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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commonwealth Electoral Amendment
(Integrity of Elections) Bill 2021
No. , 2021
(Senator Roberts)
A Bill for an Act to amend the
Commonwealth
Electoral Act 1918
, and for related purposes
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Integrity of federal elections
3
Part 1--Main amendments
3
Commonwealth Electoral Act 1918
3
Part 2--Consequential amendments
6
Intelligence Services Act 2001
6
Schedule 2--Voter identification
7
Commonwealth Electoral Act 1918
7
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill
2021
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 is the
Commonwealth Electoral Amendment (Integrity of
5
Elections) Act 2021
.
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 (Integrity of Elections) Bill 2021
No. , 2021
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repealed as set out in the applicable items in the Schedule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
Integrity of federal elections
Schedule 1
Main amendments
Part 1
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
3
Schedule 1--Integrity of federal elections
1
Part 1--Main amendments
2
Commonwealth Electoral Act 1918
3
1 After Part XIX
4
Insert:
5
Part XIXA--Use of technology
6
7
286AA Interpretation
8
In this part:
9
authorised technology
means any technology:
10
(a) used as authorised or required by this Act; or
11
(b) used by the Electoral Commission in connection with its
12
functions under this Act.
13
cyber integrity
of a federal election
means that the authorised
14
technology used during the election is:
15
(a) protected from access, interference and impairment by
16
unauthorised parties; and
17
(b) only accessible by authorised parties.
18
federal election
means a General election, House of
19
Representatives election or Senate election.
20
286AB Auditing of authorised technology at federal elections
21
(1) The Auditor General's functions include the conducting of audits
22
of the use of authorised technology at federal elections.
23
(2) The Auditor-General must conduct audits of authorised technology
24
used at federal elections and the results of those audits must be
25
provided to the Electoral Commissioner:
26
(a) at least 7 days before voting commences in each federal
27
election; and
28
Schedule 1
Integrity of federal elections
Part 1
Main amendments
4
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
No. , 2021
(b) within 60 days after the return of the writs for each federal
1
election.
2
(3) Without limiting the content of the audits, the Auditor-General
3
must determine whether the use of authorised technology:
4
(a) produces the same result as would be obtained without the
5
use of authorised technology; or
6
(b) if it is used to store information--replicates the information
7
that would be stored without the use of authorised
8
technology.
9
(4) The Auditor-General may make recommendations to the Electoral
10
Commissioner in relation to reducing or eliminating any risks to
11
authorised technology that could affect the security, accuracy or
12
integrity of voting.
13
286AC Auditing of authorised technology at commencement of this
14
section
15
(1) As soon as possible after the commencement of this section, the
16
Auditor-General must conduct an audit of authorised technology
17
that is to be used at the next federal election after the
18
commencement of this section.
19
(2) However, if the writs for the next federal election after the
20
commencement of this section are issued within 6 weeks after the
21
commencement of this section, the audit must be conducted after
22
the return of the writs for that election.
23
(3) Without limiting the content of the audit, the Auditor-General must
24
determine whether any authorised technology that is to be used:
25
(a) produces the same result as would be obtained without the
26
use of authorised technology; or
27
(b) if it is to be used to store information--replicates the
28
information that would be stored without the use of
29
authorised technology.
30
(4) The Auditor-General must advise the Electoral Commissioner in
31
relation to whether any authorised technology that is to be used at
32
the next federal election is fit for purpose.
33
Integrity of federal elections
Schedule 1
Main amendments
Part 1
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
5
286AD Ensuring cyber integrity of federal elections
1
(1) The Australian Signals Directorate's functions include ensuring the
2
cyber integrity of federal elections during the period:
3
(a) starting at the issue of writs for a federal election; and
4
(b) ending at the return of writs for that federal election.
5
(2) Without limiting subsection (1), the Australian Signals Directorate
6
must prevent and disrupt any interference with the cyber integrity
7
of federal elections.
8
(3) The Director-General of the Australian Signals Directorate must
9
advise the Electoral Commissioner on the cyber integrity of each
10
federal election.
11
Schedule 1
Integrity of federal elections
Part 2
Consequential amendments
6
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
No. , 2021
Part 2--Consequential amendments
1
Intelligence Services Act 2001
2
2 At the end of subsection 7(1)
3
Add:
4
; and (g) any functions given to the ASD by the
Commonwealth
5
Electoral Act 1918
.
6
Voter identification
Schedule 2
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
7
Schedule 2--Voter identification
1
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
community identity document
means a document prescribed by
6
rules made under section 394A.
7
Indigenous person
means a person who is:
8
(a) a member of the Aboriginal race of Australia; or
9
(b) a descendant of an Indigenous inhabitant of the Torres Strait
10
Islands.
11
proof of identity document
means any of the following:
12
(a) a current driver's licence issued by or on behalf of an
13
authority of an Australian State or Territory;
14
(b) a current Australian passport;
15
(c) a current proof of age card issued by or on behalf of an
16
authority of a State or Territory;
17
(d) a current identification card issued by or on behalf of an
18
authority of the Commonwealth or an authority of a State or
19
Territory;
20
Example: A Commonwealth seniors health card, low income health care
21
card, Medicare card, pensioner concession card or veterans'
22
health card.
23
(e) an enrolment acknowledgement letter issued by the Electoral
24
Commission within the preceding 12 months;
25
(f) an account or notice issued by a local government authority
26
or utility provider within the preceding 12 months;
27
Example: A council rates notice, electricity account statement, gas account
28
statement or water bill.
29
(g) an account statement issued within the preceding 12 months
30
by a carriage service provider as defined by section 87 of the
31
Telecommunications Act 1997
;
32
Example: A telephone bill or internet bill.
33
Schedule 2
Voter identification
8
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
No. , 2021
(h) a notice of assessment issued under section 166 of the
1
Income Tax Assessment Act 1936
within the preceding 12
2
months;
3
(i) a community identity document;
4
(j) any other document in relation to the elector that is
5
recognised as proof of identity under a law of the
6
Commonwealth, a State or a Territory.
7
2 After paragraph 200DG(1)(b)
8
Insert:
9
(ba) the voter has shown the voter's proof of identity document to
10
a voting officer; and
11
(bb) the voting officer is reasonably satisfied that the voter is a
12
particular person on a copy of the certified list of voters, or
13
on an approved list of voters, for a particular Division; and
14
3 Paragraph 200DG(2)(b)(ii)
15
Omit "subsection 200DI(1)", substitute "paragraph 200DI(1)(b)".
16
4 Paragraph 200DG(2)(c)
17
Repeal the paragraph.
18
5 Section 200DI
19
Repeal the section, substitute:
20
200DI Voter identification and questions to be put to voter
21
(1) A voting officer must:
22
(a) request to be shown the proof of identity document of each
23
person attending before the voting officer, and claiming to
24
vote in an election or elections (as the case requires); and
25
(b) put to the person questions in relation to:
26
(i) the person's full name; and
27
(ii) the person's place of living; and
28
(iii) whether the person has voted before in the election or
29
elections (as the case requires).
30
(2) For the purpose of paragraph 200DG(1)(bb), when considering
31
whether the voting officer is reasonably satisfied that the person
32
Voter identification
Schedule 2
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
9
claiming to vote is a particular person on a copy of the certified list
1
of voters or on an approved list of voters for a particular Division,
2
the voting officer must take into account only:
3
(a) if the person shows the person's proof of identity document
4
as requested under paragraph (1)(a)--the proof of identity
5
document; and
6
(b) the answers the person gives to the questions put to the
7
person under subparagraphs (1)(b)(i) and (ii);
8
Note:
The person is not entitled to vote by pre-poll ordinary vote if the
9
person answers a question under paragraph 200DI(1)(b) so as to
10
indicate that the person has voted before in the relevant election or
11
elections (as the case requires), see subparagraph 200DG(2)(b)(ii).
12
6 Section 229
13
Repeal the section, substitute:
14
229 Voter identification and questions to be put to voter
15
(1) A presiding officer or polling official must:
16
(a) request to be shown the proof of identity document of each
17
person attending before the officer or official, and claiming
18
to vote in an election or elections (as the case requires); and
19
(b) put to the person questions in relation to:
20
(i) the person's full name; and
21
(ii) the person's place of living; and
22
(iii) whether the person has voted before in the election or
23
elections (as the case requires).
24
(2) In addition to the questions put under paragraph (1)(b), the officer
25
or official must ask each person claiming to vote as an absent voter
26
in an election to identify the Division for which the person is
27
enrolled.
28
(3) A person's claim to vote must (subject to section 235) be rejected
29
if:
30
(a) any of the following applies:
31
(i) the person does not show the person's proof of identity
32
document to the presiding officer or polling official as
33
requested under paragraph (1)(a);
34
Schedule 2
Voter identification
10
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
No. , 2021
(ii) the person refuses to fully answer any of the questions
1
put to the person under paragraph (1)(b);
2
(iii) the person answers a question put to the person under
3
paragraph (1)(b) so as to indicate that the person has
4
voted before in the relevant election or elections (as the
5
case requires); and
6
(b) the presiding officer:
7
(i) is satisfied that subparagraph (a)(i), (ii), or (iii) applies
8
in relation to the person; or
9
(ii) is not reasonably satisfied that the person is a particular
10
person on a copy of the certified list of voters or on an
11
approved list of voters for a particular Division.
12
Note:
Section 235 deals with provisional votes.
13
(4) For the purpose of subparagraph (3)(b)(ii), when considering
14
whether the presiding officer is reasonably satisfied that the person
15
claiming to vote is a particular person on a copy of the certified list
16
of voters or on an approved list of voters for a particular Division,
17
the presiding officer must take into account only:
18
(a) if the person shows the person's proof of identity document
19
as requested under paragraph (1)(a)--the proof of identity
20
document; and
21
(b) the answers the person gives to the questions put to the
22
person under subparagraphs (1)(b)(i) and (ii).
23
7 Paragraph 231(1)(a)
24
Repeal the paragraph, substitute:
25
(a) if the person's claim to vote is not rejected under
26
subsection 229(3); or
27
8 After paragraph 235(1)(a)
28
Insert:
29
(aa) the person does not show the person's proof of identity
30
document to the presiding officer or polling official; or
31
9 Paragraph 235(1)(c)
32
Repeal the paragraph, substitute:
33
Voter identification
Schedule 2
No. , 2021
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
11
(c) questions are put to the voter under
1
subparagraph 229(1)(b)(i) or (ii) and the person refuses to
2
fully answer any of the questions; or
3
10 After paragraph 235(1)(c)
4
Insert:
5
(ca) the presiding officer or polling official is not reasonably
6
satisfied that the person claiming to vote is a particular
7
person on the certified list of voters, or an approved list of
8
voters, for a particular Division; or
9
11 After subsection 235(1)
10
Insert:
11
(1AA) For the purpose of paragraph 235(1)(ca), when considering
12
whether the officer or official is reasonably satisfied that the person
13
claiming to vote is a particular person on the certified list of voters
14
or on an approved list of voters for a particular Division, the officer
15
or official must take into account only:
16
(a) if the person shows the person's proof of identity document
17
as requested under subparagraph 229(1)(a)--the proof of
18
identity document; and
19
(b) the answers the person gives to the questions put to the
20
person under subparagraph 229(1)(b).
21
12 After section 394
22
Insert:
23
394A Electoral Commissioner to make rules related to community
24
identity documents
25
(1) The Electoral Commissioner must, by legislative instrument, make
26
rules to prescribe:
27
(a) the circumstances in which a document is a
community
28
identity document
; and
29
(b) the form of a community identity document; and
30
(c) matters necessary or convenient to be prescribed in relation
31
to the use of a community identity document as a proof of
32
identity document.
33
Schedule 2
Voter identification
12
Commonwealth Electoral Amendment (Integrity of Elections) Bill 2021
No. , 2021
(2) The rules must provide for an employee of a local health or welfare
1
service to give a community identity document in relation to a
2
person if:
3
(a) the employee is satisfied of the identity of the person; and
4
(b) the person is one or more of the following:
5
(i) an itinerant elector;
6
(ii) an Indigenous person in a remote area;
7
(iii) a disadvantaged person.
8
(3) The rules may provide for:
9
(a) only specified employees of a local health or welfare service
10
to issue a community identity document; and
11
(b) the meaning of terms including but not limited to the
12
following:
13
(i) disadvantaged;
14
(ii) remote area;
15
(iii) employee of a local health or welfare service; and
16
(c) the matters that an employee of a local health or welfare
17
service must or may take into account when considering
18
whether:
19
(i) the employee is satisfied of the identity of a person
20
under paragraph (2)(a); and
21
(ii) a person is a person referred to in paragraph (2)(b).
22
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
23
2003
.
24