STATUTORY RULES.
1920. No. 126.
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REGULATION UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1919 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1919.
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 Electoral Act 1918-1919 and the Referendum (Constitution Alteration) Act 1906-1919, to come into operation forthwith.
Dated the fourteenth day of July, 1920.
R.M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W.H. LAIRD SMITH,
for Minister of State for Home and Territories.
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Amendment of Electoral and Referendum Regulations.
(Statutory Rules 1919, No. 57, as amended to this date.)
Regulation 77 of the Electoral and Referendum Regulations is repealed and the following regulation inserted in its stead:—
“77.(1) Subject to sub-regulation (4) of this regulation, the Commonwealth Electoral Officer or the Divisional Returning Officer in whose custody any sealed parcels are retained pursuant to the Act or the Regulations, may, for the purposes of any authorized official inquiry, if so directed by the Chief Electoral Officer, open any parcel in his custody containing any certified list of voters, or any certified copy of the roll used at the scrutiny of absent votes, or at the scrutiny of postal votes, or containing any declarations used for the purpose of absent voting or voting pursuant to section 121, or any postal vote certificates, and may take out and examine the certified list or certified copy of the roll or any declaration or postal vote certificate, and take a copy thereof.
(2) In the case of a certified list or certified copy of a roll he shall forthwith replace it in a parcel, and fasten, seal, and indorse the parcel as required by the Chief Electoral Officer.
(3) Any declarations or postal vote certificates which have, in pursuance of this regulation, been taken out of a sealed parcel may be retained by the Commonwealth Electoral Officer or the Divisional Returning Officer or dealt with in the manner directed by the Chief Electoral Officer, and upon the attainment of the purpose for which the declarations or postal vote certificates were so retained or dealt with, the Commonwealth Electoral Officer or the Divisional Returning Officer, as the case may be, shall forthwith replace them in a parcel and fasten, seal, and indorse it as required by the Chief Electoral Officer.
(4) No sealed parcel containing declarations or postal vote certificates shall be opened in pursuance of this regulation until any election or referendum to which the contents of that parcel relate can no longer be questioned.
(5) A Commonwealth Electoral Officer or Divisional Returning Officer who opens a sealed parcel in pursuance of this regulation shall not mark, alter, or in any way deface, or permit any other person, to mark, alter, or deface, any document taken out of the parcel, and shall be responsible for every such document being replaced in the same condition as when it was taken out.
Printed and Published for the Government of the Commonwealth of Australia by Albert j. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1920, No. 126, under the Commonwealth Electoral Act 1918-1919 and the Referendum (Constitution Alteration) Act 1906-1919, was introduced to amend existing regulations concerning the handling and examination of sealed parcels containing electoral and referendum documents. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, this regulation sought to streamline the process for authorised officials to access sealed parcels for the purpose of official inquiries while ensuring the integrity and security of the documents involved. The policy objective is to maintain the transparency and fairness of the electoral process by providing a controlled method for scrutinising electoral materials without compromising their security.
Scope and Application
This statutory regulation, issued under the Commonwealth Electoral Act 1918-1919 and the Referendum (Constitution Alteration) Act 1906-1919, applies to the Commonwealth Electoral Officer and the Divisional Returning Officer who have custody of sealed parcels containing certified lists of voters, certified copies of electoral rolls, declarations used for absent voting, postal vote certificates, and other relevant documents. The regulation allows these officers to open and examine such sealed parcels for authorised official inquiries, subject to directions from the Chief Electoral Officer, but only after any related election or referendum can no longer be questioned. The regulation also mandates that any documents removed from the sealed parcels must be handled carefully, with no markings or alterations permitted, and must be returned to the parcels in the same condition as when they were removed. This regulation governs the procedures and conditions under which the electoral officers can conduct their inquiries, ensuring the integrity and security of the electoral process.
Key Provisions
The primary operative sections of the legislation, specifically Regulation 77, allow the Commonwealth Electoral Officer or the Divisional Returning Officer to open sealed parcels containing certified lists of voters, certified copies of rolls, declarations, or postal vote certificates for authorised official inquiries directed by the Chief Electoral Officer (Regulation 77(1)). The regulation specifies that the officer must replace the examined materials in their sealed parcels, seal and endorse them as required by the Chief Electoral Officer (Regulation 77(2)). Declarations or postal vote certificates taken out for the purpose of the inquiry may be retained or dealt with as directed, with the condition that they are replaced in their parcels once the inquiry is complete (Regulation 77(3) and (4)). Importantly, any document taken out of the parcel must not be marked, altered, or defaced, and any such actions will be the responsibility of the officer (Regulation 77(5)).
Under this regulation, the obligations imposed on the Commonwealth Electoral Officer or the Divisional Returning Officer include ensuring that any sealed parcel opened for an official inquiry is properly resealed and endorsed after examination (Regulation 77(2)). The officers must also ensure that any declarations or postal vote certificates are replaced in their sealed parcels once the inquiry is concluded (Regulation 77(3)). Additionally, the officers are strictly prohibited from marking, altering, or defacing any document taken out of a parcel and must ensure that no other person does so either (Regulation 77(5)). These obligations ensure that the integrity and confidentiality of the electoral and referendum processes are maintained.
Failure to comply with the provisions of this regulation could lead to serious consequences. While the legislation does not explicitly state penalties for breaches, any actions that result in the marking, alteration, or defacing of electoral documents could potentially lead to civil or criminal liability under broader electoral laws. Additionally, any improper handling of sealed parcels or electoral documents could be subject to disciplinary actions or penalties as outlined in the broader electoral framework, which may include fines or other legal repercussions. The regulation's emphasis on maintaining the condition and confidentiality of electoral documents underscores the seriousness with which breaches of these obligations are viewed.