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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTORAL AND REFERENDUM AMENDMENT (ENROLMENT AND PRISONER VOTING) BILL 2010
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral and Referendum Amendment
(Enrolment and Prisoner Voting) Bill
2010
No. , 2010
(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 (Enrolment and Prisoner Voting) Bill 2010 No.
, 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to close of Rolls
3
Part 1--Amendments
3
Commonwealth Electoral Act 1918
3
Referendum (Machinery Provisions) Act 1984
6
Part 2--Application
8
Schedule 2--Amendments relating to prisoner voting
9
Part 1--Amendments
9
Commonwealth Electoral Act 1918
9
Referendum (Machinery Provisions) Act 1984
11
Part 2--Application and transitional
12
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010 No. ,
2010 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 (Enrolment and Prisoner Voting) Act 2010.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010
No. , 2010
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repealed as set out in the applicable items in the Schedule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
Amendments relating to close of Rolls Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010 No. ,
2010 3
Schedule 1--Amendments relating to close of
1
Rolls
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 After subsection 4(7)
5
Insert:
6
(7A) Unless the contrary intention appears, a reference in this Act to an
7
election or poll in, for or in relation to, a Division or Subdivision,
8
includes a reference to a Senate election, or a poll for a Senate
9
election, for the State or Territory that includes the Division or
10
Subdivision.
11
2 Subsection 94A(4)
12
Repeal the subsection, substitute:
13
(4)
If:
14
(a) the application is received by the Electoral Commissioner
15
after 8 pm on the day of the close of the Rolls for an election
16
to be held in a Division; and
17
(b) the application relates to a Subdivision of that Division;
18
the person's name must not be added to the Roll for the
19
Subdivision until after the close of the poll for that election.
20
3 Subsection 95(4)
21
Repeal the subsection, substitute:
22
(4)
If:
23
(a) an application under this section is received by the Electoral
24
Commissioner after 8 pm on the day of the close of the Rolls
25
for an election to be held in a Division; and
26
(b) the application relates to a Subdivision of that Division;
27
the person's name must not be added to the Roll for the
28
Subdivision, and the annotation of the Roll under subsection (1) in
29
relation to the person must not be made, until after the close of the
30
poll for that election.
31
Schedule 1 Amendments relating to close of Rolls
Part 1 Amendments
4 Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010
No. , 2010
4 Subsection 96(4)
1
Repeal the subsection, substitute:
2
(4)
If:
3
(a) an application under this section is received by the Electoral
4
Commissioner after 8 pm on the day of the close of the Rolls
5
for an election to be held in a Division; and
6
(b) the application relates to a Subdivision of that Division;
7
the person's name must not be added to the Roll for the
8
Subdivision, and the annotation of the Roll under subsection (2B)
9
in relation to the person must not be made, until after the close of
10
the poll for that election.
11
5 Section 102
12
Repeal the section, substitute:
13
102 Action on receipt of claim
14
(1) Subject to subsection (4), if, pursuant to section 101, the Electoral
15
Commissioner receives a claim for enrolment, or transfer of
16
enrolment, the Electoral Commissioner must:
17
(a) note on the claim the date of its receipt; and
18
(b) if the claim is in order and the Electoral Commissioner is
19
satisfied that the claimant is entitled, in respect of residence
20
at an address, to be enrolled for a Subdivision, without delay:
21
(i) enter on the Roll for the Subdivision the name of the
22
claimant and the other particulars required by
23
section 83; and
24
(ii) notify the claimant in writing that he or she has been
25
enrolled for that Subdivision; and
26
(iii) in the case of a claim for transfer of an enrolment from
27
the Roll for another Subdivision--delete the name of
28
the claimant from the Roll for that other Subdivision;
29
and
30
(c) if the claim is in order but the Electoral Commissioner is
31
satisfied that the claimant is already properly enrolled in
32
respect of residence at the address in the Subdivision for
33
which he or she is entitled to be enrolled--notify the
34
claimant, in writing, that he or she has been enrolled for that
35
Subdivision; and
36
Amendments relating to close of Rolls Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010 No. ,
2010 5
(d) if the claim is not in order or the Electoral Commissioner is
1
not satisfied that the claimant is entitled, in respect of
2
residence at an address, to be enrolled for a Subdivision--
3
notify the claimant in writing that the claim has been
4
rejected.
5
(2) Before dealing with a claim under paragraph (1)(b), (c) or (d), the
6
Electoral Commissioner may make any inquiries that he or she
7
thinks necessary.
8
(3) Notice of a decision given to a claimant by the Electoral
9
Commissioner under paragraph (1)(d) must include:
10
(a) a statement of the reasons for the decision; and
11
(b) a statement setting out the rights of the claimant to have the
12
decision reviewed under Part X.
13
(4) Subject to subsection (5), if:
14
(a) a claim under section 101 is received by the Electoral
15
Commissioner during the period (the suspension period):
16
(i) starting at 8 pm on the day of the close of the Rolls for
17
an election to be held in a Division; and
18
(ii) ending on the close of the poll for the election; and
19
(b) the claim relates to a Subdivision of that Division;
20
the claim must not be considered until after the end of the
21
suspension period.
22
(5)
If:
23
(a) a claim under section 101 is received by the Electoral
24
Commissioner during the suspension period; and
25
(b) the Australian Postal Corporation has notified the Electoral
26
Commission in writing that:
27
(i) the delivery of mail identified in the notification was
28
delayed by an industrial dispute affecting a specified
29
post office or mail exchange; and
30
(ii) but for the industrial dispute, that mail would, in the
31
ordinary course of post, have been delivered before the
32
start of the suspension period; and
33
(c) the claim is included in the mail identified in the notification;
34
then, despite subsection (4):
35
Schedule 1 Amendments relating to close of Rolls
Part 1 Amendments
6 Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010
No. , 2010
(d) the claim must be regarded as having been received before
1
the start of the suspension period; and
2
(e) if the claimant's name is entered on the Roll in accordance
3
with the claim, the enrolment must, in relation to any vote
4
recorded by the claimant in an election, be regarded as
5
having been effected before the start of the suspension
6
period.
7
(6) A name may, at any time, be removed from a Roll pursuant to a
8
notice of transfer of enrolment.
9
6 Subsection 118(5)
10
Repeal the subsection, substitute:
11
(5) During the period:
12
(a) starting at 8 pm on the day of the close of the Rolls for an
13
election to be held in a Division; and
14
(b) ending on the close of the poll for the election;
15
the Electoral Commissioner must not remove an elector's name
16
from the Roll for a Subdivision of that Division under
17
subsection (3) or (4A).
18
7 Section 155
19
Repeal the section, substitute:
20
155 Date for close of Rolls
21
The date fixed for the close of the Rolls is the seventh day after the
22
date of the writ.
23
8 Subparagraphs 10(a) and 11(a) of Schedule 3
24
Omit "102(4A)", substitute "102(5)".
25
Referendum (Machinery Provisions) Act 1984
26
9 Subsections 4(2) and (3)
27
Repeal the subsections, substitute:
28
(2) For the purposes of voting at a referendum:
29
Amendments relating to close of Rolls Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010 No. ,
2010 7
(a) applications or claims for enrolment, or transfer of
1
enrolment, under the Commonwealth Electoral Act 1918
2
(including applications or claims to which subsection 99B(6)
3
or 100(2) of that Act apply) that are received during the
4
period (the suspension period):
5
(i) starting at 8 pm on the day of the close of the Rolls for a
6
referendum; and
7
(ii) ending on the close of voting at the referendum;
8
must not be considered until after the end of the suspension
9
period; and
10
(b) a name must not be removed from a roll under section 118 of
11
the Commonwealth Electoral Act 1918 during the suspension
12
period.
13
10 Subsection 9(1)
14
Repeal the subsection, substitute:
15
(1) The day fixed for the close of the Rolls is the seventh day after the
16
issue of the writ.
17
11 Subsection 9(3)
18
Repeal the subsection.
19
12 Subparagraph 10(a) of Schedule 4
20
Omit "102(4A)", substitute "102(5)".
21
22
Schedule 1 Amendments relating to close of Rolls
Part 2 Application
8 Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010
No. , 2010
Part 2--Application
1
13 Application
2
The amendments made by this Schedule apply in relation to elections
3
and referendums the writs for which are issued on or after the
4
commencement of the amendments.
5
6
Amendments relating to prisoner voting Schedule 2
Amendments Part 1
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010 No. ,
2010 9
Schedule 2--Amendments relating to prisoner
1
voting
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 Subsection 93(2)
5
Repeal the subsection, substitute:
6
(2) Subject to subsections (3), (4), (5) and (8AA), an elector whose
7
name is on the Roll for a Division is entitled to vote at elections of
8
Members of the Senate for the State that includes that Division and
9
at elections of Members of the House of Representatives for that
10
Division.
11
2 Subsections 93(8) and (8AA)
12
Repeal the subsections, substitute:
13
(8) A person who:
14
(a) by reason of being of unsound mind, is incapable of
15
understanding the nature and significance of enrolment and
16
voting; or
17
(b) has been convicted of treason or treachery and has not been
18
pardoned;
19
is not entitled to have his or her name placed or retained on any
20
Roll or to vote at any Senate election or House of Representatives
21
election.
22
(8AA) A person who is serving a sentence of imprisonment of 3 years or
23
longer is not entitled to vote at any Senate election or House of
24
Representatives election.
25
Note:
For the definition of sentence of imprisonment, see subsection 4(1A).
26
3 Section 109
27
Repeal the section, substitute:
28
Schedule 2 Amendments relating to prisoner voting
Part 1 Amendments
10 Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010
No. , 2010
109 Lists of persons serving, or ceasing to serve, sentences of
1
imprisonment to be forwarded
2
(1) The Controller-General of Prisons of a State must, as soon as
3
practicable after the beginning of each month, forward to the
4
Electoral Commissioner (or to an officer nominated by the
5
Electoral Commissioner) a list of:
6
(a) the names, addresses, occupations and sexes of all persons
7
who began serving a sentence of imprisonment of 3 years or
8
longer in the State; and
9
(b) the names, addresses, occupations and sexes of all persons
10
who ceased to serve a sentence of imprisonment of 3 years or
11
longer in the State;
12
during the preceding month.
13
(2) Within 4 days of the day of the close of the Rolls for an election
14
for a Division in a State, the Controller-General of Prisons of the
15
State must forward to the Electoral Commissioner (or to an officer
16
nominated by the Electoral Commissioner) a list of:
17
(a) the names, addresses, occupations and sexes of all persons
18
who began serving a sentence of imprisonment of 3 years or
19
longer in the State; and
20
(b) the names, addresses, occupations and sexes of all persons
21
who ceased to serve a sentence of imprisonment of 3 years or
22
longer in the State;
23
between the time the last list was forwarded by the
24
Controller-General under subsection (1) and the day of the close of
25
the Rolls.
26
Note 1:
For the definition of sentence of imprisonment, see subsection 4(1A).
27
Note 2:
In this section, a reference to a State includes a reference to the
28
Australian Capital Territory and the Northern Territory: see
29
section 112.
30
4 Subsection 208(2)
31
Repeal the subsection, substitute:
32
(2) The list must include the name of each person who:
33
(a) is on the Roll for the Division; and
34
(b) will be at least 18 years old on polling day; and
35
Amendments relating to prisoner voting Schedule 2
Amendments Part 1
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010 No. ,
2010 11
(c) is not covered by subsection 93(8AA) (sentences of
1
imprisonment).
2
5 Subsection 221(3)
3
Repeal the subsection, substitute:
4
(3) For the purposes of this section, the electoral Rolls in force at the
5
time of the election are conclusive evidence of the right of each
6
person enrolled on the Rolls, other than:
7
(a) a person whose name has been placed on a Roll because of a
8
claim made under section 100 and who will be under 18 on
9
the date fixed for the polling in the election; or
10
(b) a person who is covered by subsection 93(8AA) (sentences of
11
imprisonment);
12
to vote as an elector, unless a person shows by his or her answers
13
to the questions prescribed by section 200DI or 229 that he or she
14
is not entitled to vote.
15
Referendum (Machinery Provisions) Act 1984
16
6 At the end of subsection 22(2)
17
Add:
18
; and (c) is not covered by subsection 93(8AA) of the Commonwealth
19
Electoral Act 1918 (sentences of imprisonment).
20
21
Schedule 2 Amendments relating to prisoner voting
Part 2 Application and transitional
12 Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010
No. , 2010
Part 2--Application and transitional
1
7 Application and transitional
2
(1)
The amendments made by this Schedule apply in relation to elections
3
and referendums the writs for which are issued on or after the
4
commencement of the amendments.
5
(2)
Subsection 109(1) of the Commonwealth Electoral Act 1918, as
6
amended by this Schedule, applies in relation to months beginning on or
7
after the commencement of this item.
8
(3)
Subsection 93(8AA) and paragraphs 109(1)(b) and (2)(b) of the
9
Commonwealth Electoral Act 1918, as amended by this Schedule, apply
10
to sentences of imprisonment beginning before, on or after the
11
commencement of this item.
12
(4)
Until the first list is forwarded under subsection 109(1) of the
13
Commonwealth Electoral Act 1918 as amended by this Schedule,
14
subsection 109(2) of that Act applies as if the reference to the last list
15
forwarded under subsection (1) were a reference to the last list
16
forwarded under section 109 of that Act as in force at any time before
17
the commencement of this item.
18