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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These provisional regulations set detailed procedures under the Commonwealth Electoral Act and the Referendum Act for maintaining rolls, compulsory enrolment, absent voting, objections and appeals, ballot handling, scrutiny/recounts, and expense returns. They supersede earlier provisional rules and carve out certain joint-roll provisions for Tasmania.
Electors must enrol or face penalties (Reg 6b); Electoral Registrars, Divisional Returning Officers, Commonwealth/Chief Electoral Officers and the Minister run the processes and exercise discretion; publishers and campaigners must lodge expense returns and pay inspection fees (Regs 26–28). The rules create recordkeeping, compliance and prosecution burdens (Regs 7–7c; 22; 22(17)).
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Direct links to the current provisions in Commonwealth Electoral and Referendum Regulations (Provisional).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
[Electoral Regulations, 1—2a.
STATUTORY RULES.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1911 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1910.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906—1910 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated the 25th day of July, One thousand nine hundred and twelve.
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
APPLICATION OF REGULATIONS.
1. These Regulations supersede the Provisional Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1909 (Statutory Rules 1912, No. 68).
2. These Regulations shall not apply in relation to joint rolls in the State of Tasmania so far as provision is made by any joint Regulations relating thereto, but shall, to the extent to which they are applicable, apply in relation to other matters in connexion with those joint rolls, and for the purposes of the application of any Regulations relating to compulsory enrolment, any reference in these Regulations to a form shall, where an appropriate form is provided by the joint Regulations, include a reference to the form so provided.
PART I.—ELECTORAL REGULATIONS.
Definition.
2a. In this part of these Regulations—
“The Act” means the Commonwealth Electoral Act.
“The Commonwealth Electoral Act” means the Act or Acts for the time being in force relating to Parliamentary Elections.
C.10078.—Price 8d.
Electoral Regulations, 3—6]
Change of Electors from one Roll to Another under Section 26 of the Act.
Sec. 26.
3. (i.) When any directions are issued by the Minister in accordance with section 26 of the Act for the change of electors from one Roll to another, effect shall be given to those directions by removing the names of the electors from the Roll from which they are changed, and by inserting the names so removed on the Roll to which they are changed.
(ii.) Notice of the change shall be sent by post to each elector concerned, and may be in accordance with the following form:—
Commonwealth of Australia.
The Commonwealth Electoral Act.
To
You are hereby informed that your name has in accordance with the provisions of Section 26 of the Act been removed from the Roll for the Subdivision of the Electoral Division of and has been placed on the Roll for the Subdivision of the Electoral Division of
Electoral Registrar for the Subdivision.
Address—
Dated the day of 19 .
(iii.) When—
(a) a Subdivision is abolished, and the Minister directs that all electors whose names are on the Roll for that Subdivision shall be changed to one other Subdivision Roll; or
(b) the boundaries of a Division are altered, and any Subdivision becomes changed from one Division to another Division, and all electors whose names are on the Roll for the Subdivision become changed from the Roll for that Subdivision to one Subdivision Roll for the other Division;
public notice of the change may be given in the Gazette, and in some newspaper circulating in the part affected, and in that case the notice specified in paragraph (ii.) of this Regulation need not be given.
Form of Roll.
4. The Roll may be in accordance with the following form, and shall contain the particulars indicated therein:—
19 .
Commonwealth of Australia.
Electoral Roll.
State of [here insert name of State],
Division of [here insert name of Division],
Roll of Electors for the Subdivision of [here insert name of Subdivision].
No., Name in Full, Place of Living, Occupation, and Sex of each Elector.
[Here follow Names, &c.]
Footnote:—M signifies Male. F signifies Female.
Sale of Electoral Rolls.
5. The prices at which Rolls axe sold shall be as follow:—
| s. | d. | |
|---|---|---|
| Principal Roll for a Division.................................... | 2 | 0 |
| Principal Roll for a Subdivision.................................. | 0 | 6 |
| Supplemental Roll for a Division................................. | 0 | 6 |
| Supplemental Roll for a Subdivision............................... | 0 | 3 |
Roll to be open to Public Inspection.
Sec. 35.
6. Every Roll kept by an Electoral Registrar shall be open to public inspection without fee at the office of the Registrar at all convenient times during his ordinary office hours.
[Electoral Regulations, 6a.
Combined Form of Electoral Claim.
6a. A claim by any person to have his name placed on the Electoral Roll for any Subdivision by enrolment or transfer or change of enrolment may be in accordance with the following form:—
[Front of Form.]
Commonwealth of Australia.
The Commonwealth Electoral Act.
Electoral Claim.
To the Electoral Registrar
for the Subdivision of
Division of
State of
1. I am an inhabitant of Australia and have lived therein for six months continuously.
2. I claim to have my name placed on the Electoral Roll for the Subdivision of in which I now live and have lived for a period of not less than one month immediately preceding the date of this claim.
3. I am not under the age of 21 years.
4. I am a natural-born or naturalized subject of the King.
5. I am not disqualified from voting.
6. My name is on the Electoral Roll for*
*Here insert the name of the Subdivision and Division, or if not already enrolled insert the words “no other Subdivision.”
I declare that the whole of the statements made in this claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.
Personal signature of claimant
| Dated the | day of | 19 . |
|---|
I, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named claimant sign the above claim.
Witness to signature
Occupation
Place of living
Any person who witnesses the signature of the claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the claimant or otherwise that the statements contained in the claim are true, is guilty of an offence, and liable to a penalty of £50.
The signature of the claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.
N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.
[Back of Form.]
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:8.4pt"><td rowspan="7" style="width:9.94%; height:8.4pt; writing-mode:tb-rl; padding-right:0.5pt; padding-left:0.5pt; vertical-align:bottom; background-color:#ffffff; -moz-transform:rotate(180deg); -ms-transform:rotate(180deg); overflow:hidden; transform:rotate(180deg); -webkit-transform:rotate(180deg)"><div style="height:8.4pt; writing-mode:tb-rl; overflow:hidden"><p class="Bodytext220" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span style="font-family:'Times New Roman', serif">Particulars for Enrolment</span></p></div></td><td rowspan="7" style="width:2.4%; padding-right:0.5pt; padding-left:0.5pt; vertical-align:middle; background-color:#ffffff"><div style="width:100%; height:8.4pt; display:inline-block; overflow:visible"><p style="text-align:center; font-size:10pt"><span style="height:0pt; text-align:left; display:block; position:relative; z-index:2"><img src="image.001.png" width="11" height="125" alt="" style="margin-top:-1.57pt; margin-left:1.83pt; position:absolute"></span><span style="font-family:'Times New Roman', serif"></span></p></div></td><td colspan="2" style="padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Surname</span></p></td></tr><tr style="height:25.3pt"><td colspan="2" style="padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p class="Bodytext220" style="text-indent:0pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Christian Names</span></p><p class="Bodytext220" style="text-indent:21.6pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">(in full)</span></p></td></tr><tr style="height:7.7pt"><td colspan="2" style="padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Place of Living</span></p></td></tr><tr style="height:8.4pt"><td colspan="2" style="padding-right:0.5pt; padding-left:0.5pt; vertical-align:bottom; background-color:#ffffff"><p style="text-indent:21.6pt; text-align:justify; font-size:10pt"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">(Full postal address)</span></p></td></tr><tr style="height:7.9pt"><td colspan="2" style="padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:8.4pt"><td style="width:69.16%; padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Occupation</span></p></td><td style="width:18.5%; padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Sex</span></p></td></tr><tr style="height:8.9pt"><td colspan="2" style="padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Personal Signature of Claimant</span></p></td></tr></tbody></table>
A 2
Electoral Regulations, 6b—6c]
Compulsory Enrolment.
6b. (1.) Every person who is entitled to have his name placed on the roll for any Subdivision whether by way of enrolment or transfer or change of enrolment, and whose name is not on such roll, shall forthwith after he has lived for a period of one month within that Subdivision, fill in and sign in accordance with the directions printed thereon an Electoral claim on the form prescribed by Regulation 6a, and send or deliver such Electoral Claim to the Electoral Registrar for the Subdivision.
(2.) Any person who is entitled to have his name placed on the roll for any Subdivision, and whose name is not on such roll, and who fails within a period of twenty-one days from the date upon which he became entitled to have his name placed on such roll, to send or deliver to the Electoral Registrar for such Subdivision, a form of Electoral Claim duly filled in and signed in accordance with the Regulations, shall be guilty of an offence and liable to a penalty not exceeding Two pounds, provided, however, that the penalty in the case of a first offence shall not exceed Ten shillings.
Action by Electoral Registrar.
6c. (1.) The Electoral Registrar, on receipt of an Electoral Claim for enrolment or transfer or change of enrolment, shall, if the Claim is in order, and he is satisfied that the claimant is entitled to be enrolled, immediately enter the claimant’s name and the particulars relating to him on the Roll, and shall, in accordance with the following form, notify the claimant that he has been so enrolled:—
Commonwealth of Australia
State of—
Electoral Division of—
To
Your name has been enrolled for the Subdivision of pursuant to your claim dated
You are hereby notified that if you change your place of living to another Subdivision of the above-named Division, or a Subdivision of another Division, whether in the same State or not, you must forthwith, after you have lived for a period of one month in that Subdivision, fill in and sign, in accordance with the directions printed thereon, the prescribed form of claim for transfer or change of enrolment, and send or deliver it to the Electoral Registrar for the Subdivision.
Failure to comply with the requirements of the law in this respect within a period of Twenty-one days from the date upon which you become entitled to such transfer or change of enrolment will render you liable to a penalty not exceeding £2.
Electoral Registrar for the Subdivision.
Address—
Dated the day of 19 .
Note.—An elector who is only temporarily absent from his place of living, although the period of such absence may exceed one month, is not thereby deemed to have changed his place of living for the purposes of transfer or change of enrolment.
(2.) The Electoral Registrar shall note on the Electoral Claim the date of its receipt by him, and shall, if it appears that the claimant is entitled to transfer or change of enrolment, give notice of the transfer or change to the Electoral Registrar keeping the Subdivision Roll from which the elector’s name is transferred or changed, who shall thereupon remove the elector’s name from the Roll kept by him.
[Electoral Regulations, 6d—7
Action in respect of an Electoral Claim when the Electoral Registrar is not satisfied that claimant is entitled to enrolment.
6d. (1.) The Electoral Registrar, on receipt of an Electoral Claim, shall, if he is not satisfied that the claimant is entitled to be enrolled in pursuance of the Claim, forthwith refer the Claim to the Divisional Returning Officer with such observations as he thinks proper, and shall send to the claimant, in accordance with the authorized form, a notification that the Claim has been so referred.
(2.) The Divisional Returning Officer shall forthwith, after making such inquiry as may be necessary to enable him to decide the Claim, return the Claim to the Electoral Registrar, and notify the Electoral Registrar of his decision.
(3.) If the Divisional Returning Officer decides that the Claimant is entitled to enrolment pursuant to the Claim, the Electoral Registrar shall forthwith enrol the claimant, and send to him a notification in accordance with the form authorized that he has been so enrolled.
(4.) If the Divisional Returning Officer decides that the claimant is not entitled to enrolment pursuant to the Clai
This is an opening excerpt, not the complete document.