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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Electoral Legislation Amendment (Voter
Identification) Bill 2022
No. , 2022
(Senator McGrath)
A Bill for an Act to amend the law relating to
elections and referendums in respect of voter
identification and to provide for application of the
amendments
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
Referendum (Machinery Provisions) Act 1984
11
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
1
A Bill for an Act to amend the law relating to
1
elections and referendums in respect of voter
2
identification and to provide for application of the
3
amendments
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Electoral Legislation Amendment (Voter
7
Identification) 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 (Voter Identification) 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repealed as set out in the applicable items in the Schedule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 (Voter Identification) Bill 2022
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
proof of identity document
has the meaning given by section 4AB.
6
2 After section 4AA
7
Insert:
8
4AB Definition of proof of identity document
9
A
proof of identity document
is any of the following (including
10
any of the following in electronic form):
11
(a) a current driver's licence issued under the law of a State or
12
Territory or a law in force in Norfolk Island;
13
(b) a current Australian passport;
14
(c) a current proof of age card issued by or on behalf of a State
15
or Territory or an authority of a State or Territory;
16
(d) a birth certificate issued by or on behalf of a State or
17
Territory or an authority of a State or Territory;
18
(e) a notice evidencing a person's Australian citizenship that is
19
given under section 37 of the
Australian Citizenship Act
20
2007
;
21
(f) a current identification card (however described) issued by or
22
on behalf of:
23
(i) the Commonwealth or a State or Territory; or
24
(ii) an authority of the Commonwealth or of a State or
25
Territory;
26
(g) an account statement or notice (however described) issued by
27
a local government body, utilities provider or carriage service
28
provider in the last 12 months;
29
(h) either:
30
(i) a current credit card or debit card issued by an
31
Australian financial institution; or
32
Schedule 1
Amendments
4
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
(ii) an account statement issued by an Australian financial
1
institution in the last 12 months;
2
(i) a notice of assessment (including an amended assessment)
3
issued in the last 12 months under the
Income Tax
4
Assessment Act 1936
in respect of a year of income;
5
(j) a notice issued by the Electoral Commissioner under this Act
6
notifying a person of the person's enrolment;
7
(k) a document that relates to the affairs of a particular person,
8
that specifies the person's name and that is issued in the
9
ordinary course of business by:
10
(i) an Aboriginal or Torres Strait Islander land council or
11
land trust (however described) established by or under a
12
law of the Commonwealth, a State or a Territory; or
13
(ii) a body corporate that is prescribed by, or is of a kind
14
prescribed by, regulations made for the purposes of
15
section 59 of the
Native Title Act 1993
.
16
Note 1:
For paragraph (f), a medicare card, a Commonwealth seniors health
17
card, a Commonwealth pensioner concession card and a
18
Commonwealth Repatriation Health Card are examples of
19
identification cards.
20
Note 2:
For paragraph (g), a council rates notice, an electricity account
21
statement, a gas account statement, a water and sewerage account
22
statement, a mobile phone account statement and an internet service
23
account statement are examples of account statements or notices.
24
3 After paragraph 200DG(1)(a)
25
Insert:
26
(aa) a request made of the voter under paragraph 200DI(1)(a) is
27
satisfied in accordance with subsection 200DI(4); and
28
(ab) the voting officer is reasonably satisfied of the identity of the
29
voter; and
30
4 Paragraph 200DG(2)(b)
31
Repeal the paragraph, substitute:
32
(a) any of the following apply:
33
(i) a request made of the voter under
34
paragraph 200DI(1)(a) is not satisfied in accordance
35
with subsection 200DI(4);
36
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
5
(ii) the voter refuses to answer fully any question the voter
1
is asked under subsection 200DI(2);
2
(iii) the voter answers a question under
3
paragraph 200DI(1)(b) so as to indicate that the voter
4
has voted before in the relevant election or elections (as
5
the case requires); or
6
5 Paragraph 200DG(2)(c)
7
Repeal the paragraph, substitute:
8
(c) the voting officer who made the request under
9
paragraph 200DI(1)(a) is not reasonably satisfied of the
10
identity of the voter; or
11
6 At the end of section 200DG
12
Add:
13
(3) If, under this section, the voter is not entitled to vote by pre-poll
14
ordinary vote, the voting officer must inform the voter that the
15
voter may make a pre-poll declaration vote in accordance with
16
Division 4.
17
7 Section 200DI
18
Repeal the section, substitute:
19
200DI Establishing voter's identity
20
(1) A voting officer must:
21
(a) request each person attending before the voting officer, and
22
claiming to vote in an election or elections (as the case
23
requires), to produce to the voting officer a proof of identity
24
document for the person; and
25
(b) ask questions of the person in order to work out whether the
26
person has voted before in the election or elections (as the
27
case requires).
28
(2) The voting officer may ask questions of the person in order to work
29
out the person's full name or the person's place of living, or both.
30
(3) If the voting officer is not satisfied that the person is a particular
31
person on a copy of the certified list of voters, or on an approved
32
Schedule 1
Amendments
6
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
list of voters, for a particular Division, the officer may ask the
1
person one or more questions about matters shown on the list for
2
the particular person to establish whether the person is that
3
particular person.
4
(4) A request made of a person (the
voter
) under paragraph (1)(a) is
5
satisfied if:
6
(a) the voter produces to the voting officer a proof of identity
7
document for the voter; or
8
(b) all of the following apply:
9
(i) another person (the
attester
) who is enrolled produces to
10
the voting officer a proof of identity document for the
11
attester that satisfies subsection (5);
12
(ii) the attester attests to the voter's identity by completing
13
the approved form, including by specifying the attester's
14
full name, enrolled address, the kind of proof of identity
15
document produced by the attester and the name of the
16
voter;
17
(iii) the attester and the voter sign the approved form in the
18
presence of the voting officer.
19
(5) A proof of identity document produced by the attester satisfies this
20
subsection if either or both of the following apply:
21
(a) it is issued by or on behalf of:
22
(i) the Commonwealth or a State or Territory; or
23
(ii) an authority of the Commonwealth or of a State or
24
Territory;
25
(b) it contains the attester's name and place of living.
26
(6) A voting officer must not:
27
(a) make a copy (including an electronic copy) of a proof of
28
identity document produced by a person under this section;
29
or
30
(b) electronically scan a proof of identity document produced by
31
a person under this section; or
32
(c) make a record (including an electronic record) of:
33
(i) the kind of proof of identity document produced by a
34
person under this section; or
35
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
7
(ii) any information contained in a proof of identity
1
document produced by a person under this section; or
2
(d) retain a proof of identity document produced by a person
3
under this section.
4
(7) A voting officer may, at the request of the attester, complete (but
5
not sign) the whole or a part of the approved form mentioned in
6
subparagraph (4)(b)(ii) for the attester. By doing so, the voting
7
officer does not make a record of information covered by
8
subparagraph (6)(c)(i) or (ii).
9
Note:
Section 336 deals with signing an approved form.
10
8 At the end of subsection 200DJ(1)
11
Add:
12
Note:
Division 4 deals with pre-poll declaration votes.
13
9 At the end of subsection 202AB(1)
14
Add "The regulations must not make provision for such a person to be
15
requested or required to produce a proof of identity document for the
16
person.".
17
10 At the end of subsection 202AB(1A)
18
Add "The regulations must not make provision for such an elector to be
19
requested or required to produce a proof of identity document for the
20
elector.".
21
11 Subsection 221(3)
22
Omit "unless a person shows by his or her answers to the questions
23
under section 200DI or 229 that he or she is not entitled to vote",
24
substitute "subject to the application of section 200DG or 229 in
25
relation to a person".
26
12 At the end of subsection 227(3)
27
Add:
28
Note:
Subsection (3) has the effect, for example, that section 200DI or 229
29
applies in relation to taking votes under this section.
30
Schedule 1
Amendments
8
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
13 Section 229 (heading)
1
Repeal the heading, substitute:
2
229 Establishing voter's identity etc.
3
14 Subsections 229(1) to (4)
4
Repeal the subsections, substitute:
5
(1) The presiding officer or a polling official must:
6
(a) request each person attending before the officer or official,
7
and claiming to vote in an election or elections (as the case
8
requires), to produce to the officer or official a proof of
9
identity document for the person; and
10
(b) ask questions of the person in order to work out whether the
11
person has voted before in the election or elections (as the
12
case requires).
13
(2) The presiding officer or the polling official may ask questions of
14
the person in order to work out the person's full name or the
15
person's place of living, or both.
16
(3) The presiding officer or the polling official must also ask each
17
person claiming to vote as an absent voter in an election or
18
elections (as the case requires) to identify the Division for which
19
the person is enrolled.
20
(4) If the presiding officer or the polling official is not satisfied that the
21
person is a particular person on the certified list of voters, or on an
22
approved list of voters, for the relevant Division, the officer or
23
official may ask the person one or more questions about matters
24
shown on the list for the particular person to establish whether the
25
person is that particular person.
26
(4A) A request made of a person (the
voter
) under paragraph (1)(a) is
27
satisfied if:
28
(a) the voter produces to the presiding officer or the polling
29
official a proof of identity document for the voter; or
30
(b) all of the following apply:
31
(i) another person (the
attester
) who is enrolled produces to
32
the presiding officer or the polling official a proof of
33
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
9
identity document for the attester that satisfies
1
subsection (4B);
2
(ii) the attester attests to the voter's identity by completing
3
the approved form, including by specifying the attester's
4
full name, enrolled address, the kind of proof of identity
5
document produced by the attester and the name of the
6
voter;
7
(iii) the attester and the voter sign the approved form in the
8
presence of the presiding officer or the polling official.
9
(4B) A proof of identity document produced by the attester satisfies this
10
subsection if either or both of the following apply:
11
(a) it is issued by or on behalf of:
12
(i) the Commonwealth or a State or Territory; or
13
(ii) an authority of the Commonwealth or of a State or
14
Territory;
15
(b) it contains the attester's name and place of living.
16
(4C) The presiding officer or a polling official must not:
17
(a) make a copy (including an electronic copy) of a proof of
18
identity document produced by a person under this section;
19
or
20
(b) electronically scan a proof of identity document produced by
21
a person under this section; or
22
(c) make a record (including an electronic record) of:
23
(i) the kind of proof of identity document produced by a
24
person under this section; or
25
(ii) any information contained in a proof of identity
26
document produced by a person under this section; or
27
(d) retain a proof of identity document produced by a person
28
under this section.
29
(4D) The presiding officer or a polling official may, at the request of the
30
attester, complete (but not sign) the whole or a part of the approved
31
form mentioned in subparagraph (4A)(b)(ii) for the attester. By
32
doing so, the officer or official does not make a record of
33
information covered by subparagraph (4C)(c)(i) or (ii).
34
Note:
Section 336 deals with signing an approved form.
35
Schedule 1
Amendments
10
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
15 Paragraphs 229(5)(a) and (b)
1
Repeal the paragraphs, substitute:
2
(a) any of the following apply:
3
(i) a request made of the person under paragraph (1)(a) is
4
not satisfied in accordance with subsection (4A);
5
(ii) the person refuses to answer fully any question the
6
person is asked under subsection (2);
7
(iii) the person answers a question under paragraph (1)(b) so
8
as to indicate that the person has voted before in the
9
relevant election or elections (as the case requires); or
10
(b) either:
11
(i) if the presiding officer made the request under
12
paragraph (1)(a)--the presiding officer is not reasonably
13
satisfied of the identity of the person; or
14
(ii) if a polling official made the request under
15
paragraph (1)(a)--the presiding officer or the polling
16
official is not reasonably satisfied of the identity of the
17
person.
18
16 At the end of section 229 (after the note)
19
Add:
20
(6) If:
21
(a) paragraph (5)(a) or (b) applies in relation to the person; and
22
(b) the person is not claiming to vote as an absent voter;
23
the presiding officer or the polling official must inform the person
24
that the person may cast a provisional vote in accordance with
25
section 235.
26
17 Paragraph 231(1)(a)
27
Omit "the person's answers to questions put to the person show that he
28
or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor
29
(b) applies in relation to the person".
30
18 At the end of subsection 231(1)
31
Add:
32
Note:
Section 235 deals with provisional votes.
33
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
11
19 Paragraph 235(1)(c)
1
Repeal the paragraph, substitute:
2
(c) paragraph 229(5)(a) or (b) applies in relation to the person
3
and the person is not claiming to vote as an absent voter; or
4
20 Application provision
5
The amendments of the
Commonwealth Electoral Act 1918
made by
6
this Schedule apply in relation to elections the writs for which are
7
issued on or after the commencement of this item.
8
Referendum (Machinery Provisions) Act 1984
9
21 Subsection 3(1)
10
Insert:
11
proof of identity document
has the meaning given by section 3AA.
12
22 After section 3
13
Insert:
14
3AA Definition of proof of identity document
15
A
proof of identity document
is any of the following (including
16
any of the following in electronic form):
17
(a) a current driver's licence issued under the law of a State or
18
Territory or a law in force in Norfolk Island;
19
(b) a current Australian passport;
20
(c) a current proof of age card issued by or on behalf of a State
21
or Territory or an authority of a State or Territory;
22
(d) a birth certificate issued by or on behalf of a State or
23
Territory or an authority of a State or Territory;
24
(e) a notice evidencing a person's Australian citizenship that is
25
given under section 37 of the
Australian Citizenship Act
26
2007
;
27
(f) a current identification card (however described) issued by or
28
on behalf of:
29
(i) the Commonwealth or a State or Territory; or
30
Schedule 1
Amendments
12
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
(ii) an authority of the Commonwealth or of a State or
1
Territory;
2
(g) an account statement or notice (however described) issued by
3
a local government body, utilities provider or carriage service
4
provider in the last 12 months;
5
(h) either:
6
(i) a current credit card or debit card issued by an
7
Australian financial institution; or
8
(ii) an account statement issued by an Australian financial
9
institution in the last 12 months;
10
(i) a notice of assessment (including an amended assessment)
11
issued in the last 12 months under the
Income Tax
12
Assessment Act 1936
in respect of a year of income;
13
(j) a notice issued by the Electoral Commissioner under the
14
Commonwealth Electoral Act 1918
notifying a person of the
15
person's enrolment;
16
(k) a document that relates to the affairs of a particular person,
17
that specifies the person's name and that is issued in the
18
ordinary course of business by:
19
(i) an Aboriginal or Torres Strait Islander land council or
20
land trust (however described) established by or under a
21
law of the Commonwealth, a State or a Territory; or
22
(ii) a body corporate that is prescribed by, or is of a kind
23
prescribed by, regulations made for the purposes of
24
section 59 of the
Native Title Act 1993
.
25
Note 1:
For paragraph (f), a medicare card, a Commonwealth seniors health
26
card, a Commonwealth pensioner concession card and a
27
Commonwealth Repatriation Health Card are examples of
28
identification cards.
29
Note 2:
For paragraph (g), a council rates notice, an electricity account
30
statement, a gas account statement, a water and sewerage account
31
statement, a mobile phone account statement and an internet service
32
account statement are examples of account statements or notices.
33
23 Section 30 (heading)
34
Repeal the heading, substitute:
35
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
13
30 Establishing voter's identity etc.
1
24 Subsections 30(1) to (4)
2
Repeal the subsections, substitute:
3
(1) The presiding officer or a polling official must:
4
(a) subject to subsection (4A), request each person attending
5
before the officer or official, and claiming to vote in a
6
referendum or referendums (as the case requires), to produce
7
to the officer or official a proof of identity document for the
8
person; and
9
(b) ask questions of the person in order to work out whether the
10
person has voted before in the referendum or referendums (as
11
the case requires).
12
(2) The presiding officer or the polling official may ask questions of
13
the person in order to work out the person's full name or the
14
person's place of living, or both.
15
(3) The presiding officer or the polling official may also ask each
16
person claiming to vote as an absent voter in a referendum or
17
referendums (as the case requires) to identify the Division for
18
which the person is enrolled.
19
(4) If the presiding officer or the polling official is not satisfied that the
20
person is a particular person on the certified list of voters, or on an
21
approved list of voters, for the relevant Division, the officer or
22
official may ask the person one or more questions about matters
23
shown on the list for the particular person to establish whether the
24
person is that particular person.
25
(4A) If the voting day for the referendum or referendums (as the case
26
requires) is the same as that fixed for the polling at an election, the
27
presiding officer or a polling official is not required to make a
28
request of a person under paragraph (1)(a) if the officer or official
29
is reasonably satisfied of the identity of the person because of the
30
following in relation to the election:
31
(a) a request made of the person under paragraph 229(1)(a) of
32
the
Commonwealth Electoral Act 1918
being satisfied in
33
accordance with subsection 229(4A) of that Act;
34
Schedule 1
Amendments
14
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
(b) answers by the person to questions (if any) asked under
1
section 229 of that Act.
2
(4B) A request made of a person (the
voter
) under paragraph (1)(a) is
3
satisfied if:
4
(a) the voter produces to the presiding officer or the polling
5
official a proof of identity document for the voter; or
6
(b) all of the following apply:
7
(i) another person (the
attester
) who is enrolled produces to
8
the presiding officer or the polling official a proof of
9
identity document for the attester that satisfies
10
subsection (4C);
11
(ii) the attester attests to the voter's identity by completing
12
the approved form, including by specifying the attester's
13
full name, enrolled address, the kind of proof of identity
14
document produced by the attester and the name of the
15
voter;
16
(iii) the attester and the voter sign the approved form in the
17
presence of the presiding officer or the polling official.
18
(4C) A proof of identity document produced by the attester satisfies this
19
subsection if either or both of the following apply:
20
(a) it is issued by or on behalf of:
21
(i) the Commonwealth or a State or Territory; or
22
(ii) an authority of the Commonwealth or of a State or
23
Territory;
24
(b) it contains the attester's name and place of living.
25
(4D) The presiding officer or a polling official must not:
26
(a) make a copy (including an electronic copy) of a proof of
27
identity document produced by a person under this section;
28
or
29
(b) electronically scan a proof of identity document produced by
30
a person under this section; or
31
(c) make a record (including an electronic record) of:
32
(i) the kind of proof of identity document produced by a
33
person under this section; or
34
(ii) any information contained in a proof of identity
35
document produced by a person under this section; or
36
Amendments
Schedule 1
No. , 2022
Electoral Legislation Amendment (Voter Identification) Bill 2022
15
(d) retain a proof of identity document produced by a person
1
under this section.
2
(4E) The presiding officer or a polling official may, at the request of the
3
attester, complete (but not sign) the whole or a part of the approved
4
form mentioned in subparagraph (4B)(b)(ii) for the attester. By
5
doing so, the officer or official does not make a record of
6
information covered by subparagraph (4D)(c)(i) or (ii).
7
Note:
Section 127 deals with signing an approved form.
8
25 Paragraphs 30(5)(a) and (b)
9
Repeal the paragraphs, substitute:
10
(a) any of the following apply:
11
(i) a request (if any) made of the person under
12
paragraph (1)(a) is not satisfied in accordance with
13
subsection (4B);
14
(ii) the person refuses to answer fully any question the
15
person is asked under subsection (2);
16
(iii) the person answers a question under paragraph (1)(b) so
17
as to indicate that the person has voted before in the
18
relevant referendum or referendums (as the case
19
requires); or
20
(b) either:
21
(i) if the presiding officer makes a request of the person
22
under paragraph (1)(a)--the presiding officer is not
23
reasonably satisfied of the identity of the person; or
24
(ii) if a polling official makes a request of the person under
25
paragraph (1)(a)--the presiding officer or the polling
26
official is not reasonably satisfied of the identity of the
27
person.
28
26 At the end of section 30 (after the note)
29
Add:
30
(6) If:
31
(a) paragraph (5)(a) or (b) applies in relation to the person; and
32
(b) the person is not claiming to vote as an absent voter;
33
Schedule 1
Amendments
16
Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
the presiding officer or the polling official must inform the person
1
that the person may cast a provisional vote in accordance with
2
section 37.
3
27 Section 31
4
Repeal the section.
5
28 Paragraph 33(1)(a)
6
Omit "the person's answers to the questions referred to in sections 30
7
and 31 show that he or she is entitled to vote", substitute "neither
8
paragraph 30(5)(a) nor (b) applies in relation to the person".
9
29 At the end of subsection 33(1)
10
Add:
11
Note:
Section 37 deals with provisional votes.
12
30 Paragraph 37(1)(c)
13
Repeal the paragraph, substitute:
14
(c) paragraph 30(5)(a) or (b) applies in relation to the person and
15
the person is not claiming to vote as an absent voter; or
16
31 At the end of subsection 51(3)
17
Add:
18
Note:
Subsection (3) has the effect, for example, that section 30 or 73CI
19
applies in relation to taking votes under this section.
20
32 After paragraph 73CG(1)(a)
21
Insert:
22
(aa) a request (if any) made of the voter under
23
paragraph 73CI(1)(a) is satisfied in accordance with
24
subsection 73CI(5); and
25
(ab) a voting officer is reasonably satisfied of the identity of the
26
voter; and
27
33 Paragraph 73CG(2)(b)
28
Repeal the paragraph, substitute:
29
(a) any of the following apply:
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Electoral Legislation Amendment (Voter Identification) Bill 2022
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(i) a request (if any) made of the voter under
1
paragraph 73CI(1)(a) is not satisfied in accordance with
2
subsection 73CI(5);
3
(ii) the voter refuses to answer fully any question the voter
4
is asked under subsection 73CI(2);
5
(iii) the voter answers a question under
6
paragraph 73CI(1)(b) so as to indicate that the voter has
7
voted before in the relevant referendum or referendums
8
(as the case requires); or
9
34 Paragraph 73CG(2)(c)
10
Repeal the paragraph, substitute:
11
(c) a voting officer makes a request of the person under
12
paragraph 73CI(1)(a) and the officer is not reasonably
13
satisfied of the identity of the voter; or
14
35 At the end of section 73CG
15
Add:
16
(3) If, under this section, the voter is not entitled to vote by pre-poll
17
ordinary vote, the voting officer must inform the voter that the
18
voter may make a pre-poll declaration vote in accordance with
19
Division 4.
20
36 Section 73CI
21
Repeal the section, substitute:
22
73CI Establishing voter's identity
23
(1) A voting officer must:
24
(a) subject to subsection (4), request each person attending
25
before the voting officer, and claiming to vote in a
26
referendum or referendums (as the case requires), to produce
27
to the voting officer a proof of identity document for the
28
person; and
29
(b) ask questions of the person in order to work out whether the
30
person has voted before in the referendum or referendums (as
31
the case requires).
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Electoral Legislation Amendment (Voter Identification) Bill 2022
No. , 2022
(2) The voting officer may ask questions of the person in order to work
1
out the person's full name or the person's place of living, or both.
2
(3) If the voting officer is not satisfied that the person is a particular
3
person on a copy of the certified list of voters, or on an approved
4
list of voters, for a particular Division, the officer may ask the
5
person one or more questions about matters shown on the list for
6
the particular person to establish whether the person is that
7
particular person.
8
(4) If the voting day for the referendum or referendums (as the case
9
requires) is the same as that fixed for the polling at an election, a
10
voting officer is not required to make a request of a person under
11
paragraph (1)(a) if the officer is reasonably satisfied of the identity
12
of the person because of the following in relation to the election:
13
(a) a request made of the person under paragraph 200DI(1)(a) of
14
the
Commonwealth Electoral Act 1918
being satisfied in
15
accordance with subsection 200DI(4) of that Act;
16
(b) answers by the person to questions (if any) asked under
17
section 200DI of that Act.
18
(5) A request made of a person (the
voter
) under paragraph (1)(a) is
19
satisfied if:
20
(a) the voter produces to the voting officer a proof of identity
21
document for the voter; or
22
(b) all of the following apply:
23
(i) another person (the
attester
) who is enrolled produces to
24
the voting officer a proof of identity document for the
25
attester that satisfies subsection (6);
26
(ii) the attester attests to the voter's identity by completing
27
the approved form, including by specifying the attester's
28
full name, enrolled address, the kind of proof of identity
29
document produced by the attester and the name of the
30
voter;
31
(iii) the attester and the voter sign the approved form in the
32
presence of the voting officer.
33
(6) A proof of identity document produced by the attester satisfies this
34
subsection if either or both of the following apply:
35
(a) it is issued by or on behalf of:
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(i) the Commonwealth or a State or Territory; or
1
(ii) an authority of the Commonwealth or of a State or
2
Territory;
3
(b) it contains the attester's name and place of living.
4
(7) A voting officer must not:
5
(a) make a copy (including an electronic copy) of a proof of
6
identity document produced by a person under this section;
7
or
8
(b) electronically scan a proof of identity document produced by
9
a person under this section; or
10
(c) make a record (including an electronic record) of:
11
(i) the kind of proof of identity document produced by a
12
person under this section; or
13
(ii) any information contained in a proof of identity
14
document produced by a person under this section; or
15
(d) retain a proof of identity document produced by a person
16
under this section.
17
(8) A voting officer may, at the request of the attester, complete (but
18
not sign) the whole or a part of the approved form mentioned in
19
subparagraph (5)(b)(ii) for the attester. By doing so, the voting
20
officer does not make a record of information covered by
21
subparagraph (7)(c)(i) or (ii).
22
Note:
Section 127 deals with signing an approved form.
23
37 At the end of subsection 73CJ(1)
24
Add:
25
Note:
Division 4 deals with pre-poll declaration votes.
26
38 At the end of subsection 73M(1)
27
Add "The regulations must not make provision for such a person to be
28
requested or required to produce a proof of identity document for the
29
person.".
30
39 At the end of subsection 73M(1A)
31
Add "The regulations must not make provision for such an elector to be
32
requested or required to produce a proof of identity document for the
33
elector.".
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Electoral Legislation Amendment (Voter Identification) Bill 2022
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40 Application provision
1
The amendments of the
Referendum (Machinery Provisions) Act 1984
2
made by this Schedule apply in relation to referendums the writs for
3
which are issued on or after the commencement of this item.
4