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COMMONWEALTH ELECTORAL LEGISLATION AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of Clause 86.

Question-That the clause stand as printed-put.

The Committee divided-

AYES, 29

Senators- Bolkus Button Childs Chipp Coates Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones (Teller) Macklin Maguire Primmer Ray, Robert Reynolds Robertson Ryan Sibraa Tate Zakharov

NOES, 24

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard (Teller) Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Kilgariff Lajovic Lewis Martin Messner Missen Reid Scott Teague Walters Watson

And so it was resolved in the affirmative.

Clause 86 agreed to accordingly.

Clause 87 agreed to.

Clause 88 read- Senator Baume moved an amendment, viz: Page 107, paragraph (b), lines 26 and 27, leave out the paragraph.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Clause 88 agreed to.

Clause 89 debated and agreed to.

Clause 90 debated and agreed to.

Clauses 91 to 97, by leave, taken together and agreed to.

Clause 98 read- Senator Baume moved an amendment, viz: Page 117, paragraph (b), proposed new sub-section 123 (1B), lines 33 to 36, leave out the proposed sub-section.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Clause 98 agreed to.

Clauses 99 to 102, by leave, taken together and agreed to.

Clause 103 read- Senator Baume moved an amendment, viz: Page 126, proposed new paragraph 133B (1) (b), lines 8 to 13, leave out the paragraph, insert the following new paragraph: ''(b) has- (i) in a case where there are more than 9 candidates in the election-numbers, each being a number by which a preference is expressed, in not less than 90% of the squares opposite to the names of candidates; or

(ii) in any other case-numbers, each being a number by which a preference is expressed, in all the squares opposite to the names of candidates or in all those squares except one square that is left blank;''.

Debate ensued.

Amendment, by leave, withdrawn.

On the motion of Senator Macklin the following amendments were, by leave, taken together, debated and agreed to: Page 126, proposed paragraph 133B (1) (b), lines 7 to 13, leave out the proposed paragraph, insert the following paragraph: ''(b) has- (i) in a case where there are more than 9 candidates in the election-in not less than 90% of the squares opposite to the names of candidates, numbers in a sequence of consecutive numbers commencing with the number 1 or numbers that with changes to no more than 3 of them would be in such a sequence; or

(ii) in any other case-in all the squares opposite to the names of candidates or in all those squares except one square that is left blank, numbers in a sequence of consecutive numbers commencing with the number 1 or numbers that with changes to no more than 2 of them would be in such a sequence; and''.

Page 126, proposed paragraphs 133B (1) (f) and (g), lines 19 to 27, leave out the proposed paragraphs, insert the following paragraphs: ''(f) where numbers in squares opposite to the names of candidates are in a sequence of consecutive numbers commencing with the number 1-the voter shall be taken to have expressed a preference by the other number, or to have expressed preferences by the other numbers, in that sequence; and

(g) the voter shall not be taken to have expressed any other preference.''.

Pages 126 and 127, proposed paragraphs 133B (2) (f) and (g), line 39 (page 126) to line 4 (page 127), leave out the proposed paragraphs, insert the following paragraphs and sub-section:

''(f) where numbers in squares opposite to the names of candidates are in a sequence of consecutive numbers commencing with the number 1-the voter shall be taken to have expressed a preference by the other number, or to have expressed preferences by the other numbers, in that sequence; and

(g) the voter shall not be taken to have expressed any other preference.

'(3) In considering, for the purposes of sub-section (1) or (2), whether numbers are in a sequence of consecutive numbers, any number that is repeated shall be disregarded.''.

Clause 103, as amended, agreed to.

Clause 104 debated.

Ordered-That further consideration of clause 104 be postponed.

Clause 105 read- On the motion of Senator Macklin the following amendment was debated and agreed to: Page 128, after paragraph (b), insert the following new paragraphs:

''(ba) by omitting from paragraph (1) (d) all the words after 'ballot-papers';

(bb) by omitting from paragraph (1) (h) all the words after 'sub-section';''.

On the motion of Senator Macklin the following further amendments were, by leave, taken together, debated and agreed to:

Page 130, paragraph (d), after proposed sub-section 135 (15), insert the following new sub-section:

'' '(15A) Notwithstanding any other provision of this section, where, on the completion of a transfer of votes under this section, the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates shall be elected.'.''.

Page 132, proposed sub-section 135 (24), lines 28 to 37, leave out the proposed sub-section.

Clause 105, as amended, agreed to.

Clauses 106 to 108, by leave, taken together and agreed to.

Clause 109 read- On the motion of Senator Macklin the following amendment was debated and agreed to:

Page 134, proposed sub-section 140A (1), lines 23 and 24, leave out ''as if in sub-section 135 (6) 'half' were inserted before 'the number of candidates' '', insert:

''as if- (a) in sub-section 135 (6) 'half' were inserted before 'the number of candidates'; and

(b) the only names of candidates appearing on the ballot-papers were the names of the candidates elected at the election and the numbers indicating preferences had been altered accordingly.''.

Clause 109, as amended, agreed to.

Clauses 110 to 112, by leave, taken together and agreed to.

Clause 113 read- Senator Baume, by leave, moved the following amendments together:

Page 143, proposed sub-section 153D (1), at end of sub-section, add ''of three-quarters of the amount of the sum payable and shall make payment to the candidate upon whose votes the amount is payable, one-quarter of the sum''.

Page 146, proposed sub-sections 153J (5) and (6), leave out ''$1,000'' (wherever occurring), insert ''$2,000''.

Page 146, proposed sub-sections 153J (5) and (6), leave out ''$200'' (twice occurring), insert ''$400''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Clause 113 further debated and agreed to.

Clause 114 read- On the motion of Senator Macklin the following amendments were, by leave, taken together, debated and agreed to: Page 163, after proposed sub-section 161 (2), insert the following new sub-section:

'' '(2A) A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, an advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot-paper for use in that election that is likely to induce an elector to mark his vote otherwise than in accordance with the directions on the ballot-paper.''.

Page 163, proposed sub-section 161 (3), line 14, leave out ''or (2)'', insert '', (2) or (2A)''.

Clause 114, as amended, agreed to.

Clauses 115 to 156, by leave, taken together and agreed to.

Schedule 1 read- On the motion of Senator Macklin the following amendments were, by leave, taken together, debated and agreed to:

Page 180, proposed Form E, leave out ''5'' (wherever occurring).

Page 180, proposed Form E, proposed note commencing with ''3'', leave out ''and candidates grouped together are in different parties''.

Page 180, proposed Form E, leave out proposed note commencing with ''5''.

On the motion of the Attorney-General (Senator Gareth Evans) the following amendment was debated and agreed to:

Page 180, proposed Form E, after ''one'', insert '', and one only,''.

Schedule 1, as amended, agreed to.

Schedules 2 to 6, by leave, taken together and agreed to.

Consideration resumed of postponed clause 82.

On the motion of Senator Gareth Evans the following amendment was debated and agreed to:

Page 106, at end of proposed section 107A, add the following sub-section:

'' '(2) Where there are 2 or more tickets to be displayed in a poster in accordance with sub-section (1), their relative positions on that poster shall be determined by lot.''.

Clause 82, as amended, further debated.

Ordered-That further consideration of clause 82, as amended, be postponed.

Consideration resumed of postponed clause 104.

Ordered-That further consideration of clause 104 be postponed.

Ordered, by leave-That clauses 28, 29 and 42, as amended, be reconsidered.

Clause 28 reconsidered- On the motion of Senator Gareth Evans the following amendment was agreed to:

Page 58, paragraph (a), line 24, leave out ''39B or 39C'', insert ''39B, 39C or 41A''.

Clause 28, as amended, agreed to.

Clause 29 reconsidered- On the motion of Senator Gareth Evans the following amendments were, by leave, taken together and agreed to:

Page 60, proposed sub-section 43 (4), line 15, leave out ''shall not be considered'', insert ''received''.

Page 60, proposed sub-section 43 (4), line 17, after ''election'', insert ''shall not be considered until after the expiration of that period''.

Clause 29, as amended, agreed to.

Clause 42, as amended, reconsidered- On the motion of Senator Gareth Evans the following amendment was agreed to:

Page 74, after proposed sub-section 58P (2), insert the following new sub-section:

'' '(3) A Parliamentary party shall not be de-registered under this section.''.

Clause 42, as amended, agreed to.

Ordered, by leave-That clauses 80, as amended, 82, as amended, and 104 be reconsidered together.

Clauses 80, as amended, 82, as amended, and 104 reconsidered- On the motion of Senator Harradine the following amendments were, by leave, taken together, debated and agreed to:

Page 103, clause 80, proposed sub-section 106 (2), line 18, after ''orders'', insert '', or any of 3 orders,''.

Page 103, clause 80, proposed sub-section 106 (4), line 32, after ''2'', insert ''or 3''.

Page 103, clause 80, proposed sub-section 106 (4), line 33, leave out ''may be'', insert ''requires''.

Page 103, clause 80, proposed sub-section 106 (5), line 37, after ''2'', insert ''or 3''.

Page 106, clause 82, proposed section 107A, line 32, after ''2'', insert ''or 3''.

Page 127, clause 104, after proposed sub-section 134A (2), insert the following new sub-section:

'' '(2A) For the purposes of section 135 where- (a) in a Senate election a ballot-paper has, or ballot-papers have, been marked in accordance with sub-section 123 (1A) by a mark having been placed in a square printed above the names of candidates in a group; and

(b) the candidates in that group have 3 group voting tickets registered for the purposes of that election, then- (c) if the number of ballot-papers is a number divisible by 3 without any remainder-one-third of the ballot-papers shall be taken to have been marked in accordance with one of the tickets, one-third of the ballot-papers shall be taken to have been marked in accordance with another one of the tickets and the other one-third in accordance with the other ticket;

(d) if there is only one ballot-paper or the number of ballot-papers is a number divisible by 3 with a remainder of 1- (i) the ballot-paper or one of the ballot-papers shall be deemed to have been marked in accordance with whichever of the 3 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

(ii) one-third of the remainder of the ballot-papers (if any) shall be deemed to have been marked in accordance with one of the tickets, one-third of that remainder shall be deemed to have been marked in accordance with another one of the tickets and the other one-third of that remainder shall be deemed to have been marked in accordance with the other ticket; or

(e) if there are 2 ballot-papers or the number of ballot-papers is a number divisible by 3 with a remainder of 2- (i) one of the ballot-papers shall be taken to have been marked in accordance with whichever of the 3 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory;

(ii) one of the ballot-papers shall be taken to have been marked in accordance with whichever of the other 2 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

(iii) one-third of the remainder of the ballot-papers (if any) shall be deemed to have been marked in accordance with one of the tickets, one-third of that remainder shall be deemed to have been marked in accordance with another one of the tickets and the other one-third of that remainder shall be deemed to have been marked in accordance with the other ticket.''.

Page 127, clause 104, proposed sub-section 134A (3), line 36, after ''2'', insert ''or (2A), as the case requires,''.

Page 128, clause 104, proposed paragraph 134A (4) (b), line 1, after ''2'', insert ''or 3''.

Clauses 80, 82 and 104, as amended, agreed to.

Title agreed to.

Bill to be reported with amendments.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Gareth Evans the Report from the Committee was adopted, and the Bill read a third time.