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

ELECTORAL AND REFERENDUM AMENDMENT (IMPROVING ELECTORAL PROCEDURE) 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 Procedure) Bill
2012
No. , 2012
(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 (Improving Electoral Procedure) Bill 2012 No.
, 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Postal voting
3
Part 1--Amendments
3
Commonwealth Electoral Act 1918
3
Referendum (Machinery Provisions) Act 1984
10
Part 2--Application and savings provisions
17
Schedule 2--Nominations for election
18
Part 1--Amendments
18
Commonwealth Electoral Act 1918
18
Part 2--Application provision
20
Schedule 3--Other amendments
21
Part 1--Amendments
21
Commonwealth Electoral Act 1918
21
Referendum (Machinery Provisions) Act 1984
27
Part 2--Application provisions
29
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 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 (Improving Electoral Procedure) Act 2012.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
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repealed as set out in the applicable items in the Schedule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
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 3
Schedule 1--Postal voting
1
Part 1--Amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1) (definition of officer)
4
Omit "subsection 28(2)", substitute "section 28".
5
2 Section 28
6
Repeal the section, substitute:
7
28 Delegation by Electoral Commissioner
8
(1) The Electoral Commissioner may, in writing, delegate all or any of
9
his or her powers or functions under this Act, other than the powers
10
and functions conferred by Parts III and IV, to any of the
11
following:
12
(a)
any
officer;
13
(b) any other member of the staff of the Electoral Commission.
14
Note: The
definition
of
officer covers Australian Electoral Officers and
15
Divisional Returning Officers, as well as various other people.
16
(2) In exercising powers or performing functions delegated under
17
subsection (1), the delegate must comply with any directions of the
18
Electoral Commissioner.
19
3 Subsection 182(1) (definition of appropriate DRO)
20
Repeal the definition.
21
4 Subsection 182(2)
22
Repeal the subsection, substitute:
23
(2) In this Part (other than in sections 184A to 186) and in Schedule 2,
24
a reference to the Division for which a person is enrolled includes:
25
(a) in the case of a person who is provisionally enrolled--a
26
reference to the Division for which the person is
27
provisionally enrolled; and
28
Schedule 1 Postal voting
Part 1 Amendments
4 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
(b) in the case of a person who is not enrolled--a reference to
1
the Division for which the person would be enrolled if the
2
person were an elector.
3
5 Section 183
4
Repeal the section, substitute:
5
183 Grounds of application for postal vote
6
A person may apply for a postal vote on any of the grounds set out
7
in Schedule 2.
8
6 Subsection 184(1)
9
Omit "an elector".
10
7 Subsections 184(2) and (3)
11
Omit "a DRO", substitute "the Electoral Commissioner".
12
8 Subsection 184(5)
13
Omit "the DRO or Assistant Returning Officer to whom it is directed",
14
substitute "the Electoral Commissioner or the Assistant Returning
15
Officer".
16
9 Subsection 184(6)
17
Omit "the DRO or Assistant Returning Officer to whom the application
18
was directed", substitute "the Electoral Commissioner or the Assistant
19
Returning Officer".
20
10 At the end of section 184
21
Add:
22
(7) The Electoral Commissioner must cause a number to be allocated
23
to each application for a postal vote.
24
11 Subsection 186(1)
25
Repeal the subsection, substitute:
26
(1) As soon as ballot papers for an election for a Division are
27
available, the Electoral Commissioner must send or arrange for the
28
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 5
delivery of postal voting papers to each registered general postal
1
voter for the Division.
2
12 Before subsection 188(1)
3
Insert:
4
Material to be sent to postal vote applicant
5
13 Subsection 188(1)
6
Omit "A DRO or Assistant Returning Officer who", substitute "If the
7
Electoral Commissioner or an Assistant Returning Officer".
8
14 Subsection 188(1)
9
After "subsection 184(1)", insert ", he or she".
10
15 Subparagraphs 188(1)(c)(i) and (ii)
11
Omit "declares that he or she".
12
16 After subsection 188(1)
13
Insert:
14
Dealing with certificates and ballot papers before sending
15
(1A) Before a postal vote certificate and postal ballot paper are sent to
16
an applicant under subsection (1):
17
(a) the date of issue of the certificate and ballot paper must be
18
recorded; and
19
(b) the certificate must be numbered with the same number
20
allocated to the application under subsection 184(7); and
21
(c) the top of the front of the ballot paper must be marked with
22
the initials of the officer who issued the ballot paper, or
23
caused it to be issued.
24
How material is to be sent
25
17 Subsections 188(2), (3) and (4)
26
Omit "the DRO" (wherever occurring), substitute "the Electoral
27
Commissioner".
28
18 After section 188
29
Schedule 1 Postal voting
Part 1 Amendments
6 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
Insert:
1
188A Dealing with application after issue of certificate and ballot
2
paper
3
(1) This section applies if a postal vote certificate and postal ballot
4
paper are sent to an applicant for a postal vote under subsection
5
188(1).
6
(2) If the application for the postal vote is made to the Electoral
7
Commissioner, the Electoral Commissioner must send, or arrange
8
for the sending of, the application to the DRO for the Division for
9
which the applicant is enrolled.
10
(3) If the application for the postal vote is made to an Assistant
11
Returning Officer, the application must be dealt with in accordance
12
with subsection 228(8).
13
19 Section 189
14
Repeal the section, substitute:
15
189 Inspection of applications
16
(1) A list of applications for postal votes for a Division must be
17
available for public inspection at the office of the DRO for the
18
Division.
19
(2) The list must:
20
(a) be available during ordinary office hours from and including
21
the third day after polling day until the election can no longer
22
be questioned; and
23
(b) set out, for each applicant:
24
(i) the applicant's full name; and
25
(ii) except in the case of an applicant whose address has
26
been excluded from the Roll under section 104--the
27
address of the applicant; and
28
(iii) such other particulars (if any) as the Electoral
29
Commissioner determines.
30
(3) The list may be kept in electronic or other form.
31
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 7
(4) A right of inspection under this section does not include the right to
1
copy or record by electronic means the list of applications (in
2
whole or in part).
3
(5) If the Electoral Commissioner determines particulars under
4
subparagraph (2)(b)(iii) in writing, the instrument is not a
5
legislative instrument.
6
20 Subsections 189A(1) and (2)
7
Omit "Electoral Commission", substitute "Electoral Commissioner".
8
21 Subsection 189A(3)
9
Repeal the subsection, substitute:
10
(3) The list may include the name, date of birth and address of a postal
11
vote applicant.
12
22 Subsection 189A(4)
13
Omit "Electoral Commission", substitute "Electoral Commissioner".
14
23 Paragraphs 189B(1)(a), (2)(b) and (3)(b)
15
Omit "Electoral Commission", substitute "Electoral Commissioner
16
under section 189A".
17
24 Subsections 189B(4) and (5)
18
Omit "Electoral Commission", substitute "Electoral Commissioner".
19
25 Section 190
20
Repeal the section.
21
26 Paragraph 194(1)(a)
22
Omit "the elector shall", substitute "the person voting must".
23
27 Paragraph 194(1)(b)
24
Omit "an elector", substitute "a person".
25
28 Paragraphs 194(1)(b) and (d)
26
Omit "the elector shall", substitute "the person must".
27
29 Paragraph 194(1)(da)
28
Schedule 1 Postal voting
Part 1 Amendments
8 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
Omit "the elector must", substitute "the person must".
1
30 Paragraphs 194(1)(e) and (f)
2
Repeal the paragraphs, substitute:
3
(e) the person must post or deliver the envelope to the DRO for
4
the Division for which the person is enrolled;
5
(f) if the person (the elector) cannot read or is so disabled as to
6
be unable to vote without assistance, another person chosen
7
by the elector may, according to the directions of the elector,
8
complete the postal vote certificate and do for the elector any
9
act required by paragraph (d) or (e);
10
31 Subsection 194(1A)
11
Omit "an elector", substitute "a person".
12
32 Subsection 194(1A)
13
Omit "the elector" (wherever occurring), substitute "the person".
14
33 Subsection 194(1A)
15
Omit "the elector's" (wherever occurring), substitute "the person's".
16
34 Paragraphs 194(2)(a) and (b)
17
Omit "appropriate DRO", substitute "DRO for the Division for which
18
the person is enrolled".
19
35 Section 195
20
Omit "the elector", substitute "a person voting (the elector)".
21
36 Paragraphs 195(a) and (b)
22
Omit "an elector", substitute "the elector".
23
37 Section 197
24
Omit "an elector", substitute "another person".
25
38 Section 198 (heading)
26
Repeal the heading, substitute:
27
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 9
198 Inducing person to hand over marked ballot paper
1
39 Section 198
2
Omit "an elector", substitute "another person".
3
40 Subsection 209(8)
4
Omit "a DRO or Assistant Returning Officer shall", substitute "an
5
officer must".
6
41 Paragraph 1 of Schedule 2
7
Omit "the elector" (wherever occurring), substitute "the person".
8
42 Paragraph 2 of Schedule 2
9
Omit "The elector", substitute "The person".
10
43 Paragraphs 2, 3 and 3A of Schedule 2
11
Omit "the elector" (wherever occurring), substitute "the person".
12
44 Paragraph 4 of Schedule 2
13
Omit "The elector", substitute "The person".
14
45 Paragraph 4 of Schedule 2
15
Omit "an elector", substitute "a person".
16
46 Paragraphs 5 and 6 of Schedule 2
17
Omit "the elector" (wherever occurring), substitute "the person".
18
47 Paragraph 7A of Schedule 2
19
Omit "The elector", substitute "The person".
20
48 Paragraph 8 of Schedule 2
21
Omit "the elector's", substitute "the person's".
22
49 Paragraphs 8 and 9 of Schedule 2
23
Omit "the elector", substitute "the person".
24
50 Paragraph 10 of Schedule 2
25
Omit "The elector's", substitute "The person's".
26
Schedule 1 Postal voting
Part 1 Amendments
10 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
51 Paragraph 11 of Schedule 2
1
Omit "the elector" (wherever occurring), substitute "the person".
2
Referendum (Machinery Provisions) Act 1984
3
52 Subsection 3(1) (definition of officer)
4
Omit "subsection 138(2)", substitute "section 138".
5
53 Subsection 25(6)
6
Omit "a DRO or Assistant Returning Officer shall", substitute "an
7
officer must".
8
54 Subsection 53(1) (definition of appropriate DRO)
9
Repeal the definition.
10
55 Subsection 53(2)
11
Repeal the subsection, substitute:
12
(2) In this Part and in Schedule 3, a reference to the Division for which
13
a person is enrolled includes:
14
(a) in the case of a person who is provisionally enrolled--a
15
reference to the Division for which the person is
16
provisionally enrolled; and
17
(b) in the case of a person who is not enrolled--a reference to
18
the Division for which the person would be enrolled if the
19
person were an elector.
20
56 Section 54
21
Repeal the section, substitute:
22
54 Grounds of application for postal vote
23
A person may apply for a postal vote on any of the grounds set out
24
in Schedule 3.
25
57 Subsection 55(1)
26
Omit "an elector".
27
58 Subsections 55(2) and (3)
28
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 11
Omit "a DRO", substitute "the Electoral Commissioner".
1
59 Subsection 55(5)
2
Omit "the DRO or Assistant Returning Officer to whom it is directed",
3
substitute "the Electoral Commissioner or the Assistant Returning
4
Officer".
5
60 Subsection 55(6)
6
Omit "the DRO or Assistant Returning Officer to whom the application
7
was directed", substitute "the Electoral Commissioner or the Assistant
8
Returning Officer".
9
61 At the end of section 55
10
Add:
11
(7) The Electoral Commissioner must cause a number to be allocated
12
to each application for a postal vote.
13
62 Subsection 58(1)
14
Omit "the DRO for a Division shall", substitute "the Electoral
15
Commissioner must".
16
63 Subsection 58(1)
17
Omit "for the Division".
18
64 Before subsection 61(1)
19
Insert:
20
Material to be sent to postal vote applicant
21
65 Subsection 61(1)
22
Omit "A DRO or Assistant Returning Officer who", substitute "If the
23
Electoral Commissioner or an Assistant Returning Officer".
24
66 Subsection 61(1)
25
After "subsection 55(1)", insert ", he or she".
26
67 Subparagraphs 61(1)(a)(i) and (ii)
27
Omit "declares that he or she".
28
Schedule 1 Postal voting
Part 1 Amendments
12 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
68 After subsection 61(1)
1
Insert:
2
Dealing with certificates and ballot-papers before sending
3
(1A) Before a postal vote certificate and postal ballot-paper are sent to
4
an applicant under subsection (1):
5
(a) the date of issue of the certificate and ballot-paper must be
6
recorded; and
7
(b) the certificate must be numbered with the same number
8
allocated to the application under subsection 55(7); and
9
(c) the top of the front of the ballot-paper must be marked with
10
the initials of the officer who issued the ballot-paper, or
11
caused it to be issued.
12
How material is to be sent
13
69 Subsections 61(2), (2A) and (2B)
14
Omit "the DRO" (wherever occurring), substitute "the Electoral
15
Commissioner".
16
70 After section 61
17
Insert:
18
61A Dealing with application after issue of certificate and
19
ballot-paper
20
(1) This section applies if a postal vote certificate and postal
21
ballot-paper are sent to an applicant for a postal vote under
22
subsection 61(1).
23
(2) If the application for the postal vote is made to the Electoral
24
Commissioner, the Electoral Commissioner must send, or arrange
25
for the sending of, the application to the DRO for the Division for
26
which the applicant is enrolled.
27
(3) If the application for the postal vote is made to an Assistant
28
Returning Officer, the application must be dealt with in accordance
29
with subsection 46A(8).
30
71 Section 62
31
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 13
Repeal the section, substitute:
1
62 Inspection of applications
2
(1) A list of applications for postal votes for a Division must be
3
available for public inspection at the office of the DRO for the
4
Division.
5
(2) The list must:
6
(a) be available during ordinary office hours from and including
7
the third day after polling day until the referendum can no
8
longer be questioned; and
9
(b) set out, for each applicant:
10
(i) the applicant's full name; and
11
(ii) except in the case of an applicant whose address has
12
been excluded from the Roll under section 104 of the
13
Commonwealth Electoral Act 1918--the address of the
14
applicant; and
15
(iii) such other particulars (if any) as the Electoral
16
Commissioner determines.
17
(3) The list may be kept in electronic or other form.
18
(4) A right of inspection under this section does not include the right to
19
copy or record by electronic means the list of applications (in
20
whole or in part).
21
(5) If the Electoral Commissioner determines particulars under
22
subparagraph (2)(b)(iii) in writing, the instrument is not a
23
legislative instrument.
24
72 Subsections 62A(2) and (3)
25
Omit "Electoral Commission", substitute "Electoral Commissioner".
26
73 Subsection 62A(4)
27
Repeal the subsection, substitute:
28
(4) The list may include the name, date of birth and address of a postal
29
vote applicant.
30
74 Subsection 62A(5)
31
Schedule 1 Postal voting
Part 1 Amendments
14 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
Omit "Electoral Commission", substitute "Electoral Commissioner".
1
75 Paragraphs 62B(1)(a), (2)(b) and (3)(b)
2
Omit "Electoral Commission", substitute "Electoral Commissioner
3
under section 62A".
4
76 Subsections 62B(4) and (5)
5
Omit "Electoral Commission", substitute "Electoral Commissioner".
6
77 Section 63
7
Repeal the section.
8
78 Paragraph 65(1)(a)
9
Omit "the elector shall", substitute "the person voting must".
10
79 Paragraphs 65(1)(b) and (d)
11
Omit "the elector shall", substitute "the person must".
12
80 Paragraph 65(1)(da)
13
Omit "the elector must", substitute "the person must".
14
81 Paragraphs 65(1)(e) and (f)
15
Repeal the paragraphs, substitute:
16
(e) the person must post or deliver the envelope to the DRO for
17
the Division for which the person is enrolled;
18
(f) if the person (the elector) cannot read or is so disabled as to
19
be unable to vote without assistance, another person chosen
20
by the elector may, according to the directions of the elector,
21
complete the postal vote certificate and do for the elector any
22
act required by paragraph (d) or (e);
23
82 Subsection 65(1A)
24
Omit "an elector", substitute "a person".
25
83 Subsection 65(1A)
26
Omit "the elector" (wherever occurring), substitute "the person".
27
84 Subsection 65(1A)
28
Postal voting Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 15
Omit "the elector's" (wherever occurring), substitute "the person's".
1
85 Paragraphs 65(2)(a) and (b)
2
Omit "appropriate DRO", substitute "DRO for the Division for which
3
the person is enrolled".
4
86 Section 66
5
Omit "the elector", substitute "a person voting (the elector)".
6
87 Paragraphs 66(a) and (b)
7
Omit "an elector", substitute "the elector".
8
88 Section 69
9
Omit "an elector", substitute "another person".
10
89 Section 70 (heading)
11
Repeal the heading, substitute:
12
70 Inducing person to hand over marked ballot-paper
13
90 Section 70
14
Omit "an elector", substitute "another person".
15
91 Section 138
16
Repeal the section, substitute:
17
138 Delegation by Electoral Commissioner
18
(1) The Electoral Commissioner may, in writing, delegate all or any of
19
his or her powers or functions under this Act to any of the
20
following:
21
(a)
any
officer;
22
(b) any other member of the staff of the Electoral Commission.
23
Note: The
definition
of
officer covers Australian Electoral Officers and
24
Divisional Returning Officers, as well as various other people.
25
(2) In exercising powers or performing functions delegated under
26
subsection (1), the delegate must comply with any directions of the
27
Electoral Commissioner.
28
Schedule 1 Postal voting
Part 1 Amendments
16 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
92 Paragraph 1 of Schedule 3
1
Omit "the elector" (wherever occurring), substitute "the person".
2
93 Paragraph 2 of Schedule 3
3
Omit "The elector", substitute "The person".
4
94 Paragraphs 2, 3 and 3A of Schedule 3
5
Omit "the elector" (wherever occurring), substitute "the person".
6
95 Paragraph 4 of Schedule 3
7
Omit "The elector", substitute "The person".
8
96 Paragraph 4 of Schedule 3
9
Omit "an elector", substitute "a person".
10
97 Paragraphs 5 and 6 of Schedule 3
11
Omit "the elector" (wherever occurring), substitute "the person".
12
98 Paragraph 7A of Schedule 3
13
Omit "The elector", substitute "The person".
14
99 Paragraph 8 of Schedule 3
15
Omit "the elector's", substitute "the person's".
16
100 Paragraphs 8 and 9 of Schedule 3
17
Omit "the elector", substitute "the person".
18
101 Paragraph 10 of Schedule 3
19
Omit "The elector's", substitute "The person's".
20
102 Paragraph 11 of Schedule 3
21
Omit "the elector" (wherever occurring), substitute "the person".
22
23
Postal voting Schedule 1
Application and savings provisions Part 2
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 17
Part 2--Application and savings provisions
1
103 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
104 Savings provisions
6
(1)
A delegation in force under section 28 of the Commonwealth Electoral
7
Act 1918 immediately before the commencement of item 2 continues to
8
have effect after that commencement as if it were a delegation under
9
that section as amended by that item.
10
(2)
A delegation in force under section 138 of the Referendum (Machinery
11
Provisions) Act 1984 immediately before the commencement of item 91
12
continues to have effect after that commencement as if it were a
13
delegation under that section as amended by that item.
14
15
Schedule 2 Nominations for election
Part 1 Amendments
18 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
Schedule 2--Nominations for election
1
Part 1--Amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 166(1)
4
Repeal the subsection, substitute:
5
Nominations of single candidates as Senators or members
6
(1) Subject to subsections (1A), (1AA), (1B) and (1C), a nomination
7
may be in Form C, CA, D or DA in Schedule 1, as the case
8
requires, and must:
9
(a) set out the name, place of residence and occupation of the
10
candidate; and
11
(b) be signed by:
12
(i) not less than 100 electors entitled to vote at the election
13
for which the candidate is nominated; or
14
(ii) the registered officer of the registered political party by
15
which the candidate has been endorsed for that election.
16
(1AAAA) If:
17
(a) 2 or more candidates in a Senate election make a joint request
18
under section 168; and
19
(b) a person signs, under subparagraph (1)(b)(i), a nomination
20
for more than one of the candidates;
21
the person's signature must not be counted for any of the
22
candidates for the purposes of that subparagraph.
23
Nominations of 2 or more candidates as Senators
24
(1AAA) Subject to subsections (1A), (1AA) and (1B), a nomination may be
25
in Form CC in Schedule 1, and must:
26
(a) set out the name, place of residence and occupation of each
27
candidate; and
28
(b) be signed by the registered officer of the registered political
29
party by which the candidates have been endorsed for that
30
election.
31
Nominations for election Schedule 2
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 19
Other matters relating to nominations
1
2 Subsection 166(1C)
2
Omit ", or the candidates are,".
3
3 Subsection 166(1C)
4
Omit "or each candidate".
5
4 Paragraph 170(3)(a)
6
Omit "$1,000", substitute "$2,000".
7
5 Paragraph 170(3)(b)
8
Omit "$500", substitute "$1,000".
9
6 Form CB in Schedule 1
10
Repeal the Form.
11
12
Schedule 2 Nominations for election
Part 2 Application provision
20 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
Part 2--Application provision
1
7 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
Other amendments Schedule 3
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 21
Schedule 3--Other amendments
1
Part 1--Amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1) (definition of pre-poll voting office)
4
Omit "Electoral Commission", substitute "Electoral Commissioner".
5
2 Section 33
6
Repeal the section, substitute:
7
33 Assistant Returning Officers
8
(1) The Electoral Commissioner may, for the purposes of a particular
9
election, appoint a person to be an Assistant Returning Officer.
10
(2) A person appointed to be an Assistant Returning Officer may,
11
subject to the control of the Electoral Commissioner, perform such
12
functions and exercise such powers as are conferred on the person
13
by this Act.
14
(3) An appointment under subsection (1) terminates upon completion
15
of the election.
16
3 Paragraph 93(8)(a)
17
Omit "by reason of being of unsound mind,", substitute "in the opinion
18
of a qualified person,"
19
4 At the end of section 93
20
Add:
21
(11) In this section:
22
qualified person means a person who carries on, and is entitled to
23
carry on, an occupation that involves the provision of care for the
24
physical or mental health of people or for their well-being, and
25
includes any of the following:
26
(a) a medical practitioner;
27
(b)
a
psychiatrist;
28
Schedule 3 Other amendments
Part 1 Amendments
22 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
(c)
a
psychologist;
1
(d) a social worker.
2
5 Paragraph 98(2)(a)
3
Omit "the approved form", substitute "an approved form".
4
6 Subsection 98(4)
5
Omit "the form", substitute "a form".
6
7 Paragraph 100(1)(a)
7
Repeal the paragraph, substitute:
8
(a) has turned 16, but is under 18, years of age; and
9
8 Subsection 104(1)
10
Omit "or transfer of enrolment".
11
9 After subsection 104(4)
12
Insert:
13
(4A)
If:
14
(a) the address of an elector is not shown on the Roll for a
15
Subdivision because of this section; and
16
(b) the elector's name is transferred to a Roll for another
17
Subdivision;
18
the Electoral Commissioner must not enter the elector's address on
19
the Roll for the other Subdivision.
20
10 Paragraph 116(4)(b)
21
Omit "certificate of a medical practitioner", substitute "statement from a
22
qualified person (within the meaning of subsection 93(11))".
23
11 Subsection 118(4)
24
Omit "certificate of a medical practitioner stating that, in the opinion of
25
the medical practitioner, the elector, because of unsoundness of mind,",
26
substitute "statement from a qualified person (within the meaning of
27
subsection 93(11)), that, in the opinion of the qualified person, the
28
elector".
29
12 Subsection 120(2) (after table item 1)
30
Other amendments Schedule 3
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 23
Insert:
1
1A
A decision under section 94A to refuse an application under subsection
94A(1) by a person for enrolment for a Subdivision from outside Australia.
13 Subsection 120(2) (after table item 2)
2
2A
A decision under section 96 to refuse an application under subsection 96(1)
by a person for enrolment as an itinerant elector.
14 Paragraph 123(3)(b)
3
Repeal the paragraph, substitute:
4
(b)
an
elector.
5
15 Subsection 132(1)
6
Omit all the words after paragraph (b), substitute:
7
the Electoral Commissioner:
8
(c) must publish a notice of the application:
9
(i) in a newspaper circulating generally in each State and
10
Territory; and
11
(ii) on the Electoral Commission's website; and
12
(d) may publish the notice in any other way the Electoral
13
Commissioner considers appropriate.
14
16 Paragraph 132(2)(b)
15
Omit "in the Gazette", substitute "on the Electoral Commission's
16
website".
17
17 Paragraph 132(7)(b)
18
Omit "in the Gazette", substitute "on the Electoral Commission's
19
website".
20
18 Paragraph 133(1)(c)
21
Omit "; and", substitute ".".
22
19 Paragraph 133(1)(d)
23
Repeal the paragraph.
24
20 After subsection 133(1)
25
Insert:
26
Schedule 3 Other amendments
Part 1 Amendments
24 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
(1A) If the Electoral Commission makes a determination under
1
subsection (1) that a political party should be registered, the
2
Electoral Commissioner:
3
(a) must publish notice of the registration of the party on the
4
Electoral Commission's website; and
5
(b) may publish notice of the registration in any other way the
6
Electoral Commissioner considers appropriate.
7
21 Paragraph 134(6)(d)
8
Omit "; and", substitute ".".
9
22 Paragraph 134(6)(e)
10
Repeal the paragraph.
11
23 After subsection 134(6)
12
Insert:
13
(6A) If the Register is changed in accordance with paragraph (6)(a), the
14
Electoral Commissioner:
15
(a) must publish notice of the change on the Electoral
16
Commission's website; and
17
(b) may publish notice of the change in any other way the
18
Electoral Commissioner considers appropriate.
19
24 Paragraph 136(1A)(b)
20
Omit "; and", substitute ".".
21
25 Paragraph 136(1A)(c)
22
Repeal the paragraph.
23
26 After subsection 136(1A)
24
Insert:
25
(1B) If a political party is deregistered under subsection (1A), the
26
Electoral Commissioner:
27
(a) must publish notice of the deregistration on the Electoral
28
Commission's website; and
29
(b) may publish notice of the deregistration in any other way the
30
Electoral Commissioner considers appropriate.
31
Other amendments Schedule 3
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 25
27 Subsection 137(1)
1
Omit all the words after "the Commission", substitute "must give the
2
registered officer of the party notice, in writing, that it is considering
3
deregistering the party under this section, setting out its reasons for
4
considering doing so and the terms of the provisions of subsections (2),
5
(3), (4) and (5)".
6
28 After subsection 137(1)
7
Insert:
8
(1A) If the Electoral Commission gives a notice under subsection (1),
9
the Electoral Commissioner:
10
(a) must publish a notice, on the Electoral Commission's
11
website:
12
(i) stating that the Commission is considering deregistering
13
the party under this section; and
14
(ii) specifying the paragraph of subsection (1) by reason of
15
which it is considering doing so; and
16
(b) may publish a notice covered by paragraph (a) of this
17
subsection in any other way the Electoral Commissioner
18
considers appropriate.
19
29 Subsections 137(2) and (4)
20
Omit "paragraph (1)(d)", substitute "subsection (1)".
21
30 Subsection 137(4)
22
Omit all the words after "deregister the party".
23
31 Subsection 137(5)
24
Omit "paragraph (1)(d)", substitute "subsection (1)".
25
32 Paragraph 137(6)(b)
26
Omit "; and", substitute ".".
27
33 Paragraph 137(6)(c)
28
Repeal the paragraph.
29
34 After subsection 137(6)
30
Insert:
31
Schedule 3 Other amendments
Part 1 Amendments
26 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
(6A) If the Electoral Commission deregisters a party under
1
subsection (4) or (6), the Electoral Commissioner:
2
(a) must publish a notice of the deregistration on the Electoral
3
Commission's website; and
4
(b) may publish a notice of the deregistration in any other way
5
the Electoral Commissioner considers appropriate.
6
35 Subsection 174(2)
7
Omit "therein".
8
36 Paragraph 184A(2)(a)
9
Repeal the paragraph, substitute:
10
(a) the applicant's real place of living is not within 20
11
kilometres, by the shortest practicable route, of any polling
12
place;
13
37 Paragraph 235(1)(d)
14
Repeal the paragraph, substitute:
15
(d) a mark on the certified list of voters, or a record against an
16
approved list of voters, for the Division indicates that the
17
voter has already voted; or
18
38 After section 238
19
Insert:
20
238A Discarded ballot papers
21
(1) This section applies if:
22
(a) a ballot paper has been issued to a voter; and
23
(b) an officer is satisfied that the ballot paper has been discarded
24
by the voter.
25
(2)
The
officer
must:
26
(a) immediately cancel the ballot paper; and
27
(b) write "discarded" on the back of the ballot paper; and
28
(c) place the ballot paper in an envelope, seal the envelope and
29
write on the envelope an indication of the type of ballot paper
30
enclosed and that it is discarded; and
31
(d) sign the envelope.
32
Other amendments Schedule 3
Amendments Part 1
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 27
(3) The envelopes containing discarded ballot papers that have been
1
cancelled under this section must be:
2
(a) sealed up in a parcel; and
3
(b) given to the Divisional Returning Officer for the Division
4
after the close of the poll.
5
39 Subsection 248(1)
6
After "238,", insert "238A,".
7
40 After paragraph 7A of Schedule 3
8
Insert:
9
7B. Paragraphs 7 and 7A do not apply to a vote marked on a postal
10
ballot paper if:
11
(a) the envelope purporting to contain the postal ballot paper is
12
endorsed with the date and time of receipt under paragraph
13
195A(2)(c); and
14
(b) the date and time is before the close of the poll.
15
Referendum (Machinery Provisions) Act 1984
16
41 Subsection 3(1) (definition of pre-poll voting office)
17
Omit "Electoral Commission", substitute "Electoral Commissioner".
18
42 Subsections 6(1), (2) and (3)
19
Repeal the subsections, substitute:
20
(1) The Electoral Commissioner may, for the purposes of a
21
referendum, appoint a person to be an Assistant Returning Officer.
22
(2) A person appointed to be an Assistant Returning Officer may,
23
subject to the control of the Electoral Commissioner, perform such
24
functions and exercise such powers as are conferred on the person
25
by this Act.
26
(3) An appointment under subsection (1) terminates upon completion
27
of the referendum.
28
43 Paragraph 37(1)(d)
29
Repeal the paragraph, substitute:
30
Schedule 3 Other amendments
Part 1 Amendments
28 Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
No. , 2012
(d) a mark on the certified list of voters, or a record against an
1
approved list of voters, for the Division indicates that the
2
person has already voted; or
3
44 After section 41
4
Insert:
5
41AA Discarded ballot-papers
6
(1) This section applies if:
7
(a) a ballot-paper has been issued to a voter; and
8
(b) an officer is satisfied that the ballot-paper has been discarded
9
by the voter.
10
(2)
The
officer
must:
11
(a) immediately cancel the ballot-paper; and
12
(b) write "discarded" on the back of the ballot-paper; and
13
(c) place the ballot-paper in an envelope, seal the envelope and
14
write on the envelope an indication of the type of
15
ballot-paper enclosed and that it is discarded; and
16
(d) sign the envelope.
17
(3) The envelopes containing discarded ballot-papers that have been
18
cancelled under this section must be:
19
(a) sealed up in a parcel; and
20
(b) given to the DRO for the Division after the close of voting.
21
45 Subsection 75(1)
22
Omit "and 41", substitute ", 41 and 41AA".
23
46 After paragraph 7A of Schedule 4
24
Insert:
25
7B. Paragraphs 7 and 7A do not apply to a vote marked on a postal
26
ballot-paper if:
27
(a) the envelope purporting to contain the postal ballot-paper is
28
endorsed with the date and time of receipt under paragraph
29
67(2)(c); and
30
(b) the date and time is before the close of voting.
31
32
Other amendments Schedule 3
Application provisions Part 2
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 No. ,
2012 29
Part 2--Application provisions
1
47 Application of amendments
2
(1)
The amendments made by items 1, 2, 35 and 37 to 46 apply in relation
3
to elections and referendums the writs for which are issued on or after
4
the commencement of this Schedule.
5
(2)
The amendments made by items 5 and 6 apply in relation to claims
6
made on or after the commencement of this Schedule.
7
(3)
The amendment made by item 7 applies in relation to claims made
8
before, on or after the commencement of this Schedule.
9
(4)
The amendments made by items 8 and 9 apply in relation to transfers of
10
enrolment occurring on or after the commencement of this Schedule.
11
(5)
The amendments made by items 12 and 13 apply in relation to decisions
12
made on or after the commencement of this Schedule, whether the
13
applications to which the decisions relate were made before, on or after
14
that commencement.
15
(6)
The amendment made by item 14 applies for the purposes of working
16
out, on or after the commencement of this Schedule, who is a member
17
of a political party for the purposes of Part XI of the Commonwealth
18
Electoral Act 1918, as amended by this Act.
19
(7)
The amendments made by items 15 to 34 apply to the publication of
20
notices on or after the commencement of this Schedule, even if the
21
circumstances to which the notice relates arose wholly or partly before
22
that commencement.
23
(8)
The amendment made by item 36 applies in relation to applications
24
made on or after the commencement of this Schedule.
25

 

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