Electoral and Referendum Amendment Act 1989 (Cth)
PART I—PRELIMINARY | ||
Section | ||
1. | Short title | |
2. | Commencement | |
PART II—AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918 | ||
3. | Principal Act | |
4. | Interpretation | |
5. | Interpretation | |
6. | Insertion of new section: | |
5a. | Application of Part in relation to Northern Territory | |
7. | Establishment of Commission | |
8. | Insertion of new section: | |
14a. | Remuneration of acting Commissioners | |
9. | Repeal of section 16 and substitution of new section: | |
16. | Delegation by Commission | |
10. | Repeal of section 28 and substitution of new section: | |
28. | Delegation by Electoral Commissioner | |
11 | Australian Electoral Officer for the Australian Capital Territory | |
12. | Divisional Returning Officers | |
13. | Insertion of new Division: | |
38a. | Interpretation | |
14. | Representation of the Territories in the Senate | |
15. | Casual vacancies in places of senators for Territories | |
16. | Heading to Division 3 | |
17. | Ascertainment of numbers of people of Commonwealth, States and Territories | |
TABLE OF PROVISIONS
Section | ||||
18. | Determination of number of members of House of Representatives to be chosen in States and Territories | |||
19. | Notification of determination | |||
20. | Number of members of House of Representatives to be chosen in States and Territories | |||
21. | Heading to Division 4, Part III | |||
22. | Repeal of sections 51 and 52 and substitution of new section: | |||
51. | Choice of member for Territory | |||
23. | Insertion of new section: | |||
55a. | Application to Northern Territory | |||
24. | Insertion of new section: | |||
56a. | Certain Territories to be included in same Division | |||
25. | Mini-redistribution | |||
26. | Insertion of new section: | |||
76a. | Application of section 76 to Northern Territory | |||
27. | Decisions under Part final etc. | |||
28. | Improper influence | |||
29. | Subdivisions | |||
30. | New Rolls on creation of new Divisions etc. | |||
31. | Inspection etc. of Rolls | |||
32. | Repeal of section 91 and substitution of new section: | |||
91. | Provision of Rolls and habitation indexes to political parties etc. | |||
91a. | Use of information from habitation index | |||
91b. | Prohibition of disclosure or commercial use of habitation index | |||
33. | Enrolled voters leaving Australia | |||
34. | Itinerant electors | |||
35. | Insertion of new section: | |||
96a. | Enrolment of prisoners | |||
36. | Application of Part | |||
37. | Claims for enrolment or transfer of enrolment | |||
38. | Action on receipt of claim | |||
39. | Alteration of Rolls | |||
40. | Application of Part | |||
41. | Repeal of Part IX and substitution of new Part: | |||
PART IX—OBJECTIONS | ||||
113. | Interpretation | |||
114. | Objection to enrolment | |||
115. | Form and manner of objection | |||
116. | Notice of objection | |||
117. | Answer to objection | |||
118. | Determination of objection | |||
42. | Review by Australian Electoral Officer | |||
43. | Application of Part | |||
44. | Interpretation | |||
45. | Application for registration | |||
46. | Procedure for dealing with application | |||
47. | Changes to Register | |||
48. | Deregistration of party failing to endorse candidates or ceasing to be Parliamentary party | |||
49. | Forms of writs | |||
50. | Writs for election of members of House of Representatives | |||
51. | Repeal of section 163 and substitution of new section: | |||
163. | Qualifications for nomination | |||
52. | Repeal of Part XV and substitution of new Parts: | |||
PART XV—POSTAL VOTING | ||||
182. | Interpretation | |||
183. | Grounds of application for postal vote | |||
184. | Application for postal vote | |||
184a. | Application for registration as general postal voter | |||
TABLE OF PROVISIONS
Section | |||||||
184b. | Register of General Postal Voters | ||||||
185. | Registration as general postal voter | ||||||
185a. | Limitation on effect of registration | ||||||
185b. | Review of Registers | ||||||
185c. | Cancellation of registration | ||||||
186. | Dispatch of electoral materials to registered general postal voters | ||||||
187. | Duty of witness | ||||||
188. | Issue of certificate and ballot-papers | ||||||
189. | Inspection of applications | ||||||
190. | Numbering of applications and certificates | ||||||
191. | Certified lists of voters to be noted | ||||||
192. | Form of postal vote certificate | ||||||
193. | Authorised witnesses | ||||||
194. | Postal voting | ||||||
195. | Duty of authorised witnesses etc. | ||||||
195a. | Procedure for dealing with postal vote certificates etc. | ||||||
196. | Opening of postal ballot-paper | ||||||
197. | Failure to post or deliver postal vote application etc. | ||||||
198. | Inducing elector to hand over marked ballot-paper | ||||||
199. | Correction of formal errors | ||||||
200. | Mistakes | ||||||
PART XVa—PRE-POLL VOTING | |||||||
200a. | Grounds of application for pre-poll vote | ||||||
200b. | Pre-poll voting officers | ||||||
200c. | Application for pre-poll vote | ||||||
200d | Place and time of application | ||||||
200e. | Pre-poll voting | ||||||
200f. | Form of pre-poll vote certificate | ||||||
200g. | Record of issue of pre-poll voting papers | ||||||
200h. | Certified lists of voters to be noted | ||||||
200J. | Opening of pre-poll voting envelope | ||||||
200k. | Obligations of persons present when pre-poll vote cast | ||||||
201. | Correction of formal errors | ||||||
202. | Mistakes | ||||||
53. | Insertion of new section: | ||||||
202a. | Undertaking by officers and scrutineers | ||||||
54. | Certified lists of voters | ||||||
55. | Ballot-papers | ||||||
56. | Insertion of new section: | ||||||
209a. | Official mark | ||||||
57. | Printing of Senate ballot-papers | ||||||
58. | Determination of order of names | ||||||
59. | Provisions relating to scrutineers | ||||||
60. | Repeal of section 219 and substitution of new section: | ||||||
219. | Participation by candidates in conduct of election | ||||||
61. | Repeal of section 224 and substitution of new section: | ||||||
224. | Mobile booths— hospitals that are polling places | ||||||
62. | Mobile booths—other hospitals | ||||||
63. | Provisions related to sections 224 and 225 | ||||||
64. | Insertion of new section: | ||||||
226a. | Mobile booths—prisons | ||||||
65. | Mobile booths—Remote Divisions | ||||||
66. | Forwarding of declaration votes | ||||||
67. | Voters to be recorded | ||||||
68. | Assistance to certain voters | ||||||
69. | Repeal of sections 235, 236 and 237 and substitution of new section: | ||||||
235. | Provisional votes | ||||||
70. | Spoilt ballot-papers | ||||||
71. | Marking of votes in Senate election | ||||||
TABLE OF PROVISIONS
Section | |||
72. | Repeal of section 240 and substitution of new section: | ||
240. | Marking of votes in House of Representatives election | ||
73. | Compulsory voting | ||
74. | Interpretation | ||
75. | Repeal of section 255 and substitution of new section: | ||
255. | Questions to be put to voter at Antarctic station | ||
76. | Proceedings by Antarctic Returning Officer on close of poll | ||
77. | Scrutineers at scrutiny | ||
78. | Repeal of section 266 and substitution of new section: | ||
266. | Preliminary scrutiny of declaration votes | ||
79. | Informal ballot-papers | ||
80. | Scrutiny of votes in Senate elections | ||
81. | Scrutiny of votes in House of Representatives elections | ||
82. | Scrutiny prior to receipt of declaration ballot-papers | ||
83. | Insertion of new sections: | ||
279a | Notice of re-count | ||
279b | Conduct of re-count | ||
84. | Re-count of Senate votes to determine order of election in other circumstances | ||
85. | Declaration of poll and return of writs for House of Representatives | ||
86. | Interpretation | ||
87. | Insertion of new section: | ||
88. | 287a | Campaign committee to be treated as part of State branch of party Repeal of section 288 and substitution of new section: | |
288. | Agents of political parties | ||
89. | Appointment of agents by candidates and groups | ||
90. | Requisites for appointment | ||
91. | Repeal of sections 291 and 292 and substitution of new sections: | ||
291. | Register of Party Agents | ||
292. | Effect of registration etc. | ||
292a | Evidence of appointment | ||
292b | Responsibility for action when agent of party or branch dead or appointment vacant | ||
292c | Revocation of appointment of agent of candidate or group | ||
292d | Notice of death or resignation of agent of candidate or group | ||
92. | Claims for payment | ||
93. | Payment not to be made in certain circumstances | ||
94. | Insertion of new section: | ||
299a | Revocation of determination regarding payment | ||
95. | Disclosure of gifts | ||
96. | Expenditure incurred for political purposes | ||
97. | Certain gifts not to be received | ||
98. | Nil returns | ||
99. | Returns of electoral expenditure | ||
100. | Returns by broadcasters. | ||
101. | Returns by publishers | ||
102. | Nil returns | ||
103. | Insertion of new section: | ||
314a | Interpretation | ||
104. | Offences | ||
105. | Insertion of new section: | ||
315a | Recovery of payments | ||
106. | Inability to complete returns | ||
107. | Inspection and supply of copies of claims and returns | ||
108. | Indexation | ||
109. | Insertion of new section: | ||
325a | Influencing votes of hospital patients etc. | ||
110. | Repeal of sections 348 and 349 and substitution of new section: | ||
348 | Control of behaviour at polling booths etc. | ||
111. | Requisites of petition | ||
112. | Petition by Electoral Commission | ||
113. | No proceedings unless requirements complied with | ||
TABLE OF PROVISIONS
Section | ||
114. | Insertion of new section: | |
364a | Provision for Court to have regard to certain rejected ballot-papers | |
115. | Insertion of new section: | |
367a | Disposal of petition where election cannot be decided | |
116. | Insertion of new section: | |
375a | Right of Electoral Commission to have access to documents | |
117. | Record of claims for enrolment etc. | |
118. | Forms | |
119. | Repeal of section 393 and substitution of new sections: | |
393. | Collection of statistical information | |
393a. | Preservation of documents | |
120. | Form E | |
121. | Addition of Schedules | |
122. | Amendments to eliminate gender-specific language | |
123. | Minor amendments | |
PART III—AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984 | ||
124. | Principal Act | |
125. | Interpretation | |
126. | Form of writ | |
127. | Insertion of new section: | |
16a. | Undertaking by officers and scrutineers | |
128. | Repeal of section 18 and substitution of new section: | |
18. | Substitute for presiding officer | |
129. | Certified list of voters | |
130. | Forms of ballot-paper | |
131. | Insertion of new section: | |
25a. | Official mark | |
132. | Provisions relating to scrutineers | |
133. | Assistance to certain voters | |
134. | Repeal of sections 37, 38 and 39 and substitution of new section: | |
37. | Provisional votes | |
135. | Spoilt ballot-papers | |
136. | Compulsory voting | |
137. | Forwarding of declaration votes | |
138. | Repeal of section 48 and substitution of new section: | |
48. | Mobile booths—hospitals that are polling places | |
139. | Mobile booths—other hospitals | |
140. | Insertion of new section: | |
49a. | Mobile booths—prisons | |
141. | Provisions related to sections 48 and 49 | |
142 | Mobile booths—Remote Divisions | |
143. | Repeal of Part IV and substitution of new Parts: | |
PART IV—POSTAL VOTING
53. | Interpretation |
54. | Grounds of application for postal vote |
55. | Application for postal vote |
57. | Limitation on effect of registration as general postal voter |
58. | Dispatch of voting materials to registered general postal voters |
59. | Election and referendum on the same day |
60. | Duty of witness |
61. | Issue of certificate and ballot-papers |
62. | Inspection of applications |
63. | Numbering of applications and certificates |
64. | Certified list of voters to be noted |
65. | Postal voting |
66. | Duty of authorised witnesses etc. |
67. | Procedure for dealing with postal vote certificates etc. |
TABLE OF PROVISIONS—continued
Section | |||
68. | Opening of postal ballot-paper | ||
69. | Failure to post or deliver postal vote application etc. | ||
70. | Inducing elector to hand over marked ballot-paper | ||
71. | Correction of formal errors | ||
PART IVa—PRE-POLL VOTING | |||
72. | Grounds of application for pre-poll vote | ||
73. | Pre-poll voting officers | ||
73a. | Application for pre-poll vote | ||
73b. | Place and time of application | ||
73c. | Election and referendum on the same day | ||
73d. | Pre-poll voting | ||
73e. | Form of pre-poll vote certificate | ||
73f. | Record of issue of pre-poll voting papers | ||
73g. | Certified lists of voters to be noted | ||
73h. | Opening of pre-poll voting envelope | ||
73j. | Obligations of persons present when pre-poll vote cast | ||
73k. | Correction of formal errors | ||
144. | Repeal of section 80 and substitution of new section: | ||
80. | Questions to be put to voter at Antarctic station | ||
145. | Proceedings by Antarctic Returning Officer upon close of poll | ||
146. | Insertion of new section: | ||
89a | Preliminary scrutiny of declaration votes | ||
147. | Conduct of scrutiny | ||
148. | Informal ballot-papers | ||
149. | Insertion of new sections: | ||
95a | Notice of re-count | ||
95b | Conduct of re-count | ||
150. | Requisites of petition | ||
151. | Insertion of new section: | ||
107a | Provision for Court to have regard to certain rejected ballot-papers | ||
152. | Insertion of new section: | ||
109a | Right of Electoral Commission to have access to documents | ||
153. | Returns by broadcasters | ||
154. | Returns by publishers | ||
155. | Repeal of section 115 and substitution of new section: | ||
115. | Inspection and supply of copies of returns | ||
156. | Insertion of new section: | ||
118a | Influencing votes of hospital patients etc. | ||
157. | Repeal of section 135 and substitution of new section: | ||
135. | Control of behaviour at polling booths etc. | ||
158. | Repeal of section 142 and substitution of new sections: | ||
142. | Collection of statistical information | ||
159a | Preservation of documents | ||
159. | Addition of schedules | ||
160. | Amendments to remove gender-specific language | ||
161. | Minor amendments | ||
SCHEDULE 1
NEW SCHEDULES 2 AND 3 TO THE COMMONWEALTH ELECTORAL ACT 1918
SCHEDULE 2
AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918 TO REMOVE GENDER-SPECIFIC LANGUAGE
SCHEDULE 3
MINOR AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918
TABLE OF PROVISIONS
SCHEDULE 4
NEW SCHEDULES 3 AND 4 TO THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984
SCHEDULE 5
AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984 TO REMOVE GENDER-SPECIFIC LANGUAGE
SCHEDULE 6
MINOR AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting in the definition of “Controller-General of Prisons” in subsection (1) “or Territory” after “State” (wherever occurring);
(b) by omitting from subsection (1) the definitions of “declaration vote” and “officer” and substituting respectively the following definitions:
“ ‘declaration vote’ means:
(a) a postal vote;
(b) a pre-poll vote;
(c) an absent vote; or
(d) a provisional vote;
‘officer’ includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, an Antarctic Returning Officer, an Assistant Antarctic Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre-poll voting officer, an electoral visitor, a mobile polling team leader and a mobile polling team member;”;
(
“ ‘courier service’ means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner;
‘DRO’ means Divisional Returning Officer;
‘House of Representatives election’ means an election of a member of the House of Representatives;
‘nursing home’ means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care;
‘police officer’ means a member of the Australian Federal Police or of the police force of a State or Territory;
‘polling official’ means a deputy presiding officer or an assistant presiding officer;
‘pre-poll voting officer’ means:
(a) an Assistant Divisional Returning Officer; or
(b) an officer appointed under section 200b;
‘provisional vote’ means a vote cast under section 235;
‘Senate election’ means an election of Senators for a State or Territory;
‘substitute presiding officer’ means a person holding an appointment under section 204;”;
“ (5a) If Part IV commences to apply to the Northern Territory in accordance with section 55a, subsection (5) shall, on and from the day of the first determination in relation to the Northern Territory under section 73 or 76 after that commencement, have effect as if:
(a) paragraph (a) were omitted; and
(b) the words ‘of that Territory’ were omitted from paragraph (b).”;
(
“(10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the
Gazette , to be the principal office of the Commission in that place.”.
“ ‘Chairperson’ means the Chairperson of the Commission;”.
“5a. This Part has effect as if a reference to a State included a reference to the Northern Territory.”.
“(5) A person shall not be appointed as the non-judicial appointee unless the person is the holder of:
(a) an office referred to in paragraph (a) of the definition of ‘office of Secretary’ in subsection 7 (1) of the
Public Service Act 1922 ; or(b) an office established by or under an Act and having, in the opinion of the Governor-General, a status equivalent to that of an office referred to in paragraph (a).”.
(a) this section had been in operation when the person was appointed as Chairman; and
(b) the person had then been appointed as Chairperson.
“14a. (1) A person acting as Chairperson or as the non-judicial appointee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed.
“(2) The person shall be paid such allowances as are prescribed.
“(3) This section has effect subject to the
“16. (1) The Commission may by resolution delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under this Act, other than its powers under Part IV
“(2) A certificate signed by the Chairperson stating any matter with respect to a delegation of a power under this section is
“(3) A document purporting to be a certificate under subsection (2) shall, unless the contrary is established, be taken to be such a certificate.”.
“28. The Electoral Commissioner may by signed instrument delegate to the Deputy Electoral Commissioner or an Australian Electoral Officer for a State or Territory all or any of the powers of the Electoral Commissioner under this Act, other than the powers conferred by Parts III and IV.”.
(a) by omitting from subsection (1) “each Territory” and substituting “the Australian Capital Territory”;
(b) by omitting from subsections (2) and (3) “a Territory” and substituting “the Australian Capital Territory”;
(c) by omitting from subsection (4) “While a person is acting as Australian Electoral Officer for a Territory, he” and substituting “A person acting as Australian Electoral Officer for the Australian Capital Territory”.
“38a. In this Part, unless the contrary intention appears:
‘Northern Territory’ does not include the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island;
‘Territory’ means the Australian Capital Territory, the Northern Territory or an external territory other than Norfolk Island.”.
“(2) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or
the Northern Territory at a general election is 6 or more, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory.
“(3) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is an odd number, subsection (2) applies as if the number were reduced by one.
“(4) Subject to subsection (5), a Territory (other than the Australian Capital Territory and the Northern Territory) is not entitled to separate representation in the Senate.
“(5) Where 2 or more members of the House of Representatives are to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory.
“(6) Where the number of members of the House of Representatives to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election is an odd number, subsection (5) applies as if the number were reduced by one.
“(7) Until the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island becomes entitled to separate representation in the Senate under subsection (5), this section has effect as if the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island, as the case may be, were a part of the Northern Territory.”.
“(2a) If the place of a senator for a Territory other then the Northern Territory or the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the members of the Senate and the House of Representatives, sitting and voting together at a joint sitting convened by the Governor-General, shall choose a person to hold the place until the expiration of the term, but if the Parliament is not in session when the vacancy is notified, the Governor-General may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Parliament or the expiration of the term, whichever first happens.”;
“; and (c) in the case of a senator for a Territory other than the Northern Territory or the Australian Capital Territory—the President of the Senate shall notify the Governor-General of the vacancy.”;
“(6a) The name of any senator chosen by the members of the Senate and the House of Representatives under subsection (2a) shall be certified by the President of the Senate to the Governor- General.”.
“(1) The Electoral Commissioner shall, as soon as possible after he or she has ascertained, in accordance with section 46, the numbers of the people of the Commonwealth and of the several States and Territories:
(a) determine, in accordance with subsection (2), the number of members of the House of Representatives to be chosen in the several States at a general election; and
(b) determine, in accordance with subsections (2a) and (2b), the number of members (if any) of the House of Representatives to be chosen in the several Territories at a general election.”;
“(2a) The Electoral Commissioner shall divide the number of people of each Territory, as ascertained in accordance with section 46 by the quota ascertained under paragraph (2) (a) and, subject to subsection (2b), shall determine:
(a) if the result of the division is less than or equal to 0.5—that no member of the House of Representatives be chosen in the Territory at a general election;
(b) if the result of the division is greater than 0.5 and less than or equal to 1.5—that one member of the House of
Representatives be chosen in the Territory at a general election; or
(c) in any other case—that the number of members of the House of Representatives to be chosen in the Territory at a general election is the number ascertained by the division or, if there is a remainder greater than one-half of the quota, that number increased by one.
“(2b) At least one member of the House of Representatives shall be chosen in the Australian Capital Territory and in the Northern Territory at a general election.
“(2c) If the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in either or both of the following Territories:
(a) the Territory of Cocos (Keeling) Islands;
(b) the Territory of Christmas Island;
the following provisions shall have effect:
(c) the ascertainments under section 46, and the determinations under this section, in respect of that Territory or those Territories, as the case may be, and in respect of the Northern Territory shall be deemed never to have been made;
(d) that Territory, or those Territories, as the case may be, shall be taken to be part of the Northern Territory;
(e) the Electoral Commissioner shall, as soon as possible:
(i) ascertain, under section 46, the number of the people of the Northern Territory; and
(ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election.”
“51. A member of the House of Representatives representing a Territory shall be directly chosen by the people of the Territory.”.
“55a. If, under subsection 48 (2a), the Electoral Commissioner determines that the number of members of the House of Representatives to be chosen in the Northern Territory at a general election is 2 or a greater number, this Part shall, on and from the making of the determination, apply to the Northern Territory as if:
(a) a reference to a State included a reference to the Northern Territory; and
(b) a reference to a determination under subsection 48 (1) were a reference to a determination under subsection 48 (2a).”.
“56a. Until the Electoral Commissioner, under subsection 48 (2a), determines that a member of the House of Representatives be chosen in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island at a general election, any distribution or redistribution of the Northern Territory into electoral divisions under this Act shall be such that those territories are included in the same Division.”.
“(16a) This section applies to the Australian Capital Territory as if:
(a) a reference to a State were a reference to the Australian Capital Territory;
(b) except in subsection (2), a reference to the Australian Electoral Officer for a State were a reference to the Electoral Commissioner; and
(c) subsection (2) were omitted and the following subsections substituted:
‘(2) For the purposes of the redistribution, the Electoral Commissioner and the senior Divisional Returning Officer for the Territory shall be the Redistribution Commissioners for the Territory.
‘(2a) In this section, “senior Divisional Returning Officer for the Territory” has the same meaning as in section 61.’.”.
“76a. If:
(a) this Part applies to the Northern Territory because of section 55a;
(b) the Northern Territory constitutes a single Division; and
(c) a redistribution of the Territory is required by subsection 76 (1);
section 76 has effect, in its application to the Northern Territory, as if:
(d) subsections (3), (4) and (5) were omitted;
(e) subsections (6) to (12) (inclusive) were omitted and the following subsections substituted:
‘(6) The Redistribution Commissioners shall, by instrument in writing, determine the names and boundaries of the Electoral Divisions into which the State is to be distributed, and those Electoral Divisions shall, until altered by a determination under this subsection or subsection 73 (1), be the Divisions in the State.
‘(7) The Redistribution Commissioners shall make a determination under subsection (6) as soon as practicable and, in any event, within 7 days after the relevant day.
‘(8) In making a redistribution under subsection (6), the Redistribution Commissioners shall observe the following requirements:
(a) the Population Census Collection Districts in the State, or the parts of such districts that are within the State, shall be the basis for the distribution;
(b) each Electoral Division shall, as far as practicable, contain the same number of electors enrolled;
(c) except where discontinuous or separate boundaries are necessary for the purpose of including an island in an Electoral Division, the boundaries of each Electoral Division shall form an unbroken line.
‘(9) The name to be given to each Electoral Division is within the discretion of the Redistribution Commissioners.’; and
(f) subsections (15) and (16) were omitted.”.
“(3) If the Northern Territory is distributed into Electoral Divisions under section 73 or under section 76, as it has effect by virtue of section 76a, this section shall have effect, after the distribution, as if:
(a) a reference in paragraph (1) (a) to a Division were a reference to a Division other than a Division in the Northern Territory;
(b) the words “the Northern Territory” were omitted from paragraph (1) (b) and the words “each Division in the Northern Territory” were substituted; and
(c) subsection (2) were omitted and the following subsection substituted:
‘(2) The Territory of Christmas Island and the Territory of Cocos (Keeling) Islands shall each be a District of the Division in which they are included.’.”.
(a) by inserting “or the Northern Territory” in paragraph (4) (a) after “State” (wherever occurring);
(b) by omitting from paragraph (4) (b) “a Territory” and substituting “the Australian Capital Territory”.
“(3) The Electoral Commission shall, at each capital city office of the Commission, keep available for inspection by members of the public, the latest microfiche of:
(a) the Roll for each State and Territory; and
(b) any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.
“(4) The capital city offices of the Electoral Commission are:
(a) the principal office of the Commission in Canberra;
(b) the principal office of the Commission in the capital city of each State; and
(c) the principal office of the Commission in Darwin.
“(5) The Divisional Returning Officer for a Division shall keep available, at his or her office, for inspection by members of the public, the latest microfiche of:
(a) the Roll for the Division; and
(b) any other Roll specified in a direction given by the Electoral Commissioner for the purpose of this paragraph.
“(6) A microfiche of a Roll shall be made whenever the Electoral Commissioner so directs.
“(7) A microfiche referred to in subsection (3) or (5) shall be available for inspection during ordinary office hours without fee.”.
“91. (1) In this section:
‘habitation index’, in relation to a Division, means a list of electors for the Division arranged, in a manner determined by the Electoral Commission, by reference to the respective places of living of the electors whose names are on the Roll for the Division;
‘Secretary of a Department’ has the same meaning as in the
Public Service Act 1922 ;‘tape or disk’ means, in relation to a Roll or habitation index, a tape or disk from which the information contained in the latest print of that Roll or in that index, as the case may be, and no other information, may be reproduced by mechanical, electrical, electronic or other means.
“(2) The Electoral Commission shall, after each general election:
(a) provide to each registered political party a copy of the latest print of the Roll for each State and Territory;
(b) provide to each Senator for a State or Territory 5 copies of the latest print of the Roll for that State or Territory;
(c) provide to each member of the House of Representatives 5 copies of the latest print of the Roll for the Division for which the member was elected; and
(d) provide to such other persons or organisations (if any) as the Electoral Commission determines are appropriate a copy of the latest print of such Rolls as the Electoral Commission considers appropriate.
“(3) Instead of providing a copy or copies of the latest print of a Roll to a party or person referred to in paragraph (2) (a), (b) or (c), the
Electoral Commission may, if the party or person requests that the copy or copies be provided in a form other than a printed form, provide a tape or disk of the Roll.
“(4) Instead of providing a copy of the latest print of a Roll to a person or organisation referred to in paragraph (2) (d), the Electoral Commission may, at its discretion, provide a tape or disk of the Roll.
“(5) So far as practicable, the Electoral Commission shall, after each general election, provide to each registered political party a tape or disk of the habitation index for each Division.
“(6) A copy, tape or disk provided to a party or person under this section shall be provided:
(a) without charge; and
(b) not later than 2 years after the commencement of the first session of the Parliament after the last general election.
“(7) In spite of subsections (2) and (5), the Electoral Commission is not required by this Section to provide a registered political party with:
(a) a copy of the latest print of the Roll for a State or Territory;
(b) a tape or disk of such a Roll; or
(c) a tape or disk of the habitation index for a Division in a State or Territory;
unless a branch or division of the party is organised on the basis of that State or Territory.
“(8) The Electoral Commission shall not include on a tape or disk of a habitation index provided under subsection (5) the name of a person whose address has been excluded or deleted from a Roll under section 104.
“(9) Except as otherwise provided by this Act, the Electoral Commission shall not provide any person with any information which discloses particulars of the occupations, sex or dates of birth of electors.
“(10) The Electoral Commission may provide a prescribed authority with a microfiche of a Roll or with information referred to in subsection (9) if the provision of the microfiche or information is authorised by the regulations.
“(11) In subsection (10), ‘prescribed authority’ means:
(a) the Secretary of a Department that is specified in the regulations for the purposes of this subsection; or
(b) the chief executive officer of an authority of the Commonwealth that is so specified.
“91a. (1) Where a tape or disk has been provided to a political party under subsection 91 (5), a person shall not use information obtained by means of the tape or disk except for a purpose that is a permitted purpose in relation to that party.
Penalty: $1,000.
“(2) The permitted purposes in relation to a political party are:
(a) any purpose in connection with an election or referendum;
(b) monitoring the accuracy of information contained in a Roll; and
(c) the performance by a senator or member of the House of Representatives who is a member of the party of his or her functions as a senator or member in relation to a person or persons enrolled for the Division to which the index relates.
“(3) In subsection (2):
‘election’ means:
(a) a Senate election;
(b) a House of Representatives election;
(c) a State election;
(d) a Territory election; or
(e) a local government election;
‘referendum’ means a referendum conducted under a law of the Commonwealth or of a State or Territory.
“91b. (1) For the purposes of this section, information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been obtained by means of a tape or disk provided under subsection 91 (5).
“(2) A person shall not disclose protected information except to the extent that disclosure is a necessary part of the use of the information for a purpose that is a permitted purpose in relation to the political party to which the tape or disk was provided.
Penalty: $1,000.
“(3) A person shall not use protected information for a commercial purpose.
Penalty: $1,000.”.
“(5) A person who has applied under subsection (1) shall, as soon as practicable, give written notice to the Divisional Returning Officer to whom the application was made of the occurrence of any of the following circumstances:
(a) the person does not cease to reside in Australia within one month after the day on which the application was made;
(b) within 3 years after ceasing to reside in Australia, the person again becomes resident in Australia;
(c) the person abandons the intention to become resident again in Australia within 3 years after ceasing to reside in Australia;
(d) the person ceases to be entitled to enrolment.”;
“(7) Where:
(a) a person who is an eligible overseas elector ceases to reside in Australia within one month after the day on which he or she made an application under subsection (1); and
(b) within 3 years after ceasing to reside in Australia, the person becomes resident in Australia;
the person ceases to be entitled to be treated as an eligible overseas elector at the end of one month after the day on which he or she again became resident in Australia.”.
“(1) A person who:
(a) is in Australia; and
(b) because the person does not reside in any Subdivision, is not entitled to be enrolled for any Subdivision;
may apply to the Australian Electoral Officer for a State for enrolment under this section for a Subdivision in that State.
“(2) An application shall be in writing.
“(2a) The Australian Electoral Officer shall cause the name of the applicant to be added to the Roll:
(a) for the Subdivision for which the applicant last had an entitlement to be enrolled;
(b) if the person has never had such an entitlement, for a Subdivision for which any of the applicant’s next of kin is enrolled;
(c) if neither paragraph (a) nor paragraph (b) applies, for the Subdivision in which the applicant was born; or
(d) if none of paragraphs (a), (b) and (c) applies, the Subdivision with which the applicant has the closest connection.
“(2b) The Australian Electoral Officer shall also annotate the Roll so as to indicate that the person is an itinerant elector.
“(2c) Until an annotation under subsection (2b) is cancelled, the person to whom the annotation relates is entitled to be treated as an itinerant elector.”;
(c) by omitting paragraph (10) (a) and substituting the following paragraph:
“(a) if the person ceases to be entitled otherwise than because of paragraph (9) (b) and the Australian Electoral Officer is aware that the person resides in the Division—cause the annotation made in relation to the person under subsection (2b) to be cancelled; or”;
“96a.(1) A person who is serving a sentence of imprisonment is entitled to remain enrolled for the Subdivision (if any) for which the person was enrolled when he or she began serving the sentence.
“(2) An eligible person who is serving a sentence of imprisonment but who was not enrolled when he or she began serving the sentence is entitled to be enrolled for:
(a) the Subdivision for which the person was entitled to be enrolled at that time;
(b) if the person was not so entitled, a Subdivision for which any of the person’s next of kin is enrolled;
(c) if neither of paragraphs (a) and (b) is applicable, the Subdivision in which the person was born; and
(d) if none of the preceding paragraphs is applicable, the Subdivision with which the person has the closest connection.
“(3) In subsection (2), ‘eligible person’ means a person who, under section 93, is entitled to enrolment.”
(a) by omitting from subsection (1) “a Territory” (wherever occurring) and substituting “the Australian Capital Territory”;
(b) by inserting after subsection (1) the following subsection:
“(1a) This Part applies to the Northern Territory as if the Territory were a State.”
“(3) Subject to sections 94, 95, 96 and 96a and Part XVII, a person is not entitled to have his or her name placed on the Roll:
(a) for more than one Subdivision;
(b) for a Subdivision other than the Subdivision in which the person lives; or
(c) in respect of an address other than the address at which the person is living when the claim is lodged.
“(4) In spite of any other provision of this Act:
(a) a Senator is entitled to have his or her name placed on the Roll for any Subdivision of any Division in the State or Territory the Senator represents instead of the Subdivision in which the Senator lives;
(b) a member of the House of Representatives is entitled to have his or her name placed on the Roll for any Subdivision of the Division the member represents instead of the Subdivision in which the member lives; and
(c) a Senator or member whose name is enrolled under this subsection may vote as an elector of the Subdivision for which he or she is so enrolled.”.
(a) by omitting from paragraph (1) (c) “forthwith”;
(b) by inserting after subsection (1) the following subsection:“(1a) Before dealing with a claim under paragraph (1) (b) or (a) a Divisional Returning Officer may make any inquiries the officer thinks necessary.”
“(4a) This subsection applies to a claim under section 101 if:
(a) the claim is received during the period referred to in subsection (4);
(b) the Australian Postal Commission has notified the Electoral Commission in writing that:
(i) the delivery of mail identified in the notification was delayed by an industrial dispute affecting a specified post office or mail exchange; and
(ii) but for the industrial dispute, that mail would, in the in the ordinary course of post, have been delivered before the commencement of the period referred to in subsection (4); and
(c) the claim is included in the mail identified in the notification.
“(4b) In spite of subsection (4)
(a) a claim to which subsection (4a) applies shall be regarded as having been received before the commencement of the period referred to in subsection (4)
; and(b) if the claimant’s name is entered on the Roll in accordance with the claim, the enrolment shall, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the commencement of the period referred to in subsection (4).”.
“(4) Where, at a preliminary scrutiny of declaration votes, a vote is admitted to further scrutiny because of paragraph 12 of Schedule 3, the Divisional Returning Officer shall, as soon as practicable, enter the name of the elector on the Roll for the Subdivision for which, but for an error or mistake, the name would have appeared unless, since the close of the Rolls for the election, the person has been enrolled for another Subdivision.
“(5) Where, at a preliminary scrutiny conducted under section 89a of the
(a) by omitting from subsection (1) “a Territory” (wherever occurring) and substituting “the Australian Capital Territory”;
(b) by inserting after subsection (1) the following subsection:
“(1a) This Part applies to the Northern Territory as if the Territory were a State.”.
“113. (1) In this Part:
‘appropriate DRO’ means the DRO for the Division for which the challenged elector is enrolled;
‘challenged elector’ means the person to whose enrolment an objection relates;
‘challenged enrolment’ means the enrolment to which an objection relates; ‘official objection’ means an objection by a DRO under subsection 114 (2);
‘private objection’ means an objection under subsection 114 (1);
‘relevant Subdivision’ means the Subdivision for which the challenged elector is enrolled.
“(2) Where there is an Assistant Divisional Returning Officer for a Subdivision, a reference in this Part to the DRO for the Division that includes the Subdivision shall be read as a reference to the Assistant Divisional Returning Officer.
“114. (1) A person enrolled for a Subdivision may object to the enrolment of another person for that Subdivision on the ground that the other person is not entitled to be enrolled for that Subdivision.
“(2) The DRO for a Division shall object to the enrolment of a person for a Subdivision of that Division if there are reasonable grounds for believing that the person is not entitled to be enrolled for that Subdivision.
“(3) A DRO shall not object on the ground set out in paragraph 93 (8) (a).
“115. (1) An objection shall be in writing in the approved form.
“(2) A private objection shall be lodged with the appropriate DRO together with an amount of $2.
“(3) An objection on the ground that the challenged elector does not live in a Subdivision is not sufficient unless it also states that, at the date of the objection, the elector has not lived in the Subdivision for at least one month.
“116. (1) The DRO shall give notice of an objection to the challenged elector.
“(2) A notice under subsection (1):
(a) shall be in the approved form;
(b) shall:
(i) in the case of a private objection—set out the name and address of the objector;
(ii) in the case of an official objection—set out the official title of the objector;
(iii) set out the ground or grounds of the objection; and
(iv) set out the steps to be taken by the elector if the elector wishes to answer the objection; and
(c) may be given to the challenged elector by posting it to that elector at:
(i) a place notified by that elector to the DRO as the place to which notices under this Act may be sent;
(ii) if there is no such place, the place at which the DRO believes the elector to be living; or
(iii) if neither of subparagraphs (i) and (ii) applies, the place shown on the Roll as the elector’s place of residence.
“(3) If the DRO is satisfied that an objection is frivolous or vexatious, the DRO may dismiss the objection without giving notice to the challenged elector.
“(4) If:
(a) an objection is made on the ground specified in paragraph 93 (8) (a); and
(b) the objection is not supported by a certificate of a medical practitioner;
the DRO shall dismiss the objection without giving notice to the challenged elector.
“117. The challenged elector may answer an objection:
(a) orally to the DRO at the office of the DRO or by telephone to the DRO; or
(b) in writing.
“118. (1) A DRO shall determine an objection as soon as practicable after:
(a) the receipt by the officer of the answer of the challenged elector; or
(b) the end of 20 days after the giving of the notice; whichever is the earlier.
“(2) Before determining an objection, a DRO may make any inquiries the officer considers necessary to ascertain the facts in relation to the objection.
“(3) If it appears to the DRO that the challenged elector is not entitled to be enrolled for the relevant Subdivision, the DRO shall remove the elector’s name from the Roll for that Subdivision.
“(4) The DRO shall not remove an elector’s name from the Roll on the ground specified in paragraph 93 (8) (a) unless the objection is accompanied by a certificate of a medical practitioner stating that, in the opinion of the
medical practitioner, the elector, because of unsoundness of mind, is incapable of understanding the nature and significance of enrolment and voting.
“(5) The DRO shall not remove an elector’s name from the Roll for a Subdivision during the period between the issue of the writ for an election in the Subdivision and the close of the polling at the election.
“(6) The DRO shall give to the objector and to the challenged elector written notice in the approved form of the decision of the DRO on an objection.
“(7) Notice under subsection (6) may be given to the challenged elector by posting it to the elector at the address to which notice of the objection was posted.
“(8) Where, as a result of a private objection, an elector’s name is removed from the Roll, the amount of $2 lodged with the objection shall be repaid to the objector.”.
“(ca) notifies a person under subsection 185c (2) that the registration of the person as a general postal voter has been cancelled; or”;
“or (h) the cancellation of the person’s registration as a general postal voter;”;
“(ja) if the request relates to the cancellation of the registration of a person as a general postal voter, a written statement of the reasons for the cancellation; and”;
“(5) Where an Australian Electoral Officer receives a copy of a request under subsection (4) in relation to a claim, objection, application or request or in relation to the cancellation of registration under subsection 185c (1), the Australian Electoral Officer shall, without delay, review the decision of the Divisional Returning Officer.”.
(a) by omitting from subsection (1) “a Territory” (wherever occurring) and substituting “the Australian Capital Territory”;
“(1a) This Part applies to the Northern Territory as if the Territory were a State.”.
44. Section 123 of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of “eligible political party” and substituting the following definition:
“ ‘eligible political party’ means a political party that:
(a) either:
(i) is a Parliamentary party; or
(ii) has at least 500 members; and
(b) is established on the basis of a written constitution (however described) that sets out the aims of the party;”;
“ ‘address’ does not include a postal address that consists of a post office box number;”;
“(3) A reference in this Part to a member of a political party is a reference to a person who is both:
(a) a member of the political party or a related political party; and
(b) entitled to enrolment under this Act.”.
(a) by adding at the end of paragraph (1) (c) of whom one is the secretary of the party”;
(b) by inserting in subsection (2) “and by the person who is to be the registered officer of the party” after “applicants” (first occurring);
(c) by omitting paragraphs (2) (f) and (g) and substituting the following paragraph:
“and (f) be accompanied by a copy of the constitution of the party.”.
“(4) Particulars submitted under paragraph (2) (b) shall, as soon as practicable, be made available at the principal office of the Commission in Canberra for inspection by members of the public.
“(5) The Commission shall:
(a) give a copy of all of the particulars (if any) submitted under paragraph (2) (b) to the person who is to be the registered officer of the party concerned; and
(b) at the same time, give to the person a notice inviting the person to submit a reply to the particulars to the Commission within the time specified in the notice.
“(6) A reply submitted under subsection (5) shall, as soon as practicable, be made available at the principal office of the Commission in Canberra for inspection by members of the public.
“(7) The Commission shall not register a political party unless:
(a) it has published notice of the application for registration in accordance with this section;
(b) a period of at least one month has elapsed after the date of publication of notice of the application in the
Gazette ;(c) where particulars have been submitted under paragraph (2) (b), either:
(i) the time specified in a notice under subsection (5) has expired; or
(ii) a reply to the particulars has been received; and
(d) the Commission has considered those particulars (if any) and any reply to the particulars.”.
“(1a) Where a political party is registered under this Part, the registered officer of the party may apply to the Commission to change the Register by substituting for the address of the registered officer entered in the Register the address specified in the application.”;
(e) by inserting in paragraph (2) (b) “shall be signed by that person and” after “party,”;
(f) by inserting after subsection (2) the following subsection:
“(2a) An application under subsection (1a) shall be signed by the applicant.”;
(g) by inserting in subsection (3) “or (1a)” after “subsection (1)”;
(h) by omitting subsection (4) and substituting the following subsection:“(4) In respect of an application under subsection (1) for a change referred to in paragraph (1) (c), (d) or (e), sections 127, 129, 131 and 132 apply in relation to the application as if:
(a) a reference in those sections to an application for registration were a reference to an application for that change;
(b) subparagraph (2) (b) (i) were omitted from section 132; and
(c) a reference in subparagraph 132 (2) (b) (ii) to section 126 were a reference to this section.”;
(j) by inserting in subsection (6) “or (1a)” after “subsection (1)”;
(k) by inserting in subsection (7) “or (1a)” after “subsection (1)”.
(a) by omitting subsection (1) and substituting the following subsections:
“(1) A registered political party is liable to deregistration if:
(a) a period of 4 years has elapsed since the polling day in the last election for which the party endorsed a candidate; or
(b) in the case of a party that was a Parliamentary party when it was registered:
(i) the party has ceased to be a Parliamentary party; and
(ii) the party has fewer than 500 members.
“(1a) If a party becomes liable to deregistration, the Commission shall:
(a) deregister the party;
(b) give written notice of the deregistration to the person who was the registered officer of the party immediately before the deregistration; and
(c) cause notice of the deregistration to be published in the
Gazette .”;
“(2a) If, under subsection 48 (2a), the Electoral Commissioner makes a determination that the number of members of the House of Representatives to be chosen in the Northern Territory at a general election is 2 or a greater number, subsection (2) of this section shall have effect, after the making of that determination, as if the word ‘member’ were omitted from paragraph (2) (h) and the word ‘members’ substituted.”.
“163. (1) A person who:
(a) has reached the age of 18 years;
(b) is an Australian citizen; and
(c) is either:
(i) an elector entitled to vote at a House of Representatives election; or
(ii) a person qualified to become such an elector;
is qualified to be elected as a Senator or a member of the House of Representatives.
“(2) A person is not entitled to be nominated for election as a Senator or a member of the House of Representatives unless the person is qualified under subsection (1).”.
“182. In this Part:
‘appropriate DRO’, in relation to an application or anything to be done by an elector, means the DRO for the Division for which the elector is enrolled;
‘Register’, in relation to a Division, means the Register of General Postal Voters for the Division.
“183. An elector may apply for a postal vote on any of the grounds set out in Schedule 2.
“184. (1) An application shall be in writing in the approved form and shall:
(a) contain a declaration by the applicant that he or she is an elector entitled to apply for a postal vote; and
(b) be signed by the applicant in the presence of an authorised witness.
“(2) An application made in Australia shall be made to a DRO.
“(3) An application made outside Australia shall be made to an Assistant Returning Officer.
“(4) An application for a postal vote may not be made until after the issue of the writ for the election in relation to which a postal vote is sought or the public announcement of the proposed date for the polling, whichever is the earlier.
“(5) An application shall be regarded as not having been made if it reaches the officer to whom it is directed after 6 p.m. on the day before polling day in the election.
“(6) An elector shall not make a false statement:
(a) in an application for a postal vote; or
(b) in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(7) A person shall not induce an elector to make a false statement:
(a) in an application for a postal vote; or
(b) in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both.
“184a. (1) An elector may apply to the appropriate DRO for registration as a general postal voter.
“(2) An application shall be made on one of the following grounds:
(a) the applicant’s real place of living is not within 20 kilometres, by the nearest practicable route, of a polling place;
(b) the applicant:
(i) is a patient at a hospital (other than a special hospital or a hospital that is a polling place); and
(ii) because of serious illness or infirmity, is unable to travel from the hospital to a polling place;
(c) because of serious illness or infirmity, the applicant is unable to travel from the place where he or she lives to a polling place;
(d) the applicant is detained in custody;
(e) the enrolment of the applicant was obtained by means of a claim signed under subsection 98 (3);
(f) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated as to be incapable of signing his or her name;
(g) he applicant’s address has been excluded from the Roll under section 104;
(h) because of the applicant’s religious beliefs or membership of a religious order, the applicant:
(i) is precluded from attending a polling booth; or
(ii) for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.
“(3) An application in respect of an elector to whom paragraph (2) (e) or (f) applies may be made by another person on behalf of the elector.
“(4) The certificate referred to in paragraph (2) (f) shall be lodged with an application made on the ground set out in that paragraph.
“(5) An elector shall not make a false statement:
(a) in an application under this section; or
(b) in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(6) A person shall not induce an elector to make a false statement:
(a) in an application under this section; or
(b) in any declaration relating to such an application.
Penalty: $1,000 or imprisonment for 6 months, or both.
“184b. (1) The DRO for a Division shall keep a Register of General Postal Voters in respect of the Division.
“(2) The Register shall be available at the office of the DRO during ordinary office hours for inspection, without fee, by members of the public.
“185. (1) If the DRO to whom an application has been made is satisfied that the application has been made in accordance with section 184a
“(2) Where:
(a) a claim for enrolment or transfer of enrolment is made to the appropriate DRO;
(b) the claim is signed under subsection 98 (3); and
(c) the claim indicates that the claimant wishes to be registered as a general postal voter;
the DRO shall register the claimant as a general postal voter.
“(3) Where an elector who is registered as a general postal voter for a Division (in this subsection called the ‘original Division’) makes a claim for transfer of enrolment to another Division (the ‘new Division’), the matter shall be dealt with as follows:
(a) when notified of the transfer of enrolment, the DRO for the original Division shall notify the DRO for the new Division that the elector was so registered;
(b) the DRO for the original Division shall cancel the registration of the elector; and
(c) except in the case of an elector whose address has been excluded from the Roll under section 104
, the DRO for the new Division shall register the elector unless the DRO is satisfied that the elector would not be entitled to registration on application under subsection 184a (1).
“(4) Registration of an elector as a general postal voter for a Division is effected by entering in the Register the following particulars of the elector:
(a) full name;
(b) except in the case of an elector whose address has been excluded from the Roll under section 104, the address shown in the Roll as the real place of living of the elector;
(c) such other particulars (if any) as the Electoral Commission determines.
“(5) A DRO who registers an elector as a general postal voter shall notify the elector in writing of the registration.
“(6) A DRO who decides not to register an elector as a general postal voter shall notify the elector in writing of the decision and of the reasons for it.
“185a. Except in the case of an elector registered on the ground set out in paragraph 184a(2) (e) or (f), registration under section 185 is not sufficient to entitle an elector to the issue of a postal vote certificate and postal ballot-paper.
“185b. The DRO for a Division shall, when so directed by the Electoral Commission, examine the Register for the Division and make such alterations to the Register as are necessary to ensure that:
(a) only electors entitled to be registered as general postal voters for the Division are so registered; and
(b) the particulars entered in the Register are accurate.
“185c. (1) The DRO for a Division may cancel the registration of an elector as a general postal voter for the Division if the DRO is satisfied that the ground on which the elector applied for registration no longer exists.
“(2) The DRO shall give to the elector, personally or by post, written notice of the cancellation and of the elector’s right to request the DRO to refer the cancellation to the Australian Electoral Officer for the State for which the elector is enrolled for review under section 120.
“186. (1) As soon as practicable after the issue of the writ for an election in a Division or the public announcement of the proposed date for the polling, whichever is the earlier, the DRO for the Division shall send postal voting papers to each registered general postal voter for the Division.
“(2) The postal voting papers to be sent are:
(a) in the case of an elector registered as a general postal voter for the Division on the ground set out in paragraph 184a (2)(e) or (f)—a postal vote certificate printed on an envelope addressed to the DRO and one postal ballot-paper for a Senate election or one postal ballot-paper for a House of Representatives election, or both, as the case requires; and
(b) in any other case—a form of application for a postal vote and an envelope addressed to the DRO.
“187. (1) A person shall not witness the signature of another person (in this section called the ‘elector’) on an application for a postal vote unless:
(a) the person is satisfied of the identity of the elector;
(b) the person has seen the elector sign the application; and
(c) either:
(i) the person knows that the statements in the application are true; or
(ii) the person is satisfied, on the basis of inquiries of the elector or otherwise, that the statements in the application are true.
Penalty: $500.
“(2) The person who witnesses the signature of the elector to the application shall sign the application in his or her own handwriting and write on the application the date of signature.
“188. (1) A DRO or Assistant Returning Officer who receives an application, properly signed and witnessed, for a postal vote shall post to the applicant:
(a) a postal vote certificate printed on an envelope addressed to the DRO for the Division for which the applicant is enrolled; and
(b) one postal ballot-paper for a Senate election or one postal ballot-paper for a House of Representatives election, or both, as the case requires.
“(2) In spite of subsection (1), where the application is received after the last mail clearance at the nearest post office on the last Thursday before polling day, the DRO or Assistant Returning Officer shall not post to the applicant a postal vote certificate or ballot-paper.
“189. (1) A DRO who issues a postal vote certificate and postal ballot- paper shall:
(a) write on the application the date of issue of the certificate and ballot-paper; and
(b) if the DRO is not the appropriate DRO, send the application to the appropriate DRO.
“(2) An Assistant Returning Officer who issues a postal vote certificate and postal ballot-paper shall:
(a) write on the application the date of issue of the certificate and ballot-paper; and
(b) deal with the application in accordance with subsection 228 (8).
“(3) All applications for postal votes in relation to which a DRO is the appropriate DRO shall be open to public inspection at the office of the DRO during ordinary office hours from and including the third day after polling day until the election can no longer be questioned.
“190. (1) A DRO or Assistant Returning Officer shall allocate a number to each application for a postal vote and shall number each postal vote certificate with a number corresponding to the number of the application.
“(2) The DRO or Assistant Returning Officer who issues a ballot-paper shall initial the back of the paper.
“191. (1) As far as is reasonably practicable, the issue of a postal vote certificate and postal ballot-paper to an elector shall be noted on the relevant certified list of voters.
“(2) If a certified list of voters is not so noted, the DRO for the Division shall take such steps as he or she thinks reasonable to inform the presiding officer to whom the list was given of the issue of the certificates and ballot-papers.
“192. A postal vote certificate shall be in the approved form.
“193. (1) An elector whose name appears on a Roll is an authorised witness.
“(2) Outside Australia, the following persons are authorised witnesses:
(a) an officer of the Defence Force or of the naval, military or air forces of another part of the Queen’s dominions;
(b) a member of the Australian Public Service;
(c) a member of the civil or public service of a Territory or of another part of the Queen’s dominions;
(d) a Justice of the Peace for a State or Territory or another part of the Queen’s dominions;
(e) a minister of religion or medical practitioner resident in a State or Territory or another part of the Queen’s dominions;
(f) an Australian citizen.
“(3) A person who is a candidate at an election is not an authorised witness in relation to the casting of a postal vote in that election.
“194. (1) The following requirements for postal voting shall be substantially observed:
(a) the elector shall show the unsigned postal vote certificate and the unmarked postal ballot-paper to an authorised witness;
(b) except in the case of an elector registered as a general postal voter on the ground set out in paragraph 184a (2) (e) or (f), the elector shall sign the postal vote certificate in the presence of the authorised witness;
(c) the authorised witness shall sign the certificate as witness, adding the date and an indication of the capacity in which the witness acts;
(d) the elector shall then, in the presence of the authorised witness but so that the witness cannot see the vote, mark his or her vote on the ballot-paper, fold the ballot-paper, place it in the envelope addressed to the appropriate DRO and fasten the envelope;
(e) the elector shall post or deliver the envelope to the appropriate DRO;
(f) if the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, complete the postal vote certificate and do for the elector any act required by paragraph (d) or (e);
(g) directions under paragraph (f) may be given by reference to a how-to-vote card.
“(2) In spite of paragraph (1) (e), where:
(a) a ballot-paper, if posted before the close of the poll, would be unlikely to reach the appropriate DRO within 13 days after polling day; or
(b) a ballot-paper, if it were to be delivered to the appropriate DRO, would be unlikely to reach the DRO before the close of the poll;
the envelope containing the ballot-paper may:
(c) before the close of the poll be addressed to, and posted or delivered to, any other DRO or to an Assistant Returning Officer at a place outside Australia;
(d) be handed to a pre-poll voting officer; or
(e) be delivered, on polling day and before the close of the poll, to any presiding officer.
“(3) A DRO, Assistant Returning Officer, presiding officer or pre-poll voting officer to whom an envelope containing a ballot-paper is posted or delivered under subsection (2) shall deal with the envelope and ballot-paper according to sections 195a and 228.
“195. Except at the request of the elector, a person shall not:
(a) interfere with an elector in relation to the marking of a postal ballot-paper; or
(b) do anything that would enable the person or any other person to find out how an elector marked a postal ballot-paper.
Penalty: $1,000.
“195a. (1) In this section, ‘officer’ means:
(a) a pre-poll voting officer;
(b) a presiding officer; or
(c) an Assistant Returning Officer at a place outside Australia.
“(2) Where:
(a) a DRO receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper issued in respect of a Division other than the Division for which the DRO is appointed; or
(b) an officer receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper;
the DRO or officer shall:
(c) endorse on the envelope ‘Received by me’ and the date and time of receipt;
(d) sign the endorsement, adding the words ‘Divisional Returning Officer’, ‘Pre-poll Voting Officer’, ‘Presiding Officer’ or ‘Assistant Returning Officer’, as the case may be;
(e) make a record of the name of the voter and the name of the Division as shown in the postal vote certificate;
(f) deal with the envelope in accordance with section 228; and
(g) until the envelope is so dealt with, keep the envelope in a ballot- box.
“196. A person other than:
(a) the DRO for the Division in respect of which a postal ballot-paper has been issued; or
(b) an officer acting at the direction of the DRO;
shall not open an envelope that purports to contain a postal ballot-paper on which a vote has been recorded.
Penalty: $500.
“197. A person to whom an elector entrusts:
(a) an application for a postal vote; or
(b) an envelope apparently containing a postal ballot-paper;
for posting or delivery to an officer shall post or deliver the application or envelope, as the case may be, as soon as practicable.
Penalty: $1,000.
“198. A person shall not induce an elector to hand over to the person a postal ballot-paper on which a vote has been recorded.
Penalty: $1,000.
“199. If an officer who receives:
(a) an application for a postal vote; or
(b) a postal vote certificate;
is satisfied that the application or certificate contains a formal error, the officer may amend the application or certificate to correct the error.
used for voting at the station | ||
264 (1) | him | the candidate |
267 (1) | his decision | the officer’s decision |
268 (1) (b) | his | his or her |
268 (1) (c) | (a) his contingent votes (first occurring) | an order of preference |
(b) his first preference | a first preference | |
(c) his contingent votes | an order of preference | |
(d) his last | the voter’s last | |
(e) he has indicated the order of his | the voter has indicated an order of | |
(0 his vote | his or her vote | |
(g) the order of his | an order of | |
268 (2) | his vote | a vote |
268 (3) | his intention | that intention |
269 (1) | his vote | a vote |
269 (3) | (a) his vote | a vote |
(b) he has placed | the voter has placed | |
(c) his ballot-paper | the ballot-paper | |
273 (5) | The Divisional Returning Officer | The Divisional Returning Officer for a Division |
273 (5) (a) | (a) for which he is Divisional Returning Officer | |
(b) he | the officer | |
273 (5) (c) | by him (wherever occurring) | |
273 (6) | by him | |
273 (9) (a) | by him | by the candidate |
273 (9) (b) | for him | for that candidate |
273 (12) | by him | by the candidate |
273 (17) | , but he | but |
273 (19) | to him | to the officer |
273 (25) | him (wherever occurring) | the candidate |
274 (7) (c) | by him (wherever occurring) | |
274 (7) (d) (i) | him | the candidate |
278 (1) | (a) if he thinks fit, | |
(b) his own | the officer’s own | |
278 (2) | may, as he thinks fit, either | has a discretion either to |
279 | (a) if he thinks fit | |
(b) his own | the officer’s own | |
281 (2) | , reserved for his decision in pursuance of this section. | so reserved |
283 (1) (b) | indorsement under his hand certify on the writ | a signed indorsement on the writ certify |
284 (2) (a) | him | the Divisional Returning Officer |
284 (2) (b) | his inquiries under | the inquiries required by |
284 (2) | he may | the Divisional Returning Officer |
284 (3) | indorsement under his hand certify on the writ | a signed indorsement on the writ certify |
287 (1) | his own property | the person’s own property |
289 (3) | his | his or her |
300 | (a) him | the candidate |
(b) his death | the death of the candidate | |
(c) his own | his or her own | |
(d) his legal personal representative | the legal personal representative of the candidate | |
301 | his death | the death of the member |
Column 1 | Column 2 | Column 3 |
Omit— | Substitute— | |
304 (5) (b) (i) | his | his or her |
306 (1) (a) | his | his or her |
306 (2) | his | his or her |
311 (3) | him | the publisher |
314 (1) | he | the person |
315 (3) | his knowledge | the knowledge of the agent |
315 (4) | his knowledge | the knowledge of the person |
316 (4) | him | him or her |
316 (6) | his knowledge | the knowledge of the person |
316 (8) | he thinks | the officer or person thinks |
316 (9) (a) | him | the magistrate |
316 (10) | (a) he shall | the magistrate shall |
(b) to him | ||
(c) he has | he or she has | |
(d) relied on by him to justify the issue of the warrant | so relied on | |
317 | (a) he would transfer | would be transferred |
(b) he shall | the first-mentioned person | |
318 (1) | (a) he is unable (first occurring) | it is impossible |
(b) he is unable (second occurring) | he or she is unable | |
(c) he may | the person may | |
(d) he considers that | ||
(e) he is unable (third occurring) | he or she is unable | |
(f) why he is unable | why he or she is unable | |
(g) he believes (first and second occurring) | he or she believes | |
(h)to him | to him or her | |
(j) why he believes | for that belief | |
(k) and, if he does so, he | and a person who complies with this subsection | |
321 (2) | by him | |
322 | his vote | a vote |
323 | (a) him | him or her |
(b) his (wherever occurring) | ||
324 (b) | him | him or her |
326 (1) | for himself | , whether for the same |
329 (1) | his vote | a vote |
329 (3) | his vote | his or her vote |
329 (5) | (a) he | he or she |
(b) his vote | a vote | |
331 (1) | (a) every newspaper | a newspaper |
(b) his newspaper | the newspaper | |
336 (1) | with his personal signature | in his or her own handwriting |
336 (2) | (a) his name | his or her name |
(b) his mark | a mark | |
(c) his signature | his or her signature | |
(d) his personal signature | that signature | |
(e) his own handwriting (first occurring) | his or her own handwriting | |
(f) him to sign the electoral paper in his own handwriting | that the electoral paper be signed in the persons' own handwriting | |
336 (4) | he | a person |
337 (1) (a) | his name as witness on | as witness |
337 (1) (b) | his name as witness on | as witness |
337 (1) (c) | (a) his name as witness on | as witness |
(b) he has seen | he or she has seen | |
(c) he purports | he or she purports | |
337 (1) (d) | (a) as his own name | as his or her own name |
(b) being his own name | being his or her own name | |
338 | his vote | a vote |
339 (1) (k) | to his knowledge | to the knowledge of the person |
Column 1 | Column 2 | Column 3 |
Omit— | Substitute— | |
339 (2) | (a) by any | by, or by the authority of, any |
(b) or by his authority | ||
340 (2) (b) | by him | by the Divisional Returning Officer |
342 | (a) he affixes his signature thereto | signing the claim as witness |
(b) himself | himself or herself | |
(c) he knows | he or she knows | |
345 (1) | (a) his employer | his or her employer |
(b) he desires | the employee desires | |
(c) to enable him to vote | for the purpose of voting | |
(d) allow him leave | allow the employee leave | |
345 (2) | he | he or she |
345 (3) | he | he or she |
346 (1) | (a) him | the person |
(b) have in his possession (wherever occurring) | be in possession of | |
346 (2) | him | the person |
346 (3) | him | the person |
350 (1) | (a) he | he or she |
(b) made or published by him | ||
351 (1) | by him | by any person |
351 (4) | his | his or her |
362 (1) | (a) candidate (first occurring) ' | successful candidate |
(b) his election, if he is a | the election of the | |
successful candidate. | candidate | |
362 (3) (a) | his knowledge or authority | the knowledge or authority of the candidate |
367 | (a) he was not | the witness was not |
(b) he claimed | the witness claimed | |
(c) he was entitled | he or she was entitled | |
(d) he complied | the witness complied | |
(e) he was permitted | he or she was permitted | |
374 (i) | he | the person |
374 (ii) | (a) he | the person |
(b) his | his or her | |
387 | his | the elector’s |
390 (l) (b) | (a) his notice | the person’s notice |
(b) his duties | duties |
SCHEDULE 3 Section 123
MINOR AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918
Omit “provisional enrolment”, substitute “age 17 enrolment”.
Omit “Permanent Head”, substitute “Secretary”.
Add at the end “but so that the Rolls are printed at least once during
the period of 2 years after the commencement of the first session of the Parliament after a general election”.
Omit “provisional enrolment”, substitute “age 17 enrolment”.
Omit “provisional enrolment”, substitute “age 17 enrolment”.
Add at the end “or Australian Electoral Officer”.
After “claim for enrolment”, insert “(including a claim for age 17 enrolment)”.
After “claim for enrolment”, insert “(including a claim for age 17 enrolment)”.
Omit the subsection, substitute the following subsections:
“(6) A person who fails to comply with subsection (1), (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding $50.
“(6a) Subsection (6) does not apply to a person who fails to comply with subsection (5) if the person has not reached the age of 18 years.”.
Omit “provisional enrolment”, substitute “age 17 enrolment”.
Repeal the section.
Omit “the Schedule”, substitute “Schedule 1”.
Omit the subsection.
Omit “assistant presiding officers and poll clerks” substitute “deputy presiding officers and assistant presiding officers”.
Omit “assistant presiding officer or poll clerk” (wherever occurring), substitute “deputy presiding officer or assistant presiding officer”.
Omit “presiding officer”, substitute “presiding officer, deputy presiding officer”.
Omit “Any assistant”, substitute “Any deputy presiding officer or assistant”.
Add at the end the following subsections:
“(6) The Electoral Commission shall not appoint any deputy presiding officers for a polling place at which there will be fewer than 6 issuing points at any time during the hours of polling on polling day.
“(7) The polling booths and ballot-boxes provided for the purposes of an election may be used for the purposes of any other election, or of a referendum, held on the same day, but the ballot-papers for each election and the referendum shall be distinctively coloured.”.
Add at the end the following subsection:
“(2) Each ballot-box shall be capable of being securely fastened.”.
Omit “poll clerk and of any scrutineers who may be in attendance”, substitute “polling officials and scrutineers who are in attendance in the booth”.
Omit “poll clerk”, substitute “polling official”.
Omit “the poll clerk”, substitute “a polling official”.
Omit “274 (6) or (7)”, substitute “274 (7)”.
Omit “House of Representatives”, substitute “general”.
Omit the subsection.
Omit the subsection, substitute the following subsection:
“(2) In this section, ‘electoral paper’ includes a document in a prescribed or approved form or in a form in Schedule 1.”.
Omit “provisional claim for enrolment”, substitute “claim for age 17 enrolment”.
Omit “provisional claim for enrolment”, substitute “claim for age 17 enrolment”.
(a) Omit the heading, substitute “SCHEDULE 1”.
(b) Omit from Forms A and AA “By His Excellency’s Command”.
(c) Omit from Form B “By His Excellency’s Command” and all following words.
SCHEDULE 4 Section 159
NEW SCHEDULES 3 AND 4 TO THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984
––––––––
SCHEDULE 3 Sections 54 and 72
GROUNDS OF APPLICATION FOR POSTAL OR PRE-POLL VOTE
1. Throughout the hours of voting on voting day, the elector will be absent from the State or Territory for which the elector is enrolled.
2. The elector will not, at any time during the hours of voting on voting day, be within 8 kilometres by the nearest practicable route of a polling booth in the State or Territory for which the elector is enrolled.
3. Throughout the hours of voting on voting day, the elector will be travelling under conditions that will prevent the elector attending a polling booth in the State or Territory for which the elector is enrolled.
4. The elector will be unable to attend a polling booth on voting day because of:
(a) serious illness;
(b) infirmity; or
(c) recent or approaching childbirth.
(In the case of an elector who will be a patient at a hospital on voting day, this paragraph applies regardless of the operation of sections 48 and 49.)
5. On voting day, the elector will be unable to attend a polling booth because the elector will be at a place (other than a hospital) caring for a person who is seriously ill or infirm or who has recently given birth or is expected shortly to do so.
6. Throughout the hours of voting on voting day, the elector will be a patient at a hospital (other than a special hospital) and unable to vote at the hospital.
7. Throughout the hours of voting on voting day, the elector will be a patient at a special hospital but will be unable to have his or her vote taken under section 49.
8. Because of the elector’s religious beliefs or membership of a religious order, the elector:
(a) is precluded from attending a polling booth; or
(b) for the greater part of the hours of voting on voting day, is precluded from attending a polling booth.
9. On voting day, the elector will be serving a sentence of imprisonment or otherwise under detention.
10. The elector's address has been excluded from the Roll under section 104 of the
Commonwealth Electoral Act 1918. 11. Throughout the hours of voting on voting day, the elector will be engaged in his or her employment or occupation and:
(a) if the elector is an employee, the elector is not entitled to leave of absence under section 133; and
(b) in any other case, the absence of the elector for the purpose of attending at a polling booth to vote would be likely to cause loss to the elector in his or her occupation.
–––––––––
RULES FOR THE CONDUCT OF A PRELIMINARY SCRUTINY OF
DECLARATION VOTES
1. The DRO shall produce unopened all envelopes containing declaration votes of the kind to which the preliminary scrutiny relates received by the DRO:
(a) in the case of the first preliminary scrutiny—before the commencement of that scrutiny; and
(b) in the case of a subsequent preliminary scrutiny—after the commencement of the last preceding preliminary scrutiny and before the commencement of the subsequent preliminary scrutiny.
2. All written applications for postal votes not already dealt with at a preliminary scrutiny shall be produced at each preliminary scrutiny of postal votes.
3. The DRO shall compare the signature of the elector on each postal vote application with the signature on the relevant postal vote certificate and allow the scrutineers to inspect both signatures.
4. The DRO shall divide the envelopes being dealt with into groups, as follows:
(a) in one group, the envelopes that meet the requirements of paragraph 6;
(b) in another group, the envelopes that do not meet those requirements.
5. The DRO shall, without opening the envelopes, reject for further scrutiny the ballot-papers contained in envelopes that do not meet the requirements of paragraph 6.
6. An envelope meets the requirements of this paragraph if the DRO is satisfied:
(a) in the case of an envelope purporting to contain a postal ballot-paper, other than an envelope sent to an elector under paragraph 58 (2) (a), that the signature on the certificate is that of the elector and that the signature purports to be witnessed by an authorised witness;
(b) in the case of an envelope purporting to contain a pre-poll vote ballot- paper, that the certificate has been signed in accordance with section 73g and that the signature purports to be witnessed by the officer who issued the certificate;
(c) in the case of an envelope purporting to contain an absent vote ballot-paper or a provisional vote ballot-paper, that the declaration has been signed in accordance with section 46 or 37, or under subsection 36 (4), as the case
may be, and that the signature purports to be witnessed in accordance with that section or subsection, as the case requires;
(d) in the case of an envelope purporting to contain a ballot-paper recording a vote cast at a station in Antarctica, the envelope is signed in accordance with subsection 85 (1); and
(e) in the case of an envelope purporting to contain a postal ballot-paper, that the vote marked on the ballot-paper was recorded prior to the close of the voting.
7. Where the envelope purporting to contain a postal ballot-paper bears a postmark that includes a date after voting day, the vote marked on the ballot-paper shall be taken not to have been recorded prior to the close of voting.
8. An envelope purporting to contain an absent vote ballot-paper or a provisional vote ballot-paper shall not be regarded as failing to meet the requirements of paragraph 6 only because the declaration is not witnessed if the voter’s name appears on a record made under subsection 34 (2) or, if neither of those requirements is met, if the DRO is satisfied that the ballot-paper was properly issued.
9. The DRO shall seal up in a parcel the envelopes that do not meet the requirements of paragraph 6 and shall write on the parcel a description of its contents, the name of the Division and the date of the preliminary scrutiny.
10. The DRO shall divide the envelopes that meet the requirements of paragraph 6 into groups as follows:
(a) in one group, the envelopes bearing certificates or declarations by persons who are enrolled for the Division or whose claims for enrolment are claims to which subsection 102 (4a) of the
Commonwealth Electoral Act 1918 applies;(b) in another group the envelopes to which paragraph 11 applies;
(c) in another group, the envelopes bearing certificates or declarations by persons who are not enrolled for the Division but are enrolled for the State or Territory in which the Division is situated;
(d) in another group, the envelopes bearing certificates or declarations by persons who are not enrolled for the Division or for the State or Territory in which the Division is situated.
11. This paragraph applies to an envelope if the DRO is satisfied:
(a) that the elector who signed a certificate or declaration on the envelope is not enrolled for the Division; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled for the Division; and
(ii) that the omission of the elector’s name from the Roll for the Division was due to an error made by an officer or to a mistake of fact.
12. Subparagraph 11 (b) does not apply if:
(a) more than one election (excluding the election to which the scrutiny relates) has been held since the error or mistake was made; or
(b) where there has been a redistribution of the State or Territory that includes the Division since the last election but one before the election to which the scrutiny relates, the error or mistake was made before the last such redistribution.
13. In paragraph 12, “election” means:
(a) a general election for the House of Representatives;
(b) a Senate election not held concurrently with a general election for the House of Representatives; or
(c) a referendum not held concurrently with a general election.
14. The DRO shall, without opening the envelopes, reject for further scrutiny the ballot-papers contained in envelopes referred to in subparagraph 10 (d).
15. The DRO shall seal up in a parcel the envelopes referred to in subparagraph 10 (d) and shall write on the parcel a description of the contents, the name of the Division and the date.
16. The DRO shall, without unfolding or inspecting them or allowing any other person to do so, withdraw the ballot-papers from envelopes referred to in paragraph 10 that still remain in the preliminary scrutiny.
17. Ballot-papers withdrawn from envelopes referred to in subparagraph 10 (a) or (b) shall be placed in a ballot-box by themselves for further scrutiny.
18. Where a ballot-paper has been rejected for further scrutiny, the DRO shall send to the voter a written statement of the reason for the rejection.
–––––––––
SCHEDULE 5 Section 160
AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984 TO REMOVE GENDER-SPECIFIC LANGUAGE
NOTE: The reference in Column 1 of an item in this Schedule is to the section, subsection, paragraph or subparagraph of the Principal Act identified by the figure or figures, or the combination of figures and one or more letters, constituting the reference.
Column 1 | Column 2 | Column 3 |
Omit— | Substitute— | |
4 (1) | he | the elector |
5 (2) | his | the |
5 (3) | he resigns the appointment by writing signed by him and delivered to the Electoral Commission | the person delivers to the Electoral Commission a signed notice of resignation |
5 (4) | While a person is acting as Australian Electoral Officer for a Territory, he | A person acting as Australian Electoral Officer for a Territory |
5 (5) | (a) his (wherever occurring) | the |
(b) him | the person | |
6 (3) | him | the person |
13 | immediately after the receipt by him of | immediately after receiving |
21 (2) | (a) by writing under his hand | in writing |
(b) he | he or she | |
24 | (a) his | his or her |
(b) he (wherever occurring) | the elector | |
26 (1) | his | his or her |
26 (2) | initialled by him | so initialled |
27 (1) | him | him or her |
27 (2) | him | him or her |
27 (3) | him | him or her |
28 (1) | his | his or her |
28 (3) | (a) misconducts himself | is guilty of misconduct |
(b) him | the scrutineer | |
30 (5) (a) | to him | |
30 (5) | his | the person's |
31 (1) | to him pursuant to | under |
31 (2) | he | he or she |
31 (3) | to him | |
33 (1) (a) | (a) he (first occurring) | the person 'the person’s |
(b) his | ||
(c) he (second occurring) | he or she | |
33 (1) (b) | (a) he (first occurring) | the person |
(b) he (second occurring) | ||
34 (2) | (a) he | he or she |
(b) him | the presiding officer | |
34 (3) | he | he or she |
35 (a) | his | his or her |
35 (b) | his | his or her |
36 (1) | (a) his (first occurring) | his or her |
(b) he (first occurring) | the voter | |
(c) that he is (second occurring) | as to be | |
(d) for him | ||
36 (2) | for him | |
36 (3) | (a) his | the |
(b) him | the voter | |
41 (1) | (a) his (first occurring) | a |
(b) his (second occurring) | the | |
41 (2) | (a) his | a |
(b) him with a | the |
Column 1 | Column 2 | Column 3 |
Omit— | Substitute— | |
(c) he | he or she | |
45 (1) | record his | |
45 (2) | (a) Each Divisional Returning Officer | The Divisional Returning Officer for a Division |
(b) his | the | |
45 (3) | him | the elector |
45 (5) | (a) he | he or she |
(b) him | the elector | |
45 (6) | (a) his (first occurring) | |
(b) his (second occurring) | his or her | |
45 (7) | (a) Where a Divisional Returning Officer | A Divisional Returning Officer who |
(b), he | ||
(c) his | the officer’s | |
(d) him | the elector | |
45 (8) | he | the officer |
45 (10) | under his hand | in writing |
45 (11) (c) | his | his or her |
46 (1) | he (wherever occurring) | he or she |
46 (3) | he | he or she |
46 (4) | Where an elector votes as an absent voter, he shall mark and fold his | An elector who votes as an absent voter shall mark and fold the |
46 (6) (c) | delivered or to be delivered to him | |
46 (7) (a) | (a) by him | by him or her |
(b) by him | from Assistant Returning Officers | |
48 (2) | him | the presiding officer |
49 (4) | him | the electoral visitor |
49 (7) | him | the visitor |
49 (8) | (a) he | the visitor |
(b) him | the visitor | |
50 (3) (b) | (a) his (first occurring) | his or her |
(b) his (second occurring) | the | |
51 (6) | if he does so | in that event |
51 (6) (a) | he thinks | he or she thinks |
51 (8) (b) | his | his or her |
51 (9) | him | the leader |
51 (10) | (a) he | the leader |
(b) his | his or her | |
(c) him | the leader | |
74 (2) | he | he or she |
81 | he | the person |
82 | by him | by the Officer |
85 (1) (d) | indorse the envelope with his signature | sign the envelope |
86 (1) | (a) him (first occurring) | the Officer |
(b) prepared by him and used for voting in Antarctica | used for voting at the station | |
89 (2) | him | the Governor-General |
89 (3) | him | the Governor |
89 (4) | him | the Administrator |
91 (1) (e) | him | the Officer |
91 (l) (f) | him | the Officer |
92 (1) | his | his or her |
93 (3) | his | his or her |
93 (8) | his | that |
95 (1) | if he thinks fit. | |
95 (2) | his | his or her |
96 (2) | for his decision pursuant to | under |
97 | his | the |
98 (1) | he receives | receiving |
Column 1 | Column 2 | Column 3 |
Omit— | Substitute— | |
109 | he (first occurring) | he or she |
109 (a) | (a) he (first occurring) | the witness |
(b) he (second occurring) | he or she | |
109 (b) | (a) he (first occurring) | he or she |
(b) he (second occurring) | he or she | |
114 (1) | he | he or she |
116 | (a) him | the person |
(b) his (wherever occurring) | ||
117 (b) | him | him or her |
119 (1) | himself | the person |
122 (1) | his vote | a vote |
122 (3) | his | his or her |
122 (5) | (a) he | he or she |
(b) his vote | a vote | |
127 (1) | with his personal signature | in his or her own handwriting |
127 (2) | (a) his (first occurring) | his or her |
(b) his (second occurring) | a | |
(c) his (third occurring) | his or her | |
(d) his (fourth occurring) | his or her | |
127 (3) | (a) his (first occurring) | his or her |
(b) him to sign the referendum paper in his own handwriting | that the referendum paper be signed in the person's own handwriting | |
128 (1) (a) | his name as witness on | as witness |
128 (1) (b) | his name as witness on | as witness |
128 (1) (c) | (a) his name as witness on | as witness |
(b) he (first occurring) | the person | |
(c) he (second occurring) | he or she | |
128 (1) (d) | his own (wherever occurring) | his or her own |
130 (1) (f) | unless he is authorized | without authority |
130 (1) (j) | his | his or her |
131 (2) (b) | him | the Divisional Returning Officer |
133 (1) | (a) his employer | his or her employer |
(b) he requires | the employee requires | |
(c) allow him leave | allow the employee leave | |
133 (2) | he | he or she |
133 (3) | he | he or she |
138 (1) | (a) signed by him | the powers of the Electoral Commissioner |
(b) his powers |
SCHEDULE 6 Section 161
MINOR AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984
Omit “assistant presiding officers and poll clerks”, substitute “deputy presiding officers and assistant presiding officers”.
Omit “assistant presiding officer or poll clerk” (wherever occurring), substitute “deputy presiding officer or assistant presiding officer”.
Omit “presiding officer or an”, substitute “presiding officer, deputy presiding officer or”.
Omit “An assistant”, substitute “A deputy presiding officer or assistant”.
Add at the end the following subsections:
“(6) The Electoral Commission shall not appoint any deputy presiding officers for a polling place at which fewer than 6 persons will be engaged, at any time during the hours of voting on voting day, in issuing ballot-papers to electors.
“(7) The polling booths and ballot-boxes provided for the purposes of a referendum may be used for the purposes of an election held on the same day, but the ballot-papers for the election and the referendum shall be distinctively coloured.”.
Add at the end the following subsection:
“(2) Each ballot-box shall be capable of being securely fastened.”.
Omit “presiding officer, assistant presiding officer, substitute presiding officer or poll clerk” (wherever occurring), substitute “presiding officer, deputy presiding officer, substitute presiding officer or assistant presiding officer”.
Omit “the poll clerk”, substitute “a polling official”.
(a) Omit “sections 38 and 39”, substitute “section 37”.
(b) Omit “poll clerk”, substitute “polling official”.
Omit “poll clerk”, substitute “polling official”.
Omit all words after “certified by him,”, substitute “in accordance with section 46a”.
(a) Omit “37 (1)”, substitute “37 (2)”.
(b) Add at the end “and”.
Omit the paragraphs.
Omit “the poll clerk”, substitute “a polling official”.
Omit “Attorney-General of the several States”, substitute Attorneys-General of the several States”.
Omit “thereof at the times”, substitute “at the time”.
1. No. 27, 1918. For previous amendments, see No. 31, 1919; No. 14, 1921; No. 14, 1922; No. 10, 1924; No. 20, 1925; No. 17, 1928; No. 2, 1929; No. 9, 1934; No. 19, 1940; No. 42, 1946; No. 17, 1948; Nos. 10 and 47, 1949; No. 106, 1952; No. 79, 1953; No. 26, 1961; No. 31, 1962; Nos. 48 and 70, 1965; Nos. 32 and 93, 1966; No. 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 38, 1974; No. 56, 1975; Nos. 14 and 116, 1977; No. 19, 1979; Nos. 102 and 155, 1980; No. 176, 1981 (as amended by No. 26, 1982); No. 80, 1982; Nos. 39, 84 and 144, 1983; Nos. 45, 46, 120 and 133, 1984; Nos. 67, 166 and 193, 1985; and Nos. 35, 141 and 184, 1987.
2. No. 44, 1984, as amended. For previous amendments, see Nos. 120 and 133, 1984; No. 67, 1985; and Nos. 77 and 81, 1988.
[
Senate on 29 April 1988
House of Representatives on 22 December 1989
0
0
0