Federal Register of Legislation - Australian Government

Primary content

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 02 Mar 2011
Introduced HR 02 Mar 2011
Table of contents.

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Electoral and Referendum Amendment (Provisional Voting) Bill 2011

 

No.      , 2011

 

(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 evidence of identity for provisional votes                3

Part 1—Amendments                                                                                                    3

Commonwealth Electoral Act 1918                                                                         3

Referendum (Machinery Provisions) Act 1984                                                      3

Part 2—Application of amendments                                                                     5

 


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 (Provisional Voting) Act 2011.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 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 3 of Schedule 3

Insert:

           3A.  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 3A 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 3 of Schedule 4

Insert:

           3A.  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 3A 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.