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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Electoral Amendment
Bill 2016
No. , 2016
(Finance)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918, and for related purposes
No. , 2016
Commonwealth Electoral Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Senate voting
3
Commonwealth Electoral Act 1918
3
Part 2--Registered officers and deputy registered officers
15
Division 1--Amendments
15
Commonwealth Electoral Act 1918
15
Division 2--Application provisions
17
Part 3--Party logos
19
Division 1--Amendments
19
Commonwealth Electoral Act 1918
19
Division 2--Application provision
26
No. , 2016
Commonwealth Electoral Amendment Bill 2016
1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Commonwealth Electoral Amendment
5
Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Commonwealth Electoral Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Senate voting Part 1
No. , 2016
Commonwealth Electoral Amendment Bill 2016
3
Schedule 1
--Amendments
1
Part 1
--Senate voting
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
above the line: a square is printed above the line on a ballot paper
6
if the square is printed on the ballot paper in accordance with
7
subparagraph 210(1)(f)(ii).
8
dividing line means the line on a ballot paper that separates the
9
voting method described in subsection 239(1) from the voting
10
method described in subsection 239(2).
11
2 Paragraph 169(4)(b)
12
Repeal the paragraph, substitute:
13
(b) the candidates have made a request under section 168 that
14
their names be grouped in the ballot papers for the election;
15
3 Subsection 169(4)
16
After "the request", insert "under subsection (1)".
17
4 Subsection 169(4)
18
Omit "in relation to the group in accordance with subsection 211(5)",
19
substitute "above the line in relation to the group".
20
5 Paragraphs 195A(5)(b) and (c)
21
Repeal the paragraphs, substitute:
22
(b) keep the envelope in the ballot-box until the ballot-box is
23
forwarded to the designated Divisional Returning Officer as
24
required by subsection 227(10); and
25
(c) when so forwarding the ballot-box to the designated
26
Divisional Returning Officer, also forward to that Officer the
27
record made by the mobile polling team leader under
28
paragraph (2)(e).
29
Schedule 1 Amendments
Part 1 Senate voting
4
Commonwealth Electoral Amendment Bill 2016
No. , 2016
6 Paragraph 210(1)(f)
1
Repeal the paragraph, substitute:
2
(f) except as otherwise provided by the regulations:
3
(i) a square must be printed opposite the name of each
4
candidate; and
5
(ii) for candidates who made a request under section 168
6
that their names be grouped in the ballot papers for the
7
election--a square must be printed above the dividing
8
line and above the squares printed opposite those
9
names.
10
7 Subsection 210(2)
11
Repeal the subsection.
12
8 Subsection 210A(5)
13
Omit ", in accordance with subsection 211(5),", substitute "above the
14
line".
15
9 Sections 211 and 211A
16
Repeal the sections.
17
10 Paragraphs 214(2)(d) and (e)
18
Omit ", in accordance with subsection 211(5),", substitute "above the
19
line".
20
11 Section 216
21
Repeal the section.
22
12 Subsection 226(3)
23
Repeal the subsection.
24
13 Subparagraph 227(8)(a)(i)
25
Omit ", group voting tickets registered for the purposes of the election".
26
14 Subsection 227(10)
27
Omit "Assistant Returning Officer", substitute "Divisional Returning
28
Officer".
29
Amendments Schedule 1
Senate voting Part 1
No. , 2016
Commonwealth Electoral Amendment Bill 2016
5
15 Subsection 228(1)
1
Omit "Assistant Returning Officer designated for the purposes of this
2
subsection by the Divisional Returning Officer", substitute "Divisional
3
Returning Officer designated for the purposes of this subsection by the
4
Australian Electoral Officer for the relevant State or Territory".
5
16 Subsection 228(2)
6
Repeal the subsection.
7
17 Subsection 228(3)
8
Repeal the subsection, substitute:
9
(3) Each Divisional Returning Officer for a Division, to whom a
10
ballot-box is forwarded under subsection (1) or subsection 227(10)
11
must:
12
(a) compare the particulars on the envelopes with the particulars
13
appearing in the relevant records forwarded to the Divisional
14
Returning Officer under this Act, note the number of
15
envelopes and report any discrepancy to the Australian
16
Electoral Officer for the State or Territory that includes the
17
Division; and
18
(b) maintain a record of the particulars of the advices, and of the
19
number of envelopes bearing certificates or declarations,
20
received from each presiding officer and pre-poll voting
21
officer; and
22
(c) until they are dealt with under other provisions of this Act,
23
keep the envelopes received from presiding officers and
24
pre-poll voting officers in one or more securely fastened
25
ballot-boxes; and
26
(d) compare the record referred to in paragraph (b) with the
27
envelopes received and note any discrepancy.
28
18 Subsection 235(8)
29
Omit "Assistant Returning Officer", substitute "Divisional Returning
30
Officer".
31
19 Before subsection 239(1)
32
Insert:
33
Schedule 1 Amendments
Part 1 Senate voting
6
Commonwealth Electoral Amendment Bill 2016
No. , 2016
Voting below the line
1
20 Subsections 239(2) and (3)
2
Repeal the subsections, substitute:
3
Voting above the line
4
(2) A vote may be marked on a ballot paper by:
5
(a) writing at least the numbers 1 to 6 in the squares (if any)
6
printed on the ballot paper above the line (with the number 1
7
being given to the party or group for whom the person votes
8
as his or her first preference, and the numbers 2, 3, 4, 5 and 6
9
being given to other parties or groups so as to indicate the
10
order of the person's preference for them); or
11
(b) if there are 6 or fewer squares printed on the ballot paper
12
above the line--numbering the squares consecutively from
13
the number 1 (in order of preference as described in
14
paragraph (a)).
15
Note:
See also section 269 for when the vote is formal.
16
Candidates who die before polling day
17
21 Subsection 260(5)
18
Omit "subsections 273(4) and", substitute "subsection".
19
22 Section 269 (heading)
20
Repeal the heading, substitute:
21
269 Formal votes above the line
22
23 Subsection 269(1)
23
Repeal the subsection, substitute:
24
(1) A ballot paper in a Senate election is not informal under
25
paragraph 268(1)(b) if:
26
(a) the voter has marked the ballot paper in accordance with
27
subsection 239(2); or
28
(b) the voter has marked the number 1, or the number 1 and one
29
or more higher numbers, in squares printed on the ballot
30
paper above the line.
31
Amendments Schedule 1
Senate voting Part 1
No. , 2016
Commonwealth Electoral Amendment Bill 2016
7
(1A) For the purposes of this Act:
1
(a) a voter who, in a square printed on the ballot paper above the
2
line, marks only a single tick or cross is taken as having
3
written the number 1 in the square; and
4
(b) the following numbers written in a square printed on the
5
ballot paper above the line are to be disregarded:
6
(i) numbers that are repeated and any higher numbers;
7
(ii) if a number is missed--any numbers that are higher
8
than the missing number.
9
Votes that are formal both above and below the line
10
24 Subsection 269(2)
11
After "subsection 239(2)" (wherever occurring), insert "or
12
paragraph (1)(b) of this section".
13
25 Subsections 269(3) and (4)
14
Repeal the subsections.
15
26 Section 270 (heading)
16
Repeal the heading, substitute:
17
270 Certain votes below the line with non-consecutive numbers to be
18
formal
19
27 Subparagraph 270(1)(b)(i)
20
Omit "3", substitute "5".
21
28 Section 272
22
Repeal the section, substitute:
23
272 Treatment of Senate ballot papers of voters who have voted
24
above the line
25
(1) This section applies if:
26
(a) a ballot paper for a Senate election is marked in accordance
27
with subsection 239(2) or paragraph 269(1)(b); and
28
(b) one or more numbers, that are not disregarded under
29
paragraph 269(1A)(b), are written in squares printed on the
30
Schedule 1 Amendments
Part 1 Senate voting
8
Commonwealth Electoral Amendment Bill 2016
No. , 2016
ballot paper above the line in relation to groups of candidates
1
(each group being a preferenced group).
2
(2) The ballot paper is taken to have been marked as if, instead of the
3
numbers referred to in paragraph (1)(b):
4
(a) each candidate in a preferenced group was given a different
5
number starting from 1; and
6
(b) candidates in a preferenced group were numbered
7
consecutively starting with the candidate whose name on the
8
ballot paper is at the top of the group to the candidate whose
9
name is at the bottom; and
10
(c) the order in which candidates in different preferenced groups
11
are numbered is worked out by reference to the order in
12
which the groups were numbered on the ballot paper, starting
13
with the group marked 1; and
14
(d) when all the candidates in a preferenced group have been
15
numbered, the candidate whose name is at the top of the next
16
preferenced group is given the next consecutive number.
17
29 Subsections 273(2) to (6)
18
Repeal the subsections, substitute:
19
(2) An Assistant Returning Officer must take the following steps in the
20
presence of a polling official, and of any authorised scrutineers
21
who attend:
22
(a) exhibit each securely fastened ballot-box for the inspection of
23
the scrutineers;
24
(b) record the condition of the ballot-box;
25
(c) open the ballot-box and:
26
(i) remove the ballot papers from the box; and
27
(ii) count the ballot papers without inspecting them; and
28
(iii) record the number of ballot papers removed from the
29
box;
30
(d) make, sign and keep a copy of a statement (which may be
31
countersigned by a polling official, and by any scrutineers
32
who are present if they so desire) setting out the number of
33
ballot papers;
34
(e) seal up the ballot papers in a securely fastened container and
35
endorse on each container a description of the contents of the
36
Amendments Schedule 1
Senate voting Part 1
No. , 2016
Commonwealth Electoral Amendment Bill 2016
9
container, and permit any scrutineers present, if they so
1
desire, to countersign the endorsement;
2
(f) transmit the container to the Divisional Returning Officer for
3
the relevant Division as soon as practicable, together with the
4
statement under paragraph (d).
5
(3) The Divisional Returning Officer for a Division must:
6
(a) in relation to containers of ballot papers for the Division
7
received under paragraph (2)(f), do the following:
8
(i) open the containers of ballot papers;
9
(ii) check the accuracy of the statement made under
10
paragraph (2)(d) by carrying out the step in
11
paragraph (2)(c);
12
(iii) repeat the steps in paragraphs (2)(d) and (e); and
13
(b) in relation to ballot-boxes for the Division received under this
14
Act by the Divisional Returning Officer--repeat the steps in
15
paragraphs (2)(c) to (e); and
16
(c) keep a copy of:
17
(i) the statement made under paragraph (2)(d) by the
18
Assistant Returning Officer; and
19
(ii) the statements made by the Divisional Returning Officer
20
under that paragraph (as a result of subparagraph (a)(iii)
21
and paragraph (b) of this subsection); and
22
(d) transmit the containers sealed under paragraph (2)(e) (as a
23
result of subparagraph (a)(iii) and paragraph (b) of this
24
subsection) to the Australian Electoral Officer for the State
25
that includes the Division as soon as practicable, together
26
with the statements made by the Divisional Returning
27
Officer.
28
(4) An Australian Electoral Officer must:
29
(a) scrutinise all ballot papers received by him or her under
30
paragraph (3)(d); and
31
(b) reject any informal ballot papers; and
32
(c) make, sign and keep a record of the preferences on the ballot
33
papers that have been received by him or her (including
34
informal ballot papers, and formal ballot papers that are not
35
sequentially numbered).
36
Schedule 1 Amendments
Part 1 Senate voting
10
Commonwealth Electoral Amendment Bill 2016
No. , 2016
30 Subsection 273(19)
1
Repeal the subsection, substitute:
2
(19) At the conclusion of the scrutiny, the Australian Electoral Officer
3
must place in containers all ballot papers transmitted to the officer
4
under paragraph (3)(d), seal the containers and endorse a
5
description of the contents on each container.
6
31 Subsection 273A(2)
7
Repeal the subsection.
8
32 Subsection 273A(3)
9
Repeal the subsection.
10
33 Subsection 273A(4)
11
After "or her", insert "under paragraph 273(3)(d)".
12
34 Subsection 273A(6)
13
After "proceedings under", insert "section 273 and".
14
35 After subsection 273A(6)
15
Insert:
16
Statements setting out numbers of ballot papers
17
(6A) After complying with subsections (4) and (5), the Australian
18
Electoral Officer must make, sign and keep a copy of a statement
19
(which may be countersigned by any scrutineers who are present if
20
they so desire) setting out the number of ballot papers scrutinised
21
by the officer under those subsections.
22
36 Paragraph 273A(7)(a)
23
Omit "parcels" (wherever occurring), substitute "containers".
24
37 Paragraphs 273A(7)(c) to (e)
25
Repeal the paragraphs, substitute:
26
(c) after scrutinising all the ballot papers, restore the ones that
27
were in containers to their original containers, and place the
28
remaining ballot papers in one or more containers;
29
Amendments Schedule 1
Senate voting Part 1
No. , 2016
Commonwealth Electoral Amendment Bill 2016
11
(d) seal up all the containers and write on each container:
1
(i) the number of ballot papers in the container; and
2
(ii) a statement that all the ballot papers have been the
3
subject of decisions by the Australian Electoral Officer;
4
(e) sign each container and permit other persons who were
5
present when the ballot papers were scrutinised to add their
6
signatures.
7
38 Subsection 273A(10)
8
Repeal the subsection.
9
39 Subsection 282(4)
10
After "subsection 239(2)" (wherever occurring), insert "or
11
paragraph 269(1)(b)".
12
40 Subsection 393A(2)
13
Omit "273(5)(f)", substitute "273(3)(d)".
14
41 Schedule 1 (Form E)
15
Repeal the form, substitute:
16
Schedule 1 Amendments
Part 1 Senate voting
12
Commonwealth Electoral Amendment Bill 2016
No. , 2016
Section 209
FORM E
SENATE BALLOT PAPER
(5)
ELECTION OF (6)
SENATORS
You may vote in one
of two ways
By numbering at least 6 of
these boxes in the order of
your choice (with number 1
as your first choice)*
(8)
A
(2)
(8)
B
(2)
(8)
C
(2)
(8)
D
(4)
E
(4)
(8)
F
(2)
G
(4)
H
(4)
either
Amendments Schedule 1
Senate voting Part 1
No. , 2016
Commonwealth Electoral Amendment Bill 2016
13
A
(2)
B
(2)
C
(2)
D
(2)
E
(2)
F
(2)
G
(2)
H
(2)
Ungrouped
By numbering these boxes 1
to (7) in the order of your
choice (with number 1 as
your first choice)
(1) Here insert name of a candidate.
(2) Here insert name of a registered political party or composite name of registered political parties if to be printed.
(3) Here insert the name of a registered political party if to be printed.
(4) Here insert name of a registered political party or word 'Independent' if to be printed.
(5) Here insert name of State or Territory and year of election.
(6) Here insert number of vacancies.
(7) Here insert number of candidates.
(8) Here insert the logo of a registered political party if to be printed.
* If the ballot paper has 6 or fewer squares above the line, replace the instruction with "By numbering these boxes in the order of your choice (with number 1 as your
first choice)".
or
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(4)
(1)
(4)
(1)
(4)
(1)
(3)
(1)
(3)
(1)
(3)
(1)
(4)
(1)
(4)
(1)
(4)
(1)
(4)
(1)
(4)
No. , 2016
Commonwealth Electoral Amendment Bill 2016
14
42 Schedule 1 (Form F)
1
Repeal the form, substitute:
2
Section 209
3
FORM F
4
5
BALLOT PAPER
HOUSE OF REPRESENTATIVES
[here insert name of State or Territory as appropriate]
Electoral Division of [here insert name of Division].
Number the boxes from 1 to [here insert number of candidates] in the order of your choice
[1
Here insert name of a candidate.
2
Here insert name of a registered political
party, composite name of registered political parties
or "Independent" if to be printed.
3 Here insert logo of a registered party if to be printed.]
Remember. . . . number every box to make your vote count.
6
1
2
1
2
1
2
1
2
3
3
3
Amendments Schedule 1
Registered officers and deputy registered officers Part 2
No. , 2016
Commonwealth Electoral Amendment Bill 2016
15
Part 2
--Registered officers and deputy registered
1
officers
2
Division 1
--Amendments
3
Commonwealth Electoral Act 1918
4
43 At the end of subsection 4C(1)
5
Add:
6
Note:
A person must not be the registered officer or a deputy registered
7
officer of more than one registered political party at a particular time
8
(see subsection 126(2B)).
9
44 Paragraph 4C(3)(a)
10
Omit "shall", substitute "must".
11
45 At the end of paragraph 4C(3)(a)
12
Add "and".
13
46 Paragraph 4C(3)(b)
14
Omit "shall", substitute "must".
15
47 After paragraph 4C(3)(b)
16
Insert:
17
(ba) must include a signed declaration by the person nominated
18
that subsection 126(2B) is not contravened by lodging the
19
nomination of the person as the deputy registered officer; and
20
48 At the end of section 4C
21
Add:
22
(4) A nomination of a person as a deputy registered officer under
23
subsection (2) is invalid if subsection 126(2B) is contravened by
24
lodging the nomination of the person as the deputy registered
25
officer.
26
49 Before subsection 126(1)
27
Insert:
28
Schedule 1 Amendments
Part 2 Registered officers and deputy registered officers
16
Commonwealth Electoral Amendment Bill 2016
No. , 2016
Who may make an application
1
50 Before subsection 126(2)
2
Insert:
3
Requirements for an application
4
51 Before subsection 126(2A)
5
Insert:
6
A person must not be a member of more than one registered
7
political party
8
52 After subsection 126(2A)
9
Insert:
10
A person must not be a registered officer etc. of more than one
11
registered political party
12
(2B) A person must not, at a particular time, be:
13
(a) the registered officer of more than one registered political
14
party; or
15
(b) a deputy registered officer of more than one registered
16
political party; or
17
(c) the registered officer of one registered political party and a
18
deputy registered officer of another registered political party.
19
The registration of a political party is not to be cancelled because
20
of this subsection unless the Electoral Commission has taken
21
action to determine whether the party should be deregistered
22
because of paragraph 137(1)(cc).
23
Note:
The registered officer of a registered political party may be changed at
24
any time under paragraph 134(1)(g).
25
(2C) Subsection (2B) does not prevent a person from being both:
26
(a) the registered officer or a deputy registered officer of a
27
registered political party for the purposes of this Act; and
28
(b) the registered officer or a deputy registered officer (however
29
described), for the purposes of an Act of a State or Territory
30
or an Ordinance of an external Territory, of a political party
31
or a branch of a political party.
32
Amendments Schedule 1
Registered officers and deputy registered officers Part 2
No. , 2016
Commonwealth Electoral Amendment Bill 2016
17
Electoral Commission to deal with application
1
53 At the end of subsection 131(1)
2
Add:
3
Note:
For example, if an application to register a political party would be
4
refused because subsection 126(2B) would be contravened, the party
5
could change the person who is to be the registered officer of the party
6
so subsection 126(2B) is not contravened.
7
54 At the end of subsection 134(1)
8
Add:
9
Note:
A person must not be the registered officer or a deputy registered
10
officer of more than one registered political party at a particular time
11
(see subsection 126(2B)).
12
55 Paragraph 134(4)(c)
13
Omit "a reference in subparagraph 132(2)(b)(ii) to section 126",
14
substitute "the reference in subparagraph 132(2)(b)(ii) to section 126
15
(but not the reference to subsection 126(2B))".
16
56 After paragraph 137(1)(cb)
17
Insert:
18
or (cc) a person who is the registered officer or a deputy registered
19
officer of a registered political party is failing to comply with
20
subsection 126(2B) (person must not be registered officer etc.
21
of more than one registered political party);
22
Division 2
--Application provisions
23
57 Application of amendments relating to registered officers
24
and deputy registered officers
25
(1)
The amendments of section 4C of the Commonwealth Electoral Act
26
1918 made by this Part apply in relation to any nominations made after
27
this item commences.
28
(2)
The amendments of section 126 of the Commonwealth Electoral Act
29
1918 made by this Part apply after this item commences in relation to
30
any registered political party (whether registered before or after this
31
item commences).
32
Schedule 1 Amendments
Part 2 Registered officers and deputy registered officers
18
Commonwealth Electoral Amendment Bill 2016
No. , 2016
Note:
A registered political party that, at commencement, has a registered officer or deputy
1
registered officer who is failing to comply with subsection 126(2B) has 90 days to
2
change that officer (see subitem (4)).
3
(3)
The amendments of section 134 of the Commonwealth Electoral Act
4
1918 made by this Part apply in relation to any application made under
5
that section after this item commences.
6
(4)
The amendment of section 137 of the Commonwealth Electoral Act
7
1918 made by this Part applies:
8
(a) in relation to any political party registered after this item
9
commences--after this item commences; and
10
(b) in relation to any political party registered before this item
11
commences--on and after the 90th day after this item
12
commences.
13
(5)
To avoid doubt, subitem (4) does not allow the Electoral Commission to
14
deregister a political party in contravention of section 127 of the
15
Commonwealth Electoral Act 1918.
16
Amendments Schedule 1
Party logos Part 3
No. , 2016
Commonwealth Electoral Amendment Bill 2016
19
Part 3
--Party logos
1
Division 1
--Amendments
2
Commonwealth Electoral Act 1918
3
58 At the end of paragraphs 126(2)(a) and (b)
4
Add "and".
5
59 After paragraph 126(2)(b)
6
Insert:
7
(ba) if the party wishes a logo of the party to be entered in the
8
Register--set out a copy of a logo; and
9
60 At the end of paragraphs 126(2)(c) to (d)
10
Add "and".
11
61 After subsection 126(2)
12
Insert:
13
Requirements for logos
14
(2AA) For the purposes of paragraph (2)(ba), a logo set out in an
15
application must:
16
(a) be in black and white; and
17
(b) meet any other requirements determined under
18
subsection (2AB).
19
(2AB) For the purposes of paragraph (2AA)(b), the Electoral
20
Commissioner may, by legislative instrument, determine
21
requirements in relation to setting out a logo in an application.
22
62 At the end of subsection 126(3)
23
Add:
24
Note:
The Electoral Commission may also decide under section 129A to
25
refuse to enter a logo of the political party in the Register.
26
Schedule 1 Amendments
Part 3 Party logos
20
Commonwealth Electoral Amendment Bill 2016
No. , 2016
63 After section 129
1
Insert:
2
129A Certain party logos not to be entered in the Register
3
The Electoral Commission may refuse to enter in the Register a
4
logo of a political party (the applicant), set out in an application to
5
register the applicant, if, in its opinion, the applicant's logo:
6
(a) is obscene; or
7
(b) is the logo of any other person; or
8
(c) so nearly resembles the logo of any other person that it is
9
likely to be confused with or mistaken for that logo; or
10
(d) is one that a reasonable person would think suggests that a
11
connection or relationship exists between the applicant and a
12
registered political party if that connection or relationship
13
does not in fact exist; or
14
(e) comprises the words "Independent Party" or comprises or
15
contains the word "Independent" and:
16
(i) the name, or an abbreviation or acronym of the name, of
17
a recognised political party (within the meaning of
18
subsection 129(2)); or
19
(ii) matter that so nearly resembles the name, or an
20
abbreviation or acronym of the name, of a recognised
21
political party (within the meaning of
22
subsection 129(2)) that the matter is likely to be
23
confused with or mistaken for that name or that
24
abbreviation or acronym, as the case may be.
25
64 Subsection 131(1)
26
After "refuse the application", insert ", or refuse to enter a logo of the
27
party in the Register,".
28
65 Paragraph 132(2)(b)
29
Repeal the paragraph, substitute:
30
(b) invite any persons who believe that:
31
(i) the application does not relate to an eligible political
32
party; or
33
Amendments Schedule 1
Party logos Part 3
No. , 2016
Commonwealth Electoral Amendment Bill 2016
21
(ii) the application is not in accordance with section 126
1
(including because subsection 126(2B) would be
2
contravened); or
3
(iii) the application should be refused under section 129; or
4
(iv) the Electoral Commission should refuse to enter a logo
5
of the party in the Register under section 129A;
6
to submit written particulars of the grounds for that belief to
7
the Electoral Commission within 1 month after the date of
8
the publication of the notice on the Electoral Commission's
9
website.
10
66 Paragraph 132A(1)(a)
11
After "party concerned", insert "or decides to refuse to enter a logo of
12
the party in the Register".
13
67 At the end of subparagraphs 133(1)(a)(i) and (ii)
14
Add "and".
15
68 After subparagraph 133(1)(a)(ii)
16
Insert:
17
(iia) if a logo of the party was set out in the application, and
18
the Electoral Commission has not decided to refuse to
19
enter the logo in the Register under section 129A--that
20
logo; and
21
69 At the end of subparagraph 133(1)(a)(iv)
22
Add "and".
23
70 At the end of paragraph 133(1)(b)
24
Add "and".
25
71 Paragraph 133(1)(c)
26
After "registered the party,", insert "or entered the logo in the
27
Register,".
28
72 Subsection 133(3)
29
Repeal the subsection, substitute:
30
Schedule 1 Amendments
Part 3 Party logos
22
Commonwealth Electoral Amendment Bill 2016
No. , 2016
(3) If the Electoral Commission refuses an application made by a
1
person to register a political party, or refuses to enter in the
2
Register a logo set out in such an application, the Electoral
3
Commission must give written notice to the person giving reasons
4
for the decision.
5
73 At the end of paragraphs 134(1)(c) to (e)
6
Add "or".
7
74 After paragraph 134(1)(e)
8
Insert:
9
(ea) if the party's logo is entered in the Register--changing that
10
logo to a logo set out in the application; or
11
(eb) if the party's logo is not entered in the Register--entering in
12
the Register the logo set out in the application; or
13
75 Subsection 134(4)
14
Omit "or (e), sections 127, 129,", substitute ", (e), (ea) or (eb),
15
sections 127, 129, 129A,".
16
76 Paragraph 134(6)(c)
17
Omit "or (e)", substitute ", (e), (ea), (eb) or (g)".
18
77 Paragraph 134(8)(a)
19
Omit "or (e)", substitute ", (e), (ea) or (eb)".
20
78 Section 134A (heading)
21
Repeal the heading, substitute:
22
134A Objection to continued use of name or logo
23
79 Paragraph 134A(1)(a)
24
Repeal the paragraph, substitute:
25
(a) the Electoral Commission is satisfied that:
26
(i) the name or logo of the parent party is the same as, or
27
relevantly similar to, the name or logo of the second
28
party and the parties are not related at the time of the
29
objection; or
30
Amendments Schedule 1
Party logos Part 3
No. , 2016
Commonwealth Electoral Amendment Bill 2016
23
(ii) the name or logo of the second party is one that a
1
reasonable person would think suggests that a
2
connection or relationship exists between the second
3
party and the parent party and that connection or
4
relationship does not in fact exist; and
5
(aa) the second party was registered after the commencement of
6
this section; and
7
80 Paragraph 134A(1)(b)
8
After "name", insert "or logo".
9
81 Subparagraph 134A(1)(e)(i)
10
After "name", insert "or logo".
11
82 Subsection 134A(2)
12
After "name" (wherever occurring), insert "or logo".
13
83 Subsection 134A(3)
14
Insert:
15
logo of a registered political party means the logo of the party that
16
is entered in the Register.
17
84 Paragraph 137(1)(ca)
18
Omit "use of a name (within", substitute "use of a name or logo (both
19
within".
20
85 Paragraph 137(1)(ca)
21
After "party's name", insert "or logo".
22
86 Subsection 141(1) (after paragraph (b) of the definition of
23
reviewable decision)
24
Insert:
25
(ba) to enter a logo of a political party in the Register; or
26
(bb) to refuse to enter a logo of a political party in the Register; or
27
87 Subsection 169B(2)
28
Omit "section 214", substitute "sections 214 and 214A".
29
Schedule 1 Amendments
Part 3 Party logos
24
Commonwealth Electoral Amendment Bill 2016
No. , 2016
88 At the end of subsection 209(3)
1
Add:
2
Note:
One effect of this subsection is that party logos are printed only in
3
black on ballot papers.
4
89 After section 214
5
Insert:
6
214A Printing of party logos on ballot papers
7
(1) This section applies if:
8
(a) a logo is, at the time of the declaration of the nominations,
9
entered in the Register in relation to a registered political
10
party; and
11
(b) the party has requested that the logo be used.
12
(2) A ballot paper for a Senate election must have the logo printed
13
adjacent to the square that is printed, in accordance with
14
paragraph 214(2)(d), adjacent to the name of the party.
15
(3) For the purposes of subsection (2), if candidates who have made a
16
request under section 168 are endorsed by more than one political
17
party:
18
(a) no more than 2 logos may be printed adjacent to the square
19
that is printed, in accordance with paragraph 214(2)(d),
20
adjacent to the names of the parties; and
21
(b) if more than 2 of those parties have logos entered in the
22
Register--the parties must notify the Electoral Commission,
23
in writing, which of the logos are to be printed adjacent to
24
that square.
25
(4) A ballot paper for a House of Representatives election must have
26
the logo printed in accordance with Form F in Schedule 1.
27
(5) All logos of registered political parties must be printed on the
28
ballot paper in a uniform size and format.
29
90 Section 366
30
Repeal the section, substitute:
31
Amendments Schedule 1
Party logos Part 3
No. , 2016
Commonwealth Electoral Amendment Bill 2016
25
366 Errors relating to printing of party affiliations
1
The Court of Disputed Returns is not to declare that a person
2
returned as elected was not duly elected, or declare an election
3
void, by reason only that:
4
(a) there was or was not printed on one or more ballot papers
5
used in the election:
6
(i) the name; or
7
(ii) an abbreviation of the name; or
8
(iii) a logo of a political party;
9
adjacent to the name of a candidate or group of candidates; or
10
(b) the name or an abbreviation of the name of a political party
11
printed on one or more ballot papers used in the election was
12
misspelt; or
13
(c) the name, an abbreviation of the name or a logo of a political
14
party printed on one or more ballot papers used in the
15
election was inaccurate or incorrect; or
16
(d) an officer failed to comply with section 210A, 214 or 214A
17
in relation to the election.
18
91 After section 386
19
Insert:
20
386A Immunity from suit
21
No action, suit or proceeding (except proceedings under this Act)
22
lies against the Commonwealth, or a person who has been an
23
officer or employee of the Commonwealth, in relation to anything
24
done in good faith by the Electoral Commission, or an officer or an
25
employee of the Electoral Commission, under this Act in relation
26
to a logo of a party.
27
92 Schedule 1 (Form CA)
28
After:
29
I, [name], the registered officer [or deputy registered officer] of the [name of
30
registered political party] hereby nominate the person named
31
below as a Senator for the above [State/Territory] to serve in the
32
Senate of the Parliament of the Commonwealth.
33
insert:
34
Schedule 1 Amendments
Part 3 Party logos
26
Commonwealth Electoral Amendment Bill 2016
No. , 2016
I wish/do not wish the logo of the [name of registered political party] entered in
1
the Register to appear on the ballot paper.
2
93 Schedule 1 (Form CC)
3
After:
4
I, [name], the registered officer [or deputy registered officer] of the [name of
5
registered political party] hereby nominate the persons named
6
below as Senators for the above [State/Territory] to serve in the
7
Senate of the Parliament of the Commonwealth.
8
insert:
9
I wish/do not wish the logo of the [name of registered political party] entered in
10
the Register to appear on the ballot paper.
11
94 Schedule 1 (Form DA)
12
After:
13
I, [name], the registered officer [or deputy registered officer] of the [name of
14
registered political party] hereby nominate the person named
15
below as a Member of the House of Representatives for the above
16
Division.
17
insert:
18
I wish/do not wish the logo of the [name of registered political party] entered in
19
the Register to appear on the ballot paper.
20
Division 2
--Application provision
21
95 Application of amendments
22
The amendments made by this Part apply after this item commences in
23
relation to any registered political party (whether registered before or
24
after this item commences).
25