Electoral and Referendum Amendment (Maintaining Address) Act 2012
No. 110, 2012
An Act to amend the law relating to elections and referendums, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Requiring information for Rolls
Commonwealth Electoral Act 1918
Schedule 2—Updating enrolment without claim
Commonwealth Electoral Act 1918
Referendum (Machinery Provisions) Act 1984
Electoral and Referendum Amendment (Maintaining Address) Act 2012
No. 110, 2012
An Act to amend the law relating to elections and referendums, and for related purposes
[Assented to 24 July 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Electoral and Referendum Amendment (Maintaining Address) Act 2012.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Requiring information for Rolls
Commonwealth Electoral Act 1918
1 Subsection 28(4) (paragraph (a) of the definition of enrolment powers and functions)
Omit “and 87”, substitute “, 87 and 92”.
2 Subsection 92(1)
Omit “Electoral Commission” (first occurring), substitute “Electoral Commissioner”.
3 Subsection 92(1)
Omit “its”, substitute “the Electoral Commissioner’s”.
4 Subsection 92(1)
Omit “Electoral Commission” (second occurring), substitute “Electoral Commissioner”.
5 Subsections 92(2) and (3)
Omit “Electoral Commission”, substitute “Electoral Commissioner”.
6 Subsection 92(3)
Omit “it”, substitute “him or her”.
7 Subsection 92(7)
Omit “Electoral Commission”, substitute “Electoral Commissioner”.
8 Subsection 92(7)
Omit “the Commission”, substitute “the Electoral Commissioner”.
9 Subsection 92(8)
Omit “Electoral Commission”, substitute “Electoral Commissioner”.
Schedule 2—Updating enrolment without claim
Commonwealth Electoral Act 1918
1 Section 87
After “claims or notifications received”, insert “, and action taken under section 103A,”.
2 At the end of section 101
Add:
(8) If the Electoral Commissioner enters a person’s name or address in a Roll under section 103A, proceedings must not be instituted against the person for an offence against subsection (1), (4), (5) or (6) of this section constituted by an omission occurring before that entry.
3 After section 103
Insert:
103A Updating or transferring a person’s enrolment without claim or notice from the person
Application
(1) This section applies if the Electoral Commissioner:
(a) is satisfied that a person’s address is entered on a Roll (the old Roll); and
(b) is satisfied, for reasons other than a claim under section 98 and a notice under subsection 101(5), that the person lives at another address (the new address).
Notice of proposed action to update or transfer enrolment
(2) The Electoral Commissioner may give the person a notice in writing setting out the date of the notice, the new address and the fact that the Electoral Commissioner is satisfied that the person lives at the new address and stating:
(a) if the person’s residence at the new address entitles the person to have…
Overview
The Electoral and Referendum Amendment (Maintaining Address) Act 2012 was enacted by the Parliament of Australia to amend the law relating to elections and referendums, specifically addressing the issue of maintaining accurate voter address information on electoral rolls. This Act was introduced to ensure that the electoral rolls remain up-to-date and reflect the current residences of enrolled voters. The primary policy objective of this Act is to facilitate the updating of voter addresses without requiring a formal claim from the voter, thereby maintaining the integrity and accuracy of the electoral rolls. The Act amends the Commonwealth Electoral Act 1918 by introducing provisions that allow the Electoral Commissioner to update or transfer a person's enrolment based on information other than a formal claim or notice from the voter. This is intended to prevent voter disenfranchisement due to outdated address information and to streamline the enrolment process.
Scope and Application
The Electoral and Referendum Amendment (Maintaining Address) Act 2012 amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to update and maintain the accuracy of electoral rolls by allowing the Electoral Commissioner to update or transfer a person's enrolment without a claim or notification from the person. This Act applies to all persons eligible to be enrolled to vote in Commonwealth elections and referendums, as well as to the Electoral Commissioner, who is responsible for managing the enrolment process. The provisions of this Act extend to the entire Commonwealth of Australia and apply to all federal elections and referendums. The Act does not specify any exclusions, exemptions, or thresholds; however, it does include provisions to prevent enrolment updates or transfers from occurring within specific periods before an election to ensure the integrity of the electoral process. The Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, issued by the Electoral Commissioner or relevant authorities.
Key Provisions
- The main operative sections of the Electoral and Referendum Amendment (Maintaining Address) Act 2012 focus on amending the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. Section 1 provides the title of the Act, and Section 2 stipulates that the Act commences the day after receiving Royal Assent. The Schedules to the Act detail the specific amendments to the existing Acts. Schedule 1 modifies the Commonwealth Electoral Act 1918 by adding subsection 92, which grants the Electoral Commissioner the authority to update or transfer a person's enrolment without their claim or notification. It also adjusts references to the Electoral Commissioner throughout the Act. Schedule 2 further amends the Commonwealth Electoral Act 1918 to include a new section 103A, which outlines the process for updating or transferring a person’s enrolment without their claim or notice from the person, and adds provisions related to the notice and action taken by the Electoral Commissioner.
- The Act imposes several obligations on the Electoral Commissioner. The Electoral Commissioner must give a written notice to the person detailing the proposed action to update or transfer their enrolment if they are satisfied that the person's address is incorrect. This notice must include the new address, the proposed action, and the timeframe for the person to object to the proposed action. The Electoral Commissioner must not take the proposed action if the person provides satisfactory information within 28 days that they do not live at the new address. If the proposed action is taken, or if it is decided not to take the action, the Electoral Commissioner must notify the person in writing. Additionally, the Electoral Commissioner must dismiss objections to enrolment if the person has been notified under section 103A, and must not determine certain objections if the person is notified under section 103A after the objection has been made.
- The Act includes specific consequences for breaches and non-compliance. Under the Commonwealth Electoral Act 1918, if the Electoral Commissioner enters a person’s name or address in a Roll under section 103A, proceedings cannot be instituted against the person for an offence constituted by an omission occurring before that entry. Furthermore, the Electoral Commissioner must not update or transfer enrolment during the suspension period as stipulated in the Referendum (Machinery Provisions) Act 1984. Failure to adhere to these provisions could result in legal consequences, including potential civil or criminal penalties as outlined in the respective Acts. The specific penalties are not detailed in this Act but would be governed by the provisions of the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984.
- Area of Law
- Electoral Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Licensing & Registration
- Enforcement Powers