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Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007

Schedule 1 Amendments

   

Commonwealth Electoral Act 1918

1  After subsection 7A(1B)

Insert:

          (1C)  The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by law.

Note:          The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph (1)(c) of Information Privacy Principle 10 in section 14 of the Privacy Act 1988 .

          (1D)  To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken:

                     (a)  to be authorised by law; and

                     (b)  not to contravene any provision of this Act.

Note:          The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 .

          (1E)  A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for:

                     (a)  entering into, or proposing to enter into, an arrangement under subsection (1); or

                     (b)  taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates.

           (1F)  If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights.

Note:          Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986 .

          (1G)  Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901 .

2  At the end of paragraphs 395(a) and (b)

Add “and”.

3  At the end of section 395

Add:

             ; and (e)  providing for how the Commission is to supply goods or services under an arrangement under section 7A.