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Electoral and Referendum Amendment Act 1995

  • - C2004A05013
  • No longer in force
Act No. 166 of 1995 as made
An Act to amend the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, and for related purposes
Administered by: Finance
Date of Assent 16 Dec 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166, 1995

Making Information
- Assented to 16 December 1995

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - TABLE OF PROVISIONS

CONTENTS
Section
1. Short title
2. Commencement
3. Amendment of the Commonwealth Electoral Act 1918
4. Amendment of the Referendum (Machinery Provisions) Act 1984
5. Entitlement to enrolment of prisoners
SCHEDULE 1
AMENDMENT OF THE COMMONWEALTH ELECTORAL ACT 1918
SCHEDULE 2
AMENDMENT OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - LONG TITLE

An Act to amend the Commonwealth Electoral Act 1918 and the
Referendum (Machinery Provisions) Act 1984,
and for related purposes

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SECT 1
Short title

1. This Act may be cited as the Electoral and Referendum Amendment Act 1995.


(Minister's second reading speech made in-
House of Representatives on 29 August 1995
Senate on 18 September 1995)

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SECT 3
Amendment of the Commonwealth Electoral Act 1918

3. The Commonwealth Electoral Act 1918 is amended as set out in Schedule 1.

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SECT 4
Amendment of the Referendum (Machinery Provisions) Act 1984

4. The Referendum (Machinery Provisions) Act 1984 is amended as set out in Schedule 2.

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SECT 5
Entitlement to enrolment of prisoners

5.(1) A person who:
(a) on the commencement of this Act is serving a sentence of imprisonment and is not enrolled; and
(b) becomes entitled to enrolment because of the amendment made by item 5 of Schedule 1; and
(c) was enrolled for a Subdivision when he or she began serving the sentence;
is entitled to be enrolled for:
(d) that Subdivision; or
(e) if that Subdivision no longer exists, the Subdivision with which the person has the closest connection.


(2) Subsection 99(3) of the Commonwealth Electoral Act 1918 does not affect subsection (1) of this section.

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SCHEDULE 1

SCHEDULE 1 Section 3
AMENDMENT OF THE COMMONWEALTH ELECTORAL ACT 1918
1. Subparagraph 35(1)(a)(i):
Omit "habitation", substitute "Roll".
2. Subsections 92(2) to (5) (inclusive):
Omit the subsections, substitute:
"(2) The Electoral Commission must cause reviews to be conducted of
the Rolls, with a view to ascertaining such information as is required
for the preparation, maintenance and revision of the Rolls.
"(3) There must be paid to the Electoral Commission, out of the
Consolidated Revenue Fund, amounts equal to the sum of the expenses
reasonably incurred by it in respect of reviews conducted under
subsection (2).".
Note: The heading to section 92 is altered by omitting "Habitation"
and substituting "Roll".
3. Subsection 92(6):
Omit "or (4)".
4. Paragraph 93(8)(a):
Add at the end "or".
5. Paragraph 93(8)(b):
Omit the paragraph, substitute:
"(b) is serving a sentence of 5 years or longer for an offence
against the law of the Commonwealth or of a State or Territory; or".
6. Subsections 94(1) and (2):
Omit the subsections, substitute:
"(1) An elector who:
(a) is enrolled for a particular Subdivision of a Division; and

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(b) has ceased to reside in Australia, or intends to cease to reside
in Australia; and
(c) intends to resume residing in Australia (whether in that
Subdivision or elsewhere) not later than 3 years after ceasing to
reside in Australia;
may apply in writing to be treated as an eligible overseas elector.
The application must be made to the Divisional Returning Officer for
that Division.
"(1A) An application that is made while the elector still resides in
Australia must be made within 3 months before the elector intends to
cease to reside in Australia.
"(1B) An application that is made after the elector ceased to reside
in Australia must be made within 1 year after the day on which the
elector ceased to reside in Australia.
"(2) Where an application is made under subsection (1):
(a) the Divisional Returning Officer must annotate the Roll so as to
indicate that the elector is an eligible overseas elector; and
(b) subject to this section, the elector is entitled to be treated
as an eligible overseas elector from the time when the annotation is
made until it is cancelled.".
7. Subsection 94(3):
Omit "subsection (1)", substitute "subsection (2)".
8. Paragraph 94(5)(a):
Omit "one month", substitute "3 months".
9. Subsection 94(6):
Omit "1 month", substitute "3 months".
10. After subsection 94(6):
Insert:
"(6A) Paragraph (5)(a) and subsection (6) do not apply to a person
who is an eligible overseas elector whose application under subsection
(1) was made after the person ceased to reside in Australia.".
11. Subsection 94(7):
Omit the subsection, substitute:
"(7) If a person who is an eligible overseas elector again becomes
resident in Australia within 3 years after ceasing to reside in
Australia, the person ceases to be entitled to be treated as an
eligible overseas elector at the end of 1 month after the day on which
he or she again became resident in Australia.".
12. Subsection 94(14):
Omit "subsection (1)" (wherever occurring), substitute "subsection
(2)".
13. Subsection 94(15):
Omit "subsection (1) is", substitute "subsection (2) is".
14. Subsection 95(4):
Omit "6 o'clock in the afternoon", substitute "8 p.m.".
15. Subsection 96(4):
Omit "6 o'clock in the afternoon", substitute "8 p.m.".
16. Subsection 102(2A):
Omit "6 o'clock in the afternoon of", substitute "8 p.m. on".
17. Subsection 102(4):
Omit "6 o'clock in the afternoon of", substitute "8 p.m. on".
18. Section 109:
Omit "and are under sentence for any offence punishable by
imprisonment for 5 years or longer", substitute "and are serving a
sentence of 5 years or longer for any offence".
19. After section 111:
Insert:
Claims may be sent by fax
"111A.(1) A claim under this Part that is to be sent to an
Australian Electoral Officer or a DRO may be sent by fax machine. This
subsection does not apply to a provisional claim under section 99A or
to a claim that is accompanied by a request under section 104.
"(2) If a claim is sent by a fax machine in accordance with
subsection (1), references in this Act to the claim include references
to the fax received by the Australian Electoral Officer or the DRO.".
20. Section 173:
Omit "to the candidate, or to some person authorized by the candidate
in writing to receive it", substitute "in accordance with subsection
(2) or (3)".
21. Section 173:
Add at the end:
"(2) If the candidate was nominated under subsection 167(3) and the
deposit was paid by a person other than the candidate, the deposit
must be returned to the person who paid it, or to a person authorised
in writing by the person who paid it.
"(3) In all other cases, the deposit must be returned to the
candidate, or to a person authorised in writing by the candidate.".
22. Section 177:
Add at the end "in accordance with subsection (2) or (3)".
23. Section 177:

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Add at the end:
"(2) If the candidate was nominated under subsection 167(3) and the
deposit was paid by a person other than the candidate, the deposit
must be returned to the person who paid it, or to a person authorised
in writing by the person who paid it.
"(3) In all other cases, the deposit must be returned to the
candidate, or to a person authorised in writing by the candidate.
"(4) The withdrawal of consent by a candidate who was one of a
number nominated under subsection 167(3) does not affect the
nomination of the other candidates so nominated.".
24. Section 178:
Omit "to his or her personal representatives", substitute "in
accordance with subsection (2) or (3)".
25. Section 178:
Add at the end:
"(2) If the candidate was nominated under subsection 167(3) and the
deposit was paid by a person other than the candidate, the deposit
must be returned to the person who paid it, or to a person authorised
in writing by the person who paid it.
"(3) In all other cases, the deposit must be returned to the
personal representative of the candidate.".
26. Section 180:
Add at the end:
"(3) If a candidate who was one of a number nominated under
subsection 167(3) dies before the nominations have been declared, that
death does not affect the nomination of the other candidates so
nominated.".
27. After paragraph 184A(2)(c):
Insert:
"(ca) because the applicant will be at a place (other than a
hospital) caring for a person who is seriously ill or infirm, the
applicant is unable to travel from that place to a polling place;".
28. Section 185A:
Repeal the section.
29. Subsection 186(1):
Omit the subsection, substitute:
"(1) As soon as a DRO for a Division receives ballot-papers for a
Senate election or a House of Representatives election, or both, as
the case may be, the DRO must send postal voting papers to each
registered general postal voter for the Division.".
30. Subsection 186(2):
Omit the subsection, substitute:
"(2) In this section:
postal voting papers means:
(a) a postal vote certificate printed on an envelope addressed to
the DRO; and
(b) one postal ballot-paper for a Senate election or one postal
ballot-paper for a House of Representatives election, or both, as the
case requires.".
Note: The heading to section 186 is altered by omitting "electoral
materials" and substituting "postal voting papers".
31. Subsection 200D(6):
Omit "for which the elector is enrolled", substitute "in which the
elector is making the application".
32. Subsection 227(4):
Omit the subsection, substitute:
"(4) The Electoral Commission:
(a) may, by notice published in the Gazette, determine the places
that teams will visit for the purposes of this section; and
(b) must take such steps as it thinks fit to give public notice of:
(i) the places determined under paragraph (a); and
(ii) the days and times when teams will visit for the purposes of
this section.".


33. Subsection 227(5):
Omit "determined under subsection (4)", substitute "notified under
paragraph (4)(b)".
34. Subsection 227(6):
Omit "determined under subsection (4)", substitute "notified under
paragraph (4)(b)".
35. After subsection 234(1):
Insert:
"(1A) A presiding officer who is visiting a patient under section
224 or 225 for the purpose of taking the patient's vote must explain
to the patient the effect of subsection (1) of this section.".
36. After section 288:
Insert:
Principal agents
"288A.(1) For the purposes of Division 3, the political party
registered as Australian Democrats may appoint a principal agent.

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"(2) A principal agent is to be appointed by the registered officer
of the registered political party. Written notification of this
appointment is to be given to the Electoral Commission.
"(3) Where a principal agent is appointed under this section, he or
she is:
(a) to receive any amount payable under section 299; and
(b) to report expenditure of funds received under section 299 as if
the expenditure were electoral expenditure under section 309.
"(4) Subject to subsection (5), a principal agent is not to be taken
to be an agent for the purposes of this Act.
"(5) A principal agent is to be taken to be an agent for the
purposes of Division 2 other than sections 288, 289 and 292B.".
37. Subsection 299(1):
After "stood for election", add "or, where section 288A applies, to
the principal agent of the party".
38. Paragraph 299(4)(a):
After "stood for election", insert "or where section 288A applies, to
the principal agent of the party".
39. Subsection 299(5A):
Omit "registered political party" (wherever occurring), substitute
"party".
40. Subsection 299(5A):
Add at the end the following sentence:
"In this subsection, party means a registered political party or a
State branch of a registered political party.".
41. Subsection 299(5B):
Omit "registered officer" (wherever occurring), substitute "agent".
42. Paragraph 299(5B)(a):
Omit "registered political parties", substitute "parties".
43. Paragraph 299(5B)(b):
Omit "political parties", substitute "parties".
44. Section 356:
Omit "$100", substitute "$500".
45. Section 370:
Repeal the section, substitute:
Representation of parties before Court
"370. A party to the petition may appear in person or be represented
by counsel or solicitor.".
46. After paragraph 3 of Schedule 3:
Insert:
"3A. For each postal vote certificate not dealt with under paragraph
3, the DRO must compare the signature of the elector on the postal
vote certificate with the signature of the elector on:
(a) the elector's application for registration as a general postal
voter; or
(b) the elector's application for enrolment or transfer of
enrolment;
and allow the scrutineers to inspect both signatures.".
47. Subparagraph 6(a) of Schedule 3:
Omit "to an elector under paragraph 186(2)(a)", substitute "under
section 186 to a registered general postal voter who was registered on
the ground specified in paragraph 184A(2)(e) or (f)".

ELECTORAL AND REFERENDUM AMENDMENT ACT 1995 No. 166 of 1995 - SCHEDULE 2

SCHEDULE 2 Section 4
AMENDMENT OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984
1. Paragraph 4(2)(a):
Omit "6 o'clock in the afternoon of", substitute "8 p.m. on".
2. After subsection 36(1):
Insert:
"(1A) A presiding officer who is visiting a patient under section 48
or 49 for the purpose of taking the patient's vote must explain to the
patient the effect of subsection (1) of this section.".
3. Subsection 51(4):
Omit the subsection, substitute:
"(4) The Electoral Commission:
(a) may, by notice published in the Gazette, determine the places
that teams will visit for the purposes of this section; and
(b) must take such steps as it thinks fit to give public notice of:
(i) the places determined under paragraph (a); and
(ii) the days and times when teams will visit for the purposes of
this section.".
4. Subsection 51(5):
Omit "determined under subsection (4)", substitute "notified under
paragraph (4)(b)".
5. Subsection 51(6):
Omit "determined under subsection (4)", substitute "notified under
paragraph (4)(b)".
6. Section 57:
Repeal the section.
7. Subsection 58(2):
Omit the subsection, substitute:
"(2) In this section:
postal voting papers means:
(a) a postal vote certificate printed on an envelope addressed to
the DRO; and
(b) a postal-ballot paper.".
Note: The heading to section 58 is altered by omitting "voting
materials" and substituting "postal voting papers".
8. Subsection 73B(6):
Omit "for which the elector is enrolled", substitute "in which the
elector is making the application".
9. After paragraph 3 of Schedule 4:
Insert:
"3A. For each postal vote certificate not dealt with under paragraph
3, the DRO must compare the signature of the elector on the postal
vote certificate with the signature of the elector on:
(a) the elector's application for registration as a general postal
voter under the Commonwealth Electoral Act 1918; or
(b) the elector's application for enrolment or transfer of enrolment
under the Commonwealth Electoral Act 1918;
and allow the scrutineers to inspect both signatures.".
10. Subparagraph 6(a) of Schedule 4:
Omit "to an elector under paragraph 58(2)(a)", substitute "under
section 58 to a registered general postal voter who was registered on
the ground specified in paragraph 184A(2)(e) or (f) of the
Commonwealth Electoral Act 1918".