STATUTORY RULES.
1922. No. 167.
REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922 AND THE COMMONWEALTH ELECTORAL ACT 1918-1922.
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 and the Commonwealth Electoral Act 1918-1922, to come into operation forthwith.
Dated this second day of November, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
for Minister of State for Home and Territories.
Amendment of Northern Territory Electoral Regulations.
(Statutory Rules 1922, No 154.)
1. Regulation 55 of the Northern Territory Electoral Regulations is amended by adding at the end of paragraph (b) of sub-regulation (1), the words “or, in the case of the first election held under these Regulations, by not less than six persons whose names are set out in a list, prepared by the Returning Officer pursuant to the Proclamation of the 11th day of October, 1922, for the preparation of the first Roll for the Territory, setting out the names of persons who, to the best of the Returning Officer’s means of information, are qualified to be enrolled as electors of the Territory.”
Meaning of electoral roll and certified copy of roll.
2. After regulation 119 of the Northern Territory Electoral Regulations the following regulation is inserted:—
“120. For the purposes of the first election held under these Regulations a person shall be deemed to be enrolled on the electoral Roll for a subdivision for which no polling place is prescribed if his name is on a list, prepared in respect of the subdivision by the Returning Officer pursuant to the proclamation of the 11th day of October, 1922, for the preparation of the first Roll for the Territory, setting out the names of persons who, to the best of the Returning Officer’s means of information, are qualified to be enrolled as electors of the Territory, and that list shall be deemed to be the certified Roll prepared in accordance with that Proclamation.
Provided that nothing in this regulation shall authorize any vote being finally counted unless a duly completed electoral claim is received by the Registrar from the voter, within two months of the polling day and the Registrar is satisfied that the voter is entitled to be enrolled on the electoral Roll for the Subdivision in respect of which he has voted.
Provided further that where at the preliminary scrutiny of ballot-papers for any such subdivision, the Returning Officer has not received a duly completed claim for enrolment from any person from whom he has received a ballot-paper, he shall defer the ballot-paper for scrutiny until that person in enrolled pursuant to a claim for enrolment, or until two months after polling day, whichever first happens, and shall thereupon proceed with the scrutiny of the ballot-paper”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1922 No. 167, made under the Northern Territory Representation Act 1922 and the Commonwealth Electoral Act 1918-1922, was enacted to address the need for specific regulations concerning the electoral process in the Northern Territory. The regulations were introduced to ensure the smooth conduct of the first elections in the Territory, providing clear guidelines on the preparation and use of the electoral roll and the handling of voter enrolment claims. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations aimed to establish a systematic approach to voter registration and election administration for the Northern Territory, ensuring that the electoral process adhered to the broader national legislative framework. The policy objective was to facilitate the transition to self-governance in the Northern Territory by providing a structured and compliant electoral system.
Scope and Application
The Regulations under the Northern Territory Representation Act 1922 and the Commonwealth Electoral Act 1918-1922 apply to the electoral processes within the Northern Territory of Australia. They pertain specifically to the administration and conduct of the first election held under these regulations, focusing on the enrolment of electors and the preparation of the electoral roll. The regulations address the qualification criteria for electors, the manner in which the electoral roll is to be prepared, and the conditions under which a person may be deemed enrolled. These provisions are intended to ensure that the electoral process is conducted fairly and transparently. The regulations also clarify the role of the Returning Officer in preparing the electoral roll and managing the enrolment claims. While the regulations primarily concern the Northern Territory, their enactment under Commonwealth law indicates a federal oversight and coordination of the electoral process within the territories. Any exclusions or exemptions are narrowly defined within the text, specifically regarding the enrolment process and the counting of votes.
Key Provisions
The Regulations under the Northern Territory Representation Act 1922 and the Commonwealth Electoral Act 1918-1922, specifically in Statutory Rules 1922, No. 167, provide crucial amendments to the electoral processes within the Northern Territory. Regulation 55, which pertains to the nomination of candidates, is amended to allow for nominations by either six or more persons or by a single person in the case of the first election (Regulation 55(1)(b)). Furthermore, Regulation 120 stipulates that for the purposes of the first election, individuals whose names appear on a list prepared by the Returning Officer, based on the proclamation of October 11, 1922, are deemed enrolled on the electoral roll (Regulation 120). This list is considered the certified roll for the purposes of these elections, subject to certain conditions regarding the submission of enrolment claims.
These regulations impose specific obligations on various parties involved in the electoral process. Returning Officers are tasked with preparing lists of qualified electors for the first election and ensuring that these lists are certified and used as the electoral roll. They are also responsible for deferring the scrutiny of ballot papers until a voter's eligibility is confirmed through a completed enrolment claim. Candidates and voters are required to adhere to the enrolment procedures and ensure that all claims are submitted within the stipulated timeframe to avoid disqualification or the invalidity of votes.
Breaches of these regulations can lead to significant consequences. If a vote is counted without a duly completed enrolment claim received by the Registrar within two months of polling day, the vote may be deemed invalid (Regulation 120). Additionally, any Returning Officer failing to follow the stipulated procedures for deferring scrutiny of ballot papers could face administrative penalties. Although the exact penalties are not specified in the document, the implications of non-compliance could result in the disqualification of votes and potential legal ramifications for electoral irregularities.