STATUTORY RULES.
1934. No. 62.
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REGULATIONS MADE UNDER THE REPRESENTATION ACT 1905.
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 Representation Act 1905.
Dated this twenty‑third day of May, 1934.
ISAAC A. ISAACS
Governor‑General
By His Excellency’s Command,
J. A. PERKINS
Minister of State for the Interior.
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Representation Regulations.
Short title.
1. These Regulations may be cited as the Representation Regulations.
Repeal.
2. The Representation Regulations, being Statutory Rules 1925, No. 211, are hereby repealed.
Allowances to be made in ascertaining the numbers of the people.
3. In ascertaining the numbers of the people of the Commonwealth as on an Enumeration Day (not being a census day) occurring after the commencement of these Regulations, allowances shall be made as prescribed by these Regulations in lieu of these prescribed by Schedule A to the Representation Act 1905.
Method of ascertaining increases and decreases in the numbers of the people.
4.—(1.) The Chief Electoral Officer shall ascertain the increases and decreases in the numbers of the people in each State, arising from births and deaths, and arrivals and departures (whether by sea or rail) during the period from the last census day up to and including the last quarter‑day before Enumeration Day, and for that purpose he may accept as evidence of increases or decreases in the numbers of the people, and of the number of persons who by section 25 or section 127 of the Constitution are required not to be counted, any returns supplied to him by the Government Statistician, of the Commonwealth or of any State.
(2.) Returns supplied by the Government Statistician of the Commonwealth or of any State to the Chief Electoral Officer shall be based on official information received—
(a) in the case of births and deaths—from the Registrar‑General of Births and Deaths, or the officer occupying a corresponding position in any State;
(b) in the case of arrivals and, departures by sea—from the Department of Trade and Customs; and
(c) in the case of arrivals and departures by rail—from the official counts of border railway migration.
Notified in the Commonwealth Gazette on 24th May 1934.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1650.—Price 3d.
Overview
The Representation Regulations, 1934, were made under the Representation Act 1905 to provide a framework for determining population numbers in Australia, specifically in the context of electoral representation. Enacted by the Governor-General in Council, these regulations aimed to update the methodology for calculating population increases and decreases, replacing the previous regulations from 1925. The primary objective was to ensure accurate and updated population data for electoral purposes, facilitating fair representation in the federal parliament. These regulations outline specific procedures for the Chief Electoral Officer to ascertain population changes based on data from various government departments, such as the Registrar-General of Births and Deaths and the Department of Trade and Customs.
Scope and Application
The Representation Regulations 1934, made under the Representation Act 1905, establish procedures for determining population numbers in the Commonwealth of Australia for purposes other than a census. These regulations apply to the ascertainment of population increases and decreases, including births, deaths, and migration, during the interval between the last census and the next enumeration day. The Chief Electoral Officer is responsible for these calculations, and the regulations permit the acceptance of official returns from the Government Statistician or equivalent state officials. These returns must be based on data from the Registrar-General of Births and Deaths, the Department of Trade and Customs for maritime migration, and border railway migration counts for rail arrivals and departures. The regulations specify the sources and types of data that can be utilised for these purposes, thereby replacing the previous prescribed allowances set out in Schedule A to the Representation Act 1905. The scope of these regulations is nationwide, applying to all states and territories within the Commonwealth, and they supersede the previous Representation Regulations of 1925.
Key Provisions
The Representation Regulations, made under the Representation Act 1905, set out the rules for determining the population of the Commonwealth on an Enumeration Day, which is any day designated for a population count other than the census day (section 3). This regulation replaces the earlier Representation Regulations of 1925 (section 2). The key provisions focus on how population numbers are ascertained and adjusted, particularly for births, deaths, and migration, which are recorded between the last census day and the Enumeration Day. The Chief Electoral Officer is responsible for determining these changes, using data supplied by the Government Statistician from various sources, such as the Registrar-General of Births and Deaths for birth and death records, and the Department of Trade and Customs for sea arrivals and departures (section 4).
The Representation Regulations impose specific obligations on the Chief Electoral Officer to accurately ascertain population changes. This involves accepting and processing data from the Government Statistician, who in turn must rely on official records from designated sources like the Registrar-General and the Department of Trade and Customs (section 4). These regulations also outline the method for accounting for population changes due to births, deaths, and migration during the period between the last census day and the Enumeration Day, ensuring that population counts are as accurate and up-to-date as possible.
Failure to comply with these regulations could potentially lead to inaccuracies in population counts, which could, in turn, affect electoral representation and resource allocation across states. While the regulations themselves do not explicitly state penalties for non-compliance, the impact of inaccurate population data could have significant legal and administrative repercussions. Given the foundational role of accurate population data in electoral processes, any breaches of these regulations could lead to legal challenges and disputes over the legitimacy of electoral outcomes.