Northern Territory Electoral Regulations (Amendment)

Legislation au C1974L00165 Regulations Not in force Legislative Instrument

Select Document

Statutory Rules

1974 No. 165

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1968.

THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1974 AND THE COMMONWEALTH ELECTORAL ACT 1918-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1974 and the Commonwealth Electoral Act 1918-1973.

Dated this eighteenth day of September, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

REX PATTERSON

Minister of State for the Northern Territory and for and on behalf of the Minister of State of Services and Property.

_______

Amendments of the Northern Territory Electoral Regulations†

Interpretation.

1. Regulation 4 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1) the definition of “the Chief Electoral Officer”.

Postal voting papers issued pursuant to applications.

2. Regulation 88 of the Northern Territory Electoral Regulations is amended by omitting from paragraph (b) of sub-regulation (1a) the words “to the Returning Officer for that Territory” and substituting the words “to a Returning Officer for an Electoral Division of that Territory”.

Authorised witnesses.

3. Regulation 96 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1) the words “the Australian Capital Territory” and substituting the words “an Electoral Division of the Australian Capital Territory”.

Notice to elector on list and reply by elector.

4. Regulation 99 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (4) the words “the Australian Capital Territory” and substituting the words “an Electoral Division of the Australian Capital Territory”.

* Notified in the Australian Government Gazette on 18 September 1974.

† Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; 1956, No. 74; 1957, Nos. 3 and 66; 1960, No. 1; 1961, No. 132; 1962, Nos. 49 and 100; 1965, Nos. 15 and 132; 1966, Nos. 29 and 146; 1967, No. 17; 1969, No. 155; 1971, No. 80; and 1973, No. 64.

Informal ballot-papers—House of Representatives election.

5. Regulation 111 of the Northern Territory Electoral Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) This regulation applies only to ballot-papers for an election of a member of the House of Representatives for the Territory.”.

6. The Northern Territory Electoral Regulations are amended by inserting after regulation 111 the following regulation:—

Informal ballot-papers—Legislative Assembly election.

“111a. (1) This regulation applies to ballot-papers for an election of a member of the Legislative Assembly for the Territory.

“(2) A ballot-paper shall be informal if it fails to indicate a first preference for 1 candidate or indicates a first preference for more than 1 candidate.

“(3) A ballot-paper shall be informal in the circumstances described in paragraph (a), (c) or (d) of sub-regulation (1) of regulation 111.

“(4) Where a voter has indicated—

(a) his first preference for 1 candidate and has not indicated any further preferences; or

(b) his first preference for 1 candidate and a consecutive order of preferences for some, but not all, of the candidates,

the ballot-paper shall not be informal but shall, subject to sub-regulation (2) of regulation 120, be given effect to accord to the voter's intention so far as that intention is clear and can be given effect to.”.

Informal absent voters’ ballot-papers—House of Representatives election.

7. Regulation 118d of the Northern Territory Electoral Regulations is amended by adding at the end thereof the following sub-regulation:—

“(7) This regulation applies only to absent voters’ ballot-papers for an election of a member of the House of Representatives for the Territory.”.

8. The Northern Territory Electoral Regulations are amended by inserting after regulation 118d the following regulation:—

Informal absent voters’ ballot-papers—Legislative Assembly election.

“118da. (1) This regulation applies to absent voters’ ballot-papers for an election of a member of the Legislative Assembly for the Territory.

“(2) An absent voter’s ballot-paper shall be informal if it fails to indicate a first preference for 1 candidate or indicates a first preference for more than 1 candidate.

“(3) An absent voter’s ballot-paper shall be informal in the circumstances described in paragraph (a), (b) or (d) of sub-regulation (1) of regulation 118d.

“(4) Where an absent voter has indicated—

(a) his first preference for 1 candidate and has not indicated any further preferences; or

(b) his first preference for 1 candidate and a consecutive order of preferences for some, but not all, of the candidates,

the ballot-paper shall not be informal but shall, subject to sub-regulation (2) of regulation 120, be given effect to accord to the voter’s intention so far as that intention is clear and can be given effect to.”.

Scrutiny of votes in Legislative Assembly elections.

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

(a) by inserting in paragraph (d) of sub-regulation (1), after the word “him”, the words “which shows a second or consecutive preference for a candidate after the voter's first preference for a candidate”;

(b) by omitting from paragraph (e) of sub-regulation (1) all words after the word “ballot-papers” and substituting the words “which show a further preference for a candidate after the excluded candidate to the unexcluded candidate next in order of the voter’s preference shall be repeated until 1 candidate has received an absolute majority of votes or until all the preferences have been distributed in accordance with paragraph (d) of this sub-regulation and this paragraph”;

“(f) the candidate shall be elected who has received an absolute majority of votes or, if no candidate has an absolute majority of votes after all the preferences have been distributed in accordance with paragraphs (d) and (e) of this sub-regulation, who has received the greatest number of votes.”;

(d) by inserting after sub-regulation (1) the following sub-regulation:—

“(2) Where, on any count being conducted in accordance with paragraph (c) or (e) of sub-regulation (1), a ballot-paper referred to in sub-regulation (4) of regulation 111a or sub-regulation (4) of regulation 118da shows no preference capable of being counted, in that count, to an unexcluded candidate in accordance with these Regulations, that ballot-paper—

(a) shall be deemed to have been exhausted;

(b) shall be excluded from that count and any subsequent count; and

(c) shall not be taken into account in the calculation of an absolute majority of votes in relation to that count and any subsequent count.”; and

(e) by adding at the end thereof the following sub-regulation:—

“(4) In this regulation, ‘an absolute majority of votes’, in relation to any count, means a greater number than 50 per centum of the whole number of ballot-papers (other than informal ballot-papers and ballot-papers excluded from that count under sub-regulation (2)) and, in addition, where necessary the casting vote of the Returning Officer given under paragraph (g) of sub-regulation (1) shall be included in reckoning an absolute majority of votes.”.

Further provisions relating to scrutiny.

10. Regulation 121 of the Northern Territory Electoral Regulations is amended by inserting in sub-regulation (1), after the word “Regulations”, the words “, unless the contrary intention appears,”.

Schedule.

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

(a) by omitting Form 20 and substituting the following form:—

“FORM 20 Regulation 62

Ballot-paper

Australia

NORTHERN TERRITORY

Electoral District of

ELECTION OF 1 MEMBER OF THE LEGISLATIVE ASSEMBLY FOR THE NORTHERN TERRITORY

Directions:—Mark your vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate of your first preference and, if you so desire, by placing the numbers 2, 3, 4 (and so on, if you so desire) in the squares opposite the names of some or all of the other candidates so as to show the order of your preference for them. You may indicate your preference for 1 only of the candidates, your preferences for some of the candidates or your preferences for all of the candidates, as you so desire.

CANDIDATES

........................................

(b) by omitting Form 26 and substituting the following form:—

“FORM 26 Regulation 93 (1)

The elector must not mark his vote hereon until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

Postal ballot-paper

Australia

NORTHERN TERRITORY

Electoral District of

ELECTION OF 1 MEMBER OF THE LEGISLATIVE ASSEMBLY FOR THE NORTHERN TERRITORY

CANDIDATES

........................................

NOTE: Unless the elector’s vote is marked on the ballot-paper on or before polling day, namely the [here insert date of polling day] and is received by the Returning Officer or Assistant Returning Officer, as the case requires, within 28 days after that day, it will not be admitted to the scrutiny.”; and

“FORM 26c Regulation 97c

ABSENT VOTE

Ballot-paper

Australia

NORTHERN TERRITORY

Electoral District of

ELECTION OF 1 MEMBER OF THE LEGISLATIVE ASSEMBLY FOR THE NORTHERN TERRITORY

CANDIDATES

........................................

........................................”.

Additional amendments.

12. The Northern Territory Electoral Regulations are amended as set out in the Schedule.

______

SCHEDULE Regulation 11

ADDITIONAL AMENDMENTS

The following provisions of the Northern Territory Electoral Regulations are amended by omitting the words “Chief Electoral Officer” (wherever occurring) and substituting the words “Chief Australian Electoral Officer”:—

Regulation 5, sub-regulations 6 (1) and (3), 8 (1), 12 (3), 29 (1) and (2), 34 (2), 54 (3) and (4), 87 (2), 88 (3), 97e (3), 101 (1) and (3), regulation 103, paragraph 118h (b), regulation 118j, sub-regulation 123 (1), regulation 122, sub-regulation 126 (2), regulation 130 and paragraphs 131 (2) (b) and 133 (2a) (b).

Overview

Statutory Rules 1974 No. 165, enacted under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1974, and the Commonwealth Electoral Act 1918-1973, address the need for updating the Northern Territory Electoral Regulations to align with the evolving electoral landscape, particularly with the transition of electoral administration responsibilities to the Commonwealth. This legislative instrument was introduced by the Governor-General of Australia, acting on the advice of the Executive Council, and signed by the Minister of State for the Northern Territory and for and on behalf of the Minister of State of Services and Property. The policy objective of these regulations is to ensure a smooth and legally compliant electoral process in the Northern Territory, in line with the broader Australian electoral framework. These regulations aim to streamline and modernise the electoral process by clarifying definitions, adjusting the roles and responsibilities of electoral officials, and updating the criteria for ballot paper validity and scrutinising votes, thus ensuring that the electoral procedures in the Northern Territory are transparent, efficient, and in line with federal standards.

Scope and Application

The Regulations under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1974 and the Commonwealth Electoral Act 1918-1973, apply specifically to the Northern Territory, affecting the conduct of elections for the House of Representatives and the Legislative Assembly within the territory. These regulations govern various aspects of the electoral process including the issuance of postal voting papers, the role of authorised witnesses, the scrutiny of votes, and the handling of informal and absent voters' ballot papers. The amendments primarily focus on clarifying the definitions and roles within the electoral process, ensuring that terms such as "Returning Officer" and "Electoral Division" are correctly applied, and updating references to the "Chief Electoral Officer" to the "Chief Australian Electoral Officer". These Regulations provide a framework for the administration of elections within the Northern Territory, ensuring that electoral processes are conducted in a manner consistent with federal laws and regulations.

Key Provisions

The Regulations under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1974 and the Commonwealth Electoral Act 1918-1973 introduce several key amendments to the Northern Territory Electoral Regulations. Firstly, Regulation 4 is amended to remove the definition of "the Chief Electoral Officer" (Reg. 1). Secondly, Regulation 88 is altered to change the destination of postal voting papers from "the Returning Officer for that Territory" to "a Returning Officer for an Electoral Division of that Territory" (Reg. 2). Thirdly, Regulation 96 is amended to replace references to "the Australian Capital Territory" with "an Electoral Division of the Australian Capital Territory" (Reg. 3). Regulation 99 is similarly adjusted to reflect the same change (Reg. 4). Furthermore, new sub-regulations are added to clarify the treatment of informal ballot-papers in both House of Representatives and Legislative Assembly elections (Regs. 5 and 6). Additionally, sub-regulations are inserted to define the conditions under which absent voters’ ballot-papers will be considered informal (Regs. 7 and 8). Scrutiny of votes in Legislative Assembly elections is also revised to provide a clearer process for counting votes and determining the election outcome (Reg. 9). Lastly, Regulation 121 is amended to ensure that the contrary intention does not appear unless explicitly stated (Reg. 10). These Regulations impose specific obligations on various parties involved in the electoral process within the Northern Territory. Returning Officers, Authorized Witnesses, and electors all have defined roles and responsibilities. Returning Officers must ensure that ballot-papers are distributed correctly and that votes are counted according to the stipulated rules. Authorized Witnesses must verify that electors mark their votes correctly before they are cast. Electors are required to follow the instructions on the ballot-papers to ensure their votes are valid and can be counted. Additionally, the Chief Australian Electoral Officer, who replaces the Chief Electoral Officer, has oversight responsibilities for the administration of elections in the Territory. Breaches of these Regulations can lead to significant consequences. Offences under these Regulations may result in civil or criminal penalties. For example, the misuse of postal voting papers or the improper handling of ballot-papers by Returning Officers could lead to disciplinary action or legal proceedings. While the specific penalties are not detailed within the Regulations, it is likely that they would align with those prescribed under the overarching Acts, which may include fines or imprisonment for serious breaches. The precise penalties would need to be examined in the context of the parent Acts and any relevant case law.

Area of Law: Elections Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Compliance Obligations; Reporting & Disclosure Obligations

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions