Regulation 1

:  Formal - for the purposes of the proposed Regulations, defines the existing Electoral and Referendum Regulations as the “Principal Regulations”.

Regulation 2

:  Amends the definition of “referendum” in the Principal Regulations to give it the same meaning as in the Referendum (Machinery Provisions) Act 1984 and inserts a definition of that Act.

Regulation 3

:  Omits Principal Sub-regulation 6(1) dealing with the form of the Roll as the provision is outmoded.

Regulation 4

:  Repeals Principal Regulation 34 prescribing the form of undertaking by officers and scrutineers and substitutes a new regulation making the form of undertaking subject to the approval of the Australian Electoral Commission, and extending the scope of the regulation to include Antarctic and mobile polling officials.

Regulation 5

:  Omits a reference to the Referendum (Constitution Alteration) Act 1906 and inserts a reference to the corresponding sections of the Referendum (Machinery Provisions) Act 1984.

Regulation 6

:  Repeals Principal Regulation 37 dealing with the security of ballot boxes, and substitutes a similar but simplified provision.

Regulation 7

:  Alters the format of Form E (the Senate ballot paper) in the Schedule to the Commonwealth Electoral Act 1918 by recasting the instructions to the voter to make them clearer, and by placing the letters identifying the various groups above rather than adjacent to the candidates’ names.

Regulation 8

:  Repeals Principal Regulation 40 dealing with the form of application for a postal vote certificate and postal ballot paper, and substitutes four new regulations prescribing the circumstances and manner in which the registration of an elector as a general postal voter may be cancelled, and in which such cancellation may be reviewed.

Regulation 9

:  Repeals Principal Regulation 42 dealing with forms of postal ballot papers and substitutes a new regulation prescribing particulars which if absent from a postal ballot paper shall be inserted thereon before it is issued.

Regulation 10

:  Makes minor amendments to Principal Regulation 45 dealing with receipt by a Divisional Returning Officer of postal ballot papers.

Regulation 11

:  Makes minor amendments to Principal Regulation 46 dealing with receipt by a Presiding Officer of postal ballot papers.

Regulation 12

:  Makes minor amendments to Principal Regulation 47 dealing with an Assistant Returning Officer’s responsibilities when removing postal ballot papers from the ballot box.

Regulation 13

:  Repeals Principal Regulation 49 dealing with the scrutiny of postal ballot papers and inserts two new regulations prescribing the manner of such scrutiny and providing that where an application for a postal vote was made orally, or where the postal ballot papers were issued to disabled voters registered as general postal voters, the ballot-paper shall not be disallowed on the grounds that comparison of signatures on the postal vote application and the postal vote certificate cannot be made.

Regulation 14

:  Repeals Principal Regulations 67 and 68 dealing with section voting and substitutes two new regulations prescribing the form of declaration, and form of ballot paper, for section vote use.

Regulation 15

:  Makes minor amendments to Principal Regulation 69 dealing with a Presiding Officer’s responsibility to record certain particulars in relation to section voting.

Regulation 16

:  Makes minor amendments to Principal Regulation 70 dealing with action by an Assistant Returning Officer in relation to section voting.

Regulation 17

:  Repeals Principal Regulations 71 and 72 dealing respectively with the scrutiny of section votes and the case of physically incapacitated or illiterate electors casting a section vote, and substitutes three new regulations prescribing the manner in which these things may now be done, and action to be taken by an officer in relation to a spolit ballot paper.

Regulation 18

:  Makes minor amendments to Principal Regulation 73 dealing with the responsibilities of an Assistant Returning Officer at the scrutiny.

Regulation 19

:  Repeals Principal Regulation 75 dealing with the form of the list of electors who failed to vote, and inserts a similar but slightly reworded provision.

Regulation 20

:  Makes minor amendments to Principal Regulation 76 dealing with notice to an elector of his apparent failure to vote.

Regulation 21

:  Recasts and makes minor amendment to Principal Sub-Regulation 77(1) dealing with action by a Divisional Returning Officer and an elector where the elector’s reason for failure to vote is considered to be insufficient.

Regulation 22

:  Makes a minor amendment to Principal Regulation 79 dealing with notification to an elector of the imposition of a penalty for failure to vote where the elector has deposited a sum of money with the Divisional Returning Officer.

Regulation 23

:  Makes minor amendments to Principal Regulation 80 dealing with proceedings in a Court of summary-jurisdiction in the case of an elector’s failure.

Regulation 24

:  Makes minor amendments to Principal Regulation 81 dealing with proceedings in a Court of summary jurisdiction in the case of an elector’s failure.

Regulation 25

:  Makes minor amendments to Principal Regulation 82 dealing with proceedings in a Court of summary jurisdiction in the case of an elector’s failure to reply to a notice that he appears to have failed to vote.

Regulation 26

:  Makes minor amendments to Principal Regulation 83 dealing with evidence in a Court of summary jurisdiction in an action for failure to vote.

Regulation 27

:    Makes minor amendment to Principal Regulation 84 dealing with the preservation of documents relating to an election

Regulation 28

:    Makes minor amendments to Principal Regulation 85 dealing with authorisation by the Electoral Commissioner of actions by an officer in relation to an official inquiry into the conduct of an election.

Regulation 29

:    Repeals the Schedule to the Principal Regulations and substitutes a new Schedule 1 prescribing the following new forms :

Form 18 :    Objection by Elector

Form 19 :    Objection by Divisional Returning Officer

Form 27 :    Postal Vote Certificate

Form 39 :    List of electors who failed to vote

Form 40 :    Notice to elector who appears to have failed to vote

Form 41 :    Form of statement by elector (failure to vote)

Form 42 :    Notice to elector (reason for failure to vote insufficient)

Form 43 :    Form of consent by elector desiring to have his case (of failure to vote) dealt with by the Australian Electoral Officer

Form 44 :    Notification of penalty for failure to vote

Form 45 :    Form of statutory declaration

Form 46 :    List of electors who failed to vote

Regulation 30

:    Makes further minor amendments to the Principal Regulations, and repeals others, as set out in Schedule 2. The repealed provisions, and brief reasons for their repeal, are:

2 -

Parts

Drafting amendment

4A -

Modification of forms in joint rolls

Outmoded provision

7-16

Enrolment

Overtaken by legislative change

Division 2,

Administrative

Outmoded provision

Part II

imposition of penalties

27 -

Notice to person objected to on the ground of non-residence

No longer required

31 -

Notice of determination of objection

No longer required

32 -

Electoral appeals

Provision now in Act

33 -

Notification in relation to group

No longer required

35 -

Polling places

Provision now in Act

43 -

Postal ballot paper, etc, to be delivered to applicant or sent to his place of living

Provision now in Act

87 -

Return under section 152 of the Act

Outmoded provision

88 -

Notice under section 152(8) of Act

Outmoded provision

89 -

Return under section 153 of Act

Provision now in Act

90 -

Withdrawal of consent to nomination

No longer required

94 -

Use of forms which are not prescribed

Outmoded provision

98A -

Modification of forms of ballot-paper where two or more referendums are held on the same day

Provision now in

101 -

Return by trade union, organisation, etc.

Outmoded provision

102 -

Notice to trade union, etc., requiring return

Outmoded provision

103 -

Return by newspaper proprietor

Outmoded provision