Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral Legislation Amendment
(Counting, Scrutiny and Operational
Efficiencies) Bill 2021
No. , 2021
(Finance)
A Bill for an Act to amend the law relating to
elections in respect of pre-poll matters, handling
and scrutiny of ballot papers, and the streamlining
of authorisation requirements
No. , 2021
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2021
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
1
A Bill for an Act to amend the law relating to
1
elections in respect of pre-poll matters, handling
2
and scrutiny of ballot papers, and the streamlining
3
of authorisation requirements
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Electoral Legislation Amendment (Counting,
7
Scrutiny and Operational Efficiencies) Act 2021
.
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 (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
No. , 2021
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repealed as set out in the applicable items in the Schedule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. , 2021
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Section 188A
4
Repeal the section.
5
2 Paragraph 194(1A)(a)
6
Repeal the paragraph, substitute:
7
(a) a signed and dated statement by the person setting out why
8
the person was unable to comply with those requirements:
9
(i) accompanies the postal vote; or
10
(ii) is produced by the person in the approved form; or
11
(iii) is given in writing by the person; and
12
3 Paragraph 194(1A)(c)
13
Repeal the paragraph, substitute:
14
(c) if subparagraph (a)(i) applies--the postal vote is
15
accompanied by a photocopy, that is certified by the person
16
to be a true copy, of a part of the person's passport that
17
includes the details set out in subsection (1B); and
18
(d) if subparagraph (a)(ii) or (iii) applies--a copy of a part of the
19
person's passport that includes the details set out in
20
subsection (1B) is produced in the approved form, or given in
21
writing, by the person.
22
4 After subsection 194(1A)
23
Insert:
24
(1B) For the purposes of paragraphs (1A)(c) and (d), the details of the
25
part of the person's passport are the following:
26
(a) the country and date of issue; and
27
(b) the number of the passport; and
28
(c) the person's name, date of birth and signature; and
29
(d) a photograph of the person.
30
Schedule 1
Amendments
4
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
No. , 2021
(1C) The following provisions of the
Electronic Transactions Act 1999
1
apply in relation to subparagraphs (1A)(a)(ii) and (iii) and
2
paragraph (1A)(d) of this section despite any regulations in force
3
for the purposes of subsection 7A(2) of that Act:
4
(a) subsection 8(1);
5
(b) Division 2 of Part 2;
6
(c) sections 14, 14A, 14B and 15.
7
To avoid doubt, this subsection does not affect the operation of that
8
Act, including as affected by any such regulations, in relation to
9
any other provision of this Act.
10
5 At the end of section 200
11
Add:
12
(3) A postal vote received in an envelope (an
outer envelope
) that also
13
contains an envelope bearing a postal vote certificate is not to be
14
rejected because the postal vote is not inside the envelope bearing
15
the postal vote certificate.
16
(4) For the purposes of this Act, the outer envelope is to be dealt with
17
as if it were an envelope:
18
(a) bearing a postal vote certificate; and
19
(b) purporting to contain a postal ballot paper or postal vote.
20
(5) However, despite subsection (4), the following provisions apply
21
only in relation to the envelope bearing the postal vote certificate:
22
(a) paragraphs 195A(2)(c), (d) and (e);
23
(b) section 196;
24
(c) paragraph 6 of Schedule 3.
25
6 After subsection 200BA(1)
26
Insert:
27
(1AA) The day, or the earliest of the days, declared under
28
paragraph (1)(b) must not be earlier than the day that is 12 days
29
before polling day in the election.
30
(1AB) A day or days declared under paragraph (1)(b) must not be a public
31
holiday in the State or Territory in which the place to which the
32
declaration relates is located.
33
Amendments
Schedule 1
No. , 2021
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
5
7 Subsections 200D(4) and (5)
1
Repeal the subsections.
2
8 Paragraph 200F(b)
3
Repeal the paragraph.
4
9 After subsection 218(2A)
5
Insert:
6
(2B) A scrutineer commits an offence if:
7
(a) the actions mentioned in subsection 274(2AA) (early opening
8
and sorting of pre-poll ballot papers) are taken, in accordance
9
with that subsection, at a counting centre before the closing
10
of the poll for a House of Representatives election; and
11
(b) the scrutineer is present while those actions are taken; and
12
(c) the scrutineer discloses or communicates information that
13
relates to those actions to persons outside the counting
14
centre; and
15
(d) the disclosure or communication is made before the closing
16
of the poll.
17
Note:
See also section 323 (officers and scrutineers to observe secrecy).
18
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
19
10 Subsection 218(3)
20
After "from the polling booth", insert "or counting centre (as
21
applicable)".
22
11 At the end of section 218
23
Add:
24
(4) In this section,
counting centre
means premises being used for the
25
purposes of the scrutiny of ballot papers.
26
12 Subsection 227(11)
27
Repeal the subsection.
28
Schedule 1
Amendments
6
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
No. , 2021
13 Subsection 238(4)
1
Omit "sealed up in a parcel which shall be", substitute "bundled up
2
and".
3
14 Subsection 238A(3)
4
Repeal the subsection, substitute:
5
(3) The envelopes containing discarded ballot papers that have been
6
cancelled under this section must be bundled up and given to the
7
Divisional Returning Officer for the Division after the close of the
8
poll.
9
15 After subsection 264(2)
10
Insert:
11
(2A) For the purposes of subsection (2), if scrutiny is being conducted at
12
a counting centre by using a computer as mentioned in
13
section 273A (computerised scrutiny of votes in Senate election),
14
the number of officers who are engaged in the scrutiny or counting
15
of ballot papers at the centre is taken to include the number of
16
persons performing the function of second tier data entry operator
17
conducting exception checks at the centre.
18
16 At the end of paragraph 265(1)(a)
19
Add "(subject to subsection 274(2AA))".
20
17 After paragraph 274(2)(ab)
21
Insert:
22
(ac) for a pre-poll ordinary ballot-box being dealt with before the
23
close of the poll in accordance with subsection (2AA)--
24
unfold the ballot papers and sort them into groups as follows:
25
(i) a group for each candidate for whom a ballot paper
26
indicates a first preference;
27
(ii) a group for informal votes;
28
18 After subsection 274(2)
29
Insert:
30
Amendments
Schedule 1
No. , 2021
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
7
(2AA) The actions set out in paragraphs (2)(a), (aa), (ab) and (ac) may be
1
taken in relation to a pre-poll ordinary ballot-box after 4 pm on
2
polling day. A scrutineer present while the actions are being taken
3
is not entitled to object to a ballot paper before the closing of the
4
poll, but may after the closing make any objections as if the
5
ballot-box had not been dealt with under this subsection.
6
Note:
The actions set out in paragraphs (2)(a), (aa), (ab) and (ac) do not
7
including counting (see paragraph (2)(b)).
8
19 Subsection 321D(5) (table item
1, column headed "the
9
following particulars are re
quired ... ")
10
Repeal paragraphs (c), (d) and (e), substitute:
11
(c) the name of the natural person responsible for giving effect to the authorisation
12
20 Subsection 321D(5) (table item
3, column headed "the
13
following particulars are required ... ")
14
Repeal paragraphs (b), (c) and (d), substitute:
15
(b) the address of the person
16
21 Subsection 321D(5) (table item
5, column headed "the
17
following particulars are required ... ")
18
Repeal paragraphs (b), (c) and (d), substitute:
19
(b) the address of the entity
20
22 Subsection 321D(5) (table item
7, column headed "the
21
following particulars are required ... ")
22
Repeal paragraphs (b), (c) and (d), substitute:
23
(b) the address of the person
24
23 Paragraphs 385A(b) and (c)
25
Repeal the paragraphs, substitute:
26
(b) a communication of electoral matter that includes a statement
27
that it was authorised by a specified person is admissible as
28
evidence of that fact.
29
24 Paragraph 17 of Schedule 3
30
Omit "after the close of the poll for the Division,".
31
Schedule 1
Amendments
8
Electoral Legislation Amendment (Counting, Scrutiny and Operational
Efficiencies) Bill 2021
No. , 2021
25 Paragraph 17 of Schedule 3
1
Omit "unfolding or".
2
26 After paragraph 17 of Schedule 3
3
17A. The DRO:
4
(a) may withdraw the ballot papers in accordance with
5
paragraph 17 at any time on or after the day that is 5 days
6
before polling day; and
7
(b) if the DRO has not withdrawn the ballot papers in accordance
8
with paragraph 17 by the close of the poll--must do so after
9
the close of the poll.
10