STATUTORY RULES.
1927. No. 13.
REGULATION RELATING TO JOINT ELECTORAL ROLLS IN THE STATE OF VICTORIA.
WHEREAS pursuant to the Commonwealth Electoral Act and the Electoral Act of the State of Victoria, the Governor-General of the Commonwealth of Australia has entered into an arrangement with the Governor of the said State for the preparation, alteration, and revision jointly of Commonwealth Electoral Rolls and State Assembly Electoral Rolls in the said State:
And whereas Regulations for the purpose of carrying the said arrangement into effect have been made by the Governor-General and the Governor-in-Council of the said State:
And whereas it is desirable to amend the said Regulations:
Now, therefore, I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulation under the Commonwealth Electoral Act 1918-1925, to the intent that it shall have force in relation to the joint rolls to be prepared and kept in the State of Victoria in pursuance of the said recited arrangement.
Dated the 7th day of February, 1927.
STONEHAVEN,
Governor-General.
By Command of His Excellency the Governor-General,
T. W. GLASGOW,
Minister of State for Home and Territories.
Amendment of Joint Electoral (Commonwealth and Victoria) Regulations.
(Statutory Rules 1924, No. 37.)
1. This regulation shall come into operation on the tenth day of February, 1927.
2. Sub-regulation (2) of regulation 16 of the Joint Electoral (Commonwealth and Victoria) Regulations is repealed and the following sub-regulations are substituted in lieu thereof:—
“(2) In the following cases notice of the change shall be given by notice in the Commonwealth Gazette and the Victoria Government Gazette and in some newspaper circulating in the part affected:—
(a) when a Subdivision is abolished and all electors whose names are on the roll for that Subdivision are changed to another Subdivision roll; or
(b) when by reason of the alteration of the boundaries of a Division, or of an Assembly District, any Subdivision is changed from one Division or Assembly District to another Division or Assembly District, and all the names of electors which are on the Subdivision roll for the first-mentioned Division or Assembly District are changed to a Subdivision roll for the last-mentioned Division or Assembly District; or
(c) when in consequence of a proclamation for the preparation of new rolls or action thereunder (other than action by an elector), the enrolment of any electors is changed to a Subdivision or Division or Assembly District which differs in name from the Subdivision or Division or Assembly District for which they were enrolled prior to the proclamation, and in the opinion of the officers charged with the preparation of the new rolls, a reasonably effective notice, generally applicable to all electors in a Subdivision whose enrolments have been changed can be so given.
3. In any case to which the last preceding sub-regulation does not apply, notice of the change shall be sent by post to each elector concerned, and may be in accordance with Form 10.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Regulation Relating to Joint Electoral Rolls in the State of Victoria was enacted in 1927. This legislation was introduced to address the need for amendments to the existing joint electoral roll arrangements between the Commonwealth and the State of Victoria. The enactment was carried out by the Governor-General in Council, following the Commonwealth Electoral Act 1918-1925. The primary policy objective was to streamline the process of notifying electors of changes to electoral divisions and subdivisions, ensuring that all relevant stakeholders were adequately informed of such changes. The regulation aimed to improve the efficiency and effectiveness of electoral roll management in Victoria by updating the notification procedures for changes to electoral boundaries and subdivisions.
Scope and Application
The Regulation Relating to Joint Electoral Rolls in the State of Victoria applies to the preparation, alteration, and revision of the Commonwealth Electoral Rolls and State Assembly Electoral Rolls within Victoria, pursuant to the Commonwealth Electoral Act and the Electoral Act of the State of Victoria. The regulation is made under the Commonwealth Electoral Act 1918-1925 and is specifically intended to amend the existing Joint Electoral (Commonwealth and Victoria) Regulations, which were originally established to effectuate an arrangement between the Commonwealth and the State of Victoria. This legislative instrument governs the procedures and requirements for notifying electors of changes to electoral boundaries, subdivisions, divisions, or assembly districts that impact their enrolment status. It sets out the methods for providing notice to electors, either through publication in the Commonwealth Gazette and the Victoria Government Gazette or via individual notices sent by post. The regulation is applicable solely within the State of Victoria and is designed to ensure that electors are adequately informed of any changes that affect their enrolment in the electoral process.
Key Provisions
The key operative sections of the Regulation Relating to Joint Electoral Rolls in the State of Victoria pertain to the changes in the electoral roll notices and procedures. Section 1 states that the regulation shall come into effect on February 10, 1927. Section 2 replaces subsection (2) of regulation 16, introducing new procedures for notifying electors of changes in electoral boundaries or subdivisions. According to these provisions, when a subdivision is abolished or when there is a change in the boundaries of a division or assembly district, or when enrolments are altered following a proclamation for the preparation of new rolls, notice must be published in the Commonwealth Gazette and the Victoria Government Gazette, as well as in a newspaper circulating in the affected area. In other cases where the new provisions do not apply, notice of the change must be sent to each elector concerned by post, following Form 10.
The obligations imposed by the regulation primarily concern the authorities responsible for maintaining the electoral rolls. They are required to publish notices of significant changes in the electoral rolls in the Commonwealth Gazette and the Victoria Government Gazette, as well as in a newspaper circulating in the affected area. They must also send individual notices to electors whose enrolments are affected by changes that do not require publication in the Gazettes. These obligations are designed to ensure that electors are properly informed of changes to their electoral divisions or subdivisions, enabling them to update their registration details and maintain their eligibility to vote.
The regulation does not explicitly state any offences or penalties for non-compliance with the new procedures for notifying electors of changes in the electoral rolls. However, the failure to properly notify electors of changes in their electoral divisions or subdivisions could potentially result in legal challenges or disputes over the validity of elections. Additionally, the regulation may be subject to the general provisions of the Commonwealth Electoral Act 1918-1925 and the Electoral Act of the State of Victoria, which could impose penalties for non-compliance with the electoral laws. It is important for the authorities responsible for maintaining the electoral rolls to carefully follow the procedures outlined in the regulation to avoid any potential legal or administrative issues.