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Electoral and Referendum Amendment Act (No. 1) 2001

Act No. 34 of 2001 as made
An Act to amend the law relating to elections and referendums, and for related purposes
Administered by: Finance
Originating Bill: Electoral and Referendum Amendment Bill (No. 1) 2001
Date of Assent 28 Apr 2001
Table of contents.

 

 

 

 

Electoral and Referendum Amendment Act (No. 1) 2001

 

No. 34, 2001


 

 

 

 

Electoral and Referendum Amendment Act (No. 1) 2001

 

No. 34, 2001

 

 

 

 

An Act to amend the law relating to elections and referendums, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Commonwealth Electoral Act 1918                                                  3

Part 1—Amendments                                                                                                      3

Part 2—Transitional provisions                                                                                  23

Schedule 2—Referendum (Machinery Provisions) Act 1984                      26

 


Electoral and Referendum Amendment Act (No. 1) 2001

No. 34, 2001

 

 

 

An Act to amend the law relating to elections and referendums, and for related purposes

[Assented to 28 April 2001]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Electoral and Referendum Amendment Act (No. 1) 2001.

2  Commencement

                   This Act commences on a day to be fixed by Proclamation.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Commonwealth Electoral Act 1918

Part 1Amendments

1  Subsection 4(1) (definition of abbreviation)

Repeal the definition, substitute:

abbreviation of the name of a political party means a shortened version, or an acronym, of the party’s name and does not include an alternative name of the party.

Note:       For transitional provisions, see Part 2 of this Schedule.

2  After section 93

Insert:

93A  Power to refuse to include in the Roll inappropriate names

             (1)  This section applies to the inclusion of a person’s name in a Roll under a provision of this Part.

             (2)  A Divisional Returning Officer or Australian Electoral Officer may refuse to include a person’s name in a Roll if the Divisional Returning Officer or Australian Electoral Officer considers that the name:

                     (a)  is fictitious, frivolous, offensive or obscene; or

                     (b)  is not the name by which the person is usually known; or

                     (c)  is not written in the alphabet used for the English language.

             (3)  A Divisional Returning Officer or Australian Electoral Officer may refuse to include a person’s name in a Roll if including the name in the Roll would be contrary to the public interest.

             (4)  A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person’s name in a Roll must notify the person in writing of that decision.

Note:       For transitional provisions, see Part 2 of this Schedule.

3  Subsection 94(1)

Omit “in writing”.

4  Subsection 94(1)

After “application”, insert “must be in the approved form and signed by the elector, and”.

5  Subsection 94(1B)

Omit “1 year”, substitute “2 years”.

6  At the end of subsection 94(10)

Add “and signed by the applicant”.

7  Paragraph 94A(2)(a)

Omit “writing”, substitute “the approved form”.

8  Paragraph 94A(2)(b)

Repeal the paragraph, substitute:

                     (b)  must be signed by the person; and

                     (c)  must be attested to by a person referred to in paragraph 98(2)(c) (but see subsection (2A)); and

                     (d)  must be made within 2 years of the day on which the person making the application ceased to reside in Australia.

9  After subsection 94A(2)

Insert:

          (2A)  An application that does not meet the requirement in paragraph (2)(c) is taken to meet that requirement for the purposes of this Act if:

                     (a)  the application is accompanied by a signed statement by the person making the application setting out why the person was unable to meet the requirement; and

                     (b)  the Australian Electoral Officer is satisfied that the person made reasonable efforts to comply with the requirement; and

                     (c)  the application is accompanied by a photocopy, that is certified by the person to be a true copy, of a part of the person’s passport that includes:

                              (i)  the country and date of issue and the number of the passport; and

                             (ii)  the person’s name, date of birth and signature; and

                            (iii)  a photograph of the person.

10  After paragraph 94A(5)(a)

Insert:

                    (aa)  of a decision to refuse the application because it:

                              (i)  does not meet the requirement in paragraph (2)(c); and

                             (ii)  is not taken to meet that requirement because of subsection (2A); or

11  Subsection 95(2)

Repeal the subsection, substitute:

             (2)  The application must be:

                     (a)  in the approved form; and

                     (b)  signed by the person; and

                     (c)  attested to by a person referred to in paragraph 98(2)(c) (but see subsection (2A)).

12  After subsection 95(2)

Insert:

          (2A)  An application that does not meet the requirement in paragraph (2)(c) is taken to meet that requirement for the purposes of this Act if:

                     (a)  the application is accompanied by a signed statement by the person making the application setting out why the person was unable to meet the requirement; and

                     (b)  the Divisional Returning Officer is satisfied that the person made reasonable efforts to comply with the requirement; and

                     (c)  the application is accompanied by a photocopy, that is certified by the person to be a true copy, of a part of the person’s passport that includes:

                              (i)  the country and date of issue and the number of the passport; and

                             (ii)  the person’s name, date of birth and signature; and

                            (iii)  a photograph of the person.

13  Subsection 95(5)

Repeal the subsection, substitute:

             (5)  The Divisional Returning Officer must notify the person in writing:

                     (a)  of a decision to grant or refuse the application; or

                     (b)  of a decision to refuse the application because it:

                              (i)  does not meet the requirement in paragraph (2)(c); and

                             (ii)  is not taken to meet that requirement because of subsection (2A); or

                     (c)  of the Divisional Returning Officer’s opinion that the application cannot be proceeded with because of subsection (4).

14  At the end of subsection 95(10)

Add “and signed by the applicant”.

15  Subsection 96(2)

Repeal the subsection, substitute:

             (2)  The application must be:

                     (a)  in the approved form; and

                     (b)  signed by the applicant; and

                     (c)  attested to by a person referred to in paragraph 98(2)(c).

16  After section 98

Insert:

98A  Refusal to include in the Roll inappropriate names

             (1)  This section applies to the inclusion in a Roll, or transfer to a Roll, of a person’s name under a provision of this Part.

             (2)  A Divisional Returning Officer or Australian Electoral Officer may refuse to include in a Roll, or transfer to a Roll, a person’s name if the Divisional Returning Officer or Australian Electoral Officer considers that the name:

                     (a)  is fictitious, frivolous, offensive or obscene; or

                     (b)  is not the name by which the person is usually known; or

                     (c)  is not written in the alphabet used for the English language.

             (3)  A Divisional Returning Officer or Australian Electoral Officer may refuse to include in a Roll, or transfer to a Roll, a person’s name if including the name in the Roll, or transferring it to the Roll, would be contrary to the public interest.

             (4)  A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person’s name in a Roll must notify the person in writing of that decision.

Note:       For transitional provisions, see Part 2 of this Schedule.

17  Before paragraph 120(3)(a)

Insert:

                    (aa)  notifies a person under subsection 93A(4) or 98A(4) that the Divisional Returning Officer has refused to include in a Roll, or transfer to a Roll, the person’s name; or

18  Before paragraph 120(3)(e)

Insert:

                     (d)  the decision by the Divisional Returning Officer under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, the person’s name; or

19  At the end of subsection 121(1)

Add:

               ; or (c)  a decision made by an Australian Electoral Officer under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, the person’s name.

20  After paragraph 137(1)(ca)

Insert:

                or (cb)  the registered officer of a registered political party has failed to comply with a notice under section 138A (Review of eligibility of parties to remain in the Register);

21  After section 138

Insert:

138A  Review of eligibility of parties to remain in the Register

             (1)  The Electoral Commission may review the Register to determine whether one or more of the parties included in the Register:

                     (a)  is an eligible political party; or

                     (b)  should be deregistered under section 136 or 137.

             (2)  The Electoral Commission may do so at any time other than during the period that:

                     (a)  starts on the day of the issue of a writ for a Senate election or House of Representatives election; and

                     (b)  ends on the day on which the writ is returned.

             (3)  For the purposes of reviewing the Register, the Electoral Commission may give a written notice to the registered officer of a registered political party requesting specified information on the party’s eligibility to be registered under this Part.

             (4)  The notice must specify a period within which the information must be provided. The period must be at least 2 months.

             (5)  The registered officer must comply with the notice within the specified period. However, the Electoral Commission may extend that period.

Note:          A failure to comply with the notice may lead to deregistration (see paragraph 137(1)(cb)).

22  After subsection 173(2)

Insert:

          (2A)  If the candidate was a candidate for election to the Senate and the deposit was paid by someone else, the deposit must be returned to the person who paid it, or to a person authorised by the person who paid it.

23  Subsection 177(4)

Repeal the subsection, substitute:

             (4)  If a candidate withdraws his or her consent to nomination and was one of a number of candidates nominated by the registered officer of a registered political party under subsection 167(3):

                     (a)  the withdrawal does not affect the nomination of those other candidates; and

                     (b)  the registered officer may amend the nomination, at any time before the hour of nomination, to substitute another candidate.

An amendment must be in the approved form and signed by the registered officer.

24  Subsection 180(3)

Repeal the subsection, substitute:

             (3)  If a candidate dies before the hour of nomination and the candidate was one of a number of candidates nominated by the registered officer of a registered political party under subsection 167(3):

                     (a)  the death does not affect the nomination of those other candidates; and

                     (b)  the registered officer may amend the nomination, at any time before the hour of nomination (as affected by subsection 156(2)), to substitute another candidate.

An amendment must be in the approved form and signed by the registered officer.

25  At the end of paragraph 184(1)(b)

Add “(but see subsection (3A))”.

26  After subsection 184(3)

Insert:

          (3A)  An application made outside Australia that does not meet the requirement in paragraph (1)(b) is taken to meet that requirement for the purposes of this Act if:

                     (a)  the application is accompanied by a signed statement by the applicant setting out why the applicant was unable to meet the requirement; and

                     (b)  the Assistant Returning Officer or DRO is satisfied that the applicant made reasonable efforts to comply with the requirement; and

                     (c)  the application is accompanied by a photocopy, that is certified by the applicant to be a true copy, of a part of the applicant’s passport that includes:

                              (i)  the country and date of issue and the number of the passport; and

                             (ii)  the applicant’s name, date of birth and signature; and

                            (iii)  a photograph of the applicant.

27  At the end of subsection 188(1)

Add:

Note:          An application may be taken to be properly witnessed because of subsection 184(3A).

28  After section 189

Insert:

189A  Access to electronic list of postal vote applicants

             (1)  A request for a list, in electronic form, of the postal vote applicants may be made to the Electoral Commission by:

                     (a)  a candidate in a Senate election if the postal vote applications are in respect of any Division in the State or Territory for which the candidate stood for election; or

                     (b)  a candidate in a House of Representatives election if the postal vote applications are in respect of the Division for which the candidate stood for election; or

                     (c)  a registered political party if the postal vote applications are in respect of a Division in a State or Territory on the basis of which a branch or division of the party is organised.

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

             (2)  The Electoral Commission must, as soon as practicable, comply with such a request.

             (3)  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.

             (4)  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, other than the person’s name.

189B  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 candidate in a Senate or House of Representatives election, 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 candidate of his or her functions if elected 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 means:

                     (a)  a Senate election; or

                     (b)  a House of Representatives election; or

                     (c)  a State or Territory election; or

                     (d)  a local government election.

referendum means a referendum conducted under a law of the Commonwealth or of a State or Territory.

28A  Subsection 190(2)

Omit “back”, substitute “top of the front”.

29  After subsection 194(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 195A 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.

29A  Subsection 200E(2)

Omit “back”, substitute “top of the front”.

30  After subsection 211(5)

Insert:

          (5A)  A group of candidates who have lodged a statement under subsection (1) or (2) may, at any time before the period for lodging the statement expires, amend, withdraw or replace the statement by giving written notice to the Australian Electoral Officer.

31  Subsection 211(6)

After “subsection (1) or (2)”, insert “, or notice under subsection (5A) amending, withdrawing or replacing such a statement,”.

32  Subsection 211(7)

After “poster”, insert “or pamphlet”.

33  Subsection 211A(11)

After “poster”, insert “or pamphlet”.

34  At the end of section 211A

Add:

           (12)  A candidate who has lodged a statement under subsection (1) or (2) may, at any time before the period for lodging the statement expires, amend, withdraw or replace the statement by giving written notice to the Australian Electoral Officer. The notice must be signed by the candidate.

35  Section 215

Repeal the section, substitute:

215  Ballot‑papers to be initialled

             (1)  A ballot‑paper must not be delivered to a voter without first being initialled by the proper officer on the top of the front of the ballot‑paper.

             (2)  An exact account of all initialled ballot‑papers must be kept.

             (3)  To avoid doubt, this section also applies to a ballot‑paper that is a photocopy of an original ballot‑paper.

36  Section 216

Repeal the section, substitute:

216  Group voting tickets to be displayed

             (1)  If one or more group voting tickets are registered for the purposes of a Senate election, the Australian Electoral Officer must ensure that either or both of the following are prominently displayed at each polling booth:

                     (a)  a poster showing the tickets;

                     (b)  a pamphlet showing the tickets.

             (2)  A poster prepared for the purposes of this section must show:

                     (a)  group voting tickets in vertical columns; and

                     (b)  the tickets in the same order from the top of each column as the order on the ballot‑papers for the groups who lodged the tickets; and

                     (c)  the tickets lodged by the same group in the same column.

             (3)  A pamphlet prepared for the purposes of this section must show:

                     (a)  each group voting ticket starting on a separate page of the pamphlet; and

                     (b)  the tickets in the same order from the start of the pamphlet as the order on the ballot‑papers for the groups who lodged the tickets; and

                     (c)  the tickets lodged by the same group on consecutive pages.

             (4)  If a group has more than one group voting ticket, the group’s tickets must be shown in the order indicated in the statement lodged by the group under subsection 211(2).

37  Subsection 245(4)

After “send”, insert “or deliver”.

38  Subsection 245(6)

Omit “to the elector, at the address mentioned in the list prepared under subsection (2),”, substitute “or deliver to the elector, at his or her latest known address,”.

39  Subsection 245(9)

Omit “to the elector, at the address mentioned in the list prepared under subsection (2),”, substitute “or deliver to the elector, at his or her latest known address,”.

40  Subsections 245(12) and (13)

After “sent” (wherever occurring), insert “or delivered”.

40A  Paragraph 260(1)(a)

Omit “back”, substitute “top of the front”.

41  Subsections 260(1) and (2)

Omit “postal” (wherever occurring).

42  Subsection 260(5)

Omit “Part XV”, substitute “Part XVA (Pre‑poll voting)”.

43  Paragraph 261(3)(b)

Omit “postal”.

44  Subsection 284(1)

Omit “nomination,”, substitute “nomination or another place determined by the Australian Electoral Officer for the State or Territory concerned,”.

46  Paragraph 328(1)(a)

Omit “(not being a post‑office box)”.

47  Subsection 328(1A)

Omit “(not being a post office box)”.

48  Subparagraph 328(3)(c)(i)

Omit “(not being a post office box)”.

49  Subsections 328(5) and (6)

Repeal the subsections, substitute:

             (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.

electoral advertisement, handbill, pamphlet, poster or notice means an advertisement, handbill, pamphlet, poster or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.

electoral video recording means a video recording that contains electoral matter.

50  Subsection 354(1)

Omit all the words after “Australia”, substitute “(the Federal Court)”.

51  Subsection 354(2)

Omit “to the Federal Court of Australia or to the Supreme Court of a State or Territory, that Court”, substitute “, the Federal Court”.

52  Subsection 354(3)

Repeal the subsection, substitute:

             (3)  The High Court may refer to the Federal Court part of a petition in respect of an election or return, being a part that consists of a question or questions of fact.

53  Subsection 354(4)

Omit “a court (the other court)”, substitute “the Federal Court”.

54  Paragraphs 354(4)(a), (b) and (c)

Omit “other court” (wherever occurring), substitute “Federal Court”.

55  Subsection 354(5)

Omit “other court”, substitute “Federal Court”.

56  Section 382

Repeal the section.

57  Subsection 383(1)

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

58  Subsection 383(1)

Omit “the court”, substitute “the Federal Court”.

59  Subsection 383(2)

Omit “a prescribed court”, substitute “the Federal Court”.

60  Subsection 383(3)

Omit “a prescribed court”, substitute “the Federal Court”.

61  Subsection 383(3)

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

62  Subsection 383(4)

Omit “A prescribed court”, substitute “The Federal Court”.

63  Subsection 383(5)

Omit “a prescribed court”, substitute “the Federal Court”.

64  Subsection 383(5)

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

65  Subsection 383(6)

Omit “a prescribed court”, substitute “the Federal Court”.

66  Subsection 383(6)

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

67  Subsection 383(7)

Omit “a prescribed court”, substitute “the Federal Court”.

68  Subsection 383(7)

Omit “the court”, substitute “the Federal Court”.

69  Subsection 383(8)

Repeal the subsection.

70  Subsection 383(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”.

71  Subsection 383(10)

Omit “a prescribed court”, substitute “the Federal Court”.

72  Subsection 383(10)

Omit “the court”, substitute “the Federal Court”.

73  Subsection 383(11)

Repeal the subsection.

74  Form E in Schedule 1

Repeal the Form, substitute:


Section 209            

FORM E

 

SENATE BALLOT PAPER
(5)
                                                                                                                  ELECTION OF (6) SENATORS

You may vote in one of two ways

 

 

 

 

 

 

 

or

 

(2)

 

 

 

 or

 

or

 

(4)

 

or

 

(2)

 

or

 

(2)

 

(2)

 

either

 
By placing the single figure 1 in one and only one of these squares to indicate the voting ticket you wish to adopt as your vote

A

B

C

D

 

F

 

 

 

 

 

 

 

 

 

 

A
(2)

B
(2)

C
(2)

D
(2)

E

F
(2)

Ungrouped

or

 

(1)
(4)

 

(1)
(4)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(4)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 

(1)
(3)

 
By placing the numbers 1 to (7) in the order of your preference

(1)
(3)

 

 

 

 

 

 

 

(1)    Here insert name of a candidate.

(2)    Here insert name of a registered political party or composite name of registered political parties if to be printed.

(3)    Here insert the name of a registered political party if to be printed.

(4)    Here insert name of a registered political party or word ‘Independent’ if to be printed.

(5)    Here insert name of State or Territory and year of election.

(6)    Here insert number of vacancies.

(7)    Here insert number of candidates.


75  Form F in Schedule 1

Repeal the Form, substitute:

Section 209         

FORM F

 

BALLOT PAPER

HOUSE OF REPRESENTATIVES

[here insert name of State or Territory as appropriate]

Electoral Division of [here insert name of Division].

Number the boxes from 1 to [here insert number of candidates] in the order of your choice

 

1
2

 

[1      Here insert name of a candidate

 2      Here insert name of a registered political

1
2

 

party, composite name of registered political parties or “Independent” if to be printed.]

1
2

 

 

1
2

 

 

Remember. . . . number every box to make your vote count.

76  Subparagraph 6(a) of Schedule 3

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 194(1A);

77  After paragraph 6 of Schedule 3

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 23 and 24 do not apply to envelopes excluded from further scrutiny because of subparagraph 6A(b).

78  Paragraph 7A of Schedule 3

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 the poll if:

                     (a)  in the case of a ballot‑paper taken to be witnessed because of subsection 194(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 polling day.

79  Paragraph 21 of Schedule 3

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


 

Part 2Transitional provisions

80  Abbreviations of party names already included in the Register

(1)        This item applies to a registered political party if:

                     (a)  immediately before this item commences, an abbreviation of the party’s name is included in the Register kept under section 125 of the Commonwealth Electoral Act 1918; and

                     (b)  the abbreviation would not be able to be included in the Register after that time because of the amendment, made by item 1 of this Schedule, of the definition of abbreviation in subsection 4(1) of that Act.

(2)        For the period of 6 months starting when this item commences, the abbreviation is taken to be within that definition. However, that 6 month period does not include:

                     (a)  the day of the issue of a writ for a Senate election or a House of Representatives election; and

                     (b)  the day on which the writ is returned; and

                     (c)  any day between those days.

(3)        If the abbreviation remains in the Register after the 6 month period ends, the Electoral Commission must remove it from the Register and give written notice to the registered officer of the party.

81  Inappropriate names already included in Rolls

(1)        This item applies if:

                     (a)  before sections 93A and 98A of the Commonwealth Electoral Act 1918 (the CEA) commence, a person’s name (the current name) is included in a Roll, or transferred to a Roll, under a provision of the CEA; and

                     (b)  a Divisional Returning Officer (the DRO) or Australian Electoral Officer (the AEO) is of the view that if he or she were considering, after sections 93A and 98A of the CEA commence, whether to cause the current name to be included in, or transferred to, the Roll under the same provision, the DRO or AEO would refuse, under either of those sections, to cause the name to be included or transferred.

(2)        If:

                     (a)  there is another name under which the person has been included in a Roll; and

                     (b)  the DRO or AEO is of the view that if he or she were considering, after sections 93A and 98A of the CEA commence, whether to cause the other name to be included in the Roll or transferred to the Roll, the DRO or AEO would not refuse, under either of those sections, to cause it to be included or transferred;

            the DRO or AEO must cause the person’s current name to be removed from the Roll and replaced with the other name. If there is more than one other name to which paragraphs (a) and (b) apply, the current name must be replaced with the other name that was most recently included in the Roll.

(3)        If there is no name to which paragraphs (2)(a) and (b) apply, the DRO or AEO must request in writing that the person provide, within 20 days after the request is made, written evidence of a name, other than the current name, by which the person is or has been generally known in the community.

(4)        If a person complies with a request under subitem (3) and the DRO or AEO:

                     (a)  is satisfied that the person is or has been generally known in the community by a name other than the current name; and

                     (b)  is of the view that if he or she were considering, after sections 93A and 98A of the CEA commence, whether to cause the name by which the person is or has been generally known in the community to be included in the Roll or transferred to the Roll, the DRO or AEO would not refuse, under either of those sections, to cause it to be included or transferred;

            the DRO or AEO must cause the person’s current name to be removed from the Roll and replaced with the name by which the person is or has been generally known in the community.

(5)        The DRO or AEO must cause a person’s current name to be removed from the Roll, without being replaced with another name, if:

                     (a)  the person fails to comply with a request under subitem (3); or

                     (b)  the person complies with a request under subitem (3) but either or both of paragraphs (4)(a) and (b) do not apply.

(6)        The DRO or AEO must give written notice to a person if the person’s current name is removed from the Roll under this item and the notice must specify whether it is replaced with another name. For the purposes of sections 120 and 121 of the CEA, the notice is taken to be a notice under subsection 98A(4) of the CEA.


 

Schedule 2Referendum (Machinery Provisions) Act 1984

  

1  Subsection 3(1) (subparagraphs (b)(ii), (iii) and (iv) of the definition of authorized witness)

Omit “part of the Queen’s dominions”, substitute “Commonwealth country”.

2  Subsection 26(1)

Omit “on the back”, substitute “on the top of the front”.

3  At the end of section 26

Add:

             (3)  To avoid doubt, this section also applies to a ballot‑paper that is a photocopy of an original ballot‑paper.

4  Subsection 45(4)

After “send”, insert “or deliver”.

5  Subsection 45(6)

Omit “to the elector, at the address mentioned in the list prepared under subsection (2),”, substitute “or deliver to the elector, at his or her latest known address,”.

6  Subsection 45(9)

Omit “to the elector, at the address mentioned in the list prepared under subsection (2),”, substitute “or deliver to the elector, at his or her latest known address,”.

7  Subsections 45(12) and (13)

After “sent” (wherever occurring), insert “or delivered”.

8  At the end of paragraph 55(1)(b)

Add “(but see subsection (3A))”.

9  After subsection 55(3)

Insert:

          (3A)  An application made outside Australia that does not meet the requirement in paragraph (1)(b) is taken to meet that requirement for the purposes of this Act if:

                     (a)  the application is accompanied by a signed statement by the applicant setting out why the applicant was unable to meet the requirement; and

                     (b)  the Assistant Returning Officer or DRO is satisfied that the applicant made reasonable efforts to comply with the requirement; and

                     (c)  the application is accompanied by a photocopy, that is certified by the applicant to be a true copy, of a part of the applicant’s passport that includes:

                              (i)  the country and date of issue and the number of the passport; and

                             (ii)  the applicant’s name, date of birth and signature; and

                            (iii)  a photograph of the applicant.

10  At the end of subsection 61(1)

Add:

Note:          An application may be taken to be properly witnessed because of subsection 55(3A).

11  After section 62

Insert:

62A  Access to electronic list of postal vote applicants

             (1)  This section only applies to postal vote applications in respect of a referendum if the voting day for the referendum is not the same as the polling day for an election.

Note:          If those days are the same, a person may be able to request a list of postal vote applicants under section 189A of the Commonwealth Electoral Act 1918.

             (2)  A request for a list, in electronic form, of the postal vote applicants may be made to the Electoral Commission by:

                     (a)  a Senator for a State or Territory if the postal vote applications are in respect of any Division in that State or Territory; or

                     (b)  a member of the House of Representatives if the postal vote applications are in respect of the Division for which he or she is a member of the House of Representatives; or

                     (c)  a registered political party if the postal vote applications are in respect of a Division in a State or Territory on the basis of which a branch or division of the party is organised.

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

 

Commonwealth of Australia

BALLOT‑PAPER

[Here insert name of State or Territory]

Referendum on proposed Constitution alteration

DIRECTIONS TO VOTER

WRITE “YES” or “NO” in the space provided opposite the question set out below.

[Here set out the title of the proposed law]

DO YOU APPROVE THIS PROPOSED ALTERATION?             

 

`

36  Form C in Schedule 1

Repeal the Form, substitute:

FORM C

 

Commonwealth of Australia

BALLOT‑PAPERS

[Here insert name of State or Territory]

Referendums on proposed Constitution alterations

DIRECTIONS TO VOTER

Write “YES” or “NO” in the space provided opposite each of the questions set out below.

__________________________________________________________

1. [Here set out the title of the first proposed law        ]

DO YOU APPROVE THIS PROPOSED ALTERATION?            

__________________________________________________________

2. [Here set out the title of the second proposed law]

DO YOU APPROVE THIS PROPOSED ALTERATION?            

 

 

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),”.

 


 

    

[Minister’s second reading speech made in—

House of Representatives on 7 March 2001

Senate on 2 April 2001]

 

(23/01)