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Regulation 4: Amends Principal Sub-regulation 73(1) by removing references to repealed regulations, and making provision for the counting of ballot papers consequent on the repeal of Sub-regulations 73(2), (3) and (4).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.
Overview
The Electoral and Referendum Regulations Amendment Statutory Rule 1987 No. 118 was enacted to update the regulations in accordance with changes made by the Commonwealth Electoral Amendment Act 1987. The Regulations, which govern the administration of federal elections and referendums in Australia, needed to be modified to reflect these amendments, particularly in the context of the forwarding of postal votes and the counting of ballot papers. The enacting body for these amendments was the Special Minister of State, who issued the rule under the authority granted by the relevant legislation. The overarching policy objective was to ensure that the electoral machinery provisions are up to date and efficient, facilitating the smooth conduct of elections and referendums.
The amendments primarily address the repeal of certain regulations that have been subsumed by new provisions in the Commonwealth Electoral Act, such as the requirement for amalgamation of ballot papers from boxes containing fewer than one hundred votes before counting. Additionally, the amendment repeals obsolete forms, such as Form 39 (non-voters roll) and Form 27 (postal vote certificate), replacing them with more contemporary versions that align with the updated Act. These changes aim to streamline the electoral process and maintain the integrity and efficacy of the electoral system.
Scope and Application
The Electoral and Referendum Regulations, amended by Statutory Rule 1987 No. 118, govern the administration of Commonwealth electoral processes and referendums. These Regulations apply to all individuals and entities involved in the electoral process, including returning officers, presiding officers, and polling officials, as well as those responsible for the conduct of referendums. The Regulations are designed to ensure the proper conduct of elections and referendums, including the handling of postal votes, the maintenance of electoral rolls, and the counting of votes. The geographic reach of these Regulations extends across the Commonwealth of Australia, applying uniformly in all states and territories. Certain exclusions and exemptions may apply, particularly in relation to the specific forms and procedures prescribed, which are subject to the overarching provisions of the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The amending Regulations also extend or restrict application through subordinate instruments, ensuring that the procedures outlined align with the legislative framework established by these Acts.
Key Provisions
The amending Regulations to the Electoral and Referendum Regulations, issued under the authority of the Special Minister of State, primarily serve to align certain provisions with updates made in the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. Regulation 2 repeals Principal Regulation 45 and replaces it with a new regulation that specifies the procedures for forwarding certain postal votes in accordance with the Commonwealth Electoral Act (section 228). Regulation 3 repeals Principal Regulations 47, 48, 69, and 70, which previously dealt with the handling and counting of postal ballot papers, the amalgamation of ballot papers from boxes with fewer than one hundred votes, and the records of section voters. These tasks are now addressed directly in the Act, specifically under section 228 and 232.
These changes impose several obligations on the relevant parties, including Returning Officers, Assistant Returning Officers, and Presiding Officers. They must now follow the specific procedures outlined in the Commonwealth Electoral Act for forwarding postal votes and handling ballot papers. The repeal of certain Regulations also means that amalgamation of ballot papers from boxes containing fewer than one hundred votes is no longer required before counting, thereby streamlining the counting process. Furthermore, the regulations require that non-voters rolls be maintained as prescribed by the Act, although the specific format of these rolls is no longer mandated by the Regulations.
Failure to comply with the provisions of the Electoral and Referendum Regulations can result in legal consequences. While the amending Regulations themselves do not specify particular offences, breaches of the underlying Acts, such as the Commonwealth Electoral Act, can lead to penalties. For example, under the Electoral Act, certain actions by Returning Officers or Assistant Returning Officers that result in the disenfranchisement of voters or improper handling of votes could be subject to fines and other sanctions. The maximum penalties for electoral offences can vary, but they may include fines and imprisonment terms, depending on the severity and intent behind the breach.