Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Electoral and Referendum Legislation Amendment Bill 2007

Schedule 3 Other amendments

Part 1 Proof of identity for people enrolling from outside Australia

Commonwealth Electoral Act 1918

1  Subsection 4(1)

Insert:

Australian passport means a passport issued under the Australian Passports Act 2005 .

2  Subsection 98AA(1)

Omit “the applicant”, substitute “an applicant”.

3  Paragraphs 98AA(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  provide documentary evidence of his or her name by providing:

                              (i)  in the case of an applicant for enrolment under section 94A or 95—his or her driver’s licence number or Australian passport number; or

                             (ii)  in any other case—his or her driver’s licence number; or

                     (b)  if:

                              (i)  in the case of an applicant for enrolment under section 94A or 95—the applicant does not possess a driver’s licence or an Australian passport; or

                             (ii)  in any other case—the applicant does not possess a driver’s licence;

                            show to an elector in a prescribed class of electors a prescribed kind of document that identifies the applicant; or

4  Saving—regulations under paragraphs 98AA(1)(a) and (b)

(1)       Regulations in force before the commencement of item 3 for the purposes of paragraphs 98AA(1)(a) and (b) of the Commonwealth Electoral Act 1918 continue in force after that commencement as if they had been made for the purposes of those paragraphs as in force after that commencement.

(2)       Subitem (1) does not prevent amendment or repeal of regulations referred to in that subitem.



 

Part 2 Pre-poll voting offices

Commonwealth Electoral Act 1918

5  Subsection 4(1) (definition of pre-poll voting office )

Omit “subsection 200D(2)”, substitute “subsection 200BA(1)”.

6  After section 200B

Insert:

200BA   Pre-poll voting offices

             (1)  The Electoral Commission may declare, in writing, for an election:

                     (a)  a specified place to be a pre-poll voting office; and

                     (b)  the day or days on which, and the hours during which, applications for pre-poll votes may be made to a pre-poll voting officer at that place.

             (2)  If the Electoral Commission makes a declaration under subsection (1), the Electoral Commission must:

                     (a)  unless paragraph (b) applies, cause a copy of the declaration to be published in the Gazette before the first day (the first pre-poll voting day ) specified in the declaration under paragraph (1)(b); or

                     (b)  if, because of exceptional circumstances, the declaration is made on the first pre-poll voting day, or so close to the first pre-poll voting day that the Electoral Commission is not able to cause a copy of the declaration to be published in the Gazette before that day:

                              (i)  comply with subsection (3); and

                             (ii)  cause a copy of the declaration to be published in the Gazette as soon as practicable after making the declaration.

             (3)  For the purposes of subparagraph (2)(b)(i), the Electoral Commission must, as soon as practicable after making the declaration:

                     (a)  take all reasonable steps to inform the following persons of the place, the day or days, and the hours specified in the declaration:

                              (i)  each candidate for election to the House of Representatives for the Division in which the place is located;

                             (ii)  each candidate for election to the Senate for the State or Territory in which the place is located;

                            (iii)  if a candidate referred to in subparagraph (i) or (ii) has been endorsed by a registered political party—that political party; and

                     (b)  if it considers it appropriate to do so, publish in a newspaper circulating in the Division in which the place specified in the declaration is located a notice stating:

                              (i)  that the place has been declared to be a pre-poll voting office; and

                             (ii)  the day or days on which, and the hours during which, applications for pre-poll votes may be made to a pre-poll voting officer at that place.

             (4)  A declaration made under subsection (1) is not a legislative instrument.

7  Subsection 200D(2)

Repeal the subsection, substitute:

             (2)  An application to a pre-poll voting officer must be made:

                     (a)  at a pre-poll voting office; and

                     (b)  on a day, and during the hours, specified in the declaration made under subsection 200BA(1) for making such applications at that office.

8  Subsection 200DB(3)

Omit “fixed under paragraph 200D(2)(b)”, substitute “declared under paragraph 200BA(1)(b)”.

9  Subparagraph 348(4)(c)(ii)

Omit “have been declared under subsection 200D(2),”, substitute “are a pre-poll voting office—”.

Referendum (Machinery Provisions) Act 1984

10  Subsection 3(1) (definition of pre-poll voting office )

Omit “subsection 73B(2)”, substitute “subsection 73AA(1)”.

11  After section 73

Insert:

73AA   Pre-poll voting offices

             (1)  The Electoral Commission may declare, in writing, for a referendum:

                     (a)  a specified place to be a pre-poll voting office; and

                     (b)  the day or days on which, and the hours during which, applications for pre-poll votes may be made to a pre-poll voting officer at that place.

             (2)  If the Electoral Commission makes a declaration under subsection (1), the Electoral Commission must:

                     (a)  unless paragraph (b) applies, cause a copy of the declaration to be published in the Gazette before the first day (the first pre-poll voting day ) specified in the declaration under paragraph (1)(b); or

                     (b)  if, because of exceptional circumstances, the declaration is made on the first pre-poll voting day, or so close to the first pre-poll voting day that the Electoral Commission is not able to cause a copy of the declaration to be published in the Gazette before that day:

                              (i)  comply with subsection (3); and

                             (ii)  cause a copy of the declaration to be published in the Gazette as soon as practicable after making the declaration.

             (3)  For the purposes of subparagraph (2)(b)(i), the Electoral Commission must, as soon as practicable after making the declaration:

                     (a)  take all reasonable steps to inform each registered political party that the Electoral Commission considers it appropriate to inform, of the place, the day or days, and the hours specified in the declaration; and

                     (b)  if it considers it appropriate to do so, publish in a newspaper circulating in the Division in which the place specified in the declaration is located a notice stating:

                              (i)  that the place has been declared to be a pre-poll voting office; and

                             (ii)  the day or days on which, and the hours during which, applications for pre-poll votes may be made to a pre-poll voting officer at that place.

             (4)  A declaration made under subsection (1) is not a legislative instrument.

             (5)  In this section:

registered political party has the same meaning as in the Commonwealth Electoral Act 1918 .

12  Subsection 73B(2)

Repeal the subsection, substitute:

             (2)  An application to a pre-poll voting officer must be made:

                     (a)  at a pre-poll voting office; and

                     (b)  on a day, and during the hours, specified in the declaration made under subsection 73AA(1) for making such applications at that office.

13  Paragraph 73C(a)

Omit “subsection 200D(2)”, substitute “subsection 200BA(1)”.

14  Paragraph 73C(a)

Omit “subsection 73B(2)”, substitute “subsection 73AA(1)”.

15  Subsection 73CB(3)

Omit “fixed under paragraph 73B(2)(b)”, substitute “declared under paragraph 73AA(1)(b)”.

16  Subparagraph 135(4)(c)(ii)

Omit “have been declared under subsection 73B(2),”, substitute “are a pre-poll voting office—”.



 

Part 3 Removal of provision relating to defamation of candidates and false statements

Commonwealth Electoral Act 1918

17  Section 350

Repeal the section.