Schedule 1 Amendments
(regulation 3)
[1] Part II, Division 1, after regulation 11
insert
12 Evidence of Identity (paragraphs 94A (2) (e), 95 (2) (d), 96 (2) (d), 98 (2) (d) and 99A (4) (e) of the Act)
(1) Subject to subregulations (2) and (3), a person making an application under section 94A, 95 or 96, and a person making a claim under section 98 or 99A of the Act must provide details of:
(a) his or her driver’s licence number; and
(b) the Australian State or Territory in which the licence was issued.
(2) If an applicant or claimant does not hold a driver’s licence issued by an Australian State or Territory:
(a) the applicant or claimant must show to a person in a class of electors set out in Schedule 2 an original document, of a kind set out in Schedule 3, that identifies the applicant or claimant; and
(b) the person must complete the declaration on the enrolment form, stating that the person:
(i) is on the roll of electors; and
(ii) has sighted the original of one of the documents in Schedule 3.
(3) If a claimant under section 98 of the Act who has also made an application under section 99B of the Act, does not hold a driver’s licence issued by an Australian State or Territory:
(a) the claimant must show to a person in a class of electors set out in Schedule 2, an original document of a kind set out in Schedule 4, that identifies the claimant; and
(b) the person must complete the declaration on the enrolment form, stating that the person:
(i) is on the roll of electors; and
(ii) has sighted the original of one of the documents in Schedule 4.
(4) If an applicant or claimant is unable to comply with subregulation (1), (2) or (3), the applicant or claimant must have his or her application or claim signed by 2 electors, who are able to:
(a) confirm the applicant’s or claimant’s name; and
(b) confirm that they have known the applicant or claimant for at least 1 month.
13 Prescribed electors (subparagraph 99B (4) (b) (i) and subsection 99B (6) of the Act, and subparagraph 38 (4) (b) (i) and subsection 38 (6) of the Referendum (Machinery Provisions) Act)
(1) The classes of electors to whom:
(a) an original of an applicant’s notification of Australian citizenship from the Immigration Department; or
(b) a copy of an applicant’s notification of Australian citizenship from the Immigration Department;
can be shown are set out in Schedule 2.
(2) The classes of electors who can attest that they:
(a) have sighted:
(i) an applicant’s notification of Australian citizenship from the Immigration Department; or
(ii) a copy of an applicant’s notification of Australian citizenship from the Immigration Department; and
(b) are satisfied that the notification relates to the applicant;
are set out in Schedule 2.
(3) The classes of electors who can attest to a copy of an applicant’s certificate of Australian citizenship are set out in Schedule 2.
(4) Subregulation (3) ceases to have effect on the commencement of section 3 of the Australian Citizenship Act 2006.
[2] Part III, Division 1, after regulation 39A
insert
39B Evidence of identity (subsection 235 (1B) of the Act and subsection 37 (1B) of the Referendum (Machinery Provisions) Act)
(1) A person who wishes to cast a provisional vote on polling day or voting day must:
(a) at the time the provisional vote is cast, show to an officer:
(i) the original of his or her driver’s licence; or
(ii) an original document of a kind set out in Schedule 3; or
(b) by close of business on the first Friday following the polling day or voting day, show to an officer:
(i) an original or attested copy of his or her driver’s licence; or
(ii) an original or attested copy of a document of a kind set out in Schedule 3.
(2) A provisional vote cast in accordance with paragraph (1) (b) is taken not to be valid unless the person shows to an officer:
(a) an original or attested copy of his or her driver’s licence; or
(b) an original or attested copy of a document of a kind set out in Schedule 3;
by close of business on the first Friday following the polling day or voting day.
(3) The classes of electors who can attest to a copy of:
(a) a person’s driver’s licence; or
(b) a document of a kind set out in Schedule 3;
are set out in Schedule 2.
39C Prescribed classes of electors (subparagraph 6 (cb) (ii) of Schedule 3 to the Act and subparagraph 6 (cb) (ii) of Schedule 4 to the Referendum (Machinery Provisions) Act)
(1) The classes of electors who can attest to a copy of the applicant’s certificate of Australian citizenship are set out in Schedule 2.
(2) Subregulation (1) ceases to have effect on the commencement of section 3 of the Australian Citizenship Act 2006.
[3] After Schedule 1
insert
Schedule 2 Prescribed electors
(paragraphs 12 (2) (a) and (b), subregulations 13 (1), (2) and (3), subregulation 39B (3) and subregulation 39C (1))
| Item | Class of elector |
| 1 | Accountant who is a registered tax agent |
| 2 | Bank officer, except the manager of a bank travel centre |
| 3 | Building society officer |
| 4 | Chairperson or Committee member of an incorporated Aboriginal and/or Torres Strait Islander organisation |
| 5 | Chartered professional engineer |
| 6 | Clerk, sheriff or bailiff of a court |
| 7 | Commissioner for Affidavits of a State or Territory |
| 8 | Commissioner for Declarations of a State or Territory |
| 9 | Commissioner for Oaths of a State or Territory |
| 10 | Credit union officer |
| 11 | Diplomatic or consular officer, except an honorary consular officer, of an Australian embassy, high commission, or consulate |
| 12 | Finance company officer, where the company borrows or lends or otherwise deals in finance as its principal or characteristic activity |
| 13 | Full‑time or permanent part‑time employee of the Commonwealth, or a State or Territory, or a Commonwealth, State or Territory authority |
| 14 | Full‑time or permanent part‑time teacher currently employed at a school or tertiary institution |
| 15 | Holder of a current liquor licence |
| 16 | Holder of a current pilot’s licence |
| 17 | Holder of a statutory office for which an annual salary is payable |
| 18 | Licensed or registered real estate agent |
| 19 | Manager of a building society or credit union |
| 20 | Manager of a community, ethnic or remote resource centre |
| 21 | Manager of a women’s refuge, or of a crisis and counselling service that provides counselling or assistance to victims of domestic violence, sexual assault or sexual abuse |
| 22 | Marriage celebrant within the meaning of the Marriage Act 1961 |
| 23 | Marriage counsellor within the meaning of the Family Law Act 1975 |
| 24 | Master of a merchant vessel |
| 25 | Member of the Association of Consulting Engineers |
| 26 | Member of the Association of Taxation and Management Accountants |
| 27 | Member of the Australian Defence Force |
| 28 | Member of the ground staff of an airline that operates a regular passenger service |
| 29 | Member of the Institute of Company Secretaries of Australia |
| 30 | Member of the staff of a person who is a member of: (a) the parliament of the Commonwealth or a State; or (b) the legislature of a Territory; or (c) a local government authority of a State or Territory |
| 31 | Member of the staff of a State or Territory electoral authority |
| 32 | Member of the staff of the Australian Electoral Commission |
| 33 | Minister of religion within the meaning of the Marriage Act 1961 |
| 34 | Person employed as a remote resource centre visitor |
| 35 | Police aide |
| 36 | Postal manager or other permanent Australia Post employee |
| 37 | Prison officer |
| 38 | Registered dentist |
| 39 | Registered medical practitioner |
| 40 | Registered nurse or enrolled nurse |
| 41 | Registered or licensed surveyor |
| 42 | Registered pharmacist |
| 43 | Registered physiotherapist |
| 44 | A person who is not described in a preceding item in this Schedule before whom statutory declarations may be made under a law of the Commonwealth, a State or a Territory |
Schedule 3 Prescribed documents
(paragraphs 12 (2) (a) and (b), subparagraph 13 (1) (a) (ii), subparagraph 13 (1) (b) (ii) and paragraphs 39B (2) (b) and 39B (3) (b))
| Item | Document |
| 1 | Australian birth certificate, or an extract of an Australian birth certificate, that is at least 5 years old |
| 2 | Australian Defence Force discharge document |
| 3 | Certificate of Australian citizenship |
| 4 | Current Australian passport |
| 5 | Current Australian photographic student identification card |
| 6 | Card issued by, or under the authority of, a State or Territory government the principal purpose of which (or one of the principal purposes of which) is to prove a person’s age |
| 7 | Current concession card issued by Centrelink |
| 8 | Current concession card issued by the Department of Veterans’ Affairs |
| 9 | Current credit card or bank account card |
| 10 | Decree nisi or a certificate of a decree absolute made or granted by the Family Court of Australia |
| 11 | Document of appointment as an Australian Justice of the Peace |
| 12 | Current firearms licence (with photograph and signature) |
| 13 | Current identity card showing the signature and photograph of the card holder, issued by his or her employer |
| 14 | Marriage certificate registered with an Australian State or Territory Registry of Births, Deaths and Marriages, or equivalent |
| 15 | Medicare card |
| 16 | Current security guard or crowd control licence |
Schedule 4 Prescribed documents
(paragraph 12 (3) (a), subparagraph 12 (3) (b) (ii))
| Item | Document |
| 1 | Australian birth certificate, or an extract of an Australian birth certificate, that is at least 5 years old |
| 2 | Australian Defence Force discharge document |
| 3 | Certificate of Australian citizenship |
| 4 | Current Australian passport |
| 5 | Current Australian photographic student identification card |
| 6 | Card issued by, or under the authority of, a State or Territory government the principal purpose of which (or one of the principal purposes of which) is to prove a person’s age | |
| 7 | Current concession card issued by Centrelink |
| 8 | Current concession card issued by the Department of Veterans’ Affairs |
| 9 | Current credit card or bank account card |
| 10 | Decree nisi or a certificate of a decree absolute made or granted by the Family Court of Australia |
| 11 | Document issued by the Australian Government notifying a person of eligibility for Australian citizenship |
| 12 | Document of appointment as an Australian Justice of the Peace |
| 13 | Current firearms licence (with photograph and signature) |
| 14 | Current foreign passport and current Australian visa |
| 15 | Current identity card showing the signature and photograph of the card holder, issued by his or her employer |
| 16 | Marriage certificate registered with an Australian State or Territory Registry of Births, Deaths and Marriages, or equivalent |
| 17 | Medicare card |
| 18 | Current security guard or crowd control licence |
| 19 | Current travel document and current Australian visa |