War Precautions (Military Service Referendum) Regulations 1917 (Amendment)

Legislation au C1917L00306 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1917. No. 306.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-16.

I, SIR ARTHUR LYULPH STANLEY, Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Precautions Act 1914-16 to come into operation forthwith.

Dated this 23rd day of November, One thousand nine hundred and seventeen.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of the War Precautions (Military Service Referendum) Regulations.

(Statutory Rules 1917, No. 290, as amended by Statutory Rules 1917 No. 304.)

1. After Regulation 19 of the War Precautions (Military Service Referendum) Regulations, the following Regulation is inserted: —

“19a.—(1) Notwithstanding anything contained in these Regulations, any person resident in the Territory for the Seat of Government.—

(a) whose name is on the electoral list compiled for the purpose by the prescribed officer or a person thereto authorized by him; and

(b) who has reason to believe that he will not on polling day be within the Territory,

may, subject to this Regulation, vote upon attending before any Commonwealth Electoral Registrar appointed or authorized for the purpose by the Commonwealth Returning Officer for the Territory at such place and at such time (after the issue of the writ for the Referendum, and, not later than 6 o’clock on the afternoon of the day immediately preceding polling day) as are fixed for the purpose by the Commonwealth Electoral Registrar.

“(2) Before any person is permitted to vote in pursuance of this Regulation he must complete an absent voter’s declaration to be supplied for the purpose by the Commonwealth Electoral Registrar.

C.15690.—Price 3d.


“(3) The form of absent voter’s declaration used by any person voting under this Regulation may be in accordance with the form of declaration used by an elector of the Commonwealth voting before a Commonwealth Electoral Registrar before polling day, with such modifications, variations, and adaptations as the Chief Electoral Officer thinks necessary.”

2. The proviso to Sub-regulation (2) of Regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917 is amended—

(a) by omitting the words “claiming to vote”; and

(b) by omitting the word “if” and inserting in its stead the words “but shall not be allowed to vote unless”.

3. Regulation 25 of the War Precautions (Military Service Referendum) Regulations 1917 is amended—

(a) by omitting from Sub-regulation (4) thereof the words “but does not satisfy the Presiding Officer that he is one of the persons specified in the proviso to Sub-regulation (2) or paragraph (a), (b), or (c) of Sub-regulation (4) of Regulation 22 of these Regulations; and

(b) by adding at the end of Sub-regulation (9) the words “as nearly as possible in the same manner as absent voters’ ballot-papers”.

4. After Regulation 42 of the War Precautions (Military Service Referendum) Regulations 1917 the following Regulations are inserted:—

Injuring posters, &c., re Referendum.

“43. Any person who without authority (proof whereof shall lie upon him) destroys, injures, disfigures or removes any poster, proclamation or official notice relating to the Referendum which purports to have been printed by a Government Printer, or which have been issued by or with the authority of the Chief Electoral Officer, shall be guilty of an offence.

Disturbing meetings.

“44.—(1) Any person who, at any public meeting held in relation to the Referendum, acts in a disorderly manner or wilfully disturbs the meeting, shall be guilty of an offence.

“(2) Any member of the Police Force of a State may, of his own motion, and any person may, at the direction of the Chairman of any such meeting or the person addressing the meeting, remove from the meeting any person who has acted in a disorderly manner at the meeting or has disturbed the meeting, and any person who resists removal from the meeting in accordance with this Sub-regulation shall be guilty of an offence.

Procedure upon offences against Regulations 43 and 44.

“45.—(1) Any person who has committed an offence against the provisions of either of the last two preceding Regulations may be arrested without warrant by any member of the Police Force of a State.

“(2) The provisions of Sub-regulations (2) and (3) of Regulation 42 of these Regulations shall apply in relation to offences committed against the provisions of the last two preceding Regulations in like manner as they apply to offences against the provisions of that Regulation.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1917 No. 306, made under the War Precautions Act 1914-16, was introduced to amend the War Precautions (Military Service Referendum) Regulations 1917. Enacted by the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, these regulations were designed to address the practicalities of conducting a referendum during wartime, ensuring that eligible residents who were not within the Territory for the Seat of Government on polling day could still participate. The policy objective was to maintain democratic processes while accommodating the extraordinary circumstances of the First World War. The regulations included provisions for absent voting, the handling of disorderly conduct at referendum-related public meetings, and penalties for damaging official referendum materials. These measures aimed to uphold the integrity of the referendum process amidst the challenges posed by the war.

Scope and Application

The Regulations under the War Precautions Act 1914-16, as amended, apply to any person residing in the Territory for the Seat of Government who is on the electoral list and expects to be absent on polling day for the Military Service Referendum. These Regulations allow such individuals to vote by attending before a Commonwealth Electoral Registrar before the specified time on the day preceding polling day, subject to completing an absent voter’s declaration. The Regulations also extend to the conduct of public meetings related to the Referendum, stipulating penalties for individuals who destroy, injure, disfigure, or remove Referendum posters, proclamations, or official notices, as well as those who act in a disorderly manner or disturb such meetings. Additionally, any person who commits an offence under these provisions may be arrested without a warrant by a member of the Police Force of a State. These Regulations apply within the jurisdiction of the Commonwealth, specifically in the Territory for the Seat of Government, and are enforceable by the Police Force of a State.

Key Provisions

The Regulations under the War Precautions Act 1914-16 provide a detailed framework for conducting a military service referendum. Section 19a (1) allows eligible residents of the Territory for the Seat of Government who are not expected to be present on polling day to vote by completing an absent voter’s declaration before the Commonwealth Electoral Registrar, provided their names are on the electoral list. This provision aims to ensure that eligible voters who are temporarily absent on polling day can still participate in the referendum. Section 19a (2) mandates that an absent voter’s declaration must be completed before voting, while Section 19a (3) specifies that the form of the declaration can be adapted as necessary by the Chief Electoral Officer. Regulation 22 has been amended to clarify that voters must meet specific criteria to be allowed to vote, as indicated by the changes in Section 2 of the Regulations. Regulation 25 has also been amended to streamline the process for handling absent voters’ ballot papers, as outlined in Section 3 of the Regulations. The Regulations impose several obligations on individuals and authorities. Firstly, they require individuals who wish to vote as absent voters to complete an absent voter’s declaration and present it to the Commonwealth Electoral Registrar. Secondly, they mandate that individuals attending referendum meetings must behave in an orderly manner, and that members of the Police Force or others may remove individuals who act in a disorderly manner or disturb the meeting. Additionally, authorities are required to enforce the Regulations by arresting individuals who commit specified offences without a warrant, as outlined in Section 45. The Regulations also stipulate that the same procedures for handling offences apply to those who damage referendum posters or disrupt meetings as those for other offences under the Regulations. Under these Regulations, several offences are established with corresponding penalties. Section 43 creates an offence for destroying, injuring, disfiguring, or removing posters, proclamations, or official notices related to the referendum without authority, with the burden of proof on the accused. Section 44 outlines that disorderly conduct or wilful disturbance of a referendum meeting is an offence, and that anyone resisting removal from a meeting can also be charged. Section 45 specifies that anyone committing these offences can be arrested without a warrant by a member of the Police Force of a State. While the specific penalties for these offences are not detailed in the text provided, it is clear that significant civil and potentially criminal consequences follow from breaching the Regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.