Northern Territory Electoral Regulations (Amendment)

Legislation au C1971L00080 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1971 No. 80

 

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1968, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1968 AND THE COMMONWEALTH ELECTORAL ACT 1918-1966.*

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 1922-1968, the Northern Territory (Administration) Act 1910-1968 and the Commonwealth Electoral Act 1918-1966.

Dated this twenty-fourth day of June, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd.) RALPH J. HUNT

Minister of State for the Interior.

 

Amendments of the Northern Territory Electoral Regulations†

1. Regulation 86 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

Electors entitled to vote by post.

“86.—(1.) Subject to these Regulations, an elector whose name is enrolled on the electoral Roll for a District for which a polling place is prescribed and—

(a) who, throughout the hours of polling on polling day—

(i) will not be within the Territory;

(ii) will not be within five miles by the nearest practicable route of any polling booth open in the Territory; or

(iii) will be travelling under conditions that will preclude him from voting at any polling booth in the Territory;

(b) 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 women, will, by reason of approaching maternity, be precluded from attending at a polling booth to vote;

(c) who is, by reason of his membership of a religious order or his religious beliefs—

(i) precluded from attending at a polling booth; or

(ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours; or

(d) whose place of living as appearing on the electoral Roll is not within five miles of any polling place prescribed for the District,

is entitled to vote by post after the date fixed for the receipt of nominations for an election.

 

* Notified in the Commonwealth Gazette on 1 July 1971.

† 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; and 1969, No. 155.

14777/71—Price 8c 10/25.5.1971


“(2.) Subject to these Regulations, an elector—

(a) whose name is enrolled on the electoral Roll for a District for which no polling place is prescribed; or

(b) who is an elector by virtue of regulation 22a of these Regulations,

is entitled to vote by post after the date fixed for the receipt of nominations for an election.”.

Officers to issue postal voting papers to certain electors.

2. Regulation 87 of the Northern Territory Electoral Regulations is amended by inserting in sub-regulation (2.), after the word “applies”, the words “, not being an elector from whom an application has been received under the next succeeding regulation,”.

Postal voting papers issued pursuant to applications.

3. Regulation 88 of the Northern Territory Electoral Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where an elector who is entitled to vote by post under regulation 86 of these Regulations—

(a) is not an elector referred to in sub-regulation (1.) of the last preceding regulation; or

(b) is an elector referred to in sub-regulation (1.) of the last preceding regulation and will, between the date fixed for the receipt of nominations and the polling day, be absent from his place of living as appearing on the roll under conditions that will preclude him from voting otherwise than in pursuance of an application made under this sub-regulation,

the elector may make application for a postal vote certificate and postal ballot-paper.”.

First Schedule.

4. Form 23 in the First Schedule to the Northern Territory Electoral Regulations is amended by omitting paragraph (3.) and inserting in its stead the following paragraph:—

“(3.) That the ground on which I apply to vote by post is—

(a) that I will not throughout the hours of polling on polling day be within the Northern Territory.

(b) that I will not throughout the hours of polling on polling day be within five miles by the nearest practicable route of any polling booth open in the Northern Territory.

(c) that I will throughout the hours of polling on polling day be travelling under conditions that will preclude me from voting at any polling booth in the Northern Territory.

(d) that I am seriously ill or infirm and, by reason of the illness or infirmity, I will be precluded from attending at any polling booth to vote.

(e) that I will, by reason of approaching maternity, be precluded from attending at any polling booth to vote.

(f) that I am, by reason of my membership of a religious order or my religious beliefs, precluded—

(i) from attending at a polling booth; or

(ii) from voting throughout the hours of polling on polling day or throughout the greater part of those hours.

(g) that my place of living as appearing on the electoral Roll is not within five miles of any polling place prescribed for the District for which I am enrolled and I will be absent from my place of living as appearing on the roll under conditions that will preclude me from voting otherwise than in pursuance of this application.”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. 80, made under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1968 and the Commonwealth Electoral Act 1918-1966, address the need to facilitate voting for electors in the Northern Territory who face specific challenges in attending polling booths on polling day. Enacted by the Governor-General in Council, these regulations aim to enhance accessibility and inclusivity in the electoral process by allowing certain eligible voters to cast their ballots by post. This legislative instrument responds to the unique geographical and logistical challenges faced by Northern Territory residents, ensuring that all eligible voters can participate in elections regardless of their circumstances or location. The policy objective of these regulations is to ensure that electors who are unable to attend a polling booth on polling day due to various reasons such as distance, illness, religious obligations, or other impediments, have an alternative means to exercise their right to vote. By allowing these electors to vote by post, the regulations aim to uphold the democratic principle of universal suffrage, making the electoral process more equitable and accessible for all eligible voters in the Northern Territory.

Scope and Application

The Statutory Rules 1971 No. 80 amends the Northern Territory Electoral Regulations under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1968, and the Commonwealth Electoral Act 1918-1966. This legislation applies to electors in the Northern Territory who meet certain criteria that allow them to vote by post during an election. Specifically, it applies to those electors who, due to their location, illness, religious beliefs, or other specified reasons, are unable to attend a polling booth on polling day. The regulation extends to all individuals enrolled on the electoral roll for a district where a polling place is prescribed, and it ensures that such electors can exercise their right to vote by applying for a postal vote certificate and ballot paper. The scope of the regulation is limited to the Northern Territory, and its application may be further extended or restricted through subordinate instruments. The regulation explicitly excludes electors who are not eligible to vote by post under the specified conditions, ensuring that only those who genuinely cannot attend a polling booth are granted the right to vote by post.

Key Provisions

The operative sections of the Statutory Rules 1971 No. 80 amend the Northern Territory Electoral Regulations under the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1968, and the Commonwealth Electoral Act 1918-1966. Specifically, Regulation 86 is repealed and replaced with new provisions allowing certain electors to vote by post under specified conditions (Regulation 86(1)). Additionally, electors in districts without prescribed polling places or those who are enrolled under Regulation 22a can also vote by post (Regulation 86(2)). Regulation 87 is amended to ensure that officers only issue postal voting papers to electors who have made an application (Regulation 87(2)). Regulation 88 is amended to clarify the process for electors to apply for postal voting papers if they meet the conditions set out in Regulation 86 (Regulation 88(1)). The obligations imposed by these regulations on parties and entities primarily relate to the issuance and application process for postal voting. Officers are required to ensure that postal voting papers are issued only to electors who have made a valid application (Regulation 87(2)). Electors who believe they qualify under the new provisions must make an application for a postal vote certificate and ballot paper, detailing the specific reason they are unable to vote in person (Regulation 88(1)). The application must include a statement of the grounds for voting by post, as outlined in the amended Form 23 in the First Schedule (Schedule, Form 23(3)). The Statutory Rules 1971 No. 80 do not explicitly state any offences, penalties, or consequences for breach. However, the regulations are made under the authority of the Northern Territory Representation Act 1922-1968, the Northern Territory (Administration) Act 1910-1968, and the Commonwealth Electoral Act 1918-1966, which collectively provide a framework for electoral law in the Northern Territory. Breaches of these acts could potentially result in civil or criminal penalties, although the specific penalties would be found within those acts rather than in the regulations themselves.

Legal classification tags

Area of Law
Electoral Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.