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MESSAGE FROM THE SENATE—CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997

The following message from the Senate was reported:

Message No. 294

Mr Speaker

The Senate returns to the House of Representatives the bill for An Act to provide for the election of delegates to the Constitutional Convention, and for related purposes, and acquaints the House that the Senate has considered message no. 347 of the House relating to the bill.

The Senate does not insist upon its amendments nos. 1 to 8 and 10 to 68 to which the House has insisted on disagreeing, has agreed to the following resolution:

 The Senate is of the view that having regard to the fact that the system of voluntary voting provided for in the bill is for the election of delegates to a specific Constitutional Convention for a limited and temporary purpose in special circumstances, the system should not be seen as a precedent for elections of members of parliament or for any other ballots including referendums,


and has made further amendments to the bill, as indicated by the annexed schedule.

The Senate desires the concurrence of the House in the further amendments made by the Senate.

MARGARET REID

President

The Senate

28 August 1997

Ordered—That the further amendments be considered forthwith.

SCHEDULE OF THE FURTHER AMENDMENTS MADE BY THE SENATE

(1) Page 6 (after line 4), after clause 11, insert:

11A Voluntary voting not a precedent for any Parliamentary election or referendum

  It is declared that it is not the intention of the Parliament that the method of voting for an election under this Act be a precedent for the method of voting under any other Act of the Commonwealth for any Parliamentary election or referendum.

(2) Clause 20, page 10 (after line 8), after subclause (1), insert:

 (1A) An *Assistant Returning Officer appointed in respect of a place outside Australia must perform the functions and exercise the powers conferred on him or her by this Act subject to the directions of the Electoral Commissioner and the AEO.

(3) Clause 55, page 28 (lines 32 and 33), omit paragraph (3)(a), substitute:

  (a) the number of squares that must be printed is:

   (i) in the case of a ballot-paper for an election where the number of *delegates to be elected is more than 9—equal to the number of delegates to be elected; and

   (ii) in any other case—9; and

(4) Clause 56, page 29 (lines 7 to 15), omit the clause, substitute:

56 Form of candidate[quot ]s name and other material on ballot-paper and list of candidates

  Names of grouped candidates

 (1) The names of *grouped candidates stated in the candidate nominations under subsection 26(4) must be printed in type that is uniform in size and style for all of those names.

  Names of ungrouped candidates

 (2) The names of *ungrouped candidates stated in the candidate nominations under subsection 26(4) must be printed in type that is uniform in size and style for all of those names.

  Names groups have requested


 (3) The names that *groups have requested be printed opposite their names on ballot-papers and the *list of candidates under section 29 must be printed in type that is uniform in size and style for all of those names.

  Names ungrouped candidates have requested

 (4) The names that *ungrouped candidates have requested be printed opposite their names on ballot-papers and the *list of candidates under section 30 must be printed in type that is uniform in size and style for all of those names.

(5) Clause 61, page 34 (lines 1 to 9), omit the clause, substitute:

61 Voting tickets to be displayed

  Where a *group voting ticket is registered for the purposes of an election in a State or Territory, the AEO must cause the details of the ticket to be made available for inspection at the following places:

  (a) the office of the AEO;

  (b) each office of a DRO or Assistant DRO in that State or Territory;

 (c) any place for which an *Assistant Returning Officer has been appointed.

  Note 1: *Group voting tickets are registered under section 59.

  Note 2: This section also applies to individual voting tickets (see subsection 60(4)).

(6) Clause 68, page 38 (lines 16 and 17), omit paragraph (c), substitute:

  (c) the elector must:

   (i) in the case of an elector who is not an *overseas elector—post or deliver the envelope to the *appropriate DRO; and

   (ii) in the case of an overseas elector:

  (A) post or deliver the envelope to the *appropriate DRO; or

  (B) give the envelope to an *Assistant Returning Officer who has been appointed in respect of a place outside Australia by 12 noon (in the place where the Assistant Returning Officer is) on the seventh day before the close of the poll;

(7) Page 39 (after line 21), after clause 69, insert:

69A Votes by overseas electors may be given to overseas Assistant Returning Officer

 (1) An *Assistant Returning Officer who has been appointed in respect of a place outside Australia may accept a *certificate envelope from
an *overseas elector up until 12 noon (in the place where the Assistant Returning Officer is) on the seventh day before the *close of the poll.

 (2) The Assistant Returning Officer must forward the envelope to the appropriate DRO.

(8) Clause 70, page 39 (line 23), after "vote", insert "(other than a vote from an *overseas elector)".

(9) Clause 70, page 39 (after line 24), at the end of the clause, add:

 (2) To be counted, a vote from an *overseas elector must be received either:

  (a) at an office of the AEO, a DRO, an Assistant DRO or an *Assistant Returning Officer who has not been appointed in respect of a place outside Australia before the *close of the poll; or

  (b) by an Assistant Returning Officer who has been appointed in respect of a place outside Australia by 12 noon (in the place where the Assistant Returning Officer is) on the seventh day before the close of the poll.

(10) Clause 72, page 41 (line 3), omit "or Assistant DRO", substitute ", Assistant DRO or *Assistant Returning Officer".

(11) Clause 73, page 41 (lines 16 and 17), omit "or Assistant DRO", substitute "Assistant DRO or *Assistant Returning Officer".

(12) Clause 73, page 41 (lines 30 and 31), omit "or from persons referred to in subsection (3)", substitute ", from persons referred to in subsection (3) or from *Assistant Returning Officers".

(13) Clause 73, page 42 (after line 8), at the end of paragraph (b), add:

   ; or (iii) received from an *Assistant Returning Officer who has been appointed in respect of a place outside Australia as provided for in subsection 70(2).

(14) Clause 94, page 54 (lines 8 to 11), omit subclause (2), substitute:

 (2) To be included in the preliminary scrutinies, such envelopes must be received:

  (a) as provided for in section 70; and

  (b) by the *appropriate DRO by 6 pm on the sixth day after the *close of the poll.

 (3) The preliminary scrutinies must continue until all such envelopes have been dealt with under this Division.

(15) Schedule 1, page 128 (after line 21), after the definition of officer, insert:

  overseas elector means a person who is overseas at the time he or she votes in an election.

On the motion of Mr Jull (Minister for Administrative Services), the further amendments of the Senate were agreed to, after debate.