Commonwealth Numbered Acts

ELECTORAL AND REFERENDUM AMENDMENT (PROVISIONAL VOTING) ACT 2011 (NO. 37, 2011) - SCHEDULE 1

Part 1 -- Amendments

Commonwealth Electoral Act 1918

1  Subsections 235(1B), (9) and (10)

Repeal the subsections.

2  After paragraph 3 of Schedule 3

Insert:

           3A.  For each envelope in relation to which the following paragraphs are satisfied:

                     (a)  the envelope purports to contain a provisional vote ballot paper;

                     (b)  the DRO has reason to doubt that the signature on the envelope that purports to be the elector's signature is the elector's signature;

the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.

3  Subparagraph 6(ca) of Schedule 3

Repeal the subparagraph, substitute:

                    (ca)  in the case of an envelope purporting to contain a provisional vote ballot paper and in relation to which paragraph 3A applies--that the signature on the envelope is that of the elector; and

Referendum (Machinery Provisions) Act 1984

4  Subsections 37(1B), (9) and (10)

Repeal the subsections.

5  After paragraph 3 of Schedule 4

Insert:

           3A.  For each envelope in relation to which the following paragraphs are satisfied:

                     (a)  the envelope purports to contain a provisional vote ballot-paper;

                     (b)  the DRO has reason to doubt that the signature on the envelope that purports to be the elector's signature is the elector's signature;

the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the referendum, to require the elector to provide evidence of his or her identity by the first Friday following the voting day for that referendum.

6  Subparagraph 6(ca) of Schedule 4

Repeal the subparagraph, substitute:

                    (ca)  in the case of an envelope purporting to contain a provisional vote ballot-paper and in relation to which paragraph 3A applies--that the signature on the envelope is that of the elector; and

Part 2 -- Application of amendments

7  Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.