Part 1 — Amendments commencing on the day after Royal Assent is given

Commonwealth Electoral Act 1918

1  Subsection 4(1) (definition of Approved )

Repeal the definition.

2  Subsection 4(1)

Insert:

approved form means a form that:

                     (a)  is approved by the Electoral Commissioner in writing; and

                     (b)  has been published by the Electoral Commissioner.

Example:    An approved form might have been published by the Electoral Commissioner on the Electoral Commission’s website.

3  Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an approved form for any purpose of the Commonwealth Electoral Act 1918 continues to be an approved form for that purpose until another form becomes an approved form (as defined in subsection 4(1) of that Act as amended by this Part) for that purpose.

4  Section 37

Repeal the section.

5  Subsection 80(1)

Omit “Commission may, by notice published in the Gazette :”, substitute “Commissioner may in writing:”.

6  Paragraph 80(1)(a)

Omit “it”, substitute “he or she”.

7  After subsection 80(2)

Insert:

          (2A)  The Electoral Commissioner must cause to be published, on the Electoral Commission’s website and in any other way he or she considers appropriate, notice of an appointment, declaration or abolition made under subsection (1).

          (2B)  Failure to publish notice of an appointment, declaration or abolition made under subsection (1), as required by subsection (2A), does not affect the validity of the appointment, declaration or abolition.

8  Subsection 80(3)

Omit “Commission”, substitute “Commissioner”.

9  Saving provision for polling places

The amendments of section 80 of the Commonwealth Electoral Act 1918 made by this Part do not affect the appointment of a polling place under that section that was made before the commencement of this Part.

10  Subsection 200BA(1)

Omit “Commission”, substitute “Commissioner”.

11  Subsection 200BA(2)

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

12  Paragraph 200BA(2)(a)

Omit “in the Gazette ”, substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

13  Paragraph 200BA(2)(b)

Omit “Commission”, substitute “Commissioner”.

14  Paragraph 200BA(2)(b)

Omit “in the Gazette ” (wherever occurring), substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

15  Subsection 200BA(3)

Omit “Commission”, substitute “Commissioner”.

16  Paragraph 200BA(3)(b)

Omit “if it”, substitute “if the Electoral Commissioner”.

17  At the end of section 200BA

Add:

             (5)  Failure to publish in accordance with this section a copy of a declaration made under subsection (1) does not affect the validity of the declaration.

18  Saving provision for pre-poll voting offices

The amendments of section 200BA of the Commonwealth Electoral Act 1918 made by this Part do not affect the declaration of a place as a pre-poll voting office under that section that was made before the commencement of this Part.

Referendum (Machinery Provisions) Act 1984

19  Subsection 3(1) (definition of approved )

Repeal the definition.

20  Subsection 3(1)

Insert:

approved form means a form that:

                     (a)  is approved by the Electoral Commissioner in writing; and

                     (b)  has been published by the Electoral Commissioner.

Example:    An approved form might have been published by the Electoral Commissioner on the Electoral Commission’s website.

21  Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an approved form for any purpose of the Referendum (Machinery Provisions) Act 1984 continues to be an approved form for that purpose until another form becomes an approved form (as defined in subsection 3(1) of that Act as amended by this Part) for that purpose.

22  Subsection 16(2)

Omit “Commission”, substitute “Commissioner”.

23  Subsection 16(3)

Omit “Commission”, substitute “Commissioner”.

24  Subsection 73AA(1)

Omit “Commission”, substitute “Commissioner”.

25  Subsection 73AA(2)

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

26  Paragraph 73AA(2)(a)

Omit “in the Gazette ”, substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

27  Paragraph 73AA(2)(b)

Omit “Commission”, substitute “Commissioner”.

28  Paragraph 73AA(2)(b)

Omit “in the Gazette ” (wherever occurring), substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

29  Subsection 73AA(3)

Omit “Commission” (wherever occurring), substitute “Commissioner”.

30  Paragraph 73AA(3)(b)

Omit “if it”, substitute “if the Electoral Commissioner”.

31  After subsection 73AA(4)

Insert:

          (4A)  Failure to publish in accordance with this section a copy of a declaration made under subsection (1) does not affect the validity of the declaration.

32  Saving provision for pre-poll voting offices

The amendments of section 73AA of the Referendum (Machinery Provisions) Act 1984 made by this Part do not affect the declaration of a place as a pre-poll voting office under that section that was made before the commencement of this Part.

33  Paragraph 73C(a)

Omit “Commission”, substitute “Commissioner”.

Part 2 — Amendments with contingent commencement

Commonwealth Electoral Act 1918

34  Subsection 200BA(1A)

Omit “Commission”, substitute “Commissioner”.

35  Subsection 200BA(3A)

Repeal the subsection, substitute:

          (3A)  If the Electoral Commissioner makes a declaration under subsection (1A), he or she must cause a copy of the declaration to be published on the Electoral Commission’s website and in any other way he or she considers appropriate.

36  Subsection 200BA(5)

After “subsection (1)”, insert “or (1A)”.

Referendum (Machinery Provisions) Act 1984

37  Subsection 73AA(1A)

Omit “Commission”, substitute “Commissioner”.

38  Subsection 73AA(3A)

Repeal the subsection, substitute:

          (3A)  If the Electoral Commissioner makes a declaration under subsection (1A), he or she must cause a copy of the declaration to be published on the Electoral Commission’s website and in any other way he or she considers appropriate.

39  Subsection 73AA(4A)

After “subsection (1)”, insert “or (1A)”.