ELECTORAL AND REFERENDUM AMENDMENT (CLOSE OF ROLLS AND OTHER MEASURES) BILL 2010

i Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendments relating to close of Rolls

Part 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Application of amendments

Schedule 2--Amendments relating to evidence of identity for

provisional votes

Part 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Application of amendments

Schedule 3--Amendments relating to pre-poll votes

Part 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Application of amendments

Schedule 4--Amendments relating to processing of enrolments

Part 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Transitional, application and saving provisions

Schedule 5--Amendments relating to nomination of candidates

Part 1--Amendments

Commonwealth Electoral Act 1918

Part 2--Application of amendments

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 1

A Bill for an Act to amend the law relating to

elections and referendums, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Electoral and Referendum

Amendment (Close of Rolls and Other Measures) Act 2010.

2 Commencement

(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.

2 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1 to

The day this Act receives the Royal Assent.

3. Schedule 4

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

4. Schedule 5

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of 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.

3 Schedule(s)

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.

Amendments relating to close of Rolls Schedule 1

Amendments Part 1

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 3

Schedule 1--Amendments relating to close of

Rolls

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Paragraph 94A(4)(a)

Omit "the date of the writ", substitute "the day of the close of the

Rolls".

2 Subsection 95(4)

Omit "the date of the writ", substitute "the day of the close of the

Rolls".

3 Subsection 96(4)

Omit "the date of the writ", substitute "the day of the close of the

Rolls".

4 Subsection 102(1)

Omit "subsections (4) and (4AA)", substitute "subsection (4)".

5 Subsection 102(2A)

Omit "the date of the writ or writs for the election", substitute "the day

on which the Rolls for the election close".

6 Subsections 102(4), (4AA) and (4AB)

Repeal the subsections, substitute:

(4) A claim under section 101 by a person to have his or her name

placed on the Roll for a Subdivision received during the period

starting at 8 pm on the day on which the Rolls for an election to be

held in the Subdivision close and ending on the close of polling at

the election must not be considered until after the end of that

period.

7 Paragraph 102(4A)(a)

Omit "or (4AA) (as the case requires)".

Schedule 1 Amendments relating to close of Rolls

Part 1 Amendments

4 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

8 Subparagraph 102(4A)(b)(ii)

Omit "or (4AA) (as the case requires)".

9 Subsection 102(4B)

Omit "subsections (4) and (4AA)", substitute "subsection (4)".

10 Paragraphs 102(4B)(a) and (b)

Omit "or (4AA) (as the case requires)".

11 Subsection 118(5)

Omit "the date of the writ", substitute "the day of the close of the

Rolls".

12 Section 155

Repeal the section, substitute:

155 Date for close of Rolls

The date fixed for the close of the Rolls is the 7th day after the date

of the writ.

Referendum (Machinery Provisions) Act 1984

13 Subsections 4(2) and (3)

Repeal the subsections, substitute:

(2) For the purposes of voting at a referendum:

(a) applications or claims for enrolment or transfer of enrolment

under the Commonwealth Electoral Act 1918 (including

applications or claims to which subsection 99B(6) or 100(2)

of that Act apply) that are received during the period:

(i) beginning at 8 pm on the day of the close of the Rolls

for a referendum; and

(ii) ending on the close of voting at the referendum;

must not be considered until after the end of that period; and

(b) a name must not be removed from a roll under section 118 of

the Commonwealth Electoral Act 1918 during the period

described in paragraph (a) of this subsection.

Schedule 1 Amendments relating to close of Rolls

Part 2 Application of amendments

6 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Part 2--Application of amendments

16 Application of amendments

The amendments made by this Schedule apply in relation to elections

and referendums the writs for which are issued on or after the

commencement of the amendments.

Amendments relating to evidence of identity for provisional votes Schedule 2

Amendments Part 1

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 7

Schedule 2--Amendments relating to

evidence of identity for provisional

votes

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsections 235(1B), (9) and (10)

Repeal the subsections.

2 After paragraph 3A of Schedule 3

Insert:

3B. For each envelope in relation to which the following paragraphs

are satisfied:

(a) the envelope purports to contain a provisional vote ballot

paper;

(b) the DRO has reason to doubt that the signature on the

envelope that purports to be the elector's signature is the

elector's signature;

the DRO must check the signature against the most recent record

(if any) of the elector's signature that is available to the DRO.

3 Subparagraph 6(ca) of Schedule 3

Repeal the subparagraph, substitute:

(ca) in the case of an envelope purporting to contain a provisional

vote ballot paper and in relation to which paragraph 3B

applies--that the signature on the envelope is that of the

elector; and

Referendum (Machinery Provisions) Act 1984

4 Subsections 37(1B), (9) and (10)

Repeal the subsections.

5 After paragraph 3A of Schedule 4

Insert:

Schedule 2 Amendments relating to evidence of identity for provisional votes

Part 1 Amendments

8 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

3B. For each envelope in relation to which the following paragraphs

are satisfied:

(a) the envelope purports to contain a provisional vote

ballot-paper;

(b) the DRO has reason to doubt that the signature on the

envelope that purports to be the elector's signature is the

elector's signature;

the DRO must check the signature against the most recent record

(if any) of the elector's signature that is available to the DRO.

6 Subparagraph 6(ca) of Schedule 4

Repeal the subparagraph, substitute:

(ca) in the case of an envelope purporting to contain a provisional

vote ballot-paper and in relation to which paragraph 3B

applies--that the signature on the envelope is that of the

elector; and

Amendments relating to evidence of identity for provisional votes Schedule 2

Application of amendments Part 2

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 9

Part 2--Application of amendments

7 Application of amendments

The amendments made by this Schedule apply in relation to elections

and referendums the writs for which are issued on or after the

commencement of the amendments.

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

10 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Schedule 3--Amendments relating to pre-poll

votes

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(1) (definition of Compartment)

Repeal the definition, substitute:

compartment means:

(a) in relation to a polling booth--a compartment constructed in

the polling booth pursuant to section 206; and

(b) in relation to a place at which pre-poll ordinary voting is

available--a compartment constructed in the place pursuant

to section 200DE.

Note:

For the places at which pre-poll ordinary voting is available, see

section 200DD.

2 Subsection 4(1) (paragraph (b) of the definition of

declaration vote)

After "pre-poll", insert "declaration".

3 Subsection 4(1)

Insert:

pre-poll declaration vote: see subsection 200AA(2).

4 Subsection 4(1)

Insert:

pre-poll ordinary vote: see subsection 200AA(2).

5 Subsection 99B(1) (note)

Omit "a postal, pre-poll, absent or provisional vote", substitute "a postal

vote, a pre-poll declaration vote, an absent vote or a provisional vote".

6 Before section 200A

Insert:

Amendments relating to pre-poll votes Schedule 3

Amendments Part 1

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 11

Division 1--Introduction

200AA Guide to this Part

(1) This Part deals with pre-poll votes.

(2) There are 2 different kinds of pre-poll vote:

(a)

pre-poll ordinary vote, which is a vote made in accordance

with Division 3; and

(b)

pre-poll declaration vote, which is a vote made in

accordance with Division 4.

(3) General matters relevant to both kinds of pre-poll vote are set out

in Division 2.

Division 2--General matters

7 At the end of subsection 200A(2)

Add:

Note:

A person who is provisionally enrolled is not entitled to vote by

pre-poll ordinary vote: see paragraph 200DG(2)(f).

8 Subsection 200A(3)

After "this Part", insert "(other than Division 3)".

9 After subsection 200BA(1)

Insert:

(1A) The Electoral Commission may, in a declaration under

subsection (1) or in a separate written declaration under this

subsection, specify that a particular pre-poll voting office located

in a Division is a place at which pre-poll ordinary voting is

available to voters enrolled for one or more specified other

Divisions.

Note:

For voters enrolled for a particular Division, pre-poll ordinary voting

is also available at pre-poll voting offices located in the Division or in

the office of the DRO for the Division (see section 200DD).

10 After subsection 200BA(3)

Insert:

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

12 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

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(3A) If the Electoral Commission makes a declaration under

subsection (1A), the Electoral Commission must cause a copy of

the declaration to be published in the Gazette.

11 Subsection 200BA(4)

After "subsection (1)", insert "or (1A)".

12 At the end of subsection 200C(1)

Add:

Note:

Pre-poll voting at the office of an Assistant Returning Officer outside

Australia must be by pre-poll declaration vote. Voting by pre-poll

ordinary vote is not available at such offices (see section 200DD).

13 At the end of subsection 200D(3)

Add:

Note:

Pre-poll voting at the office of an Assistant Returning Officer outside

Australia must be by pre-poll declaration vote. Voting by pre-poll

ordinary vote is not available at such offices (see section 200DD).

14 After section 200DB

Insert:

Division 3--Voting by pre-poll ordinary vote

Subdivision A--Preliminary

200DC Definitions

In this Division:

issuing officer: see subsection 200DH(2).

pre-poll ordinary ballot-box: see section 200DN.

voter: see subsection 200DG(1).

voter's Division: see paragraph 200DG(1)(b).

voting officer, in relation to a place at which pre-poll ordinary

voting is available, means a DRO, or a pre-poll voting officer, at

the place.

voting place: see paragraph 200DG(1)(b).

Amendments relating to pre-poll votes Schedule 3

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200DD Where is pre-poll ordinary voting available?

(1) Subject to subsections (2) and (3), for voters enrolled for a

particular Division, pre-poll ordinary voting is available at the

following places:

(a) any pre-poll voting office that is located within the Division;

(b) any other pre-poll voting office that is specified, as

mentioned in subsection 200BA(1A), as a place at which

pre-poll ordinary voting is available to voters enrolled for the

Division;

(2) The Electoral Commissioner may, in writing, determine that

pre-poll ordinary voting is not available at one or more specified

places, either generally or as specified in the determination.

(3) A determination made under subsection (2) is not a legislative

instrument.

(4) For voters enrolled for a particular Division, pre-poll ordinary

voting is not available at a particular place referred to in

subsection (1) unless a copy of the certified list of voters for the

Division has been delivered to the place (see subsection 208(4)).

200DE Separate voting compartments

Each place at which pre-poll ordinary voting is available must have

separate voting compartments, constructed so as to screen the

voters from observation while they are marking their ballot papers.

There must be a pencil in each compartment for use by voters.

200DF Ballot-boxes

(1) Each place at which pre-poll ordinary voting is available must be

provided with the necessary ballot-boxes.

(2) Each of those ballot-boxes must be capable of being securely

fastened.

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

14 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Subdivision B--Voting by pre-poll ordinary vote

200DG When is a person entitled to vote by pre-poll ordinary vote?

(1) Subject to subsection (2), a person (the voter) is entitled to vote by

pre-poll ordinary vote if:

(a) the voter has, in accordance with Division 2, applied for a

pre-poll vote; and

(b) the voter's name is on a copy of the certified list of voters for

a particular Division (the voter's Division) that has been

delivered to the place (the voting place) at which the

application is made; and

is available to voters enrolled for the voter's Division.

Note:

If the voter is not entitled to vote by pre-poll ordinary vote, the voter

may instead be able to vote by pre-poll declaration vote under

Division 4.

(2) The voter is not entitled to vote by pre-poll ordinary vote if:

(a) the voter does not comply with the requirements of

section 200DH relating to the pre-poll certificate for ordinary

voting; or

(b)

the

voter:

(i) refuses to answer fully any question he or she is asked

under section 200DI; or

(ii) answers a question specified in paragraph 200DI(1)(c)

in the affirmative; or

under subsection 200DI(2) about matters shown, for a

particular person, on a copy of the certified list of voters for

the voter's Division to establish whether the voter is that

particular person, and one of the following applies:

(i) the voter's answers do not accord with the relevant

information shown for that particular person on the list;

(ii) the voter's answers accord with the relevant information

shown for that particular person on the list but the

issuing officer is not satisfied that the person is that

particular person; or

Amendments relating to pre-poll votes Schedule 3

Amendments Part 1

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(d) the voter's name is on a copy of the certified list of voters for

the voter's Division but his or her address does not appear on

the list; or

(e) a mark on a copy of the certified list of voters for the voter's

Division indicates that the voter has already voted; or

(f) the voter is provisionally enrolled.

200DH Voter to complete and sign pre-poll vote certificate for

ordinary voting

(1) If, under subsection 200DG(1) (but disregarding subsection

200DG(2)), the voter is entitled to vote by pre-poll ordinary vote, a

voting officer must give the voter a pre-poll vote certificate for

ordinary voting.

(2) The voter must complete and sign the certificate and give it to a

voting officer (the issuing officer).

(3) A pre-poll vote certificate for ordinary voting must be in the

approved form.

200DI Questions to be put to voter

(1) The issuing officer must ask the voter the following questions:

(a) What is your full name?

(b) Where do you live?

before in these elections? (as the case requires).

(2) If the answers the voter gives to the questions in paragraphs (1)(a)

and (b) do not satisfy the issuing officer that the applicant is a

particular person on a copy of the certified list of voters for a

particular Division, the officer may ask the voter one or more other

questions about matters shown on the list for the particular person,

to establish whether the voter is that particular person.

200DJ Right of voter to receive ballot paper

(1) If, under section 200DG, the voter is entitled to vote by pre-poll

ordinary vote, the issuing officer must give the voter a ballot paper,

duly initialled by the officer.

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

16 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

(2) The issuing officer, at the request of a scrutineer, must note any

objection by the scrutineer to the right of the voter to vote by

pre-poll ordinary vote, and must keep that record.

(3) The issuing officer must, immediately after giving the ballot paper

to the voter, place a mark against the voter's name on a copy of the

certified list of voters for the voter's Division.

200DK Voter to mark vote on ballot paper

Except as otherwise prescribed by the regulations, the voter, upon

receipt of a ballot paper under section 200DJ, must without delay:

(a) go to an unoccupied compartment of the voting place and

mark his or her ballot paper in private; and

(b) fold the ballot paper so as to conceal his or her vote and

deposit it in a ballot-box; and

200DL Assistance to certain voters

(1) If the voter satisfies a voting officer that the voter cannot read or is

so disabled as to be unable to vote without assistance, a person

chosen by the voter may, according to the directions of the voter,

do any of the following acts:

(a) complete (but not sign) the pre-poll vote certificate for

ordinary voting;

(b) read the certificate to the voter;

(d) enter an unoccupied compartment of the voting place with

the voter and mark the voter's vote on the ballot paper;

(e) fold the ballot paper and deposit it in a ballot-box.

Note:

Subject to section 336, the pre-poll vote certificate for ordinary voting

must still be signed by the voter.

(2) Directions under subsection (1) may be given by reference to a

how-to-vote card.

(3) The other provisions of this Division have effect subject to this

section.

Amendments relating to pre-poll votes Schedule 3

Amendments Part 1

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 17

200DM Voter not entitled to vote again etc.

After the voter has, under sections 200DH and 200DJ, been given a

pre-poll vote certificate for ordinary voting and a ballot paper:

(a) the voter is not entitled to remove the certificate or the ballot

paper from the voting place; and

(b) the voter is not entitled to vote again in the same election.

Subdivision C--Requirements relating to ballot-boxes

200DN Subdivision sets out requirements to be complied with

This Subdivision sets out requirements to be complied with in

relation to each ballot-box (a pre-poll ordinary ballot-box) that is

used for pre-poll ordinary voting at a particular place.

200DO Requirements to be complied with before first use of

ballot-box

Before a ballot-box is first used for pre-poll ordinary voting at the

place, a voting officer, in the presence of any scrutineers, must

exhibit the ballot-box empty at the place, and then securely fasten

its cover.

200DP Requirements to be complied with at end of each day of use

of ballot-box

(1) At the end of each day when pre-poll ordinary voting is available at

the place, and in the presence of any scrutineers, each pre-poll

ordinary ballot-box used on that day must be closed, fastened and

sealed by a voting officer.

(2) After a pre-poll ordinary ballot-box has been sealed, it must on no

account be opened except as allowed by this Act.

200DQ Requirements to be complied with before ballot-box used

again on later day

If:

(a) a pre-poll ordinary ballot-box has been sealed after use at the

place on a day; and

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

18 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

(b) the ballot-box is to be used again on a later day for pre-poll

ordinary voting at the place;

before the ballot-box is so used again, a voting officer, in the

presence of any scrutineers, must examine the ballot-box, and

make it ready to receive ballot papers.

200DR Forwarding of ballot-boxes for purposes of scrutiny

(1) Subject to any directions under subsection (2), at the close of the

poll, a voting officer must, with the least possible delay, forward

each sealed pre-poll ordinary ballot-box for the purposes of

scrutiny.

(2) The DRO for the Division in which the place is located may direct

that one or more sealed pre-poll ordinary ballot-boxes at the place

are to be forwarded, for the purposes of scrutiny, before the close

of the poll.

(3) If a direction made under subsection (2) is in writing, the direction

is not a legislative instrument.

Division 4--Voting by pre-poll declaration vote

200DS Persons to whom this Division applies

This Division applies to a person who has, in accordance with

Division 2, applied for a pre-poll vote but who is not, under

Division 3, entitled to vote by pre-poll ordinary vote.

15 Subsection 200E(1)

Omit "The officer to whom an application for a pre-poll vote is made",

substitute "If this Division applies to a person (the elector) who has

applied for a pre-poll vote, the officer to whom the application was

made".

Note:

The heading to section 200E is replaced by the heading "Pre-poll declaration voting".

16 Paragraph 200E(1)(a)

After "certificate", insert "for declaration voting".

17 Subsection 200E(9)

After "pre-poll vote certificate", insert "for declaration voting".

Amendments relating to pre-poll votes Schedule 3

Amendments Part 1

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 19

18 Section 200F

After "pre-poll vote certificate", insert "for declaration voting".

Note:

The heading to section 200F is altered by adding at the end "for declaration voting".

19 Subsection 200G(1)

After "Where", insert ", under subsection 200E(1),".

20 Subsection 200G(1)

After "pre-poll vote certificate", insert "for declaration voting".

21 Subsection 200G(2)

After "Where", insert ", under subsection 200E(1)".

22 Subsection 200G(2)

After "pre-poll vote certificate", insert "for declaration voting".

23 Paragraph 200J(1)(a)

After "issued", insert "under subsection 200E(1)".

24 Section 200K

After "when", insert ", under section 200E,".

25 Section 200K

After "pre-poll vote certificate", insert "for declaration voting".

26 Section 201

After "pre-poll vote certificate", insert "for declaration voting".

27 Subsections 202(1) and (2)

After "pre-poll", insert "declaration".

28 At the end of section 208

Add:

(4) The Electoral Commissioner must also arrange for a copy of the

certified list of voters for a Division to be delivered to each place at

which pre-poll ordinary voting is, under section 200DD (but

disregarding subsection 200DD(4)), available to voters enrolled for

the Division.

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

20 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

29 Subsection 221(3)

After "section 229", insert "or 200DI".

30 Section 230

After "presiding officer,", insert "or the issuing officer within the

meaning of Division 3 of Part XVA,".

31 Subsection 238(1)

After "presiding officer" (first occurring), insert ", or the issuing officer

within the meaning of Division 3 of Part XVA,".

32 Subsection 238(1)

After "presiding officer" (second occurring), insert "or issuing officer".

33 Subsection 238(4)

Omit "cancelled at a polling place", substitute "that have been cancelled

under subsection (1) or (2)".

34 Paragraph 268(1)(a)

After "presiding officer", insert "or the issuing officer (within the

meaning of Division 3 of Part XVA),".

35 Paragraph 273(2)(a)

Repeal the paragraph, substitute:

(a) exhibit for the inspection of the scrutineers:

(i) each ballot-box received from a presiding officer,

electoral visitor or mobile polling team leader; and

(ii) each pre-poll ordinary ballot-box (within the meaning of

Division 3 of Part XVA) received from a voting officer

(within the meaning of that Division);

36 Paragraph 273(2)(ab)

Repeal the paragraph, substitute:

(ab) check the accuracy of the statement of the presiding officer,

electoral visitor, mobile polling team leader or voting officer

by:

(i) removing the ballot papers from the box; and

(ii) counting, but not inspecting, them; and

Amendments relating to pre-poll votes Schedule 3

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2010 21

(iii) recording the number of ballot papers removed from the

box;

37 Paragraph 274(2)(a)

Repeal the paragraph, substitute:

(a) exhibit for the inspection of the scrutineers:

(i) each ballot-box received from a presiding officer,

electoral visitor or mobile polling team leader; and

(ii) each pre-poll ordinary ballot-box (within the meaning of

Division 3 of Part XVA) received from a voting officer

(within the meaning of that Division);

38 Paragraph 274(2)(ab)

Omit "or mobile polling team leader", substitute ", mobile polling team

leader or voting officer".

39 Paragraph 393A(1)(f)

After "certificates", insert "(both for ordinary voting and for declaration

voting)".

Referendum (Machinery Provisions) Act 1984

40 Subsection 3(1)

Insert:

compartment means:

(a) in relation to a polling booth--a compartment constructed in

the polling booth pursuant to section 20; and

(b) in relation to a place at which pre-poll ordinary voting is

available--a compartment constructed in the place pursuant

to section 73CE.

Note:

For the places at which pre-poll ordinary voting is available, see

section 73CD.

41 Subsection 3(1) (paragraph (b) of the definition of

declaration vote)

After "pre-poll", insert "declaration".

42 Subsection 3(1)

Schedule 3 Amendments relating to pre-poll votes

Part 1 Amendments

22 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Insert:

pre-poll declaration vote: see subsection 71A(2).

43 Subsection 3(1)

Insert:

pre-poll ordinary vote: see subsection 71A(2).

44 At the end of section 22

Add:

(4) The Electoral Commissioner must also arrange for a copy of the

certified list of voters for a Division to be delivered to each place at

which pre-poll ordinary voting is, under section 73CD (but

disregarding subsection 73CD(4)), available to voters enrolled for

the Division.

45 Subsection 32(1)

After "presiding officer,", insert "or the issuing officer within the

meaning of Division 3 of Part IVA,".

46 Subsection 38(1) (note 1)

Omit "a postal, pre-poll, absent or provisional vote", substitute "a postal

vote, a pre-poll declaration vote, an absent vote or a provisional vote".

47 Subsection 41(1)

After "at which the person is voting", insert ", or the issuing officer

within the meaning of Division 3 of Part IVA,".

48 Subsection 41(1)

After "presiding officer" (second occurring), insert "or issuing officer".

49 Subsection 41(4)

Omit "cancelled at a polling place", substitute "that have been cancelled

under subsection (1) or (2)".

50 Before section 72

Insert:

Amendments relating to pre-poll votes Schedule 3

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Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

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Division 1--Introduction

71A Guide to this Part

(1) This Part deals with pre-poll votes.

(2) There are 2 different kinds of pre-poll vote:

(a)

pre-poll ordinary vote, which is a vote made in accordance

with Division 3; and

(b)

pre-poll declaration vote, which is a vote made in

accordance with Division 4.

(3) General matters relevant to both kinds of pre-poll vote are set out

in Division 2.

Division 2--General matters

51 At the end of subsection 72(2)

Add:

Note:

A person who is provisionally enrolled is not entitled to vote by

pre-poll ordinary vote: see paragraph 73CG(2)(f).

52 Subsection 72(3)

After "this Part", insert "(other than Division 3)".

53 After subsection 73AA(1)

Insert:

(1A) The Electoral Commission may, in a declaration under

subsection (1) or in a separate written declaration under this

subsection, specify that a particular pre-poll voting office located

in a Division is a place at which pre-poll ordinary voting is

available to voters enrolled for one or more specified other

Divisions.

Note:

For voters enrolled for a particular Division, pre-poll ordinary voting

is also available at pre-poll voting offices located in the Division or in

the office of the DRO for the Division (see section 73CD).

54 After subsection 73AA(3)

Insert:

Schedule 3 Amendments relating to pre-poll votes

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24 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

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(3A) If the Electoral Commission makes a declaration under

subsection (1A), the Electoral Commission must cause a copy of

the declaration to be published in the Gazette.

55 Subsection 73AA(4)

After "subsection (1)", insert "or (1A)".

56 At the end of subsection 73A(1)

Add:

Note:

Pre-poll voting at the office of an Assistant Returning Officer outside

Australia must be by pre-poll declaration vote. Voting by pre-poll

ordinary vote is not available at such offices (see section 73CD).

57 At the end of subsection 73B(3)

Add:

Note:

Pre-poll voting at the office of an Assistant Returning Officer outside

Australia must be by pre-poll declaration vote. Voting by pre-poll

ordinary vote is not available at such offices (see section 73CD).

58 After paragraph 73C(a)

Insert:

(aa) the specification of a place in accordance with subsection

200BA(1A) of the Commonwealth Electoral Act 1918 is to

be regarded as having been made in relation to the place in

accordance with subsection 73AA(1A) of this Act for the

purposes of the referendum;

(ab) a determination made in relation to a place in accordance

with subsection 200DD(2) of the Commonwealth Electoral

Act 1918 is to be regarded as having been made in relation to

the place in accordance with subsection 73CD(2) of this Act

for the purposes of the referendum;

59 Paragraph 73C(c)

Repeal the paragraph, substitute:

of the election also has effect as a pre-poll vote certificate for

ordinary voting for the purposes of the referendum;

(ca) a pre-poll vote certificate for declaration voting for the

purposes of the election also has effect as a pre-poll vote

Amendments relating to pre-poll votes Schedule 3

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certificate for declaration voting for the purposes of the

referendum;

60 After section 73CB

Insert:

Division 3--Voting by pre-poll ordinary vote

Subdivision A--Preliminary

73CC Definitions

In this Division:

issuing officer: see subsection 73CH(2).

pre-poll ordinary ballot-box: see section 73CN.

voter: see subsection 73CG(1).

voter's Division: see paragraph 73CG(1)(b).

voting officer, in relation to a place at which pre-poll ordinary

voting is available, means a DRO, or a pre-poll voting officer, at

the place.

voting place: see paragraph 73CG(1)(b).

73CD Where is pre-poll ordinary voting available?

(1) Subject to subsections (2) and (3), for voters enrolled for a

particular Division, pre-poll ordinary voting is available at the

following places:

(a) any pre-poll voting office that is located within the Division;

(b) any other pre-poll voting office that is specified, as

mentioned in subsection 73AA(1A), as a place at which

pre-poll ordinary voting is available to voters enrolled for the

Division;

(2) The Electoral Commissioner may, in writing, determine that

pre-poll ordinary voting is not available at one or more specified

places, either generally or as specified in the determination.

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26 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

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(3) A determination made under subsection (2) is not a legislative

instrument.

(4) For voters enrolled for a particular Division, pre-poll ordinary

voting is not available at a particular place referred to in

subsection (1) unless a copy of the certified list of voters for the

Division has been delivered to the place (see subsection 22(4)).

73CE Separate voting compartments

Each place at which pre-poll ordinary voting is available must have

separate voting compartments, constructed so as to screen the

voters from observation while they are marking their ballot-papers.

There must be a pencil in each compartment for use by voters.

73CF Ballot-boxes

(1) Each place at which pre-poll ordinary voting is available must be

provided with the necessary ballot-boxes.

(2) Each of those ballot-boxes must be capable of being securely

fastened.

Subdivision B--Voting by pre-poll ordinary vote

73CG When is a person entitled to vote by pre-poll ordinary vote?

(1) Subject to subsection (2), a person (the voter) is entitled to vote by

pre-poll ordinary vote if:

(a) the voter has, in accordance with Division 2, applied for a

pre-poll vote; and

(b) the voter's name is on a copy of the certified list of voters for

a particular Division (the voter's Division) that has been

delivered to the place (the voting place) at which the

application is made; and

is available to voters enrolled for the voter's Division.

Note:

If the voter is not entitled to vote by pre-poll ordinary vote, the voter

may instead be able to vote by pre-poll declaration vote under

Division 4.

(2) The voter is not entitled to vote by pre-poll ordinary vote if:

Amendments relating to pre-poll votes Schedule 3

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(a) the voter does not comply with the requirements of

section 73CH relating to the pre-poll certificate for ordinary

voting; or

(b)

the

voter:

(i) refuses to answer fully any question he or she is asked

under section 73CI; or

(ii) answers a question specified in paragraph 73CI(1)(c) or

subsection 73CI(4) in the affirmative; or

under subsection 73CI(2) about matters shown, for a

particular person, on a copy of the certified list of voters for

the voter's Division to establish whether the voter is that

particular person, and one of the following applies:

(i) the voter's answers do not accord with the relevant

information shown for that particular person on the list;

(ii) the voter's answers accord with the relevant information

shown for that particular person on the list but the

issuing officer is not satisfied that the person is that

particular person; or

(d) the voter's name is on a copy of the certified list of voters for

the voter's Division but his or her address does not appear on

the list; or

(e) a mark on a copy of the certified list of voters for the voter's

Division indicates that the voter has already voted; or

(f) the voter is provisionally enrolled.

73CH Voter to complete and sign pre-poll vote certificate for

ordinary voting

(1) If, under subsection 73CG(1) (but disregarding subsection

73CG(2)), the voter is entitled to vote by pre-poll ordinary vote, a

voting officer must give the voter a pre-poll vote certificate for

ordinary voting.

(2) The voter must complete and sign the certificate and give it to a

voting officer (the issuing officer).

(3) A pre-poll vote certificate for ordinary voting must be in the

approved form.

Schedule 3 Amendments relating to pre-poll votes

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28 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

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73CI Questions to be put to voter

(1) The issuing officer must ask the voter the following questions:

(a) What is your full name?

(b) Where do you live?

voted before in these referendums? (as the case requires).

(2) If the answers the voter gives to the questions in paragraphs (1)(a)

and (b) do not satisfy the issuing officer that the applicant is a

particular person on a copy of the certified list of voters for a

particular Division, the officer may ask the voter one or more other

questions about matters shown on the list for the particular person,

to establish whether the voter is that particular person.

If election is held on same day

(3) If the voting day for a referendum is the same as that fixed for the

polling at an election, the answers by the voter under section 200DI

of the Commonwealth Electoral Act 1918 for the purposes of the

election may, if they are satisfactory as regards the election, be

accepted as sufficient to enable the person to vote at the

referendum.

(4) If the issuing officer accepts, pursuant to subsection (3), the

answers by the voter to the questions referred to in that subsection

as sufficient to enable the person to vote at a referendum, the

officer may, if he or she thinks fit, put to the voter the following

question, namely, Have you already voted, either here or

elsewhere, at this referendum (or these referendums, as the case

requires)?

73CJ Right of voter to receive ballot-paper

(1) If, under section 73CG, the voter is entitled to vote by pre-poll

ordinary vote, the issuing officer must give the voter a ballot-paper,

duly initialled by the officer.

(2) The issuing officer, at the request of a scrutineer, must note any

objection by the scrutineer to the right of the voter to vote by

pre-poll ordinary vote, and must keep that record.

Amendments relating to pre-poll votes Schedule 3

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2010 29

(3) The issuing officer must, immediately after giving the ballot-paper

to the voter, place a mark against the voter's name on a copy of the

certified list of voters for the voter's Division.

73CK Voter to mark vote on ballot-paper

Except as otherwise prescribed by the regulations, the voter, upon

receipt of a ballot-paper under section 73CJ, must without delay:

(a) go to an unoccupied compartment of the voting place and

mark his or her ballot-paper in private; and

(b) fold the ballot-paper so as to conceal his or her vote and

deposit it in a ballot-box; and

73CL Assistance to certain voters

(1) If the voter satisfies a voting officer that the voter cannot read or is

so disabled as to be unable to vote without assistance, a person

chosen by the voter may, according to the directions of the voter,

do any of the following acts:

(a) complete (but not sign) the pre-poll vote certificate for

ordinary voting;

(b) read the certificate to the voter;

(d) enter an unoccupied compartment of the voting place with

the voter and mark the voter's vote on the ballot-paper;

(e) fold the ballot-paper and deposit it in a ballot-box.

Note:

Subject to section 127, the pre-poll vote certificate for ordinary voting

must still be signed by the voter.

(2) Directions under subsection (1) may be given by reference to a

how-to-vote card.

(3) The other provisions of this Division have effect subject to this

section.

73CM Voter not entitled to vote again etc.

After the voter has, under sections 73CH and 73CJ, been given a

pre-poll vote certificate for ordinary voting and a ballot-paper:

Schedule 3 Amendments relating to pre-poll votes

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30 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

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(a) the voter is not entitled to remove the certificate or the

ballot-paper from the voting place; and

(b) the voter is not entitled to vote again in the same referendum.

Subdivision C--Requirements relating to ballot-boxes

73CN Subdivision sets out requirements to be complied with

This Subdivision sets out requirements to be complied with in

relation to each ballot-box (a pre-poll ordinary ballot-box) that is

used for pre-poll ordinary voting at a particular place.

73CO Requirements to be complied with before first use of

ballot-box

Before a ballot-box is first used for pre-poll ordinary voting at the

place, a voting officer, in the presence of any scrutineers, must

exhibit the ballot-box empty at the place, and then securely fasten

its cover.

73CP Requirements to be complied with at end of each day of use of

ballot-box

(1) At the end of each day when pre-poll ordinary voting is available at

the place, and in the presence of any scrutineers, each pre-poll

ordinary ballot-box used on that day must be closed, fastened and

sealed by a voting officer.

(2) After a pre-poll ordinary ballot-box has been sealed, it must on no

account be opened except as allowed by this Act.

73CQ Requirements to be complied with before ballot-box used

again on later day

If:

(a) a pre-poll ordinary ballot-box has been sealed after use at the

place on a day; and

(b) the ballot-box is to be used again on a later day for pre-poll

ordinary voting at the place;

before the ballot-box is so used again, a voting officer, in the

presence of any scrutineers, must examine the ballot-box, and

make it ready to receive ballot-papers.

Amendments relating to pre-poll votes Schedule 3

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2010 31

73CR Forwarding of ballot-boxes for purposes of scrutiny

(1) Subject to any directions under subsection (2), at the close of the

poll, a voting officer must, with the least possible delay, forward

each sealed pre-poll ordinary ballot-box for the purposes of

scrutiny.

(2) The DRO for the Division in which the place is located may direct

that one or more sealed pre-poll ordinary ballot-boxes at the place

are to be forwarded, for the purposes of scrutiny, before the close

of the poll.

(3) If a direction made under subsection (2) is in writing, the direction

is not a legislative instrument.

Division 4--Voting by pre-poll declaration vote

73CS Persons to whom this Division applies

This Division applies to a person who has, in accordance with

Division 2, applied for a pre-poll vote but who is not, under

Division 3, entitled to vote by pre-poll ordinary vote.

61 Subsection 73D(1)

Omit "The officer to whom an application for a pre-poll vote is made",

substitute "If this Division applies to a person (the elector) who has

applied for a pre-poll vote, the officer to whom the application was

made".

Note:

The heading to section 73D is replaced by the heading "Pre-poll declaration voting".

62 Subection 73D(1)

After "certificate", insert "for declaration voting".

63 Subsection 73D(9)

After "pre-poll vote certificate", insert "for declaration voting".

64 Section 73E

After "pre-poll vote certificate", insert "for declaration voting".

Note:

The heading to section 73E is altered by adding at the end "for declaration voting".

65 Subsection 73F(1)

Schedule 3 Amendments relating to pre-poll votes

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32 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

After "Where", insert ", under subsection 73D(1),".

66 Subsection 73F(1)

After "pre-poll vote certificate", insert "for declaration voting".

67 Subsection 73F(2)

After "Where", insert ", under subsection 73D(1)".

68 Subsection 73F(2)

After "pre-poll vote certificate", insert "for declaration voting".

69 Paragraph 73H(1)(a)

After "issued", insert "under subsection 73D(1)".

70 Section 73J

After "when", insert ", under section 73D,".

71 Section 73J

After "pre-poll vote certificate", insert "for declaration voting".

72 Section 73K

After "pre-poll vote certificate", insert "for declaration voting".

73 At the end of subparagraph 90(1)(e)(i)

Add ", and each pre-poll ordinary ballot-box (within the meaning of

Division 3 of Part IVA) received from a voting officer (within the

meaning of that Division)".

74 Subparagraph 90(1)(e)(iii)

Omit "or electoral visitor", substitute ", electoral visitor or voting

officer".

75 Paragraph 93(1)(a)

After "presiding officer", insert "or the issuing officer (within the

meaning of Division 3 of Part IVA),".

76 Paragraph 142A(1)(f)

After "certificates", insert "(both for ordinary voting and for declaration

voting)".

Amendments relating to pre-poll votes Schedule 3

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2010 33

Part 2--Application of amendments

77 Application of amendments

(1)

The amendments made by this Schedule apply in relation to elections

and referendums the writs for which are issued on or after the

commencement of the amendments.

(2)

However, the amendments do not apply to any by-election that is held

before the first general election to which the amendments apply.

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

34 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Schedule 4--Amendments relating to

processing of enrolments

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(1) (at the end of the definition of officer)

Add ", and any other member of the staff of the Electoral Commission

who is a delegate of the Electoral Commissioner under subsection

28(2)".

2 Section 28

Before "The", insert "(1)".

3 At the end of section 28

Add:

Delegation of enrolment powers and functions

(2) The Electoral Commissioner may, in writing, delegate all or any of

his or her enrolment powers and functions to any of the following:

(a)

any

officer;

(b) any other member of the staff of the Electoral Commission.

Note: The

definition

officer covers Australian Electoral Officers and

Divisional Returning Officers, as well as various other people.

(3) In exercising powers or performing functions delegated under

subsection (2), the delegate must comply with any directions of the

Electoral Commissioner.

(4) In subsection (2):

enrolment powers and functions means the powers and functions

of the Electoral Commissioner under the following provisions:

(a) sections 86 and 87;

(b) the provisions of Parts VII, VIII, IX and X;

(d)

section

249.

Amendments relating to processing of enrolments Schedule 4

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2010 35

4 Subsection 86(3)

Omit "relevant officer" (wherever occurring), substitute "Electoral

Commissioner".

5 Subsection 86(4)

Repeal the subsection.

6 Section 87

Omit all the words from and including "Upon" to and including

"shall:", substitute "If a new Roll for a Subdivision is prepared, the

Electoral Commissioner must:".

7 Subsection 93A(2)

Omit "A Divisional Returning Officer or Australian Electoral Officer",

substitute "The Electoral Commissioner".

8 Subsection 93A(2)

Omit "Divisional Returning Officer or Australian Electoral Officer"

(second occurring), substitute "Electoral Commissioner".

9 Subsection 93A(3)

Omit "A Divisional Returning Officer or Australian Electoral Officer",

substitute "The Electoral Commissioner".

10 Subsection 93A(4)

Omit "A Divisional Returning Officer or Australian Electoral Officer

who decides under this section to refuse to include a person's name in a

Roll", substitute "If the Electoral Commissioner decides under this

section to refuse to include a person's name in a Roll, the Electoral

Commissioner".

11 Subsection 94(1)

Omit "Divisional Returning Officer for that Division", substitute

"Electoral Commissioner".

12 Paragraph 94(2)(a)

Omit "Divisional Returning Officer", substitute "Electoral

Commissioner".

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

36 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

13 Subsection 94(4)

Omit "Divisional Returning Officer for a Division", substitute

"Electoral Commissioner".

14 Subsection 94(4)

Omit "Divisional Returning Officer" (second occurring), substitute

"Electoral Commissioner".

15 Subsection 94(5)

Omit "Divisional Returning Officer to whom the application was

made", substitute "Electoral Commissioner".

16 Subsection 94(8)

Omit "Divisional Returning Officer for the Division for which he or she

is enrolled", substitute "Electoral Commissioner".

17 Subsection 94(8)

Omit "Divisional Returning Officer to whom the application is made",

substitute "Electoral Commissioner".

18 Subsection 94(9)

Omit "Divisional Returning Officer for the Division for which he or she

is enrolled", substitute "Electoral Commissioner".

19 Subsection 94(9)

Omit "Divisional Returning Officer to whom the application is made",

substitute "Electoral Commissioner".

20 Subsection 94(11)

Omit "Divisional Returning Officer for the Division for which he or she

is enrolled", substitute "Electoral Commissioner".

21 Subsection 94(14)

Omit "Divisional Returning Officer for the Division on the Roll for a

Subdivision of which an annotation in relation to a person under

subsection (2) has been made", substitute "Electoral Commissioner has

annotated a Roll for a Subdivision of a Division in relation to a person

under subsection (2) and the Electoral Commissioner".

Amendments relating to processing of enrolments Schedule 4

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2010 37

22 Subsection 94(14)

Omit "DRO", substitute "Electoral Commissioner".

23 Paragraph 94(15)(a)

Omit "Divisional Returning Officer to whom the application was

made", substitute "Electoral Commissioner".

24 Paragraph 94(15)(a)

Omit "Divisional Returning Officer" (second occurring), substitute

"Electoral Commissioner".

25 Subsection 94A(1)

Omit "Australian Electoral Officer for a State for enrolment for a

Subdivision in that State", substitute "Electoral Commissioner for

enrolment for a Subdivision".

26 Paragraph 94A(2A)(b)

Omit "Australian Electoral Officer", substitute "Electoral

Commissioner".

27 Subsection 94A(3)

Omit "Australian Electoral Officer must cause the person's name to be

added", substitute "Electoral Commissioner must add the person's

name".

28 Paragraph 94A(4)(a)

Omit "an Australian Electoral Officer", substitute "the Electoral

Commissioner".

29 Subsection 94A(5)

Omit "Australian Electoral Officer", substitute "Electoral

Commissioner".

30 Paragraph 94A(5)(b)

Omit "Australian Electoral Officer's", substitute "Electoral

Commissioner's".

31 Subsection 94A(6)

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

38 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Omit "Australian Electoral Officer must forward the application to the

relevant Divisional Returning Officer, who", substitute "Electoral

Commissioner".

32 Subsection 95(1)

Omit "Divisional Returning Officer for the Division that includes the

relevant Subdivision", substitute "Electoral Commissioner".

33 Subsection 95(1)

Omit "Divisional Returning Officer to whom the application is made",

substitute "Electoral Commissioner".

34 Paragraph 95(2A)(b)

Omit "Divisional Returning Officer", substitute "Electoral

Commissioner".

35 Subsection 95(4)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

36 Subsection 95(4)

Omit "the Division", substitute "a Division".

37 Subsection 95(4)

After "Subdivision", insert "of that Division".

38 Subsection 95(5)

Omit "Divisional Returning Officer", substitute "Electoral

Commissioner".

39 Paragraph 95(5)(c)

Omit "Divisional Returning Officer's", substitute "Electoral

Commissioner's".

40 Subsection 95(6)

Omit "Divisional Returning Officer to whom the application under

subsection (1) to be treated as an eligible overseas elector was made",

substitute "Electoral Commissioner".

Amendments relating to processing of enrolments Schedule 4

Amendments Part 1

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 39

41 Subsection 95(8)

Omit "Divisional Returning Officer for the Division for which he or she

is enrolled", substitute "Electoral Commissioner".

42 Subsection 95(8)

Omit "Divisional Returning Officer to whom the application is made",

substitute "Electoral Commissioner".

43 Subsection 95(9)

Omit "Divisional Returning Officer for the Division for which he or she

is enrolled", substitute "Electoral Commissioner".

44 Subsection 95(9)

Omit "Divisional Returning Officer to whom the application is made",

substitute "Electoral Commissioner".

45 Subsection 95(11)

Omit "Divisional Returning Officer for the Division for which he or she

is enrolled", substitute "Electoral Commissioner".

46 Subsection 95(14)

Omit "Divisional Returning Officer for the Division on the Roll for a

Subdivision of which an annotation in relation to a person under

subsection (1) has been made", substitute "Electoral Commissioner has

annotated a Roll for a Subdivision of a Division in relation to a person

under subsection (1) and the Electoral Commissioner".

47 Subsection 95(14)

Omit "DRO", substitute "Electoral Commissioner".

48 Paragraph 95(15)(a)

Omit "Divisional Returning Officer to whom the application was

made", substitute "Electoral Commissioner".

49 Paragraph 95(15)(a)

Omit "Divisional Returning Officer" (second occurring), substitute

"Electoral Commissioner".

50 Section 95AB

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

40 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

51 Subsection 95AC(1)

Omit "A Divisional Returning Officer who, under section 95AA, causes

the name of a person to be added to the Roll", substitute "If the

Electoral Commissioner adds the name of a person to the Roll for a

Subdivision of a Division under section 95AA, the Electoral

Commissioner".

52 Subsection 95AC(2)

Repeal the subsection, substitute:

(2) The Electoral Commissioner may conduct a review of the Roll for

a Subdivision of a Division in relation to electors to whom an

annotation under subsection (1) applies. Upon completion of the

review, the Electoral Commissioner may make such alterations to

the Roll as he or she thinks necessary to ensure that persons on that

Roll under section 95AA are entitled to be so.

53 Subsection 96(1)

Omit "Australian Electoral Officer for a State for enrolment under this

section for a Subdivision in that State", substitute "Electoral

Commissioner for enrolment under this section for a Subdivision".

54 Subsection 96(2A)

Omit "Australian Electoral Officer shall cause the name of the applicant

to be added", substitute "Electoral Commissioner must add the name of

the applicant".

55 Subsection 96(2B)

Omit "Australian Electoral Officer", substitute "Electoral

Commissioner".

56 Subsection 96(4)

Omit "an Australian Electoral Officer", substitute "the Electoral

Commissioner".

57 Subsection 96(5)

Amendments relating to processing of enrolments Schedule 4

Amendments Part 1

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2010 41

Omit "an Australian Electoral Officer", substitute "the Electoral

Commissioner".

58 Subsection 96(5)

Omit "Australian Electoral Officer" (second occurring), substitute

"Electoral Commissioner".

59 Subsection 96(6)

Repeal the subsection, substitute:

(6) If the Electoral Commissioner refuses an application made by a

person under subsection (1), the notice under subsection (5) must

also include notice of the person's right to apply for review under

Part X.

60 Subsection 96(7)

Omit "Australian Electoral Officer to whom the application under

subsection (1) was made", substitute "Electoral Commissioner".

61 Subsection 96(10)

Omit "Where the Australian Electoral Officer who has caused the name

of a person to be added to the Roll for a Subdivision of a Division under

this section", substitute "If the Electoral Commissioner adds the name

of a person to the Roll for a Subdivision of a Division under this section

and the Electoral Commissioner".

62 Paragraphs 96(10)(a) and (b)

Repeal the paragraphs, substitute:

(a) if the person ceases to be entitled otherwise than because of

paragraph (9)(b) and the Electoral Commissioner is aware

that the person resides in the Division--cancel the annotation

made in relation to the person under subsection (2B); or

(b) in any other case--cancel the enrolment of the person on the

Roll for the Subdivision.

63 Paragraph 96(11)(a)

Repeal the paragraph, substitute:

(a) where the name was not added to the Roll, and the annotation

was not made, before the Electoral Commissioner became

aware of the happening of the event--the Electoral

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

42 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Commissioner must not add the name to the Roll under this

section or make the annotation; or

64 Section 97

Repeal the section, substitute:

97 Application of Part to Australian Capital Territory and Northern

Territory

This Part applies in relation to the Australian Capital Territory or

the Northern Territory as if references in this Part to a State were

references to that Territory.

65 Subsection 98A(2)

Omit "A Divisional Returning Officer or Australian Electoral Officer",

substitute "The Electoral Commissioner".

66 Subsection 98A(2)

Omit "Divisional Returning Officer or Australian Electoral Officer"

(second occurring), substitute "Electoral Commissioner".

67 Subsection 98A(3)

Omit "A Divisional Returning Officer or Australian Electoral Officer",

substitute "The Electoral Commissioner".

68 Subsection 98A(4)

Omit "A Divisional Returning Officer or Australian Electoral Officer

who decides under this section to refuse to include a person's name in a

Roll", substitute "If the Electoral Commissioner decides under this

section to refuse to include a person's name in a Roll, the Electoral

Commissioner".

69 Subparagraph 99A(4)(d)(ii)

Omit "any Australian Electoral Officer or DRO", substitute "the

Electoral Commissioner".

70 Subsection 99B(1)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

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71 Paragraph 99B(5)(b)

Omit "Divisional Returning Officer for the relevant Division",

substitute "Electoral Commissioner".

Note:

The heading to subsection 99B(5) is altered by omitting "Divisional Returning Officer"

and substituting "Electoral Commissioner".

72 Subsection 99B(7)

Omit "Divisional Returning Officer for the relevant Division",

substitute "Electoral Commissioner".

73 Subsection 100(1)

Omit "any Divisional Returning Officer or Australian Electoral

Officer", substitute "the Electoral Commissioner".

74 Subsections 101(1) and (1A)

Omit "any Divisional Returning Officer or Australian Electoral

Officer", substitute "the Electoral Commissioner".

75 Subsections 101(2) and (3)

Repeal the subsections.

76 Subsection 101(4)

Omit "a Divisional Returning Officer or an Australian Electoral

Officer", substitute "the Electoral Commissioner".

77 Subsection 101(5)

Omit "Divisional Returning Officer for the Division that includes that

Subdivision", substitute "Electoral Commissioner".

78 Subsection 101(7)

Omit "a Divisional Returning Officer or an Australian Electoral

Officer", substitute "the Electoral Commissioner".

79 Subsection 102(1)

Omit "a Divisional Returning Officer for a Division receives a claim for

enrolment or transfer of enrolment for that Division, the Divisional

Returning Officer shall:", substitute "the Electoral Commissioner

receives a claim for enrolment or transfer of enrolment, the Electoral

Commissioner must:".

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44 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

80 Paragraph 102(1)(b)

Repeal the paragraph, substitute:

(b) if the claim is in order and the Electoral Commissioner is

satisfied that the claimant is entitled, in respect of residence

at an address, to be enrolled for a Subdivision, without delay:

(i) enter on the Roll for the Subdivision the name of the

claimant and the other particulars required by

section 83; and

(ii) notify the claimant in writing that he or she has been

enrolled for that Subdivision; and

(iii) in the case of a claim for transfer of an enrolment from

the Roll for another Subdivision--delete the name of

the claimant from the Roll for that other Subdivision;

and

81 Paragraph 102(1)(ba)

Omit "officer", substitute "Electoral Commissioner".

82 Paragraph 102(1)(c)

Omit "officer", substitute "Electoral Commissioner".

83 Paragraph 102(1)(c)

Omit "in a Subdivision of that Division", substitute "for a Subdivision".

84 Subsection 102(1A)

Omit "a Divisional Returning Officer may make any inquiries the

officer", substitute "the Electoral Commissioner may make any

inquiries that he or she".

85 Subsections 102(2) to (2E)

Repeal the subsections.

86 Subsection 102(3)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

87 Subsection 104(2)

Omit "DRO keeping the Roll for the Subdivision", substitute "Electoral

Commissioner".

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2010 45

88 Paragraph 104(4)(b)

Omit "DRO for the Division that includes the Subdivision on the Roll

for which the person making the request is to be or has been enrolled, as

the case may be,", substitute "Electoral Commissioner".

89 Subsection 104(4)

Omit "DRO" (second occurring), substitute "Electoral Commissioner".

90 Subsection 104(5)

Omit "a DRO", substitute "the Electoral Commissioner".

91 Subsection 104(5)

Omit "DRO" (second occurring), substitute "Electoral Commissioner".

92 Subsection 104(7)

Repeal the subsection, substitute:

(7) The Electoral Commissioner may conduct a review of the Roll for

a Subdivision of a Division in relation to electors whose addresses

are not shown on the Roll by virtue of this section.

93 Subsection 104(8)

Omit "DRO" (wherever occurring), substitute "Electoral

Commissioner".

94 Subsection 104(9)

Omit "DRO", substitute "Electoral Commissioner".

95 Subsection 105(1)

Omit "a Divisional Returning Officer may alter any Roll kept by the

officer", substitute "the Electoral Commissioner may alter any Roll".

96 Paragraph 105(1)(f)

Omit "officer", substitute "Electoral Commissioner".

97 Subsection 105(2)

Repeal the subsection, substitute:

(2)

If:

Schedule 4 Amendments relating to processing of enrolments

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46 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

(a) the name of an elector has, pursuant to a claim, been

incorrectly placed on the Roll for a Subdivision (other than

the Subdivision in which the elector was living at the date of

the claim); and

(b) the elector was entitled on that date to be enrolled for the

Subdivision in which he or she was living;

the Electoral Commissioner may remove the name of the elector

from the Roll on which the elector is enrolled and place the name

of the elector on the Roll for the Subdivision in which the elector is

living and notify the elector of the change of enrolment.

98 Subsection 105(4)

Omit "Divisional Returning Officer for the relevant Division",

substitute "Electoral Commissioner".

99 Section 106

Omit "Divisional Returning Officer for that Division", substitute

"Electoral Commissioner".

100 Section 107

Omit "Divisional Returning Officer or of the person who makes the

alteration on behalf of the Divisional Returning Officer", substitute

"person who makes the alteration".

101 Paragraph 108(a)

Repeal the paragraph, substitute:

(a) forward to the Electoral Commissioner (or to an officer

nominated by the Electoral Commissioner) a list of the

names, addresses, occupations, ages, sexes and dates of death

of all persons of the age of 17 years or upwards whose deaths

have been registered during the preceding month for the

State; and

102 Paragraph 108(b)

Omit "Australian Electoral Officer for the State", substitute "Electoral

Commissioner (or to an officer nominated by the Electoral

Commissioner)".

103 Subsections 109(1) and (2)

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2010 47

Omit "Australian Electoral Officer", substitute "Electoral

Commissioner (or to an officer nominated by the Electoral

Commissioner)".

104 Subsection 110(1)

Omit "Australian Electoral Officer or the Divisional Returning Officer,

as the case requires,", substitute "Electoral Commissioner".

Note:

The heading to section 110 is altered by omitting "Officers" and substituting "Electoral

Commissioner".

105 Subsection 110(1)

After "receipt", insert "(whether by the Commissioner or by an officer

nominated by the Commissioner)".

106 Subsection 110(2)

Omit "An officer", substitute "The Electoral Commissioner".

107 Subsection 111(1)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

108 Subsection 111(1)

Omit "the officer", substitute "the Electoral Commissioner".

109 Subsection 111(2)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

110 Subsection 111(2)

Omit "the officer", substitute "the Electoral Commissioner".

111 Subsection 111(4)

Omit "a Divisional Returning Officer who", substitute "the Electoral

Commissioner".

112 Subsection 111(4)

After "a Roll", insert "and the Electoral Commissioner".

113 Subsection 111(4)

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

48 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Omit "the officer" (wherever occurring), substitute "the Electoral

Commissioner".

114 Section 111A

Repeal the section.

115 Section 112

Repeal the section, substitute:

112 Application of Part to Australian Capital Territory and

Northern Territory

This Part applies in relation to the Australian Capital Territory or

the Northern Territory as if references in this Part to a State were

references to that Territory.

116 Subsection 113(1)

Omit "(1) In", substitute "In".

117 Subsection 113(1) (definition of appropriate DRO)

Repeal the definition.

118 Subsection 113(1) (definition of official objection)

Omit "a DRO", substitute "the Electoral Commissioner".

119 Subsection 113(2)

Repeal the subsection.

120 Subsection 114(2)

Omit "DRO for a Division", substitute "Electoral Commissioner".

121 Subsection 114(2)

Omit "that Division", substitute "a Division".

122 Subsection 114(3)

Omit "A DRO", substitute "The Electoral Commissioner".

123 Subsection 114(4)

Omit "DRO for a Division", substitute "Electoral Commissioner".

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2010 49

124 Subsection 114(4)

Omit "that Division", substitute "a Division".

125 Subsection 114(5)

Omit "DRO for a Division", substitute "Electoral Commissioner".

126 Subsection 114(5)

Omit "DRO" (second occurring), substitute "Electoral Commissioner".

127 Subsection 115(2)

Omit "appropriate DRO", substitute "Electoral Commissioner".

128 Subsection 116(1)

Omit "DRO", substitute "Electoral Commissioner".

129 Subparagraph 116(2)(b)(iv)

Repeal the subparagraph, substitute:

(iv) advise the elector of what he or she must do if he or she

wishes to answer the objection; and

130 Subparagraphs 116(2)(c)(i) and (ii)

Omit "DRO", substitute "Electoral Commissioner".

131 Subsection 116(3)

Omit "DRO" (wherever occurring), substitute "Electoral

Commissioner".

132 Subsection 116(4)

Omit "DRO", substitute "Electoral Commissioner".

133 Section 117

Repeal the section.

134 Subsection 118(1)

Omit "A DRO", substitute "The Electoral Commissioner".

135 Paragraph 118(1)(a)

Omit "officer", substitute "Electoral Commissioner".

Schedule 4 Amendments relating to processing of enrolments

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50 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

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136 Subsection 118(2)

Omit "a DRO", substitute "the Electoral Commissioner".

137 Subsection 118(2)

Omit "officer", substitute "Electoral Commissioner".

138 Subsection 118(3)

Omit "DRO" (wherever occurring), substitute "Electoral

Commissioner".

139 Subsection 118(4)

Omit "DRO", substitute "Electoral Commissioner".

140 Subsection 118(4A)

Omit "DRO" (wherever occurring), substitute "Electoral

Commissioner".

141 Subsection 118(5)

Omit "DRO", substitute "Electoral Commissioner".

142 Subsection 118(6)

Omit "DRO" (wherever occurring), substitute "Electoral

Commissioner".

143 Before subsection 120(1)

Insert:

(1A) This section only applies in relation to decisions made by a

delegate of the Electoral Commissioner who is not:

(a) the Deputy Electoral Commissioner; or

(b) an Australian Electoral Officer.

Note:

The heading to section 120 is replaced by the heading "Internal review".

144 Subsection 120(1)

Omit "a Divisional Returning Officer for a Division".

145 Paragraphs 120(1)(a) and (b)

Omit "notifies a person", substitute "a person is notified".

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2010 51

146 Subsection 120(1)

Omit all the words from and including "request", substitute "apply, in

writing, to the Electoral Commissioner for review of the claim or

objection, as the case may be".

147 Subsection 120(2)

Omit "a Divisional Returning Officer for a Division notifies a person

who has objected, under section 114, to an enrolment", substitute "a

person who has objected to an enrolment is notified, under

section 114,".

148 Subsection 120(2)

Omit all the words from and including "request", substitute "apply, in

writing, to the Electoral Commissioner for review of the objection".

149 Subsection 120(3)

Omit "a Divisional Returning Officer for a Division".

150 Paragraph 120(3)(aa)

Repeal the paragraph, substitute:

(aa) a person is notified under subsection 93A(4) or 98A(4) of a

decision to refuse to include in a Roll, or to transfer to a Roll,

the person's name; or

151 Paragraphs 120(3)(a) and (b)

Omit "notifies the person", substitute "a person is notified".

152 Paragraphs 120(3)(ba) and (bb)

Repeal the paragraphs, substitute:

(ba) a person is notified under subsection 104(8) of a decision that

the person's address should be entered on a Roll; or

(bb) a person is notified of a decision made under section 105 to

alter any entry in relation to the person on a Roll (including a

decision to add or remove a person's name from the Roll); or

153 Paragraphs 120(3)(c) and (ca)

Omit "notifies a person", substitute "a person is notified".

154 Subsection 120(3)

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

52 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Omit "request the Divisional Returning Officer, in writing, to refer",

substitute "apply, in writing, to the Electoral Commissioner for review

of".

155 Paragraphs 120(3)(d) and (fa)

Omit "by the Divisional Returning Officer".

156 Paragraph 120(3)(fb)

Omit "made by the Divisional Returning Officer".

157 Subsection 120(3)

Omit ", to the Australian Electoral Officer for the State that includes

that Division for review".

158 Subsections 120(4) to (9)

Repeal the subsections, substitute:

(4) After receiving an application under subsection (1), (2) or (3), the

Electoral Commissioner must:

(a) personally review the decision (the reviewable decision) to

which the request relates; or

(b) cause the reviewable decision to be reviewed by a person to

whom the Commissioner's powers and functions under this

section are delegated and who was not involved in making

the reviewable decision.

(5) After the person mentioned in paragraph (4)(a) or (b) (the

reviewer) has reviewed the reviewable decision, the reviewer must

make a decision (an internal review decision):

(a) confirming the reviewable decision; or

(b) varying the reviewable decision; or

decision.

Note:

An internal review decision is reviewable by the Administrative

Appeals Tribunal (see section 121). Under the Administrative Appeals

Tribunal Act 1975, notice must be given to persons whose interests are

affected by an internal review decision.

(6) For the purpose of the review, the reviewer may exercise all the

powers and discretions conferred by this Act on the person who

made the reviewable decision.

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Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 53

159 Before subsection 121(1)

Insert:

(1A) Except for decisions described in paragraph (1)(k), this section

only applies in relation to:

(a) a decision made by the Electoral Commissioner personally;

(b) a decision made by a delegate of the Electoral Commissioner

who is:

(i) the Deputy Electoral Commissioner; or

(ii) an Australian Electoral Officer.

160 Paragraphs 121(1)(a) to (d)

Repeal the paragraphs, substitute:

(a) a decision under section 93A or 98A to refuse to include in a

Roll, or transfer to a Roll, a person's name; or

(b) a decision to refuse an application made under subsection

94A(1), 95(1) or 96(1); or

for transfer of enrolment or for age 17 enrolment; or

(d) a decision to refuse a request made under subsection 104(1)

or (2); or

(e) a decision under subsection 104(8) that a person's address

should be entered on a Roll; or

(f) a decision under section 105 to alter a Roll (including a

decision to add or remove a person's name from the Roll); or

(g) a decision under section 118 to dismiss an objection; or

(h) a decision under section 118 to remove a person's name from

a Roll pursuant to an objection; or

(i) a decision to refuse an application made under subsection

184A(1); or

(j) a decision to cancel a person's registration as a general postal

voter; or

(k) an internal review decision made under subsection 120(5).

161 Section 122

Repeal the section, substitute:

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

54 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

122 Application of Part to Australian Capital Territory and

Northern Territory

This Part applies in relation to the Australian Capital Territory or

the Northern Territory as if references in this Part to a State were

references to that Territory.

162 Subsection 184A(1)

Repeal the subsection, substitute:

(1) An elector may apply to the Electoral Commissioner for

registration as a general postal voter for a Division.

163 Section 184B

Repeal the section, substitute:

184B Register of General Postal Voters

(1) The Electoral Commissioner must, for each Division, keep a

(2) The Register for a Division must be available for inspection,

without fee, by members of the public at the office of the DRO for

the Division during ordinary office hours.

164 Subsection 185(1)

Repeal the subsection, substitute:

(1) Subject to subsection (1A), if the Electoral Commissioner is

satisfied that an application has been made in accordance with

section 184A, the Electoral Commissioner must register the

applicant as a general postal voter for the Division to which the

application relates.

165 Subsection 185(1A)

Omit "DRO to whom the application is made", substitute "Electoral

Commissioner".

166 Subsection 185(1A)

Omit "DRO" (second occurring), substitute "Electoral Commissioner".

167 Subsection 185(1B)

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2010 55

Omit "DRO" (wherever occurring), substitute "Electoral

Commissioner".

168 Subsections 185(2) and (3)

Repeal the subsections, substitute:

(2)

If:

(a) a claim for enrolment or transfer of enrolment is made to the

Electoral Commissioner; and

(b) the claim is signed under subsection 98(3); and

as a general postal voter for a Division;

the Electoral Commissioner must register the claimant as a general

postal voter for the Division.

(3) If an elector who is registered as a general postal voter for a

Division (in this subsection called the original Division) makes a

claim for transfer of enrolment to another Division (the new

Division), the Electoral Commissioner must:

(a) cancel the registration of the elector as a general postal voter

for the original Division; and

(b) except in the case of an elector whose address has been

excluded from the Roll under section 104--register the

elector as a general postal voter for the new Division, unless

the Electoral Commissioner is satisfied that the elector would

not be entitled to registration on application under subsection

184A(1).

169 Subsection 185(4)

After "the Register", insert "for the Division".

170 Subsection 185(4A)

Omit all the words from and including "a DRO" to and including "the

DRO", substitute "the Electoral Commissioner to include in the

171 Subsections 185(5) and (6)

Repeal the subsections, substitute:

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

56 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

(5) If the Electoral Commissioner registers an elector as a general

postal voter for a Division, the Electoral Commissioner must notify

the elector, in writing, of the registration.

(6) If the Electoral Commissioner decides not to register an elector as

a general postal voter for a Division, the Electoral Commissioner

must notify the elector, in writing, of the decision and of the

reasons for it.

172 Section 185B

Omit all the words from an including "The DRO" to and including

"ensure that:", substitute "The Electoral Commissioner may review the

ensure that:".

173 Section 185C

Repeal the section, substitute:

185C Cancellation of registration

(1) The Electoral Commissioner may cancel the registration of an

elector as a general postal voter for a Division if the Electoral

Commissioner is satisfied that the ground on which the elector

applied for registration no longer exists.

(2) The Electoral Commissioner must give the elector written notice of

the cancellation and of the elector's right to apply for review under

Part X.

174 Subsection 249(1)

Omit "Divisional Returning Officer for the Division for which the

elector is enrolled", substitute "Electoral Commissioner".

175 Subsection 249(2)

Repeal the subsection.

176 Subsection 249(3)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

177 Subsection 249(4)

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2010 57

Omit "DRO", substitute "Electoral Commissioner".

178 Subsection 249(6)

Omit "A Divisional Returning Officer", substitute "The Electoral

Commissioner".

179 Subsection 343(1)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

180 Subsection 343(1)

Omit "Divisional Returning Officer" (second occurring), substitute

"Electoral Commissioner".

181 After section 381A

Insert:

382 General provisions about enrolment-related claims etc.

Definitions

(1) In this section:

enrolment-related claim or notice means a claim, application,

notice, objection, request or other communication that is required

or permitted to be sent to the Electoral Commissioner by any of the

following:

(a) a provision of Part VII, VIII, IX or X;

(b)

section

184A;

(c)

section

249.

sent to includes given, made or delivered to, or lodged with.

Addresses to which enrolment-related claims or notices may be

sent

(2) The Electoral Commissioner may, in writing, determine one or

more addresses to which enrolment-related claims or notices may

be sent.

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Part 1 Amendments

58 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

(3) A determination under subsection (2) may specify different

addresses for the purposes of different provisions or for use in

different circumstances.

(4) To avoid doubt, an address determined under subsection (2) may

be an electronic address.

(5) If a person sends an enrolment-related claim or notice to an address

in accordance with a determination under subsection (2), the

person is taken to have sent the enrolment-related claim or notice

to the Electoral Commissioner.

Note:

Requirements relating to the form, content etc. of the

enrolment-related claim or notice must still be complied with (subject

to subsections (7) and (8)).

(6) A determination under subsection (2) is not a legislative

instrument.

Enrolment-related claims or notices do not have to be signed in

certain circumstances

(7) Subject to subsection (8), if:

(a) an enrolment-related claim or notice is required to be signed

by a person; and

(b) the person is already enrolled; and

he or she is enrolled;

the requirement that the claim or application be signed is (despite

section 336) taken to be satisfied if the person instead satisfies the

requirements prescribed by the regulations for the purpose of this

subsection.

(8) Subsection (7) does not apply to:

(a) an enrolment-related claim or notice that is required or

permitted to be sent to the Electoral Commissioner by a

provision of Part IX or X; or

(b) any of the following requirements for a signature:

(i) the requirement in subsection 98(3);

(ii) the requirement in subsection 99A(5);

(iii) the requirement in subsection 99B(3);

(iv) the requirement that a statutory declaration referred to in

subsection 104(3) be signed;

Amendments relating to processing of enrolments Schedule 4

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Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 59

(v) any other requirement for a signature that is prescribed

by the regulations for the purpose of this subparagraph.

Referendum (Machinery Provisions) Act 1984

182 Subsection 3(1) (at the end of the definition of officer)

Add ", and any other member of the staff of the Electoral Commission

who is a delegate of the Electoral Commissioner under subsection

138(2)".

183 Subsection 38(1)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

184 Paragraph 38(5)(b)

Omit "Divisional Returning Officer for the relevant Division",

substitute "Electoral Commissioner".

Note:

The heading to subsection 38(5) is altered by omitting "Divisional Returning Officer"

and substituting "Electoral Commissioner".

185 Subsection 38(7)

Omit "Divisional Returning Officer for the relevant Division",

substitute "Electoral Commissioner".

186 After section 38

Insert:

39 Other general provisions about applications under section 38

(1) The Electoral Commissioner may, in writing, determine one or

more addresses to which applications under section 38 may be

sent.

(2) A determination under subsection (1) may specify different

addresses for use in different circumstances.

(3) To avoid doubt, an address determined under subsection (1) may

be an electronic address.

Schedule 4 Amendments relating to processing of enrolments

Part 1 Amendments

60 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

(4) If a person sends an application under section 38 to an address in

accordance with a determination under subsection (1), the person is

taken to have sent the application to the Electoral Commissioner.

Note:

Requirements of section 38 relating to the form, content etc. of the

application must still be complied with.

(5) A determination under subsection (1) is not a legislative

instrument.

187 Subsection 74(2)

Omit "a Divisional Returning Officer", substitute "the Electoral

Commissioner".

188 Subsections 138(2) and (3)

Repeal the subsections, substitute:

Delegation of section 38 powers and functions

(2) The Electoral Commissioner may, in writing, delegate all or any of

his or her powers and functions under section 38 to any of the

following:

(a)

any

officer;

(b) any other member of the staff of the Electoral Commission.

Note: The

definition

officer covers Australian Electoral Officers and

Divisional Returning Officers, as well as various other people.

(3) In exercising powers or performing functions delegated under

subsection (2), the delegate must comply with any directions of the

Electoral Commissioner.

Amendments relating to processing of enrolments Schedule 4

Transitional, application and saving provisions Part 2

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010 No. ,

2010 61

Part 2--Transitional, application and saving

provisions

189 Regulations

The Governor-General may make regulations of a transitional,

application or saving nature in relation to the amendments and repeals

made by this Schedule.

Schedule 5 Amendments relating to nomination of candidates

Part 1 Amendments

62 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill 2010

No. , 2010

Schedule 5--Amendments relating to

nomination of candidates

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsection 166(1)

After "(1A),", insert "(1AA),".

2 After subsection 166(1A)

Insert:

(1AA) For a House of Representatives election for a particular Division,

the registered officer of a particular registered political party must

not sign nominations under subparagraph 166(1)(b)(ii) for that

election for more than one candidate.

Note:

This does not prevent an amendment of a nomination under

section 177 (withdrawal of consent to a nomination) or 180 (death of

candidate after nomination).

3 Subsection 172(1)

Omit "subsection (2)", substitute "subsections (1A) and (2)".

4 After subsection 172(1)

Insert:

(1A)

If:

(a) contrary to subsection 166(1AA), the registered officer of a

party signs nominations for 2 or more candidates (the same

Division candidates) for a single Division; and

(b) the same Division candidates are nominated by the registered

officer under subsection 167(3) together with a number of

other candidates for other Divisions;

then:

rejected; but

Commonwealth of Australia Bills

ELECTORAL AND REFERENDUM AMENDMENT (CLOSE OF ROLLS AND OTHER MEASURES) BILL 2010