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Thursday, 24 June 2004
Page: 31716

Bill returned from the Senate with amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Schedule 1, item 6, page 6 (lines 16 and 17), omit the item, substitute:

6 Paragraph 93(8)(b)

Repeal the paragraph, substitute:

(b) is serving a sentence of imprisonment which:

(i) commenced on or before the return of the writs for an election for the House of Representatives or Senate; and

(ii) continues at the issuing of writs for any succeeding election for the House of Representatives or Senate; or

(2) Schedule 1, item 7, page 6 (lines 18 to 24), omit the item, substitute:

7 After subsection 93(8)

Insert:

(8AA) For the purposes of paragraph (8)(b), a person is serving a sentence of imprisonment only if:

(a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and

(b) that detention is attributable to the sentence of imprisonment concerned.

(3) Schedule 1, item 9, page 6 (line 27) to page 7 (line 3), omit the item.

(4) Schedule 1, item 10, page 7 (lines 4 to 19), omit the item.

(5) Schedule 1, item 12, page 7 (lines 22 to 31), omit the item.

(6) Schedule 1, item 13, page 7 (lines 32 to 34), omit the item.

(7) Schedule 1, item 16, page 8 (lines 7 to 16), omit the item.

(8) Schedule 1, item 17, page 8 (lines 17 to 34), omit the item.

(9) Schedule 1, item 18, page 9 (lines 1 and 2), omit the item.

(10) Schedule 1, page 9 (after line 2), after item 18, insert:

18A Before section 98

Insert:

98AA Regulations

(1) Where regulations are made to implement a requirement of this Part or Part VII in relation to identification for enrolment:

(a) the regulations must require the applicant for enrolment to provide documentary evidence of their name and address by providing their driver's licence number;

provided that:

(b) where the applicant does not possess a driver's licence, the application must be countersigned by two persons on the electoral roll who can confirm the applicant's identity and current residential address. The counter-signatories must have known the applicant for at least one month or have sighted identification showing the applicant's name and address.

(2) Regulations must not be made in accordance with subsection (1) until after 1 July 2005.

(11) Schedule 1, item 19, page 9 (line 13), after paragraph (d), insert:

; and (e) the requirement in paragraph (c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.

(12) Schedule 1, item 26, page 9 (lines 29 and 30), omit the item.

(13) Schedule 1, item 37, page 11 (lines 3 to 18), omit the item.

(14) Schedule 1, item 45, page 13 (lines 16 to 27), omit the item.

(15) Schedule 1, item 59, page 16 (after line 12), at the end of the item, add:

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

(16) Schedule 1, item 62, page 16 (lines 17 and 18), omit the item.

(17) Schedule 1, item 63, page 16 (lines 19 to 24), omit the item.

(18) Schedule 1, item 75, page 18 (lines 6 and 7), omit the item.

(19) Schedule 1, item 78, page 18 (line 24) to page 19 (line 5), omit the item.

(20) Schedule 1, items 79 to 84, page 19 (lines 6 to 17), omit the items.

(21) Schedule 1, item 85, page 19 (lines 18 and 19), omit the item.

(22) Schedule 1, items 86 and 87, page 19 (lines 20 to 23), omit the items.

(23) Schedule 1, page 20 (after line 8), after item 92, insert:

92A At the end of section 337

Add:

Note: The Criminal Code Act 1995 contains defences for offences involving mistake or ignorance.

(24) Schedule 1, item 106, page 23 (lines 10 to 20), omit the item.

(25) Schedule 1, item 109, page 24 (lines 6 to 11), omit the item.

(26) Schedule 1, item 113, page 24 (lines 26 and 27), omit the item.

(27) Schedule 1, item 116, page 25 (lines 15 to 29), omit the item.

(28) Schedule 1, item 118, page 26 (lines 1 and 2), omit the item.

(29) Page 29 (after line 2), before item 133, insert:

132A Sunset and review of provisions for evidentiary requirements for enrolment

(1) Schedule 1, items 9, 12, 16, 18A, 19 and 42 concerning the evidentiary requirements for enrolment shall cease to have effect on the third anniversary of the day on which the Schedule items are proclaimed.

(2) On the first business day after the second anniversary of the day on which the Schedule items are proclaimed, the Electoral Commission shall commence a review to assess the provisions of this Act concerning the evidentiary requirements for enrolment, particularly as they relate to the integrity of the electoral roll and the effect, if any, the provisions have had on enrolment and enrolment procedures. The Electoral Commission shall forward a copy of its report and any recommendations it makes simultaneously to the Minister and the Joint Standing Committee on Electoral Matters within six months after commencement of the review.

(30) Schedule 1, items 136 to 138, page 30 (lines 11 to 28), omit the items.