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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This rulebook sets the procedures for conducting federal elections and constitutional referendums in Australia, covering who must enroll, how people vote (including when away or incapacitated), how ballots are secured and counted, and what campaign spending must be reported. It governs election officials’ duties and record‑keeping.
It matters because it standardizes administration, prevents fraud, and promotes transparency and accessibility for voters and campaigns.
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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.
STATUTORY RULE
1915. No. 154.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1911 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1912.
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 1906-1912 should come into immediate operation and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated the 1st day of September, One thousand nine hundred and fifteen.
By His Excellency’s Command,
R. M. FERGUSON,
Governor-General.
E. J. RUSSELL,
For Minister of State for Home Affairs.
APPLICATION OF REGULATIONS.
1. These Regulation supersede the Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1910 (Statutory Rules 1912, No. 161, as amended by Statutory Rules 1913, Nos. 31, 45, 199, and 277, and Statutory Rules 1914, No. 74, and Statutory Rules 1915, Nos. 5, 40, and 98.
PART I.—ELECTORAL REGULATIONS.
Definition.
2a. In this part of these Regulations—
“The Act” moans the Commonwealth Electoral Act.
“The Commonwealth Electoral Act” means the Act or Acts for the time being in force relating to Parliamentary Elections.
Sec. 26
Change of Electors from one Roll to Another under Section 26 of the Act.
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 form headed Regulation. 3. (ii) in the Schedule.
(iii) When—
(a) a Subdivision is abolished and the Minister directs that all electors whoso names are on the Roll for that Subdivision shall be changed to one other Subdivision Roll; or
(b) the be 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 effected, 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 form headed Regulation 4 in the Schedule, and shall contain the particulars indicated therein.
Sale of Electoral Rolls.
5. The prices at which Rolls are sold shall be as follow:—
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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.
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 form headed Regulation 6a in the Schedule.
Compulsory Enrolment
Sec 61 (c).
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 form headed Regulation 6c (1) in the Schedule, notify the claimant that he has been so enrolled.
(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.
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 Claim, the Electoral Registrar shall forthwith send a notification to the claimant that his Claim has been rejected, specify the reason for such rejection, and advise the claimant that he is entitled at any time, within one calendar month after the receipt of the notification, to appeal to a court of summary jurisdiction for an order directing that his name may be added to the Roll. The notification may be in accordance with the form headed Regulation 6d (4) in the Schedule
Action in Relation to Formally Defective Claim.
6e. The Electoral Registrar, upon receipt of an Electoral Claim which is not in order by reason of some formal defect only, is authorized to send a notification to the claimant indicating the nature at the defect, and, as the case may require—
(a) to return the Claim to him for completion on correction; or
(b) to furnish him with a fresh form of Claim for completion.
Non-compliance with Law.
(2) Subject to such directions as are issued by the Chief Electoral Officer, the Divisional Returning Officer, upon receipt of a report by an Electoral Registrar that any qualified person has failed to comply with the requirements of the law in relation to enrolment, shall, if he is satisfied that there has been a contravention of the Act and these Regulations, forthwith cause proceedings to be instituted against such person in a court of summary jurisdiction.
Provided that where the Divisional Returning Officer, with the concurrence of the Commonwealth Electoral Officer for the State, deems it advisable, the Electoral Registrar for the Subdivision may institute proceedings in his own name, and in any such proceedings the authority of the Electoral Registrar shall not be questioned.
(3) All officers in the service of the Commonwealth, and all police and other officers of any State or local governing body, and all occupiers of habitations, are hereby authorized and required to furnish the Electoral Registrar, on application, with such information as he may require to enable him to carry out his duties in respect of the compulsory enrolment provisions of the Act and these Regulations.
Procedure in Respect of Contravention of Law relating to Compulsory Enrolment.
7a. (1) In any prosecution in a court of summary jurisdiction in respect of any contravention of the Act or Regulations relating to compulsory enrolment, instituted by any officer, the defendant in any such prosecution may, at any time not being less than seven days before the hearing, lodge with the prosecuting officer (either personally or by post) a statutory declaration setting forth any matter he desires to set forth in answer to the charge.
(2) Where a statutory declaration is received by the prosecuting officer, in pursuance of this Regulation, he shall, as far as it is practicable for him to do so, inquire into the tru
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