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

ELECTORAL AND REFERENDUM AMENDMENT (IMPROVING ELECTORAL ADMINISTRATION) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral and Referendum Amendment
(Improving Electoral Administration)
Bill 2012
No. , 2012
(Special Minister of State)
A Bill for an Act to amend the law relating to
elections, referendums and taxation, and for related
purposes
i Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
3
Schedule 1--Main amendments
4
Part 1--Amendments
4
Commonwealth Electoral Act 1918
4
Referendum (Machinery Provisions) Act 1984
7
Taxation Administration Act 1953
10
Part 2--Application provisions
11
Schedule 2--Amendments commencing on 1 January 2014
12
Part 1--Amendments
12
Commonwealth Electoral Act 1918
12
Referendum (Machinery Provisions) Act 1984
12
Part 2--Application provision
13
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 1
A Bill for an Act to amend the law relating to
1
elections, referendums and taxation, 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 (Improving Electoral Administration) Act 2012.
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 (Improving Electoral Administration) Bill 2012
No. , 2012
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,
items 1 to 25
The day after this Act receives the Royal
Assent.
3. Schedule 1,
item 26
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
item 38 of Schedule 3 to the Electoral
and Referendum Amendment (Improving
Electoral Procedure) Act 2012.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
items 27 to 48
The day after this Act receives the Royal
Assent.
5. Schedule 1,
items 49 and 50
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
item 45 of Schedule 3 to the Electoral
and Referendum Amendment (Improving
Electoral Procedure) Act 2012.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 1,
items 51 to 54
The day after this Act receives the Royal
Assent.
7. Schedule 2
1 January 2014.
1 January 2014
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
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
9
Schedule 1 Main amendments
Part 1 Amendments
4 Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
No. , 2012
Schedule 1--Main amendments
1
Part 1--Amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 72(2)
4
Omit "and any further objections".
5
2 Subparagraph 72(12)(d)(i)
6
Omit "may forthwith", substitute "may, before the end of the period of
7
7 days beginning on the day of the announcement,".
8
3 Paragraph 72(13)(a)
9
Omit "forthwith upon the making of the public announcement, lodge
10
with the Electoral Commission a written further objection;", substitute
11
"before the end of the period of 7 days beginning on the day of the
12
announcement, lodge with the Electoral Commission a written further
13
objection; and".
14
4 After paragraph 72(13)(b)
15
Insert:
16
(ba) the augmented Electoral Commission must complete its
17
inquiry into a further objection as soon as is practicable and,
18
in any event, before the end of the period of 14 days after the
19
end of the period referred to in paragraph (a); and
20
5 Paragraph 185(3)(b)
21
Omit "except in the case of an elector whose address has been excluded
22
from the Roll under section 104--".
23
6 Subsection 200D(4)
24
Omit "second", substitute "fourth".
25
7 Subsection 200D(5)
26
After "earlier than the", insert "fourth".
27
8 Section 200DC (definition of issuing officer)
28
Main amendments Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 5
Repeal the definition.
1
9 Paragraph 200DG(2)(a)
2
Repeal the paragraph.
3
10 Paragraph 200DG(2)(c)
4
Omit "the issuing officer" (first occurring), substitute "a voting officer".
5
11 Subparagraph 200DG(2)(c)(ii)
6
Omit "issuing officer", substitute "voting officer".
7
12 Section 200DH
8
Repeal the section.
9
13 Subsection 200DI(1)
10
Omit "The issuing officer", substitute "A voting officer".
11
14 Subsection 200DI(2)
12
Omit "issuing officer", substitute "voting officer".
13
15 Subsection 200DJ(1)
14
Omit "the issuing officer", substitute "a voting officer".
15
16 Subsections 200DJ(2) and (3)
16
Omit "issuing officer", substitute "voting officer".
17
17 Paragraphs 200DL(1)(a), (b) and (c)
18
Repeal the paragraphs.
19
18 Subsection 200DL(1) (note)
20
Repeal the note.
21
19 Section 200DM
22
Omit "sections 200DH and 200DJ, been given a pre-poll vote certificate
23
for ordinary voting and", substitute "section 200DJ, been given".
24
20 Paragraph 200DM(a)
25
Omit "the certificate or".
26
Schedule 1 Main amendments
Part 1 Amendments
6 Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
No. , 2012
21 Section 230
1
Omit "the issuing officer", substitute "a voting officer".
2
22 Subsection 238(1)
3
Omit "the issuing officer", substitute "a voting officer".
4
23 Subsection 238(1)
5
Omit "issuing officer" (last occurring), substitute "voting officer".
6
24 Before section 239
7
Insert:
8
238B Ballot-boxes opened before close of poll
9
(1) This section applies if, in relation to an election, an officer
10
becomes aware that a ballot-box containing ballot papers for the
11
election (including ballot papers enclosed in envelopes) has been
12
opened before the close of the poll other than in accordance with
13
this Act.
14
(2)
An
officer
must:
15
(a) place the ballot papers, or envelopes containing the ballot
16
papers, in a parcel; and
17
(b) seal the parcel; and
18
(c) write on the parcel an indication of the type of ballot papers
19
enclosed and that the ballot-box has been prematurely
20
opened; and
21
(d) sign the parcel.
22
(3) An officer must give the parcel to the Divisional Returning Officer
23
for the Division after the close of the poll.
24
(4) The ballot papers (including ballot papers enclosed in envelopes)
25
contained in the parcel are excluded from scrutiny under
26
Part XVIII.
27
25 Subsection 248(1)
28
Before "239", insert "238B,".
29
26 At the end of subsection 248(2)
30
Main amendments Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 7
Add:
1
; and (c) for sections 238A and 238B--a reference in paragraph
2
238A(3)(b) and subsection 238B(3) to the Divisional
3
Returning Officer for the Division is taken to be a reference
4
to the Electoral Commission.
5
27 Paragraph 268(1)(a)
6
Omit "the issuing officer", substitute "a voting officer".
7
28 Paragraph 393A(1)(f)
8
Omit "(both for ordinary voting and for declaration voting)", substitute
9
"for declaration voting".
10
Referendum (Machinery Provisions) Act 1984
11
29 Subsection 32(1)
12
Omit "the issuing officer", substitute "a voting officer".
13
30 Subsection 41(1)
14
Omit "the issuing officer", substitute "a voting officer".
15
31 Subsection 41(1)
16
Omit "issuing officer" (last occurring), substitute "voting officer".
17
32 Before section 41A
18
Insert:
19
41AB Ballot-boxes opened before close of voting
20
(1) This section applies if, in relation to a referendum, an officer
21
becomes aware that a ballot-box containing ballot-papers for the
22
referendum (including ballot-papers enclosed in envelopes) has
23
been opened before the close of voting other than as mentioned in
24
subsection 29(2).
25
(2)
An
officer
must:
26
(a) place the ballot-papers, or envelopes containing the
27
ballot-papers, in a parcel; and
28
(b) seal the parcel; and
29
Schedule 1 Main amendments
Part 1 Amendments
8 Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
No. , 2012
(c) write on the parcel an indication of the type of ballot-papers
1
enclosed and that the ballot-box has been prematurely
2
opened; and
3
(d) sign the parcel.
4
(3) An officer must give the parcel to the DRO for the Division after
5
the close of voting.
6
(4) The ballot-papers (including ballot-papers enclosed in envelopes)
7
contained in the parcel are excluded from scrutiny under Part VI.
8
33 Subsection 73B(4)
9
After "before the", insert "fourth".
10
34 Subsection 73B(5)
11
Omit "second", substitute "fourth".
12
35 Paragraph 73C(c)
13
Repeal the paragraph.
14
36 Section 73CC (definition of issuing officer)
15
Repeal the definition.
16
37 Paragraph 73CG(2)(a)
17
Repeal the paragraph.
18
38 Paragraph 73CG(2)(c)
19
Omit "the issuing officer" (first occurring), substitute "a voting officer".
20
39 Subparagraph 73CG(2)(c)(ii)
21
Omit "issuing officer", substitute "voting officer".
22
40 Section 73CH
23
Repeal the section.
24
41 Subsection 73CI(1)
25
Omit "The issuing officer", substitute "A voting officer".
26
42 Subsections 73CI(2) and (4)
27
Main amendments Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 9
Omit "issuing officer", substitute "voting officer".
1
43 Subsection 73CJ(1)
2
Omit "the issuing officer", substitute "a voting officer".
3
44 Subsections 73CJ(2) and (3)
4
Omit "issuing officer", substitute "voting officer".
5
45 Paragraphs 73CL(1)(a), (b) and (c)
6
Repeal the paragraphs.
7
46 Subsection 73CL(1) (note)
8
Repeal the note.
9
47 Section 73CM
10
Omit "sections 73CH and 73CJ, been given a pre-poll vote certificate
11
for ordinary voting and", substitute "section 73CJ, been given".
12
48 Paragraph 73CM(a)
13
Omit "the certificate or".
14
49 Subsection 75(1)
15
Omit "and 41AA", substitute ", 41AA and 41AB".
16
50 At the end of subsection 75(2)
17
Add:
18
; and (c) for sections 41AA and 41AB--a reference in paragraph
19
41AA(3)(b) and subsection 41AB(3) to the DRO for the
20
Division is taken to be a reference to the Electoral
21
Commission.
22
51 Paragraph 93(1)(a)
23
Omit "the issuing officer", substitute "a voting officer".
24
52 Paragraph 142A(1)(f)
25
Omit "(both for ordinary voting and for declaration voting)", substitute
26
"for declaration voting".
27
Schedule 1 Main amendments
Part 1 Amendments
10 Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
No. , 2012
Taxation Administration Act 1953
1
53 Subsection 355-65(8) in Schedule 1 (after table item 2)
2
Insert:
3
2A the
Electoral
Commissioner
(within the meaning of the
Commonwealth Electoral Act
1918)
(a) is of information disclosed to, or
obtained by, the Commissioner of
Taxation on or after the
commencement of this table item;
and
(b) is for the purpose of administering
the Commonwealth Electoral Act
1918 or the Referendum (Machinery
Provisions) Act 1984.
4
Main amendments Schedule 1
Application provisions Part 2
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 11
Part 2--Application provisions
1
54 Application provisions
2
(1)
The amendments made by this Schedule (except items 1 to 5 and 53)
3
apply in relation to elections and referendums the writs for which are
4
issued on or after the commencement of this item.
5
(2)
The amendments made by items 1 to 4 apply in relation to notices
6
published under paragraph 68(1)(c) of the Commonwealth Electoral Act
7
1918 on or after the commencement of those items.
8
(3)
The amendment made by item 5 applies in relation to claims for transfer
9
of enrolment made on or after the commencement of that item.
10
11
Schedule 2 Amendments commencing on 1 January 2014
Part 1 Amendments
12 Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012
No. , 2012
Schedule 2--Amendments commencing on
1
1 January 2014
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 Subsection 184(5)
5
Omit "Thursday that is 2 days", substitute "Wednesday that is 3 days".
6
2 Subsection 188(4)
7
Omit "Thursday that is 2 days", substitute "Wednesday that is 3 days".
8
3 Subsection 188(4) (note)
9
Omit "Thursday that is 2 days", substitute "Wednesday that is 3 days".
10
Referendum (Machinery Provisions) Act 1984
11
4 Subsection 55(5)
12
Omit "Thursday that is 2 days", substitute "Wednesday that is 3 days".
13
5 Subsection 61(2B)
14
Omit "Thursday that is 2 days", substitute "Wednesday that is 3 days".
15
6 Subsection 61(2B) (note)
16
Omit "Thursday that is 2 days", substitute "Wednesday that is 3 days".
17
18
Amendments commencing on 1 January 2014 Schedule 2
Application provision Part 2
Electoral and Referendum Amendment (Improving Electoral Administration) Bill 2012 No.
, 2012 13
Part 2--Application provision
1
7 Application provision
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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