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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND OTHER MEASURES) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral and Referendum Amendment
(How-to-Vote Cards and Other
Measures) 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 (How-to-Vote Cards and Other Measures) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--How-to-vote cards
3
Part 1--Amendments
3
Commonwealth Electoral Act 1918
3
Part 2--Application of amendments
7
Schedule 2--Misleading or deceptive publication
8
Part 1--Amendments
8
Commonwealth Electoral Act 1918
8
Referendum (Machinery Provisions) Act 1984
8
Part 2--Application of amendments
9
Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) 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 (How-to-Vote Cards and Other Measures) Act 2010.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill
2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
3. Schedule 2
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act 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
12
How-to-vote cards Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill 2010
No. , 2010 3
Schedule 1--How-to-vote cards
1
Part 1--Amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
how-to-vote card means a card, handbill or pamphlet:
6
(a)
that:
7
(i) is, or includes, a representation of a ballot paper or part
8
of a ballot paper for an election (or something
9
apparently intended to represent a ballot paper or part of
10
a ballot paper for an election); and
11
(ii) is apparently intended to affect, or is likely to affect,
12
how votes are cast for any or all of the candidates in the
13
election; or
14
(b) that lists the names of any or all of the candidates in an
15
election with a number indicating the order of voting
16
preference against the names of any or all of the candidates;
17
or
18
(c) that otherwise directs or encourages voters to use a particular
19
order of voting preference for any or all of the candidates in
20
an election.
21
2 Paragraph 308(1)(e)
22
Omit "or 332", substitute "or 328B".
23
3 Subparagraph 314AEB(1)(a)(iii)
24
Omit "or 328A", substitute ", 328A or 328B".
25
4 Before paragraph 328(3)(a)
26
Insert:
27
(aa) a how-to-vote card; or
28
5 Subsection 328(4)
29
Omit "paragraph (3)(a)", substitute "paragraph (3)(aa), (a)".
30
Schedule 1 How-to-vote cards
Part 1 Amendments
4 Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill
2010 No. , 2010
6 After section 328A
1
Insert:
2
328B Requirements relating to how-to-vote cards
3
Authorisation details must be included on how-to-vote card
4
(1) The following information (the authorisation details) must be
5
included at the top of each printed face of a how-to-vote card:
6
(a) the name and address of the person who authorised the
7
how-to-vote card;
8
(b) the following information (to the extent that it is not already
9
required by paragraph (a)):
10
(i) if the card is authorised by or on behalf of a registered
11
political party, or by or on behalf of a candidate who is
12
endorsed by a registered political party--the name of
13
the registered political party;
14
(ii) if the card is authorised by or on behalf of a candidate
15
who is not endorsed by a registered political party--the
16
candidate's name, and the word "candidate".
17
(2) The font size of the authorisation details must be at least:
18
(a) 10 point, if the size of the how-to-vote card is A6 or smaller;
19
or
20
(b) 14 point, if the size of the how-to-vote card is larger than A6
21
but smaller than A3; or
22
(c) 20 point, if the size of the how-to-vote card is A3 or larger.
23
(3) For the purpose of subsection (2), the comparison between the size
24
of a how-to-vote card and a standard paper size mentioned in that
25
subsection is to be done by comparing the area of the how-to-vote
26
card with the area of the standard paper size (regardless of the
27
shape of the how-to-vote card).
28
Offence of publishing etc. how-to-vote card that does not contain
29
required authorisation details
30
(4) A person (the first person) commits an offence if:
31
(a) the first person:
32
(i) publishes or distributes a document; or
33
How-to-vote cards Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill 2010
No. , 2010 5
(ii) causes, permits or authorises another person to publish
1
or distribute a document; and
2
(b) that conduct of the first person occurs during the relevant
3
period for an election; and
4
(c) the document is a how-to-vote card; and
5
(d) the how-to-vote card does not comply with the requirements
6
of subsections (1) and (2) relating to authorisation details;
7
and
8
(e) if regulations made for the purpose of this paragraph provide
9
that this subsection does not apply to prescribed kinds of
10
articles--the how-to-vote card is not an article of any of
11
those kinds.
12
Penalty: 10 penalty units.
13
Offence of publishing etc. how-to-vote card that contains false
14
authorisation details
15
(5) A person (the first person) commits an offence if:
16
(a) the first person:
17
(i) publishes or distributes a document; or
18
(ii) causes, permits or authorises another person to publish
19
or distribute a document; and
20
(b) that conduct of the first person occurs during the relevant
21
period for an election; and
22
(c) the document is a how-to-vote card; and
23
(d) some or all of the authorisation details on the how-to-vote
24
card are false; and
25
(e) if regulations made for the purpose of this paragraph provide
26
that this subsection does not apply to prescribed kinds of
27
article--the how-to-vote card is not an article of any of those
28
kinds.
29
Penalty: 10 penalty units.
30
Definition
31
(6) In this section:
32
address of a person means an address, including a full street
33
address and suburb or locality, at which the person can usually be
34
contacted during the day. It does not include a post office box.
35
Schedule 1 How-to-vote cards
Part 1 Amendments
6 Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill
2010 No. , 2010
7 Subsection 351(5)
1
Before "end", insert "top or".
2
8 Subsection 351(5)
3
Omit "or 328A", substitute ", 328A or 328B".
4
5
How-to-vote cards Schedule 1
Application of amendments Part 2
Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill 2010
No. , 2010 7
Part 2--Application of amendments
1
9 Application of amendments
2
The amendments made by this Schedule apply in relation to elections
3
the writs for which are issued on or after the commencement of this
4
Schedule.
5
6
Schedule 2 Misleading or deceptive publication
Part 1 Amendments
8 Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill
2010 No. , 2010
Schedule 2--Misleading or deceptive
1
publication
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 After subsection 329(5)
5
Insert:
6
(5A) Section 15.2 of the Criminal Code (extended geographical
7
jurisdiction--category B) applies to an offence against
8
subsection (4).
9
2 Subsection 329(6)
10
Omit "radio or television", substitute "radio, television, internet or
11
telephone".
12
Referendum (Machinery Provisions) Act 1984
13
3 After subsection 122(5)
14
Insert:
15
(6) Section 15.2 of the Criminal Code (extended geographical
16
jurisdiction--category B) applies to an offence against
17
subsection (4).
18
4 Subsection 122(7)
19
Omit "radio or television", substitute "radio, television, internet or
20
telephone".
21
22
Misleading or deceptive publication Schedule 2
Application of amendments Part 2
Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Bill 2010
No. , 2010 9
Part 2--Application of amendments
1
5 Application of amendments
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 this Schedule.
5

 


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