Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Electoral and Referendum Amendment Bill (No. 2) 2001
Schedule 1 General amendments

   

Commonwealth Electoral Act 1918

1  Paragraph 93(8)(b)

Omit “5 years or longer”, substitute “imprisonment”.

2  After subsection 93(8A)

Insert:

             (9)  Paragraph (8)(b) does not apply to a person unless:

                     (a)  the person is under detention on a full-time basis; and

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

3  Subsection 94A(4)

Repeal the subsection, substitute:

             (4)  If the application is received by an Australian Electoral Officer:

                     (a)  after 6 pm on the date of issue of a writ for an election to be held in the Division to which the application relates; and

                     (b)  during the postponement period;

no name may be placed on any Roll, or deleted from any Roll, as a result of the application, until after the end of the postponement period. For this purpose, the postponement period is:

                     (c)  if the Australian Electoral Officer is satisfied that the applicant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls close and ending on the close of polling at the election; and

                     (d)  in any other case—the period commencing at 6 pm on the date of issue of the writ and ending on the close of polling at the election.

4  Subsection 95(4)

Omit “8 p.m. on the day of the close of the Rolls”, substitute “6 pm on the date of issue of the writ”.

5  Subsection 96(4)

Repeal the subsection, substitute:

             (4)  If an application under this section is received by an Australian Electoral Officer:

                     (a)  after 6 pm on the date of issue of a writ for an election to be held in the Division to which the application relates; and

                     (b)  during the postponement period;

the name of the applicant must not be added to the Roll, and the annotation of the Roll under subsection (2B) in relation to the applicant must not be made, until after the end of the postponement period. For this purpose, the postponement period is:

                     (c)  if the Australian Electoral Officer is satisfied that the applicant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls close and ending on the close of polling at the election; and

                     (d)  in any other case—the period commencing at 6 pm on the date of issue of the writ and ending on the close of polling at the election.

6  Section 96A

Repeal the section.

7  Subsection 99(3)

Omit “, 96 and 96A”, substitute “and 96”.

8  Subsection 102(4)

Repeal the subsection, substitute:

             (4)  If a claim by a person under section 101 is received:

                     (a)  after 6 pm on the date of issue of a writ for an election to be held in the Division to which the claim relates; and

                     (b)  during the postponement period;

the claim must not be considered until after the end of the postponement period. For this purpose, the postponement period is:

                     (c)  if the DRO is satisfied that the claimant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls close and ending on the close of polling at the election; and

                     (d)  in any other case—the period commencing at 6 pm on the date of issue of the writ and ending on the close of polling at the election.

9  Subsections 105(4) and (5)

Repeal the subsections.

10  Section 109

Omit “5 years or longer”, substitute “imprisonment (within the meaning of subsection 93(8))”.

11  Section 155

Omit “7 days”, substitute “3 working days”.

12  At the end of section 155

Add:

             (2)  In this section:

working day means any day except:

                     (a)  Saturday or Sunday; or

                     (b)  a day that is a public holiday in any State or Territory.

13  Subsection 173(1)

Omit “or (3)”.

14  Subsection 173(2)

Omit “If the candidate was nominated under subsection 167(3) and the deposit was paid by a person other than the candidate, the”, substitute “The”.

15  Subsections 173(2A) and (3)

Repeal the subsections.

16  Subsection 176(1)

After “the declaration place”, insert “for the relevant State or Territory”.

17  Subsection 176(2)

After “nomination for the Division,” insert “or at the declaration place for the Division,”.

18  Subsection 176(4) (definition of declaration place )

Repeal the definition, substitute:

declaration place means:

                     (a)  for a Senate election for a State or Territory—a place determined in relation to that State or Territory by the Australian Electoral Officer for that State or Territory; and

                     (b)  for a House of Representatives election for a Division—a place determined in relation to that Division by the Australian Electoral Officer for the relevant State or Territory.

19  Subsection 177(1)

Omit “or (3)”.

20  Subsection 177(2)

Omit “If the candidate was nominated under subsection 167(3) and the deposit was paid by a person other than the candidate, the”, substitute “The”.

21  Subsection 177(3)

Repeal the subsection.

22  Subsection 178(2)

Omit “the candidate was nominated under subsection 167(3) and”.

23  At the end of paragraph 184A(2)(d)

Add “but not serving a sentence of imprisonment (within the meaning of subsection 93(8))”.

24  Section 226A

Repeal the section.

25  Subsection 228(2)

Omit “, 226A(7)”.

26  Subsection 234(1)

After “person”, insert “(other than a scrutineer)”.

27  Subsection 305B(1)

Omit “$1,500”, substitute “$3,000”.

28  Subsection 305B(3A)

Omit “$1,500”, substitute “$3,000”.

29  Subsection 305B(3A)

Omit “$1,000”, substitute “$3,000”.

30  Application—subsections 305B(1) and (3A) of the Commonwealth Electoral Act 1918

The amendments of subsections 305B(1) and (3A) of the Commonwealth Electoral Act 1918 made by this Schedule apply to:

                     (a)  the financial year in which this item commences; and

                     (b)  all later financial years.

31  Subsection 306(1)

Omit “$1,000”, substitute “$3,000”.

32  Subsection 306A(1)

Omit “$1,500”, substitute “$3,000”.

33  Subsection 306A(2)

Omit “$1,500”, substitute “$3,000”.

34  Subsection 314AC(1)

Omit “$1,500”, substitute “$3,000”.

35  Application—subsection 314AC(1) of the Commonwealth Electoral Act 1918

The amendment of subsection 314AC(1) of the Commonwealth Electoral Act 1918 made by this Schedule applies to:

                     (a)  the financial year in which this item commences; and

                     (b)  all later financial years.

36  Subsection 314AE(1)

Omit “$1,500”, substitute “$3,000”.

37  Application—subsection 314AE(1) of the Commonwealth Electoral Act 1918

The amendment of subsection 314AE(1) of the Commonwealth Electoral Act 1918 made by this Schedule applies to:

                     (a)  the financial year in which this item commences; and

                     (b)  all later financial years.

38  Subsection 331(1)

Omit “article or a paragraph”, substitute “advertisement”.

39  Subsection 331(1)

Omit “not the article”, substitute “not the advertisement”.

40  Subsection 331(1)

Omit “payment”, substitute “consideration”.

41  Subsections 331(1) and (2)

Omit “article or paragraph” (wherever occurring), substitute “advertisement”.

42  After subsection 339(1B)

Insert:

          (1C)  A person is guilty of an offence if the person intentionally votes more than once in the same election.

Penalty:  60 penalty units or imprisonment for 12 months, or both.

43  Clause 9 of Schedule 2

Omit “serving a sentence of imprisonment or otherwise under detention”, substitute “under detention, but not serving a sentence of imprisonment (within the meaning of subsection 93(8))”.

Referendum (Machinery Provisions) Act 1984

44  Subsection 3(1) (definition of electoral visitor )

Omit “or 49A”.

45  Paragraph 4(2)(a)

Repeal the paragraph, substitute:

                     (a)  if a claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 is received during the postponement period—the claim must not be considered until after the end of the postponement period; and

46  At the end of section 4

Add:

             (3)  In this section:

postponement period means:

                     (a)  if the DRO or Australian Electoral Officer, as the case requires, is satisfied that the claimant has previously been an elector—the period commencing at 8 pm on the day on which the Rolls for the referendum close and ending on the close of voting at the referendum; and

                     (b)  in any other case—the period commencing at 6 pm on the date of issue of the writ for the referendum and ending on the close of voting at the referendum.

47  Subsection 9(1)

Omit “7 days”, substitute “3 working days”.

48  At the end of section 9

Add:

             (3)  In this section:

working day means any day except:

                     (a)  Saturday or Sunday; or

                     (b)  a day that is a public holiday in any State or Territory.

49  Subsection 36(1)

After “person”, insert “(other than a scrutineer)”.

50  Subsection 46A(2)

Omit “, 49A(7)”.

51  Section 49A

Repeal the section.

52  Subsection 62(4)

Repeal the subsection, substitute:

             (4)  A DRO, before making applications for postal votes available for public inspection, must remove from any application by a person whose address has been removed from the Roll under section 104 of the Commonwealth Electoral Act 1918 , all information other than the person’s name.

53  Subsection 124(1)

Omit “article or a paragraph”, substitute “advertisement”.

54  Subsection 124(1)

Omit “not the article”, substitute “not the advertisement”.

55  Subsection 124(1)

Omit “payment”, substitute “consideration”.

56  Subsection 124(1)

Omit “article or paragraph” (wherever occurring), substitute “advertisement”.

57  Subsection 124(2)

Omit “article or item” (wherever occurring), substitute “advertisement”.

58  Subsection 130(1A)

Omit “election”, substitute “referendum”.

59  After subsection 130(1B)

Insert:

          (1C)  A person is guilty of an offence if the person intentionally votes more than once in the same referendum.

Penalty:  60 penalty units or imprisonment for 12 months, or both.

60  Clause 9 of Schedule 3

Omit “serving a sentence of imprisonment or otherwise under detention”, substitute “under detention, but not serving a sentence of imprisonment (within the meaning of subsection 93(8) of the Commonwealth Electoral Act 1918 )”.