Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Commonwealth Electoral Amendment Bill 2016

2013-2014-2015-2016

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Commonwealth Electoral Amendment Bill 2016

 

No.      , 2016

 

(Finance)

 

 

 

A Bill for an Act to amend the Commonwealth Electoral Act 1918 , and for related purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                 3

Part 1—Senate voting                                                                                                    3

Commonwealth Electoral Act 1918                                                                          3

Part 2—Registered officers and deputy registered officers                     15

Division 1—Amendments                                                                                         15

Commonwealth Electoral Act 1918                                                                        15

Division 2—Application provisions                                                                         17

Part 3—Party logos                                                                                                       19

Division 1—Amendments                                                                                         19

Commonwealth Electoral Act 1918                                                                        19

Division 2—Application provision                                                                           26

 

 



A Bill for an Act to amend the Commonwealth Electoral Act 1918 , and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Commonwealth Electoral Amendment Act 2016 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



Section 209

FORM E

 

 

 

SENATE BALLOT PAPER

(5)

                                                                                                                  ELECTION OF (6) SENATORS

You may vote in one of two ways

 

 

 

 

 

 

 

 

 

either

 
By numbering at least 6 of these boxes in the order of your choice (with number 1 as your first choice) *

(8)

A

(2)

(8)

B

(2)

(8)

C

(2)

(8)

D

(4)

 

E

(4)

 

(8)

F

(2)

 

G

(4)

 

 

H

(4)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

(2)

B

(2)

C

(2)

D

(2)

E

(2)

F

(2)

G

(2)

H

(2)

Ungrouped

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(4)

 

(1)

(4)

 

(1)

(4)

 

(1)

(4)

 

(1)

(3)

 

(1)

(3)

 

(1)

(3)

 

(1)

(4)

 

(1)

(4)

 

(1)

(4)

 

or

 
By numbering these boxes 1 to (7) in the order of your choice (with number 1 as your first choice)

 

 

 

 

 

 

 

 

 

 

(1)  Here insert name of a candidate.

(2)  Here insert name of a registered political party or composite name of registered political parties if to be printed.

(3)  Here insert the name of a registered political party if to be printed.

(4)  Here insert name of a registered political party or word ‘Independent’ if to be printed.

(5)  Here insert name of State or Territory and year of election.

(6)  Here insert number of vacancies.

(7)  Here insert number of candidates.

(8)  Here insert the logo of a registered political party if to be printed.

*     If the ballot paper has 6 or fewer squares above the line, replace the instruction with “By numbering these boxes in the order of your choice (with number 1 as your first choice)”.

 

 



42  Schedule 1 (Form F)

Repeal the form, substitute:

Section 209

FORM F

 

BALLOT PAPER

HOUSE OF REPRESENTATIVES

[ here insert name of State or Territory as appropriate ]

Electoral Division of [ here insert name of Division ].

Number the boxes from 1 to [ here insert number of candidates ] in the order of your choice

 

3

 

1

2

 

[1      Here insert name of a candidate.

 2     Here insert name of a registered political

3

 

1

2

 

1

2

 

party, composite name of registered political parties

or “Independent” if to be printed.

 3    Here insert logo of a registered party if to be printed. ]

3

 

1

2

 

 

 

Remember. . . . number every box to make your vote count.

 

Part 2 Registered officers and deputy registered officers

Division 1—Amendments

Commonwealth Electoral Act 1918

43  At the end of subsection 4C(1)

Add:

Note:          A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)).

44  Paragraph 4C(3)(a)

Omit “shall”, substitute “must”.

45  At the end of paragraph 4C(3)(a)

Add “and”.

46  Paragraph 4C(3)(b)

Omit “shall”, substitute “must”.

47  After paragraph 4C(3)(b)

Insert:

                   (ba)  must include a signed declaration by the person nominated that subsection 126(2B) is not contravened by lodging the nomination of the person as the deputy registered officer; and

48  At the end of section 4C

Add:

             (4)  A nomination of a person as a deputy registered officer under subsection (2) is invalid if subsection 126(2B) is contravened by lodging the nomination of the person as the deputy registered officer.

49  Before subsection 126(1)

Insert:

Who may make an application

50  Before subsection 126(2)

Insert:

Requirements for an application

51  Before subsection 126(2A)

Insert:

A person must not be a member of more than one registered political party

52  After subsection 126(2A)

Insert:

A person must not be a registered officer etc. of more than one registered political party

          (2B)  A person must not, at a particular time, be:

                     (a)  the registered officer of more than one registered political party; or

                     (b)  a deputy registered officer of more than one registered political party; or

                     (c)  the registered officer of one registered political party and a deputy registered officer of another registered political party.

The registration of a political party is not to be cancelled because of this subsection unless the Electoral Commission has taken action to determine whether the party should be deregistered because of paragraph 137(1)(cc).

Note:          The registered officer of a registered political party may be changed at any time under paragraph 134(1)(g).

          (2C)  Subsection (2B) does not prevent a person from being both:

                     (a)  the registered officer or a deputy registered officer of a registered political party for the purposes of this Act; and

                     (b)  the registered officer or a deputy registered officer (however described), for the purposes of an Act of a State or Territory or an Ordinance of an external Territory, of a political party or a branch of a political party.

Electoral Commission to deal with application

53  At the end of subsection 131(1)

Add:

Note:          For example, if an application to register a political party would be refused because subsection 126(2B) would be contravened, the party could change the person who is to be the registered officer of the party so subsection 126(2B) is not contravened.

54  At the end of subsection 134(1)

Add:

Note:          A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)).

55  Paragraph 134(4)(c)

Omit “a reference in subparagraph 132(2)(b)(ii) to section 126”, substitute “the reference in subparagraph 132(2)(b)(ii) to section 126 (but not the reference to subsection 126(2B))”.

56  After paragraph 137(1)(cb)

Insert:

               or (cc)  a person who is the registered officer or a deputy registered officer of a registered political party is failing to comply with subsection 126(2B) (person must not be registered officer etc. of more than one registered political party);

Division 2—Application provisions

57  Application of amendments relating to registered officers and deputy registered officers

(1)       The amendments of section 4C of the Commonwealth Electoral Act 1918 made by this Part apply in relation to any nominations made after this item commences.

(2)       The amendments of section 126 of the Commonwealth Electoral Act 1918 made by this Part apply after this item commences in relation to any registered political party (whether registered before or after this item commences).

Note:       A registered political party that, at commencement, has a registered officer or deputy registered officer who is failing to comply with subsection 126(2B) has 90 days to change that officer (see subitem (4)).

(3)       The amendments of section 134 of the Commonwealth Electoral Act 1918 made by this Part apply in relation to any application made under that section after this item commences.

(4)       The amendment of section 137 of the Commonwealth Electoral Act 1918 made by this Part applies:

                     (a)  in relation to any political party registered after this item commences—after this item commences; and

                     (b)  in relation to any political party registered before this item commences—on and after the 90th day after this item commences.

(5)       To avoid doubt, subitem (4) does not allow the Electoral Commission to deregister a political party in contravention of section 127 of the Commonwealth Electoral Act 1918 .

Part 3 Party logos

Division 1—Amendments

Commonwealth Electoral Act 1918

58  At the end of paragraphs 126(2)(a) and (b)

Add “and”.

59  After paragraph 126(2)(b)

Insert:

                   (ba)  if the party wishes a logo of the party to be entered in the Register—set out a copy of a logo; and

60  At the end of paragraphs 126(2)(c) to (d)

Add “and”.

61  After subsection 126(2)

Insert:

Requirements for logos

       (2AA)  For the purposes of paragraph (2)(ba), a logo set out in an application must:

                     (a)  be in black and white; and

                     (b)  meet any other requirements determined under subsection (2AB).

       (2AB)  For the purposes of paragraph (2AA)(b), the Electoral Commissioner may, by legislative instrument, determine requirements in relation to setting out a logo in an application.

62  At the end of subsection 126(3)

Add:

Note:          The Electoral Commission may also decide under section 129A to refuse to enter a logo of the political party in the Register.

63  After section 129

Insert:

129A   Certain party logos not to be entered in the Register

                   The Electoral Commission may refuse to enter in the Register a logo of a political party (the applicant ), set out in an application to register the applicant, if, in its opinion, the applicant’s logo:

                     (a)  is obscene; or

                     (b)  is the logo of any other person; or

                     (c)  so nearly resembles the logo of any other person that it is likely to be confused with or mistaken for that logo; or

                     (d)  is one that a reasonable person would think suggests that a connection or relationship exists between the applicant and a registered political party if that connection or relationship does not in fact exist; or

                     (e)  comprises the words “Independent Party” or comprises or contains the word “Independent” and:

                              (i)  the name, or an abbreviation or acronym of the name, of a recognised political party (within the meaning of subsection 129(2)); or

                             (ii)  matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party (within the meaning of subsection 129(2)) that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be.

64  Subsection 131(1)

After “refuse the application”, insert “, or refuse to enter a logo of the party in the Register,”.

65  Paragraph 132(2)(b)

Repeal the paragraph, substitute:

                     (b)  invite any persons who believe that:

                              (i)  the application does not relate to an eligible political party; or

                             (ii)  the application is not in accordance with section 126 (including because subsection 126(2B) would be contravened); or

                            (iii)  the application should be refused under section 129; or

                            (iv)  the Electoral Commission should refuse to enter a logo of the party in the Register under section 129A;

                            to submit written particulars of the grounds for that belief to the Electoral Commission within 1 month after the date of the publication of the notice on the Electoral Commission’s website.

66  Paragraph 132A(1)(a)

After “party concerned”, insert “or decides to refuse to enter a logo of the party in the Register”.

67  At the end of subparagraphs 133(1)(a)(i) and (ii)

Add “and”.

68  After subparagraph 133(1)(a)(ii)

Insert:

                           (iia)  if a logo of the party was set out in the application, and the Electoral Commission has not decided to refuse to enter the logo in the Register under section 129A—that logo; and

69  At the end of subparagraph 133(1)(a)(iv)

Add “and”.

70  At the end of paragraph 133(1)(b)

Add “and”.

71  Paragraph 133(1)(c)

After “registered the party,”, insert “or entered the logo in the Register,”.

72  Subsection 133(3)

Repeal the subsection, substitute:

             (3)  If the Electoral Commission refuses an application made by a person to register a political party, or refuses to enter in the Register a logo set out in such an application, the Electoral Commission must give written notice to the person giving reasons for the decision.

73  At the end of paragraphs 134(1)(c) to (e)

Add “or”.

74  After paragraph 134(1)(e)

Insert:

                    (ea)  if the party’s logo is entered in the Register—changing that logo to a logo set out in the application; or

                   (eb)  if the party’s logo is not entered in the Register—entering in the Register the logo set out in the application; or

75  Subsection 134(4)

Omit “or (e), sections 127, 129,”, substitute “, (e), (ea) or (eb), sections 127, 129, 129A,”.

76  Paragraph 134(6)(c)

Omit “or (e)”, substitute “, (e), (ea), (eb) or (g)”.

77  Paragraph 134(8)(a)

Omit “or (e)”, substitute “, (e), (ea) or (eb)”.

78  Section 134A (heading)

Repeal the heading, substitute:

134A   Objection to continued use of name or logo

79  Paragraph 134A(1)(a)

Repeal the paragraph, substitute:

                     (a)  the Electoral Commission is satisfied that:

                              (i)  the name or logo of the parent party is the same as, or relevantly similar to, the name or logo of the second party and the parties are not related at the time of the objection; or

                             (ii)  the name or logo of the second party is one that a reasonable person would think suggests that a connection or relationship exists between the second party and the parent party and that connection or relationship does not in fact exist; and

                    (aa)  the second party was registered after the commencement of this section; and

80  Paragraph 134A(1)(b)

After “name”, insert “or logo”.

81  Subparagraph 134A(1)(e)(i)

After “name”, insert “or logo”.

82  Subsection 134A(2)

After “name” (wherever occurring), insert “or logo”.

83  Subsection 134A(3)

Insert:

logo of a registered political party means the logo of the party that is entered in the Register.

84  Paragraph 137(1)(ca)

Omit “use of a name (within”, substitute “use of a name or logo (both within”.

85  Paragraph 137(1)(ca)

After “party’s name”, insert “or logo”.

86  Subsection 141(1) (after paragraph (b) of the definition of reviewable decision )

Insert:

                   (ba)  to enter a logo of a political party in the Register; or

                   (bb)  to refuse to enter a logo of a political party in the Register; or

87  Subsection 169B(2)

Omit “section 214”, substitute “sections 214 and 214A”.

88  At the end of subsection 209(3)

Add:

Note:          One effect of this subsection is that party logos are printed only in black on ballot papers.

89  After section 214

Insert:

214A   Printing of party logos on ballot papers

             (1)  This section applies if:

                     (a)  a logo is, at the time of the declaration of the nominations, entered in the Register in relation to a registered political party; and

                     (b)  the party has requested that the logo be used.

             (2)  A ballot paper for a Senate election must have the logo printed adjacent to the square that is printed, in accordance with paragraph 214(2)(d), adjacent to the name of the party.

             (3)  For the purposes of subsection (2), if candidates who have made a request under section 168 are endorsed by more than one political party:

                     (a)  no more than 2 logos may be printed adjacent to the square that is printed, in accordance with paragraph 214(2)(d), adjacent to the names of the parties; and

                     (b)  if more than 2 of those parties have logos entered in the Register—the parties must notify the Electoral Commission, in writing, which of the logos are to be printed adjacent to that square.

             (4)  A ballot paper for a House of Representatives election must have the logo printed in accordance with Form F in Schedule 1.

             (5)  All logos of registered political parties must be printed on the ballot paper in a uniform size and format.

90  Section 366

Repeal the section, substitute:

366   Errors relating to printing of party affiliations

                   The Court of Disputed Returns is not to declare that a person returned as elected was not duly elected, or declare an election void, by reason only that:

                     (a)  there was or was not printed on one or more ballot papers used in the election:

                              (i)  the name; or

                             (ii)  an abbreviation of the name; or

                            (iii)  a logo of a political party;

                            adjacent to the name of a candidate or group of candidates; or

                     (b)  the name or an abbreviation of the name of a political party printed on one or more ballot papers used in the election was misspelt; or

                     (c)  the name, an abbreviation of the name or a logo of a political party printed on one or more ballot papers used in the election was inaccurate or incorrect; or

                     (d)  an officer failed to comply with section 210A, 214 or 214A in relation to the election.

91  After section 386

Insert:

386A   Immunity from suit

                   No action, suit or proceeding (except proceedings under this Act) lies against the Commonwealth, or a person who has been an officer or employee of the Commonwealth, in relation to anything done in good faith by the Electoral Commission, or an officer or an employee of the Electoral Commission, under this Act in relation to a logo of a party.

92  Schedule 1 (Form CA)

After:

I, [ name ], the registered officer [ or deputy registered officer] of the [ name of registered political party ] hereby nominate the person named below as a Senator for the above [State/Territory] to serve in the Senate of the Parliament of the Commonwealth.

insert:

I wish/do not wish the logo of the [ name of registered political party ] entered in the Register to appear on the ballot paper.

93  Schedule 1 (Form CC)

After:

I, [ name ], the registered officer [ or deputy registered officer] of the [ name of registered political party ] hereby nominate the persons named below as Senators for the above [State/Territory] to serve in the Senate of the Parliament of the Commonwealth.

insert:

I wish/do not wish the logo of the [ name of registered political party ] entered in the Register to appear on the ballot paper.

94  Schedule 1 (Form DA)

After:

I, [ name ], the registered officer [ or deputy registered officer] of the [ name of registered political party ] hereby nominate the person named below as a Member of the House of Representatives for the above Division.

insert:

I wish/do not wish the logo of the [ name of registered political party ] entered in the Register to appear on the ballot paper.

Division 2—Application provision

95  Application of amendments

The amendments made by this Part apply after this item commences in relation to any registered political party (whether registered before or after this item commences).