Division 2.—Enforcement of Law in Relation to Enrolment.
Inquiry and report by Registrar.
The Registrar shall, subject to such directions as he receives from the Divisional Returning Officer, make such inquiries from time to time as are practicable in order to ascertain the names of qualified persons who are entitled to enrolment for the Subdivision for which he keeps the Roll, but are not enrolled therefor, and shall, when any failure to comply with the law is disclosed, report to the Divisional Returning Officer in accordance with Form 11.
Notification in respect of offence.
Subject to such directions as are issued by the Chief Electoral Officer, the Divisional Returning Officer shall, if satisfied that a qualified person has failed to comply with the requirements of Section 42 of the Act, forthwith notify him of such failure in accordance with Form 12, and inform him that he may reply by Declaration in accordance with Form 12a setting out any facts relevant to the matter, and that he has the option of having the matter dealt with either by the Commonwealth Electoral Officer for the State, or by a Court of Summary Jurisdiction.
Consent to matter being dealt with by Commonwealth Electoral Officer.
Any person to whom a notification has been sent pursuant to the last preceding regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the Divisional Returning Officer in accordance with Form 13.
Proceedings upon receipt of consent to matter being dealt with by Commonwealth Electoral Officer.
Upon the receipt from a person who has failed to comply with the requirements of Section 42 of the Act, of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and undertaking to abide by the decision of that officer, the Divisional Returning Officer shall consider the statements contained in the Declaration (if any) submitted by the person, make such further inquiry as he deems necessary,
[Electoral Regulations, 21—24]
and, unless he decides to withdraw the case, transmit the Declaration (if any) and notification, with a report as to the facts and his opinion thereon, to the Commonwealth Electoral Officer.
Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.
(1) Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt of a report from a Divisional Returning Officer in respect of an alleged contravention of Section 42 of the Act, consider all the facts, and if satisfied that the person concerned is in default or has contravened the provisions of the Section, he may make an order imposing upon that person a penalty not exceeding Ten shillings for a first offence, and not exceeding Two pounds for any subsequent offence, and notify the Divisional Returning Officer thereof and of the time allowed for payment.
(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this Regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of Regulation 23 of these Regulations.
(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this Regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.
Notification of imposition of penalty.
The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any person for a contravention of Section 42 of the Act, shall notify the person in accordance with Form 14.
Enforcement of penalties.
(1) Any order made by a Commonwealth Electoral Officer under Regulation 21 of these Regulations imposing a penalty, may be filed in any Court of Summary Jurisdiction, and thereupon the order shall have effect as if it were an Order of that Court.
(2) Subject to these Regulations, all laws of the State relating to the enforcement of Orders of Courts of Summary Jurisdiction in force in the place where the Court in which the Order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty specified in the Order so filed, and to any process for such enforcement.
(3) On the application of a Divisional Returning Officer, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or other applicable process, for the purpose of the enforcement of the Order so filed.
(4) A warrant of execution or other applicable process may be in accordance with any form of warrant of execution or distress or other process applicable to the circumstances under any law in force in the State where the warrant is issued.
(5) Any form of warrant of execution, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, or other process, shall be held to be invalid by reason of want of form.
Proceedings where matter not dealt with by Commonwealth Electoral Officer.
(1) Where any person to whom a notification pursuant to regulation 18 has been sent fails, within the time allowed, to reply thereto, or does not within that time consent to the matter being dealt with by the Commonwealth Electoral Officer, the Divisional Returning Officer shall, subject to such directions as he receives from the Commonwealth Electoral Officer,
[Electoral Regulations, 25—29]
if he is satisfied that such person has contravened Section 42 of the Act, cause proceedings to be instituted against him 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 Registrar for the Subdivision may institute proceedings in his own name, and in any such proceedings the authority of the Registrar shall not be questioned.
(2) If, in any case in which proceedings are instituted in a Court of Summary Jurisdiction, the Divisional Returning Officer has received from the person concerned a Declaration in pursuance of regulation 18 he shall, as far as it is practicable and necessary for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, cause the declaration to be brought to the notice of the Court.
(3) The Court shall at the hearing of the case consider the declaration (whether the defendant is present or not) as if the matter therein set out had been given in evidence before it.
Declaration of prosecuting officer to be considered by Court.
(1) In any prosecution in respect of any contravention of Section 42 of the Act the prosecuting officer may lodge with the Court a statutory declaration in support of the charge, and it shall not then be necessary for him to attend at the hearing.
(2) Where a statutory declaration has been lodged as provided by this regulation and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, shall consider the statutory declaration as if the matter set out therein had been given in evidence before it.
(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.