NORTHERN TERRITORY REPRESENTATION ACT 1922
NORTHERN TERRITORY ELECTORAL REGULATIONS (AMENDMENT)
EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 155
Issued by the Authority of the Special Minister of State
The Northern Territory Electoral Regulations make provision for the Commonwealth electoral administration in the Northern Territory for the election of a Member of the House of Representatives.
Regulations 47 and 48 prescribe the form of certain notices which must be sent to electors the presence of whose names on an electoral roll has been objected to in accordance with the provisions of Part VIII of the Commonwealth Electoral Act. Regulation 47 prescribes that a notice sent pursuant to an objection on the grounds of an elector’s non-residence in a District may be in accordance with Form 14 of the Schedule, while regulation 48 prescribes that a notice sent pursuant to an objection on grounds other than non-residence in a District may be in accordance with Form 15 of the Schedule.
Forms 14 and 15 have undergone only minor amendments since they were originally promulgated. In recent years, there have been numerous complaints concerning difficulties experienced by electors in understanding the forms.
The purpose of the amendments is to repeal regulation 48, amend regulation 47 so that it will prescribe the notice to be sent to electors pursuant to objections on any grounds, and replace Forms 14 and 15 with a new Form 14. The new Form 14 is expressed in simpler and less legalistic language than those it replaces and contains alternative paragraphs to be included or deleted as necessary, according to the grounds of objection in each case.
Regulation 99 prescribes that the notice to be sent to an elector who appears to have failed to vote and the form for the reply of the elector, may be in accordance with Forms 28 and 29 of the Schedule respectively.
Both forms have been the subject of numerous complaints concerning difficulties experienced by electors in understanding them.
The purpose of the amendments is to delete Forms 28 and 29 from the Schedule and substitute new forms, expressed in simpler and less legalistic language.
Because despatch of objection notices is a continuing process and because non-voter follow up action resulting from the March 5 election is not yet complete it is proposed that a period of six months be prescribed in which both new and old forms have effect.
Sub-section 217(4) of the Commonwealth Electoral Act 1918 provides that regulations may permit use of any repealed form for any prescribed period notwithstanding that a new form has been prescribed. However application of section 217 is precluded by regulation 133(1) of the Northern Territory Electoral Regulations. The new regulations amend regulation 133(1) to specifically allow application of sub-section 217(4) of the Commonwealth Electoral Act 1918 and prescribe a six month period in which both new and old forms have effect.