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Act No. 109 of 2010 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 (Pre-poll Voting and Other Measures) Bill 2010
Registered 16 Jul 2010
Date of Assent 14 Jul 2010
Table of contents.

 

 

 

 

 

 

Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010

 

No. 109, 2010

 

 

 

 

 

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

  

  


Contents

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

2............ Commencement................................................................................... 2

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

Schedule 1—Amendments relating to pre‑poll votes                                        3

Part 1—Amendments                                                                                                    3

Commonwealth Electoral Act 1918                                                                         3

Referendum (Machinery Provisions) Act 1984                                                    14

Part 2—Application of amendments                                                                   26

Schedule 2—Amendments relating to processing of enrolments            27

Part 1—Amendments                                                                                                  27

Commonwealth Electoral Act 1918                                                                       27

Referendum (Machinery Provisions) Act 1984                                                    52

Part 2—Transitional, application and saving provisions                            54

Schedule 3—Amendments relating to nomination of candidates           55

Part 1—Amendments                                                                                                  55

Commonwealth Electoral Act 1918                                                                       55

Part 2—Application of amendments                                                                   57

Schedule 4—Electronic voting                                                                                      58

Part 1—Amendments                                                                                                  58

Commonwealth Electoral Act 1918                                                                       58

Referendum (Machinery Provisions) Act 1984                                                    60

Part 2—Application of amendments                                                                   63

 


 

 

Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010

No. 109, 2010

 

 

 

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

[Assented to 14 July 2010]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 July 2010

2.  Schedule 1

The day this Act receives the Royal Assent.

14 July 2010

3.  Schedule 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

19 July 2010

(see F2010L02126)

4.  Schedules 3 and 4

The day this Act receives the Royal Assent.

14 July 2010

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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 1Amendments relating to pre‑poll votes

Part 1Amendments

Commonwealth Electoral Act 1918

1  Subsection 4(1) (definition of Compartment)

Repeal the definition, substitute:

compartment means:

                     (a)  in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and

                     (b)  in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE.

Note:          For the places at which pre‑poll ordinary voting is available, see section 200DD.

2  Subsection 4(1) (paragraph (b) of the definition of declaration vote)

After “pre‑poll”, insert “declaration”.

3  Subsection 4(1)

Insert:

pre‑poll declaration vote: see subsection 200AA(2).

4  Subsection 4(1)

Insert:

pre‑poll ordinary vote: see subsection 200AA(2).

5  Subsection 99B(1) (note)

Omit “a postal, pre‑poll, absent or provisional vote”, substitute “a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote”.

6  Before section 200A

Insert:

Division 1Introduction

200AA  Guide to this Part

             (1)  This Part deals with pre‑poll votes.

             (2)  There are 2 different kinds of pre‑poll vote:

                     (a)  a pre‑poll ordinary vote, which is a vote made in accordance with Division 3; and

                     (b)  a pre‑poll declaration vote, which is a vote made in accordance with Division 4.

             (3)  General matters relevant to both kinds of pre‑poll vote are set out in Division 2.

Division 2General matters

7  At the end of subsection 200A(2)

Add:

Note:          A person who is provisionally enrolled is not entitled to vote by pre‑poll ordinary vote: see paragraph 200DG(2)(f).

8  Subsection 200A(3)

After “this Part”, insert “(other than Division 3)”.

9  After subsection 200BA(1)

Insert:

          (1A)  The Electoral Commission may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre‑poll voting office located in a Division is a place at which pre‑poll ordinary voting is available to voters enrolled for one or more specified other Divisions.

Note:          For voters enrolled for a particular Division, pre‑poll ordinary voting is also available at pre‑poll voting offices located in the Division or in the office of the DRO for the Division (see section 200DD).

10  After subsection 200BA(3)

Insert:

          (3A)  If the Electoral Commission makes a declaration under subsection (1A), the Electoral Commission must cause a copy of the declaration to be published in the Gazette.

11  Subsection 200BA(4)

After “subsection (1)”, insert “or (1A)”.

12  At the end of subsection 200C(1)

Add:

Note:          Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 200DD).

13  At the end of subsection 200D(3)

Add:

Note:          Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 200DD).

14  After section 200DB

Insert:

Division 3Voting by pre‑poll ordinary vote

Subdivision APreliminary

200DC  Definitions

                   In this Division:

issuing officer: see subsection 200DH(2).

pre‑poll ordinary ballot‑box: see section 200DN.

voter: see subsection 200DG(1).

voter’s Division: see paragraph 200DG(1)(b).

voting officer, in relation to a place at which pre‑poll ordinary voting is available, means a DRO, or a pre‑poll voting officer, at the place.

voting place: see paragraph 200DG(1)(b).

200DD  Where is pre‑poll ordinary voting available?

             (1)  Subject to subsections (2) and (4), for voters enrolled for a particular Division, pre‑poll ordinary voting is available at the following places:

                     (a)  any pre‑poll voting office that is located within the Division;

                     (b)  any other pre‑poll voting office that is specified, as mentioned in subsection 200BA(1A), as a place at which pre‑poll ordinary voting is available to voters enrolled for the Division;

                     (c)  the office of the DRO for the Division.

             (2)  The Electoral Commissioner may, in writing, determine that pre‑poll ordinary voting is not available at one or more specified places, either generally or as specified in the determination.

             (3)  A determination made under subsection (2) is not a legislative instrument.

             (4)  For voters enrolled for a particular Division, pre‑poll ordinary voting is not available at a particular place referred to in subsection (1) unless a copy of the certified list of voters for the Division has been delivered to the place (see subsection 208(4)).

200DE  Separate voting compartments

                   Each place at which pre‑poll ordinary voting is available must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot papers. There must be a pencil in each compartment for use by voters.

200DF  Ballot‑boxes

             (1)  Each place at which pre‑poll ordinary voting is available must be provided with the necessary ballot‑boxes.

             (2)  Each of those ballot‑boxes must be capable of being securely fastened.

Subdivision BVoting by pre‑poll ordinary vote

200DG  When is a person entitled to vote by pre‑poll ordinary vote?

             (1)  Subject to subsection (2), a person (the voter) is entitled to vote by pre‑poll ordinary vote if:

                     (a)  the voter has, in accordance with Division 2, applied for a pre‑poll vote; and

                     (b)  the voter’s name is on a copy of the certified list of voters for a particular Division (the voter’s Division) that has been delivered to the place (the voting place) at which the application is made; and

                     (c)  the voting place is a place at which pre‑poll ordinary voting is available to voters enrolled for the voter’s Division.

Note:          If the voter is not entitled to vote by pre‑poll ordinary vote, the voter may instead be able to vote by pre‑poll declaration vote under Division 4.

             (2)  The voter is not entitled to vote by pre‑poll ordinary vote if:

                     (a)  the voter does not comply with the requirements of section 200DH relating to the pre‑poll certificate for ordinary voting; or

                     (b)  the voter:

                              (i)  refuses to answer fully any question he or she is asked under section 200DI; or

                             (ii)  answers a question specified in paragraph 200DI(1)(c) in the affirmative; or

                     (c)  the issuing officer has asked the voter one or more questions under subsection 200DI(2) about matters shown, for a particular person, on a copy of the certified list of voters for the voter’s Division to establish whether the voter is that particular person, and one of the following applies:

                              (i)  the voter’s answers do not accord with the relevant information shown for that particular person on the list;

                             (ii)  the voter’s answers accord with the relevant information shown for that particular person on the list but the issuing officer is not satisfied that the person is that particular person; or

                     (d)  the voter’s name is on a copy of the certified list of voters for the voter’s Division but his or her address does not appear on the list; or

                     (e)  a mark on a copy of the certified list of voters for the voter’s Division indicates that the voter has already voted; or

                      (f)  the voter is provisionally enrolled.

200DH  Voter to complete and sign pre‑poll vote certificate for ordinary voting

             (1)  If, under subsection 200DG(1) (but disregarding subsection 200DG(2)), the voter is entitled to vote by pre‑poll ordinary vote, a voting officer must give the voter a pre‑poll vote certificate for ordinary voting.

             (2)  The voter must complete and sign the certificate and give it to a voting officer (the issuing officer).

             (3)  A pre‑poll vote certificate for ordinary voting must be in the approved form.

200DI  Questions to be put to voter

             (1)  The issuing officer must ask the voter the following questions:

                     (a)  What is your full name?

                     (b)  Where do you live?

                     (c)  Have you voted before in this election? or Have you voted before in these elections? (as the case requires).

             (2)  If the answers the voter gives to the questions in paragraphs (1)(a) and (b) do not satisfy the issuing officer that the applicant is a particular person on a copy of the certified list of voters for a particular Division, the officer may ask the voter one or more other questions about matters shown on the list for the particular person, to establish whether the voter is that particular person.

200DJ  Right of voter to receive ballot paper

             (1)  If, under section 200DG, the voter is entitled to vote by pre‑poll ordinary vote, the issuing officer must give the voter a ballot paper, duly initialled by the officer.

             (2)  The issuing officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of the voter to vote by pre‑poll ordinary vote, and must keep that record.

             (3)  The issuing officer must, immediately after giving the ballot paper to the voter, place a mark against the voter’s name on a copy of the certified list of voters for the voter’s Division.

200DK  Voter to mark vote on ballot paper

                   Except as otherwise prescribed by the regulations, the voter, upon receipt of a ballot paper under section 200DJ, must without delay:

                     (a)  go to an unoccupied compartment of the voting place and mark his or her ballot paper in private; and

                     (b)  fold the ballot paper so as to conceal his or her vote and deposit it in a ballot‑box; and

                     (c)  leave the voting place.

200DL  Assistance to certain voters

             (1)  If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter, do any of the following acts:

                     (a)  complete (but not sign) the pre‑poll vote certificate for ordinary voting;

                     (b)  read the certificate to the voter;

                     (c)  give the completed certificate to a voting officer;

                     (d)  enter an unoccupied compartment of the voting place with the voter and mark the voter’s vote on the ballot paper;

                     (e)  fold the ballot paper and deposit it in a ballot‑box.

Note:          Subject to section 336, the pre‑poll vote certificate for ordinary voting must still be signed by the voter.

             (2)  Directions under subsection (1) may be given by reference to a how‑to‑vote card.

             (3)  The other provisions of this Division have effect subject to this section.

200DM  Voter not entitled to vote again etc.

                   After the voter has, under sections 200DH and 200DJ, been given a pre‑poll vote certificate for ordinary voting and a ballot paper:

                     (a)  the voter is not entitled to remove the certificate or the ballot paper from the voting place; and

                     (b)  the voter is not entitled to vote again in the same election.

Subdivision CRequirements relating to ballot‑boxes

200DN  Subdivision sets out requirements to be complied with

                   This Subdivision sets out requirements to be complied with in relation to each ballot‑box (a pre‑poll ordinary ballot‑box) that is used for pre‑poll ordinary voting at a particular place.

200DO  Requirements to be complied with before first use of ballot‑box

                   Before a ballot‑box is first used for pre‑poll ordinary voting at the place, a voting officer, in the presence of any scrutineers, must exhibit the ballot‑box empty at the place, and then securely fasten its cover.

200DP  Requirements to be complied with at end of each day of use of ballot‑box

             (1)  At the end of each day when pre‑poll ordinary voting is available at the place, and in the presence of any scrutineers, each pre‑poll ordinary ballot‑box used on that day must be closed, fastened and sealed by a voting officer.

             (2)  After a pre‑poll ordinary ballot‑box has been sealed, it must on no account be opened except as allowed by this Act.

200DQ  Requirements to be complied with before ballot‑box used again on later day

                   If:

                     (a)  a pre‑poll ordinary ballot‑box has been sealed after use at the place on a day; and

                     (b)  the ballot‑box is to be used again on a later day for pre‑poll ordinary voting at the place;

before the ballot‑box is so used again, a voting officer, in the presence of any scrutineers, must examine the ballot‑box, and make it ready to receive ballot papers.

200DR  Forwarding of ballot‑boxes for purposes of scrutiny

             (1)  Subject to any directions under subsection (2), at the close of the poll, a voting officer must, with the least possible delay, forward each sealed pre‑poll ordinary ballot‑box for the purposes of scrutiny.

             (2)  The DRO for the Division in which the place is located may direct that one or more sealed pre‑poll ordinary ballot‑boxes at the place are to be forwarded, for the purposes of scrutiny, before the close of the poll.

             (3)  If a direction made under subsection (2) is in writing, the direction is not a legislative instrument.

Division 4Voting by pre‑poll declaration vote

200DS  Persons to whom this Division applies

                   This Division applies to a person who has, in accordance with Division 2, applied for a pre‑poll vote but who is not, under Division 3, entitled to vote by pre‑poll ordinary vote.

15  Subsection 200E(1)

Omit “The officer to whom an application for a pre‑poll vote is made”, substitute “If this Division applies to a person (the elector) who has applied for a pre‑poll vote, the officer to whom the application was made”.

Note:       The heading to section 200E is replaced by the heading “Pre‑poll declaration voting”.

16  Paragraph 200E(1)(a)

After “certificate”, insert “for declaration voting”.

17  Subsection 200E(9)

After “pre‑poll vote certificate”, insert “for declaration voting”.

18  Section 200F

After “pre‑poll vote certificate”, insert “for declaration voting”.

Note:       The heading to section 200F is altered by adding at the end “for declaration voting”.

19  Subsection 200G(1)

After “Where”, insert “, under subsection 200E(1),”.

20  Subsection 200G(1)

After “pre‑poll vote certificate”, insert “for declaration voting”.

21  Subsection 200G(2)

After “Where”, insert “, under subsection 200E(1)”.

22  Subsection 200G(2)

After “pre‑poll vote certificate”, insert “for declaration voting”.

23  Paragraph 200J(1)(a)

After “issued”, insert “under subsection 200E(1)”.

24  Section 200K

After “when”, insert “, under section 200E,”.

25  Section 200K

After “pre‑poll vote certificate”, insert “for declaration voting”.

26  Section 201

After “pre‑poll vote certificate”, insert “for declaration voting”.

27  Subsections 202(1) and (2)

After “pre‑poll”, insert “declaration”.

28  At the end of section 208

Add:

             (4)  The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre‑poll ordinary voting is, under section 200DD (but disregarding subsection 200DD(4)), available to voters enrolled for the Division.

29  Subsection 221(3)

After “section 229”, insert “or 200DI”.

30  Section 230

After “presiding officer,”, insert “or the issuing officer within the meaning of Division 3 of Part XVA,”.

31  Subsection 238(1)

After “presiding officer” (first occurring), insert “, or the issuing officer within the meaning of Division 3 of Part XVA,”.

32  Subsection 238(1)

After “presiding officer” (second occurring), insert “or issuing officer”.

33  Subsection 238(4)

Omit “cancelled at a polling place”, substitute “that have been cancelled under subsection (1) or (2)”.

34  Paragraph 268(1)(a)

After “presiding officer”, insert “or the issuing officer (within the meaning of Division 3 of Part XVA),”.

35  Paragraph 273(2)(a)

Repeal the paragraph, substitute:

                     (a)  exhibit for the inspection of the scrutineers:

                              (i)  each ballot‑box received from a presiding officer, electoral visitor or mobile polling team leader; and

                             (ii)  each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division);

36  Paragraph 273(2)(ab)

Repeal the paragraph, substitute:

                   (ab)  check the accuracy of the statement of the presiding officer, electoral visitor, mobile polling team leader or voting officer by:

                              (i)  removing the ballot papers from the box; and

                             (ii)  counting, but not inspecting, them; and

                            (iii)  recording the number of ballot papers removed from the box;

37  Paragraph 274(2)(a)

Repeal the paragraph, substitute:

                     (a)  exhibit for the inspection of the scrutineers:

                              (i)  each ballot‑box received from a presiding officer, electoral visitor or mobile polling team leader; and

                             (ii)  each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division);

38  Paragraph 274(2)(ab)

Omit “or mobile polling team leader”, substitute “, mobile polling team leader or voting officer”.

39  Paragraph 393A(1)(f)

After “certificates”, insert “(both for ordinary voting and for declaration voting)”.

Referendum (Machinery Provisions) Act 1984

40  Subsection 3(1)

Insert:

compartment means:

                     (a)  in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and

                     (b)  in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE.

Note:          For the places at which pre‑poll ordinary voting is available, see section 73CD.

41  Subsection 3(1) (paragraph (b) of the definition of declaration vote)

After “pre‑poll”, insert “declaration”.

42  Subsection 3(1)

Insert:

pre‑poll declaration vote: see subsection 71A(2).

43  Subsection 3(1)

Insert:

pre‑poll ordinary vote: see subsection 71A(2).

44  At the end of section 22

Add:

             (4)  The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre‑poll ordinary voting is, under section 73CD (but disregarding subsection 73CD(4)), available to voters enrolled for the Division.

45  Subsection 32(1)

After “presiding officer,”, insert “or the issuing officer within the meaning of Division 3 of Part IVA,”.

46  Subsection 38(1) (note 1)

Omit “a postal, pre‑poll, absent or provisional vote”, substitute “a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote”.

47  Subsection 41(1)

After “at which the person is voting”, insert “, or the issuing officer within the meaning of Division 3 of Part IVA,”.

48  Subsection 41(1)

After “presiding officer” (second occurring), insert “or issuing officer”.

49  Subsection 41(4)

Omit “cancelled at a polling place”, substitute “that have been cancelled under subsection (1) or (2)”.

50  Before section 72

Insert:

Division 1Introduction

71A  Guide to this Part

             (1)  This Part deals with pre‑poll votes.

             (2)  There are 2 different kinds of pre‑poll vote:

                     (a)  a pre‑poll ordinary vote, which is a vote made in accordance with Division 3; and

                     (b)  a pre‑poll declaration vote, which is a vote made in accordance with Division 4.

             (3)  General matters relevant to both kinds of pre‑poll vote are set out in Division 2.

Division 2General matters

51  At the end of subsection 72(2)

Add:

Note:          A person who is provisionally enrolled is not entitled to vote by pre‑poll ordinary vote: see paragraph 73CG(2)(f).

52  Subsection 72(3)

After “this Part”, insert “(other than Division 3)”.

53  After subsection 73AA(1)

Insert:

          (1A)  The Electoral Commission may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre‑poll voting office located in a Division is a place at which pre‑poll ordinary voting is available to voters enrolled for one or more specified other Divisions.

Note:          For voters enrolled for a particular Division, pre‑poll ordinary voting is also available at pre‑poll voting offices located in the Division or in the office of the DRO for the Division (see section 73CD).

54  After subsection 73AA(3)

Insert:

          (3A)  If the Electoral Commission makes a declaration under subsection (1A), the Electoral Commission must cause a copy of the declaration to be published in the Gazette.

55  Subsection 73AA(4)

After “subsection (1)”, insert “or (1A)”.

56  At the end of subsection 73A(1)

Add:

Note:          Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 73CD).

57  At the end of subsection 73B(3)

Add:

Note:          Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 73CD).

58  After paragraph 73C(a)

Insert:

                    (aa)  the specification of a place in accordance with subsection 200BA(1A) of the Commonwealth Electoral Act 1918 is to be regarded as having been made in relation to the place in accordance with subsection 73AA(1A) of this Act for the purposes of the referendum;

                   (ab)  a determination made in relation to a place in accordance with subsection 200DD(2) of the Commonwealth Electoral Act 1918 is to be regarded as having been made in relation to the place in accordance with subsection 73CD(2) of this Act for the purposes of the referendum;

59  Paragraph 73C(c)

Repeal the paragraph, substitute:

                     (c)  a pre‑poll vote certificate for ordinary voting for the purposes of the election also has effect as a pre‑poll vote certificate for ordinary voting for the purposes of the referendum;

                    (ca)  a pre‑poll vote certificate for declaration voting for the purposes of the election also has effect as a pre‑poll vote certificate for declaration voting for the purposes of the referendum;

60  After section 73CB

Insert:

Division 3Voting by pre‑poll ordinary vote

Subdivision APreliminary

73CC  Definitions

                   In this Division:

issuing officer: see subsection 73CH(2).

pre‑poll ordinary ballot‑box: see section 73CN.

voter: see subsection 73CG(1).

voter’s Division: see paragraph 73CG(1)(b).

voting officer, in relation to a place at which pre‑poll ordinary voting is available, means a DRO, or a pre‑poll voting officer, at the place.

voting place: see paragraph 73CG(1)(b).

73CD  Where is pre‑poll ordinary voting available?

             (1)  Subject to subsections (2) and (4), for voters enrolled for a particular Division, pre‑poll ordinary voting is available at the following places:

                     (a)  any pre‑poll voting office that is located within the Division;

                     (b)  any other pre‑poll voting office that is specified, as mentioned in subsection 73AA(1A), as a place at which pre‑poll ordinary voting is available to voters enrolled for the Division;

                     (c)  the office of the DRO for the Division.

             (2)  The Electoral Commissioner may, in writing, determine that pre‑poll ordinary voting is not available at one or more specified places, either generally or as specified in the determination.

             (3)  A determination made under subsection (2) is not a legislative instrument.

             (4)  For voters enrolled for a particular Division, pre‑poll ordinary voting is not available at a particular place referred to in subsection (1) unless a copy of the certified list of voters for the Division has been delivered to the place (see subsection 22(4)).

73CE  Separate voting compartments

                   Each place at which pre‑poll ordinary voting is available must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot‑papers. There must be a pencil in each compartment for use by voters.

73CF  Ballot‑boxes

             (1)  Each place at which pre‑poll ordinary voting is available must be provided with the necessary ballot‑boxes.

             (2)  Each of those ballot‑boxes must be capable of being securely fastened.

Subdivision BVoting by pre‑poll ordinary vote

73CG  When is a person entitled to vote by pre‑poll ordinary vote?

             (1)  Subject to subsection (2), a person (the voter) is entitled to vote by pre‑poll ordinary vote if:

                     (a)  the voter has, in accordance with Division 2, applied for a pre‑poll vote; and

                     (b)  the voter’s name is on a copy of the certified list of voters for a particular Division (the voter’s Division) that has been delivered to the place (the voting place) at which the application is made; and

                     (c)  the voting place is a place at which pre‑poll ordinary voting is available to voters enrolled for the voter’s Division.

Note:          If the voter is not entitled to vote by pre‑poll ordinary vote, the voter may instead be able to vote by pre‑poll declaration vote under Division 4.

             (2)  The voter is not entitled to vote by pre‑poll ordinary vote if:

                     (a)  the voter does not comply with the requirements of section 73CH relating to the pre‑poll certificate for ordinary voting; or

                     (b)  the voter:

                              (i)  refuses to answer fully any question he or she is asked under section 73CI; or

                             (ii)  answers a question specified in paragraph 73CI(1)(c) or subsection 73CI(4) in the affirmative; or

                     (c)  the issuing officer has asked the voter one or more questions under subsection 73CI(2) about matters shown, for a particular person, on a copy of the certified list of voters for the voter’s Division to establish whether the voter is that particular person, and one of the following applies:

                              (i)  the voter’s answers do not accord with the relevant information shown for that particular person on the list;

                             (ii)  the voter’s answers accord with the relevant information shown for that particular person on the list but the issuing officer is not satisfied that the person is that particular person; or

                     (d)  the voter’s name is on a copy of the certified list of voters for the voter’s Division but his or her address does not appear on the list; or

                     (e)  a mark on a copy of the certified list of voters for the voter’s Division indicates that the voter has already voted; or

                      (f)  the voter is provisionally enrolled.

73CH  Voter to complete and sign pre‑poll vote certificate for ordinary voting

             (1)  If, under subsection 73CG(1) (but disregarding subsection 73CG(2)), the voter is entitled to vote by pre‑poll ordinary vote, a voting officer must give the voter a pre‑poll vote certificate for ordinary voting.

             (2)  The voter must complete and sign the certificate and give it to a voting officer (the issuing officer).

             (3)  A pre‑poll vote certificate for ordinary voting must be in the approved form.

73CI  Questions to be put to voter

             (1)  The issuing officer must ask the voter the following questions:

                     (a)  What is your full name?

                     (b)  Where do you live?

                     (c)  Have you voted before in this referendum? or Have you voted before in these referendums? (as the case requires).

             (2)  If the answers the voter gives to the questions in paragraphs (1)(a) and (b) do not satisfy the issuing officer that the applicant is a particular person on a copy of the certified list of voters for a particular Division, the officer may ask the voter one or more other questions about matters shown on the list for the particular person, to establish whether the voter is that particular person.

If election is held on same day

             (3)  If the voting day for a referendum is the same as that fixed for the polling at an election, the answers by the voter under section 200DI of the Commonwealth Electoral Act 1918 for the purposes of the election may, if they are satisfactory as regards the election, be accepted as sufficient to enable the person to vote at the referendum.

             (4)  If the issuing officer accepts, pursuant to subsection (3), the answers by the voter to the questions referred to in that subsection as sufficient to enable the person to vote at a referendum, the officer may, if he or she thinks fit, put to the voter the following question, namely, Have you already voted, either here or elsewhere, at this referendum (or these referendums, as the case requires)?

73CJ  Right of voter to receive ballot‑paper

             (1)  If, under section 73CG, the voter is entitled to vote by pre‑poll ordinary vote, the issuing officer must give the voter a ballot‑paper, duly initialled by the officer.

             (2)  The issuing officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of the voter to vote by pre‑poll ordinary vote, and must keep that record.

             (3)  The issuing officer must, immediately after giving the ballot‑paper to the voter, place a mark against the voter’s name on a copy of the certified list of voters for the voter’s Division.

73CK  Voter to mark vote on ballot‑paper

                   Except as otherwise prescribed by the regulations, the voter, upon receipt of a ballot‑paper under section 73CJ, must without delay:

                     (a)  go to an unoccupied compartment of the voting place and mark his or her ballot‑paper in private; and

                     (b)  fold the ballot‑paper so as to conceal his or her vote and deposit it in a ballot‑box; and

                     (c)  leave the voting place.

73CL  Assistance to certain voters

             (1)  If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter, do any of the following acts:

                     (a)  complete (but not sign) the pre‑poll vote certificate for ordinary voting;

                     (b)  read the certificate to the voter;

                     (c)  give the completed certificate to a voting officer;

                     (d)  enter an unoccupied compartment of the voting place with the voter and mark the voter’s vote on the ballot‑paper;

                     (e)  fold the ballot‑paper and deposit it in a ballot‑box.

Note:          Subject to section 127, the pre‑poll vote certificate for ordinary voting must still be signed by the voter.

             (2)  Directions under subsection (1) may be given by reference to a how‑to‑vote card.

             (3)  The other provisions of this Division have effect subject to this section.

73CM  Voter not entitled to vote again etc.

                   After the voter has, under sections 73CH and 73CJ, been given a pre‑poll vote certificate for ordinary voting and a ballot‑paper:

                     (a)  the voter is not entitled to remove the certificate or the ballot‑paper from the voting place; and

                     (b)  the voter is not entitled to vote again in the same referendum.

Subdivision CRequirements relating to ballot‑boxes

73CN  Subdivision sets out requirements to be complied with

                   This Subdivision sets out requirements to be complied with in relation to each ballot‑box (a pre‑poll ordinary ballot‑box) that is used for pre‑poll ordinary voting at a particular place.

73CO  Requirements to be complied with before first use of ballot‑box

                   Before a ballot‑box is first used for pre‑poll ordinary voting at the place, a voting officer, in the presence of any scrutineers, must exhibit the ballot‑box empty at the place, and then securely fasten its cover.

73CP  Requirements to be complied with at end of each day of use of ballot‑box

             (1)  At the end of each day when pre‑poll ordinary voting is available at the place, and in the presence of any scrutineers, each pre‑poll ordinary ballot‑box used on that day must be closed, fastened and sealed by a voting officer.

             (2)  After a pre‑poll ordinary ballot‑box has been sealed, it must on no account be opened except as allowed by this Act.

73CQ  Requirements to be complied with before ballot‑box used again on later day

                   If:

                     (a)  a pre‑poll ordinary ballot‑box has been sealed after use at the place on a day; and

                     (b)  the ballot‑box is to be used again on a later day for pre‑poll ordinary voting at the place;

before the ballot‑box is so used again, a voting officer, in the presence of any scrutineers, must examine the ballot‑box, and make it ready to receive ballot‑papers.

73CR  Forwarding of ballot‑boxes for purposes of scrutiny

             (1)  Subject to any directions under subsection (2), at the close of the poll, a voting officer must, with the least possible delay, forward each sealed pre‑poll ordinary ballot‑box for the purposes of scrutiny.

             (2)  The DRO for the Division in which the place is located may direct that one or more sealed pre‑poll ordinary ballot‑boxes at the place are to be forwarded, for the purposes of scrutiny, before the close of the poll.

             (3)  If a direction made under subsection (2) is in writing, the direction is not a legislative instrument.

Division 4Voting by pre‑poll declaration vote

73CS  Persons to whom this Division applies

                   This Division applies to a person who has, in accordance with Division 2, applied for a pre‑poll vote but who is not, under Division 3, entitled to vote by pre‑poll ordinary vote.

61  Subsection 73D(1)

Omit “The officer to whom an application for a pre‑poll vote is made”, substitute “If this Division applies to a person (the elector) who has applied for a pre‑poll vote, the officer to whom the application was made”.

Note:       The heading to section 73D is replaced by the heading “Pre‑poll declaration voting”.

62  Subsection 73D(1)

After “certificate”, insert “for declaration voting”.

63  Subsection 73D(9)

After “pre‑poll vote certificate”, insert “for declaration voting”.

64  Section 73E

After “pre‑poll vote certificate”, insert “for declaration voting”.

Note:       The heading to section 73E is altered by adding at the end “for declaration voting”.

65  Subsection 73F(1)

After “Where”, insert “, under subsection 73D(1),”.

66  Subsection 73F(1)

After “pre‑poll vote certificate”, insert “for declaration voting”.

67  Subsection 73F(2)

After “Where”, insert “, under subsection 73D(1)”.

68  Subsection 73F(2)

After “pre‑poll vote certificate”, insert “for declaration voting”.

69  Paragraph 73H(1)(a)

After “issued”, insert “under subsection 73D(1)”.

70  Section 73J

After “when”, insert “, under section 73D,”.

71  Section 73J

After “pre‑poll vote certificate”, insert “for declaration voting”.

72  Section 73K

After “pre‑poll vote certificate”, insert “for declaration voting”.

73  At the end of subparagraph 90(1)(e)(i)

Add “, and each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part IVA) received from a voting officer (within the meaning of that Division)”.

74  Subparagraph 90(1)(e)(iii)

Omit “or electoral visitor”, substitute “, electoral visitor or voting officer”.

75  Paragraph 93(1)(a)

After “presiding officer”, insert “or the issuing officer (within the meaning of Division 3 of Part IVA),”.

76  Paragraph 142A(1)(f)

After “certificates”, insert “(both for ordinary voting and for declaration voting)”.

Part 2Application of amendments

77  Application of amendments

(1)       The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

(2)       However, the amendments do not apply to any by‑election that is held before the first general election to which the amendments apply.


 

Schedule 2Amendments relating to processing of enrolments

Part 1Amendments

Commonwealth Electoral Act 1918

1  Subsection 4(1) (at the end of the definition of officer)

Add “, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under subsection 28(2)”.

2  Section 28

Before “The”, insert “(1)”.

3  At the end of section 28

Add:

Delegation of enrolment powers and functions

             (2)  The Electoral Commissioner may, in writing, delegate all or any of his or her enrolment powers and functions to any of the following:

                     (a)  any officer;

                     (b)  any other member of the staff of the Electoral Commission.

Note:          The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.

             (3)  In exercising powers or performing functions delegated under subsection (2), the delegate must comply with any directions of the Electoral Commissioner.

             (4)  In subsection (2):

enrolment powers and functions means the powers and functions of the Electoral Commissioner under the following provisions:

                     (a)  sections 86 and 87;

                     (b)  the provisions of Parts VII, VIII, IX and X;

                     (c)  sections 184A to 185C;

                     (d)  section 249.

4  Subsection 86(3)

Omit “relevant officer” (wherever occurring), substitute “Electoral Commissioner”.

5  Subsection 86(4)

Repeal the subsection.

6  Section 87

Omit all the words from and including “Upon” to and including “shall:”, substitute “If a new Roll for a Subdivision is prepared, the Electoral Commissioner must:”.

7  Subsection 93A(2)

Omit “A Divisional Returning Officer or Australian Electoral Officer”, substitute “The Electoral Commissioner”.

8  Subsection 93A(2)

Omit “Divisional Returning Officer or Australian Electoral Officer” (second occurring), substitute “Electoral Commissioner”.

9  Subsection 93A(3)

Omit “A Divisional Returning Officer or Australian Electoral Officer”, substitute “The Electoral Commissioner”.

10  Subsection 93A(4)

Omit “A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person’s name in a Roll”, substitute “If the Electoral Commissioner decides under this section to refuse to include a person’s name in a Roll, the Electoral Commissioner”.

11  Subsection 94(1)

Omit “Divisional Returning Officer for that Division”, substitute “Electoral Commissioner”.

12  Paragraph 94(2)(a)

Omit “Divisional Returning Officer”, substitute “Electoral Commissioner”.

13  Subsection 94(4)

Omit “Divisional Returning Officer for a Division”, substitute “Electoral Commissioner”.

14  Subsection 94(4)

Omit “Divisional Returning Officer” (second occurring), substitute “Electoral Commissioner”.

15  Subsection 94(5)

Omit “Divisional Returning Officer to whom the application was made”, substitute “Electoral Commissioner”.

16  Subsection 94(8)

Omit “Divisional Returning Officer for the Division for which he or she is enrolled”, substitute “Electoral Commissioner”.

17  Subsection 94(8)

Omit “Divisional Returning Officer to whom the application is made”, substitute “Electoral Commissioner”.

18  Subsection 94(9)

Omit “Divisional Returning Officer for the Division for which he or she is enrolled”, substitute “Electoral Commissioner”.

19  Subsection 94(9)

Omit “Divisional Returning Officer to whom the application is made”, substitute “Electoral Commissioner”.

20  Subsection 94(11)

Omit “Divisional Returning Officer for the Division for which he or she is enrolled”, substitute “Electoral Commissioner”.

21  Subsection 94(14)

Omit “Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (2) has been made”, substitute “Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (2) and the Electoral Commissioner”.

22  Subsection 94(14)

Omit “DRO”, substitute “Electoral Commissioner”.

23  Paragraph 94(15)(a)

Omit “Divisional Returning Officer to whom the application was made”, substitute “Electoral Commissioner”.

24  Paragraph 94(15)(a)

Omit “Divisional Returning Officer” (second occurring), substitute “Electoral Commissioner”.

25  Subsection 94A(1)

Omit “Australian Electoral Officer for a State for enrolment for a Subdivision in that State”, substitute “Electoral Commissioner for enrolment for a Subdivision”.

26  Paragraph 94A(2A)(b)

Omit “Australian Electoral Officer”, substitute “Electoral Commissioner”.

27  Subsection 94A(3)

Omit “Australian Electoral Officer must cause the person’s name to be added”, substitute “Electoral Commissioner must add the person’s name”.

28  Paragraph 94A(4)(a)

Omit “an Australian Electoral Officer”, substitute “the Electoral Commissioner”.

29  Subsection 94A(5)

Omit “Australian Electoral Officer”, substitute “Electoral Commissioner”.

30  Paragraph 94A(5)(b)

Omit “Australian Electoral Officer’s”, substitute “Electoral Commissioner’s”.

31  Subsection 94A(6)

Omit “Australian Electoral Officer must forward the application to the relevant Divisional Returning Officer, who”, substitute “Electoral Commissioner”.

32  Subsection 95(1)

Omit “Divisional Returning Officer for the Division that includes the relevant Subdivision”, substitute “Electoral Commissioner”.

33  Subsection 95(1)

Omit “Divisional Returning Officer to whom the application is made”, substitute “Electoral Commissioner”.

34  Paragraph 95(2A)(b)

Omit “Divisional Returning Officer”, substitute “Electoral Commissioner”.

35  Subsection 95(4)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

36  Subsection 95(4)

Omit “the Division”, substitute “a Division”.

37  Subsection 95(4)

After “Subdivision”, insert “of that Division”.

38  Subsection 95(5)

Omit “Divisional Returning Officer”, substitute “Electoral Commissioner”.

39  Paragraph 95(5)(c)

Omit “Divisional Returning Officer’s”, substitute “Electoral Commissioner’s”.

40  Subsection 95(6)

Omit “Divisional Returning Officer to whom the application under subsection (1) to be treated as an eligible overseas elector was made”, substitute “Electoral Commissioner”.

41  Subsection 95(8)

Omit “Divisional Returning Officer for the Division for which he or she is enrolled”, substitute “Electoral Commissioner”.

42  Subsection 95(8)

Omit “Divisional Returning Officer to whom the application is made”, substitute “Electoral Commissioner”.

43  Subsection 95(9)

Omit “Divisional Returning Officer for the Division for which he or she is enrolled”, substitute “Electoral Commissioner”.

44  Subsection 95(9)

Omit “Divisional Returning Officer to whom the application is made”, substitute “Electoral Commissioner”.

45  Subsection 95(11)

Omit “Divisional Returning Officer for the Division for which he or she is enrolled”, substitute “Electoral Commissioner”.

46  Subsection 95(14)

Omit “Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (1) has been made”, substitute “Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (1) and the Electoral Commissioner”.

47  Subsection 95(14)

Omit “DRO”, substitute “Electoral Commissioner”.

48  Paragraph 95(15)(a)

Omit “Divisional Returning Officer to whom the application was made”, substitute “Electoral Commissioner”.

49  Paragraph 95(15)(a)

Omit “Divisional Returning Officer” (second occurring), substitute “Electoral Commissioner”.

50  Section 95AB

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

51  Subsection 95AC(1)

Omit “A Divisional Returning Officer who, under section 95AA, causes the name of a person to be added to the Roll”, substitute “If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under section 95AA, the Electoral Commissioner”.

52  Subsection 95AC(2)

Repeal the subsection, substitute:

             (2)  The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors to whom an annotation under subsection (1) applies. Upon completion of the review, the Electoral Commissioner may make such alterations to the Roll as he or she thinks necessary to ensure that persons on that Roll under section 95AA are entitled to be so.

53  Subsection 96(1)

Omit “Australian Electoral Officer for a State for enrolment under this section for a Subdivision in that State”, substitute “Electoral Commissioner for enrolment under this section for a Subdivision”.

54  Subsection 96(2A)

Omit “Australian Electoral Officer shall cause the name of the applicant to be added”, substitute “Electoral Commissioner must add the name of the applicant”.

55  Subsection 96(2B)

Omit “Australian Electoral Officer”, substitute “Electoral Commissioner”.

56  Subsection 96(4)

Omit “an Australian Electoral Officer”, substitute “the Electoral Commissioner”.

57  Subsection 96(5)

Omit “an Australian Electoral Officer”, substitute “the Electoral Commissioner”.

58  Subsection 96(5)

Omit “Australian Electoral Officer” (second occurring), substitute “Electoral Commissioner”.

59  Subsection 96(6)

Repeal the subsection, substitute:

             (6)  If the Electoral Commissioner refuses an application made by a person under subsection (1), the notice under subsection (5) must also include notice of the person’s right to apply for review under Part X.

60  Subsection 96(7)

Omit “Australian Electoral Officer to whom the application under subsection (1) was made”, substitute “Electoral Commissioner”.

61  Subsection 96(10)

Omit “Where the Australian Electoral Officer who has caused the name of a person to be added to the Roll for a Subdivision of a Division under this section”, substitute “If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner”.

62  Paragraphs 96(10)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); or

                     (b)  in any other case—cancel the enrolment of the person on the Roll for the Subdivision.

63  Paragraph 96(11)(a)

Repeal the paragraph, substitute:

                     (a)  where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner must not add the name to the Roll under this section or make the annotation; or

64  Section 97

Repeal the section, substitute:

97  Application of Part to Australian Capital Territory and Northern Territory

                   This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.

65  Subsection 98A(2)

Omit “A Divisional Returning Officer or Australian Electoral Officer”, substitute “The Electoral Commissioner”.

66  Subsection 98A(2)

Omit “Divisional Returning Officer or Australian Electoral Officer” (second occurring), substitute “Electoral Commissioner”.

67  Subsection 98A(3)

Omit “A Divisional Returning Officer or Australian Electoral Officer”, substitute “The Electoral Commissioner”.

68  Subsection 98A(4)

Omit “A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person’s name in a Roll”, substitute “If the Electoral Commissioner decides under this section to refuse to include a person’s name in a Roll, the Electoral Commissioner”.

69  Subparagraph 99A(4)(d)(ii)

Omit “any Australian Electoral Officer or DRO”, substitute “the Electoral Commissioner”.

70  Subsection 99B(1)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

71  Paragraph 99B(5)(b)

Omit “Divisional Returning Officer for the relevant Division”, substitute “Electoral Commissioner”.

Note:       The heading to subsection 99B(5) is altered by omitting “Divisional Returning Officer” and substituting “Electoral Commissioner”.

72  Subsection 99B(7)

Omit “Divisional Returning Officer for the relevant Division”, substitute “Electoral Commissioner”.

73  Subsection 100(1)

Omit “any Divisional Returning Officer or Australian Electoral Officer”, substitute “the Electoral Commissioner”.

74  Subsections 101(1) and (1A)

Omit “any Divisional Returning Officer or Australian Electoral Officer”, substitute “the Electoral Commissioner”.

75  Subsections 101(2) and (3)

Repeal the subsections.

76  Subsection 101(4)

Omit “a Divisional Returning Officer or an Australian Electoral Officer”, substitute “the Electoral Commissioner”.

77  Subsection 101(5)

Omit “Divisional Returning Officer for the Division that includes that Subdivision”, substitute “Electoral Commissioner”.

78  Subsection 101(7)

Omit “a Divisional Returning Officer or an Australian Electoral Officer”, substitute “the Electoral Commissioner”.

79  Subsection 102(1)

Omit “a Divisional Returning Officer for a Division receives a claim for enrolment or transfer of enrolment for that Division, the Divisional Returning Officer shall:”, substitute “the Electoral Commissioner receives a claim for enrolment or transfer of enrolment, the Electoral Commissioner must:”.

80  Paragraph 102(1)(b)

Repeal the paragraph, substitute:

                     (b)  if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay:

                              (i)  enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83; and

                             (ii)  notify the claimant in writing that he or she has been enrolled for that Subdivision; and

                            (iii)  in the case of a claim for transfer of an enrolment from the Roll for another Subdivision—delete the name of the claimant from the Roll for that other Subdivision; and

81  Paragraph 102(1)(ba)

Omit “officer”, substitute “Electoral Commissioner”.

82  Paragraph 102(1)(c)

Omit “officer”, substitute “Electoral Commissioner”.

83  Paragraph 102(1)(c)

Omit “in a Subdivision of that Division”, substitute “for a Subdivision”.

84  Subsection 102(1A)

Omit “a Divisional Returning Officer may make any inquiries the officer”, substitute “the Electoral Commissioner may make any inquiries that he or she”.

85  Subsections 102(2) to (2E)

Repeal the subsections.

86  Subsection 102(3)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

87  Subsection 104(2)

Omit “DRO keeping the Roll for the Subdivision”, substitute “Electoral Commissioner”.

88  Paragraph 104(4)(b)

Omit “DRO for the Division that includes the Subdivision on the Roll for which the person making the request is to be or has been enrolled, as the case may be,”, substitute “Electoral Commissioner”.

89  Subsection 104(4)

Omit “DRO” (second occurring), substitute “Electoral Commissioner”.

90  Subsection 104(5)

Omit “a DRO”, substitute “the Electoral Commissioner”.

91  Subsection 104(5)

Omit “DRO” (second occurring), substitute “Electoral Commissioner”.

92  Subsection 104(7)

Repeal the subsection, substitute:

             (7)  The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors whose addresses are not shown on the Roll by virtue of this section.

93  Subsection 104(8)

Omit “DRO” (wherever occurring), substitute “Electoral Commissioner”.

94  Subsection 104(9)

Omit “DRO”, substitute “Electoral Commissioner”.

95  Subsection 105(1)

Omit “a Divisional Returning Officer may alter any Roll kept by the officer”, substitute “the Electoral Commissioner may alter any Roll”.

96  Paragraph 105(1)(f)

Omit “officer”, substitute “Electoral Commissioner”.

97  Subsection 105(2)

Repeal the subsection, substitute:

             (2)  If:

                     (a)  the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and

                     (b)  the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living;

the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.

98  Subsection 105(4)

Omit “Divisional Returning Officer for the relevant Division”, substitute “Electoral Commissioner”.

99  Section 106

Omit “Divisional Returning Officer for that Division”, substitute “Electoral Commissioner”.

100  Section 107

Omit “Divisional Returning Officer or of the person who makes the alteration on behalf of the Divisional Returning Officer”, substitute “person who makes the alteration”.

101  Paragraph 108(a)

Repeal the paragraph, substitute:

                     (a)  forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of the names, addresses, occupations, ages, sexes and dates of death of all persons of the age of 17 years or upwards whose deaths have been registered during the preceding month for the State; and

102  Paragraph 108(b)

Omit “Australian Electoral Officer for the State”, substitute “Electoral Commissioner (or to an officer nominated by the Electoral Commissioner)”.

103  Subsections 109(1) and (2)

Omit “Australian Electoral Officer”, substitute “Electoral Commissioner (or to an officer nominated by the Electoral Commissioner)”.

104  Subsection 110(1)

Omit “Australian Electoral Officer or the Divisional Returning Officer, as the case requires,”, substitute “Electoral Commissioner”.

Note:       The heading to section 110 is altered by omitting “Officers” and substituting “Electoral Commissioner”.

105  Subsection 110(1)

After “receipt”, insert “(whether by the Commissioner or by an officer nominated by the Commissioner)”.

106  Subsection 110(2)

Omit “An officer”, substitute “The Electoral Commissioner”.

107  Subsection 111(1)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

108  Subsection 111(1)

Omit “the officer”, substitute “the Electoral Commissioner”.

109  Subsection 111(2)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

110  Subsection 111(2)

Omit “the officer”, substitute “the Electoral Commissioner”.

111  Subsection 111(4)

Omit “a Divisional Returning Officer who”, substitute “the Electoral Commissioner”.

112  Subsection 111(4)

After “a Roll”, insert “and the Electoral Commissioner”.

113  Subsection 111(4)

Omit “the officer” (wherever occurring), substitute “the Electoral Commissioner”.

114  Section 111A

Repeal the section.

115  Section 112

Repeal the section, substitute:

112  Application of Part to Australian Capital Territory and Northern Territory

                   This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.

116  Subsection 113(1)

Omit “(1) In”, substitute “In”.

117  Subsection 113(1) (definition of appropriate DRO)

Repeal the definition.

118  Subsection 113(1) (definition of official objection)

Omit “a DRO”, substitute “the Electoral Commissioner”.

119  Subsection 113(2)

Repeal the subsection.

120  Subsection 114(2)

Omit “DRO for a Division”, substitute “Electoral Commissioner”.

121  Subsection 114(2)

Omit “that Division”, substitute “a Division”.

122  Subsection 114(3)

Omit “A DRO”, substitute “The Electoral Commissioner”.

123  Subsection 114(4)

Omit “DRO for a Division”, substitute “Electoral Commissioner”.

124  Subsection 114(4)

Omit “that Division”, substitute “a Division”.

125  Subsection 114(5)

Omit “DRO for a Division”, substitute “Electoral Commissioner”.

126  Subsection 114(5)

Omit “DRO” (second occurring), substitute “Electoral Commissioner”.

127  Subsection 115(2)

Omit “appropriate DRO”, substitute “Electoral Commissioner”.

128  Subsection 116(1)

Omit “DRO”, substitute “Electoral Commissioner”.

129  Subparagraph 116(2)(b)(iv)

Repeal the subparagraph, substitute:

                            (iv)  advise the elector of what he or she must do if he or she wishes to answer the objection; and

130  Subparagraphs 116(2)(c)(i) and (ii)

Omit “DRO”, substitute “Electoral Commissioner”.

131  Subsection 116(3)

Omit “DRO” (wherever occurring), substitute “Electoral Commissioner”.

132  Subsection 116(4)

Omit “DRO”, substitute “Electoral Commissioner”.

133  Section 117

Repeal the section.

134  Subsection 118(1)

Omit “A DRO”, substitute “The Electoral Commissioner”.

135  Paragraph 118(1)(a)

Omit “officer”, substitute “Electoral Commissioner”.

136  Subsection 118(2)

Omit “a DRO”, substitute “the Electoral Commissioner”.

137  Subsection 118(2)

Omit “officer”, substitute “Electoral Commissioner”.

138  Subsection 118(3)

Omit “DRO” (wherever occurring), substitute “Electoral Commissioner”.

139  Subsection 118(4)

Omit “DRO”, substitute “Electoral Commissioner”.

140  Subsection 118(4A)

Omit “DRO” (wherever occurring), substitute “Electoral Commissioner”.

141  Subsection 118(5)

Omit “DRO”, substitute “Electoral Commissioner”.

142  Subsection 118(6)

Omit “DRO” (wherever occurring), substitute “Electoral Commissioner”.

143  Before subsection 120(1)

Insert:

          (1A)  This section only applies in relation to decisions made by a delegate of the Electoral Commissioner who is not:

                     (a)  the Deputy Electoral Commissioner; or

                     (b)  an Australian Electoral Officer.

Note:       The heading to section 120 is replaced by the heading “Internal review”.

144  Subsection 120(1)

Omit “a Divisional Returning Officer for a Division”.

145  Paragraphs 120(1)(a) and (b)

Omit “notifies a person”, substitute “a person is notified”.

146  Subsection 120(1)

Omit all the words from and including “request”, substitute “apply, in writing, to the Electoral Commissioner for review of the claim or objection, as the case may be”.

147  Subsection 120(2)

Omit “a Divisional Returning Officer for a Division notifies a person who has objected, under section 114, to an enrolment”, substitute “a person who has objected to an enrolment is notified, under section 114,”.

148  Subsection 120(2)

Omit all the words from and including “request”, substitute “apply, in writing, to the Electoral Commissioner for review of the objection”.

149  Subsection 120(3)

Omit “a Divisional Returning Officer for a Division”.

150  Paragraph 120(3)(aa)

Repeal the paragraph, substitute:

                    (aa)  a person is notified under subsection 93A(4) or 98A(4) of a decision to refuse to include in a Roll, or to transfer to a Roll, the person’s name; or

151  Paragraphs 120(3)(a) and (b)

Omit “notifies the person”, substitute “a person is notified”.

152  Paragraphs 120(3)(ba) and (bb)

Repeal the paragraphs, substitute:

                   (ba)  a person is notified under subsection 104(8) of a decision that the person’s address should be entered on a Roll; or

                   (bb)  a person is notified of a decision made under section 105 to alter any entry in relation to the person on a Roll (including a decision to add or remove a person’s name from the Roll); or

153  Paragraphs 120(3)(c) and (ca)

Omit “notifies a person”, substitute “a person is notified”.

154  Subsection 120(3)

Omit “request the Divisional Returning Officer, in writing, to refer”, substitute “apply, in writing, to the Electoral Commissioner for review of”.

155  Paragraphs 120(3)(d) and (fa)

Omit “by the Divisional Returning Officer”.

156  Paragraph 120(3)(fb)

Omit “made by the Divisional Returning Officer”.

157  Subsection 120(3)

Omit “, to the Australian Electoral Officer for the State that includes that Division for review”.

158  Subsections 120(4) to (9)

Repeal the subsections, substitute:

             (4)  After receiving an application under subsection (1), (2) or (3), the Electoral Commissioner must:

                     (a)  personally review the decision (the reviewable decision) to which the request relates; or

                     (b)  cause the reviewable decision to be reviewed by a person to whom the Commissioner’s powers and functions under this section are delegated and who was not involved in making the reviewable decision.

             (5)  After the person mentioned in paragraph (4)(a) or (b) (the reviewer) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision):

                     (a)  confirming the reviewable decision; or

                     (b)  varying the reviewable decision; or

                     (c)  setting aside the reviewable decision and substituting a new decision.

Note:          An internal review decision is reviewable by the Administrative Appeals Tribunal (see section 121). Under the Administrative Appeals Tribunal Act 1975, notice must be given to persons whose interests are affected by an internal review decision.

             (6)  For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision.

159  Before subsection 121(1)

Insert:

          (1A)  Except for decisions described in paragraph (1)(k), this section only applies in relation to:

                     (a)  a decision made by the Electoral Commissioner personally; or

                     (b)  a decision made by a delegate of the Electoral Commissioner who is:

                              (i)  the Deputy Electoral Commissioner; or

                             (ii)  an Australian Electoral Officer.

160  Paragraphs 121(1)(a) to (d)

Repeal the paragraphs, substitute:

                     (a)  a decision under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, a person’s name; or

                     (b)  a decision to refuse an application made under subsection 94A(1), 95(1) or 96(1); or

                     (c)  a decision under section 102 to reject a claim for enrolment, for transfer of enrolment or for age 17 enrolment; or

                     (d)  a decision to refuse a request made under subsection 104(1) or (2); or

                     (e)  a decision under subsection 104(8) that a person’s address should be entered on a Roll; or

                      (f)  a decision under section 105 to alter a Roll (including a decision to add or remove a person’s name from the Roll); or

                     (g)  a decision under section 118 to dismiss an objection; or

                     (h)  a decision under section 118 to remove a person’s name from a Roll pursuant to an objection; or

                      (i)  a decision to refuse an application made under subsection 184A(1); or

                      (j)  a decision to cancel a person’s registration as a general postal voter; or

                     (k)  an internal review decision made under subsection 120(5).

161  Section 122

Repeal the section, substitute:

122  Application of Part to Australian Capital Territory and Northern Territory

                   This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.

162  Subsection 184A(1)

Repeal the subsection, substitute:

             (1)  An elector may apply to the Electoral Commissioner for registration as a general postal voter for a Division.

163  Section 184B

Repeal the section, substitute:

184B  Register of General Postal Voters

             (1)  The Electoral Commissioner must, for each Division, keep a Register of General Postal Voters for the Division.

             (2)  The Register for a Division must be available for inspection, without fee, by members of the public at the office of the DRO for the Division during ordinary office hours.

164  Subsection 185(1)

Repeal the subsection, substitute:

             (1)  Subject to subsection (1A), if the Electoral Commissioner is satisfied that an application has been made in accordance with section 184A, the Electoral Commissioner must register the applicant as a general postal voter for the Division to which the application relates.

165  Subsection 185(1A)

Omit “DRO to whom the application is made”, substitute “Electoral Commissioner”.

166  Subsection 185(1A)

Omit “DRO” (second occurring), substitute “Electoral Commissioner”.

167  Subsection 185(1B)

Omit “DRO” (wherever occurring), substitute “Electoral Commissioner”.

168  Subsections 185(2) and (3)

Repeal the subsections, substitute:

             (2)  If:

                     (a)  a claim for enrolment or transfer of enrolment is made to the Electoral Commissioner; and

                     (b)  the claim is signed under subsection 98(3); and

                     (c)  the claim indicates that the claimant wishes to be registered as a general postal voter for a Division;

the Electoral Commissioner must register the claimant as a general postal voter for the Division.

             (3)  If an elector who is registered as a general postal voter for a Division (in this subsection called the original Division) makes a claim for transfer of enrolment to another Division (the new Division), the Electoral Commissioner must:

                     (a)  cancel the registration of the elector as a general postal voter for the original Division; and

                     (b)  except in the case of an elector whose address has been excluded from the Roll under section 104—register the elector as a general postal voter for the new Division, unless the Electoral Commissioner is satisfied that the elector would not be entitled to registration on application under subsection 184A(1).

169  Subsection 185(4)

After “the Register”, insert “for the Division”.

170  Subsection 185(4A)

Omit all the words from and including “a DRO” to and including “the DRO”, substitute “the Electoral Commissioner to include in the Register for a Division information that the Electoral Commissioner”.

171  Subsections 185(5) and (6)

Repeal the subsections, substitute:

             (5)  If the Electoral Commissioner registers an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the registration.

             (6)  If the Electoral Commissioner decides not to register an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the decision and of the reasons for it.

172  Section 185B

Omit all the words from an including “The DRO” to and including “ensure that:”, substitute “The Electoral Commissioner may review the Register for a Division and make such alterations as are necessary to ensure that:”.

173  Section 185C

Repeal the section, substitute:

185C  Cancellation of registration

             (1)  The Electoral Commissioner may cancel the registration of an elector as a general postal voter for a Division if the Electoral Commissioner is satisfied that the ground on which the elector applied for registration no longer exists.

             (2)  The Electoral Commissioner must give the elector written notice of the cancellation and of the elector’s right to apply for review under Part X.

174  Subsection 249(1)

Omit “Divisional Returning Officer for the Division for which the elector is enrolled”, substitute “Electoral Commissioner”.

175  Subsection 249(2)

Repeal the subsection.

176  Subsection 249(3)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

177  Subsection 249(4)

Omit “DRO”, substitute “Electoral Commissioner”.

178  Subsection 249(6)

Omit “A Divisional Returning Officer”, substitute “The Electoral Commissioner”.

179  Subsection 343(1)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

180  Subsection 343(1)

Omit “Divisional Returning Officer” (second occurring), substitute “Electoral Commissioner”.

181  After section 381A

Insert:

382  General provisions about enrolment‑related claims etc.

Definitions

             (1)  In this section:

enrolment‑related claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner by any of the following:

                     (a)  a provision of Part VII, VIII, IX or X;

                     (b)  section 184A;

                     (c)  section 249.

sent to includes given, made or delivered to, or lodged with.

Addresses to which enrolment‑related claims or notices may be sent

             (2)  The Electoral Commissioner may, in writing, determine one or more addresses to which enrolment‑related claims or notices may be sent.

             (3)  A determination under subsection (2) may specify different addresses for the purposes of different provisions or for use in different circumstances.

             (4)  To avoid doubt, an address determined under subsection (2) may be an electronic address.

             (5)  If a person sends an enrolment‑related claim or notice to an address in accordance with a determination under subsection (2), the person is taken to have sent the enrolment‑related claim or notice to the Electoral Commissioner.

Note:          Requirements relating to the form, content etc. of the enrolment‑related claim or notice must still be complied with (subject to subsections (7) and (8)).

             (6)  A determination under subsection (2) is not a legislative instrument.

Enrolment‑related claims or notices do not have to be signed in certain circumstances

             (7)  Subject to subsection (8), if:

                     (a)  an enrolment‑related claim or notice is required to be signed by a person; and

                     (b)  the person is already enrolled; and

                     (c)  the person’s name is still the same as the name under which he or she is enrolled;

the requirement that the claim or application be signed is (despite section 336) taken to be satisfied if the person instead satisfies the requirements prescribed by the regulations for the purpose of this subsection.

             (8)  Subsection (7) does not apply to:

                     (a)  an enrolment‑related claim or notice that is required or permitted to be sent to the Electoral Commissioner by a provision of Part IX or X; or

                     (b)  any of the following requirements for a signature:

                              (i)  the requirement in subsection 98(3);

                             (ii)  the requirement in subsection 99A(5);

                            (iii)  the requirement in subsection 99B(3);

                            (iv)  the requirement that a statutory declaration referred to in subsection 104(3) be signed;

                             (v)  any other requirement for a signature that is prescribed by the regulations for the purpose of this subparagraph.

Referendum (Machinery Provisions) Act 1984

182  Subsection 3(1) (at the end of the definition of officer)

Add “, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under subsection 138(2)”.

183  Subsection 38(1)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

184  Paragraph 38(5)(b)

Omit “Divisional Returning Officer for the relevant Division”, substitute “Electoral Commissioner”.

Note:       The heading to subsection 38(5) is altered by omitting “Divisional Returning Officer” and substituting “Electoral Commissioner”.

185  Subsection 38(7)

Omit “Divisional Returning Officer for the relevant Division”, substitute “Electoral Commissioner”.

186  After section 38

Insert:

39  Other general provisions about applications under section 38

             (1)  The Electoral Commissioner may, in writing, determine one or more addresses to which applications under section 38 may be sent.

             (2)  A determination under subsection (1) may specify different addresses for use in different circumstances.

             (3)  To avoid doubt, an address determined under subsection (1) may be an electronic address.

             (4)  If a person sends an application under section 38 to an address in accordance with a determination under subsection (1), the person is taken to have sent the application to the Electoral Commissioner.

Note:          Requirements of section 38 relating to the form, content etc. of the application must still be complied with.

             (5)  A determination under subsection (1) is not a legislative instrument.

187  Subsection 74(2)

Omit “a Divisional Returning Officer”, substitute “the Electoral Commissioner”.

188  Subsections 138(2) and (3)

Repeal the subsections, substitute:

Delegation of section 38 powers and functions

             (2)  The Electoral Commissioner may, in writing, delegate all or any of his or her powers and functions under section 38 to any of the following:

                     (a)  any officer;

                     (b)  any other member of the staff of the Electoral Commission.

Note:          The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.

             (3)  In exercising powers or performing functions delegated under subsection (2), the delegate must comply with any directions of the Electoral Commissioner.


 

Part 2Transitional, application and saving provisions

189  Regulations

The Governor‑General may make regulations of a transitional, application or saving nature in relation to the amendments and repeals made by this Schedule.


 

Schedule 3Amendments relating to nomination of candidates

Part 1Amendments

Commonwealth Electoral Act 1918

1  Subsection 166(1)

After “(1A),”, insert “(1AA),”.

2  After subsection 166(1A)

Insert:

       (1AA)  For a House of Representatives election for a particular Division, the registered officer of a particular registered political party must not sign nominations under subparagraph 166(1)(b)(ii) for that election for more than one candidate.

Note:          This does not prevent an amendment of a nomination under section 177 (withdrawal of consent to a nomination) or 180 (death of candidate after nomination).

3  Subsection 172(1)

Omit “subsection (2)”, substitute “subsections (1A) and (2)”.

4  After subsection 172(1)

Insert:

          (1A)  If:

                     (a)  contrary to subsection 166(1AA), the registered officer of a party signs nominations for 2 or more candidates (the same Division candidates) for a single Division; and

                     (b)  the same Division candidates are nominated by the registered officer under subsection 167(3) together with a number of other candidates for other Divisions;

then:

                     (c)  the nomination of the same Division candidates must be rejected; but

                     (d)  the nomination of the other candidates must not be rejected merely because subsection 166(1AA) was not complied with in relation to the same Division candidates.


 

Part 2Application of amendments

5  Application of amendments

The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of the amendments.


 

Schedule 4Electronic voting

Part 1Amendments

Commonwealth Electoral Act 1918

1  Part XVB (heading)

Repeal the heading, substitute:

Part XVBElectronically assisted voting for sight‑impaired people

2  Division 1 of Part XVB (heading)

Repeal the heading.

3  Section 202AA

Omit “Division”, substitute “Part”.

4  Section 202AA

Insert:

by‑election means an election of a member of the House of Representatives that is not part of a general election.

5  Section 202AA (definition of vote record)

Omit “subsection 202AD(1)”, substitute “section 202AD”.

6  Subsection 202AB(1)

Omit “the first general election, and the first Senate election, held after the commencement of this section”, substitute “general elections, Senate elections and by‑elections”.

7  Subparagraph 202AB(2)(a)(iv)

Omit “, including a process of applying to use the method”.

8  After paragraph 202AB(2)(a)

Insert:

                    (aa)  make provision for, and in relation to, the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and

9  Paragraph 202AB(3)(a)

Omit “the Senate election referred to in subsection (1)”, substitute “a Senate election”.

10  Paragraph 202AB(3)(b)

Omit “the general election referred to in subsection (1)”, substitute “a general election or by‑election”.

11  Subparagraph 202AB(3)(b)(i)

After “general election”, insert “or by‑election”.

12  Subsection 202AB(5)

Omit “Division” (wherever occurring), substitute “Part”.

13  Subsection 202AD(1)

Omit “(1)”.

Note:       The heading to section 202AD is altered by omitting “printed”.

14  Subsection 202AD(1)

Omit “printed”.

15  Subsection 202AD(2)

Repeal the subsection.

16  Subsection 202AE(1)

After “pre‑poll”, insert “ordinary”.

17  Subsection 202AE(1) (note)

Repeal the note.

18  Subsection 202AE(2)

Repeal the subsection, substitute:

             (2)  For the purposes of this Act as it applies because of subsection (1), a vote record is to be treated as if it were a ballot paper.

19  Section 202AF

Repeal the section, substitute:

202AF  Electoral Commissioner may decide that electronically assisted voting method is not to be used

             (1)  The Electoral Commissioner may, in writing, determine that the electronically assisted voting method is not to be used either generally or at one or more specified places.

             (2)  The determination must specify the election to which the determination applies.

             (3)  A determination under subsection (1) is not a legislative instrument.

20  Division 2 of Part XVB

Repeal the Division.

Referendum (Machinery Provisions) Act 1984

21  Part IVB (heading)

Repeal the heading, substitute:

Part IVBElectronically assisted voting for sight‑impaired people

22  Division 1 of Part IVB (heading)

Repeal the heading.

23  Section 73L

Omit “Division”, substitute “Part”.

24  Section 73L (definition of vote record)

Omit “subsection 73P(1)”, substitute “section 73P”.

25  Subsection 73M(1)

Omit “Subject to subsection (2), the”, substitute “The”.

26  Subsection 73M(1)

Omit “the first referendum held after the commencement of this section”, substitute “referendums”.

27  Subsection 73M(2)

Repeal the subsection.

28  Subparagraph 73M(3)(a)(iv)

Omit “, including a process of applying to use the method”.

29  After paragraph 73M(3)(a)

Insert:

                    (aa)  make provision for, and in relation to, the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and

30  Subsection 73M(4)

Omit “the referendum referred to in subsection (1)”, substitute “a referendum”.

31  Subsection 73M(6)

Omit “Division” (wherever occurring), substitute “Part”.

32  Subsection 73P(1)

Omit “(1)”.

Note:       The heading to section 73P is altered by omitting “printed”.

33  Subsection 73P(1)

Omit “printed”.

34  Subsection 73P(2)

Repeal the subsection.

35  Subsection 73Q(1)

After “pre‑poll”, insert “ordinary”.

36  Subsection 73Q(1) (note)

Repeal the note.

37  Subsection 73Q(2)

Repeal the subsection, substitute:

             (2)  For the purposes of this Act as it applies because of subsection (1), a vote record is to be treated as if it were a ballot‑paper.

38  After section 73Q

Insert:

73QA  Electoral Commissioner may decide that electronically assisted voting method is not to be used

             (1)  The Electoral Commissioner may, in writing, determine that the electronically assisted voting method is not to be used either generally or at one or more specified places.

             (2)  The determination must specify the referendum to which the determination applies.

             (3)  A determination under subsection (1) is not a legislative instrument.

             (4)  If:

                     (a)  a referendum is held on the same day as an election; and

                     (b)  a determination under subsection 202AF(1) of the Commonwealth Electoral Act 1918 is in force in relation to a place for that election;

a determination under subsection (1) of this section is taken to be in force in relation to that place for that referendum.

39  Division 2 of Part IVB

Repeal the Division.


 

Part 2Application of amendments

40  Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 2 June 2010

Senate on 16 June 2010]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(115/10)