Northern Territory Electoral Regulations (Amendment)

Legislation au C1962L00049 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1962. No. 49.

 

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1959, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1961 AND THE COMMONWEALTH ELECTORAL ACT 1918-1962.*

I, THE ADMINISTRATOR of the Government of 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 1910-1961 and the Commonwealth Electoral Act 1918-1962.

Dated this twenty eighth day of June, 1962.

DALLAS BROOKS

Administrator.

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.†

Other disqualified persons.

1. Regulation 22 of the Northern Territory Electoral Regulations is amended by omitting sub-regulation (2.).

Compulsory enrolment, transfer and change.

2. Regulation 25 of the Northern Territory Electoral Regulations is amended by adding at the end thereof the following sub-regulation:—

“(5.) This regulation does not apply to a person who is an aboriginal native of Australia except to the extent that such a person may, if he so chooses, comply with sub-regulation (1.) of this regulation.”.

* Notified in the Commonwealth Gazette on 29th June, 1962.

† Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; 1956, No. 74; 1957, Nos. 3 and 66; 1960, No. 1; and 1961, No. 132.

 

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

4133/62.—Price 3d. 9/29.5.1962.

Overview

The Statutory Rules 1962 No. 49, made under the Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1961, and the Commonwealth Electoral Act 1918-1962, were enacted to address administrative and electoral issues specific to the Northern Territory. This legislative instrument, issued by the Administrator of the Government of the Commonwealth of Australia, was designed to amend the Northern Territory Electoral Regulations, aiming to refine the electoral processes and the administration of the Northern Territory. The overarching policy objective of these regulations is to ensure the smooth functioning of electoral processes within the Northern Territory while accommodating specific circumstances, including the exemption of certain aboriginal natives from compulsory enrolment and compliance with electoral regulations. The regulations reflect a deliberate effort to balance administrative efficiency with cultural considerations pertinent to the region.

Scope and Application

The Statutory Rules of 1962, No. 49, made under the Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1961, and the Commonwealth Electoral Act 1918-1962, pertain specifically to amendments of the Northern Territory Electoral Regulations. These regulations apply to individuals and entities involved in electoral processes within the Northern Territory of Australia. The amendments concern the disenfranchisement of certain individuals, compulsory enrolment, and changes to electoral rolls, with specific provisions for Aboriginal natives who may choose to comply with enrolment requirements if they wish. The regulations do not apply to Aboriginal natives to the extent that they may opt out of the compulsory enrolment process. These statutory rules extend to the entire Northern Territory and are designed to regulate electoral conduct and administration within this jurisdiction.

Key Provisions

The Regulations, made under the Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1961, and the Commonwealth Electoral Act 1918-1962, introduce specific changes to the Northern Territory Electoral Regulations. Notably, Regulation 22, which previously outlined certain disqualified persons, is amended by omitting sub-regulation (2). This means that the specific criteria that previously disqualified certain individuals from participating in elections in the Northern Territory are no longer applicable. Additionally, Regulation 25, concerning compulsory enrolment, transfer, and change, is amended by adding a new sub-regulation (5). This new sub-regulation specifies that compulsory enrolment does not apply to Aboriginal natives of Australia, although it leaves open the possibility for them to voluntarily comply with the enrolment requirements if they choose to do so. The obligations imposed by these Regulations on the relevant parties and entities are primarily focused on the amendment of the electoral regulations. The Regulations clarify the criteria for disqualification of certain individuals from participating in elections, with a notable exclusion for Aboriginal natives of Australia from compulsory enrolment provisions. This amendment ensures that the electoral process is conducted with consideration for the specific circumstances and rights of Aboriginal natives, while still allowing for their voluntary participation if they so wish. Breach of these Regulations, if applicable, could potentially lead to civil or criminal consequences depending on the context and the specific provisions being breached. However, the Regulations themselves do not explicitly outline penalties for non-compliance. It would be necessary to refer to the broader legislative framework under which these Regulations are made, such as the Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1961, and the Commonwealth Electoral Act 1918-1962, to determine the potential penalties for any breaches. These Acts may provide for various civil or criminal sanctions, including fines or imprisonment, although the exact penalties would depend on the specific nature and severity of the breach.

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