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New South Wales
Parliamentary Electorates and
Elections Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Parliamentary Electorates and Elections
Act 1912 No 41 relating to investigation of internet voting
for vision-impaired and other disabled persons 3
Schedule 2 Amendment of Parliamentary Electorates and Elections
Act 1912 No 41 relating to authorisation and registration
of electoral material 4
Schedule 3 Amendment of Parliamentary Electorates and Elections
Act 1912 No 41 relating to registration of political parties 5
Schedule 4 Amendment of Parliamentary Electorates and Elections
Amendment (Automatic Enrolment) Act 2009 No 102 7
b2010-025-42.d12
New South Wales
Parliamentary Electorates and
Elections Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Parliamentary Electorates and Elections Act 1912 to make
provision for the investigation of internet voting for vision-impaired persons and
other disabled persons; make further provision regarding the conduct of elections and
the registration of political parties; and for other purposes.
Clause 1 Parliamentary Electorates and Elections Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parliamentary Electorates and Elections Amendment 3
Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Parliamentary Electorates and Elections Amendment Bill 2010
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 1
relating to investigation of internet voting for vision-impaired and other
disabled persons
Schedule 1 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to investigation of internet 3
voting for vision-impaired and other 4
disabled persons 5
Section 187 6
Insert after section 186A: 7
187 Investigation of internet voting for vision-impaired and other 8
disabled persons 9
(1) The Electoral Commissioner is: 10
(a) to conduct an investigation into the feasibility of providing 11
internet voting for vision-impaired and other disabled 12
persons for elections under this Act, and 13
(b) if such internet voting is feasible, to propose a detailed 14
model of such internet voting for adoption. 15
(2) The investigation is to be undertaken as soon as possible after the 16
commencement of this section. 17
(3) A report on the investigation, and any proposed model of internet 18
voting for vision-impaired and other disabled persons, is to be 19
given to the Minister within 3 months after the commencement of 20
this section. 21
(4) The Minister is, as soon as practicable, to table, or cause to be 22
tabled, a copy of the report in each House of Parliament. 23
(5) The Electoral Commissioner is not required under this Act or any 24
other law to provide any special or alternative form of voting for 25
vision-impaired or other disabled persons, other than that already 26
provided for under this Act. In particular, the Electoral 27
Commissioner is not required under this Act or any other law to 28
provide a form of voting to vision-impaired or other disabled 29
persons that enables such persons to vote without the assistance 30
of another person. 31
Page 3
Parliamentary Electorates and Elections Amendment Bill 2010
Schedule 2 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to authorisation and registration of electoral material
Schedule 2 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to authorisation and registration 3
of electoral material 4
[1] Section 151E Name and address of author and printer to be printed on 5
advertisements etc 6
Insert after section 151E (2): 7
(3) Subsection (1) does not apply in relation to: 8
(a) a T-shirt, lapel button, lapel badge, pen, pencil or balloon, 9
or 10
(b) a business or visiting card that promotes the candidacy of 11
any person in an election, or 12
(c) a letter or other card: 13
(i) that bears the name and address of the sender, and 14
(ii) that does not contain a representation or purported 15
representation of a ballot paper for use in an 16
election, or 17
(d) any other article prescribed (or of a class prescribed) by the 18
regulations. 19
[2] Section 151G Registration of electoral material 20
Insert after section 151G (7A) (a): 21
(a1) that the material does not clearly identify the person, 22
political party, organisation or group on whose behalf the 23
material is to be distributed, or 24
Page 4
Parliamentary Electorates and Elections Amendment Bill 2010
Amendment of Parliamentary Electorates and Elections Act 1912 No 41 Schedule 3
relating to registration of political parties
Schedule 3 Amendment of Parliamentary 1
Electorates and Elections Act 1912 No 41 2
relating to registration of political parties 3
[1] Section 66G Refusal to register 4
Insert after section 66G (4): 5
(5) Despite subsection (3), if a party is registered under the 6
Commonwealth Act (the Commonwealth registered party), the 7
Electoral Commissioner must not refuse to register under this 8
Act: 9
(a) the Commonwealth registered party, or 10
(b) another party (if the Commonwealth registered party has 11
given its consent in writing to the registration), 12
under the same name or same abbreviation (or both) as the 13
Commonwealth registered party is registered under the 14
Commonwealth Act by reason only of a ground set out in the 15
following: 16
(c) subsection (3) (b), 17
(d) subsection (3) (c) or (d), unless the registered party or 18
party currently represented in Parliament referred to in 19
subsection (3) (c) or (d) is not registered under the 20
Commonwealth Act. 21
[2] Section 66H Amendment of Register 22
Omit "the application is to be regarded as an application for registration setting 23
out particulars as proposed to be amended" from section 66H (3). 24
Insert instead "a reference in those provisions to an application for registration 25
is taken to be a reference to an application for an amendment of the Register 26
of Parties". 27
[3] Section 66H (3AA) 28
Insert after section 66H (3): 29
(3AA) Section 66D (2) (g) and (g1) do not apply to an application for the 30
amendment of the particulars in the Register of Parties. 31
[4] Section 66H (3C)(3E) 32
Insert after section 66H (3B): 33
(3C) Section 66FA does not apply to an application for the amendment 34
of the particulars in the Register of Parties. 35
Page 5
Parliamentary Electorates and Elections Amendment Bill 2010
Schedule 3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
relating to registration of political parties
(3D) An amendment of the particulars in the Register of Parties under 1
this Part must not be made in the period commencing on the day 2
of the issue of the writ for an election and ending on and 3
including the day fixed for the return of the writ. 4
(3E) No action is to be taken during that period in relation to an 5
application for an amendment of the particulars in the Register of 6
Parties. 7
Page 6
Parliamentary Electorates and Elections Amendment Bill 2010
Amendment of Parliamentary Electorates and Elections Amendment Schedule 4
(Automatic Enrolment) Act 2009 No 102
Schedule 4 Amendment of Parliamentary 1
Electorates and Elections Amendment 2
(Automatic Enrolment) Act 2009 No 102 3
Schedule 5 Miscellaneous amendments to Parliamentary Electorates 4
and Elections Act 1912 No 41 5
Insert after proposed section 138 (2) in Schedule 5 [62]: 6
(2A) In subsection (2), a reference to a polling place includes a 7
reference to a pre-poll voting place. 8
Page 7
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