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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Electoral
and Referendum Amendment (Prisoner Voting and Other Measures) Bill
2004
No. ,
2004
(Special Minister of
State)
A Bill for an Act to amend the law
relating to elections and referendums, and for related
purposes
Contents
Commonwealth Electoral Act
1918 4
Referendum (Machinery Provisions) Act
1984 4
Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Act
2004 6
Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Act
2004 7
A Bill for an Act to amend the law relating to elections
and referendums, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Electoral and Referendum Amendment
(Prisoner Voting and Other Measures) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1, item 1 |
Immediately after the commencement of item 6 of Schedule 1 to the
Electoral and Referendum Amendment (Enrolment Integrity and Other Measures)
Act 2004. |
10 August 2004 |
|
3. Schedule 1, item 2 |
Immediately after the commencement of item 7 of Schedule 1 to the
Electoral and Referendum Amendment (Enrolment Integrity and Other Measures)
Act 2004. |
10 August 2004 |
|
4. Schedule 1, item 3 |
Immediately after the commencement of item 46 of Schedule 1 to
the Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Act 2004. |
10 August 2004 |
|
5. Schedule 1, item 4 |
Immediately after the commencement of item 71 of Schedule 1 to
the Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Act 2004. |
10 August 2004 |
|
6. Schedule 1, item 5 |
Immediately after the commencement of item 95 of Schedule 1 to
the Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Act 2004. |
10 August 2004 |
|
7. Schedule 1, item 6 |
Immediately after the commencement of item 126 of Schedule 1 to
the Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Act 2004. |
10 August 2004 |
|
8. Schedule 2 |
Immediately after the Electoral and Referendum Amendment (Enrolment
Integrity and Other Measures) Act 2004 received the Royal Assent. |
13 July 2004 |
|
9. Schedule 3 |
Immediately after the commencement of item 132A of the Electoral
and Referendum Amendment (Enrolment Integrity and Other Measures) Act
2004. |
10 August 2004 |
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Commonwealth Electoral Act
1918
1 Paragraph 93(8)(b)
Repeal the paragraph, substitute:
(b) is serving a sentence of 3 years or longer for an offence against the
law of the Commonwealth or of a State or Territory; or
2 Subsection 93(8AA)
Repeal the subsection, substitute:
(8AA) Paragraph (8)(b) applies whether the person started serving the
sentence before, on or after the commencement of Schedule 1 to the
Electoral and Referendum Amendment (Prisoner Voting and Other Measures) Act
2004.
3 Section 109
Omit “imprisonment (within the meaning of subsection 93(8))”,
substitute “3 years or longer”.
4 Paragraph 184A(2)(d)
Omit “but not serving a sentence of imprisonment (within the meaning
of subsection 93(8))”.
5 Clause 9 of
Schedule 2
Omit “under detention, but not serving a sentence of imprisonment
(within the meaning of subsection 93(8))”, substitute “serving a
sentence of imprisonment or otherwise under detention”.
Referendum (Machinery
Provisions) Act 1984
6 Clause 9 of
Schedule 3
Omit “under detention, but not serving a sentence of imprisonment
(within the meaning of subsection 93(8) of the Commonwealth Electoral Act
1918)”, substitute “serving a sentence of imprisonment or
otherwise under detention”.
Electoral and Referendum
Amendment (Enrolment Integrity and Other Measures) Act
2004
1 Subsection 2(1) (table
item 28)
Repeal the item.
2 Items 107 and 108 of
Schedule 1
Repeal the items.
Electoral and Referendum
Amendment (Enrolment Integrity and Other Measures) Act
2004
1 Subsection 2(1) (table
item 14)
Omit “item 19”, substitute “items 18A and
19”.
2 Item 132A of
Schedule 1
Repeal the item, substitute:
132A Transitional—sunset of provisions for
evidentiary requirements for enrolment
Items 18A, 19 and 42 of Schedule 1 cease to have effect on the
third anniversary of the day on which item 19 of Schedule 1
commences.
132B Transitional—review of provisions for
evidentiary requirements for enrolment
(1) On the first business day after the second anniversary of the day on
which item 19 of Schedule 1 commences, the Electoral Commission must
start a review of the operation of the provisions of the Commonwealth
Electoral Act 1918 that relate to the evidentiary requirements for enrolment
(including section 98AA, paragraph 98(2)(d) and subsections 105(1B), (1C)
and (1D) of that Act).
(2) In undertaking the review, the Electoral Commission must
consider:
(a) those requirements, particularly as they relate to the integrity of
the electoral roll; and
(b) the effect (if any) of those provisions on enrolment and enrolment
procedures.
(3) Within 6 months after starting the review, the Electoral Commission
must give copies of a written report of the review, including any
recommendations, to the Minister and the Joint Standing Committee on Electoral
Matters. The Minister and the Joint Standing Committee on Electoral Matters must
be given their copies of the report at the same time.