2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ELECTORAL LEGISLATION AMENDMENT (LOWERING THE VOTING AGE) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of Stephen Bates MP)
ELECTORAL LEGISLATION AMENDMENT (LOWERING THE VOTING AGE) BILL 2023
Overview of Bill
This Bill includes amendments to the Commonwealth Electoral Act 1918 and the Referendum
(Machinery Provisions) Act 1984.
The changes to the Commonwealth Electoral Act 1918 are intended to lower the minimum
age of a voter in Australian federal elections and referenda from 18 to 16 years of age, while maintaining the compulsory voting requirement for 16 and 17 year olds. The bill also adds being 16 or 17 years of age as a valid reason for failing to vote, which allows the Deputy Returning Officer to waive their fine for not voting.
The changes to the Referendum (Machinery Provisions) Act 1984 are intended to ensure that
the Electoral Commissioner includes 16 and 17 year olds in the certified list of voters, and also adds being 16 or 17 years of age as a valid reason for failing to vote, which allows the Deputy Returning Officer to waive their fine for not voting.
The Bill also provides that Australians who are eligible to vote, but who are not yet on the
electoral roll or are not enrolled at their correct address, can enrol to vote or update their
address at a polling centre on election day, or at an early voting centre, and will be deemed to
be enrolled at that address and eligible to cast a provisional vote at that time.
NOTES ON CLAUSES
Clause 1 – Short Title
This clause provides for the Bill, when enacted, to be cited as the Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023.
Clause 2 – Commencement
This clause provides that the whole of the Act commences on the day after the Act receives the Royal Assent.
Clause 3 – Schedules
Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 - Amendments
Commonwealth Electoral Act 1918
Items 1, 12 and 13 – Enrolment Age
- Items 1, 12, and 13 serve to lower the enrolment age from 16 to 14, by omitting “age
16” and substituting “age 14” in subsections 4(3), 98(1) and 98(3).’
Items 2 to 11, 17 to 19, 23 and 24 – Voting Age
- Items 2-11 serve to lower the voting age from 18 to 16, by omitting “age 18” and substituting “age 16” in paragraph 55(2)(b), subsection 90B(10)(subparagraph (g)(iii) of the definition of additional information), paragraphs 93(1)(a) and 93(3)(b), subsection 93(4), paragraphs 95(1)(c) and (f) and 95(6)(a) and (b), subsection 95(7), and paragraphs 95(8)(a) and 95(13)(e). Items 17, 18 and 23 omit “18” and substitute “16” in paragraph 100(1)(b), subsection 100(2), subsection 101(6A) and paragraphs 121(1)(c) and 208(2)(b).
Item 14 – Election Day Enrolment Claim
- Item 14 adds subsection (6) at the end of section 98, which provides that a provisional vote by a person who is entitled to enrolment, but is not currently enrolled, shall qualify as a claim to enrolment.
Items 15, 16, 21 to 25, 29 and 30 – Age 14 Enrolment
- Item 15 repeals the heading “Claims for age 16 enrolment” and substitutes “Claims for age 14 enrolment” in section 100 (heading).
- Item 16 omits “has turned 16, but is under 18, years of age” and substitutes “has turned 14, but is under 16, years of age” in paragraph 100(1)(a).
- Items 21-25 and 29-30 serve to lower the enrolment age from 16 to 14, by omitting “16” and substituting “14” in paragraph 108(a), subsection 120(2) (table item 4), paragraphs 121(1)(c), 208(2)(b) and 221(3)(a), section 342 and subsection 343(1).
Items 20, 26 and 27 – Election Day Enrolment
- Item 20 adds subsection (5A) at the end of section 102. Subsection (5A) provides that if a claim under section 101 is made on the polling day for an election, then, despite subsection (4): the claim must be regarded as having been received before the start of the suspension period; and if the claimant’s name is entered on the Roll in accordance with the claim, the enrolment must, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the start of the suspension period.
- Item 26 adds paragraph (f) at the end of subsection 235(1). Paragraph (f) means that an elector claiming for enrolment on the polling day for an election can cast a provisional vote.
- Item 27 adds subsection (3A) in section 235. Subsection (3A) provides that an elector claiming for enrolment on polling day must present a claim for enrolment in accordance with section 101 of the Commonwealth Electoral Act 1918; and prescribes the evidence as to the person’s identity that the elector must present.
Item 28 – Waiving Fines for Persons Aged 16 and 17
- Item 28 adds subsection 245(4)(e) at the end of subsection 245(4), which provides that the Deputy Returning Officer does not need to issue a penalty notice if the individual was 16 or 17 years of age at the time of voting.
Item 31 – Voting Age
Referendum (Machinery Provisions) Act 1984
- Items 31 omits “18 years old” and substitutes “16 years old” in paragraph 22(2)(b). This item means that a person who is at least 16 years old and who fulfils the requirements in paragraphs (2)(a) and (2)(c) should have their name included on the list of voters.
Items 32 and 33 – Referendum Day Enrolment
- Item 32 adds paragraph (f) at the end of subsection 37(1). Paragraph (f) provides that section 37(1) applies to a person who makes a claim for enrolment on the polling day for a referendum.
- Item 33 adds subsection (3A) in section 37. Subsection (3A) provides that a person who makes a claim for enrolment on the polling day for a referendum must present a claim for enrolment in accordance with section 101 of the Commonwealth Electoral Act 1918; and prescribes the evidence as to the person’s identity that the elector must present.
Item 34 - Waiving Fines for Persons Aged 16 and 17
- Item 34 adds subsection 45(4)(e) at the end of subsection 45(4), which provides that the Deputy Returning Officer does not need to issue a penalty notice if the individual was 16 or 17 years of age at the time of voting.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Bill has the effect of lowering the minimum age of a voter in Australian federal elections and referenda from 18 years to 16 years of age, while maintaining the compulsory voting system for voters of all ages. The Bill also includes being 16 or 17 years of age as a valid reason allowing the Deputy Returning Officer to waive fines for failing to vote. This ensures that while expected and required to vote, young people will not risk being forced to navigate the court system or pay a fine for failing to vote.
The Bill ensures that the Electoral Commissioner includes 16 and 17 year olds in the certified list of voters.
The Bill also provides that Australians who are eligible to vote but who are not yet on the electoral roll or are not enrolled at their correct address, can enrol to vote or update their address at a polling centre on election day, or at an early voting centre, and will be deemed to be enrolled at that address and eligible to cast a provisional vote at that time.
Human rights implications
This Bill engages human rights. The following human rights are promoted by this Bill:
● Article 25 of the International Covenant on Civil and Political Rights, which provides that every citizen shall have the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives.
● Article 12 of the Convention on the Rights of the Child, which provides that the child who is capable of forming his or her own views has the right to express those views freely in all matters affecting the child.
By extending the right to vote to 16 and 17 year olds and allowing citizens to enrol on election day and cast a provisional vote, this Bill will allow a greater number of Australian citizens the opportunity to participate in elections and the Parliament will represent a larger share of Australian citizens.
Conclusion
This Bill does not raise any issues with the human rights recognised in the international instruments referred to in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Stephen Bates MP