Electoral and Referendum Regulations (Amendment)

Overview

Statutory Rules 1925 No. 210, made under the authority of the Commonwealth Electoral Act 1918–1924 and the Referendum (Constitution Alteration) Act 1906–1919, was enacted to amend the Electoral and Referendum Regulations 1919. This legislative instrument was introduced by the Governor-General, acting on the advice of the Federal Executive Council, and was designed to address specific administrative procedures related to the preparation of lists for electoral and referendum purposes. The primary objective of this regulation is to streamline and clarify the processes involved in the preparation of lists in accordance with the specified sections of the Acts, ensuring that electoral and referendum activities are conducted efficiently and in compliance with legal requirements.

Scope and Application

This statutory rule, made under the Commonwealth Electoral Act 1918–1924 and the Referendum (Constitution Alteration) Act 1906–1919, pertains to the amendment of the Electoral and Referendum Regulations 1919. It applies to the entire Commonwealth of Australia and is designed to affect the conduct of electoral and referendum activities. The regulation specifically targets the preparation of electoral lists, as stipulated in section 128a(2) of the Commonwealth Electoral Act. It mandates the inclusion of certain preparatory actions within the scope of an inquiry, while also making an exception for the specific purpose of preparing a list as per the referenced section of the Act. The regulation does not explicitly state any exclusions or thresholds but instead clarifies and adjusts the application of the existing regulations through its amendments. Subordinate instruments may further extend or restrict the application of these rules as necessary, thereby ensuring the regulation's provisions are implemented effectively across the Commonwealth.

Key Provisions

The main operative sections of this legislation amend Regulation 77 of the Electoral and Referendum Regulations 1919. Specifically, sub-regulation (1) is amended to include the phrase "(including the preparation of any list in accordance with sub-section (2.) of section 128a of the Act)" after the word "inquiry". This suggests that the scope of the inquiry now includes the preparation of lists as specified in the Commonwealth Electoral Act 1918–1924. Additionally, sub-regulation (4) is amended by the insertion of the phrase "Except for the purpose of the preparation of a list in accordance with sub-section (2.) of section 128a of the Act," at the beginning. This indicates that certain exceptions apply when preparing these lists, presumably to streamline the process or exclude certain activities. The obligations and requirements imposed by this regulation are primarily concerned with the conduct of electoral and referendum processes, specifically the preparation of lists. The regulation mandates that any inquiry must now include the preparation of lists as per section 128a(2) of the Commonwealth Electoral Act 1918–1924. This may involve the collation and verification of voter information, ensuring that the electoral roll is accurate and up-to-date. Furthermore, the regulation clarifies that while certain exceptions apply to the preparation of these lists, they are still subject to the overall regulatory framework governing elections and referendums. Offences, penalties, or civil and criminal consequences for breach of these provisions are not explicitly stated in the text provided. However, under the general principles of administrative law and the overarching Acts (Commonwealth Electoral Act 1918–1924 and the Referendum (Constitution Alteration) Act 1906–1919), failure to comply with regulations may result in administrative penalties or legal action. The precise nature and severity of these penalties would depend on the specific breach and the discretion of the relevant authorities. For instance, significant non-compliance could lead to investigations by electoral commissions or other regulatory bodies, potentially resulting in fines or other corrective measures.