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Act No. 110 of 2012 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 (Maintaining Address) Bill 2011
Registered 26 Jul 2012
Date of Assent 24 Jul 2012
Table of contents.

 

 

 

 

 

 

Electoral and Referendum Amendment (Maintaining Address) Act 2012

 

No. 110, 2012

 

 

 

 

 

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—Requiring information for Rolls                                                      3

Commonwealth Electoral Act 1918                                                                         3

Schedule 2—Updating enrolment without claim                                                4

Commonwealth Electoral Act 1918                                                                         4

Referendum (Machinery Provisions) Act 1984                                                      8

 


 

 

Electoral and Referendum Amendment (Maintaining Address) Act 2012

No. 110, 2012

 

 

 

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

[Assented to 24 July 2012]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Electoral and Referendum Amendment (Maintaining Address) Act 2012.

2  Commencement

                   This Act commences on the day after 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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Requiring information for Rolls

  

Commonwealth Electoral Act 1918

1  Subsection 28(4) (paragraph (a) of the definition of enrolment powers and functions)

Omit “and 87”, substitute “, 87 and 92”.

2  Subsection 92(1)

Omit “Electoral Commission” (first occurring), substitute “Electoral Commissioner”.

3  Subsection 92(1)

Omit “its”, substitute “the Electoral Commissioner’s”.

4  Subsection 92(1)

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

5  Subsections 92(2) and (3)

Omit “Electoral Commission”, substitute “Electoral Commissioner”.

6  Subsection 92(3)

Omit “it”, substitute “him or her”.

7  Subsection 92(7)

Omit “Electoral Commission”, substitute “Electoral Commissioner”.

8  Subsection 92(7)

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

9  Subsection 92(8)

Omit “Electoral Commission”, substitute “Electoral Commissioner”.


 

Schedule 2Updating enrolment without claim

  

Commonwealth Electoral Act 1918

1  Section 87

After “claims or notifications received”, insert “, and action taken under section 103A,”.

2  At the end of section 101

Add:

             (8)  If the Electoral Commissioner enters a person’s name or address in a Roll under section 103A, proceedings must not be instituted against the person for an offence against subsection (1), (4), (5) or (6) of this section constituted by an omission occurring before that entry.

3  After section 103

Insert:

103A  Updating or transferring a person’s enrolment without claim or notice from the person

Application

             (1)  This section applies if the Electoral Commissioner:

                     (a)  is satisfied that a person’s address is entered on a Roll (the old Roll); and

                     (b)  is satisfied, for reasons other than a claim under section 98 and a notice under subsection 101(5), that the person lives at another address (the new address).

Notice of proposed action to update or transfer enrolment

             (2)  The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the new address and the fact that the Electoral Commissioner is satisfied that the person lives at the new address and stating:

                     (a)  if the person’s residence at the new address entitles the person to have his or her name placed on the old Roll—that the Electoral Commissioner proposes to enter the new address for the person on the old Roll; and

                     (b)  if the person’s residence at the new address entitles the person to have his or her name transferred to another Roll (the new Roll)—that the Electoral Commissioner proposes:

                              (i)  to delete the person’s name from the old Roll; and

                             (ii)  to enter on the new Roll the person’s name and other particulars required by section 83; and

                     (c)  in any case—that the Electoral Commissioner will not take the proposed action if satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.

Taking action to update or transfer enrolment

             (3)  The Electoral Commissioner may take the proposed action described in paragraph (2)(a) or (b) unless satisfied by information given by the person to the Electoral Commissioner within 28 days after the date of the notice that the person does not live at the new address.

             (4)  The Electoral Commissioner may take the action before the end of the 28 days if the person indicates to the Electoral Commissioner within that period that the person does live at the new address.

             (5)  Despite subsections (3) and (4), the Electoral Commissioner must not take the proposed action described in paragraph (2)(b) within a period:

                     (a)  starting at 8 pm on the day of the close of the Rolls for an election to be held in a Division to which the new Roll relates; and

                     (b)  ending on the close of the poll for the election.

Notice of decision or decision not to take action

             (6)  If the Electoral Commissioner takes the proposed action described in paragraph (2)(a) or (b) or decides not to take that action, the Electoral Commissioner must give the person notice in writing of the action or the decision.

             (7)  If:

                     (a)  under subsection (6) the Electoral Commissioner gives the person notice in writing of the action; and

                     (b)  the Electoral Commissioner has received a claim for transfer of the person’s enrolment to the new address;

the Electoral Commissioner need not give the person notice under subparagraph 102(1)(b)(ii).

Electronic notification

             (8)  A notice may be given under this section by an electronic communication as defined in the Electronic Transactions Act 1999, whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways in which the notice may be given.

4  At the end of section 114

Add:

             (6)  The Electoral Commissioner must not object under subsection (2) or (4) of this section to the enrolment of a person if the Electoral Commissioner has given the person a notice under subsection 103A(2) after becoming aware of the grounds mentioned in subsection (2) or (4) of this section.

5  At the end of section 116

Add:

             (5)  The Electoral Commissioner must dismiss an objection under subsection 114(1) or (1B) without giving notice to the challenged elector, and repay the objector the amount of $2 lodged with the objection, if:

                     (a)  the Electoral Commissioner gave the challenged elector a notice under subsection 103A(2) before the objection was made; and

                     (b)  the Electoral Commissioner is satisfied that the objection does not provide any information inconsistent with the information the Electoral Commissioner considered in deciding to give the notice.

             (6)  The Electoral Commissioner must dismiss an objection, except one under subsection 114(1A), without giving notice to the challenged elector if the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2) after the objection was made but before giving notice of the objection.

6  At the end of paragraph 118(1)(b)

Add “of the objection”.

7  After subsection 118(1)

Insert:

          (1A)  However, the Electoral Commissioner must not determine an objection other than one under subsection 114(1A) if, after giving notice of the objection, the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2).

8  At the end of section 118

Add:

If objection is not determined because of notice under subsection 103A(2)

             (9)  If the Electoral Commissioner does not determine an objection because, after giving notice of the objection, the Electoral Commissioner gives the challenged elector a notice under subsection 103A(2), the Electoral Commissioner:

                     (a)  must, if the objection is a private objection:

                              (i)  give the objector written notice in the approved form that the Electoral Commissioner will not determine the objection; and

                             (ii)  repay the objector the amount of $2 lodged with the objection; and

                     (b)  must give the challenged elector notice that the Electoral Commissioner will not determine the objection; and

                     (c)  may give the notice to the challenged elector in the same way as the Electoral Commissioner gives the notice under subsection 103A(2).

9  Subsection 120(2)

Omit “, under section 114, that the objection has been dismissed”, substitute “under section 118 that the objection has been dismissed or that the Electoral Commissioner will not determine the objection”.

10  After paragraph 120(3)(a)

Insert:

                  (aaa)  a person is notified under subsection 103A(6) that action has been taken under subsection 103A(3) or (4); or

11  After paragraph 120(3)(e)

Insert:

           (ea)  the action taken under subsection 103A(3) or (4); or

12  Paragraph 121(1)(g)

After “objection”, insert “or not to determine an objection because of subsection 118(1A)”.

13  Paragraph 390(1)(a)

After “this Act”, insert “, a copy of a notice given under section 103A or anything received in response to a notice given under subsection 103A(2)”.

14  Paragraph 390(1)(b)

After “enrolment under this Act”, insert “, or anything done under subsection 103A(2), (3), (4) or (6)”.

15  Subsection 390A(1)

After “transfer of enrolment”, insert “, a copy of a notice given under section 103A, or anything received in response to a notice given under subsection 103A(2),”.

Referendum (Machinery Provisions) Act 1984

16  After paragraph 4(2)(a)

Insert:

                    (aa)  a name must not be deleted from a roll or entered on another roll under section 103A of the Commonwealth Electoral Act 1918 during the suspension period; and


 

 

 

[Minister’s second reading speech made in—

House of Representatives on 23 November 2011

Senate on 22 March 2012]

(247/11)