Electoral and Referendum Regulations (Amendment)

Legislation au C1925L00167 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1925. No. 167.

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1924 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1918-1924 and the Referendum (Constitution Alteration) Act 1906-1919, to come into operation forthwith.

Dated the twenty-third day of September, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Home and Territories.

Amendment of Electoral and Referendum Regulations 1919.

(Statutory Rules 1919, No. 57, as amended to this date.)

1. Regulation 40 of the Electoral and Referendum Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) The application shall state the place which will be the place of living of the applicant elector at the time when a postal vote certificate and postal ballot-paper (or postal ballot-papers) would in the ordinary course of post be delivered to him.”.

2. After regulation 43a of the Electoral and Referendum Regulations the following regulation is inserted:—

Postal Ballot-paper, &c. to be delivered to applicant or sent to his place of living.

“43b. The postal vote certificate and postal ballot-paper (or postal ballot-papers) shall be delivered to the applicant elector personally or sent by post to him at the place stated in his application in accordance with the provisions of sub-regulation (2.) of regulation 40 of these Regulations.”.

3. Regulation 49 of the Electoral and Referendum Regulations is amended by omitting from sub-regulation (2.) thereof the word and figures “Form 31a” and inserting in their stead the word and figures “Form 31aa”.

4. Regulation 70 of the Electoral and Referendum Regulations is amended by adding at the end of sub-regulation (1.) the figures and words “, 31aa and 31ab respectively”.

5. Form 2 in the Schedule to the Electoral and Referendum Regulations is amended by omitting the words “and a notification relating to qualifications and disqualifications for enrolment”.

C.14061.—Price 3d.

6. Form 2a in the Schedule to the Electoral and Referendum Regulations is amended by omitting the words “and a notification relating to qualifications and disqualifications for enrolment”.

7. Form 22 in the Schedule to the Electoral and Referendum Regulations is amended—

(a) by inserting after the second note therein the following paragraph:—

“(4.) That my place of living at the time when the postal vote certificate and the postal ballot-paper (or postal ballot-papers) would be delivered in the ordinary course of post will be as follows:—

………………………………………………………..

…………………………...................................

………………………………………..

8. Form 31a in the Schedule to the Electoral and Referendum Regulations is repealed and the following Forms inserted in its stead:—

“Form 31a. Regulation 70 (1.)

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF SECTION 91a OF THE COMMONWEALTH ELECTORAL ACT.

I, (a) of (b) (a) Name in full (as appearing on Roll). (b) Address in full (as appearing on Roll).

(1) That I am enrolled on the Electoral Roll for the Subdivision of the Electoral Division of in the State of

(2) That I claim to vote under the provisions of Section 91a of the Commonwealth Electoral Act.

(3) That I have neither applied for nor received a Postal Vote Certificate or a Postal Ballot-paper in connexion with any Commonwealth Election being held this day.

Note.—‘Election’ in this declaration means a Senate Election, or a House of Representatives Election, or any Referendum (held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being), or all of them, as the case requires.

Personal signature of voter

Signed before me the day of 192 , at polling place.

Presiding Officer.

Note.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.

“Directions.

1. This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.

2. The Presiding Officer shall then (subject to the provisions of Section 115 of the Act) initial and hand to the voter—

(a) one ballot-paper (headed “Section 91a.”) for the Senate Election for the above-mentioned State;

(b) one ballot-paper (headed “Section 91a.”) for the House of Representatives Election for the above-mentioned Division; and

held on the date upon which this declaration is made.

3. The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote on each ballot-paper handed to him, in the manner directed thereon; (ii) fold each ballot-paper separately in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper or ballot-papers (as the case requires) so folded, to the Presiding Officer before whom he made his declaration.

4. The Presiding Officer will see that he receives from the voter each ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper or ballot-papers, will forthwith, in the presence of the voter, and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper or ballot-papers received from that voter, in the envelope bearing the declaration of the voter and addressed to the Divisional Returning Officer for the Division for which the voter declares that he is enrolled, securely fasten the envelope, and deposit it in the ballot-box.

“Form 31aa. Regulation 70 (1.)

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF SECTION 115 (3.) OF THE COMMONWEALTH ELECTORAL ACT.

I,(a) of (b) (a) Name in full (as appearing on Roll). (b) Address in full (as appearing on Roll)

(1) That I am enrolled on the Electoral Roll for the Subdivision of the Electoral Division of in the State of

(2) That I claim to vote under the provisions of Section 115 (3.) of the Commonwealth Electoral Act.

(3) That from the answers made by me to the questions put to me by the Presiding Officer under Section 115 of the Commonwealth Electoral Act the Presiding Officer has informed me that in his opinion my Claim to Vote should be rejected, but, I allege that my Claim to Vote should not be rejected, and I state that the grounds of my allegation are as follow:—*

……………………………………………………………………………………………………………

Personal signature of voter

Signed before me the day of 192 at polling place.

Presiding Officer.

Note.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.

*Insert grounds upon which the Voter alleges that his claim to Vote should not be rejected.

“Directions.

1. This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer and then be completed and attested by the Presiding Officer.

2. The Presiding Officer shall then (subject to the provisions of Section 115 of the Act) initial and hand to the voter—

(a) one ballot-paper (headed “Section 115 (3.),”) for the Senate Election for the above-mentioned State;

(b) one ballot-paper (headed “Section 115 (3.),”) for the House of Representatives Election for the above-mentioned Division; and

held on the date upon which this declaration is made.

3. The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote on each ballot-paper handed to him, in the manner directed thereon; (ii) fold each ballot-paper separately in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper or ballot-papers (as the case requires) so folded to the Presiding Officer before whom he made his declaration.

4. The Presiding Officer will see that he receives from the voter each ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper or ballot-papers, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper or ballot-papers received from that voter, in the envelope bearing the declaration of the voter and addressed to the Divisional Returning Officer for the Division for which the voter declares that he is enrolled, securely fasten the envelope, and deposit it in the ballot-box.

“Form 31ab. Regulation 70 (1.)

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF SECTION 121A OF THE COMMONWEALTH ELECTORAL ACT.

I,(a) of (b)

(a) Name in full (as appearing on Roll). (b) Address in full (as appearing on Roll).

(1) That I am enrolled on the Electoral Roll for the

Subdivision of the Electoral Division of in the State of

(2) That I claim to vote under the provisions of Section 121a of the Commonwealth Electoral Act.

(3) That I have not voted in connexion with any Commonwealth Election being held this day.

Note.—‘Election’ in this declaration means a Senate Election, or a House of Representatives Election, or any referendum (held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being), or all of them, as the case requires.

Personal signature of voter

Signed before me the day of 192 . at polling place.

Presiding Officer.

Note —A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.

Directions.

2. The Presiding Officer shall then (subject to the provisions of Section 115 of the Act) initial and hand to the voter—

(a) one ballot-paper (headed “Section 121a”) for the Senate Election for the above-mentioned State;

(b) one ballot-paper (headed “Section 121a”) for the House of Representatives Election for the above-mentioned Division; and

held on the date upon which this declaration is made.

4. The Presiding Officer will see that he receives from the voter each ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper or ballot-papers, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper or ballot-papers received from that voter in the envelope bearing the declaration of the voter and addressed to the Divisional Returning Officer for the Division for which the voter declares that he is enrolled, securely fasten the envelope, and deposit it in the ballot-box.”

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1925 No. 167, titled "Regulations under the Commonwealth Electoral Act 1918-1924 and the Referendum (Constitution Alteration) Act 1906-1919," were enacted by the Governor-General on behalf of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations aim to amend the Electoral and Referendum Regulations 1919, specifically addressing the procedures for postal voting in federal elections and referendums. The changes include updating the forms and regulations to ensure the accurate and timely delivery of postal ballots to electors, as well as modifying certain forms to align with the amendments. The primary policy objective is to streamline and formalise the process for postal voting to enhance the integrity and efficiency of the electoral process.

Scope and Application

The Statutory Rules 1925 No. 167, made under the Commonwealth Electoral Act 1918-1924 and the Referendum (Constitution Alteration) Act 1906-1919, primarily concerns the regulation of electoral and referendum processes in Australia. It applies to electors and officials involved in conducting elections and referendums, as well as entities such as electoral divisions and subdivisions. The regulations cover conduct related to the administration of postal votes, including the submission and handling of postal ballot applications and forms. Geographically, these regulations have a national scope as they pertain to federal elections and referendums across the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned within the text, although the application of these regulations is contingent on compliance with the broader electoral laws. The Act extends its application through subordinate instruments by specifying detailed procedures for the submission of postal vote applications and the forms to be used, as well as the processes for the Presiding Officer to manage and validate the voting process.

Key Provisions

The primary operative sections of these Regulations, which are made under the Commonwealth Electoral Act 1918-1924 and the Referendum (Constitution Alteration) Act 1906-1919, primarily focus on amendments to the Electoral and Referendum Regulations 1919. Regulation 40 is amended to require that an application for a postal vote must include the place where the applicant will be residing at the time the postal vote certificate and ballot papers are delivered (Regulation 40(2)). Furthermore, a new regulation, 43b, is inserted to mandate that postal vote certificates and ballot papers must be delivered to the applicant personally or sent by post to the place stated in their application (Regulation 43b). Regulation 49 is amended to replace Form 31a with Form 31aa, and Regulation 70 is amended to reference Form 31aa and a new Form 31ab (Regulation 70(1)). Additionally, Form 2 and Form 2a in the Schedule are amended to remove references to notifications relating to qualifications and disqualifications for enrolment, and Form 22 is amended to add a declaration regarding the applicant’s place of residence at the time of postal ballot delivery (Form 22(4)). The Regulations impose several obligations on the parties involved. Firstly, applicants for postal votes must accurately state their place of residence at the time the postal vote materials would be delivered. This ensures that the postal vote process is efficiently managed. Secondly, the electoral authorities are required to deliver or send the postal vote materials to the specified address of the applicant. This requirement ensures that voters have the necessary materials to cast their votes by post. Additionally, the use of specific forms (such as Form 31aa and Form 31ab) for declarations at polling places ensures uniformity and compliance with the electoral laws. These obligations ensure that the electoral process is orderly, transparent, and accessible to eligible voters. Breaching the provisions of these Regulations can lead to significant consequences. Specifically, Regulation 70(1) states that a person making any untrue statement in the declaration forms used at polling places is liable to a penalty of Twenty Pounds. This penalty applies to each instance of making an untrue statement, highlighting the importance of accuracy and truthfulness in the electoral process. The imposition of a financial penalty serves as a deterrent against fraudulent activities and ensures the integrity of the electoral process.

Area of Law: Electoral Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Enforcement Powers

Interactions

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.

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