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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parliamentary Electorates and
Elections Amendment (Enrolment and
Voting) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Parliamentary Electorates and Elections
Act 1912 No 41 2
Schedule 1 Amendments 3
b00-408-p03.811
New South Wales
Parliamentary Electorates and
Elections Amendment (Enrolment and
Voting) Bill 2000
No , 2000
A Bill for
An Act to amend the Parliamentary Electorates and Elections Act 1912 in respect
of the preparation of rolls of electors and the identification of persons entitled to
vote, and in other respects.
Clause 1 Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parliamentary Electorates and Elections Amendment 3
(Enrolment and Voting) Act 2000. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41 7
The Parliamentary Electorates and Elections Act 1912 is amended as 8
set out in Schedule 1. 9
Page 2
Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
identification reference for a person means a reference for the 5
person prepared in accordance with section 32A. 6
primary identification document for a person in a particular 7
name means: 8
(a) a certified copy, or an extract, of a birth certificate of the 9
person that shows that name as the person's name, or 10
(b) a certified copy of a citizenship certificate of the person 11
that shows that name as the person's name, or 12
(c) a current passport for the person that shows that name 13
as the person's name, or 14
(d) an expired passport for the person that shows that name 15
as the person's name, being a passport that was not 16
cancelled and that was current within the preceding 2 17
years. 18
secondary identification document for a person in a particular 19
name means a document (other than a primary identification 20
document) that establishes the identity of the person in that 21
name. 22
voter identification card for an election means a voter 23
identification card issued under section 50A in respect of that 24
election. 25
[2] Section 26 Rolls for districts and subdivisions 26
Omit "(or other prescribed particulars)" from section 26 (4) (b). 27
Insert instead ", date of birth". 28
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Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Schedule 1 Amendments
[3] Section 26A 1
Insert after section 26: 2
26A Replacement of rolls 3
(1) A new roll must be prepared for each district as soon as 4
practicable after the commencement of the amending Act. 5
(2) Every person entitled to enrolment must make a claim for 6
enrolment on the new roll in accordance with section 32. 7
Sections 33, 33A, 34 and 35 apply to each such person as if his 8
or her name was not on the roll on the date of commencement 9
of the amending Act. 10
(3) The rolls are to be prepared under a system of compulsory 11
enrolment. 12
(4) This section: 13
(a) does not affect the operation of any arrangement with 14
the Commonwealth as to rolls, made under section 21B, 15
to the extent that the arrangement is consistent with this 16
Act, as amended by the amending Act, and 17
(b) does not affect the operation of section 50 in relation to 18
any election in any district if the roll required to be 19
prepared under this section has not, as at the day of 20
issue of the writ for the election, been prepared under 21
this section, and 22
(c) does not affect the power of the Governor to make 23
proclamations under section 27 (1). 24
(5) In this section, amending Act means the Parliamentary 25
Electorates and Elections Amendment (Enrolment and Voting) 26
Act 2000. 27
[4] Section 32 Addition of names to rolls 28
Omit section 32 (2) (c). Insert instead: 29
(c) be accompanied by an identification reference for the 30
claimant. 31
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Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Amendments Schedule 1
[5] Section 32A 1
Insert after section 32: 2
32A Identification references 3
(1) An identification reference for a person is a written reference 4
by an acceptable referee, signed by the referee and setting out 5
the name used by the person and stating that: 6
(a) the referee has known the person for the period 7
specified in the reference, and 8
(b) during the whole of that period, or for so much of that 9
period as is specified in the reference, the person has 10
been commonly known by that name, and 11
(c) the referee has examined: 12
(i) a specified primary identification document for 13
the person in that name, or 14
(ii) a specified secondary identification document 15
for the person in that name and a specified 16
primary identification document for the person 17
in a former name of the person, or 18
(iii) only a specified secondary identification 19
document for the person in that name. 20
(2) An identification reference for a person by an acceptable 21
referee must also set out: 22
(a) the name, address and occupation of the referee and the 23
basis on which the referee claims to be an acceptable 24
referee, and 25
(b) if the reference states that the referee examined a 26
primary identification document for the person in a 27
name different from the name in which the person's 28
claim for enrolment is made--the explanation that the 29
person gave the referee for the difference in names, and 30
(c) if the reference states that the referee examined only a 31
secondary identification document for the person--the 32
explanation that the person gave the referee for the 33
failure to produce a primary identification document, 34
and 35
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Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Schedule 1 Amendments
(d) the required details of the identification document or 1
documents examined by the referee. 2
(3) An identification reference for a person by an acceptable 3
referee must be signed by the person in the presence of the 4
referee and must contain a statement by the referee to the effect 5
that the reference was so signed. 6
(4) An acceptable referee, or any other person, must not, 7
knowingly or recklessly: 8
(a) make a statement in an identification reference that is 9
false or misleading in a material particular, or 10
(b) omit from an identification reference any matter or 11
thing without which the reference is misleading in a 12
material particular. 13
Maximum penalty: 10 penalty units. 14
(5) For the purposes of this Act, a failure by a person to produce a 15
primary identification document is not to be taken to be 16
sufficiently explained merely by the assertion that a primary 17
identification document is not presently available to the person 18
if the person could obtain a primary identification document 19
within a reasonable time if the person took reasonable steps to 20
obtain it. 21
(6) In this section: 22
acceptable referee means a person: 23
(a) in a class of persons declared by the Commonwealth 24
Minister administering the Financial Transaction 25
Reports Act 1988 of the Commonwealth to be 26
acceptable referees for the purposes of the definition of 27
acceptable referee in section 3 of that Act, and 28
(b) who is entitled to have his or her name placed on a roll. 29
required details, in relation to an identification document, 30
means: 31
(a) in the case of a birth certificate--the name and date of 32
birth of the person in respect of whose birth the 33
certificate is given and the date and office of issue of the 34
certificate, and 35
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Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Amendments Schedule 1
(b) in the case of a citizenship certificate--the name and 1
date of birth of the person in respect of whom the 2
certificate is issued, the date of issue of the certificate 3
and the name of the person who issued the certificate, 4
and 5
(c) in the case of a passport--the name and date of birth of 6
the person to whom the passport is issued and the 7
country and date of issue and the number of the 8
passport, and 9
(d) in the case of a secondary identification document--the 10
name shown in the document as the name of the person 11
to whom or in respect of whom the document was 12
issued, the date of birth of that person (if shown), the 13
address of the person (if shown), the kind of document, 14
the person who or the authority that issued the 15
document, the identifying number (if any) of the 16
document and the date of issue or expiry (if any) of the 17
document. 18
[6] Part 4, Division 7A 19
Insert after Division 7 of Part 4: 20
Division 7A Voter identification cards 21
50A Voter identification cards 22
(1) The State returning officer for a district must, as soon as 23
possible after receiving a printed copy of the roll in accordance 24
with section 50, prepare a voter identification card in respect of 25
each person whose name appears on the roll. 26
(2) The voter identification card must be in the form set out in 27
Schedule 2. 28
(3) A voter identification card must be sent to each person whose 29
name appears on the roll, at the address that appears on the roll 30
for that person, at least 14 days before the day for taking the 31
poll. 32
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Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Schedule 1 Amendments
(4) A voter identification card for a person is valid for 1
identification purposes only in respect of the election (or 2
elections) for which it is prepared and issued. 3
[7] Section 99 Questions to be put to voter 4
Insert after section 99 (1) (c): 5
(d) Will you give me your voter identification card in 6
respect of this election? or Will you give me your voter 7
identification card in respect of these elections? (as the 8
case requires) 9
[8] Section 99 (4A) 10
Insert after section 99 (4): 11
(4A) Where, in response to the question specified in subsection (1) 12
(d), the person fails to give the returning officer or deputy a 13
voter identification card in the name and address given in 14
answer to the questions specified in subsections (1) (a) and (b), 15
the returning officer must ask the following question: 16
Will you show me any other identification documents that you 17
have with you? 18
[9] Section 99 (5) 19
Omit "section 99A". Insert instead "sections 99A and 106 (2A)". 20
[10] Section 99 (5) (a1) 21
Insert after section 99 (5) (a): 22
(a1) fails to show satisfactory identification in the name 23
given in answer to the question specified in subsection 24
(1) (a), 25
[11] Section 99 (5A) 26
Insert after section 99 (5): 27
(5A) For the purpose of this section, a person shows satisfactory 28
identification in the name given if the person produces: 29
Page 8
Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Amendments Schedule 1
(a) a voter identification card in that name, in respect of the 1
election in which the person claims to vote, or 2
(b) a primary identification document for the person in that 3
name, or 4
(c) a secondary identification document for the person in 5
that name and a primary identification document for the 6
person in a former name of the person. 7
(6) The returning officer is entitled to keep any voter identification 8
card given to the returning officer for the purposes of this 9
section. 10
[12] Section 100 Questions to be put if voter challenged 11
Insert after section 100 (1) (a): 12
(a1) Is the document that you have shown to prove your 13
identity a valid identification document? 14
[13] Section 106 Disputed vote 15
Insert after section 106 (2): 16
(2A) If a person claims to be entitled to vote and their claim would 17
otherwise be rejected by virtue of section 99 (5) (a1) (for 18
failure to show satisfactory identification) the person may, 19
subject to this Act and the regulations, be permitted to vote if 20
the person makes a declaration that the person is entitled to 21
vote. The regulations may prescribe a form of declaration. 22
[14] Section 114A Application for a postal vote certificate and postal 23
ballot-paper 24
Insert after section 114A (2) (a): 25
(a1) be accompanied by a voter identification card (in 26
respect of the election to which the application relates) 27
in the name of the elector or by an identification 28
reference for the elector, 29
Page 9
Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Schedule 1 Amendments
[15] Section 114P Application for permission to vote before polling day 1
Insert after section 114P (2) (a): 2
(a1) be accompanied by a voter identification card (in 3
respect of the election to which the application relates) 4
in the name of the elector or by an identification 5
reference for the elector, 6
[16] Section 114ZA Application for a postal vote certificate and postal 7
ballot-paper 8
Insert after section 114ZA (2) (a): 9
(a1) be accompanied by a voter identification card (in 10
respect of the election to which the application relates) 11
in the name of the elector or by an identification 12
reference for the elector, 13
[17] Schedule 2 14
Insert after Schedule 1: 15
Schedule 2 Voter identification card 16
(Section 50A) 17
Voter identification card 18
(Parliamentary Electorates and Elections Act 1912) 19
Name of elector: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Address of elector: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
An election is to be held for the electoral district of . . . . . . . . . . . . . . . . 22
The election will be held on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Your name and residence appears on the roll for that electoral district. 24
Page 10
Parliamentary Electorates and Elections Amendment (Enrolment and
Voting) Bill 2000
Amendments Schedule 1
VOTING IS COMPULSORY. 1
You must present this voter identification card when you attend the 2
polling-booth to vote in the election. 3
You must leave this voter identification card with the returning officer at the 4
polling-booth where you have voted. 5
If you intend to make an application for a pre-poll vote, or for a postal vote 6
certificate and postal ballot-paper, you must attach this card to your 7
application. 8
Page 11
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