STATUTORY RULES.
1918. No. 134.
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COMMONWEALTH PUBLIC SERVICE REGULATIONS (SIXTH AMENDMENT, 1918).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1917, to come into operation forthwith.
Dated this twenty-second day of May, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. A. WATT.
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Amendment of Commonwealth Public Service Regulations.
(Statutory Rules 1913/341.)
Regulation 252 is amended by the addition of the following:—
Provided that in the case of officers stationed at remote places with which there is no telegraphic communication, and whose votes cannot be lodged with the Returning Officer by the time and day mentioned, such votes shall be accepted by the Returning Officer if received at the earliest possible date after the election; and if, in the opinion of the Returning Officer, they may alter the result of the election as disclosed by the counting of other votes, the Returning Officer may defer communicating the result of the election to the Commissioner until they have been counted, and shall cause them to be counted in the presence of at least two of the appointed scrutineers.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Sixth Amendment) 1918 was enacted to address the issue of officers stationed in remote areas without telegraphic communication being unable to submit their votes in time for federal elections. The regulation was introduced to ensure that such officers' votes could be accepted and counted under specific conditions, thereby maintaining the integrity of the electoral process. The regulation was made by the Governor-General in accordance with the advice of the Federal Executive Council, under the authority of the Commonwealth Public Service Act 1902-1917. The policy objective of this amendment was to facilitate the inclusion of remote officers in federal elections while ensuring that the election results remain accurate and transparent.
Scope and Application
The Commonwealth Public Service Regulations (Sixth Amendment, 1918) applies to officers within the Commonwealth Public Service who are stationed in remote areas with limited communication facilities. The regulation specifically addresses the procedure for accepting votes from these remote officers in the event of an election, ensuring that such votes are counted if received in a timely manner and if they could potentially affect the election outcome. The amendment extends to officers whose votes cannot be physically delivered to the Returning Officer by the stipulated time due to the lack of telegraphic communication. This regulation is a direct modification of the existing Commonwealth Public Service Regulations, reinforcing the importance of inclusivity in electoral processes despite geographical challenges. The regulation does not explicitly outline exclusions or exemptions but implies that votes from remote officers are subject to conditions that must be met for acceptance and counting.
Key Provisions
The main operative sections of the Commonwealth Public Service Regulations (Sixth Amendment, 1918) (C1918L00134) concern the amendment of Regulation 252. Specifically, the amendment pertains to officers stationed in remote areas without telegraphic communication, where their votes cannot be lodged with the Returning Officer by the specified time and day (Reg 252). This amendment allows for such votes to be accepted if received as soon as possible after the election. If the Returning Officer believes that these late votes could change the election outcome, they have the authority to delay announcing the election result to the Commissioner until these votes are counted (Reg 252).
The obligations imposed by this amendment on the parties involved include ensuring that votes from remote officers are received by the Returning Officer as early as possible. The Returning Officer must then decide whether these votes could potentially alter the election result and, if so, must count them in the presence of at least two scrutineers (Reg 252). This ensures transparency and integrity in the counting process.
Failure to comply with these provisions could lead to significant consequences. Although specific offences and penalties are not detailed in the text, breaches of election regulations typically attract severe penalties under electoral laws. These may include fines, imprisonment, or other civil or criminal consequences as stipulated in the broader legislative framework governing elections. The severity of penalties would depend on the nature and extent of the breach, but they are likely to be substantial given the importance of maintaining election integrity.