The request may be made on or after the third day after polling day and before the referendum can no longer be questioned.

(3) The Electoral Commission must, as soon as practicable, comply with such a request.
(4) The list may include the name and date of birth of a postal vote applicant and the address in respect of which the applicant claims to be enrolled.
(5) However, before providing the list to a person or party, the Electoral Commission must remove from it all information concerning a person whose address has been excluded from the Roll under section 104 of the Commonwealth Electoral Act 1918 , other than the person's name.
62B Restriction on use or disclosure of information

Use of information

(1) A person is guilty of an offence if the person:

(a)

uses information obtained from an electronic list of postal vote applicants provided by the Electoral Commission; and

(b)

the use of the information is not for a permitted purpose (see subsections (4) and (5)).

Maximum penalty: 100 penalty units.

Disclosure of information

(2) A person is guilty of an offence if:

(a)

the person discloses information; and

(b)

the person knows that, or is reckless as to whether, the information has been obtained from an electronic list of postal vote applicants provided by the Electoral Commission; and

(c)

the disclosure would not be a use of the information for a permitted purpose (see subsections (4) and (5)).

Maximum penalty: 1,000 penalty units.

Use of information for a commercial purpose

(3) A person is guilty of an offence if:

(a)

the person uses information for a commercial purpose; and

(b)

the person knows that, or is reckless as to whether, the information has been obtained from an electronic list of postal vote applicants provided by the Electoral Commission.

Maximum penalty: 1,000 penalty units.

Permitted purposes

(4) If the list was provided by the Electoral Commission to a Senator or member of the House of Representatives, the permitted purposes are:

(a)

any purpose connected with an election or referendum; and

(b)

research about electoral matters; and

(c)

the monitoring of the accuracy of information contained in a Roll; and

(d)

the performance by the Senator or member of his or her functions as a Senator or member in relation to a person included in the list.

(5) If the list was provided by the Electoral Commission to a registered political party, the permitted purposes are:

(a)

any purpose connected with an election or referendum; and

(b)

research about electoral matters; and

(c)

the monitoring of the accuracy of information contained in a Roll; and

(d)

the performance by a Senator or member of the House of Representatives, who is a member of the party, of his or her functions as a Senator or member in relation to a person included in the list.

Definitions

(6) In this section:

election , as well as having the meaning given by subsection 3(1), also includes:

(a)

a State or Territory election; and

(b)

a local government election.

referendum , as well as having the meaning given by subsection 3(1), also includes a referendum conducted under a law of a State or Territory.

11A Subsection 63(2)

Omit "back", substitute "top of the front".

12 After subsection 65(1)

Insert:

(1A) A postal vote by an elector outside Australia that does not meet the requirements in subsection (1) concerning an authorised witness is, despite that subsection, taken to meet those requirements for the purposes of this Act if:

(a)

the postal vote is accompanied by a signed statement by the elector setting out why the elector was unable to comply with those requirements; and

(b)

the DRO or officer dealing with the postal vote under section 67 is satisfied that the elector made reasonable efforts to comply with those requirements; and

(c)

the postal vote is accompanied by a photocopy, that is certified by the elector to be a true copy, of a part of the elector's passport that includes:

(i)

the country and date of issue and the number of the passport; and

(ii)

the elector's name, date of birth and signature; and

(iii)

a photograph of the elector.

12A Subsection 73D(2)

Omit "back", substitute "top of the front".

12B Paragraph 85(1)(a)

Omit "back", substitute "top of the front".

13 Subsections 85(1) and (2)

Omit "postal" (wherever occurring).

14 Paragraph 86(3)(b)

Omit "postal".

15 Paragraph 121(1)(a)

Omit "(not being a post-office box)".

16 Subsection 121(1A)

Omit "(not being a post office box)".

17 At the end of section 121

Add:

(5) In this section:

address of a person means an address, including a full street address and suburb or locality, at which the person can usually be contacted during the day. It does not include a post office box.

18 Subsection 139(1)

Omit "a prescribed court", substitute "the Federal Court of Australia (the Federal Court )".

19 Subsection 139(1)

Omit "the court", substitute "the Federal Court".

20 Subsection 139(2)

Omit "a prescribed court", substitute "the Federal Court".

21 Subsection 139(3)

Omit "a prescribed court", substitute "the Federal Court".

22 Subsection 139(3)

Omit "the court" (twice occurring), substitute "the Federal Court".

23 Subsection 139(4)

Omit "A prescribed court", substitute "The Federal Court".

24 Subsection 139(5)

Omit "a prescribed court", substitute "the Federal Court".

25 Subsection 139(5)

Omit "the court" (wherever occurring), substitute "the Federal Court".

26 Subsection 139(6)

Omit "a prescribed court", substitute "the Federal Court".

27 Subsection 139(6)

Omit "the court" (wherever occurring), substitute "the Federal Court".

28 Subsection 139(7)

Omit "a prescribed court", substitute "the Federal Court".

29 Subsection 139(7)

Omit "the court", substitute "the Federal Court".

30 Subsection 139(8)

Repeal the subsection.

31 Subsection 139(9)

Omit "Federal Court of Australia from a judgment or order of a prescribed court", substitute "High Court from a judgment or order of the Federal Court".

32 Subsection 139(10)

Omit "a prescribed court", substitute "the Federal Court".

33 Subsection 139(10)

Omit "the court", substitute "the Federal Court".

34 Subsection 139(11)

Repeal the subsection.

35 Form B in Schedule 1

Repeal the Form, substitute:

FORM B

´

36 Form C in Schedule 1

Repeal the Form, substitute:

FORM C

37 Subparagraph 6(a) of Schedule 4

Omit "the signature purports to be witnessed by an authorised witness;", substitute:

: (i) the signature purports to be witnessed by an authorised witness; or

(ii)

the signature is taken to be witnessed by an authorised witness because of subsection 65(1A);

38 After paragraph 6 of Schedule 4

Insert:

6A. If the DRO is satisfied that more than one envelope that meets the requirements of paragraph 6 purports to contain a declaration vote by the same elector, the DRO must:

(a)

treat only one of the envelopes, as selected by the DRO, as meeting the requirements of paragraph 6; and

(b)

exclude from further scrutiny the ballot-papers contained in the other envelope or envelopes, without opening the envelope or envelopes; and

(c)

seal up in a parcel the envelope or envelopes excluded from further scrutiny by subparagraph (b); and

(d)

write on the parcel a description of its contents, the name of the Division and the date of the commencement of the preliminary scrutiny.

In applying subparagraph (a), the DRO should, to the extent that it is possible, select the envelope that was received first.

6B. Paragraphs 19 and 20 do not apply to envelopes excluded from further scrutiny because of subparagraph 6A(b).
39 Paragraph 7A of Schedule 4

Repeal the paragraph, substitute:

7A. A vote marked on a postal ballot-paper must be taken not to have been recorded prior to the close of voting if:

(a)

in the case of a ballot-paper taken to be witnessed because of subsection 65(1A)—the envelope purporting to contain the ballot-paper does not bear a legible postmark; or

(b)

in any other case—the envelope purporting to contain the ballot-paper does not bear a legible postmark and the signature of the witness bears a date after voting day.

40 Paragraph 18 of Schedule 4

After "scrutiny,", insert "other than because of subparagraph 6A(b),".

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