Northern Territory Electoral Regulations 1947 (Amendment)

Legislation au C1957L00003 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1957. No. 3.

 

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1949, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1956 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 1922-1949, the Northern Territory (Administration) Act 1910-1956 and the Commonwealth Electoral Act 1918-1953.

Dated this 22nd day of February, 1957.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the Northern Territory Electoral Regulations.†

Application of Electoral Act.

1. Regulation 133 of the Northern Territory Electoral Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Part XVIII. of the Commonwealth Electoral Act, in its application in relation to the Legislative Council for the Territory, is further modified in the manner indicated in the Third Schedule to these Regulations.”.

Second Schedule.

2. The Second Schedule to the Northern Territory Electoral Regulations is amended by inserting in the table, after the item relating to section 176, the following items:—

“189a. For ‘section eighty-eight, section ninety-one a, section one hundred and twenty-one or section one hundred and twenty-one a ‘in sub-section (1.) substitute ‘regulation 78, 79, 87, 88 or 91 of the Northern Territory Electoral Regulations’ For ‘section ninety-one a, section one hundred and twenty-one or section one hundred and twenty-one a’ in sub-sections (1.) and (2.) substitute ‘regulation 78, 79 or 91 of the Northern Territory Electoral Regulations.

194a. Add the following sub-section:—

“(2.) In this section ‘this Act’ includes the provisions of the Northern Territory Electoral Regulations modifying and adapting this Act”.

 

* Notified in the Commonwealth Gazette on , 1957.

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

544/57.—Price 3d. 10/30.1.1957.


Third Schedule.

3. After the Second Schedule to the Northern Territory Electoral Regulations the following Schedule is added:—

The Third Schedule.

Regulation 133 (3.)

MODIFICATIONS OF PART XVIII. OF THE COMMONWEALTH ELECTORAL ACT 1918-1953 IN ITS APPLICATION IN RELATION TO THE LEGISLATIVE COUNCIL FOR THE TERRITORY.

1. A reference to the High Court shall be read as a reference to the Supreme Court of the Territory, and a reference to the Principal Registrar or the Principal Registry of the High Court shall be read as a reference to the Registrar or the Registry of that Supreme Court, as the case may be.

2. A reference to the House of Representatives shall be read as a reference to the Legislative Council for the Territory, and a reference to the Speaker or the Clerk of the House of Representatives shall be read as a reference to the President or the Clerk of the Legislative Council for the Territory, as the case may be.

3. References to the Senate or to Senators shall be deemed to be omitted.

4. References to absent voting shall be deemed to be omitted.

5. The following section shall be deemed to be substituted for section 202:—

“202. Rules of Court of the Supreme Court of the Territory made under an Ordinance of the Territory may regulate the practice or procedure of that Court as the Court of Disputed Returns”.

6. The following sub-sections shall be deemed to be added at the end of section 203:—

“(2.) Any question respecting the qualification of an elected member of the Legislative Council for the Territory or respecting a vacancy in the office of such a member shall, subject to this section, be determined by the Council.

“(3.) The Council may refer a question referred to in the last preceding sub-section to the Court of Disputed Returns, and the Court shall thereupon have jurisdiction to hear and determine the question.

“(4.) The member with respect to whom the question arises is not entitled to vote on a proposed resolution of the Legislative Council in pursuance of either of the last two preceding sub-sections”.

7. The following paragraphs shall be deemed to be substituted for paragraphs (a), (b), and (c) of section 206:—

“(a) to declare that a person who has been elected as a member of the Legislative Council for the Territory was not qualified to be a candidate for election and that there is accordingly a vacancy in the membership of that Council; and

(b) to declare that an elected member of that Council has vacated his office.”.

 

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

Overview

Statutory Rules 1957 No. 3, made under the Northern Territory Representation Act 1922-1949, the Northern Territory (Administration) Act 1910-1956, and the Commonwealth Electoral Act 1918-1953, addresses the need to adapt certain electoral processes and regulations to suit the unique governance structure of the Northern Territory. Enacted by the Governor-General in accordance with advice from the Federal Executive Council, these regulations aim to streamline the application of federal electoral laws to the Northern Territory's Legislative Council. This legislative instrument responds to the distinct administrative requirements of the Northern Territory by modifying references and provisions in the Commonwealth Electoral Act to align with the local legislative and judicial framework. The overarching policy objective is to ensure that the electoral processes in the Northern Territory are conducted in a manner consistent with federal standards while accommodating the specific circumstances of the Territory's governance.

Scope and Application

The Statutory Rules 1957, No. 3, made under the Northern Territory Representation Act 1922-1949, the Northern Territory (Administration) Act 1910-1956, and the Commonwealth Electoral Act 1918-1953, pertain specifically to the electoral regulations of the Northern Territory. These regulations modify the Commonwealth Electoral Act in its application to the Legislative Council for the Territory, impacting how electoral matters are managed within this jurisdiction. The primary focus is on aligning certain provisions of the Commonwealth Electoral Act with the administrative and procedural requirements of the Northern Territory, including the substitution of references to the High Court and the House of Representatives with equivalent Northern Territory authorities and bodies. Notably, the scope of these regulations is limited to the Northern Territory, and they do not extend beyond its jurisdictional boundaries. The regulations also provide specific modifications to the Court of Disputed Returns, the qualifications of elected members, and the resolution of vacancies within the Legislative Council, ensuring that these matters are handled according to the unique legislative framework of the Northern Territory.

Key Provisions

The Regulations made under the Northern Territory Representation Act 1922-1949, the Northern Territory (Administration) Act 1910-1956 and the Commonwealth Electoral Act 1918-1953 primarily concern modifications to the Northern Territory Electoral Regulations and the application of the Commonwealth Electoral Act in relation to the Legislative Council for the Territory. Regulation 133(3) of the Northern Territory Electoral Regulations has been amended to incorporate these changes (paragraph 1). The Second Schedule to the Regulations has been updated to include new items relating to specific sections of the Commonwealth Electoral Act and the Northern Territory Electoral Regulations, with modifications to the definitions and references within these sections (paragraph 2). Additionally, a new Third Schedule outlines specific modifications to Part XVIII of the Commonwealth Electoral Act, such as substituting references to the Supreme Court of the Territory for the High Court and the Legislative Council for the Territory for the House of Representatives, among other changes (paragraph 3). These Regulations impose certain obligations on the Legislative Council for the Territory, including the responsibility for determining questions of qualification of its members and handling vacancies within the Council (Regulation 203(2)). They also outline the process for referring such matters to the Court of Disputed Returns and specify the jurisdiction and limitations of the Court in these instances (Regulations 203(3)-(4)). Furthermore, the Regulations mandate that the Legislative Council has the authority to declare a vacancy in the membership of the Council if an elected member is found not to have been qualified as a candidate (Regulation 206(a)-(b)). For any breach of these Regulations or the provisions of the Commonwealth Electoral Act as modified by these Regulations, there may be legal consequences. While the specific penalties are not detailed in the text provided, breaches of electoral laws can typically result in civil or criminal penalties, which may include fines, imprisonment, or other sanctions as prescribed by law. The exact nature and severity of these penalties would depend on the specific breach and the relevant provisions of the Commonwealth Electoral Act and other applicable laws.

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