statutory rules.
1906. No. 107.
REGULATIONS UNDER THE “POST AND TELEGRAPH ACT 1901.”
(Issued Provisionally as Statutory Rule No. 65 of 1906.)
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulation under the Post and Telegraph Act 1901, namely:—
Commonwealth Electoral Papers,
to come into operation on the 22nd day of December, 1906.
Dated this fourth day of December, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN.
Commonwealth Electoral Papers.
The Regulations under this head, made by Order in Council No. 487, on the 21st November, 1902, vide pages 589 and 590 of Commonwealth Gazette No. 56, dated 28th November, 1902, shall be repealed, and the following substituted in lieu thereof:—
Commonwealth Electoral Papers.
3. Postal articles containing electoral papers provided for by the Commonwealth Electoral Acts may be sent by post free of charge from or to electoral officers, if—
(a) they contain only such electoral papers and the words “Commonwealth Electoral Papers only,” together with the signature and address of the sender, are printed or written on the envelope or wrapper; or
(b) they consist of ballot-papers sent in covers bearing the following indorsements and address printed thereon, namely:—
No.................O.H.M.S. Commonwealth Electoral
Papers only,
Post free.
Postal Ballot Paper.
Not to be opened until scrutiny.
The Returning Officer for the Commonwealth Electoral Division of……………………
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.13581.—Price 3d.
Overview
The statutory rules, numbered No. 107 of 1906, were introduced under the authority of the Post and Telegraph Act 1901. These regulations, enacted by the Governor-General in Council, aim to streamline the handling and transmission of electoral papers for Commonwealth elections. The objective is to ensure that these crucial documents can be sent and received free of charge, provided they meet specific criteria such as being labelled as "Commonwealth Electoral Papers only" and bearing the necessary signatures and addresses. This legislative instrument addresses the practical need for efficient and cost-effective communication of electoral materials, facilitating the democratic process by removing postal barriers for election-related correspondence.
Scope and Application
The Regulations under the Post and Telegraph Act 1901, specifically concerning Commonwealth Electoral Papers, apply to postal articles containing electoral papers as provided for by the Commonwealth Electoral Acts. These regulations allow for the free transmission of such papers from or to electoral officers under specific conditions. The geographic reach of these regulations is nationwide, as they pertain to the Commonwealth of Australia. The primary exclusion is that the postal articles must either contain only electoral papers with a specific endorsement or be ballot papers in covers with a particular indorsement. These regulations came into operation on the 22nd day of December, 1906, and supersede previous regulations made on the 21st November, 1902. The Act does not explicitly mention any thresholds or exemptions, but the conditions for free postage are strictly defined to ensure clarity and compliance.
Key Provisions
The key provisions of the statutory rules outlined in the legislative instrument C1907L00107 under the Post and Telegraph Act 1901 focus primarily on the transmission of Commonwealth Electoral Papers through the postal system. According to Section 3 of the rules, postal articles containing electoral papers can be sent by post free of charge if certain conditions are met. Specifically, the envelope or wrapper must either bear the words "Commonwealth Electoral Papers only" and include the sender's signature and address, or, if the article consists of ballot papers, the cover must bear the indorsement "Commonwealth Electoral Papers only, Post free" along with the Returning Officer's address for the relevant Commonwealth Electoral Division. Additionally, the cover must explicitly state "Not to be opened until scrutiny."
The regulations impose clear obligations on parties involved in the transmission of electoral papers. Electoral officers and other authorised individuals must ensure that the postal articles adhere to the specified requirements to qualify for free postage. This includes accurately labelling the envelopes or wrappers and, if sending ballot papers, correctly indorsing the covers with all necessary details and ensuring that they are not opened until scrutiny.
Failure to comply with these provisions could result in the postal articles not being eligible for free postage, potentially incurring additional costs. While the rules do not explicitly state penalties for non-compliance, the primary consequence would be the financial burden of postal fees on the sender or the risk of delayed or compromised electoral processes due to improper handling of the ballot papers. It is important to note that any breach of the rules might also have indirect implications for the electoral process, potentially affecting the integrity and efficiency of the voting procedure.