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Electoral Legislation Amendment (Assurance of Senate Counting) Bill 2021

Originating house
House of Representatives
Special Minister of State


Amends the Commonwealth Electoral Act 1918 to: respond to a recommendation of the Joint Standing Committee on Electoral Matters' Report on the conduct of the 2016 federal election and matters related thereto by requiring the Electoral Commissioner to implement certain processes to assure the security and accuracy of the computer systems (including the systems for scanning ballot papers and counting votes) used to scrutinise votes for a Senate election; clarify the process for resolving candidate ties; clarify that the 'bulk exclusion' process is not required to be used in the computerised scrutiny process; allow a scrutineer to request access to an original ballot paper to resolve a question about formality or a preference vote being counted in the scrutiny of a Senate election; and require the Electoral Commissioner to publish Senate election data for each formal ballot case in the election within 7 days of the return of the writ for a Senate election.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 28/10/21  
Second reading moved 28/10/21  
Second reading debate 01/12/21  
Second reading agreed to 01/12/21  
Third reading agreed to 01/12/21  
Introduced and read a first time 02/12/21  
Second reading moved 02/12/21  
Second reading debate 02/12/21  
Second reading agreed to 02/12/21  
Third reading agreed to 02/12/21  
Finally passed both Houses 02/12/21  
Assent 13/12/21 Act no: 135 - Year: 2021

Text of bill

  • First reading

  • As passed by both Houses


Explanatory memoranda

  • Explanatory memorandum


Second reading speeches

Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

Bills Digest

  • Considered by scrutiny committee (24/11/2021): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2022
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)