Electoral and Referendum Amendment Regulations 2002 (No. 1) 2002 No. 117
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 117
Issued by the authority of the Special Minister of State
Commonwealth Electoral Act 1918
Referendum (Machinery Provisions) Act 1984
Electoral and Referendum Amendment Regulations 2002 (No. 1)
Section 395 of the Commonwealth Electoral Act 1918 provides that the Governor-General may make Regulations for the purposes of the Act.
Section 144 of the Referendum (Machinery Provisions) Act 1984 provides that the Governor-General may make Regulations for the purposes of the Act.
The Regulations amended the Electoral and Referendum Regulations 1940 to correct the references to paragraphs in section 245 of the Commonwealth Electoral Act 1918 and section 45 of the Referendum (Machinery Provisions) Act 1984 which had been amended by the Finance and Administration Legislation Amendment (Application of the Criminal Code) Act 2001 to bring offence provisions in those sections into line with the Criminal Code.
Electoral and Referendum Amendment Regulations 2002 (No. 1)
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations will commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Electoral and Referendum Regulations 1940.
Schedule 1
Item 1 amends Subregulation 81(1) to update the references to paragraph 245 (15)(a) of the Commonwealth Electoral Act 1918 and paragraph 45(14)(a) of the Referendum (Machinery Provisions) Act 1984.
Item 2 amends Subregulation 83(1) to update the references to paragraphs 245(15)(a) and (b) of the Commonwealth Electoral Act 1918 and paragraphs 45(14)(a) and (b) of the Referendum (Machinery Provisions) Act 1984.
The Regulations commence on gazettal.
Overview
The Electoral and Referendum Amendment Regulations 2002 (No. 1) were enacted to address inconsistencies in the Electoral and Referendum Regulations 1940, following amendments made by the Finance and Administration Legislation Amendment (Application of the Criminal Code) Act 2001. This regulation was issued under the authority of the Special Minister of State and is designed to bring offence provisions within the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 into alignment with the Criminal Code. The objective of these regulations is to ensure that the legal references within the electoral and referendum framework are accurate and consistent, thereby maintaining the integrity and functionality of the legislative processes surrounding elections and referendums in Australia.
Scope and Application
The Electoral and Referendum Amendment Regulations 2002 (No. 1) apply to the electoral processes and referendum mechanisms as governed by the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, respectively. These Regulations are designed to correct and update references within the Electoral and Referendum Regulations 1940 to align with amendments made by the Finance and Administration Legislation Amendment (Application of the Criminal Code) Act 2001. The scope of these Regulations encompasses entities and individuals involved in federal elections and referendums, ensuring that offence provisions are consistent with the Criminal Code. The Regulations extend throughout Australia, reflecting the national scope of federal electoral and referendum laws. The amendments do not introduce new exclusions or exemptions but ensure that the existing provisions are correctly referenced and operationally effective within the legal framework. The Regulations, issued under the authority of the Special Minister of State, commence on gazettal, and any further application or restriction is managed through subordinate instruments as needed.
Key Provisions
The Electoral and Referendum Amendment Regulations 2002 (No. 1) (the Regulations) primarily serve to update and correct references in the Electoral and Referendum Regulations 1940, aligning them with recent legislative changes. Regulation 1 identifies the Regulations, while Regulation 2 specifies that they come into effect on the date of their gazettement. Regulation 3 indicates that the Regulations amend the Electoral and Referendum Regulations 1940 through Schedule 1. Specifically, Schedule 1 amends Subregulations 81(1) and 83(1) to reflect changes made by the Finance and Administration Legislation Amendment (Application of the Criminal Code) Act 2001, ensuring that the references to certain sections of the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 are current.
The obligations imposed by these Regulations primarily involve ensuring that the updated references in the Electoral and Referendum Regulations 1940 are accurately reflected. This is necessary to maintain consistency and alignment with the more recent amendments made to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. These changes are crucial for the proper administration of elections and referendums, as they ensure that all regulatory references are up to date and correctly reflect the current legal framework.
Breaches of the provisions within these Regulations, while not explicitly outlined in terms of offences, penalties, or consequences in the text provided, would likely be subject to the general legal framework under which the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 operate. Typically, non-compliance with electoral regulations can result in civil or criminal penalties as specified under these Acts, which may include fines or imprisonment depending on the nature and severity of the breach. The precise penalties would be determined by the relevant courts, taking into account the specifics of the violation and any applicable statutory provisions.