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.
Overview
The Northern Territory Electoral Regulations (Amendment) Statutory Rules 1983 No. 155 were enacted to address issues with the clarity and comprehensibility of certain forms used in the electoral process in the Northern Territory. These regulations were issued by the Authority of the Special Minister of State and are intended to improve communication with electors by simplifying the language and structure of the forms used for objections and follow-up actions. The policy objective is to ensure that electors can more easily understand and respond to notices regarding objections to their enrolment or reminders about non-voting, thereby enhancing the overall efficiency and fairness of the electoral process. The amendments aim to make these forms more accessible and less legalistic, facilitating better engagement and participation from the electorate.
Scope and Application
The Northern Territory Electoral Regulations (Amendment) Statutory Rules 1983 No. 155, which amend the Northern Territory Electoral Regulations, pertain to the administration of Commonwealth elections in the Northern Territory for the House of Representatives. These regulations specifically address the forms of notices that must be sent to electors whose presence on an electoral roll has been objected to and the notices sent to electors who appear to have failed to vote. The amendments aim to simplify the language of the notices and forms to enhance understandability for electors, addressing the widespread complaints regarding the complexity and legalistic nature of the existing forms. The changes involve repealing and amending certain regulations to replace the existing forms with new, more straightforward versions and allowing the use of both new and old forms for a transitional period of six months to accommodate ongoing electoral processes. The scope of the Act applies to electoral officials and electors within the Northern Territory, ensuring that electoral processes are administered in a manner that is accessible and comprehensible to all participants.
Key Provisions
The main operative sections of the Northern Territory Electoral Regulations (Amendment) concern the forms of notices to be sent to electors when objections are raised against their inclusion on the electoral roll, or when they have failed to vote. Regulation 47, now amended, prescribes the form of a notice to be sent to electors whose presence on an electoral roll has been objected to on the grounds of non-residence. Regulation 48, which is repealed, previously prescribed a different form of notice for objections on other grounds. The amendments combine these notices into a single, simplified Form 14, with alternative paragraphs for different grounds of objection. Regulation 99, also amended, prescribes the form of a notice to be sent to an elector who appears to have failed to vote, and the form for the elector’s reply. The amendments replace the original Forms 28 and 29 with new, simpler forms.
The amended regulations impose obligations on the relevant authorities to send out notices to electors in the prescribed forms. When an objection is raised against an elector’s inclusion on the electoral roll, or when an elector appears to have failed to vote, the appropriate notice must be sent out in the form specified by the new regulations. The regulations also impose a duty on the authorities to ensure that the new forms are used after a transition period of six months, during which both the old and new forms can be used.
The regulations do not explicitly state any offences or penalties for non-compliance with the requirements to send out notices in the prescribed form. However, it can be inferred that failure to comply with the regulations could result in legal challenges or complaints from electors, and could potentially impact the validity of elections or electoral processes.
The amendments provide a six-month transition period during which both the old and new forms can be used. This is to allow time for the relevant authorities to become familiar with the new forms, and to ensure that any objections or follow-up actions arising from the March 5 election can be completed using the old forms. After this transition period, only the new forms can be used. The regulations also amend regulation 133(1) to allow the use of repealed forms for a prescribed period, in accordance with sub-section 217(4) of the Commonwealth Electoral Act 1918.