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This is a Bill, not an Act. For current law, see the Acts databases.

ELECTORAL AND REFERENDUM AMENDMENT BILL (NO. 2) 1998

1998

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Electoral and Referendum Amendment Bill (No. 2) 1998

No. , 1998

(Finance and Administration)



A Bill for an Act to amend the law relating to elections and referendums




ISBN: 0642 378444

Contents

Commonwealth Electoral Act 1918 3

Referendum (Machinery Provisions) Act 1984 11

A Bill for an Act to amend the law relating to elections and referendums

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Electoral and Referendum Amendment Act (No. 2) 1998.

2 Commencement

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 18, 29, 36, 49, 59 and 69 commence on the 28th day after the day on which this Act receives the Royal Assent.

(3) Items 13, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26 and 27 commence on a date to be fixed by Proclamation.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4 Application of amendments relating to donations

The amendments made by items 44, 45 and 46 apply to the financial year in which this Act receives the Royal Assent, and to all subsequent financial years.

Schedule 1—Amendments


Commonwealth Electoral Act 1918

1 After subsection 91(9B)

Insert:

(9C) A tape or disk containing information that discloses particulars of the dates of birth, or salutations, of electors may be provided by the Electoral Commission to:

(a) a member of the House of Representatives or a Senator; or

(b) a registered political party.

2 Subsection 91A(1)

Omit “or (9B)”, substitute “, (9B) or (9C)”.

3 Subsection 91A(1) (penalty)

Omit “$1,000”, substitute “100 penalty units”.

4 Subsection 91A(1AA) (penalty)

Omit “10 penalty units”, substitute “100 penalty units”.

5 After paragraph 91A(1A)(a)

Insert:

(aa) research regarding electoral matters; and

6 At the end of paragraph 91A(2)(a)

Add “and”.

7 After paragraph 91A(2)(a)

Insert:

(aa) research regarding electoral matters; and

8 Subsection 91B(2) (penalty)

Omit “$1,000”, substitute “100 penalty units”.

9 Subsection 91B(3) (penalty)

Omit “$1,000”, substitute “100 penalty units”.

10 Paragraph 93(8)(b)

Omit “of 5 years or longer”, substitute “of imprisonment”.

11 Subsection 94A(4)

Repeal the subsection, substitute:

(4) If the application is received by an Australian Electoral Officer:

(a) after the time of issue of a writ for an election for the Division to which the application relates; and

(b) during the postponement period;

no name may be placed on any Roll, or deleted from any Roll, as a result of the application, until after the end of the postponement period. For this purpose, the postponement period is:

(c) if the Australian Electoral Officer is satisfied that the applicant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls close and ending on the close of polling at the election; and

(d) in any other case—the period commencing at 6 pm on the date of the writ and ending on the close of polling at the election.

12 Subsection 95(4)

Omit “8 p.m. on the day of the close of the Rolls”, substitute “6 pm on the date of the writ”.

13 Section 95AA (paragraph (b) of the definition of qualified Norfolk Islander)

Omit “and had so lived for a period of one month last past”.

14 Subsection 96(4)

Repeal the subsection, substitute:

(4) If an application under this section is received by an Australian Electoral Officer:

(a) after the time of issue of a writ for an election for the Division to which the application relates; and

(b) during the postponement period;

the name of the applicant must not be added to the Roll, and the annotation of the Roll under subsection (2B) must not be made, until after the end of the postponement period. For this purpose, the postponement period is:

(c) if the Australian Electoral Officer is satisfied that the applicant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls close and ending on the close of polling at the election; and

(d) in any other case—the period commencing at 6 pm on the date of the writ and ending on the close of polling at the election.

15 Paragraph 96(7)(a)

Repeal the paragraph.

16 Subsection 96(7)

Omit “(a),”.

17 Subsection 96(8)

Repeal the subsection, substitute:

(8) Subject to subsection (9), a person ceases to be eligible to be treated as an itinerant elector under this section as soon as the person becomes entitled to be enrolled for a Subdivision.

18 Section 96A

Repeal the section.

19 Paragraph 98(2)(c)

Omit “or a person entitled to enrolment”, substitute “in a class of electors prescribed by the regulations”.

20 After subsection 98(2)

Insert:

(2A) The identity of the person making a claim must be verified in the manner prescribed by the regulations, unless the DRO is satisfied that the person has previously been an elector.

(2B) The requirement in subsection (2A) does not apply unless regulations are in operation for the purposes of that subsection.

(2C) If a claim is made by a person who claims to be an Australian citizen because of the grant of a certificate of citizenship under the Australian Citizenship Act 1948, the person’s Australian citizenship must be verified in the manner prescribed by the regulations.

(2D) The requirement in subsection (2C) does not apply unless regulations are in operation for the purposes of that subsection.

21 Subsection 99(1)

Omit “, and has so lived for a period of one month last past”.

22 Subsection 99(2)

Omit “, and has so lived for a period of one month last past,”.

23 Subsection 99(5)

Omit “has not in fact lived in the Subdivision for a period of one month”, substitute “was not living in the Subdivision at the time of making a claim for enrolment”.

24 After section 99

Insert:

99AA Additional method of lodging claims for enrolment

(1) In addition to any other method allowed by this Act, a claim for enrolment may be made by lodging it by hand with a prescribed person.

(2) If a claim for enrolment is lodged by hand with a prescribed person, then a reference in subsection 96(4) or 102(4) to the time when the claim was received is to be treated as a reference to the time when it was lodged with the prescribed person.

(3) In this section:

claim for enrolment means a claim or application for enrolment or for transfer of enrolment under section 96, 100 or 101.

25 Subsection 99A(2)

Repeal the subsection, substitute:

(2) If:

(a) a person has made a provisional claim for enrolment for a subdivision (either under subsection (1) or under this subsection); and

(b) the person is living in another subdivision;

the person may make a provisional claim for enrolment for that other subdivision.

26 Subsection 101(4)

Omit “21 days”, substitute “1 month”.

27 Subsection 101(5)

Omit “21 days”, substitute “1 month”.

28 Subsection 102(4)

Repeal the subsection, substitute:

(4) If a claim by a person under section 101 is received:

(a) after the time of issue of a writ for an election for the Division to which the claim relates; and

(b) during the postponement period;

then no name may be placed on any Roll, or deleted from any Roll, as a result of the claim, until after the end of the postponement period. For this purpose, the postponement period is:

(c) if the DRO is satisfied that the claimant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls close and ending on the close of polling at the election; and

(d) in any other case—the period commencing at 6 pm on the date of the writ and ending on the close of polling at the election.

29 Section 109

Omit “of 5 years or longer”, substitute “of imprisonment”.

30 Section 155

Omit “7 days”, substitute “3 working days”.

31 At the end of section 155

Add:

(2) In this section:

working day means any day except:

(a) Saturday or Sunday; or

(b) a day that is a public holiday in any State or Territory.

32 At the end of paragraph 226(4)(a)

Add “and”.

33 At the end of paragraph 226(4)(b)

Add “and”.

34 Paragraph 226(4)(c)

Omit “and”.

35 Paragraph 226(4)(d)

Repeal the paragraph.

36 Section 226A

Repeal the section.

37 Subsection 234(1)

Repeal the subsection.

38 Subsection 234(1A)

Omit “subsection (1)”, substitute “subsection (2)”.

39 Subsection 234(2)

Repeal the subsection, substitute:

(2) If any voter satisfies the presiding officer that:

(a) the voter’s sight is so impaired that the voter is unable to vote without assistance; or

(b) the voter is so physically incapacitated or illiterate that the voter is unable to vote without assistance;

then the presiding officer must mark, fold, and deposit the voter’s ballot-paper, in the presence of:

(c) such scrutineers as are present and such person (if any) as has been appointed by the voter; or

(d) a polling official, if no person has been appointed by the voter and no scrutineers are present.

40 Subsection 234(4)

Omit “subsection (1)”, substitute “subsection (2)”.

41 Section 258

Omit “Sections 233 and 234 apply”, substitute “Section 233 applies”.

Note: The heading to section 258 is altered by omitting “sections 233 and 234” and substituting “section 233”.

42 Paragraph 258(a)

Omit “those sections”, substitute “that section”.

43 Subsection 266(1)

Omit “After the close of the poll”, substitute “At any time on or after the last Monday before the close of the poll”.

44 Subsection 305B(1)

Omit “$1,500”, substitute “$10,000”.

45 Subsection 314AC(1)

Omit “$1,500”, substitute “$5,000”.

46 Subsection 314AC(2)

Omit “$500”, substitute “$1,500”.

47 Section 332

Repeal the section.

48 After section 365

Insert:

365A Election not affected by failure of delivery arrangement

(1) This section applies if a DRO or Assistant Returning Officer, under section 188, arranges for delivery of a certificate and ballot-paper instead of posting them.

(2) The Court of Disputed Returns must not:

(a) declare that a person returned as elected was not duly elected; or

(b) declare an election void;

on the ground of a failure of the arrangement for delivery.

(3) This section is not intended to imply anything about the effect of a failed delivery by post.

49 Clause 9 of Schedule 2

Omit “serving a sentence of imprisonment or otherwise under detention”, substitute “under detention, but not serving a sentence of imprisonment”.

50 After paragraph 7 of Schedule 3

Insert:

7A. Where an envelope purporting to contain a postal ballot-paper does not bear a legible postmark and the signature of the witness bears a date after polling day, the vote marked on the ballot-paper must be taken not to have been recorded prior to the close of the poll.

51 Paragraph 17 of Schedule 3

After “shall,”, insert “after the close of the poll for the Division,” .

52 Paragraph 23 of Schedule 3

After “are so placed,”, insert “but not before the close of the poll for the Division,” .

Referendum (Machinery Provisions) Act 1984

53 Paragraph 4(2)(a)

Repeal the paragraph, substitute:

(a) before the end of the postponement period, no name may be placed on any Roll, or deleted from any Roll, as a result of a claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 that is received during the postponement period; and

54 At the end of section 4

Add:

(3) In this section:

postponement period means:

(a) if the DRO or Australian Electoral Officer, as the case requires, is satisfied that the claimant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls for the referendum close and ending on the close of voting at the referendum; and

(b) in any other case—the period commencing at 6 pm on the date of issue of the writ for the referendum and ending on the close of voting at the referendum.

55 Subsection 36(1)

Repeal the subsection.

56 Subsection 36(1A)

Omit “subsection (1)”, substitute “subsection (2)”.

57 Subsection 36(2)

Repeal the subsection, substitute:

(2) If any voter satisfies the presiding officer that:

(a) the voter’s sight is so impaired that the voter is unable to vote without assistance; or

(b) the voter is so physically incapacitated or illiterate that the voter is unable to vote without assistance;

then the presiding officer must mark, fold, and deposit the voter’s ballot-paper, in the presence of:

(c) such scrutineers as are present and such person (if any) as has been appointed by the voter; or

(d) a polling official, if no person has been appointed by the voter and no scrutineers are present.

58 Subsection 36(4)

Omit “subsection (1)”, substitute “subsection (2)”.

59 Section 49A

Repeal the section.

60 At the end of paragraph 50(3)(a)

Add “and”.

61 At the end of paragraph 50(3)(b)

Add “and”.

62 Paragraph 50(3)(c)

Omit “and”.

63 Paragraph 50(3)(d)

Repeal the paragraph.

64 Section 83

Omit “Sections 35 and 36 apply”, substitute “Section 35 applies”.

Note: The heading to section 83 is altered by omitting “sections 35 and 36” and substituting “section 35”.

65 Paragraph 83(a)

Omit “those sections”, substitute “that section”.

66 Subsection 89A(1)

Omit “After the close of voting in a Division”, substitute “At any time on or after the last Monday before the close of voting in a Division”.

67 After section 108

Insert:

108AA Referendum not affected by failure of delivery arrangement

(1) This section applies if a DRO or Assistant Returning Officer, under section 61, arranges for delivery of a certificate and ballot-paper instead of posting them.

(2) A referendum, or a return or statement showing the voting at a referendum, must not be declared void on account of a failure of the arrangement for delivery.

(3) This section is not intended to imply anything about the effect of a failed delivery by post.

68 Section 125

Repeal the section.

69 Paragraph 9 of Schedule 3

Omit “serving a sentence of imprisonment or otherwise under detention”, substitute “under detention, but not serving a sentence of imprisonment”.

70 After paragraph 7 of Schedule 4

Insert:

7A. Where an envelope purporting to contain a postal ballot-paper does not bear a legible postmark and the signature of the witness bears a date after voting day, the vote marked on the ballot-paper must be taken not to have been recorded prior to the close of voting.

71 Paragraph 16 of Schedule 4

After “shall,”, insert “after the close of voting in the Division,”.

72 Paragraph 19 of Schedule 4

After “are so placed,”, insert “but not before the close of the poll for the Division,” .


 

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