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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Electoral Legislation Amendment
(Miscellaneous Measures) Bill 2020
No. , 2020
(Finance)
A Bill for an Act to amend the law relating to
electoral matters, and for related purposes
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to gifts, voting and scrutiny
processes
3
Part 1--Amendments commencing day after Royal Assent
3
Commonwealth Electoral Act 1918
3
Part 2--Amendments commencing on Proclamation
13
Commonwealth Electoral Act 1918
13
Referendum (Machinery Provisions) Act 1984
30
Schedule 2--Amendments relating to a Redistribution
Committee for the Australian Capital Territory
43
Part 1--Amendments
43
Commonwealth Electoral Act 1918
43
Part 2--Application and transitional provisions
45
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
1
A Bill for an Act to amend the law relating to
1
electoral matters, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Electoral Legislation Amendment (Miscellaneous
5
Measures)
Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
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. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
A day or days to be fixed by Proclamation.
However, if any of the provisions 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 2
A day or days to be fixed by Proclamation.
However, if any of the provisions 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.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
3
Schedule 1--Amendments relating to gifts,
1
voting and scrutiny processes
2
Part 1--Amendments commencing day after Royal
3
Assent
4
Commonwealth Electoral Act 1918
5
1 Section 286A
6
Omit "more than 4% of the total", substitute "at least 4% of the total
7
formal".
8
2 Subsection 287(1)
9
Insert:
10
federal purpose
means the purpose of incurring electoral
11
expenditure, or creating or communicating electoral matter.
12
group amount
for a group means the total amount worked out by
13
multiplying $2.801 by the number of formal first preference votes
14
given for candidates in the group in the relevant election, based on
15
formal first preference votes counted as at the day mentioned in
16
subsection 293(3).
17
Note:
The dollar amount specified in this definition is indexed under
18
section 321.
19
jointly endorsed group
means a group whose candidates are
20
endorsed for a Senate election by more than one registered political
21
party.
22
regulated entity
means:
23
(a) in section 302CA--a political entity, a political campaigner
24
or a third party; and
25
(b) in section 314B--a political entity, a political campaigner, a
26
third party or an associated entity.
27
single-party endorsed group
means a group whose candidates are
28
endorsed for a Senate election by a single registered political party.
29
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 1
Amendments commencing day after Royal Assent
4
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
3 After subsection 287(9)
1
Insert:
2
Formal first preference group votes
3
(9A) To avoid doubt, a formal first preference vote includes a vote given
4
for a group in a square printed on the ballot paper above the line.
5
Note:
A square numbered 1 for a group above the line is taken under
6
section 272 to be a first preference vote for the candidate at the top of
7
the group below the line.
8
4 Subsection 287M(3)
9
Omit "(as the case requires)", substitute "if the Commissioner is
10
satisfied that the person or entity no longer meets the requirements for
11
registration as a political campaigner or associated entity (as the case
12
requires). Otherwise, the Commissioner must refuse the application.".
13
5 At the end of section 287M
14
Add:
15
Review of decisions
16
(4) Section 141 (review of certain decisions) applies as if:
17
(a) a decision under this section to refuse to deregister a person
18
or entity in accordance with the person or entity's application
19
were a reviewable decision; and
20
(b) references to a person included references to a political
21
campaigner or associated entity.
22
6 Section 292G
23
Omit "more than 4% of the total", substitute "at least 4% of the total
24
formal".
25
7 Paragraph 293(1)(b)
26
Omit "formal first preference group votes given for the candidates",
27
substitute "formal first preference votes given for the members of the
28
group".
29
8 Paragraph 293(2)(a)
30
Repeal the paragraph, substitute:
31
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
5
(a) the total of the following amounts for each candidate who
1
satisfies paragraph (1)(a) and each group that satisfies
2
paragraph (1)(b):
3
(i) the amount worked out by multiplying $2.801 by the
4
number of formal first preference votes given for the
5
candidate in the election, based on formal first
6
preference votes counted as at the day mentioned in
7
subsection (3);
8
(ii) if a group is a single-party endorsed group--the group
9
amount for the group;
10
(iii) if a group is a jointly endorsed group--the percentage
11
of the group amount for the group that is specified in an
12
agreement made in accordance with subsection (4), or if
13
there is no such agreement, that is determined for the
14
party by the Electoral Commissioner; or
15
9 Subsection 293(2) (note)
16
Omit "amounts in subparagraphs (2)(a)(i) and (ii)", substitute "dollar
17
amounts specified in subparagraph (2)(a)(i)".
18
10 Subsection 293(3)
19
Omit "and formal first preference group votes".
20
11 At the end of section 293
21
Add:
22
(4) An agreement made for the purposes of subparagraph (2)(b)(iii)
23
must:
24
(a) be signed by the agents of each of the parties endorsing
25
candidates in the jointly endorsed group; and
26
(b) specify percentages for each of those parties that together do
27
not exceed 100%; and
28
(c) be given to the Electoral Commission before the 20th day
29
after the polling day for the election.
30
12 Paragraph 294(2)(a)
31
Omit "$2.73454 for each formal first preference vote", substitute "the
32
amount worked out by multiplying $2.801 by the number of formal first
33
preference votes".
34
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 1
Amendments commencing day after Royal Assent
6
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
13 Subsection 294(2) (note)
1
Omit "amounts in", substitute "dollar amounts specified in".
2
14 Paragraph 295(1)(b)
3
Omit "group votes", substitute "votes given for candidates in the
4
group".
5
15 Paragraph 295(2)(a)
6
Omit "$2.73454 for each formal first preference group vote", substitute
7
"the amount worked out by multiplying $2.801 by the number of formal
8
first preference votes given for candidates in the group".
9
16 Paragraph 295(2)(a)
10
Omit "and formal first preference group votes".
11
17 Subsection 295(2) (note)
12
Omit "amounts in", substitute "dollar amounts specified in".
13
18 Subsection 295(3)
14
Omit "and formal first preference group votes".
15
19 Subsection 296(1)
16
Repeal the subsection, substitute:
17
(1) As soon as practicable after 20 days after the polling day for an
18
election or elections, the Electoral Commission must pay $10,000
19
in relation to:
20
(a) each registered political party that is entitled to claim, and
21
wishes to receive, an amount under subsection 293(2) (but
22
subject to subsection (1A)); or
23
(b) each candidate that is entitled to claim, and wishes to receive,
24
an amount under subsection 294(2); or
25
(c) each group in a Senate election that is entitled to claim, and
26
wishes to receive, an amount under subsection 295(2).
27
(1A) If:
28
(a) 2 or more registered political parties referred to in
29
paragraph (1)(a) endorsed candidates in a jointly endorsed
30
group; and
31
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
7
(b) each of the parties is only entitled to claim an amount under
1
subparagraph 293(2)(a)(iii);
2
the amount paid in relation to each party under subsection (1) is the
3
amount equal to the percentage, referred to in that subparagraph for
4
the party, of $10,000.
5
20 At the end of subsection 297(5)
6
Add "(although a claim may be varied under section 298BA)".
7
21 Paragraph 298A(c)
8
Omit "is payable", substitute "is to be paid".
9
22 Paragraph 298A(d)
10
Omit "is payable" (wherever occurring), substitute "to be paid".
11
23 After section 298B
12
Insert:
13
298BA Varying a claim
14
(1) If an interim claim or a final claim has not been determined by the
15
Electoral Commission, the agent
specified in subsection 297(1)
16
who made the claim may vary the claim.
17
(2) To avoid doubt, a claim may be varied after the period mentioned
18
in paragraph 298B(1)(b).
19
(3) The varied interim claim or varied final claim must be in the
20
approved form.
21
(4) For the purposes of this Act, the Electoral Commission is taken to
22
have received the interim claim or final claim (as the case requires)
23
at the time the claim is varied.
24
24 Subsection 298C(5)
25
Omit "and formal first preference group votes".
26
25 Section 302CA
27
Repeal the section, substitute:
28
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 1
Amendments commencing day after Royal Assent
8
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
302CA Gifts made etc. for federal purposes
1
Offering gifts
2
(1) Despite any State or Territory electoral law, a person or entity may
3
offer to give a gift to, or for the benefit of, a regulated entity if the
4
gift is expressly
offered for federal purposes.
5
Seeking gifts
6
(2) Despite any State or Territory electoral law, a regulated entity, or a
7
person on behalf of a regulated entity, may seek a gift if the gift is
8
expressly
sought for use for federal purposes.
9
Giving gifts
10
(3) Despite any State or Territory electoral law, a person or entity may
11
give a gift to, or for the benefit of, a regulated entity if the gift is
12
expressly
given for federal purposes.
13
Receiving or keeping gifts
14
(4) Despite any State or Territory electoral law, a regulated entity, or a
15
person on behalf of a regulated entity, may receive or keep a gift
16
unless the regulated entity keeps the gift for use for, or uses the gift
17
for, purposes other than federal purposes.
18
(5) To avoid doubt, subsection (4) is taken never to have applied if, at
19
any time, the regulated entity keeps the gift for use for, or uses the
20
gift for, purposes other than federal purposes.
21
(6) Subsection (4) also has the effect it would have if a reference to a
22
gift were confined to a gift expressly given for federal purposes.
23
Using gifts
24
(7) Despite any State or Territory electoral law, a regulated entity may
25
use, or authorise the use of, a gift for federal purposes.
26
(8) To avoid doubt, the fact that, as a result of subsection (7), a State
27
or Territory electoral law does not prohibit the use of a gift does
28
not prevent that law from prohibiting the offering, seeking, giving,
29
receiving or keeping of the gift.
30
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
9
Gifts not otherwise prohibited by this Division
1
(9) To avoid doubt, this section applies to a gift only if this Division
2
does not prohibit the giving, receiving or keeping of the gift.
3
26 Subsection 302D(1C)
4
Omit "for the purposes of incurring electoral expenditure, or creating or
5
communicating electoral matter,", substitute "for a federal purpose".
6
27 Section 314B
7
Repeal the section, substitute:
8
314B Disclosure of amounts given etc. for federal purposes
9
Disclosure of amounts given
10
(1) Despite any State or Territory electoral law, a person or entity is
11
not required to disclose under that law an amount, or information
12
relating to an amount, (including a gift or loan) if the person or
13
entity expressly gives the amount to, or for the benefit of, a
14
regulated entity for federal purposes.
15
Disclosure of amounts received
16
(2) Despite any State or Territory electoral law, a regulated entity is
17
not required to disclose under that law an amount, or information
18
relating to an amount, (including a gift or loan) that is given to the
19
regulated entity unless the regulated entity keeps the amount for
20
use for, or uses the amount for, purposes other than federal
21
purposes.
22
(3) To avoid doubt, subsection (2) is taken never to have applied if, at
23
any time, the regulated entity keeps the amount for use for, or uses
24
the amount for, purposes other than federal purposes.
25
(4) Subsection (2) also has the effect it would have if a reference to an
26
amount were confined to an amount expressly given for federal
27
purposes.
28
Disclosure of expenditure
29
(5) Despite any State or Territory electoral law, a regulated entity is
30
not required to disclose under that law an amount, or information
31
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 1
Amendments commencing day after Royal Assent
10
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
relating to an amount, of expenditure if the expenditure is electoral
1
expenditure.
2
Disclosure of debts
3
(6) Despite any State or Territory electoral law, a regulated entity is
4
not required to disclose under that law an amount, or information
5
relating to an amount, of a debt (except a debt incurred as a result
6
of a loan) if the debt is incurred for federal purposes.
7
Interpretation
8
(7) Despite any State or Territory electoral law, if, as a result of this
9
section, a person or entity is not required to disclose under that law
10
an amount, or information relating to an amount, (the
federal
11
amount or information
), then:
12
(a) it is immaterial whether the federal amount or information is
13
required to be included in a return provided under this Part;
14
and
15
(b) a total amount, or information relating to a total amount, that
16
is required to be disclosed under that law is not required to
17
include the federal amount or information.
18
28 Subsection 321(1) (paragraph (a) of the definition of
19
relevant amount
)
20
Repeal the paragraph, substitute:
21
(aa) the definition of
group amount
in subsection 287(1);
22
(a) subparagraph 293(2)(a)(i);
23
29 Subsection 321(1) (at the end of the definition of
relevant
24
amount
)
25
Add:
26
; (c) subsections 296(1) and (1A) and 297(1).
27
30 Subsections 321(4) and (5)
28
Omit ", calculated to 3 decimal places,".
29
31 Subsection 321(6)
30
Repeal the subsection, substitute:
31
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing day after Royal Assent
Part 1
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
11
(6) The following are to be ascertained to 3 decimal places, but
1
increased by .001 if the fourth decimal place is more than 4:
2
(a) a factor ascertained under subsection (5);
3
(b) a relevant amount referred to in:
4
(i) the definition of
group amount
in subsection 287(1); or
5
(ii) subparagraph 293(2)(a)(i) or paragraph 294(2)(a) or
6
295(2)(a).
7
(7) Any other relevant amount ascertained for the purposes of
8
subsection (4) is to be rounded to the nearest dollar, rounding up in
9
the case of 50 cents or more.
10
32 Subsection 321A(2)
11
Omit "(rounded to the nearest $100)".
12
33 After subsection 321A(3)
13
Insert:
14
(3A) The dollar amount worked out for the purposes of subsection (2) is
15
to be rounded to the nearest $100, rounding up in the case of $50
16
or more.
17
34 Application of this Part
18
Applications for deregistration
19
(1)
The amendments of section 287M of the
Commonwealth Electoral Act
20
1918
made by this Part apply in relation to applications made on or after
21
the commencement of this item.
22
Gifts for federal purposes and State and Territory laws
23
(2)
Section 302CA of the
Commonwealth Electoral Act 1918
, as inserted
24
by this Part, applies in relation to gifts given, offered or sought on or
25
after the commencement of this item.
26
Disclosing amounts provided etc. for federal purposes under
27
State or Territory electoral laws
28
(3)
Section 314B of the
Commonwealth Electoral Act 1918
, as inserted by
29
this Part, applies in relation to amounts given, or expenditure or debts
30
incurred, on or after the commencement of this item.
31
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 1
Amendments commencing day after Royal Assent
12
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
Indexation
1
(4)
The amendments of section 321 of the
Commonwealth Electoral Act
2
1918
made by this Part apply in relation to any 1 January or 1 July that
3
occurs on or after the commencement of this item.
4
(5)
For the purposes of the
Commonwealth Electoral Act 1918
, the
5
following provisions of that Act:
6
(a) the definition of
group amount
in subsection 287(1);
7
(b) subparagraph 293(2)(a)(i) and paragraphs 294(2)(a) and
8
295(2)(a);
9
apply after the commencement of this item, until the first 1 January or
10
1 July that occurs after that commencement, as if references to $2.801
11
in those provisions were substituted with references to the amount
12
worked out in accordance with section 321 of that Act, as in force
13
before that commencement, in relation to the most recent 1 January or
14
1 July that occurs after the Bill for the
Electoral Legislation Amendment
15
(Miscellaneous Measures) Act 2020
is introduced into the Parliament,
16
but before the commencement of this item.
17
(6)
The amendments of section 321A of the
Commonwealth Electoral Act
18
1918
made by this Part apply in relation to any financial year that
19
begins on or after the commencement of this item.
20
Remaining amendments
21
(7)
The other amendments of the
Commonwealth Electoral Act 1918
made
22
by this Schedule apply on and after the commencement of this item.
23
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing on Proclamation
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
13
Part 2--Amendments commencing on Proclamation
1
Commonwealth Electoral Act 1918
2
35 Subsection 4(1)
3
Insert:
4
Antarctica
means the Australian Antarctic Territory and includes:
5
(a) the Territory of Heard Island and McDonald Islands; and
6
(b) Macquarie Island.
7
36 Subsection 4(1) (definition of
Antarctic elector
)
8
Repeal the definition, substitute:
9
Antarctic elector
means an elector who is, in the course of the
10
elector's employment:
11
(a) in Antarctica; or
12
(b) on a ship at sea in transit to or from
Antarctica.
13
37 Subsection 4(1) (definition of
officer
)
14
Omit "an Antarctic Returning Officer, an Assistant Antarctic Returning
15
Officer,".
16
38 After section 36
17
Insert:
18
37 AEC staff may act as Divisional Returning Officers or Assistant
19
Divisional Returning Officers
20
(1) The Electoral Commissioner may, in writing, authorise one or
21
more persons who are members of the staff of the Electoral
22
Commission to exercise or perform:
23
(a) in relation to one or more specified Divisions, powers,
24
functions or duties that are conferred on a Divisional
25
Returning Officer for those Divisions; or
26
(b) in relation to one or more specified Subdivisions, powers,
27
functions or duties that are conferred on an Assistant
28
Divisional Returning Officer for those Subdivisions.
29
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 2
Amendments commencing on Proclamation
14
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
(2) An authorisation:
1
(a) may be made subject to conditions or limitations specified in
2
the authorisation; and
3
(b) does not limit the power of a Divisional Returning Officer or
4
Assistant Divisional Returning Officer (as the case requires)
5
to act in any matter.
6
Effect of authorisation relating to DROs
7
(3) If an authorisation is given in relation to the powers, functions or
8
duties of a Divisional Returning Officer for a specified Division:
9
(a) the person authorised in relation to the Division may exercise
10
or perform any power, function or duty of a Divisional
11
Returning Officer for the Division, subject to:
12
(i) any condition or limitation under paragraph (2)(a); and
13
(ii) any direction of a Divisional Returning Officer for the
14
Division; and
15
(b) a reference to a Divisional Returning Officer or DRO in this
16
Act is taken to include a reference to the person.
17
Effect of authorisation relating to Assistant Divisional Returning
18
Officers
19
(4) If an authorisation is given in relation to the powers, functions or
20
duties of an Assistant Divisional Returning Officer for a specified
21
Subdivision:
22
(a) the person authorised in relation to the Subdivision may
23
exercise or perform any power, function or duty of an
24
Assistant Divisional Returning Officer for the Subdivision,
25
subject to:
26
(i) any condition or limitation under paragraph (2)(a); and
27
(ii) any direction of an Assistant Divisional Returning
28
Officer for the Subdivision, or of a Divisional Returning
29
Officer for the Division in which the Subdivision is
30
situated; and
31
(b) a reference to an Assistant Divisional Returning Officer in
32
this Act is taken to include a reference to the person.
33
Note:
As a result of subsection 34(3), the person authorised may also
34
exercise or perform, in relation to the Subdivision, any power,
35
function or duty of the Divisional Returning Officer for the Division
36
in which the Subdivision is situated.
37
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing on Proclamation
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
15
39 Paragraph 94A(3)(d)
1
Before "the Subdivision", insert "for".
2
40 After section 96A
3
Insert:
4
96B Entitlement of Antarctic electors to vote
5
(1) An Antarctic elector is entitled to vote in accordance with
6
Part XVB (electronically assisted voting).
7
Electors in Antarctica who are already on the Roll
8
(2) Despite subsection 99(1) or (2), while a person is an Antarctic
9
elector, the person is entitled to:
10
(a) have the person's name retained on the Roll for the
11
Subdivision in which the person was enrolled when the
12
person first began to be in Antarctica or on the ship that is in
13
transit to or from Antarctica; and
14
(b) vote as an elector of the Subdivision.
15
(3) A person who is an Antarctic elector may, by notice given to the
16
Electoral Commissioner, notify the Electoral Commissioner that
17
the person is an Antarctic elector.
18
Persons in Antarctica who are not already on the Roll
19
(4) Subsection (5) applies if:
20
(a) a person is, under section 93, entitled to enrolment; and
21
(b) the person is, in the course of the person's employment:
22
(i) in Antarctica; or
23
(ii) on a ship at sea in transit to or from
Antarctica; and
24
(c) the person was not enrolled when the person began to be in
25
Antarctica or on the ship.
26
(5) The person is entitled to be enrolled:
27
(a) for the Subdivision for which the person last had an
28
entitlement to be enrolled; or
29
(b) if the person has never had such an entitlement--for a
30
Subdivision for which any of the person's next of kin is
31
enrolled; or
32
Schedule 1
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(c) if neither paragraph (a) nor (b) applies--for the Subdivision
1
in which the person was born; or
2
(d) if none of paragraphs (a), (b) and (c) applies--for the
3
Subdivision with which the person has the closest
4
connection.
5
Annotating the Roll
6
(6) The Electoral Commissioner must annotate the Roll for the
7
Subdivision for which a person is enrolled so as to indicate that the
8
person is an Antarctic elector if:
9
(a) the person gives a notice under subsection (3); or
10
(b) the Electoral Commissioner adds the person's name to the
11
Roll in accordance with subsection (5); or
12
(c) the Electoral Commissioner is otherwise satisfied that the
13
person is an Antarctic elector.
14
(7) The Electoral Commissioner must delete the annotation
15
immediately after the Commissioner becomes aware that the
16
elector has ceased to be an Antarctic elector.
17
41 Paragraph 96(2A)(d)
18
Before "the Subdivision", insert "for".
19
42 Subsection 99(3)
20
Omit "and 96A and Part XVII", substitute ", 96A and 96B".
21
43 Section 113 (definition of
Antarctic elector
)
22
Repeal the definition.
23
44 Paragraph 114(1B)(c)
24
Repeal the paragraph, substitute:
25
(c) the other person is not:
26
(i) an Antarctic elector; or
27
(ii) entitled to remain enrolled under section 96A
28
(enrolment of prisoners).
29
45 Paragraph 114(4)(c)
30
Repeal the paragraph, substitute:
31
(c) the person is not:
32
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(i) an Antarctic elector; or
1
(ii) entitled to remain enrolled under section 96A
2
(enrolment of prisoners).
3
46 Paragraph 118(4A)(c)
4
Repeal the paragraph, substitute:
5
(c) the challenged elector is not:
6
(i) an Antarctic elector; or
7
(ii) entitled to remain enrolled under section 96A
8
(enrolment of prisoners);
9
47 Subsection 188(1)
10
Omit "in accordance with whichever of subsections (2), (3) and (4) of
11
this section applies", substitute ", as provided under subsection (2) of
12
this section".
13
48 Subsections 188(2), (3) and (4)
14
Repeal the subsections (not including the note), substitute:
15
How material to be sent
16
(2) If the Electoral Commissioner or Assistant Returning Officer
17
receives the application for a postal vote at or before 6 pm on the
18
Wednesday that is 3 days before polling day in the election, the
19
material required by subsection (1) must be sent to the applicant by
20
a means that the Electoral Commissioner or Assistant Returning
21
Officer considers to be the most reasonable and practicable in the
22
circumstances.
23
49 Subsection 200BA(1A) (note)
24
Omit "or in the office of the DRO for the Division".
25
50 Paragraph 200C(1)(a)
26
Repeal the paragraph.
27
51 Subsection 200D(1)
28
Repeal the subsection.
29
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52 Section 200DC (definition of
voting officer
)
1
Omit "a DRO, or a pre-poll voting officer,", substitute "a pre-poll
2
voting officer".
3
53 Paragraph 200DD(1)(b)
4
Omit "Division;", substitute "Division.".
5
54 Paragraph 200DD(1)(c)
6
Repeal the paragraph.
7
55 Section 200DE
8
Omit "There must be a pencil in each compartment for use by voters.",
9
substitute "Each compartment must have an implement or method for
10
voters to mark their ballot papers.".
11
56 Subparagraph 200DG(2)(b)(ii)
12
Repeal the subparagraph, substitute:
13
(ii) answers a question under subsection 200DI(1) so as to
14
indicate that the person has voted before in the relevant
15
election or elections (as the case requires); or
16
57 Subsection 200DI(1)
17
Repeal the subsection, substitute:
18
(1) A voting officer must put to each person attending before the
19
voting officer, and claiming to vote in an election or elections (as
20
the case requires), questions in order to ascertain:
21
(a) the person's full name; and
22
(b) the person's place of living; and
23
(c) whether the person has voted before in the election or
24
elections (as the case requires).
25
58 Subsection 200DI(2)
26
Omit "in paragraphs (1)(a) and (b)", substitute "under subsection (1)".
27
59 Subsection 200DJ(3)
28
Omit "Immediately after giving the ballot paper to the voter, the voting
29
officer", substitute "If a ballot paper has been, or is to be, given to a
30
voter, a voting officer".
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60 Paragraph 200DJ(3)(b)
1
After "has been", insert ", or is to be,".
2
61 Subsection 200G(1)
3
Repeal the subsection.
4
62 Paragraph 200G(2)(a)
5
Repeal the paragraph.
6
63 Subsection 200G(3)
7
Omit "made by a DRO under subsection (1) and records".
8
64 Part XVB (heading)
9
Repeal the heading, substitute:
10
Part XVB--Electronically assisted voting
11
65 Section 202AB (heading)
12
Omit "
Regulations may provide
", substitute "
Providing
".
13
66 Subsection 202AB(1)
14
Omit "sight-impaired people to vote by an electronically assisted voting
15
method", substitute "an electronically assisted voting method to be used
16
by sight-impaired people to vote".
17
67 After subsection 202AB(1)
18
Insert:
19
(1A) The regulations must provide for an electronically assisted voting
20
method to be used by Antarctic electors to vote at general
21
elections, Senate elections and by-elections.
22
68 Subsection 202AB(2)
23
Omit "the generality of subsection (1)", substitute "subsection (1) or
24
(1A)".
25
69 At the end of section 202AB
26
Add:
27
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(6) Without limiting subsection 33(3A) of the
Acts Interpretation Act
1
1901
, regulations made for the purposes of this Part may make
2
different provision in relation to sight-impaired persons and
3
Antarctic electors.
4
70 Section 202AF (heading)
5
Omit "
used
", substitute "
used by sight-impaired persons
".
6
71 Subsection 202AF(1)
7
After "used", insert "by sight-impaired persons".
8
72 Paragraphs 202A(2)(h) and (j)
9
Repeal the paragraphs.
10
73 Section 202B
11
Repeal the section.
12
74 Section 206
13
Omit "booths shall", substitute "booths must".
14
75 Section 206
15
Omit "shall be furnished with a pencil for the use of voters", substitute
16
"must have an implement or method for voters to mark their ballot
17
papers".
18
76 After section 209A
19
Insert:
20
209B Administrative markings
21
(1) The Electoral Commissioner may also provide for a ballot paper to
22
be marked with any other mark that the Electoral Commissioner
23
thinks fit to assist in the administration of the election.
24
(2) A mark under subsection (1) does not need to be printed in black
25
typeface.
26
(3) To avoid doubt, this section does not authorise a mark to be made
27
that enables the identification of an elector or that identifies the
28
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21
personal information (within the meaning of the
Privacy Act 1988
)
1
of an elector.
2
Note:
An officer who marks a ballot paper enabling an elector to be
3
identified may commit an offence under section 271.
4
77 Subparagraph 210(1)(f)(i)
5
Repeal the subparagraph, substitute:
6
(i) a square must be printed to correspond with the name of
7
each candidate; and
8
78 Subparagraph 210(1)(f)(ii)
9
Omit "opposite", substitute "to correspond with".
10
79 Subsection 221(3)
11
Omit "prescribed by", substitute "under".
12
80 Subsection 228(1)
13
After "the presiding officer", insert "or a polling official".
14
81 Subsection 228(5A) (note)
15
Omit "202B", substitute "37".
16
82 Subsection 229(1)
17
Repeal the subsection, substitute:
18
(1) The presiding officer or a polling official must put to each person
19
attending before the officer or official, and claiming to vote in an
20
election or elections (as the case requires), questions in order to
21
ascertain:
22
(a) the person's full name; and
23
(b) the person's place of living; and
24
(c) whether the person has voted before in the election or
25
elections (as the case requires).
26
83 Subsection 229(2)
27
Omit "the presiding officer shall", substitute "the officer or official
28
must".
29
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84 Subsection 229(4)
1
Omit "in paragraphs (1)(a) and (b) do not satisfy the presiding officer",
2
substitute "under subsection (1) do not satisfy the officer or official".
3
85 Subsection 229(4)
4
After "the officer", insert "or official".
5
86 Subsection 229(5)
6
Repeal the subsection, substitute:
7
(5) A person's claim to vote must (subject to section 235) be rejected
8
if:
9
(a) questions are put to the person under subsection (1) and the
10
person:
11
(i) refuses to answer fully any of the questions; or
12
(ii) answers a question so as to indicate that the person has
13
voted before in the relevant election or elections (as the
14
case requires); and
15
(b) the presiding officer is satisfied that subparagraph (a)(i) or
16
(ii) applies in relation to the person.
17
Note:
Section 235 deals with provisional votes.
18
87 Section 230
19
After "the presiding officer,", insert "a polling official,".
20
88 Subsection 231(1)
21
Omit "by the presiding officer", substitute "by the officer or official".
22
89 Paragraph 231(1)(a)
23
Omit "the prescribed questions", substitute "questions put to the
24
person".
25
90 Subsection 231(2)
26
After "The presiding officer", insert "or a polling official".
27
91 Subsection 232(1)
28
Omit "Immediately after handing a ballot paper", substitute "If a ballot
29
paper has been, or is to be, given".
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92 Paragraph 232(1)(b)
1
After "the person has been", insert ", or is to be,".
2
93 Subsection 232(2)
3
Omit "at a polling place shall", substitute "or a polling official at a
4
polling place must".
5
94 Subsection 232(2)
6
Omit "and shall", substitute "and must".
7
95 Subparagraph 233(1)(b)(ii)
8
After "presiding officer", insert "or a polling official".
9
96 Subsection 233(2)
10
Omit "shall enclose each ballot paper of an absent voter returned to the
11
presiding officer", substitute "or polling official must enclose each
12
ballot paper of an absent voter returned to the officer or official".
13
97 Subsection 234(2)
14
After "presiding officer", insert "or a polling official".
15
98 Paragraph 234(2)(a)
16
Repeal the paragraph, substitute:
17
(a) another person who is either the presiding officer or a polling
18
official; or
19
99 Paragraph 234(2)(b)
20
Before "a polling official", insert "the presiding officer or".
21
100 Subsection 234(3)
22
After "presiding officer" (first occurring), insert "or polling official".
23
101 Subsection 234(3)
24
Omit "presiding officer" (second and third occurring), substitute
25
"officer or official".
26
102 Subsection 234(4)
27
After "presiding officer", insert "or a polling official".
28
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103 Paragraph 234(4)(d)
1
Before "a polling official", insert "another person who is either the
2
presiding officer or".
3
104 Paragraph 234A(3)(a)
4
Before "a polling official", insert "the presiding officer or".
5
105 Paragraph 234A(3)(b)
6
Omit "the polling official", substitute "the officer or official".
7
106 Subsection 234A(4)
8
Before "polling official", insert "presiding officer or".
9
107 Subsection 234A(5)
10
Omit "allow a polling official to mark and fold", substitute "mark and
11
fold, or allow a polling official to mark and fold,".
12
108 Subsection 234A(6)
13
Omit "polling official how the voter wishes the polling official",
14
substitute "presiding officer or polling official how the voter wishes the
15
officer or official".
16
109 Subsection 234A(7)
17
Before "polling official", insert "presiding officer or".
18
110 Subsection 234A(8)
19
Before "polling official" (first occurring), insert "presiding officer or".
20
111 Paragraph 234A(8)(d)
21
Before "a polling official", insert "another person who is either the
22
presiding officer or".
23
112 Paragraph 235(1)(c)
24
After "the presiding officer", insert "or a polling official".
25
113 Subparagraph 235(1)(c)(ii)
26
After "the officer", insert "or official".
27
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114 Subsection 235(3)
1
After "presence of", insert "the presiding officer or".
2
115 Subsection 235(4)
3
After "The", insert "presiding officer or".
4
116 Subsection 235(5)
5
After "the person,", insert "the presiding officer or".
6
117 Subsections 235(6) and (7)
7
Before "polling official", insert "presiding officer or".
8
118 Subsection 238(1)
9
Omit "or a voting officer within the meaning of Division 3 of
10
Part XVA,", substitute "a voting officer within the meaning of
11
Division 3 of Part XVA, or a polling official,".
12
119 Subsection 238(1)
13
Omit "presiding officer or voting officer", substitute "officer or
14
official".
15
120 Subsection 238(2)
16
After "officer" (wherever occurring), insert "or official".
17
121 Subsection 238(3)
18
After "officer", insert "or official".
19
122 Paragraphs 239(4)(b) and (c)
20
Omit "opposite", substitute "in a square corresponding with".
21
123 Part XVII
22
Repeal the Part.
23
124 Paragraph 268(1)(a)
24
After "the presiding officer", insert ", a polling official,".
25
125 Paragraph 268(1)(c)
26
Omit "opposite" (wherever occurring), substitute "corresponding with".
27
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126 Subsection 273(27)
1
Omit "opposite", substitute "in a square corresponding with".
2
127 Section 323
3
Omit ", except for the purposes of Part XVII,".
4
128 Subsection 325(1)
5
Omit "(1) A person who, being an officer other than an Antarctic
6
officer,", substitute "An officer who".
7
129 Subsections 325(2) and (3)
8
Repeal the subsections.
9
130 Subparagraphs 340(1)(b)(ii) and (c)(ii) and (1A)(b)(ii) and
10
(ba)(ii)
11
Omit "or office of a DRO".
12
131 Subparagraphs 340(1A)(d)(i), (ii) and (iii)
13
Omit ", pre-poll voting office or office of the DRO (as the case
14
requires)", substitute "or pre-poll voting office (as the case requires)".
15
132 Paragraph 340(2)(a)
16
Omit ", pre-poll voting office or office of a DRO", substitute "or
17
pre-poll voting office".
18
133 Subsection 340(2)
19
Omit ", pre-poll voting office or office of the DRO (as the case
20
requires)" (wherever occurring), substitute "or pre-poll voting office (as
21
the case requires)".
22
134 Paragraph 348(4)(c)
23
Repeal the paragraph, substitute:
24
(c) in the case of premises at which an application may be made
25
for a pre-poll vote--any pre-poll voting officer at those
26
premises.
27
135 Subparagraph 351(1)(b)(i)
28
Omit "opposite", substitute "corresponding with".
29
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27
136 Subsection 361(1)
1
Omit "(1) The", substitute "The".
2
137 Subsection 361(2)
3
Repeal the subsection.
4
138 Subsection 382(1) (paragraph (b) of the definition of
5
enrolment-related claim or notice
)
6
Omit "section 184A;", substitute "section 184A.".
7
139 Subsection 382(1) (paragraph (c) of the definition of
8
enrolment-related claim or notice
)
9
Repeal the paragraph.
10
140 Subsection 391(1)
11
Repeal the subsection, substitute:
12
(1) A claim for enrolment (including a provisional claim for
13
enrolment) or transfer of enrolment under this Act may, with the
14
approval of the Electoral Commissioner, be destroyed if a record of
15
the particulars contained in the claim is made and kept in any
16
permanent form approved, in writing, by the Electoral
17
Commissioner.
18
141 Schedule 1 (Form E)
19
Repeal the form, substitute:
20
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Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
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Note:
See section 209.
FORM E
(1) Here, or below the square, insert name of a candidate.
(2) Here insert name of a registered political party or composite name of registered political parties if to be printed.
(3) Here, or below the square, insert the name of a registered political party if to be printed.
(4) Here, or below the square, insert name of a registered political party or word 'Independent' if to be printed.
(5) Here insert name of State or Territory and year of election.
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29
(6) Here insert number of vacancies.
(7) Here insert the logo of a registered political party if to be printed.
* If the ballot paper has 6 or fewer squares above the line, replace the instruction with "By numbering these boxes in the order of your choice (with number 1 as your
first choice)".
** If the ballot paper has 12 or fewer squares below the line, replace the instruction with "By numbering these boxes in the order of your choice (with number 1 as your
first choice)".
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142 Paragraph 6(d) of Schedule 3
1
Repeal the paragraph.
2
Referendum (Machinery Provisions) Act 1984
3
143 Subsection 3(1) (definition of
Antarctic elector
)
4
Repeal the definition, substitute:
5
Antarctic elector
means an elector who is, in the course of the
6
elector's employment:
7
(a) in Antarctica; or
8
(b) on a ship at sea in transit to or from
Antarctica.
9
144 Subsection 3(1)
10
Repeal the following definitions:
11
(a) the definition of
Antarctic Returning Officer
;
12
(b) the definition of
Assistant Antarctic Returning Officer
.
13
145 Subsection 3(1) (definition of
officer
)
14
Omit "an Antarctic Returning Officer, an Assistant Antarctic Returning
15
Officer,".
16
146 Subsection 3(1)
17
Repeal the following definitions:
18
(a) the definition of
research personnel
;
19
(b) the definition of
station
.
20
147 Subsections 3(6) and (7)
21
Repeal the subsections.
22
148 At the end of Part I
23
Add:
24
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31
6A AEC staff may act as Divisional Returning Officers or Assistant
1
Divisional Returning Officers
2
(1) The Electoral Commissioner may, in writing, authorise one or
3
more persons who are members of the staff of the Electoral
4
Commission to exercise or perform:
5
(a) in relation to one or more specified Divisions, powers,
6
functions or duties that are conferred on a Divisional
7
Returning Officer for those Divisions; or
8
(b) in relation to one or more specified Subdivisions, powers,
9
functions or duties that are conferred on an Assistant
10
Divisional Returning Officer for those Subdivisions.
11
(2) An authorisation:
12
(a) may be made subject to conditions or limitations specified in
13
the authorisation; and
14
(b) does not limit the power of a Divisional Returning Officer or
15
Assistant Divisional Returning Officer (as the case requires)
16
to act in any matter.
17
Effect of authorisation relating to DROs
18
(3) If an authorisation is given in relation to the powers, functions or
19
duties of a Divisional Returning Officer for a specified Division:
20
(a) the person authorised in relation to the Division may exercise
21
or perform any power, function or duty of a Divisional
22
Returning Officer for the Division, subject to:
23
(i) any condition or limitation under paragraph (2)(a); and
24
(ii) any direction of a Divisional Returning Officer for the
25
Division; and
26
(b) a reference to a Divisional Returning Officer or DRO in this
27
Act is taken to include a reference to the person.
28
Effect of authorisation relating to Assistant Divisional Returning
29
Officers
30
(4) If an authorisation is given in relation to the powers, functions or
31
duties of an Assistant Divisional Returning Officer for a specified
32
Subdivision:
33
(a) the person authorised in relation to the Subdivision may
34
exercise or perform any power, function or duty of an
35
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Assistant Divisional Returning Officer for the Subdivision,
1
subject to:
2
(i) any condition or limitation under paragraph (2)(a); and
3
(ii) any direction of an Assistant Divisional Returning
4
Officer for the Subdivision, or of a Divisional Returning
5
Officer for the Division in which the Subdivision is
6
situated; and
7
(b) a reference to an Assistant Divisional Returning Officer in
8
this Act is taken to include a reference to the person.
9
Note:
As a result of subsection 6(4), the person authorised may also exercise
10
or perform, in relation to the Subdivision, any power, function or duty
11
of the Divisional Returning Officer for the Division in which the
12
Subdivision is situated.
13
149 Paragraphs 16A(2)(h) and (j)
14
Repeal the paragraphs.
15
150 Section 16B
16
Repeal the section.
17
151 Section 20
18
Omit "booths shall", substitute "booths must".
19
152 Section 20
20
Omit "shall be furnished with a pencil for the use of voters", substitute
21
"must have an implement or method for voters to mark their
22
ballot-papers".
23
153 Paragraph 25(3)(a)
24
Omit "an officer", substitute "a presiding officer or polling official".
25
154 After section 25A
26
Insert:
27
25B Administrative markings
28
(1) The Electoral Commissioner may also provide for a ballot-paper to
29
be marked with any other mark that the Electoral Commissioner
30
thinks fit to assist in the administration of the referendum.
31
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33
(2) A mark under subsection (1) does not need to be printed in black
1
typeface.
2
(3) To avoid doubt, this section does not authorise a mark to be made
3
that enables the identification of an elector or that identifies the
4
personal information (within the meaning of the
Privacy Act 1988
)
5
of an elector.
6
Note:
An officer who marks a ballot paper enabling an elector to be
7
identified may commit an offence under subsection 93(7).
8
155 Subsection 26(1)
9
Omit "officer shall", substitute "officer or polling official must".
10
156 Subsection 30(1)
11
Repeal the subsection, substitute:
12
(1) The presiding officer or a polling official must put to each person
13
attending before the officer or official, and claiming to vote in a
14
referendum or referendums (as the case requires), questions in
15
order to ascertain:
16
(a) the person's full name; and
17
(b) the person's place of living; and
18
(c) whether the person has voted before at the referendum or
19
referendums (as the case requires).
20
157 Subsection 30(2)
21
Omit "the presiding officer shall", substitute "the officer or official
22
must".
23
158 Subsection 30(4)
24
Omit "in paragraphs (1)(a) and (b) do not satisfy the presiding officer",
25
substitute "under subsection (1) do not satisfy the officer or official".
26
159 Subsection 30(4)
27
After "the officer", insert "or official".
28
160 Subsection 30(5)
29
Repeal the subsection, substitute:
30
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 2
Amendments commencing on Proclamation
34
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
(5) A person's claim to vote at a referendum must (subject to
1
section 37) be rejected if:
2
(a) questions are put to the person under subsection (1) and the
3
person:
4
(i) refuses to answer fully any of the questions; or
5
(ii) answers a question so as to indicate that the person has
6
voted before in the relevant referendum or referendums
7
(as the case requires); and
8
(b) the presiding officer is satisfied that subparagraph (a)(i) or
9
(ii) applies in relation to the person.
10
Note:
Section 37 deals with provisional votes.
11
161 Subsections 31(2) and (3)
12
Repeal the subsections, substitute:
13
(2) If the presiding officer or a polling official accepts under
14
subsection (1) the answers by a person as sufficient to enable the
15
person to vote at a referendum, the officer or official may, if the
16
officer or official thinks fit, put to the person questions in order to
17
ascertain whether the person has voted before in the referendum or
18
referendums.
19
(3) If the person answers so as to indicate that the person has voted
20
before in the referendum or referendums or does not answer, the
21
person's claim to vote must be rejected if the presiding officer is
22
satisfied that this subsection applies.
23
162 Subsection 32(1)
24
After "presiding officer,", insert "a polling official,".
25
163 Subsection 33(1)
26
Omit "by the presiding officer", substitute "by the officer or official".
27
164 Subsection 33(2)
28
After "A presiding officer", insert "or polling official".
29
165 Subsection 34(1)
30
Omit "Immediately after handing a ballot paper", substitute "If a ballot
31
paper has been, or is to be, given".
32
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing on Proclamation
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
35
166 Paragraph 34(1)(b)
1
After "the person has been", insert ", or is to be,".
2
167 Subsection 34(2)
3
Omit "at a polling place shall", substitute "or a polling official at a
4
polling place must".
5
168 Subsection 34(2)
6
Omit "and shall", substitute "and must".
7
169 Subsection 36(2)
8
After "presiding officer", insert "or a polling official".
9
170 Paragraph 36(2)(a)
10
Repeal the paragraph, substitute:
11
(a) another person who is either the presiding officer or a polling
12
official; or
13
171 Subsection 36(3)
14
After "presiding officer" (first occurring), insert "or polling official".
15
172 Subsection 36(3)
16
Omit "presiding officer" (second and third occurring), substitute
17
"officer or official".
18
173 Subsection 36(4)
19
After "presiding officer", insert "or a polling official".
20
174 Paragraph 36(4)(d)
21
Before "a polling official", insert "another person who is either the
22
presiding officer or".
23
175 Paragraph 36A(3)(a)
24
Before "a polling official", insert "the presiding officer or".
25
176 Paragraph 36A(3)(b)
26
Omit "the polling official", substitute "the officer or official".
27
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 2
Amendments commencing on Proclamation
36
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
177 Subsection 36A(4)
1
Before "polling official", insert "presiding officer or".
2
178 Subsection 36A(5)
3
Omit "allow a polling official to mark and fold", substitute "mark and
4
fold, or allow a polling official to mark and fold,".
5
179 Subsection 36A(6)
6
Omit "polling official how the voter wishes the polling official",
7
substitute "presiding officer or polling official how the voter wishes the
8
officer or official".
9
180 Subsection 36A(7)
10
Before "polling official", insert "presiding officer or".
11
181 Subsection 36A(8)
12
Before "polling official" (first occurring), insert "presiding officer or".
13
182 Paragraph 36A(8)(d)
14
Before "a polling official", insert "another person who is either the
15
presiding officer or".
16
183 Paragraph 37(1)(c)
17
After "presiding officer", insert "or a polling official".
18
184 Subparagraph 37(1)(c)(ii)
19
After "officer", insert "or official".
20
185 Subsection 37(3)
21
After "presence of", insert "the presiding officer or".
22
186 Subsection 37(4)
23
After "The", insert "presiding officer or".
24
187 Subsection 37(5)
25
After "the person,", insert "the presiding officer or".
26
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing on Proclamation
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
37
188 Subsections 37(6) and (7)
1
Before "polling official", insert "presiding officer or".
2
189 Subsection 41(1)
3
Omit "at the polling booth at which the person is voting, or a voting
4
officer within the meaning of Division 3 of Part IVA,", substitute ", a
5
voting officer within the meaning of Division 3 of Part IVA, or a
6
polling official,".
7
190 Subsection 41(1)
8
Omit "presiding officer or voting officer", substitute "officer or
9
official".
10
191 Subsection 41(2)
11
After "officer" (wherever occurring), insert "or official".
12
192 Subsection 41(3)
13
After "officer", insert "or official".
14
193 Subsection 46(4)
15
After "presiding officer", insert "or a polling official".
16
194 Subsection 46(5)
17
After "presiding officer", insert "or polling official".
18
195 Subsection 46A(1)
19
After "the presiding officer", insert "or a polling official".
20
196 Subsection 46A(5A) (note)
21
Omit "16B", substitute "6A".
22
197 Subsection 61(1)
23
Omit "in accordance with whichever of subsections (2), (2A) and (2B)
24
of this section applies", substitute ", as provided under subsection (2)".
25
198 Subsections 61(2), (2A) and (2B)
26
Repeal the subsections (not including the note), substitute:
27
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 2
Amendments commencing on Proclamation
38
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
How material to be sent
1
(2) If the Electoral Commissioner or Assistant Returning Officer
2
receives the application for a postal vote at or before 6 pm on the
3
Wednesday that is 3 days before voting day in the referendum, the
4
material required by subsection (1) must be sent to the applicant by
5
a means that the Electoral Commissioner or Assistant Returning
6
Officer considers to be the most reasonable and practicable in the
7
circumstances.
8
199 Subsection 73AA(1A) (note)
9
Omit "or in the office of the DRO for the Division".
10
200 Paragraph 73A(1)(a)
11
Repeal the paragraph.
12
201 Subsection 73B(1)
13
Repeal the subsection.
14
202 Section 73CC (definition of
voting officer
)
15
Omit "a DRO, or a pre-poll voting officer,", substitute "a pre-poll
16
voting officer".
17
203 Paragraph 73CD(1)(b)
18
Omit "Division;", substitute "Division.".
19
204 Paragraph 73CD(1)(c)
20
Repeal the paragraph.
21
205 Section 73CE
22
Omit "There must be a pencil in each compartment for use by voters.",
23
substitute "Each compartment must have an implement or method for
24
voters to mark their ballot-papers.".
25
206 Subparagraph 73CG(2)(b)(ii)
26
Repeal the subparagraph, substitute:
27
(ii) answers a question under subsection 73CI(1) so as to
28
indicate that the person has voted before in the relevant
29
referendum or referendums (as the case requires); or
30
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing on Proclamation
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
39
207 Subsection 73CI(1)
1
Repeal the subsection, substitute:
2
(1) A voting officer must put to each person attending before the
3
voting officer, and claiming to vote in a referendum or
4
referendums (as the case requires), questions in order to ascertain:
5
(a) the person's full name; and
6
(b) the person's place of living; and
7
(c) whether the person has voted before in the referendum or
8
referendums (as the case requires).
9
208 Subsection 73CI(2)
10
Omit "in paragraphs (1)(a) and (b)", substitute "under subsection (1)".
11
209 Subsection 73CI(4)
12
Omit "the following question, namely, Have you already voted, either
13
here or elsewhere, at this referendum (or these referendums, as the case
14
requires)?", substitute "questions in order to ascertain whether the
15
person has voted before in the referendum or referendums (as the case
16
requires).".
17
210 Subsection 73CJ(3)
18
Omit "Immediately after giving the ballot-paper to the voter, the voting
19
officer", substitute "If a ballot-paper has been, or is to be, given to a
20
voter, a voting officer".
21
211 Paragraph 73CJ(3)(b)
22
After "has been", insert ", or is to be,".
23
212 Subsection 73F(1)
24
Repeal the subsection.
25
213 Paragraph 73F(2)(a)
26
Repeal the paragraph.
27
214 Subsection 73F(3)
28
Omit "made by a DRO under subsection (1) and records".
29
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 2
Amendments commencing on Proclamation
40
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
215 Part IVB (heading)
1
Repeal the heading, substitute:
2
Part IVB--Electronically assisted voting
3
216 After section 73L
4
Insert:
5
73LA Entitlement of Antarctic electors to vote
6
An Antarctic elector is entitled to vote in accordance with this Part.
7
217 Section 73M (heading)
8
Omit "
Regulations may provide
", substitute "
Providing
".
9
218 Subsection 73M(1)
10
Omit "sight-impaired people to vote by an electronically assisted voting
11
method", substitute "an electronically assisted voting method to be used
12
by sight-impaired people to vote".
13
219 After subsection 73M(1)
14
Insert:
15
(1A) The regulations must provide for an electronically assisted voting
16
method to be used by Antarctic electors to vote at referendums.
17
220 Subsection 73M(3)
18
Omit "the generality of subsection (1)", substitute "subsection (1) or
19
(1A)".
20
221 At the end of section 73M
21
Add:
22
(7) Without limiting subsection 33(3A) of the
Acts Interpretation Act
23
1901
, regulations made for the purposes of this Part may make
24
different provision in relation to sight-impaired persons and
25
Antarctic electors.
26
Amendments relating to gifts, voting and scrutiny processes
Schedule 1
Amendments commencing on Proclamation
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
41
222 Section 73QA (heading)
1
Omit "
used
", substitute "
used by sight-impaired persons
".
2
223 Subsection 73QA(1)
3
After "used", insert "by sight-impaired persons".
4
224 Part V
5
Repeal the Part.
6
225 Paragraph 93(1)(a)
7
After "a presiding officer", insert ", a polling official,".
8
226 Subsection 104(1)
9
Omit "(1) In hearing", substitute "In hearing".
10
227 Subsection 104(2)
11
Repeal the subsection.
12
228 Section 116
13
Omit ", except for the purposes of Part V,".
14
229 Subsection 118(1)
15
Omit "(1) A person who, being an officer other than an Antarctic
16
officer,", substitute "An officer who".
17
230 Subsections 118(2) and (3)
18
Repeal the subsections.
19
231 Subparagraphs 131(1)(b)(ii) and (c)(ii) and (1A)(b)(ii) and
20
(ba)(ii)
21
Omit "or office of a DRO".
22
232 Subparagraphs 131(1A)(d)(i), (ii) and (iii)
23
Omit ", pre-poll voting office or office of the DRO (as the case
24
requires)", substitute "or pre-poll voting office (as the case requires)".
25
Schedule 1
Amendments relating to gifts, voting and scrutiny processes
Part 2
Amendments commencing on Proclamation
42
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
233 Paragraph 131(2)(a)
1
Omit ", pre-poll voting office or office of a DRO", substitute "or
2
pre-poll voting office".
3
234 Subsection 131(2)
4
Omit ", pre-poll voting office or office of the DRO (as the case
5
requires)" (wherever occurring), substitute "or pre-poll voting office (as
6
the case requires)".
7
235 Paragraph 135(4)(c)
8
Repeal the paragraph, substitute:
9
(c) in the case of premises at which an application may be made
10
for a pre-poll vote--any pre-poll voting officer at those
11
premises.
12
236 Paragraph 6(d) of Schedule 4
13
Repeal the paragraph.
14
237 Application of this Part
15
The amendments of the
Commonwealth Electoral Act 1918
and the
16
Referendum (Machinery Provisions) Act 1984
made by this Part apply
17
on and after the commencement of this item.
18
Amendments relating to a Redistribution Committee for the Australian Capital Territory
Schedule 2
Amendments
Part 1
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
43
Schedule 2--Amendments relating to a
1
Redistribution Committee for the
2
Australian Capital Territory
3
Part 1--Amendments
4
Commonwealth Electoral Act 1918
5
1 Paragraph 60(7A)(b)
6
Repeal the paragraph, substitute:
7
(b) the reference in paragraph (2)(b) to "the Australian
8
Electoral Officer for the State" were a reference to "the
9
member of the staff of the Electoral Commission
10
appointed under subsection (7B)".
11
2 Subsection 60(7B)
12
Repeal the subsection, substitute:
13
(7B) For the purposes of a redistribution for the Australian Capital
14
Territory, the Electoral Commission must appoint, in writing, a
15
member of the staff of the Electoral Commission to act as a
16
member of the Redistribution Committee for that Territory.
17
3 Subsection 62(4)
18
Omit "the senior Divisional Returning Officer for the Territory shall
19
preside", substitute "the member of the Redistribution Committee
20
appointed under subsection 60(7B) is to preside".
21
4 At the end of subsection 64(1)
22
Add:
23
; and (c) stating that the suggestions and comments may be (but are
24
not required to be) lodged at an office specified in the notice.
25
5 Paragraph 64(3)(b)
26
Repeal the paragraph, substitute:
27
(b) in the case of a redistribution of the Australian Capital
28
Territory--the office specified in the notice under
29
subsection (1).
30
Schedule 2
Amendments relating to a Redistribution Committee for the Australian
Capital Territory
Part 1
Amendments
44
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
6 Paragraph 69(5)(b)
1
Repeal the paragraph, substitute:
2
(b) in the case of a redistribution of the Australian Capital
3
Territory--the office specified in the notice under
4
subsection 64(1).
5
7 Paragraph 76(16A)(c)
6
Repeal the paragraph, substitute:
7
(c) subsection (2) were omitted and the following subsection
8
substituted:
9
"(2) For the purposes of the redistribution, the Electoral Commissioner
10
and a member of the staff of the Electoral Commission appointed
11
under subsection 60(7B) are to be the Redistribution
12
Commissioners for the Australian Capital Territory.".
13
Amendments relating to a Redistribution Committee for the Australian Capital Territory
Schedule 2
Application and transitional provisions
Part 2
No. , 2020
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
45
Part 2--Application and transitional provisions
1
8 Application and transitional provisions
2
(1)
The amendments made by this Schedule to Part IV of the
3
Commonwealth Electoral Act 1918
apply in relation to:
4
(a) a redistribution for the Australian Capital Territory that
5
commences on or after the commencement of this Schedule;
6
and
7
(b) a redistribution for the Australian Capital Territory that has
8
commenced but has not been completed before the
9
commencement of this Schedule (a
pre-commencement
10
redistribution for the Australian Capital Territory
).
11
(2)
The amendments made by this Schedule do not affect anything done
12
before the commencement of this Schedule under Part IV of the
13
Commonwealth Electoral Act 1918
in relation to a pre-commencement
14
redistribution for the Australian Capital Territory.
15
(3)
A person nominated under subsection 60(7B) of the
Commonwealth
16
Electoral Act 1918
on or after the commencement of this Schedule for a
17
pre-commencement redistribution for the Australian Capital Territory
18
becomes a member of the Redistribution Committee for the Australian
19
Capital Territory at the time that the nomination is made.
20