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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral Legislation Amendment
(Lowering the Voting Age) Bill 2023
No. , 2023
(Mr Bates)
A Bill for an Act to amend the law relating to
elections and referendums, and for related
purposes
No. , 2023
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
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
6
No. , 2023
Electoral Legislation Amendment (Lowering the Voting Age) Bill
2023
1
A Bill for an Act to amend the law relating to
1
elections and referendums, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Electoral Legislation Amendment (Lowering the
6
Voting Age) Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
No. , 2023
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2023
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(3)
4
Omit "age 16", substitute "age 14".
5
2 Paragraph 55(2)(b)
6
Omit "18", substitute "16".
7
3 Subsection 90B(10) (subparagraph (g)(iii) of the definition
8
of additional information)
9
Omit "18", substitute "16".
10
4 Paragraph 93(1)(a)
11
Omit "18", substitute "16".
12
5 Paragraph 93(3)(b)
13
Omit "18", substitute "16".
14
6 Subsection 93(4)
15
Omit "18", substitute "16".
16
7 Paragraphs 95(1)(c) and (f)
17
Omit "18", substitute "16".
18
8 Paragraphs 95(6)(a) and (b)
19
Omit "18", substitute "16".
20
9 Subsection 95(7)
21
Omit "18", substitute "16".
22
10 Paragraph 95(8)(a)
23
Omit "18", substitute "16".
24
Schedule 1
Amendments
4
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
No. , 2023
11 Paragraph 95(13)(e)
1
Omit "18", substitute "16".
2
12 Subsection 98(1)
3
Omit "16", substitute "14".
4
13 Subsection 98(3)
5
Omit "16", substitute "14".
6
14 At the end of section 98
7
Add:
8
(6) A provisional vote cast under section 235 by a person who is
9
entitled to enrolment, but is not currently enrolled, qualifies as a
10
claim to enrolment under this section.
11
15 Section 100 (heading)
12
Omit "
16
", substitute "
14
".
13
16 Paragraph 100(1)(a)
14
Omit "16, but is under 18,", substitute "14, but is under 16,".
15
17 Paragraph 100(1)(b)
16
Omit "18", substitute "16".
17
18 Subsection 100(2)
18
Omit "18", substitute "16".
19
19 Subsection 101(6A)
20
Omit "18", substitute "16".
21
20 After subsection 102(5)
22
Insert:
23
(5A) If a claim under subsection 101 is made on the polling day for an
24
election, then, despite subsection (4) of this section:
25
(a) the claim must be regarded as having been received before
26
the start of the suspension period; and
27
Amendments
Schedule 1
No. , 2023
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
5
(b) if the claimant's name is entered on the Roll in accordance
1
with the claim, the enrolment must, in relation to any vote
2
recorded by the claimant in an election, be regarded as
3
having been effected before the start of the suspension
4
period.
5
21 Paragraph 108(a)
6
Omit "16", substitute "14".
7
22 Subsection 120(2) (table item 4)
8
Omit "16", substitute "14".
9
23 Paragraph 121(1)(c)
10
Omit "16", substitute "14".
11
24 Paragraph 208(2)(b)
12
Omit "18", substitute "16".
13
25 Paragraph 221(3)(a)
14
Omit "18", substitute "16".
15
26 At the end of subsection 235(1)
16
Add:
17
; or (f) the person makes a claim for enrolment on the polling day of
18
an election.
19
27 After subsection 235(3)
20
Insert:
21
(3A) A person mentioned in paragraph (1)(f) must present to the polling
22
official:
23
(a) a claim for enrolment in accordance with section 101; and
24
(b) any of the following evidence as to the person's identity:
25
(i) if the person holds a driver's licence issued under the
26
law of a State or Territory, or a law in force in Norfolk
27
Island--that driver's licence;
28
(ii) if the person holds an Australian passport--that
29
Australian passport;
30
Schedule 1
Amendments
6
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
No. , 2023
(iii) an attestation as to the person's identity that is in the
1
approved form and signed by another person who is
2
enrolled;
3
(iv) any other evidence of the person's identity that is of a
4
kind prescribed by the regulations for the purpose of
5
this paragraph.
6
28 At the end of subsection 245(4)(d)
7
Add:
8
; or (e) was 16 or 17 years of age on the day of the election.
9
29 Section 342
10
Omit "16", substitute "14".
11
30 Subsection 343(1)
12
Omit "16", substitute "14".
13
Referendum (Machinery Provisions) Act 1984
14
31 Paragraph 22(2)(b)
15
Omit "18", substitute "16".
16
32 At the end of subsection 37(1)
17
Add:
18
; or (f) the person makes a claim for enrolment on the voting day for
19
a referendum.
20
33 After subsection 37(3)
21
Insert:
22
(3A) A person mentioned in paragraph (1)(f) must present to the polling
23
official:
24
(a) a claim for enrolment in accordance with section 101 of the
25
Commonwealth Electoral Act 1918
; and
26
(b) any of the following evidence as to the person's identity:
27
(i) if the person holds a driver's licence issued under the
28
law of a State or Territory, or a law in force in Norfolk
29
Island--that driver's licence;
30
Amendments
Schedule 1
No. , 2023
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
7
(ii) if the person holds an Australian passport--that
1
Australian passport;
2
(iii) an attestation as to the person's identity that is in the
3
approved form and signed by another person who is
4
enrolled;
5
(iv) any other evidence of the person's identity that is of a
6
kind prescribed by the regulations for the purpose of
7
this paragraph.
8
34 At the end of subsection 45(4)
9
Add:
10
; or (e) was 16 or 17 years of age on the voting day of the
11
referendum.
12