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A Bill for an Act to amend the law relating to elections in respect of the checklist for nomination of candidates
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 29 Nov 2021
Introduced HR 25 Nov 2021
Table of contents.

2019‑2020‑2021

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Electoral Legislation Amendment (Candidate Eligibility) Bill 2021

 

No.      , 2021

 

(Finance)

 

 

 

A Bill for an Act to amend the law relating to elections in respect of the checklist for nomination of candidates

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Section 44 candidate checklist                                                           3

Commonwealth Electoral Act 1918                                                                         3

 


A Bill for an Act to amend the law relating to elections in respect of the checklist for nomination of candidates

The Parliament of Australia enacts:

1  Short title

                   This Act is the Electoral Legislation Amendment (Candidate Eligibility) Act 2021.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation 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 1Section 44 candidate checklist

  

Commonwealth Electoral Act 1918

1  Subsection 4(1) (definition of answers)

Repeal the definition.

2  Subsection 4(1)

Insert:

mandatory: an item in the qualification checklist is mandatory for a person unless:

                     (a)  the item only applies if a specified response is given to a previous item and the person does not give the specified response; or

                     (b)  the item is marked “[OPTIONAL]”.

3  Subsection 4(1) (definition of mandatory question)

Repeal the definition.

4  Paragraph 170(1)(d)

Repeal the paragraph, substitute:

                     (d)  marks a response to every item in the qualification checklist that is mandatory for the person and signs the qualification checklist in the space provided (see Form DB in Schedule 1 for the qualification checklist).

5  Subsection 170(1) (note 1)

Omit “include an answer to every mandatory question in the checklist as altered”, substitute “mark a response to every item that is mandatory for the person in the checklist as altered”.

6  After subsection 170(1)

Insert:

       (1AA)  For the purposes of paragraph (1)(d), a person is taken to have marked a response to an item in the qualification checklist as long as the person does not leave the space provided for response blank.

7  Subsection 170(1A)

Omit “an answer to a question”, substitute “a response to an item”.

8  Subsection 170A(2)

Omit “answered every mandatory question (see paragraph 170(1)(d))”, substitute “complied with paragraph 170(1)(d)”.

9  Paragraph 170A(3)(a)

Omit “an answer to a question”, substitute “a response to an item”.

10  Paragraph 170A(3)(d)

Omit “an answer”, substitute “a response”.

11  Subsection 172(2) (note)

Omit “answer every mandatory question in the qualification checklist”, substitute “mark a response to every item in the qualification checklist that is mandatory for the person”.

12  Subsection 392(1) (note)

Omit “mandatory question in the qualification checklist in Form DB of Schedule 1 is not answered”, substitute “response is not marked to an item in the qualification checklist in Form DB that is mandatory for the person or the checklist is not signed”.

13  Schedule 1 (Form DB)

Repeal the form, substitute:

FORM DB

QUALIFICATION CHECKLIST RELATING TO YOUR ELIGIBILITY UNDER SECTION 44 OF THE AUSTRALIAN CONSTITUTION

 

 

…………………………………………..

[Candidate’s name]

 

Please fill out this checklist.

 

You may provide additional documents if you are unable to fit all your responses in this checklist.

 

Be aware that completing this checklist does not guarantee that you are eligible to be elected under section 44 of the Australian Constitution or under the Commonwealth Electoral Act 1918.

 

If you have any doubts about your eligibility, you should seek independent legal advice.

 

If you provide information in this checklist that you know is false or misleading, you may commit an offence against the Criminal Code with a maximum penalty of imprisonment for 12 months, 60 penalty units, or both.

 

You must respond to all of the items in the checklist, except when a response is not required because the item is not applicable to you or the item is marked “[OPTIONAL]”. You must also sign the checklist in the space provided at the end of the checklist. Your nomination will be rejected if these things are not done.

 

Please provide supporting documentation as appropriate.

 

Note: If you respond “YES” to item 5a.3, then you must provide at least one document in response to item 5a.

 

You should not include information in this checklist, or in any additional documents you provide, that is inappropriate in any way. If you do, the information may be redacted by the Electoral Commissioner and not published on the Australian Electoral Commission’s website.

 

You may choose to redact information (for example, your own or another person’s personal information) from additional documents before providing them. Redactions must be in accordance with any directions of the Electoral Commissioner.

 

The candidate statement and declaration that you have made elsewhere in this nomination also relate to your eligibility to be elected. In that statement and declaration:

          (a)       you have declared that you are qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator or member of the House of Representatives; and

                (b)       you have stated that you are an Australian citizen.

 

 

1.  Provide the following details about yourself. Provide as many details as you know and “DON’T KNOW” for any details you do not know.

 

Date of birth (DD/MM/YYYY)

Place of birth (town/city and country)

Citizenship at time of birth

 

 

 

 

1a.  If you were not an Australian citizen at time of birth, provide your date of Australian naturalisation or enter “DON’T KNOW” if you do not know.

 

Date of Australian naturalisation

 

 

1b.  If you responded “DON’T KNOW” for any details at item 1 or 1a, explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Explanation

 

 

 

2.  Provide the following details about each of your parents and grandparents (whether biological or adoptive and whether or not still living). Provide as many details as you know and enter “DON’T KNOW” for any details you do not know. Tables 1 to 6 refer to biological parents and grandparents. If table 7 is applicable to you, you may reproduce that table as many times as is needed to provide the details about each person who is relevant in your personal circumstances.

 

Table 1: Mother

 

2.1

Date of birth (DD/MM/YYYY)

 

2.2

Place of birth (town/city and country)

 

2.3

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.4

If “YES” to item 2.3—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.5

If “YES” to item 2.3—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.6

If “YES” to item 2.5—list the dates this person ceased to be a citizen of the other country or countries

 

2.7

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

 

Table 2: Father

 

2.1

Date of birth (DD/MM/YYYY)

 

2.2

Place of birth (town/city and country)

 

2.3

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.4

If “YES” to item 2.3—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.5

If “YES” to item 2.3—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.6

If “YES” to item 2.5—list the dates this person ceased to be a citizen of the other country or countries

 

2.7

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

 

Table 3: Maternal grandmother

 

2.1

Date of birth (DD/MM/YYYY)

 

2.2

Place of birth (town/city and country)

 

2.3

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.4

If “YES” to item 2.3—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.5

If “YES” to item 2.3—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.6

If “YES” to item 2.5—list the dates this person ceased to be a citizen of the other country or countries

 

2.7

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

 

Table 4: Maternal grandfather

 

2.1

Date of birth (DD/MM/YYYY)

 

2.2

Place of birth (town/city and country)

 

2.3

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.4

If “YES” to item 2.3—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.5

If “YES” to item 2.3—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.6

If “YES” to item 2.5—list the dates this person ceased to be a citizen of the other country or countries

 

2.7

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

 

Table 5: Paternal grandmother

 

2.1

Date of birth (DD/MM/YYYY)

 

2.2

Place of birth (town/city and country)

 

2.3

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.4

If “YES” to item 2.3—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.5

If “YES” to item 2.3—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.6

If “YES” to item 2.5—list the dates this person ceased to be a citizen of the other country or countries

 

2.7

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

 

Table 6: Paternal grandfather

 

2.1

Date of birth (DD/MM/YYYY)

 

2.2

Place of birth (town/city and country)

 

2.3

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.4

If “YES” to item 2.3—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.5

If “YES” to item 2.3—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.6

If “YES” to item 2.5—list the dates this person ceased to be a citizen of the other country or countries

 

2.7

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

 

Table 7: Parent/grandparent not covered by tables 1 to 6, such as adoptive parents (if any)

2.1

This person’s relationship to you (e.g. mother, adoptive father)

 

2.2

Date of birth (DD/MM/YYYY)

 

2.3

Place of birth (town/city and country)

 

2.4

To your knowledge, is this person, or was this person ever, a citizen of a country other than Australia?

YES                        o

NO                          o

2.5

If “YES” to item 2.4—list each country other than Australia of which this person is or has been a citizen and the dates this person became a citizen of each country

 

2.6

If “YES” to item 2.4—has this person ceased to be a citizen of any country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

2.7

If “YES” to item 2.6—list the dates this person ceased to be a citizen of the other country or countries

 

2.8

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, do so in this space

 

 

2a.  If you responded “DON’T KNOW” for any details in a table at item 2, explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Explanation

 

 

 

 

 

3. Do you have a current spouse or similar partner?

 

                                    YES                 NO      

 

 

3a. If you responded “YES” to item 3, provide the following details for your current spouse or similar partner. Provide as many details as you know and enter “DON’T KNOW” for any details you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

 

Current spouse or similar partner

 

3a.1

This person’s relationship to you (e.g. spouse, current similar partner)

 

 

3a.2

Is this person, or has this person been at any time during your relationship, a citizen of a country other than Australia?

YES                        o

NO                          o

DON’T KNOW     o

 

3a.3

If “YES” to item 3a.2 and you are married to this person—was this person a citizen of a country other than Australia at the time of marriage?

YES                        o

NO                          o

DON’T KNOW     o

N/A                         o

 

3a.4

If “YES” to item 3a.3, what was the date of the marriage?

 

 

3a.5

If “YES” to item 3a.2—list each country other than Australia of which this person is a citizen or has been a citizen at any time during your relationship and the dates the person became a citizen of each country

 

 

3a.6

If “YES” to item 3a.2—has this person ceased to be a citizen of any of the countries specified in your response to item 3a.5?

YES                        o

NO                          o

DON’T KNOW     o

 

3a.7

If “YES” to item 3a.6—list the dates this person ceased to be a citizen of the other country or countries

 

 

3a.8

Did you become a citizen of a country other than Australia as a result of the relationship?

YES                        o

NO                          o

DON’T KNOW     o

 

3a.9

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, please do so in this space

 

 

 

 

3b.  If you responded “DON’T KNOW” for any details in item 3a, explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Explanation

 

 

 

 

4. Do you have a former spouse or similar partner who was a foreign citizen at any time during your relationship?

 

                                    YES                 NO                   DON’T KNOW

 

 

4a.  If you responded “DON’T KNOW” to item 4, explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Explanation

 

 

 

4b. If you responded “YES” to item 4, provide the following details for each of your former spouses and similar partners who was a foreign citizen at any time during your relationship. Provide as many details as you know and enter “DON’T KNOW” for any details you don’t know. You may reproduce the following table as many times as is needed to provide the details about each person who is relevant in your personal circumstances.

 

Former spouse or similar partner

 

4b.1

This person’s relationship to you (e.g. former spouse, former similar partner)

 

4b.2

If you were married to this person—was this person a citizen of a country other than Australia at the time of marriage?

YES                        o

NO                          o

DON’T KNOW     o

N/A                         o

4b.3

If “YES” to item 4b.2, what was the date of the marriage?

 

4b.4

List each country other than Australia of which this person was a citizen at any time during your relationship

 

4b.5

Did you become a citizen of a country other than Australia as a result of the relationship?

YES                        o

NO                          o

DON’T KNOW     o

4b.6

[OPTIONAL] If you would like to provide further details about this person that are relevant to your qualification, please do so in this space

 

 

 

4c.  If you responded “DON’T KNOW” for any details in the table at item 4b, explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Explanation

 

 

 

 

5.  Are you now, or have you ever been, a subject or citizen of any country other than Australia?

 

                                    YES                 NO                   DON’T KNOW

 

5a.  If you responded “YES” to item 5, provide the following details. Provide as many details as you know and enter “DON’T KNOW” for any details you don’t know. You may reproduce the following table as many times as is needed to provide the details about each country that is relevant in your personal circumstances.

 

5a.1

Country of foreign subjecthood or citizenship

 

5a.2

Date you acquired foreign subjecthood or citizenship

 

5a.3

Have you ceased to be a subject or citizen of the foreign country?

YES                        o

NO                          o

DON’T KNOW     o

5a.4

If “YES” to item 5a.3—how did you cease to be a subject or citizen of the foreign country?

 

5a.5

If “YES” to item 5a.3—the date you ceased to be a subject or citizen of the foreign country

 

5a.6

If “NO” to item 5a.3—provide additional details about your subjecthood or citizenship of the foreign country

 

5a.7

[OPTIONAL] If you would like to provide further information about your foreign subjecthood or citizenship/s, including how you ceased to be a subject or citizen of a foreign country, please do so in this space

 

 

 

[If you contend that you have renounced or lost your foreign citizenship, you must provide at least one document that you are satisfied supports your contention. (The document may be an official document, or if you have no official document, a statutory declaration detailing your renunciation or loss of foreign citizenship and why you cannot provide other documentation.) This will be published with this checklist on the Australian Electoral Commission’s website.]

 

5b.  If you responded “DON’T KNOW” to item 5 or for any details in the table at item 5a, explain why you don’t know and specify the steps you have taken to ascertain any details you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Explanation and steps taken

 

 

 

 

 

6.  Are you under sentence or subject to be sentenced, for an offence against a law of the Commonwealth or of a State for which you have been convicted, which is punishable by imprisonment for one year or longer?

 

 

NOTE:  A person convicted of an offence with a maximum penalty of imprisonment for one year or longer may be disqualified even if the sentence imposed on the person for the offence is less than the maximum penalty.

 

                                    YES                 NO                   DON’T KNOW

 

6a.  If you responded “YES” or “DON’T KNOW” for item 6, provide details of the sentence or the conviction for which you are subject to be sentenced, or explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Relevant details relating to possible disqualification by reason of section 44(ii) of the Australian Constitution

 

 

 

7.  Are you an undischarged bankrupt or insolvent?

 

                                    YES                 NO                   DON’T KNOW

 

7a.  If you responded “YES” or “DON’T KNOW” for item 7, provide details of your bankruptcy or insolvency or explain why you don’t know. You may provide additional documents if you are unable to fit your answer in the space provided.

 

Relevant details relating to possible disqualification by reason of section 44(iii) of the Australian Constitution

 

 

 

8.  Do you hold an office of profit under the Crown, other than an office expressly exempt from section 44(iv) of the Australian Constitution? (Offices of profit under the Crown include, for example, many public sector jobs in Australia.)

 

                                    YES                 NO                   DON’T KNOW

 

8a.  If you responded “YES” or “DON’T KNOW” for item 8, provide details (for example, the relevant body in which you hold the office of profit and your role, or explain why you don’t know). You may provide additional documents if you are unable to fit your answer in the space provided.

 

Relevant details relating to possible disqualification by reason of section 44(iv) of the Australian Constitution

 

 

 

9.  Do you have a direct or indirect financial interest in any contract or other agreement with the Commonwealth public service? Do not count an interest that is expressly excluded from section 44(v) of the Australian Constitution, such as a shareholding in a company that has 25 or more other shareholders.

 

NOTE:  You may be disqualified by reason of section 44(v) of the Australian Constitution even if you are not a party to the relevant contract or agreement. A disqualifying financial interest may arise, for example, from an agreement between the Commonwealth public service and a trustee of a family trust of which you are a beneficiary.

 

                                    YES                 NO                   DON’T KNOW

 

9a.  If you responded “YES” or “DON’T KNOW” to item 9, provide details (for example, your direct or indirect financial interests, or explain why you don’t know). You may provide additional documents if you are unable to fit your answer in the space provided.

 

Relevant details relating to possible disqualification by reason of section 44(v) of the Australian Constitution

 

 

 

10.  [OPTIONAL] Provide any additional details relating to your qualification under the Australian Constitution or the Commonwealth Electoral Act 1918. You may provide additional documents if you are unable to fit your answer in the space provided.

 

 

 

 

I confirm the information in the checklist provided above, and any additional information provided in support of my statements, to be true and correct, to the best of my knowledge.

 

 

 

 

 

                [Signature of candidate]                                                   [Date]