Northern Territory Electoral Regulations 1947 (Amendment)

Legislation au C1960L00001 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1960. No. 1.

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1959, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1959 AND THE COMMONWEALTH ELECTORAL ACT 1918-1953.*

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 Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1959 and the Commonwealth Electoral Act 1918-1953.

Dated this 8th day of January, 1960.

W. J. SLIM

Governor-General.

By His Excellency's Command,

Minister of State for Territories and for and on behalf of the Minister of State for the Interior.

AMENDMENTS OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.†

Definitions.

1. Regulation 4 of the Northern Territory Electoral Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition of "District" and inserting in its stead the following definition:—

“'District' means an Electoral District of the Northern Territory the boundaries of which are prescribed by the Northern Territory Electoral Districts Regulations;”; and

(b) by omitting from the definition of "Election" in that sub-regulation the words "(or members)".

Change of electors from one roll to another.

2. Regulation 12 of the Northern Territory Electoral Regulations is amended—

(a) by omitting sub-regulation (1.); and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

"(3.) The transfer of the names of electors from one Roll to another under this regulation shall be notified in the Government Gazette of the Northern Territory and in a newspaper circulating in the localities concerned.

* Notified in the Commonwealth Gazette on 1960.

† Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; 1956, No. 74; and 1957, Nos. 3 and 66.

10102/59.—Price 20/4.12.1959.


"(4.) If the Chief Electoral Officer considers that a notification under the last preceding sub-regulation is not effective as a notice to any particular elector whose enrolment has been so transferred, the Electoral Registrar for the District to which the elector's name has been transferred shall send notice of the transfer by post to the elector.".

Application of Electoral Act.

3. Regulation 53 of the Northern Territory Electoral Regulations is amended by omitting the words "(or members)".

Nomination of candidates.

4. Regulation 55 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (4.) the words "(or members)" and all the words after the words "'Twenty-five pounds'".

Elections at which electors are entitled to vote.

5. Regulation 69 of the Northern Territory Electoral Regulations is amended by omitting the words "(or members)".

Electors entitled to vote by post.

6. Regulation 86 of the Northern Territory Electoral Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

"(b) an elector whose name is enrolled on the electoral Roll for a District for which a polling place is prescribed—

(i)                 whose place of living as appearing on the electoral Roll is not within five miles of a polling place so prescribed;

(ii)                  who, throughout the hours of polling on polling day, will not be within the District or, if he will be within the District, will not be within five miles by the nearest practicable route of any polling booth open in the District; or

(iii)               who is seriously ill or infirm and by reason of the illness or infirmity will be precluded from attending at a polling booth to vote, or in the case of a woman, will, by reason of approaching maternity, be precluded from attending at a polling booth to vote,".

Officers to issue postal voting papers to electors enrolled for Districts for which no polling place is prescribed.

7. Regulation 87 of the Northern Territory Electoral Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

"(1.) An elector of the Territory who is enrolled on the electoral Roll for a District—

(a) for which no polling place has been prescribed; or

(b) for which a polling place has been prescribed but whose place of living as appearing on the electoral Roll is not within five miles of a polling place prescribed for the District,

is not required to make an application for a postal vote certificate and postal ballot-paper."; and


(b) by omitting from sub-regulation (2.) the words "whose name appears on the Roll for a District for which no polling place has been prescribed" and inserting in their stead the words "to whom the last preceding sub-regulation applies".

Postal voting papers issued pursuant to applications.

8. Regulation 88 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1.) the words "paragraph (b) of regulation 86 of these Regulations" and inserting in their stead the words "regulation 86 of these Regulations, not being an elector who is not required to make an application under the last preceding regulation".

Sub-heading before regulation 120.

9. The sub-heading appearing before regulation 120 of the Northern Territory Electoral Regulations is amended by omitting the words "(or members)".

Scrutiny of votes in Legislative Council elections.

10. Regulation 120 of the Northern Territory Electoral Regulations is amended—

(a) by omitting from sub-regulation (1.) the words "Where, in any District, one member of the Council is to be elected, the result of the election" and inserting in their stead the words "The result of an election of a member of the Legislative Council";

(b) by omitting sub-regulation (2.); and

(c) by omitting from sub-regulation (3.) the words "or in paragraph (g) of the provisions set out in the last preceding sub-regulation,".

Application of Electoral Act.

11. Regulation 133 of the Northern Territory Electoral Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

"(1.) Parts II., III., IV., V., VI., VII. and X., sections 71, 72, 72A, 72B, 77, 78, 85, 88, 89, 90, 91, 91A, 91B, 92 and 96, Part XIII. (other than section 128A), Part XV. (other than sections 143 and 144), sections 217, 218, 218A and 219 and the Schedule of the Commonwealth Electoral Act do not apply to an election.".

First Schedule.

12. The First Schedule to the Northern Territory Electoral Regulations is amended—

(a) by omitting from Form 18 the words "(or Members)";

(b) by omitting from Form 20 the words "[or TWO MEMBERS, as the case requires]";

(c) by omitting from Form 23 the words "Batchelor or Stuart, who will not be absent from the District for which he is enrolled between the nominations and polling day" and inserting in their stead the words "Elsey or Stuart who will not be absent from the District for which he is enrolled between the nominations and the polling day, or an elector enrolled for any other District who will not be so absent from the District but whose place of living as appearing on the electoral Roll is not within five miles of the nearest polling place prescribed for that District";


(d) by omitting from Form 23 the words "(or Members)";

(e) by omitting from Form 26 the words "(or TWO MEMBERS, as the case requires)"; and

(f) by omitting from Form 36 the words "two Members of the Legislative Council for the Electoral District of Darwin, and one Member of the Legislative Council for each of the Electoral Districts of Batchelor, Tennant Creek, Alice Springs" and inserting in their stead the words "one Member of the Legislative Council for each of the Electoral Districts of Alice Springs, Arnhem, Barkly, Elsey, Fannie Bay, Larrakeyah, Port Darwin".

Second Schedule.

13. The Second Schedule to the Northern Territory Electoral Regulations is amended by omitting the item relating to section 94 in the table and inserting in its stead the following items:—

"93A

For 'section ninety-two of this Act 'substitute' regulation 97 of the Northern Territory Electoral Regulations'.

"93B

For 'sub-section (1.) of section ninety-two of this Act' substitute 'regulation 97 of the Northern Territory Electoral Regulations'.

"94

For 'a Divisional' substitute 'the'.

"95

For 'section ninety-two' substitute 'regulation 97 of the Northern Territory Electoral Regulations’.”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1960, No. 1, made under the Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1959, and the Commonwealth Electoral Act 1918-1953, were enacted to refine the Northern Territory Electoral Regulations. These regulations address the administrative and procedural aspects of elections within the Northern Territory, ensuring that they align with the overarching electoral laws of the Commonwealth. The changes introduced by these regulations aim to enhance the clarity and efficiency of electoral processes, particularly in relation to the transfer of elector names between rolls, postal voting provisions, and the application of the Commonwealth Electoral Act to Northern Territory elections. This legislative instrument was made by the Governor-General, acting on the advice of the Federal Executive Council, to bring about these necessary amendments.

Scope and Application

The Statutory Rules 1960 No. 1 amends the Northern Territory Electoral Regulations under the authority of the Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1959, and the Commonwealth Electoral Act 1918-1953. These regulations apply specifically to the conduct of elections in the Northern Territory, governing the processes for the transfer of electors between electoral rolls, the application of the Commonwealth Electoral Act, the nomination of candidates, and the administration of postal voting. The amendments clarify definitions, streamline the notification process for elector transfers, and modify the criteria for postal voting eligibility, ensuring that electors in remote areas or those unable to attend polling booths due to serious illness, infirmity, or maternity can still participate in elections. The regulations also update the forms and references to reflect the current electoral districts and members, ensuring consistency with the electoral framework of the Northern Territory. The changes are designed to enhance the efficiency and accessibility of the electoral process for all eligible voters within the Territory.

Key Provisions

The main operative sections of the Statutory Rules 1960, No. 1, detail several amendments to the Northern Territory Electoral Regulations. Firstly, Regulation 4 has been amended to redefine "District" and to adjust the definition of "Election" by removing certain words (Reg. 1). Secondly, Regulation 12 has been modified to streamline the process of transferring electors from one electoral roll to another, including new notification requirements (Reg. 2). Regulation 53 has been amended to omit specific terms (Reg. 3). Regulation 55 has been altered to remove certain phrases related to the nomination of candidates (Reg. 4). Regulation 69 and Regulation 86 have been updated to refine the criteria for voting eligibility and postal voting, respectively (Regs. 5 and 6). Regulation 87 has been revised to clarify the circumstances under which electors do not need to apply for postal voting (Reg. 7). Regulation 88 has been modified to adjust the scope of postal voting applications (Reg. 8). The sub-heading before Regulation 120 has been altered (Reg. 9). Regulation 120 has been updated to adjust the scrutiny process for Legislative Council elections (Reg. 10). Regulation 133 has been amended to specify which parts and sections of the Commonwealth Electoral Act do not apply to an election (Reg. 11). The First Schedule has been modified to update various forms by removing certain terms (Reg. 12). The Second Schedule has been revised to update references to specific sections (Reg. 13). The obligations and requirements imposed by these Regulations on the relevant parties primarily focus on the administration and conduct of elections within the Northern Territory. For instance, the transfer of electors from one electoral roll to another must be notified in the Government Gazette and a relevant newspaper, and the Electoral Registrar must ensure that electors receive individual notice if the official notification is deemed ineffective (Reg. 2). Electors who meet certain criteria, such as living far from a polling place or being unable to attend due to illness or infirmity, are eligible to vote by post (Regs. 6 and 7). The Electoral Registrar is required to issue postal voting papers to eligible electors without the need for an application (Reg. 7). The scrutiny of votes in Legislative Council elections must be conducted in accordance with the amended Regulation 120 (Reg. 10). Additionally, certain parts and sections of the Commonwealth Electoral Act are specified not to apply to an election (Reg. 11). The Statutory Rules 1960, No. 1, do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of these Regulations. However, the importance of adhering to the notification and application requirements underscores the potential for non-compliance to affect the fairness and integrity of the electoral process. Failure to properly notify electors or issue postal voting papers could lead to disenfranchisement or procedural errors in the election process, which could have legal and administrative repercussions. The precise consequences of such breaches would likely be determined by the applicable electoral laws and the specific context in which the breach occurs.

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