Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to elections and referendums, and for related purposes
Administered by: Finance
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 04 Jun 2010
Introduced HR 02 Jun 2010

2008‑2009‑2010

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Electoral and Referendum Amendment (Close of Rolls and Other Measures) Bill (No. 2) 2010

 

No.      , 2010

 

(Special Minister of State)

 

 

 

A Bill for an Act to amend the law relating to elections and referendums, and for related purposes

  

  


Contents

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

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

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

Schedule 1—Amendments relating to close of Rolls                                          3

Part 1—Amendments                                                                                                      3

Commonwealth Electoral Act 1918                                                                         3

Referendum (Machinery Provisions) Act 1984                                                      4

Part 2—Application of amendments                                                                          6

Schedule 2—Amendments relating to evidence of identity for provisional votes  7

Part 1—Amendments                                                                                                      7

Commonwealth Electoral Act 1918                                                                         7

Referendum (Machinery Provisions) Act 1984                                                      7

Part 2—Application of amendments                                                                          9

 


A Bill for an Act to amend the law relating to elections and referendums, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Electoral and Referendum Amendment (Close of Rolls and Other Measures) Act (No. 2) 2010.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

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 close of Rolls

Part 1Amendments

Commonwealth Electoral Act 1918

1  Paragraph 94A(4)(a)

Omit “the date of the writ”, substitute “the day of the close of the Rolls”.

2  Subsection 95(4)

Omit “the date of the writ”, substitute “the day of the close of the Rolls”.

3  Subsection 96(4)

Omit “the date of the writ”, substitute “the day of the close of the Rolls”.

4  Subsection 102(1)

Omit “subsections (4) and (4AA)”, substitute “subsection (4)”.

5  Subsection 102(2A)

Omit “the date of the writ or writs for the election”, substitute “the day on which the Rolls for the election close”.

6  Subsections 102(4), (4AA) and (4AB)

Repeal the subsections, substitute:

             (4)  A claim under section 101 by a person to have his or her name placed on the Roll for a Subdivision received during the period starting at 8 pm on the day on which the Rolls for an election to be held in the Subdivision close and ending on the close of polling at the election must not be considered until after the end of that period.

7  Paragraph 102(4A)(a)

Omit “or (4AA) (as the case requires)”.

8  Subparagraph 102(4A)(b)(ii)

Omit “or (4AA) (as the case requires)”.

9  Subsection 102(4B)

Omit “subsections (4) and (4AA)”, substitute “subsection (4)”.

10  Paragraphs 102(4B)(a) and (b)

Omit “or (4AA) (as the case requires)”.

11  Subsection 118(5)

Omit “the date of the writ”, substitute “the day of the close of the Rolls”.

12  Section 155

Repeal the section, substitute:

155  Date for close of Rolls

                   The date fixed for the close of the Rolls is the seventh day after the date of the writ.

Referendum (Machinery Provisions) Act 1984

13  Subsections 4(2) and (3)

Repeal the subsections, substitute:

             (2)  For the purposes of voting at a referendum:

                     (a)  applications or claims for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 (including applications or claims to which subsection 99B(6) or 100(2) of that Act apply) that are received during the period:

                              (i)  beginning at 8 pm on the day of the close of the Rolls for a referendum; and

                             (ii)  ending on the close of voting at the referendum;

                            must not be considered until after the end of that period; and

                     (b)  a name must not be removed from a roll under section 118 of the Commonwealth Electoral Act 1918 during the period described in paragraph (a) of this subsection.

14  Subsection 9(1)

Repeal the subsection, substitute:

             (1)  The day fixed for the close of the Rolls is the seventh day after the issue of the writ.

15  Subsection 9(3)

Repeal the subsection.


 

Part 2Application of amendments

16  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.


 

Schedule 2Amendments relating to evidence of identity for provisional votes

Part 1Amendments

Commonwealth Electoral Act 1918

1  Subsections 235(1B), (9) and (10)

Repeal the subsections.

2  After paragraph 3A of Schedule 3

Insert:

            3B.  For each envelope in relation to which the following paragraphs are satisfied:

                     (a)  the envelope purports to contain a provisional vote ballot paper;

                     (b)  the DRO has reason to doubt that the signature on the envelope that purports to be the elector’s signature is the elector’s signature;

the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO.

3  Subparagraph 6(ca) of Schedule 3

Repeal the subparagraph, substitute:

                    (ca)  in the case of an envelope purporting to contain a provisional vote ballot paper and in relation to which paragraph 3B applies—that the signature on the envelope is that of the elector; and

Referendum (Machinery Provisions) Act 1984

4  Subsections 37(1B), (9) and (10)

Repeal the subsections.

5  After paragraph 3A of Schedule 4

Insert:

            3B.  For each envelope in relation to which the following paragraphs are satisfied:

                     (a)  the envelope purports to contain a provisional vote ballot‑paper;

                     (b)  the DRO has reason to doubt that the signature on the envelope that purports to be the elector’s signature is the elector’s signature;

the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO.

6  Subparagraph 6(ca) of Schedule 4

Repeal the subparagraph, substitute:

                    (ca)  in the case of an envelope purporting to contain a provisional vote ballot‑paper and in relation to which paragraph 3B applies—that the signature on the envelope is that of the elector; and


 

Part 2Application of amendments

7  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.