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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Electoral Legislation Amendment
(COVID Enfranchisement) Bill 2022
No. , 2022
(Finance)
A Bill for an Act to amend the law relating to
elections in respect of the enfranchisement of
persons in self-isolation or quarantine due to
COVID-19, and for related purposes
No. , 2022
Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2022
Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022
1
A Bill for an Act to amend the law relating to
1
elections in respect of the enfranchisement of
2
persons in self-isolation or quarantine due to
3
COVID-19, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Electoral Legislation Amendment (COVID
7
Enfranchisement) Act 2022
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Section 202AA
4
Insert:
5
electronically assisted voting method
includes a method prescribed
6
for the purposes of subsection 202AB(1B).
7
2 After subsection 202AB(1A)
8
Insert:
9
(1B) The regulations may provide for a telephone voting method, to be
10
used by coronavirus affected individuals covered by a
11
determination under subsection 202AFA(1), to vote at general
12
elections, Senate elections and by-elections.
13
3 After subsection 202AB(2)
14
Insert:
15
(2A) Without limiting subsection (1B), subsection (2) applies to
16
regulations made for the purposes of subsection (1B) in the same
17
way as it applies to regulations made for the purposes of
18
subsection (1) or (1A).
19
4 At the end of section 202AB
20
Add:
21
(7) Without limiting subsection 33(3A) of the
Acts Interpretation Act
22
1901
, regulations made for the purposes of this Part may also make
23
different provision in relation to coronavirus affected individuals,
24
sight-impaired persons and Antarctic electors.
25
(8) Section 202AE does not apply to a vote cast using a method
26
prescribed for the purposes of subsection 202AB(1B). The
27
regulations may make provision for, or in relation to, how this Act
28
applies in relation to such votes.
29
Schedule 1
Amendments
4
Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022
No. , 2022
5 At the end of Part XVB
1
Add:
2
202AFA Electoral Commissioner may determine that coronavirus
3
affected individuals may use a secure telephone voting
4
method
5
(1) If the Electoral Commissioner is satisfied on reasonable grounds
6
that it is necessary or conducive to ensure the due conduct of a
7
general election, Senate election or by-election, the Electoral
8
Commissioner may, by legislative instrument, determine that a
9
secure telephone voting method prescribed for the purposes of
10
subsection 202AB(1B) may be used by individuals in Australia:
11
(a) who have not previously voted in the election; and
12
(b) who are coronavirus affected individuals during all or part of
13
the period:
14
(i) starting at 6.01 pm on the Wednesday that is 3 days
15
before the polling day in the election; and
16
(ii) ending on the close of the poll for the election.
17
Note:
Nothing in this section or in regulations made for the purposes of
18
subsection 202AB(1B) authorises any person to vote more than once
19
at an election, see subsection 202AB(5).
20
(2) An individual residing in a State or Territory is a
coronavirus
21
affected individual
during a period if a public health order of that
22
State or Territory prevents the individual from attending a polling
23
place in that State or Territory during that period because:
24
(a) the individual has tested positive for the coronavirus known
25
as COVID-19 on a test approved by the Therapeutic Goods
26
Administration for that purpose; or
27
(b) the individual is a close contact, household contact or
28
household-like contact of an individual referred to in
29
paragraph (a); or
30
(c) the individual is otherwise directed to self-isolate or
31
quarantine under the public health order due to the risk of
32
transmission of the coronavirus known as COVID-19.
33
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022
5
Electoral Commissioner must notify the Prime Minister and Leader
1
of the Opposition
2
(3) Before making an instrument under subsection (1), the Electoral
3
Commissioner must notify the Prime Minister and the Leader of
4
the Opposition in the House of Representatives, in writing:
5
(a) that the Electoral Commissioner is considering making the
6
instrument; and
7
(b) why the Electoral Commissioner considers it necessary to
8
make the instrument; and
9
(c) what measures are proposed to ensure the integrity of the use
10
of the proposed secure telephone voting method (which may
11
be new measures or measures based on existing measures in
12
the regulations).
13
Instrument must be published on the Electoral Commission's
14
website
15
(4) If the Electoral Commissioner makes a legislative instrument under
16
subsection (1), the Electoral Commissioner:
17
(a) must publish the legislative instrument on the Electoral
18
Commission's website; and
19
(b) may publish the legislative instrument in any other way the
20
Electoral Commissioner considers appropriate.
21
Electoral Commissioner's powers may not be delegated
22
(5) Despite section 28, the Electoral Commissioner may not delegate a
23
power or function under this section.
24
Secure telephone voting for coronavirus affected individuals only
25
available until 31 December 2022
26
(6) The following are repealed at the end of 31 December 2022:
27
(a) this section;
28
(b) the definition of
electronically assisted voting method
in
29
section 202AA;
30
(c) subsections 202AB(1B), (2A), (7) and (8).
31