Electoral and Referendum Regulations (Amendment)

Overview

The Statutory Rules 1922, No. 136, issued by the Governor-General acting on the advice of the Federal Executive Council, amends the Electoral and Referendum Regulations 1919 under the Commonwealth Electoral Act 1918-1921 and the Referendum (Constitution Alteration) Act 1906-1919. This legislative instrument addresses the procedural changes required when there are alterations to electoral boundaries that affect the enrolment of electors. The regulation introduces new procedures for notifying electors of changes to their enrolment consequent to boundary alterations, aiming to ensure transparency and fairness in the electoral process. It mandates that in specific cases, such as the abolition of a subdivision or changes to electoral divisions due to boundary alterations, notice must be given through the Gazette and a newspaper circulating in the affected area. For other cases, notification must be sent directly to each elector concerned, as outlined in the new Form 10. This legislative amendment was intended to streamline and formalise the notification process, ensuring that all electors are adequately informed of changes that affect their electoral enrolment.

Scope and Application

The Statutory Rules of 1922, No. 136, constitute a regulation under the Commonwealth Electoral Act 1918-1921 and the Referendum (Constitution Alteration) Act 1906-1919. This legislation applies to the administration of electoral processes and referendums within the Commonwealth of Australia, impacting individuals and entities involved in electoral activities, including voters, electoral officers, and political parties. The regulation is designed to address changes in electoral boundaries, ensuring that all affected electors are appropriately notified. The regulation outlines the procedure for notifying electors of changes in their enrolment consequent to alterations of electoral divisions or subdivisions. Specifically, it mandates that in cases where electoral subdivisions are abolished or altered due to boundary changes, or when new electoral rolls are prepared, notice must be given either through a Gazette publication and a circulating newspaper in the affected area or by direct post to each elector concerned. This regulatory amendment thus serves to ensure transparency and accuracy in the electoral process by providing clear guidelines for communication with affected electors. The regulation extends its application across the Commonwealth, impacting all states and territories within Australia.

Key Provisions

The key operative sections of the Amendment of Electoral and Referendum Regulations 1919, as detailed in the Statutory Rules 1922, primarily focus on the procedures for notifying electors about changes to electoral boundaries and rolls. Regulation 16, specifically sub-regulations (2) and (3), outlines the mechanisms for notifying electors about changes in their enrolment due to alterations in the boundaries of electoral divisions or subdivisions (16(2)-(3)). These changes are to be communicated either via a notice in the Gazette and a newspaper for cases where a subdivision is abolished or an electoral subdivision is transferred to another division, or by sending a direct notice to each affected elector if the change does not meet the criteria for Gazette and newspaper notice (16(2)-(3)). The form for the direct notice, Form 10, is detailed in the Schedule of the regulations, providing a template for the notification letter to be sent to electors. The Act imposes several obligations on the parties it governs. The primary obligation is for the Officer responsible for preparing new electoral rolls to ensure that all changes in electoral enrolment due to boundary alterations are appropriately notified. This includes the responsibility to determine whether a Gazette and newspaper notice is reasonably effective or if individual notices should be sent to electors (16(2)-(3)). The regulations also mandate that the notification process be carried out in a manner that ensures electors are accurately and timely informed of any changes to their enrolment, ensuring that their voting rights are not adversely affected by such changes. In terms of consequences for non-compliance, the regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the overarching Acts, the Commonwealth Electoral Act 1918-1921 and the Referendum (Constitution Alteration) Act 1906-1919, likely impose penalties for any failure to comply with the electoral regulations. Such penalties could include fines or other administrative sanctions, as per the provisions of the primary Acts. The exact penalties would be determined based on the nature and severity of the breach, in accordance with the relevant sections of the primary Acts.