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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTORAL AND REFERENDUM AMENDMENT (MAINTAINING ADDRESS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral and Referendum Amendment
(Maintaining Address) Bill 2011
No. , 2011
(Special Minister of State)
A Bill for an Act to amend the law relating to
elections and referendums, and for related
purposes
i Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Requiring information for Rolls
3
Commonwealth Electoral Act 1918
3
Schedule 2--Updating enrolment without claim
4
Commonwealth Electoral Act 1918
4
Referendum (Machinery Provisions) Act 1984
8
Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to
1
elections and referendums, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Electoral and Referendum
6
Amendment (Maintaining Address) Act 2011.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. ,
2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Requiring information for Rolls Schedule 1
Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. , 2011
3
Schedule 1--Requiring information for Rolls
1
2
Commonwealth Electoral Act 1918
3
1 Subsection 28(4) (paragraph (a) of the definition of
4
enrolment powers and functions)
5
Omit "and 87", substitute ", 87 and 92".
6
2 Subsection 92(1)
7
Omit "Electoral Commission" (first occurring), substitute "Electoral
8
Commissioner".
9
3 Subsection 92(1)
10
Omit "its", substitute "the Electoral Commissioner's".
11
4 Subsection 92(1)
12
Omit "Electoral Commission" (second occurring), substitute "Electoral
13
Commissioner".
14
5 Subsections 92(2) and (3)
15
Omit "Electoral Commission", substitute "Electoral Commissioner".
16
6 Subsection 92(3)
17
Omit "it", substitute "him or her".
18
7 Subsection 92(7)
19
Omit "Electoral Commission", substitute "Electoral Commissioner".
20
8 Subsection 92(7)
21
Omit "the Commission", substitute "the Electoral Commissioner".
22
9 Subsection 92(8)
23
Omit "Electoral Commission", substitute "Electoral Commissioner".
24
25
Schedule 2 Updating enrolment without claim
4 Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. ,
2011
Schedule 2--Updating enrolment without
1
claim
2
3
Commonwealth Electoral Act 1918
4
1 Section 87
5
After "claims or notifications received", insert ", and action taken under
6
section 103A,".
7
2 At the end of section 101
8
Add:
9
(8) If the Electoral Commissioner enters a person's name or address in
10
a Roll under section 103A, proceedings must not be instituted
11
against the person for an offence against subsection (1), (4), (5) or
12
(6) of this section constituted by an omission occurring before that
13
entry.
14
3 After section 103
15
Insert:
16
103A Updating or transferring a person's enrolment without claim
17
or notice from the person
18
Application
19
(1) This section applies if the Electoral Commissioner:
20
(a) is satisfied that a person's address is entered on a Roll (the
21
old Roll); and
22
(b) is satisfied, for reasons other than a claim under section 98
23
and a notice under subsection 101(5), that the person lives at
24
another address (the new address).
25
Notice of proposed action to update or transfer enrolment
26
(2) The Electoral Commissioner may give the person a notice in
27
writing setting out the date of the notice, the new address and the
28
fact that the Electoral Commissioner is satisfied that the person
29
lives at the new address and stating:
30
Updating enrolment without claim Schedule 2
Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. , 2011
5
(a) if the person's residence at the new address entitles the
1
person to have his or her name placed on the old Roll--that
2
the Electoral Commissioner proposes to enter the new
3
address for the person on the old Roll; and
4
(b) if the person's residence at the new address entitles the
5
person to have his or her name transferred to another Roll
6
(the new Roll)--that the Electoral Commissioner proposes:
7
(i) to delete the person's name from the old Roll; and
8
(ii) to enter on the new Roll the person's name and other
9
particulars required by section 83; and
10
(c) in any case--that the Electoral Commissioner will not take
11
the proposed action if satisfied by information given by the
12
person to the Electoral Commissioner within 28 days after
13
the date of the notice that the person does not live at the new
14
address.
15
Taking action to update or transfer enrolment
16
(3) The Electoral Commissioner may take the proposed action
17
described in paragraph (2)(a) or (b) unless satisfied by information
18
given by the person to the Electoral Commissioner within 28 days
19
after the date of the notice that the person does not live at the new
20
address.
21
(4) The Electoral Commissioner may take the action before the end of
22
the 28 days if the person indicates to the Electoral Commissioner
23
within that period that the person does live at the new address.
24
(5) Despite subsections (3) and (4), the Electoral Commissioner must
25
not take the proposed action described in paragraph (2)(b) within a
26
period:
27
(a) starting at 8 pm on the day of the close of the Rolls for an
28
election to be held in a Division to which the new Roll
29
relates; and
30
(b) ending on the close of the poll for the election.
31
Notice of decision or decision not to take action
32
(6) If the Electoral Commissioner takes the proposed action described
33
in paragraph (2)(a) or (b) or decides not to take that action, the
34
Electoral Commissioner must give the person notice in writing of
35
the action or the decision.
36
Schedule 2 Updating enrolment without claim
6 Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. ,
2011
(7)
If:
1
(a) under subsection (6) the Electoral Commissioner gives the
2
person notice in writing of the action; and
3
(b) the Electoral Commissioner has received a claim for transfer
4
of the person's enrolment to the new address;
5
the Electoral Commissioner need not give the person notice under
6
subparagraph 102(1)(b)(ii).
7
Electronic notification
8
(8) A notice may be given under this section by an electronic
9
communication as defined in the Electronic Transactions Act 1999,
10
whether or not the person consents as described in paragraph
11
9(2)(d) of that Act. This does not limit the ways in which the notice
12
may be given.
13
4 At the end of section 114
14
Add:
15
(6) The Electoral Commissioner must not object under subsection (2)
16
or (4) of this section to the enrolment of a person if the Electoral
17
Commissioner has given the person a notice under subsection
18
103A(2) after becoming aware of the grounds mentioned in
19
subsection (2) or (4) of this section.
20
5 At the end of section 116
21
Add:
22
(5) The Electoral Commissioner must dismiss an objection under
23
subsection 114(1) or (1B) without giving notice to the challenged
24
elector, and repay the objector the amount of $2 lodged with the
25
objection, if:
26
(a) the Electoral Commissioner gave the challenged elector a
27
notice under subsection 103A(2) before the objection was
28
made; and
29
(b) the Electoral Commissioner is satisfied that the objection
30
does not provide any information inconsistent with the
31
information the Electoral Commissioner considered in
32
deciding to give the notice.
33
Updating enrolment without claim Schedule 2
Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. , 2011
7
(6) The Electoral Commissioner must dismiss an objection, except one
1
under subsection 114(1A), without giving notice to the challenged
2
elector if the Electoral Commissioner gives the challenged elector
3
a notice under subsection 103A(2) after the objection was made but
4
before giving notice of the objection.
5
6 At the end of paragraph 118(1)(b)
6
Add "of the objection".
7
7 After subsection 118(1)
8
Insert:
9
(1A) However, the Electoral Commissioner must not determine an
10
objection other than one under subsection 114(1A) if, after giving
11
notice of the objection, the Electoral Commissioner gives the
12
challenged elector a notice under subsection 103A(2).
13
8 At the end of section 118
14
Add:
15
If objection is not determined because of notice under subsection
16
103A(2)
17
(9) If the Electoral Commissioner does not determine an objection
18
because, after giving notice of the objection, the Electoral
19
Commissioner gives the challenged elector a notice under
20
subsection 103A(2), the Electoral Commissioner:
21
(a) must, if the objection is a private objection:
22
(i) give the objector written notice in the approved form
23
that the Electoral Commissioner will not determine the
24
objection; and
25
(ii) repay the objector the amount of $2 lodged with the
26
objection; and
27
(b) must give the challenged elector notice that the Electoral
28
Commissioner will not determine the objection; and
29
(c) may give the notice to the challenged elector in the same way
30
as the Electoral Commissioner gives the notice under
31
subsection 103A(2).
32
9 Subsection 120(2)
33
Schedule 2 Updating enrolment without claim
8 Electoral and Referendum Amendment (Maintaining Address) Bill 2011 No. ,
2011
Omit ", under section 114, that the objection has been dismissed",
1
substitute "under section 118 that the objection has been dismissed or
2
that the Electoral Commissioner will not determine the objection".
3
10 After paragraph 120(3)(a)
4
Insert:
5
(aaa) a person is notified under subsection 103A(6) that action has
6
been taken under subsection 103A(3) or (4); or
7
11 After paragraph 120(3)(e)
8
Insert:
9
(ea) the action taken under subsection 103A(3) or (4); or
10
12 Paragraph 121(1)(g)
11
After "objection", insert "or not to determine an objection because of
12
subsection 118(1A)".
13
13 Paragraph 390(1)(a)
14
After "this Act", insert ", a copy of a notice given under section 103A
15
or anything received in response to a notice given under subsection
16
103A(2)".
17
14 Paragraph 390(1)(b)
18
After "enrolment under this Act", insert ", or anything done under
19
subsection 103A(2), (3), (4) or (6)".
20
15 Subsection 390A(1)
21
After "transfer of enrolment", insert ", a copy of a notice given under
22
section 103A, or anything received in response to a notice given under
23
subsection 103A(2),".
24
Referendum (Machinery Provisions) Act 1984
25
16 After paragraph 4(2)(a)
26
Insert:
27
(aa) a name must not be deleted from a roll or entered on another
28
roll under section 103A of the Commonwealth Electoral Act
29
1918 during the suspension period; and
30