COMMONWEALTH ELECTORAL ACT 1918
REFERENDUM (MACHINERY PROVISIONS) ACT 1984
ELECTORAL AND REFERENDUM REGULATIONS - AMENDMENT
EXPLANATORY STATEMENT
STATUTORY RULE 1987 NO. 118
Issued by Authority of the Special Minister of State
The Electoral and Referendum Regulations make provision for Commonwealth electoral and referendum administration.
Modification of a number of the Regulations is required following the enactment of the Commonwealth Electoral Amendment Act 1987. In particular, the purpose of the amending Regulations is to bring the provisions contained in the Regulations for the forwarding of declaration votes into line with the newly amended provisions of the Commonwealth Electoral Act.
The amending Regulations also provide for the repeal of the requirement that ballot papers from boxes containing fewer than one hundred votes be amalgamated before counting. This amendment was the subject of a 1986 recommendation by the Joint Select Committee on Electoral Reform. The amendments relating to the repeal of Form 39 (format of non voters rolls) and the amendment of Form 27 (postal vote certificate) are of a machinery nature.
Detailed notes on the amending Regulations are provided at Attachment A.
ATTACHMENT A
COMMONWEALTH ELECTORAL ACT 1918
REFERENDUM (MACHINERY PROVISIONS) ACT 1984
ELECTORAL AND REFERENDUM REGULATIONS - AMENDMENT NOTES ON AMENDING REGULATIONS
Regulation 1: Formal - for the purposes of the proposed Regulations, defines the existing Electoral and Referendum Regulations as the ‘Principal Regulations’.
Regulation 2: Repeals Principal Regulation 45 and substitutes a new regulation providing for the forwarding of certain postal votes in a manner consistent with the provisions of the Commonwealth Electoral Act (the Act).
Regulation 3: Repeals Principal Regulation 47 dealing with postal ballot papers taken from a ballot-box by an Assistant Returning Officer. This provision is now covered by s.228 of the Act.
Repeals Principal Regulation 48 dealing with ballot-boxes for postal votes. This provision is now covered by s.228 of the Act.
Repeals Principal Regulation 69 dealing with the record of section voters made by Presiding Officers. This provision is now covered by s.232 of the Act.
Repeals Principal Regulation 70 dealing with the action to be taken by Assistant Returning Officers in relation to section votes. This provision is now covered by s.228 of the Act.
Regulation 4: Amends Principal Sub-regulation 73(1) by removing references to repealed regulations, and making provision for the counting of ballot papers consequent on the repeal of Sub-regulations 73(2), (3) and (4).
Repeals Principal Sub-regulations 73(2), (3) and (4) requiring the amalgamation before counting of ballot papers taken from ballot boxes containing fewer than one hundred votes.
Regulation 5: Repeals Principal Regulation 75 prescribing the form of the list of electors who failed to vote. The form itself, Form 39 is to be repealed, thus removing the need for this Regulation.
Regulation 6: Repeals Form 27 and substitutes a new, more intelligible, Postal Vote Certificate Form.
Repeals Form 39 (format of non-voters roll). The Form is not required by the Act and serves no purpose 1n the Regulations. The content (as opposed to format) of non-voters rolls is prescribed by the Act.