Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Electoral and
Referendum Amendment Bill (No. 2)
2001
No. ,
2001
(Special Minister of
State)
A Bill for an Act to amend the law
relating to elections and referendums, and for related
purposes
Contents
Commonwealth Electoral Act
1918 3
Referendum (Machinery Provisions) Act
1984 8
Commonwealth Electoral Act
1918 12
Referendum (Machinery Provisions) Act
1984 20
Public Employment (Consequential and Transitional) Amendment Act
1999 23
A Bill for an Act to amend the law relating to elections
and referendums, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Electoral and Referendum Amendment Act
(No. 2) 2001.
(1) Subject to this section, this Act commences on the 28th day after the
day on which this Act receives the Royal Assent.
(2) Items 3, 4, 5, 8, 11, 12, 45, 46, 47 and 48 of Schedule 1,
and items 25 and 46 of Schedule 2, commence on a day to be fixed by
Proclamation.
(3) Items 1 and 2 of Schedule 3 are taken to have commenced on
5 December 1999, immediately after the commencement of items 764 and
765 of Schedule 1 to the Public Employment (Consequential and
Transitional) Act 1999.
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this Act is amended or repealed as set out in the applicable items in the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.
Commonwealth Electoral Act
1918
1 Paragraph 93(8)(b)
Omit “5 years or longer”, substitute
“imprisonment”.
2 After subsection 93(8A)
Insert:
(9) Paragraph (8)(b) does not apply to a person unless:
(a) the person is under detention on a full-time basis; and
(b) that detention is attributable to the sentence of imprisonment
concerned.
3 Subsection 94A(4)
Repeal the subsection, substitute:
(4) If the application is received by an Australian Electoral
Officer:
(a) after 6 pm on the date of issue of a writ for an election to be held
in 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
issue of the writ and ending on the close of polling at the election.
4 Subsection 95(4)
Omit “8 p.m. on the day of the close of the Rolls”, substitute
“6 pm on the date of issue of the writ”.
5 Subsection 96(4)
Repeal the subsection, substitute:
(4) If an application under this section is received by an Australian
Electoral Officer:
(a) after 6 pm on the date of issue of a writ for an election to be held
in 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) in relation to the applicant 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
issue of the writ and ending on the close of polling at the election.
6 Section 96A
Repeal the section.
7 Subsection 99(3)
Omit “, 96 and 96A”, substitute “and 96”.
8 Subsection 102(4)
Repeal the subsection, substitute:
(4) If a claim by a person under section 101 is received:
(a) after 6 pm on the date of issue of a writ for an election to be held
in the Division to which the claim relates; and
(b) during the postponement period;
the claim must not be considered 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
issue of the writ and ending on the close of polling at the election.
9 Subsections 105(4) and
(5)
Repeal the subsections.
10 Section 109
Omit “5 years or longer”, substitute “imprisonment
(within the meaning of subsection 93(8))”.
11 Section 155
Omit “7 days”, substitute “3 working
days”.
12 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.
13 Subsection 173(1)
Omit “or (3)”.
14 Subsection 173(2)
Omit “If the candidate was nominated under subsection 167(3) and the
deposit was paid by a person other than the candidate, the”, substitute
“The”.
15 Subsections 173(2A) and
(3)
Repeal the subsections.
16 Subsection 176(1)
After “the declaration place”, insert “for the relevant
State or Territory”.
17 Subsection 176(2)
After “nomination for the Division,” insert “or at the
declaration place for the Division,”.
18 Subsection 176(4) (definition of
declaration place)
Repeal the definition, substitute:
declaration place means:
(a) for a Senate election for a State or Territory—a place
determined in relation to that State or Territory by the Australian Electoral
Officer for that State or Territory; and
(b) for a House of Representatives election for a Division—a place
determined in relation to that Division by the Australian Electoral Officer for
the relevant State or Territory.
19 Subsection 177(1)
Omit “or (3)”.
20 Subsection 177(2)
Omit “If the candidate was nominated under subsection 167(3) and the
deposit was paid by a person other than the candidate, the”, substitute
“The”.
21 Subsection 177(3)
Repeal the subsection.
22 Subsection 178(2)
Omit “the candidate was nominated under subsection 167(3)
and”.
23 At the end of paragraph
184A(2)(d)
Add “but not serving a sentence of imprisonment (within the meaning
of subsection 93(8))”.
24 Section 226A
Repeal the section.
25 Subsection 228(2)
Omit “, 226A(7)”.
26 Subsection 234(1)
After “person”, insert “(other than a
scrutineer)”.
27 Subsection 305B(1)
Omit “$1,500”, substitute “$3,000”.
28 Subsection 305B(3A)
Omit “$1,500”, substitute “$3,000”.
29 Subsection 305B(3A)
Omit “$1,000”, substitute “$3,000”.
30 Application—subsections 305B(1) and
(3A) of the Commonwealth Electoral Act 1918
The amendments of subsections 305B(1) and (3A) of the Commonwealth
Electoral Act 1918 made by this Schedule apply to:
(a) the financial year in which this item commences; and
(b) all later financial years.
31 Subsection 306(1)
Omit “$1,000”, substitute “$3,000”.
32 Subsection 306A(1)
Omit “$1,500”, substitute “$3,000”.
33 Subsection 306A(2)
Omit “$1,500”, substitute “$3,000”.
34 Subsection 314AC(1)
Omit “$1,500”, substitute “$3,000”.
35 Application—subsection 314AC(1) of the
Commonwealth Electoral Act 1918
The amendment of subsection 314AC(1) of the Commonwealth Electoral Act
1918 made by this Schedule applies to:
(a) the financial year in which this item commences; and
(b) all later financial years.
36 Subsection 314AE(1)
Omit “$1,500”, substitute “$3,000”.
37 Application—subsection 314AE(1) of the
Commonwealth Electoral Act 1918
The amendment of subsection 314AE(1) of the Commonwealth Electoral Act
1918 made by this Schedule applies to:
(a) the financial year in which this item commences; and
(b) all later financial years.
38 Subsection 331(1)
Omit “article or a paragraph”, substitute
“advertisement”.
39 Subsection 331(1)
Omit “not the article”, substitute “not the
advertisement”.
40 Subsection 331(1)
Omit “payment”, substitute
“consideration”.
41 Subsections 331(1) and
(2)
Omit “article or paragraph” (wherever occurring), substitute
“advertisement”.
42 After subsection 339(1B)
Insert:
(1C) A person is guilty of an offence if the person intentionally votes
more than once in the same election.
Penalty: 60 penalty units or imprisonment for 12 months, or both.
43 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 (within the meaning of subsection 93(8))”.
Referendum (Machinery
Provisions) Act 1984
44 Subsection 3(1) (definition of electoral
visitor)
Omit “or 49A”.
45 Paragraph 4(2)(a)
Repeal the paragraph, substitute:
(a) if a claim for enrolment or transfer of enrolment under the
Commonwealth Electoral Act 1918 is received during the postponement
period—the claim must not be considered until after the end of the
postponement period; and
46 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.
47 Subsection 9(1)
Omit “7 days”, substitute “3 working
days”.
48 At the end of
section 9
Add:
(3) 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.
49 Subsection 36(1)
After “person”, insert “(other than a
scrutineer)”.
50 Subsection 46A(2)
Omit “, 49A(7)”.
51 Section 49A
Repeal the section.
52 Subsection 62(4)
Repeal the subsection, substitute:
(4) A DRO, before making applications for postal votes available for
public inspection, must remove from any application by a person whose address
has been removed from the Roll under section 104 of the Commonwealth
Electoral Act 1918, all information other than the person’s
name.
53 Subsection 124(1)
Omit “article or a paragraph”, substitute
“advertisement”.
54 Subsection 124(1)
Omit “not the article”, substitute “not the
advertisement”.
55 Subsection 124(1)
Omit “payment”, substitute
“consideration”.
56 Subsection 124(1)
Omit “article or paragraph” (wherever occurring), substitute
“advertisement”.
57 Subsection 124(2)
Omit “article or item” (wherever occurring), substitute
“advertisement”.
58 Subsection 130(1A)
Omit “election”, substitute “referendum”.
59 After subsection 130(1B)
Insert:
(1C) A person is guilty of an offence if the person intentionally votes
more than once in the same referendum.
Penalty: 60 penalty units or imprisonment for 12 months, or both.
60 Clause 9 of
Schedule 3
Omit “serving a sentence of imprisonment or otherwise under
detention”, substitute “under detention, but not serving a sentence
of imprisonment (within the meaning of subsection 93(8) of the Commonwealth
Electoral Act 1918)”.
Commonwealth Electoral Act
1918
1 Paragraph 94A(1)(c)
After “he or she resided”, insert “at an
address”.
2 Paragraph 95(1)(e)
After “he or she resided”, insert “at an
address”.
3 Subsection 95AA(1) (paragraph (b) of the
definition of qualified Norfolk Islander)
After “he or she lived”, insert “at an
address”.
4 Subsection 95AA(1) (paragraph (b) of the
definition of qualified Norfolk Islander)
Omit “so lived”, substitute “lived at that
address”.
5 Subsection 99(1)
After “who lives”, insert “at an
address”.
6 Subsection 99(1)
Omit “so lived”, substitute “lived at that
address”.
7 Subsection 99(1)
After “entitled”, insert “, in respect of residence at
that address,”.
8 Subsection 99(2)
After “who lives”, insert “at an
address”.
9 Subsection 99(2)
Omit “so lived”, substitute “lived at that
address”.
10 Subsection 99(2)
After “entitled”, insert “, in respect of residence at
that address,”.
11 Subsection 99(5)
After “in fact lived”, insert “at the relevant
address”.
12 Paragraph 99A(1)(b)
After “be entitled”, insert “, in respect of residence at
an address,”.
13 Paragraph 99A(2)(a)
After “is living”, insert “at an
address”.
14 Paragraph 99A(2)(b)
Omit “in that Subdivision”, substitute “at that
address”.
15 Paragraph 100(1)(b)
After “be entitled”, insert “, in respect of residence at
an address,”.
16 Subsection 101(5)
Repeal the subsection, substitute:
(5) Subject to subsection (5A), if a person enrolled for a
Subdivision (including a person whose address, in accordance with a request made
under section 104, is not entered on a Roll):
(a) has changed his or her place of living from one address in that
Subdivision to another address in the same Subdivision; and
(b) has lived at the new address for a period of one month;
the person must, within 21 days after the end of the period referred to in
paragraph (b), give written notice of the new address to the Divisional
Returning Officer for the Division that includes that Subdivision.
17 Paragraph 102(1)(b)
After “is entitled”, insert “, in respect of residence at
an address,”.
18 Paragraph 102(1)(ba)
After “properly enrolled”, insert “in respect of
residence at the address”.
19 Paragraph 102(1)(c)
After “is entitled”, insert “, in respect of residence at
an address,”.
20 At the end of
section 104
Add:
(10) For the purposes of this Act, if the address of a person is not shown
on the Roll for a Subdivision because of a request made by the person under
subsection (1) or (2), the name of the person is taken to have been placed
on the Roll:
(a) if the person has not given notice of a change of address under
subsection 101(5)—in respect of the address that would have been shown on
the Roll had the request not been made; or
(b) if the person gives notice of a change of address under subsection
101(5)—in respect of the new address.
21 Paragraph 105(1)(b)
Omit “or address”.
22 After paragraph
105(1)(b)
Insert:
(ba) altering, in response to a written notice given by an elector, the
original address of the elector on the same Subdivision Roll;
23 After subsection 105(1)
Insert:
(1A) If the address of an elector is altered under paragraph (1)(ba)
or (h), then, after the alteration, this Act has effect as if the
elector’s name had been placed on the Roll in respect of the address as
altered.
24 After subsection 105(3)
Insert:
(3A) Despite subsection (3), the address of an elector must not be
altered under paragraph (1)(ba) unless the Divisional Returning Officer is
satisfied that the elector has lived at the new address for a period of at least
one month.
25 At the end of
section 105
Add:
(6) Despite subsection (3), if a notice given by an elector under
subsection 101(5) is received by the Divisional Returning Officer:
(a) after the time of issue of a writ for an election to be held in the
Division to which the notice relates; and
(b) during the postponement period;
the address of the elector on the relevant Roll must not be altered in
response to the notice until after the end of the postponement period. For this
purpose, the postponement period is the period commencing at 8 pm
on the day on which the Rolls close and ending on the close of polling at the
election.
26 Subsection 113(1)
Insert:
Antarctic elector means an elector whose name has been
retained on the relevant Roll under Part XVII.
27 Subsection 113(1) (at the end of the
definition of official objection)
Add “or (4)”.
28 Subsection 113(1) (definition of private
objection)
Omit “or (1A)”, substitute “, (1A) or
(1B)”.
29 After subsection 114(1A)
Insert:
(1B) A person enrolled for a Subdivision may object to the enrolment of
another person for that Subdivision on the ground that:
(a) the other person’s name has been placed on the Roll for that
Subdivision in respect of a particular address; and
(b) at the date of the objection, the other person does not live at that
address, and has not lived at that address for a period of at least one month;
and
(c) the other person is not an Antarctic elector.
(1C) A person must not object under subsection (1) to the enrolment
of another person if the person could object under subsection (1B) to the
enrolment of the other person.
30 At the end of
section 114
Add:
(4) The DRO for a Division must object to the enrolment of a person for a
Subdivision of that Division if:
(a) the person’s name has been placed on the Roll for that
Subdivision in respect of a particular address; and
(b) at the date of the objection, there are reasonable grounds for
believing that the person does not live at that address, and has not lived at
that address for a period of at least one month; and
(c) the person is not an Antarctic elector.
(5) The DRO for a Division must not object under subsection (2) to
the enrolment of a person if the DRO could object under subsection (4) to
the enrolment of the person.
31 Subsection 115(2)
After “114(1)”, insert “or (1B)”.
32 Subsection 115(3)
Repeal the subsection.
33 Subsection 118(3)
Omit “If it appears”, substitute “In the case of an
objection under subsection 114(1), (1A) or (2), if it appears”.
34 After subsection 118(4)
Insert:
(4A) In the case of an objection under subsection 114(1B) or (4), if it
appears to the DRO that:
(a) the challenged elector’s name has been placed on the Roll for
the relevant Subdivision in respect of a particular address; and
(b) at the date of the objection, the challenged elector did not live at
that address, and had not lived at that address for a period of at least one
month; and
(c) the challenged elector is not an Antarctic elector;
the DRO must remove the elector’s name from the Roll for that
Subdivision.
35 Subsection 118(5)
After “(3)”, insert “or (4A)”.
36 Subsection 118(8)
After “114(1)”, insert “or (1B)”.
37 Transitional—enrolment in respect of an
address
(1) If, immediately before the commencement of this item:
(a) a person’s name was on the Roll for a Subdivision; and
(b) a particular address was shown on the Roll as the person’s place
of living;
the Commonwealth Electoral Act 1918 has effect, after that
commencement, as if the person’s name had been placed on the Roll in
respect of that address.
(2) If, immediately before the commencement of this item:
(a) a person’s name was on the Roll for a Subdivision; and
(b) because of a request made by the person under subsection 104(1) or
(2), the person’s address was not shown on the Roll;
the Commonwealth Electoral Act 1918 has effect, after that
commencement, as if the person’s name had been placed on the
Roll:
(c) if the person has not given notice of a change under subsection 105(1)
of that Act—in respect of the address that would have been shown on the
Roll had the request not been made; or
(d) if the person gives notice of a change of address under subsection
101(5) of that Act—in respect of the new address.
(3) Subitems (1) and (2) do not prevent:
(a) the removal or deletion of the person’s name from the Roll in
accordance with the Commonwealth Electoral Act 1918 as amended by this
Schedule; or
(b) the alteration of the Roll in accordance with the Commonwealth
Electoral Act 1918 as amended by this Schedule.
(4) This item is enacted for the avoidance of doubt.
38 Transitional—objections under
Part IX of the Commonwealth Electoral Act 1918
Despite the amendments of Part IX of the Commonwealth Electoral Act
1918 made by this Schedule, Parts IX and X of that Act continue to apply, in
relation to an objection made under Part IX of that Act before the
commencement of this item, as if those amendments had not been made.
39 Subparagraph 10(b) of
Schedule 3
Omit “11A or 12”, substitute “12 or 13A”.
40 After subparagraph 10(b) of
Schedule 3
Insert:
(ba) in another group, the envelopes to which paragraph 13C
applies;
41 Subparagraph 11(b) of
Schedule 3
Omit “11A or 12”, substitute “12 or 13A”.
42 Paragraphs 11A and 11B of
Schedule 3
Repeal the paragraphs.
43 After paragraph 13 of
Schedule 3
Insert:
13A. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed the certificate or declaration on the
envelope is not enrolled for the Division; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the Division; and
(ii) that the elector has previously been enrolled for the Division;
and
(iii) that the elector’s name was omitted from the Roll for the
Division; and
(iv) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A).
13B. Subparagraph 13A(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
13C. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed a certificate or declaration on the
envelope is not enrolled for the State or Territory in which the Division is
situated; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the State or Territory in which the Division is situated; and
(ii) that the elector was not, at the time of voting, entitled to be
enrolled for the Division; and
(iii) that the elector has previously been enrolled for the Division;
and
(iv) that the elector’s name was omitted from the Roll for the
Division; and
(v) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A).
13D. Subparagraph 13C(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
44 Paragraph 14 of
Schedule 3
Omit “11B and 13”, substitute “13, 13B and
13D”.
45 Paragraph 19 of
Schedule 3
Omit “10(c)”, substitute “10(ba) or (c)”.
Referendum (Machinery
Provisions) Act 1984
46 After paragraph 4(2)(a)
Insert:
(aa) if a notice given by an elector under subsection 101(5) of the
Commonwealth Electoral Act 1918 is received during the postponement
period—the address of the elector on the relevant Roll must not be altered
in response to the notice until after the end of the postponement period;
and
47 Subparagraph 10(b) of
Schedule 4
Omit “10A or 11”, substitute “11 or 12A”.
48 After subparagraph 10(b) of
Schedule 4
Insert:
(ba) in another group, the envelopes to which paragraph 12C
applies;
49 Paragraphs 10A and 10B of
Schedule 4
Repeal the paragraphs.
50 After paragraph 12 of
Schedule 4
Insert:
12A. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed the certificate or declaration on the
envelope is not enrolled for the Division; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the Division; and
(ii) that the elector has previously been enrolled for the Division;
and
(iii) that the elector’s name was omitted from the Roll for the
Division; and
(iv) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A) of the Commonwealth Electoral
Act 1918.
12B. Subparagraph 12A(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
12C. This paragraph applies to an envelope if the DRO is
satisfied:
(a) that the elector who signed a certificate or declaration on the
envelope is not enrolled for the State or Territory in which the Division is
situated; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled
for the State or Territory in which the Division is situated; and
(ii) that the elector was not, at the time of voting, entitled to be
enrolled for the Division; and
(iii) that the elector has previously been enrolled for the Division;
and
(iv) that the elector’s name was omitted from the Roll for the
Division; and
(v) that the omission of the elector’s name from the Roll for the
Division was attributable to subsection 118(4A) of the Commonwealth Electoral
Act 1918.
12D. Subparagraph 12C(b) does not apply if:
(a) an election (excluding the election to which the scrutiny relates) has
been held since the omission from the Roll; or
(b) if there has been a redistribution of the State or Territory that
includes the Division since the last election before the election to which the
scrutiny relates—the omission from the Roll was made before the last such
redistribution.
51 Paragraph 13 of
Schedule 4
Omit “10B and 12”, substitute “12, 12B and
12D”.
52 Paragraph 17 of
Schedule 4
Omit “or (b)”, substitute “, (b) or
(ba)”.
Public Employment
(Consequential and Transitional) Amendment Act 1999
1 Item 764 of
Schedule 1
Omit “authorised”, substitute
“authorized”.
2 Item 765 of
Schedule 1
Omit “authorised”, substitute
“authorized”.