STATUTORY RULES
1928. No. 117.
REGULATION UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1928 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906–1926.
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 1918–1928 and the Referendum (Constitution Alteration) Act 1906-1926, to come into operation forthwith.
Dated this fourteenth day of November, 1928.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
J. G. LATHAM,
for Minister of State for Home and Territories.
Amendment of the Electoral and Referendum Regulations.
(Statutory Rules 1928, No. 80, as amended to this date.)
Regulation 38 of the Electoral and Referendum Regulations is amended by adding at the end thereof the following words:—“or, in the case of ballot-papers for the Senate election for the State of Victoria, to be held on the seventeenth day of November, 1928, either that watermark, or a watermark in the paper thereof consisting of the coat of arms of the State of Victoria, or a portion thereof”.
By Authority: H. J. Green, Government Printer, Canberra.
2932—Price 3d.
Overview
The Statutory Rules 1928, No. 117, made under the Commonwealth Electoral Act 1918-1928 and the Referendum (Constitution Alteration) Act 1906-1926, address a specific procedural issue related to the Senate election for the State of Victoria scheduled for 17 November 1928. Enacted by the Governor-General in the presence of the Federal Executive Council, the regulation aims to ensure compliance with electoral standards by specifying the acceptable watermarks on ballot papers for this particular election. The amendment to Regulation 38 of the Electoral and Referendum Regulations, which adds a provision concerning the watermarks on the ballot papers for the Victorian Senate election, reflects a legislative response to ensure the integrity and uniformity of the electoral process.
The regulation underscores the importance of maintaining standardised electoral practices and materials to prevent any potential disputes or disenfranchisement during the voting process. The policy objective appears to be the enforcement of consistent and identifiable electoral standards, thereby upholding the democratic process's integrity and transparency.
Scope and Application
The Legislative Instrument C1928.L00117 amends Regulation 38 of the Electoral and Referendum Regulations, which are statutory rules made under the Commonwealth Electoral Act 1918-1928 and the Referendum (Constitution Alteration) Act 1906-1926. This specific regulation pertains to ballot papers for the Senate election for the state of Victoria, scheduled for November 17, 1928. It mandates that these ballot papers must bear either a designated watermark or a watermark of the coat of arms of the State of Victoria or a portion thereof. The amendment applies to the electoral process within the state of Victoria, affecting the conduct of the Senate election held on the specified date. The regulation's jurisdictional reach is confined to the Commonwealth of Australia, specifically impacting the electoral administration within Victoria. There are no exclusions, exemptions, or thresholds mentioned in this amendment, and it is to come into operation immediately. The regulation underscores the importance of adhering to prescribed standards in the electoral process, ensuring the integrity and uniformity of ballot papers used in federal elections within the state.
Key Provisions
The Regulation, numbered 1928. No. 117, amends the Electoral and Referendum Regulations, specifically focusing on the design of ballot papers for the Senate election in the State of Victoria scheduled for 17 November 1928. The main operative section of this Regulation is Regulation 38 (Section 1), which adds a new stipulation for the watermark on ballot papers used in this particular election. This stipulation allows for either the standard watermark, the coat of arms of the State of Victoria, or a portion of the coat of arms to be used on the ballot papers (Regulation 38, Subsection 1).
The Regulation imposes specific requirements on the design and production of ballot papers for the Senate election in Victoria. It mandates that the ballot papers must include one of three specified watermarks: the standard watermark, the coat of arms of the State of Victoria, or a portion of the coat of arms. This requirement ensures that the ballot papers used in this election are distinct and identifiable, potentially aiding in the prevention of fraud and ensuring the integrity of the electoral process (Regulation 38, Subsection 1).
There are no explicit offences, penalties, or consequences outlined in the Regulation itself for non-compliance with these provisions. However, the overarching Acts under which these Regulations are made, the Commonwealth Electoral Act 1918-1928 and the Referendum (Constitution Alteration) Act 1906-1926, likely contain provisions that could be enforced in the event of non-compliance. Breaches of electoral laws generally could result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the specific provisions of the relevant Acts.