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Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012

Schedule 2 Declaration votes and objection action

   

Commonwealth Electoral Act 1918

1  Subsection 105(4)

Repeal the subsection, substitute:

             (4)  The Electoral Commissioner may enter the name of an elector who is not enrolled, and who has made a declaration vote, on the Roll for the Subdivision in which the elector was living at the time of voting if:

                     (a)  at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 3:

                              (i)  the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and

                             (ii)  paragraph 12 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope; or

                     (b)  at a preliminary scrutiny of declaration votes conducted in accordance with Schedule 4 to the Referendum (Machinery Provisions) Act 1984 :

                              (i)  the envelope containing the elector’s ballot paper meets the requirements of paragraph 6 of that Schedule (about ballot papers being properly issued); and

                             (ii)  paragraph 11 of that Schedule (about omissions from a Roll due to error or a mistake of fact) applies to the envelope.

2  Paragraphs 10 and 11 of Schedule 3

Repeal the paragraphs, substitute:

            10.  If the preliminary scrutiny relates to a Senate election held concurrently with a House of Representatives election or a Senate election held alone, the DRO must divide the envelopes that meet the requirements of paragraph 6 into groups as follows:

                     (a)  in one group:

                              (i)  the envelopes bearing certificates or declarations by persons who are enrolled for the Division or whose claims for enrolment are claims to which subsection 102(5) of the Act applies; and

                             (ii)  the envelopes to which paragraph 12 applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were living at an address in the Division;

                     (b)  in another group:

                              (i)  the envelopes bearing certificates or declarations by persons who are not enrolled for the Division but are enrolled for the State or Territory in which the Division is situated; and

                             (ii)  the envelopes to which paragraph 12 applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were not living at an address in the Division but were living at an address in the State or Territory in which the Division is situated;

                     (c)  in another group, all the other envelopes.

            11.  If the preliminary scrutiny relates to a House of Representatives election not held concurrently with a Senate election, the DRO must divide the envelopes that meet the requirements of paragraph 6 into groups as follows:

                     (a)  in one group:

                              (i)  the envelopes bearing certificates or declarations by persons who are enrolled for the Division or whose claims for enrolment are claims to which subsection 102(5) of the Act applies; and

                             (ii)  the envelopes to which paragraph 12 applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were living at an address in the Division;

                     (b)  in another group, all the other envelopes.

3  Subparagraph 12(b) of Schedule 3

Repeal the subparagraph, substitute:

                     (b)  after making enquiry:

                              (i)  that the elector was, at the time of voting, entitled to be enrolled for the Division; and

                             (ii)  that the omission of the elector’s name from the Roll for the Division was due to an error made by an officer or to a mistake of fact.

4  Paragraphs 15 and 16 of Schedule 3

Omit “10(d) and 11(c)”, substitute “10(c) and 11(b)”.

5  Paragraph 18 of Schedule 3

Omit “10(a) or (b) or 11(a) or (b)”, substitute “10(a) or 11(a)”.

6  Paragraph 19 of Schedule 3

Omit “10(c)”, substitute “10(b)”.

Referendum (Machinery Provisions) Act 1984

7  Paragraph 10 of Schedule 4

Repeal the paragraph, substitute:

            10.  The DRO must divide the envelopes that meet the requirements of paragraph 6 into groups as follows:

                     (a)  in one group:

                              (i)  the envelopes bearing certificates or declarations by persons who are enrolled for the State or Territory in which the Division is situated (whether or not for the Division itself); and

                             (ii)  the envelopes bearing certificates or declarations by persons whose claims for enrolment are claims to which subsection 102(5) of the Commonwealth Electoral Act 1918 applies; and

                            (iii)  the envelopes to which paragraph 11 of this Schedule applies and that bear certificates or declarations by persons who, at the time of the omission referred to in that paragraph, were living at an address in the State or Territory in which the Division is situated (whether or not in the Division itself);

                     (b)  in another group, all the other envelopes.

8  Subparagraph 11(b) of Schedule 4

Repeal the subparagraph, substitute:

                     (b)  after making enquiry:

                              (i)  that the elector was, at the time of voting, entitled to be enrolled for the Division; and

                             (ii)  that the omission of the elector’s name from the Roll for the Division was due to an error made by an officer or to a mistake of fact.

9  Paragraph 13 of Schedule 4

Omit “election” (first occurring), substitute “ election ”.

10  Paragraphs 14 and 15 of Schedule 4

Omit “10(d)”, substitute “10(b)”.

11  Paragraphs 16 and 17 of Schedule 4

Repeal the paragraphs, substitute:

            16.  The DRO must, after the close of voting in the Division, without unfolding or inspecting them or allowing any other person to do so:

                     (a)  withdraw the ballot-papers from envelopes referred to in subparagraph 10(a); and

                     (b)  place those ballot papers in a ballot-box by themselves for further scrutiny.

12  Paragraph 19 of Schedule 4

Omit “paragraph 17”, substitute “paragraph 16”.