COMMONWEALTH ELECTORAL ACT 1918
REFERENDUM (CONSTITUTION ALTERATION) ACT 1906
ELECTORAL AND REFERENDUM REGULATIONS (AMENDMENT)
EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 153
Issued by the Authority of the Special Minister of State
The Electoral and Referendum Regulations make provision for Commonwealth electoral and referendum administration and the purpose of these amending regulations is to make new provision in that regard.
Regulations 27 and 28 prescribe the form of certain notices which must be sent to electors the presence of whose names on an electoral roll has been objected to in accordance with the provisions of Part VIII of the Commonwealth Electoral Act. Regulation 27 prescribes that a notice sent pursuant to an objection on the grounds of an elector’s non-residence in a Subdivision may be in accordance with Form 20 of the Schedule, while regulation 28 prescribes that a notice sent pursuant to an objection on grounds other than non-residence in a Subdivision may be in accordance with Form 21 of the Schedule.
Forms 20 and 21 have undergone only minor amendments since they were originally promulgated. In recent years, there have been numerous complaints concerning difficulties experienced by electors in understanding the forms.
The purpose of the amendments is to repeal regulation 28, amend regulation 27 so that it will prescribe the notice to be sent to electors pursuant to objections on any grounds, and replace Forms 20 and 21 with a new Form 20. The new Form 20 is expressed in simpler and less legalistic language than those it replaces and contains alternative paragraphs to be included or deleted as necessary, according to the grounds of objection in each case.
Regulation 76 prescribes that the notice to be sent to an elector who appears to have failed to vote and the form for the reply of the elector, may be in accordance with Forms 40 and 41 of the Schedule respectively.
Both forms have been the subject of numerous complaints concerning difficulties experienced by electors in understanding them.
The purpose of the amendments is to delete Forms 40 and 41 from the Schedule and substitute new forms, expressed in simpler and less legalistic language.
Sub-section 217(4) of the Commonwealth Electoral Act 1918, provides that the regulations may permit use of any repealed form for any prescribed period notwithstanding that a new form has been prescribed. Because despatch of objection notices is a continuing process and because the non-voter follow up action resulting from the March 5 election is not yet complete, it is proposed that the period of six months be prescribed in which both new and old forms have effect.
Overview
The Commonwealth Electoral Act 1918 was enacted to provide for the conduct of elections for members of the Parliament of the Commonwealth, and related matters. Over the years, amendments have been made to address various issues and gaps in the electoral process. One such amendment is the Electoral and Referendum Regulations (Amendment) Statutory Rules 1983 No. 153, issued by the authority of the Special Minister of State, which aims to streamline and simplify the forms used in the electoral process. These regulations were introduced to address the issue of electors facing difficulties in understanding the forms used in the objection process and the non-voter follow-up action. The policy objective behind these amendments is to improve clarity and accessibility of the forms for the benefit of the electors.
Scope and Application
The Electoral and Referendum Regulations (Amendment) Statutory Rules 1983 No. 153, issued by the Authority of the Special Minister of State, amend existing provisions to improve the clarity and accessibility of notices sent to electors under the Commonwealth Electoral Act 1918. These regulations apply to all persons and entities involved in the electoral process within the Commonwealth, including electoral officers and candidates. The changes are designed to enhance the understanding and accessibility of electoral notices for all electors, particularly those who have previously encountered difficulties with the existing forms. The amendments to the regulations include the repeal of certain forms and their replacement with new, simplified versions to address the ongoing issues with the comprehension of electoral communications. This amendment is intended to ensure that all electors, regardless of their familiarity with legal terminology, can understand and respond to electoral notices effectively. The jurisdictional reach of these regulations is limited to the Commonwealth of Australia, and they do not extend to state or territory electoral laws. The transitional provisions allow for the continued use of the old forms for a period of six months, ensuring a smooth implementation of the new forms without disrupting ongoing electoral processes.
Key Provisions
The Electoral and Referendum Regulations (Amendment) focus primarily on the reform of certain forms used in the electoral process. Regulation 27 (previously regulation 28) now prescribes the notice to be sent to electors whose presence on an electoral roll has been objected to on any grounds, while Regulation 28 has been repealed. The notice must conform to the new Form 20 in the Schedule, which is designed in simpler language to address previous issues with clarity and understanding. Regulation 76 similarly prescribes that the notice to be sent to an elector who appears to have failed to vote, and the form for the elector's reply, must conform to the new Form 40 and Form 41 respectively. Both of these new forms are also expressed in less complex language to improve understanding among electors.
The obligations imposed by these regulations are primarily on the electoral officers who must ensure that the correct forms and notices are used and sent in accordance with the Act. Electoral officers must adhere to the new forms prescribed by Regulations 27 and 76 and ensure that they are used appropriately in correspondence with electors. This includes sending notices to electors whose enrolment is in question and following up with electors who appear not to have voted. The amendments aim to streamline the process and ensure that the language used is accessible to all electors, thereby facilitating a more straightforward and less bureaucratic electoral process.
Breach of these regulations could lead to various consequences, although the specific penalties are not detailed in the explanatory statement. Generally, under the Commonwealth Electoral Act 1918, failure to comply with electoral regulations can result in both criminal and civil penalties. Criminal penalties may include fines and, in some cases, imprisonment. Civil penalties might involve compensation for damages caused by non-compliance. However, the specific penalties for breaching these particular regulations would be detailed in the relevant sections of the Commonwealth Electoral Act 1918 and associated legislation. The overarching intent is to maintain the integrity and accessibility of the electoral process by ensuring that all forms and notices are clear and understandable.