Electoral and Referendum Regulations (Amendment)

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Legislation au F1996B04234 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 44

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1973 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1918-1973 and the Referendum (Constitution Alteration) Act 1906-1973.

Dated this third day of April, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

F. M. DALY

Minister of State for Services and Property.

————

Amendments of the Electoral and Referendum Regulations†

1. After regulation 98 of the Electoral and Referendum Regulations the following regulation is inserted:—

Modification of form of ballot-paper where two or more referendums are held on the same day.

“ 98a. Form D in the Schedule to the Referendum (Constitution Alteration) Act 1906-1973 is, for the purposes of sub-section 14a (3) of that Act, modified by omitting the words—

“ Submission to the Electors of Proposed Laws for the alteration of the Constitution.

1. Proposed law entitled (here set out the title of the proposed law).

DIRECTIONS:—Mark your vote on this ballot-paper as follows:—

If you APPROVE the proposed law, write the word YES in the space provided opposite the question.

If you DO NOT APPROVE the proposed law, write the word NO in the space provided opposite the question.

Do you approve the proposed law for the alteration of the Constitution entitled (here set out the title of the proposed law)?

————————————————————

2. Proposed law entitled (here set out the title of the proposed law).

DIRECTIONS:—Mark your vote on this ballot-paper as follows:—

If you APPROVE the proposed law, write the word YES in the space provided opposite the question.

 

* Notified in the Australian Government Gazette on 9 April 1974.

† Statutory Rules 1940, No. 163, as amended by Statutory Rules 1949, No. 62; 1954, No. 27; 1961, No. 103; 1966, No. 140; and 1973, No. 62.


If you DO NOT APPROVE the proposed law, write the word NO in the space provided opposite the question.

Do you approve the proposed law for the alteration of the Constitution entitled (here set out the title of the proposed law)?

and substituting the words—

“ Submission to the electors of proposed laws for the alteration of the Constitution.

DIRECTIONS TO VOTER

In respect of each of the proposed laws, mark your vote on the ballot-paper for that proposed law as follows:—

If you APPROVE the proposed law specified in the ballot-paper, write the word YES in the space provided opposite the question.

If you DO NOT APPROVE the proposed law specified in the ballot-paper, write the word NO in the space provided opposite the question.

BALLOT-PAPER

1. Proposed law entitled (here set out the title of the proposed law).

DO YOU APPROVE the proposed law?

BALLOT-PAPER

2. Proposed law entitled (here set out the title of the proposed law).

DO YOU APPROVE the proposed law?

[Add additional ballot-papers if required]

The Schedule-Form 31.

2. Form 31 in the Schedule to the Electoral and Referendum Regulations is repealed and the following form substituted:—

“ Form 31. Regulation 42 (5).

The elector must not mark his vote on this ballot-paper until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

POSTAL BALLOT-PAPERS.

Australia.

State of [here insert name of State].

Submission to the Electors of Proposed Laws for the alteration of the Constitution.

DIRECTIONS TO VOTER

In respect of each of the proposed laws, mark your vote on the ballot-paper for that proposed law as follows:—

If you APPROVE the proposed law specified in the ballot-paper, write the word YES in the space provided opposite the question.

If you DO NOT APPROVE the proposed law specified in the ballot-paper, write the word NO in the space provided opposite the question.

BALLOT-PAPER

1. Proposed law entitled (here set out the title of the proposed law).

DO YOU APPROVE the proposed law?


BALLOT-PAPER

2. Proposed law entitled (here set out the title of the proposed law).

DO YOU APPROVE the proposed law?

[Add additional ballot-papers if required]

FURTHER DIRECTIONS:—Fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope.”.

The Schedule-Form 36.

3. Form 36 in the Schedule to the Electoral and Referendum Regulations is repealed and the following form substituted:—

“ Form 36. Regulation 54.

ABSENT VOTE.

Ballot-Papers

Australia.

State of [here insert name of State].

Submission to the Electors of Proposed Laws for the alteration of the Constitution.

DIRECTIONS TO VOTER

In respect of each of the proposed laws, mark your vote on the ballot-paper for that proposed law as follows:—

If you APPROVE the proposed law specified in the ballot-paper, write the word YES in the space provided opposite the question.

If you DO NOT APPROVE the proposed law specified in the ballot-paper, write the word NO in the space provided opposite the question.

BALLOT-PAPER

1. Proposed law entitled (here set out the title of the proposed law).

DO YOU APPROVE the proposed law?

BALLOT-PAPER

2. Proposed law entitled (here set out the title of the proposed law).

DO YOU APPROVE the proposed law?

[Add additional ballot-papers if required]

FURTHER DIRECTIONS:—Fold the ballot-paper so that the votes cannot be seen and return it to the Presiding Officer before whom you made your declaration.”.

Overview

Statutory Rules 1974 No. 44, made under the Commonwealth Electoral Act 1918-1973 and the Referendum (Constitution Alteration) Act 1906-1973, addresses the procedural challenges of conducting multiple referendums on the same day. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, these regulations modify the forms of ballot papers to ensure clarity and accuracy in voter responses when multiple referendums occur simultaneously. The regulations aim to streamline the voting process for electors, ensuring that they can clearly indicate their approval or disapproval for each proposed constitutional alteration without confusion.

Scope and Application

The Statutory Rules 1974 No. 44, made under the Commonwealth Electoral Act 1918-1973 and the Referendum (Constitution Alteration) Act 1906-1973, modify the forms of ballot papers used during elections and referendums in Australia. These regulations apply to all individuals who are eligible to vote in federal elections and referendums, and to entities responsible for conducting and managing these electoral processes, including electoral commissions and returning officers. The regulations have a national reach, applying across all states and territories in Australia, ensuring uniformity in the presentation and handling of ballot papers. The scope of the regulations is limited to the forms of ballot papers and does not address other aspects of electoral conduct or administration. The regulations provide for specific modifications to the ballot paper forms, particularly when multiple referendums are conducted on the same day, ensuring that voters can clearly and unambiguously express their approval or disapproval of each proposed law.

Key Provisions

The main operative sections of the Statutory Rules 1974 No. 44 concern the modification of the form of ballot-papers for referendums. Specifically, regulation 98a modifies Form D in the Schedule to the Referendum (Constitution Alteration) Act 1906-1973 to include directions for voters to mark their approval or disapproval of multiple proposed laws for the alteration of the Constitution on a single ballot-paper. This regulation mandates the inclusion of each proposed law's title and directs voters to write 'YES' if they approve the law or 'NO' if they do not. Additionally, Form 31 and Form 36 in the Schedule to the Electoral and Referendum Regulations are repealed and substituted with new forms that provide similar directions for postal and absent voting, respectively. The Act imposes several obligations on the relevant parties. Firstly, it requires the Electoral Commission to modify the ballot-papers in accordance with regulation 98a. This involves ensuring that the ballot-papers include the necessary directions for voters to cast their votes on multiple proposed laws. Secondly, the regulations mandate that voters follow the directions provided on the ballot-papers, which include marking their approval or disapproval of each proposed law clearly. Thirdly, for postal and absent voting, the regulations require voters to handle their ballot-papers in a manner that ensures the secrecy of their votes, such as folding the ballot-paper before placing it in the envelope. Failure to comply with these regulations may result in penalties. Although the specific penalties are not detailed in the text, breaches of electoral laws can typically lead to administrative sanctions, such as fines or disqualification from voting. In severe cases, criminal charges may be brought against individuals who engage in activities that undermine the integrity of the electoral process, such as voter fraud or the intentional distribution of incorrect ballot-papers. The maximum penalties for such offences can vary but may include substantial fines and imprisonment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.