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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Electoral
and Referendum Amendment (Enrolment Integrity and Other Measures) Bill
2004
No. ,
2004
(Special Minister of
State)
A Bill for an Act to make further
amendments of the law relating to elections and referendums, and for related
purposes
Contents
Part 1—Amendments 5
Commonwealth Electoral Act
1918 5
Electoral and Referendum Amendment Act (No. 1)
1999 22
Public Employment (Consequential and Transitional) Amendment Act
1999 23
Referendum (Machinery Provisions) Act
1984 23
Part 2—Application of
amendments 29
A Bill for an Act to make further amendments of the law
relating to elections and referendums, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Electoral and Referendum Amendment
(Enrolment Integrity and Other Measures) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
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 on which this Act receives the Royal Assent. |
|
|
2. Schedule 1, items 1 to 4 |
The later of: (a) the 28th day after the day on which this Act receives the Royal Assent;
and (b) the commencement of item 3 of Schedule 1 to the Electoral
and Referendum Amendment (Access to Electoral Roll and Other Measures) Act
2004. |
|
|
3. Schedule 1, item 5 |
A single day to be fixed by Proclamation. |
|
|
4. Schedule 1, items 6, 7 and 8 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
5. Schedule 1, item 9 |
At the same time as the provision covered by table item 3. |
|
|
6. Schedule 1, item 10 |
A single day to be fixed by Proclamation. |
|
|
7. Schedule 1, item 11 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
8. Schedule 1, item 12 |
At the same time as the provision covered by table item 3. |
|
|
9. Schedule 1, item 13 |
At the same time as the provision covered by table item 6. |
|
|
10. Schedule 1, items 14 and 15 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
11. Schedule 1, item 16 |
At the same time as the provision covered by table item 3. |
|
|
12. Schedule 1, item 17 |
At the same time as the provision covered by table item 6. |
|
|
13. Schedule 1, item 18 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
14. Schedule 1, item 19 |
At the same time as the provision covered by table item 3. |
|
|
15. Schedule 1, items 20 to 36 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
16. Schedule 1, item 37 |
At the same time as the provision covered by table item 6. |
|
|
17. Schedule 1, items 38 to 41 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
18. Schedule 1, item 42 |
At the same time as the provision covered by table item 3. |
|
|
19. Schedule 1, items 43 and 44 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
20. Schedule 1, item 45 |
At the same time as the provision covered by table item 6. |
|
|
21. Schedule 1, items 46 to 61 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
22. Schedule 1, items 62 and 63 |
At the same time as the provision covered by table item 6. |
|
|
23. Schedule 1, items 64 to 77 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
24. Schedule 1, item 78 |
At the same time as the provision covered by table item 3. |
|
|
25. Schedule 1, items 79 to 102 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
26. Schedule 1, item 103 |
The day on which this Act receives the Royal Assent. |
|
|
27. Schedule 1, items 104 and 105 |
Immediately after the commencement of items 764 and 765 of
Schedule 1 to the Public Employment (Consequential and Transitional)
Amendment Act 1999. |
|
|
28. Schedule 1, items 106 to 109 |
At the same time as the provision covered by table item 6. |
|
|
29. Schedule 1 items 110 to 115 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
|
30. Schedule 1, item 116 |
At the same time as the provision covered by table item 3. |
|
|
31. Schedule 1, items 117 to 138 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Commonwealth Electoral Act
1918
1 Subsection 90B(1) (after table
item 4)
Insert:
|
4A |
a registered political party |
voting information (as defined in subsection (10)) in relation to the
election |
(a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
2 Subsection 90B(1) (after table
item 10)
Insert:
|
10A |
a Senator for a State or Territory (other than a member of a registered
political party) |
voting information (as defined in subsection (10)) in relation to the
election in which the Senator was elected |
(a) on request by the Senator; and (b) without charge. |
3 Subsection 90B(1) (after table
item 14)
Insert:
|
14A |
a member of the House of Representatives for a Division (other than a
member of a registered political party) |
voting information (as defined in subsection (10)) in relation to the
election in which the member was elected |
(a) on request by the member; and (b) without charge. |
4 Subsection 90B(10)
Insert:
voting information, in relation to an election, means
information that:
(a) contains the names and addresses of the electors who voted at the
election (other than itinerant electors, eligible overseas electors and electors
whose addresses have been excluded from the Roll under section 104);
and
(b) indicates whether or not each of those electors voted at a polling
place; and
(c) if the elector voted at a polling place for the Division for which the
elector was enrolled, indicates the location of the polling place.
5 Subsection 92(1)
Omit “and electoral officers”, substitute “electoral and
other prescribed officers”.
6 Paragraph 93(8)(b)
Omit “5 years or longer”, substitute
“imprisonment”.
7 After subsection 93(8A)
Insert:
(9) For the purposes of paragraph (8)(b), a person is serving a
sentence of imprisonment only if:
(a) the person is under detention on a full-time basis; and
(b) that detention is attributable to the sentence of imprisonment
concerned.
8 Paragraph 94A(1)(c)
After “he or she resided”, insert “at an
address”.
9 At the end of subsection
94A(2)
Add:
; and (e) must be supported by the evidence of:
(i) the person’s identity; and
(ii) any matter that is relevant to determining which Subdivision the
person should be enrolled in;
that is required by the regulations.
To avoid doubt, the requirement in paragraph (e) does not apply unless
regulations are in operation for the purposes of that paragraph when the
application is made.
10 Subsection 94A(4)
Repeal the subsection, substitute:
(4) If the application is received by an Australian Electoral
Officer:
(a) after 6 pm on the date of issue of a writ for an election to be held
in the Division to which the application relates; and
(b) during the postponement period;
no name may be placed on any Roll, or deleted from any Roll, as a result of
the application, until after the end of the postponement period. For this
purpose, the postponement period is:
(c) if the Australian Electoral Officer is satisfied that the applicant
has previously been an elector—the period commencing at 8 pm on the day on
which the Rolls close and ending on the close of polling at the election;
and
(d) in any other case—the period commencing at 6 pm on the date of
issue of the writ and ending on the close of polling at the election.
11 Paragraph 95(1)(e)
After “he or she resided”, insert “at an
address”.
12 At the end of subsection
95(2)
Add:
; and (d) supported by the evidence of:
(i) the applicant’s identity; and
(ii) any matter that is relevant to determining which Subdivision the
applicant should be enrolled in;
that is required by the regulations.
To avoid doubt, the requirement in paragraph (d) does not apply unless
regulations are in operation for the purposes of that paragraph when the
application is made.
13 Subsection 95(4)
Omit “8 p.m. on the day of the close of the Rolls”, substitute
“6 pm on the date of issue of the writ”.
14 Subsection 95AA(1) (paragraph (b) of the
definition of qualified Norfolk Islander)
After “he or she lived”, insert “at an
address”.
15 Subsection 95AA(1) (paragraph (b) of the
definition of qualified Norfolk Islander)
Omit “so lived”, substitute “lived at that
address”.
16 At the end of subsection
96(2)
Add:
; and (d) supported by the evidence of:
(i) the applicant’s identity; and
(ii) any matter that is relevant to determining which Subdivision the
applicant should be enrolled in;
that is required by the regulations.
To avoid doubt, the requirement in paragraph (d) does not apply unless
regulations are in operation for the purposes of that paragraph when the
application is made.
17 Subsection 96(4)
Repeal the subsection, substitute:
(4) If an application under this section is received by an Australian
Electoral Officer:
(a) after 6 pm on the date of issue of a writ for an election to be held
in the Division to which the application relates; and
(b) during the postponement period;
the name of the applicant must not be added to the Roll, and the annotation
of the Roll under subsection (2B) in relation to the applicant must not be
made, until after the end of the postponement period. For this purpose, the
postponement period is:
(c) if the Australian Electoral Officer is satisfied that the applicant
has previously been an elector—the period commencing at 8 pm on the day on
which the Rolls close and ending on the close of polling at the election;
and
(d) in any other case—the period commencing at 6 pm on the date of
issue of the writ and ending on the close of polling at the election.
18 Section 96A
Repeal the section.
19 At the end of subsection
98(2)
Add:
; and (d) be supported by the evidence of:
(i) the claimant’s identity; and
(ii) the place where the claimant lives if subparagraph (iii) does
not apply; and
(iii) any matter that is relevant to determining which Subdivision the
claimant should be enrolled in if the claimant’s entitlement to enrolment
arises under section 95AA (Norfolk Island electors);
that is required by the regulations.
To avoid doubt, the requirement in paragraph (d) does not apply unless
regulations are in operation for the purposes of that paragraph when the claim
is made.
20 Subsection 99(1)
After “who lives”, insert “at an
address”.
21 Subsection 99(1)
Omit “so lived”, substitute “lived at that
address”.
22 Subsection 99(1)
After “entitled”, insert “, in respect of residence at
that address,”.
23 Subsection 99(2)
After “who lives”, insert “at an
address”.
24 Subsection 99(2)
Omit “so lived”, substitute “lived at that
address”.
25 Subsection 99(2)
After “entitled”, insert “, in respect of residence at
that address,”.
26 Subsection 99(3)
Omit “, 96 and 96A”, substitute “and 96”.
27 Subsection 99(5)
After “in fact lived”, insert “at the relevant
address”.
28 Paragraph 99A(1)(b)
After “be entitled”, insert “, in respect of residence at
an address,”.
29 Paragraph 99A(2)(a)
After “is living”, insert “at an
address”.
30 Paragraph 99A(2)(b)
Omit “in that Subdivision”, substitute “at that
address”.
31 Paragraph 100(1)(b)
After “be entitled”, insert “, in respect of residence at
an address,”.
32 Subsection 101(5)
Repeal the subsection, substitute:
(5) Subject to subsection (5A), if a person enrolled for a
Subdivision (including a person whose address, in accordance with a request made
under section 104, is not entered on a Roll):
(a) has changed his or her place of living from one address in that
Subdivision to another address in the same Subdivision; and
(b) has lived at the new address for a period of one month;
the person must, within 21 days after the end of the period referred to in
paragraph (b), give written notice of the new address to the Divisional
Returning Officer for the Division that includes that Subdivision.
33 Subsection 101(6)
Omit “$50”, substitute “1 penalty unit”.
34 Paragraph 102(1)(b)
After “is entitled”, insert “, in respect of residence at
an address,”.
35 Paragraph 102(1)(ba)
After “properly enrolled”, insert “in respect of
residence at the address”.
36 Paragraph 102(1)(c)
After “is entitled”, insert “, in respect of residence at
an address,”.
37 Subsection 102(4)
Repeal the subsection, substitute:
(4) If a claim by a person under section 101 is received:
(a) after 6 pm on the date of issue of a writ for an election to be held
in the Division to which the claim relates; and
(b) during the postponement period;
the claim must not be considered until after the end of the postponement
period. For this purpose, the postponement period is:
(c) if the Divisional Returning Officer is satisfied that the claimant has
previously been an elector—the period commencing at 8 pm on the day on
which the Rolls close and ending on the close of polling at the election;
and
(d) in any other case—the period commencing at 6 pm on the date of
issue of the writ and ending on the close of polling at the election.
38 At the end of
section 104
Add:
(10) For the purposes of this Act, if the address of a person is not shown
on the Roll for a Subdivision because of a request made by the person under
subsection (1) or (2), the name of the person is taken to have been placed
on the Roll:
(a) if the person has not given notice of a change of address under
subsection 101(5)—in respect of the address that would have been shown on
the Roll had the request not been made; or
(b) if the person gives notice of a change of address under subsection
101(5)—in respect of the new address.
39 Paragraph 105(1)(b)
Omit “or address”.
40 After paragraph 105(1)(b)
Insert:
(ba) altering, in response to a written notice given by an elector, the
original address of the elector on the same Subdivision Roll;
41 After subsection 105(1)
Insert:
(1A) If the address of an elector is altered under paragraph (1)(ba)
or (h), then, after the alteration, this Act has effect as if the
elector’s name had been placed on the Roll in respect of the address as
altered.
42 Before subsection 105(2)
Insert:
(1B) An application by an elector under subsection 105(1) to alter the
elector’s name on a Subdivision Roll must be supported by the evidence of
the elector’s identity that is required by the regulations.
(1C) An application by an elector under subsection 105(1) to alter the
elector’s address on a Subdivision Roll must be supported by the evidence
(if any) of:
(a) the elector’s identity; and
(b) the place where the elector lives;
that is required by the regulations.
(1D) To avoid doubt, the requirement in subsection (1C) does not
apply unless regulations are in operation for the purposes of that subsection
when the application is made.
43 After subsection 105(3)
Insert:
(3A) Despite subsection (3), the address of an elector must not be
altered under paragraph (1)(ba) unless the Divisional Returning Officer is
satisfied that the elector has lived at the new address for a period of at least
one month.
44 Subsections 105(4) and (5)
Repeal the subsections, substitute:
(4) If a vote is:
(a) admitted to further scrutiny at a preliminary scrutiny of declaration
votes because of paragraph 12 of Schedule 3; or
(b) admitted to further scrutiny at a preliminary scrutiny conducted under
section 89A of the Referendum (Machinery Provisions) Act 1984
because of paragraph 11 of Schedule 4 to that Act;
the Divisional Returning Officer for the relevant Division must:
(c) as soon as practicable, review the elector’s entitlement to have
the elector’s name entered on the Roll for a Subdivision in that Division;
and
(d) if the Divisional Returning Officer is satisfied, as a result of the
review, that the elector’s name was removed from the roll for the Division
because of an error or mistake—enter the elector’s name on the Roll
for the Subdivision for which, but for the error or mistake, the name would have
appeared.
45 At the end of
section 105
Add:
(6) Despite subsection (3), if a notice given by an elector under
subsection 101(5) is received by the Divisional Returning Officer:
(a) after the time of issue of a writ for an election to be held in the
Division to which the notice relates; and
(b) during the postponement period;
the address of the elector on the relevant Roll must not be altered in
response to the notice until after the end of the postponement period. For this
purpose, the postponement period is the period commencing at 8 pm
on the day on which the Rolls close and ending on the close of polling at the
election.
46 Section 109
Omit “5 years or longer”, substitute “imprisonment
(within the meaning of subsection 93(8))”.
47 Subsection 113(1)
Insert:
Antarctic elector means an elector whose name has been
retained on the relevant Roll under Part XVII.
48 Subsection 113(1) (at the end of the definition
of official objection)
Add “or (4)”.
49 Subsection 113(1) (definition of private
objection)
Omit “or (1A)”, substitute “, (1A) or
(1B)”.
50 After subsection 114(1A)
Insert:
(1B) A person enrolled for a Subdivision may object to the enrolment of
another person for that Subdivision on the ground that:
(a) the other person’s name has been placed on the Roll for that
Subdivision in respect of a particular address; and
(b) at the date of the objection, the other person does not live at that
address, and has not lived at that address for a period of at least one month;
and
(c) the other person is not an Antarctic elector.
(1C) A person must not object under subsection (1) to the enrolment
of another person if the person could object under subsection (1B) to the
enrolment of the other person.
51 At the end of
section 114
Add:
(4) The DRO for a Division must object to the enrolment of a person for a
Subdivision of that Division if:
(a) the person’s name has been placed on the Roll for that
Subdivision in respect of a particular address; and
(b) at the date of the objection, there are reasonable grounds for
believing that the person does not live at that address, and has not lived at
that address for a period of at least one month; and
(c) the person is not an Antarctic elector.
(5) The DRO for a Division must not object under subsection (2) to
the enrolment of a person if the DRO could object under subsection (4) to
the enrolment of the person.
52 Subsection 115(2)
After “114(1)”, insert “or (1B)”.
53 Subsection 115(3)
Repeal the subsection.
54 Subsection 118(3)
Omit “If it appears”, substitute “In the case of an
objection under subsection 114(1), (1A) or (2), if it appears”.
55 After subsection 118(4)
Insert:
(4A) In the case of an objection under subsection 114(1B) or (4), if it
appears to the DRO that:
(a) the challenged elector’s name has been placed on the Roll for
the relevant Subdivision in respect of a particular address; and
(b) at the date of the objection, the challenged elector did not live at
that address, and had not lived at that address for a period of at least one
month; and
(c) the challenged elector is not an Antarctic elector;
the DRO must remove the elector’s name from the Roll for that
Subdivision.
56 Subsection 118(5)
After “(3)”, insert “or (4A)”.
57 Subsection 118(8)
After “114(1)”, insert “or (1B)”.
58 After paragraph 129(d)
Insert:
(da) is one that a reasonable person would think suggests that a
connection or relationship exists between the party and a registered party if
that connection or relationship does not in fact exist; or
59 Paragraph 134A(1)(a)
Repeal the paragraph, substitute:
(aa) one registered political party (the parent party) was
registered under section 126 before another registered party (the
second party); and
(a) the Commission is satisfied that:
(i) the name of the parent party is the same as, or relevantly similar to,
the name of the second party and the parties are not related at the time of the
objection; or
(ii) the name of the second party is one that a reasonable person would
think suggests that a connection or relationship exists between the second party
and the parent party and that connection or relationship does not in fact exist;
and
60 Paragraph 134A(1)(b)
Omit “party; and”, substitute “party;”.
61 Paragraph 134A(1)(c)
Repeal the paragraph.
62 Section 155
Omit “7 days”, substitute “3 working
days”.
63 At the end of
section 155
Add:
(2) In this section:
working day means any day except:
(a) Saturday or Sunday; or
(b) a day that is a public holiday in any State or Territory.
64 Subsection 173(1)
Omit “or (3)”.
65 Subsection 173(2)
Omit “If the candidate was nominated under subsection 167(3) and the
deposit was paid by a person other than the candidate, the”, substitute
“The”.
66 Subsections 173(2A) and (3)
Repeal the subsections.
67 Subsection 176(1)
After “the declaration place”, insert “for the relevant
State or Territory”.
68 Subsection 176(2)
After “nomination for the Division,”, insert “or at the
declaration place for the Division,”.
69 Subsection 176(4) (definition of declaration
place)
Repeal the definition, substitute:
declaration place means:
(a) for a Senate election for a State or Territory—a place
determined in relation to that State or Territory by the Australian Electoral
Officer for that State or Territory; and
(b) for a House of Representatives election for a Division—a place
determined in relation to that Division by the Australian Electoral Officer for
the relevant State or Territory.
70 Subsection 178(2)
Omit “the candidate was nominated under subsection 167(3)
and”.
71 At the end of paragraph
184A(2)(d)
Add “but not serving a sentence of imprisonment (within the meaning
of subsection 93(8))”.
72 After subsection 208(2)
Insert:
(2A) The list must also include the sex and date of birth of each person
whose name is included in the list.
73 Subsection 229(4)
Repeal the subsection, substitute:
(4) If the answers a person (the claimant) claiming to vote
gives to the questions in paragraphs (1)(a) and (b) do not satisfy the
presiding officer that the claimant is a particular person on the certified list
of voters, the officer may ask the claimant one or more other questions about
matters shown on the list for the particular person, to establish whether the
claimant is that particular person.
74 Section 230
After “given name,” (second occurring), insert “sex, date
of birth”.
75 Subsection 234(1)
After “person”, insert “(other than a
scrutineer)”.
76 Paragraph 235(1)(a)
Omit “vote;”, substitute “vote; or”.
77 After paragraph 235(1)(b)
Insert:
(c) the presiding officer has asked the person one or more questions under
subsection 229(4) about matters shown on the certified list of voters for a
particular person to establish whether the person is that particular person and
one of the following applies:
(i) the person’s answers do not accord with the relevant information
shown for that particular person on the list;
(ii) the person’s answers accord with the relevant information shown
for that particular person on the list but the officer is not satisfied that the
person is that particular person;
(iii) the person refused to answer fully; or
78 Subsection 235(2)
Repeal the subsection, substitute:
(2) A person to whom this section applies may cast a provisional vote
if:
(a) the person signs a declaration in the approved form on an envelope
addressed to the DRO for the Division for which the voter is, or claims to be,
enrolled; and
(b) if paragraph (1)(a) applies to the person—the person
produces to a polling official the evidence of:
(i) the person’s identity; and
(ii) the place where the person lives;
that is required by the regulations.
To avoid doubt, the requirement in paragraph (b) of this subsection
does not apply unless regulations are in operation for the purposes of that
paragraph when the vote is cast.
79 Subsection 305B(1)
Omit “$1,500”, substitute “$3,000”.
80 Subsection 305B(3A)
Omit “$1,500”, substitute “$3,000”.
81 Subsection 305B(3A)
Omit “$1,000”, substitute “$3,000”.
82 Subsection 306(1)
Omit “$1,000”, substitute “$3,000”.
83 Subsection 306A(1)
Omit “$1,500”, substitute “$3,000”.
84 Subsection 306A(2)
Omit “$1,500”, substitute “$3,000”.
85 Sections 310 and 311
Repeal the sections.
86 Subsection 314AC(1)
Omit “$1,500”, substitute “$3,000”.
87 Subsection 314AE(1)
Omit “$1,500”, substitute “$3,000”.
88 Subsection 331(1)
Omit “article or a paragraph”, substitute
“advertisement”.
89 Subsection 331(1)
Omit “not the article”, substitute “not the
advertisement”.
90 Subsection 331(1)
Omit “payment”, substitute
“consideration”.
91 Subsections 331(1) and (2)
Omit “article or paragraph” (wherever occurring), substitute
“advertisement”.
92 Subsection 337(1) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months.
93 After subsection 339(1B)
Insert:
(1C) A person is guilty of an offence if the person intentionally votes
more than once in the same election.
Penalty: 60 penalty units or imprisonment for 12 months, or both.
(1D) If a person votes more than once in the same election, the number of
offences the person is guilty of under subsection (1A) or (1C) because of
that voting is the number of times the person voted in that election less
one.
Note: This subsection means that each act of voting (other
than the one act of voting that would be legitimate) gives rise to a separate
offence but it is not necessary to know which act of voting was the first one
and therefore legitimate.
94 Paragraph 355(e)
Repeal the paragraph, substitute:
(e) be filed in the Registry of the High Court within 40 days
after:
(i) if the polling day for the election in dispute is not the polling day
for any other election—the return of the writ for the election;
or
(ii) if the polling day for the election in dispute is also the polling
day for another election or other elections—the return of whichever of the
writs for the election in dispute and that other election or those other
elections is returned last; or
(iii) if the choice or the appointment of a person to hold the place of a
Senator under section 15 of the Constitution is in dispute—the
notification of that choice or appointment.
95 Clause 9 of
Schedule 2
Omit “serving a sentence of imprisonment or otherwise under
detention”, substitute “under detention, but not serving a sentence
of imprisonment (within the meaning of subsection 93(8))”.
96 Subparagraph 10(b) of
Schedule 3
Omit “11A or 12”, substitute “12 or 13A”.
97 After subparagraph 10(b) of
Schedule 3
Insert:
(ba) in another group, the envelopes to which paragraph 13C
applies;
98 Subparagraph 11(b) of
Schedule 3
Omit “11A or 12”, substitute “12 or 13A”.
99 Paragraphs 11A and 11B of
Schedule 3
Repeal the paragraphs.
100 After paragraph 13 of
Schedule 3
Insert:
13A. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed the certificate or declaration on the
envelope is not enrolled for the Division; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the Division; and
(ii) that the elector has previously been enrolled for the Division;
and
(iii) that the elector’s name was omitted from the Roll for the
Division; and
(iv) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A).
13B. Subparagraph 13A(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
13C. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed a certificate or declaration on the
envelope is not enrolled for the State or Territory in which the Division is
situated; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the State or Territory in which the Division is situated; and
(ii) that the elector was not, at the time of voting, entitled to be
enrolled for the Division; and
(iii) that the elector has previously been enrolled for the Division;
and
(iv) that the elector’s name was omitted from the Roll for the
Division; and
(v) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A).
13D. Subparagraph 13C(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
101 Paragraph 14 of
Schedule 3
Omit “11B and 13”, substitute “13, 13B and
13D”.
102 Paragraph 19 of
Schedule 3
Omit “10(c)”, substitute “10(ba) or (c)”.
Electoral and Referendum
Amendment Act (No. 1) 1999
103 Items 10, 11 and 12 of
Schedule 1
Repeal the items.
Public Employment
(Consequential and Transitional) Amendment Act 1999
104 Item 764 of
Schedule 1
Omit “authorised”, substitute
“authorized”.
105 Item 765 of
Schedule 1
Omit “authorised”, substitute
“authorized”.
Referendum (Machinery
Provisions) Act 1984
106 Paragraph 4(2)(a)
Repeal the paragraph, substitute:
(a) if a claim for enrolment or transfer of enrolment under the
Commonwealth Electoral Act 1918 is received during the postponement
period—the claim must not be considered until after the end of the
postponement period; and
(aa) if a notice given by an elector under subsection 101(5) of the
Commonwealth Electoral Act 1918 is received during the postponement
period—the address of the elector on the relevant Roll must not be altered
in response to the notice until after the end of the postponement period;
and
107 At the end of
section 4
Add:
(3) In this section:
postponement period means:
(a) if the DRO or Australian Electoral Officer, as the case requires, is
satisfied that the claimant has previously been an elector—the period
commencing at 8 pm on the day on which the Rolls for the referendum close and
ending on the close of voting at the referendum; and
(b) in any other case—the period commencing at 6 pm on the date of
issue of the writ for the referendum and ending on the close of voting at the
referendum.
108 Subsection 9(1)
Omit “7 days”, substitute “3 working
days”.
109 At the end of
section 9
Add:
(3) In this section:
working day means any day except:
(a) Saturday or Sunday; or
(b) a day that is a public holiday in any State or Territory.
110 After subsection 22(2)
Insert:
(2A) The list must also include the sex and date of birth of each person
whose name is included in the list.
111 Subsection 30(4)
Repeal the subsection, substitute:
(4) If the answers a person (the claimant) claiming to vote
gives to the questions in paragraphs (1)(a) and (b) do not satisfy the
presiding officer that the claimant is a particular person on the certified list
of voters, the officer may ask the claimant one or more other questions about
matters shown on the list for the particular person, to establish whether the
claimant is that particular person.
112 Paragraph 32(1)(b)
After “given name,”, insert “a wrong sex, a wrong date of
birth,”.
113 Subsection 36(1)
After “person”, insert “(other than a
scrutineer)”.
114 Paragraph 37(1)(a)
Omit “vote;”, substitute “vote; or”.
115 After paragraph 37(1)(b)
Insert:
(c) the presiding officer has asked the person one or more questions under
subsection 30(4) about matters shown on the certified list of voters for a
particular person to establish whether the person is that particular person and
one of the following applies:
(i) the person’s answers do not accord with the relevant information
shown for that particular person on the list;
(ii) the person’s answers accord with the relevant information shown
for that particular person on the list but the officer is not satisfied that the
person is that particular person;
(iii) the person refused to answer fully; or
116 Subsection 37(2)
Repeal the subsection, substitute:
(2) A person to whom this section applies may cast a provisional vote
if:
(a) the person signs a declaration in the approved form on an envelope
addressed to the DRO for the Division for which the voter is, or claims to be,
enrolled; and
(b) if paragraph (1)(a) applies to the person—the person
produces to a polling official the evidence of:
(i) the person’s identity; and
(ii) the place where the person lives;
that is required by the regulations.
To avoid doubt, the requirement in paragraph (b) of this subsection
does not apply unless regulations are in operation for the purposes of that
paragraph when the vote is cast.
117 Subsection 62(4)
Repeal the subsection, substitute:
(4) A DRO, before making applications for postal votes available for
public inspection, must remove from any application by a person whose address
has been removed from the Roll under section 104 of the Commonwealth
Electoral Act 1918 all information other than the person’s
name.
118 Part IX
Repeal the Part.
119 Subsection 124(1)
Omit “article or a paragraph”, substitute
“advertisement”.
120 Subsection 124(1)
Omit “not the article”, substitute “not the
advertisement”.
121 Subsection 124(1)
Omit “payment”, substitute
“consideration”.
122 Subsection 124(1)
Omit “article or paragraph” (wherever occurring), substitute
“advertisement”.
123 Subsection 124(2)
Omit “article or item” (wherever occurring), substitute
“advertisement”.
124 Subsection 130(1A)
Omit “election”, substitute “referendum”.
125 After subsection 130(1B)
Insert:
(1C) A person is guilty of an offence if the person intentionally votes
more than once in the same referendum.
Penalty: 60 penalty units or imprisonment for 12 months, or both.
(1D) If a person votes more than once in the same referendum, the number
of offences the person is guilty of under subsection (1A) or (1C) because
of that voting is the number of times the person voted in that referendum less
one.
Note: This subsection means that each act of voting (other
than the one act of voting that would be legitimate) gives rise to a separate
offence but it is not necessary to know which act of voting was the first one
and therefore legitimate.
126 Clause 9 of
Schedule 3
Omit “serving a sentence of imprisonment or otherwise under
detention”, substitute “under detention, but not serving a sentence
of imprisonment (within the meaning of subsection 93(8) of the Commonwealth
Electoral Act 1918)”.
127 Subparagraph 10(b) of
Schedule 4
Omit “10A or 11”, substitute “11 or 12A”.
128 After subparagraph 10(b) of
Schedule 4
Insert:
(ba) in another group, the envelopes to which paragraph 12C
applies;
129 Paragraphs 10A and 10B of
Schedule 4
Repeal the paragraphs.
130 After paragraph 12 of
Schedule 4
Insert:
12A. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed the certificate or declaration on the
envelope is not enrolled for the Division; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the Division; and
(ii) that the elector has previously been enrolled for the Division;
and
(iii) that the elector’s name was omitted from the Roll for the
Division; and
(iv) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A) of the Commonwealth Electoral
Act 1918.
12B. Subparagraph 12A(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
12C. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed a certificate or declaration on the
envelope is not enrolled for the State or Territory in which the Division is
situated; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the State or Territory in which the Division is situated; and
(ii) that the elector was not, at the time of voting, entitled to be
enrolled for the Division; and
(iii) that the elector has previously been enrolled for the Division;
and
(iv) that the elector’s name was omitted from the Roll for the
Division; and
(v) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A) of the Commonwealth Electoral
Act 1918.
12D. Subparagraph 12C(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
131 Paragraph 13 of
Schedule 4
Omit “10B and 12”, substitute “12, 12B and
12D”.
132 Paragraph 17 of
Schedule 4
Omit “or (b)”, substitute “, (b) or
(ba)”.
Part 2—Application
of amendments
133 Transitional—enrolment in respect of an
address
(1) If, immediately before the commencement of this item:
(a) a person’s name was on the Roll for a Subdivision; and
(b) a particular address was shown on the Roll as the person’s place
of living;
the Commonwealth Electoral Act 1918 has effect, after that
commencement, as if the person’s name had been placed on the Roll in
respect of that address.
(2) If, immediately before the commencement of this item:
(a) a person’s name was on the Roll for a Subdivision; and
(b) because of a request made by the person under subsection 104(1) or
(2), the person’s address was not shown on the Roll;
the Commonwealth Electoral Act 1918 has effect, after that
commencement, as if the person’s name had been placed on the
Roll:
(c) if the person has not given notice of a change under subsection 105(1)
of that Act—in respect of the address that would have been shown on the
Roll had the request not been made; or
(d) if the person gives notice of a change of address under subsection
101(5) of that Act—in respect of the new address.
(3) Subitems (1) and (2) do not prevent:
(a) the removal or deletion of the person’s name from the Roll in
accordance with the Commonwealth Electoral Act 1918 as amended by this
Schedule; or
(b) the alteration of the Roll in accordance with the Commonwealth
Electoral Act 1918 as amended by this Schedule.
(4) This item is enacted for the avoidance of doubt.
134 Application of subparagraph 134A(1)(ab)(ii) of
the Commonwealth Electoral Act 1918
Subparagraph 134A(1)(ab)(ii) of the Commonwealth Electoral Act 1918
applies only if the second party referred to in that subparagraph is registered
after the commencement of item 59 of this Schedule.
135 Transitional—objections under Part IX
of the Commonwealth Electoral Act 1918
Despite the amendments of Part IX of the Commonwealth Electoral Act
1918 made by this Schedule, Parts IX and X of that Act continue to apply, in
relation to an objection made under Part IX of that Act before the
commencement of this item, as if those amendments had not been made.
136 Application—subsections 305B(1) and (3A)
of the Commonwealth Electoral Act 1918
The amendments of subsections 305B(1) and (3A) of the Commonwealth
Electoral Act 1918 made by this Schedule apply to:
(a) the financial year in which this item commences; and
(b) all later financial years.
137 Application—subsection 314AC(1) of the
Commonwealth Electoral Act 1918
The amendment of subsection 314AC(1) of the Commonwealth Electoral Act
1918 made by this Schedule applies to:
(a) the financial year in which this item commences; and
(b) all later financial years.
138 Application—subsection 314AE(1) of the
Commonwealth Electoral Act 1918
The amendment of subsection 314AE(1) of the Commonwealth Electoral Act
1918 made by this Schedule applies to:
(a) the financial year in which this item commences; and
(b) all later financial years.