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Senate Journal No. 29 - 11 May 2011
- 1 MEETING OF SENATE
- 2 GOVERNMENT DOCUMENTS
- 3 DEATH OF FORMER DEPUTY CLERK OF THE SENATE MR HERBERT (BERT) CHARLES NICHOLLS
- 4 ELECTORAL MATTERS—JOINT STANDING COMMITTEE—REFERENCE—VARIATION OF APPOINTMENT
- 5 HOURS OF MEETING AND ROUTINE OF BUSINESS—VARIATION
- 6 THERAPEUTIC GOODS LEGISLATION AMENDMENT (COPYRIGHT) BILL 2011
- 7 ELECTORAL AND REFERENDUM AMENDMENT (PROVISIONAL VOTING) BILL 2011
- 8 ELECTORAL AND REFERENDUM AMENDMENT (ENROLMENT AND PRISONER VOTING) BILL 2010
- 9 SEX AND AGE DISCRIMINATION LEGISLATION AMENDMENT BILL 2010
- 10 MATTERS OF PUBLIC INTEREST
- 11 QUESTIONS
- 12 MOTION TO TAKE NOTE OF ANSWERS
- 13 PETITION
- 14 NOTICES
- 15 POSTPONEMENT
- 16 FINANCE AND PUBLIC ADMINISTRATION REFERENCES COMMITTEE—EXTENSION OF TIME TO REPORT
- 17 SENATORS' INTERESTS—STANDING COMMITTEE—EXTENSION OF TIME TO REPORT
- 18 LEGAL AND CONSTITUTIONAL AFFAIRS REFERENCES COMMITTEE—EXTENSION OF TIME TO REPORT
- 19 CORPORATIONS AND FINANCIAL SERVICES—JOINT STATUTORY COMMITTEE—LEAVE TO MEET DURING SITTING
- 20 ENVIRONMENT AND COMMUNICATIONS REFERENCES COMMITTEE—LEAVE TO MEET DURING SITTING
- 21 MIGRATION—JOINT STANDING COMMITTEE—LEAVE TO MEET DURING SITTING
- 22 ENVIRONMENT AND COMMUNICATIONS LEGISLATION COMMITTEE—LEAVE TO MEET DURING SITTING
- 23 ENVIRONMENT AND COMMUNICATIONS REFERENCES COMMITTEE—PROPOSED REFERENCE
- 24 LEGAL AND CONSTITUTIONAL AFFAIRS REFERENCES COMMITTEE—REFERENCE
- 25 FOREIGN AFFAIRS—MARRICKVILLE COUNCIL—ISRAELI BOYCOTT
- 26 FOREIGN AFFAIRS—PALESTINE AND ISRAEL
- 27 CULTURE AND THE ARTS—AUSTRALIA'S CULTURAL INSTITUTIONS
- 28 FOREIGN AFFAIRS—CHORNOBYL—NUCLEAR REACTOR ACCIDENT
- 29 FOREIGN AFFAIRS—MALAYSIA
- 30 DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—BUDGET 2011-12
- 31 SCRUTINY OF BILLS—STANDING COMMITTEE—4TH REPORT AND ALERT DIGEST NO. 4 OF 2011
- 32 PUBLIC ACCOUNTS AND AUDIT—JOINT STATUTORY COMMITTEE—STATEMENT—DRAFT ESTIMATES FOR THE AUDIT OFFICE
- 33 PUBLIC ACCOUNTS AND AUDIT—JOINT STATUTORY COMMITTEE—422ND REPORT
- 34 TREATIES—JOINT STANDING COMMITTEE—116TH REPORT
- 35 LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE—DOCUMENT—WILD RIVERS (ENVIRONMENTAL MANAGEMENT) BILL 2011
- 36 FINANCE—CREDIT CARD SURCHARGE—DOCUMENT
- 37 AUSTRALIAN PARLIAMENTARY DELEGATION TO BHUTAN AND MONGOLIA—DOCUMENT
- 38 ASIA PACIFIC PARLIAMENTARY FORUM—AUSTRALIAN PARLIAMENTARY DELEGATION—DOCUMENT
- 39 DOCUMENTS
- 40 DEPARTMENTAL AND AGENCY APPOINTMENTS AND VACANCIES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 41 DEPARTMENTAL AND AGENCY GRANTS—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENTS
- 42 COMMITTEE MEMBERSHIP
- 43 FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2010
- 44 MIDWIFE PROFESSIONAL INDEMNITY LEGISLATION AMENDMENT BILL 2011
- 45 SEX AND AGE DISCRIMINATION LEGISLATION AMENDMENT BILL 2010
- 46 GOVERNMENT DOCUMENTS—CONSIDERATION
- 47 ADJOURNMENT
- 48 ATTENDANCE
ELECTORAL AND REFERENDUM AMENDMENT (PROVISIONAL VOTING) BILL 2011Order of the day read for the adjourned debate on the motion of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans)—That this bill be now read a second time. Debate resumed. Question put and passed. Bill read a second time. The Senate resolved itself into committee for the consideration of the bill. In the committee Bill taken as a whole by leave. On the motion of Senator Xenophon the following amendments, taken together by leave, were agreed to: Schedule 1, item 2, page 3 (line 18), at the end of paragraph 3A, add "If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.". Schedule 1, item 5, page 4 (line 9), at the end of paragraph 3A, add "If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the referendum, to require the elector to provide evidence of his or her identity by the first Friday following the voting day for that referendum.". Senator Xenophon moved the following amendments together by leave: Title, page 1 (line 2), omit "related", substitute "other". Clause 1, page 1 (line 7), after "Voting", insert "and Other Measures".
Schedule 2—Amendments relating to misleading or deceptive conduct
Commonwealth Electoral Act 1918 1 After section 329 Insert:
329A Misleading or deceptive conduct (1) A person commits an offence if: (a) the person either: (i) engages in conduct; or (ii) authorises another person to engage in conduct; and (b) that conduct occurs during the relevant period in relation to an election under this Act; and (c) that conduct is likely to mislead or deceive an elector in relation to the casting of a vote. Penalty: (a) if the offender is a natural person—$1,000 or 6 months' imprisonment; or (b) if the offender is a body corporate—$5,000. (2) In a prosecution of a person under subsection (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the conduct was likely to mislead or deceive an elector in relation to the casting of a vote. Note: A defendant bears a legal burden in relation to the defence in subsection (2) (see section 13.4 of the Criminal Code). (3) If the Electoral Commissioner is satisfied that, during the relevant period in relation to an election under this Act, a person is engaging in, or has engaged in, conduct that is likely to mislead or deceive an elector in relation to the casting of a vote, the Electoral Commissioner may request the person to desist from that conduct. (4) In proceedings for an offence under this section, the court may take into account a person's response to a request under subsection (3) in assessing any penalty to which the person may be liable. (5) If the court is satisfied, in proceedings for an offence under this section, that a person has engaged in conduct that is likely to mislead or deceive an elector in relation to the casting of a vote, the court may order the person to desist from that conduct.
Referendum (Machinery Provisions) Act 1984 2 After section 122 Insert:
122A Misleading or deceptive conduct (1) A person commits an offence if: (a) the person either: (i) engages in conduct; or (ii) authorises another person to engage in conduct; and
(c) that conduct is likely to mislead or deceive an elector in relation to the casting of a vote at the referendum. Penalty: (a) if the offender is a natural person—$1,000 or 6 months' imprisonment; or (b) if the offender is a body corporate—$5,000. (2) In a prosecution of a person under subsection (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the conduct was likely to mislead or deceive an elector in relation to the casting of a vote at the referendum. Note: A defendant bears a legal burden in relation to the defence in subsection (2) (see section 13.4 of the Criminal Code). (3) If the Electoral Commissioner is satisfied that, during the referendum period in relation to a referendum under this Act, a person is engaging in, or has engaged in, conduct that is likely to mislead or deceive an elector in relation to the casting of a vote at the referendum, the Electoral Commissioner may request the person to desist from that conduct. (4) In proceedings for an offence under this section, the court may take into account a person's response to a request under subsection (3) in assessing any penalty to which the person may be liable. (5) If the court is satisfied, in proceedings for an offence under this section, that a person has engaged in conduct that is likely to mislead or deceive an elector in relation to the casting of a vote at the referendum, the court may order the person to desist from that conduct. 3 Application of amendments (1) The amendment made by item 1 of this Schedule applies in relation to elections the writs for which are issued on or after the commencement of this Schedule. (2) The amendment made by item 2 of this Schedule applies in relation to referendums the writs for which are issued on or after the commencement of this Schedule. Debate ensued. Question—That the amendments be agreed to—put and negatived. Bill, as amended, agreed to. Bill to be reported with amendments. The Acting Deputy President (Senator Hutchins) resumed the chair and the Temporary Chair of Committees reported accordingly. On the motion of the Parliamentary Secretary for Defence (Senator Feeney) the report from the committee was adopted. Senator Feeney moved—That this bill be now read a third time.
The Senate divided— AYES, 33 Senators— Bilyk Bishop Brown, Bob Brown, Carol Cameron Carr Collins Conroy Crossin Farrell Faulkner Feeney Fielding Forshaw Hanson-Young Hogg Hurley Hutchins Ludlam Ludwig Lundy Marshall McEwen (Teller) McLucas Milne Moore O'Brien Polley Pratt Siewert Sterle Wortley Xenophon NOES, 31 Senators— Adams Back Bernardi Birmingham Boswell Boyce Bushby Cash Colbeck Coonan Ferguson Fierravanti-Wells Fifield Fisher Heffernan Humphries Johnston Joyce Kroger Macdonald Mason McGauran Minchin Nash Parry Payne Ryan Scullion Troeth Trood Williams (Teller) Question agreed to. Bill read a third time. | |