STATUTORY RULES.
1924. No. 69.
REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1922, AND 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 1918-1922, and Referendum (Constitution Alteration) Act 1906-1919, to come into operation forthwith.
Dated this thirtieth day of April, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Home and Territories.
Amendment of Electoral and Referendum Regulations.
(Statutory Rules 1919, No. 57, as amended to this date.)
Regulation 25 of the Electoral and Referendum Regulations is repealed, and the following regulation inserted in its stead:—
Declaration of prosecuting officer to be considered by Court.
“25. (1) In any prosecution in respect of any contravention of section 42 of the Act the prosecuting officer may lodge with the Court a statutory declaration in support of the charge, and it shall not then be necessary for him to attend at the hearing.
(2) Where a statutory declaration has been lodged as provided by this regulation and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration as if the matter set out therein had been given in evidence before it.
(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.6364.—Price 3d.
Overview
Statutory Rules 1924 No. 69, made under the authority of the Commonwealth Electoral Act 1918-1922 and the Referendum (Constitution Alteration) Act 1906-1919, was enacted to amend the existing Electoral and Referendum Regulations, specifically addressing the procedural aspects of prosecutions for electoral offences. The regulation was issued by the Governor-General in Council, signifying the federal government's intent to streamline the prosecution process. The policy objective appears to be facilitating the enforcement of electoral laws by reducing the administrative burden on prosecuting officers, allowing them to present statutory declarations in support of charges without necessitating their physical presence in court. This change was intended to expedite the legal proceedings related to electoral offences, ensuring that the administration of justice could proceed more efficiently.
Scope and Application
The Statutory Rules 1924, No. 69, issued under the Commonwealth Electoral Act 1918-1922 and the Referendum (Constitution Alteration) Act 1906-1919, pertains specifically to the procedural aspects of prosecutions for contraventions of section 42 of the Electoral Act. This regulation applies to prosecuting officers, courts, and any individuals or entities facing prosecution for electoral offences. The regulation’s scope extends across the Commonwealth of Australia, as it is an instrument made by the Governor-General in accordance with federal law. It does not specify exclusions or exemptions, but rather focuses on streamlining the process of presenting evidence in electoral offence prosecutions. Notably, this regulation allows prosecuting officers to submit a statutory declaration in lieu of personal attendance at the hearing, thereby facilitating the legal process. The regulation further stipulates that courts must treat such declarations as valid evidence in the absence of the prosecuting officer, ensuring that the judicial process continues smoothly despite the officer's non-attendance. This regulation exemplifies the Commonwealth's approach to maintaining efficiency and effectiveness in electoral law enforcement.
Key Provisions
The main operative section of these regulations is Regulation 25, which pertains to the handling of prosecutions for contraventions of section 42 of the Commonwealth Electoral Act 1918-1922. Specifically, Regulation 25(1) allows the prosecuting officer to submit a statutory declaration in support of the charge, thereby removing the necessity for their physical presence at the hearing. Regulation 25(2) mandates that if a statutory declaration has been lodged, the court may proceed with the hearing and determination of the case in the prosecuting officer's absence, treating the declaration as if the evidence had been presented in court. Regulation 25(3) further clarifies that any document purporting to be a statutory declaration will be accepted by the court without requiring proof of the signatures or the authority of the person who took the declaration.
These regulations impose specific obligations on prosecuting officers involved in electoral and referendum prosecutions. They must ensure that any statutory declaration they lodge is accurate and complete, as it will be considered by the court in lieu of their presence. The regulations also place a responsibility on the courts to proceed with hearings and determinations based on the statutory declarations provided, ensuring that the absence of the prosecuting officer does not impede the judicial process.
Breaches of the provisions in these regulations could lead to various consequences. While the regulations do not explicitly state offences or penalties for non-compliance, any irregularities in the statutory declaration process could potentially undermine the integrity of the prosecution. Such issues might be subject to judicial review or other legal challenges, which could result in the dismissal of the case or other legal ramifications. Additionally, if the statutory declaration is found to be false or misleading, it could lead to charges of perjury or other criminal offences against the person who made the declaration.