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

ELECTORAL AND REFERENDUM AMENDMENT (CLOSE OF ROLLS AND OTHER MEASURES) BILL (NO. 2) 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral and Referendum Amendment
(Close of Rolls and Other Measures) Bill
(No. 2) 2010
No. , 2010
(Special Minister of State)
A Bill for an Act to amend the law relating to
elections and referendums, and for related
purposes
i Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2)
2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to close of Rolls
3
Part 1--Amendments
3
Commonwealth Electoral Act 1918
3
Referendum (Machinery Provisions) Act 1984
4
Part 2--Application of amendments
6
Schedule 2--Amendments relating to evidence of identity for
provisional votes
7
Part 1--Amendments
7
Commonwealth Electoral Act 1918
7
Referendum (Machinery Provisions) Act 1984
7
Part 2--Application of amendments
9
Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2) 2010
No. , 2010 1
A Bill for an Act to amend the law relating to
1
elections and referendums, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Electoral and Referendum
6
Amendment (Close of Rolls and Other Measures) Act (No. 2) 2010.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2)
2010 No. , 2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments relating to close of Rolls Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2) 2010
No. , 2010 3
Schedule 1--Amendments relating to close of
1
Rolls
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 Paragraph 94A(4)(a)
5
Omit "the date of the writ", substitute "the day of the close of the
6
Rolls".
7
2 Subsection 95(4)
8
Omit "the date of the writ", substitute "the day of the close of the
9
Rolls".
10
3 Subsection 96(4)
11
Omit "the date of the writ", substitute "the day of the close of the
12
Rolls".
13
4 Subsection 102(1)
14
Omit "subsections (4) and (4AA)", substitute "subsection (4)".
15
5 Subsection 102(2A)
16
Omit "the date of the writ or writs for the election", substitute "the day
17
on which the Rolls for the election close".
18
6 Subsections 102(4), (4AA) and (4AB)
19
Repeal the subsections, substitute:
20
(4) A claim under section 101 by a person to have his or her name
21
placed on the Roll for a Subdivision received during the period
22
starting at 8 pm on the day on which the Rolls for an election to be
23
held in the Subdivision close and ending on the close of polling at
24
the election must not be considered until after the end of that
25
period.
26
7 Paragraph 102(4A)(a)
27
Omit "or (4AA) (as the case requires)".
28
Schedule 1 Amendments relating to close of Rolls
Part 1 Amendments
4 Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2)
2010 No. , 2010
8 Subparagraph 102(4A)(b)(ii)
1
Omit "or (4AA) (as the case requires)".
2
9 Subsection 102(4B)
3
Omit "subsections (4) and (4AA)", substitute "subsection (4)".
4
10 Paragraphs 102(4B)(a) and (b)
5
Omit "or (4AA) (as the case requires)".
6
11 Subsection 118(5)
7
Omit "the date of the writ", substitute "the day of the close of the
8
Rolls".
9
12 Section 155
10
Repeal the section, substitute:
11
155 Date for close of Rolls
12
The date fixed for the close of the Rolls is the seventh day after the
13
date of the writ.
14
Referendum (Machinery Provisions) Act 1984
15
13 Subsections 4(2) and (3)
16
Repeal the subsections, substitute:
17
(2) For the purposes of voting at a referendum:
18
(a) applications or claims for enrolment or transfer of enrolment
19
under the Commonwealth Electoral Act 1918 (including
20
applications or claims to which subsection 99B(6) or 100(2)
21
of that Act apply) that are received during the period:
22
(i) beginning at 8 pm on the day of the close of the Rolls
23
for a referendum; and
24
(ii) ending on the close of voting at the referendum;
25
must not be considered until after the end of that period; and
26
(b) a name must not be removed from a roll under section 118 of
27
the Commonwealth Electoral Act 1918 during the period
28
described in paragraph (a) of this subsection.
29
Amendments relating to close of Rolls Schedule 1
Amendments Part 1
Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2) 2010
No. , 2010 5
14 Subsection 9(1)
1
Repeal the subsection, substitute:
2
(1) The day fixed for the close of the Rolls is the seventh day after the
3
issue of the writ.
4
15 Subsection 9(3)
5
Repeal the subsection.
6
7
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 (No. 2)
2010 No. , 2010
Part 2--Application of amendments
1
16 Application of amendments
2
The amendments made by this Schedule apply in relation to elections
3
and referendums the writs for which are issued on or after the
4
commencement of the amendments.
5
6
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 (No. 2) 2010
No. , 2010 7
Schedule 2--Amendments relating to
1
evidence of identity for provisional
2
votes
3
Part 1--Amendments
4
Commonwealth Electoral Act 1918
5
1 Subsections 235(1B), (9) and (10)
6
Repeal the subsections.
7
2 After paragraph 3A of Schedule 3
8
Insert:
9
3B. For each envelope in relation to which the following paragraphs
10
are satisfied:
11
(a) the envelope purports to contain a provisional vote ballot
12
paper;
13
(b) the DRO has reason to doubt that the signature on the
14
envelope that purports to be the elector's signature is the
15
elector's signature;
16
the DRO must check the signature against the most recent record
17
(if any) of the elector's signature that is available to the DRO.
18
3 Subparagraph 6(ca) of Schedule 3
19
Repeal the subparagraph, substitute:
20
(ca) in the case of an envelope purporting to contain a provisional
21
vote ballot paper and in relation to which paragraph 3B
22
applies--that the signature on the envelope is that of the
23
elector; and
24
Referendum (Machinery Provisions) Act 1984
25
4 Subsections 37(1B), (9) and (10)
26
Repeal the subsections.
27
5 After paragraph 3A of Schedule 4
28
Insert:
29
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 (No. 2)
2010 No. , 2010
3B. For each envelope in relation to which the following paragraphs
1
are satisfied:
2
(a) the envelope purports to contain a provisional vote
3
ballot-paper;
4
(b) the DRO has reason to doubt that the signature on the
5
envelope that purports to be the elector's signature is the
6
elector's signature;
7
the DRO must check the signature against the most recent record
8
(if any) of the elector's signature that is available to the DRO.
9
6 Subparagraph 6(ca) of Schedule 4
10
Repeal the subparagraph, substitute:
11
(ca) in the case of an envelope purporting to contain a provisional
12
vote ballot-paper and in relation to which paragraph 3B
13
applies--that the signature on the envelope is that of the
14
elector; and
15
16
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 (No. 2) 2010
No. , 2010 9
Part 2--Application of amendments
1
7 Application of amendments
2
The amendments made by this Schedule apply in relation to elections
3
and referendums the writs for which are issued on or after the
4
commencement of the amendments.
5

 

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