Title Schedule 2—Amendments commencing 1 January 2023
Database Bills & Legislation
Long Title a Bill for an Act to amend the law relating to Senate elections in respect of scrutiny
Date 02-12-2021 12:30 PM
Source House of Reps
Parl No. 46
Bill Number 157/21
Bill Type Government
Portfolio Special Minister of State
Reps Bill Code O
Status Act
System Id legislation/bills/r6810_aspassed/0002


Schedule 2—Amendments commencing 1 January 2023

Schedule 2—Amendments commencing 1 January 2023

Part 1—Main amendments

Commonwealth Electoral Act 1918

1  After section 273AA

Insert:

273AB  Assurance of accuracy of counting software for scrutiny of votes in Senate election

             (1)  The Electoral Commissioner must arrange for an independent and appropriately qualified person or body (the assessor) to conduct an assessment of whether the software (the counting software) to be used by a computer to scrutinise the votes in a Senate election for a particular State or Territory in compliance with section 273A distributes preferences and elects candidates in accordance with the requirements of this Act.

             (2)  The assessment of the counting software must be conducted before the next Senate election for which the software is to be used.

             (3)  The assessor must give a written report of the assessment to the Electoral Commissioner. The report may include recommendations in relation to the accuracy of the counting software, including in relation to its use or any variations required to improve or ensure its accuracy.

             (4)  As soon as practicable after the Electoral Commissioner receives the report under subsection (3), the Electoral Commissioner must publish a statement on the Electoral Commission’s website stating:

                     (a)  that an assessment of the accuracy of the counting software has been completed as required by subsection (1); and

                     (b)  whether the accuracy of the counting software is assured to the appropriate standard.

             (5)  Not earlier than 7 days before the Senate election for which the counting software is to be used, the Electoral Commissioner must publish on the Electoral Commission’s website a statement verifying that the version of the counting software to be used to scrutinise the votes in the election is the version of the software that was assessed and assured under this section before the election.

             (6)  Within 7 days after the return of the writ for the Senate election for which the counting software was used, the Electoral Commissioner must publish on the Electoral Commission’s website a statement verifying that the version of the counting software that was used to scrutinise the votes in the election was the version of the software that was assessed and assured under this section before the election.

             (7)  If variations of the version of the counting software that was used to scrutinise the votes in the election were made after that version was assessed and assured under this section, the statement under subsection (6) must also include:

                     (a)  a description of the variations; and

                     (b)  the reasons for the variations.

Part 2—Other amendments

Commonwealth Electoral Act 1918

2  Subsection 28(1)

After “273AA”, insert “, 273AB”.

(157/21)