Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010 (Cth)

Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010

Act No. 110 of 2010 as amended

This compilation was prepared on 4 April 2011

taking into account amendments up to Act No. 5 of 2011

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to amend the law relating to elections and referendums, and for related purposes

1Short title [see Note 1]

This Act may be cited as the Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	14 July 2010
2. Schedule 1, Part 1	The day after this Act receives the Royal Assent.	15 July 2010
3. Schedule 1, Part 2	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 1 to the Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	15 July 2010
4. Schedules 2 and 3	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 2 to the Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	19 July 2010 (paragraph (b) applies)
5. Schedule 4, Part 1	The day after this Act receives the Royal Assent.	15 July 2010
6. Schedule 4, Part 2, Division 1	The day after this Act receives the Royal Assent.	15 July 2010
7. Schedule 4, Part 2, Division 2	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 1 to the Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	15 July 2010
8. Schedule 4, Part 3	The day after this Act receives the Royal Assent.	15 July 2010
9. Schedule 5	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	23 July 2010 (see F2010L02128)
10. Schedule 6, Part 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	14 January 2011
12. Schedule 7	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	23 July 2010 (see F2010L02128)
13. Schedules 8 and 9	The day after this Act receives the Royal Assent.	15 July 2010

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(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.

4Regulations

The Governor‑General may make regulations of a transitional, application or saving nature in relation to the amendments and repeals made by this Act.

Schedule 1Publishing forms and information about places to votePart 1Amendments commencing on the day after Royal Assent is given

Commonwealth Electoral Act 1918

1

Subsection 4(1) (definition of Approved)

Repeal the definition.

2

Subsection 4(1)

Insert:

approved form means a form that:

1. (a)

   is approved by the Electoral Commissioner in writing; and

2. (b)

   has been published by the Electoral Commissioner.

Example: An approved form might have been published by the Electoral Commissioner on the Electoral Commission’s website.

3

Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an approved form for any purpose of the Commonwealth Electoral Act 1918 continues to be an approved form for that purpose until another form becomes an approved form (as defined in subsection 4(1) of that Act as amended by this Part) for that purpose.

4

Section 37

Repeal the section.

5

Subsection 80(1)

Omit “Commission may, by notice published in the Gazette:”, substitute “Commissioner may in writing:”.

6

Paragraph 80(1)(a)

Omit “it”, substitute “he or she”.

7

After subsection 80(2)

Insert:

1. (2A)

   The Electoral Commissioner must cause to be published, on the Electoral Commission’s website and in any other way he or she considers appropriate, notice of an appointment, declaration or abolition made under subsection (1).

2. (2B)

   Failure to publish notice of an appointment, declaration or abolition made under subsection (1), as required by subsection (2A), does not affect the validity of the appointment, declaration or abolition.

8

Subsection 80(3)

Omit “Commission”, substitute “Commissioner”.

9

Saving provision for polling places

The amendments of section 80 of the Commonwealth Electoral Act 1918 made by this Part do not affect the appointment of a polling place under that section that was made before the commencement of this Part.

10

Subsection 200BA(1)

Omit “Commission”, substitute “Commissioner”.

11

Subsection 200BA(2)

Omit “Commission” (first and second occurring), substitute “Commissioner”.

12

Paragraph 200BA(2)(a)

Omit “in the Gazette”, substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

13

Paragraph 200BA(2)(b)

Omit “Commission”, substitute “Commissioner”.

14

Paragraph 200BA(2)(b)

Omit “in the Gazette” (wherever occurring), substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

15

Subsection 200BA(3)

Omit “Commission”, substitute “Commissioner”.

16

Paragraph 200BA(3)(b)

Omit “if it”, substitute “if the Electoral Commissioner”.

17

At the end of section 200BA

Add:

1. (5)

   Failure to publish in accordance with this section a copy of a declaration made under subsection (1) does not affect the validity of the declaration.

18

Saving provision for pre‑poll voting offices

The amendments of section 200BA of the Commonwealth Electoral Act 1918 made by this Part do not affect the declaration of a place as a pre‑poll voting office under that section that was made before the commencement of this Part.

Referendum (Machinery Provisions) Act 1984

19

Subsection 3(1) (definition of approved)

Repeal the definition.

20

Subsection 3(1)

Insert:

approved form means a form that:

1. (a)

   is approved by the Electoral Commissioner in writing; and

2. (b)

   has been published by the Electoral Commissioner.

Example: An approved form might have been published by the Electoral Commissioner on the Electoral Commission’s website.

21

Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an approved form for any purpose of the Referendum (Machinery Provisions) Act 1984 continues to be an approved form for that purpose until another form becomes an approved form (as defined in subsection 3(1) of that Act as amended by this Part) for that purpose.

22

Subsection 16(2)

Omit “Commission”, substitute “Commissioner”.

23

Subsection 16(3)

Omit “Commission”, substitute “Commissioner”.

24

Subsection 73AA(1)

Omit “Commission”, substitute “Commissioner”.

25

Subsection 73AA(2)

Omit “Commission” (first and second occurring), substitute “Commissioner”.

26

Paragraph 73AA(2)(a)

Omit “in the Gazette”, substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

27

Paragraph 73AA(2)(b)

Omit “Commission”, substitute “Commissioner”.

28

Paragraph 73AA(2)(b)

Omit “in the Gazette” (wherever occurring), substitute “, on the Electoral Commission’s website and in any other way the Electoral Commissioner considers appropriate,”.

29

Subsection 73AA(3)

Omit “Commission” (wherever occurring), substitute “Commissioner”.

30

Paragraph 73AA(3)(b)

Omit “if it”, substitute “if the Electoral Commissioner”.

31

After subsection 73AA(4)

Insert:

1. (4A)

   Failure to publish in accordance with this section a copy of a declaration made under subsection (1) does not affect the validity of the declaration.

32

Saving provision for pre‑poll voting offices

The amendments of section 73AA of the Referendum (Machinery Provisions) Act 1984 made by this Part do not affect the declaration of a place as a pre‑poll voting office under that section that was made before the commencement of this Part.

33

Paragraph 73C(a)

Omit “Commission”, substitute “Commissioner”.

Part 2Amendments with contingent commencement

Commonwealth Electoral Act 1918

34

Subsection 200BA(1A)

Omit “Commission”, substitute “Commissioner”.

35

Subsection 200BA(3A)

Repeal the subsection, substitute:

1. (3A)

   If the Electoral Commissioner makes a declaration under subsection (1A), he or she must cause a copy of the declaration to be published on the Electoral Commission’s website and in any other way he or she considers appropriate.

36

Subsection 200BA(5)

After “subsection (1)”, insert “or (1A)”.

Referendum (Machinery Provisions) Act 1984

37

Subsection 73AA(1A)

Omit “Commission”, substitute “Commissioner”.

38

Subsection 73AA(3A)

Repeal the subsection, substitute:

1. (3A)

   If the Electoral Commissioner makes a declaration under subsection (1A), he or she must cause a copy of the declaration to be published on the Electoral Commission’s website and in any other way he or she considers appropriate.

39

Subsection 73AA(4A)

After “subsection (1)”, insert “or (1A)”.

Schedule 2Evidence of identity for enrolmentPart 1Amendments

Commonwealth Electoral Act 1918

1

Subsections 94A(2), (2AA), (2AB) and (2A)

Repeal the subsections, substitute:

1. (2)

   An application:

   1. (a)

      must be in the approved form; and

   2. (b)

      must be signed by the applicant; and

   3. (c)

      must be made within 3 years of the day on which the applicant ceased to reside in Australia; and

   4. (d)

      must comply with section 98AA (evidence of identity requirements).

2

Paragraph 94A(5)(aa)

Repeal the paragraph.

3

Subsections 95(2), (2AA), (2AB) and (2A)

Repeal the subsections, substitute:

1. (2)

   An application:

   1. (a)

      must be in the approved form; and

   2. (b)

      must be signed by the applicant; and

   3. (c)

      must comply with section 98AA (evidence of identity requirements).

4

Paragraph 95(5)(b)

Repeal the paragraph.

5

Subsections 96(2), (2AA) and (2AB)

Repeal the subsections, substitute:

1. (2)

   An application:

   1. (a)

      must be in the approved form; and

   2. (b)

      must be signed by the applicant; and

   3. (c)

      must comply with section 98AA (evidence of identity requirements), if that section applies to the application.

6

Section 98AA

Repeal the section, substitute:

98AAEvidence of identity requirements

1. (1)

   This section applies to:

   1. (a)

      an application or claim that a person makes under section 94A, 95 or 99A; or

   2. (b)

      an application or claim that a person makes under section 96 or 98, if:

      1. (i)

         the person is not already enrolled; or

      2. (ii)

         the person is already enrolled, but the person’s name is no longer the same as the name under which he or she is enrolled.

2. (2)

   The person’s claim or application must include or be accompanied by any of the following:

   1. (a)

      if the person holds a driver’s licence issued under the law of a State or Territory—the number of that driver’s licence;

   2. (b)

      if the person holds an Australian passport—the number of that Australian passport;

   3. (c)

      an attestation as to the person’s identity that is:

      1. (i)

         in the approved form; and

      2. (ii)

         signed by another person who is enrolled;

   4. (d)

      any other evidence of the person’s identity that is of a kind prescribed by the regulations for the purpose of this paragraph.

7

Subsections 98(2), (2AA) and (2AB)

Repeal the subsections, substitute:

1. (2)

   A claim:

   1. (a)

      must be in the approved form; and

   2. (b)

      subject to subsection (3), must be signed by the claimant; and

   3. (c)

      must comply with section 98AA (evidence of identity requirements), if that section applies to the claim.

8

Subsections 99A(4), (4A) and (4B)

Repeal the subsections, substitute:

1. (4)

   A claim:

   1. (a)

      must be in the approved form; and

   2. (b)

      subject to subsection (5), must be signed by the claimant; and

   3. (c)

      must be lodged:

      1. (i)

         if the claim is made under subsection (1)—together with the claimant’s application to become an Australian citizen; or

      2. (ii)

         if the claim is made under subsection (2)—with the Electoral Commissioner; and

   4. (d)

      must comply with section 98AA (evidence of identity requirements).

9

Paragraph 99A(6)(a)

Omit “(4)(d)(i)”, substitute “(4)(c)(i)”.

10

Before subparagraph 382(8)(b)(i)

Insert:

1. (ia)

   the requirement in subparagraph 98AA(2)(c)(ii);

Part 2Application of amendments etc.

11

Application of amendments

The amendments made by this Schedule apply in relation to claims and applications made on or after the commencement of this Schedule.

12

Saving provision for approved forms

(1) In this item:

enrolment claim subsection means any of the following provisions of the Commonwealth Electoral Act 1918:

1. (a)

   subsection 94A(2);

2. (b)

   subsection 95(2);

3. (c)

   subsection 96(2);

4. (d)

   subsection 98(2);

5. (e)

   subsection 99A(4).

(2) A form that, immediately before the commencement of this Schedule, was an approved form for the purpose of an enrolment claim subsection as in force immediately before that commencement continues to be an approved form for the purpose of that subsection as in force after that commencement, until another form becomes an approved form for the purpose of that subsection.

Schedule 3Age 16 enrolmentPart 1Amendments

Commonwealth Electoral Act 1918

1

Subsection 4(3)

Omit “age 17”, substitute “age 16”.

2

Subsections 98(1) and (3)

Omit “age 17”, substitute “age 16”.

3

Paragraph 100(1)(a)

Omit “17 years”, substitute “16 years”.

Note: The heading to section 100 is altered by omitting “age 17” and substituting “age 16”.

4

Paragraph 108(a)

Omit “17 years”, substitute “16 years”.

5

Paragraph 120(1)(a)

Omit “age 17”, substitute “age 16”.

6

Paragraph 121(1)(c)

Omit “age 17”, substitute “age 16”.

7

Section 342

Omit “age 17”, substitute “age 16”.

8

Subsection 343(1)

Omit “age 17”, substitute “age 16”.

Part 2Application of amendments

9

Application of amendments

(1) The amendments made by items 2, 3, 5, 6, 7 and 8 apply in relation to claims made on or after the commencement of this Schedule.

(2) The amendment made by item 4 applies in relation to lists required to be forwarded after the commencement of this Schedule.

Schedule 4Electoral rolls, related lists and ballot papersPart 1Printed and electronic copies of rolls etc.

Commonwealth Electoral Act 1918

1

Section 89

Repeal the section.

2

Subsection 90B(1) (cell at table item 2, column headed “Information to be given”)

Repeal the cell, substitute:

a copy of the Roll for each State and Territory

1. 3

   Subsection 90B(1) (cell at table item 8, column headed “Information to be given”)

   Repeal the cell, substitute:

3 copies of the Roll for the State or Territory

1. 4

   Subsection 90B(1) (cell at table item 12, column headed “Information to be given”)

   Repeal the cell, substitute:

3 copies of the Roll for the Division for which the member is elected

5

After subsection 90B(3)

Insert:

Giving parliamentarians electronic copies on request

1. (3A)

   On request by the Senator or member of the House of Representatives to whom item 7, 9, 11 or 13 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:

   1. (a)

      a single electronic copy of the relevant certified list; and

   2. (b)

      if the Senator or member requests 1 or 2 other copies of the list, that number of other copies of the list.

2. (3B)

   On request by the Senator or member of the House of Representatives to whom item 8 or 12 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:

   1. (a)

      a single electronic copy of the relevant Roll; and

   2. (b)

      if the Senator or member requests 1 or 2 other copies of that Roll, that number of other copies of that Roll.

3. (3C)

   On request by the Senator or member of the House of Representatives to whom item 10, 14 or 15 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member an electronic copy of the relevant Roll.

4. (3D)

   Subsections (3A), (3B) and (3C) do not limit the operation of subsections 90(1) and (2) or the Electronic Transactions Act 1999 in relation to subsection (1) of this section.

Part 2Electronic lists of votersDivision 1Amendments commencing on the day after Royal Assent is given

Commonwealth Electoral Act 1918

6

Subsection 4(1)

Insert:

approved list of voters for a Division means a list in electronic form that:

1. (a)

   contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and

2. (b)

   is approved by the Electoral Commissioner for use in connection with voting under this Act.

7

At the end of paragraph 203(1)(b)

Add “and approved lists of voters”.

8

After section 208

Insert:

208AApproved list of voters

1. (1)

   The Electoral Commissioner may arrange for the preparation of an approved list of voters for a Division.

2. (2)

   If the Electoral Commissioner thinks an approved list of voters for a Division should be available for an officer to use in connection with voting under this Act, the Electoral Commissioner must arrange for the list to be made available to the officer in time for that use.

9

Subsection 229(4)

After “certified list of voters”, insert “or an approved list of voters for the relevant Division”.

10

Section 230

After “certified list of voters”, insert “or an approved list of voters”.

11

Paragraph 231(1)(a)

After “certified list of voters”, insert “or an approved list of voters”.

12

Subsection 232(1)

Repeal the subsection, substitute:

1. (1)

   Immediately after handing a ballot paper to a person whose name is on the certified list of voters, or an approved list of voters, available at a polling place, the presiding officer or a polling official at the place must:

   1. (a)

      place a mark against the person’s name on the certified list; or

   2. (b)

      record electronically against the approved list the fact that the person has been handed a ballot paper.

13

Paragraphs 235(1)(a), (b) and (c)

After “certified list of voters”, insert “, or an approved list of voters,”.

14

Paragraph 235(1)(d)

After “certified list of voters”, insert “, or a record against an approved list of voters,”.

15

Subsection 285(1)

Omit “, or certified list of voters,”, substitute “, certified list of voters or approved list of voters”.

16

After paragraph 393A(1)(b)

Insert:

1. (ba)

   approved lists of voters; and

17

Subsections 393A(4) and (5)

After “electoral documents”, insert “(except approved lists of voters)”.

Referendum (Machinery Provisions) Act 1984

18

Subsection 3(1)

Insert:

approved list of voters for a Division means a list in electronic form that:

1. (a)

   contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and

2. (b)

   is approved by the Electoral Commissioner for use in connection with voting under this Act.

19

At the end of paragraph 17(1)(b)

Add “and approved lists of voters”.

20

After section 22

Insert:

22AApproved list of voters

1. (1)

   The Electoral Commissioner may arrange for the preparation of an approved list of voters for a Division.

2. (2)

   If the Electoral Commissioner thinks an approved list of voters for a Division should be available for an officer to use in connection with voting under this Act, the Electoral Commissioner must arrange for the list to be made available to the officer in time for that use.

21

Paragraph 23(c)

After “certified lists of voters”, insert “and approved lists of voters”.

22

Subsection 30(4)

After “certified list of voters”, insert “or an approved list of voters for the relevant Division”.

23

Paragraph 32(1)(a)

Omit “or from a certified list of voters”, substitute “, a certified list of voters or an approved list of voters”.

24

Paragraph 32(1)(b)

Omit “or in a certified list of voters”, substitute “, a certified list of voters or an approved list of voters”.

25

Paragraph 33(1)(a)

After “certified list of voters”, insert “or an approved list of voters”.

26

Subsection 34(1)

Repeal the subsection, substitute:

1. (1)

   Immediately after handing a ballot paper to a person who claims to vote at a polling place and whose name is on the certified list of voters, or an approved list of voters, available at the polling place, the presiding officer or a polling official at the polling place must:

   1. (a)

      place a mark against the person’s name on the certified list; or

   2. (b)

      record electronically against the approved list the fact that the person has been handed a ballot paper.

27

Subsection 34(3)

Repeal the subsection, substitute:

1. (3)

   If the voting day for a referendum is the same as that fixed for the polling at an election:

   1. (a)

      the requirement in subsection (1) of this section is taken to have been met in relation to a person if the requirement in subsection 232(1) of the Commonwealth Electoral Act 1918 has been met in relation to the person; and

   2. (b)

      the requirements in subsection (2) of this section are taken to have been met in relation to a person if the requirements in subsection 232(2) of the Commonwealth Electoral Act 1918 have been met in relation to the person.

28

Paragraphs 37(1)(a), (b) and (c)

After “certified list of voters”, insert “, or an approved list of voters,”.

29

Paragraph 37(1)(d)

After “certified list of voters”, insert “, or a record against an approved list of voters,”.

30

After paragraph 142A(1)(b)

Insert:

1. (ba)

   approved lists of voters; and

31

Subsections 142A(3) and (4)

After “referendum documents”, insert “(except approved lists of voters)”.

Division 2Amendments with contingent commencement

Commonwealth Electoral Act 1918

32

At the end of subsection 200DD(4)

Add “or an approved list of voters for the Division is available to an officer at the place (see subsection 208A(2))”.

33

Paragraph 200DG(1)(b)

After “certified list of voters”, insert “, or on an approved list of voters,”.

34

Paragraph 200DG(1)(b)

After “delivered to”, insert “, or is available to an officer at,”.

35

Paragraphs 200DG(2)(c) and (d)

After “certified list of voters”, insert “, or on an approved list of voters,”.

36

Paragraph 200DG(2)(e)

After “certified list of voters”, insert “, or a record against an approved list of voters,”.

37

Subsection 200DI(2)

After “certified list of voters”, insert “, or on an approved list of voters,”.

38

Subsection 200DJ(3)

Repeal the subsection, substitute:

1. (3)

   Immediately after giving the ballot paper to the voter, the issuing officer must:

   1. (a)

      place a mark against the person’s name on a copy of the certified list of voters for the voter’s Division; or

   2. (b)

      record electronically against an approved list of voters for the voter’s Division the fact that the voter has been given a ballot paper.

Referendum (Machinery Provisions) Act 1984

39

At the end of subsection 73CD(4)

Add “or an approved list of voters for the Division is available to an officer at the place (see subsection 22A(2))”.

40

Paragraph 73CG(1)(b)

After “certified list of voters”, insert “, or on an approved list of voters,”.

41

Paragraph 73CG(1)(b)

After “delivered to”, insert “, or is available to an officer at,”.

42

Paragraphs 73CG(2)(c) and (d)

After “certified list of voters”, insert “, or on an approved list of voters,”.

43

Paragraph 73CG(2)(e)

After “certified list of voters”, insert “, or a record against an approved list of voters,”.

44

Subsection 73CI(2)

After “certified list of voters”, insert “, or on an approved list of voters,”.

45

Subsection 73CJ(3)

Repeal the subsection, substitute:

1. (3)

   Immediately after giving the ballot paper to the voter, the issuing officer must:

   1. (a)

      place a mark against the person’s name on a copy of the certified list of voters for the voter’s Division; or

   2. (b)

      record electronically against an approved list of voters for the voter’s Division the fact that the voter has been given a ballot paper.

Part 3Ballot papers

Commonwealth Electoral Act 1918

46

Paragraph 209A(b)

Repeal the paragraph, substitute:

1. (b)

   a feature of the ballot paper approved by the Electoral Commissioner.

47

At the end of subsection 268(2)

Add “and the officer has endorsed the ballot paper with the words ‘I am satisfied that this ballot paper is an authentic ballot paper on which a voter has marked a vote.’”.

Referendum (Machinery Provisions) Act 1984

48

Paragraph 25A(b)

Repeal the paragraph, substitute:

1. (b)

   a feature of the ballot paper approved by the Electoral Commissioner.

49

At the end of subsection 93(3)

Add “and the officer has endorsed the ballot paper with the words ‘I am satisfied that this ballot paper is an authentic ballot paper on which a voter has marked a vote.’”.

Schedule 5Mobile pollingPart 1Amendments

Commonwealth Electoral Act 1918

1

Subsection 4(1) (definition of officer)

Omit “an electoral visitor,”.

2

Subsection 4(1) (definition of Special hospital)

Repeal the definition.

3

Subparagraph 184A(2)(b)(i)

Omit “a special hospital or”.

4

Paragraph 194(2)(f)

Repeal the paragraph.

5

Paragraph 194(2)(g)

Omit “station”, substitute “place”.

6

Subsection 195A(1) (paragraph (d) of the definition of officer)

Repeal the paragraph.

7

Subsection 195A(1) (definition of presiding officer)

Omit “an electoral visitor or”, substitute “a”.

8

Subsection 195A(3) (table item 4)

Repeal the item.

9

Subsection 195A(5)

Omit “an electoral visitor or”.

10

Paragraph 195A(5)(b)

Omit “whichever of subsections 225(8), 226A(7) and 227(10) is applicable”, substitute “subsection 227(10)”.

11

Paragraph 195A(5)(c)

Omit “electoral visitor or”.

12

Paragraph 202A(2)(k)

Repeal the paragraph.

13

Section 223

Omit “, 225”.

Note: The heading to section 224 is altered by omitting “Mobile booths—hospitals” and substituting “Hospitals”.

14

Section 225

Repeal the section.

15

Subsection 226(1)

Omit “or 225”.

Note: The heading to section 226 is altered by omitting “sections 224 and 225” and substituting “section 224”.

16

Subsection 226(1)

Omit “or electoral visitor, as the case may be,”.

17

Subsection 226(2)

Omit “or 225”.

18

Subsection 226(2A)

Omit “or electoral visitor”.

19

Subsection 226(2A)

Omit “or 225”.

20

Subsection 226(3)

Omit “or electoral visitor”.

21

Subsection 226(3)

Omit “or 225”.

22

Subsection 226(4)

Omit “section 224 or 225”, substitute “section 224”.

23

Subsection 226(4)

Omit “or 225(4A)”.

24

Subsection 226(5A)

Repeal the subsection.

25

Subsection 226(6)

Omit “or 225”.

26

Subsections 226(7A) to (7C)

Repeal the subsections.

27

Subsection 226(8)

Omit “or 225”.

28

Subsection 226(8)

Omit “(7A) or (7C),”.

29

Section 226A

Repeal the section.

30

Subsection 227(1) (definition of station)

Repeal the definition.

Note: The heading to section 227 is replaced by the heading “Mobile booths”.

31

Subsection 227(2)

Omit “Commission”, substitute “Commissioner”.

32

Subsection 227(3)

Omit “In relation to a Division declared by the Electoral Commission, by notice published in the Gazette, to be a remote Division, the”, substitute “The”.

33

Subsection 227(4)

Omit “Commission”, substitute “Commissioner”.

34

Paragraph 227(4)(a)

Repeal the paragraph, substitute:

1. (a)

   may determine in writing the places that teams will visit for the purposes of taking votes under this section in an election; and

35

Paragraph 227(4)(b)

Omit “take such steps as it thinks fit to give public notice”, substitute “give notice to the public on the Electoral Commission’s website and by any other means that the Electoral Commissioner thinks fit”.

36

After subsection 227(4)

Insert:

1. (4A)

   Before determining a prison under subsection (4), the Electoral Commissioner must consult the Controller‑General of Prisons for the State or Territory in which the prison is located.

37

Subsection 227(6)

Omit “A team”, substitute “Subject to subsection (6A), a team”.

38

Paragraph 227(6)(a)

Omit “take such steps as he or she thinks fit to give public notice”, substitute “give notice to the public on the Electoral Commission’s website and by any other means that he or she thinks fit”.

39

At the end of paragraph 227(6)(b)

Add “for the Division in which the visit is to occur”.

40

After subsection 227(6)

Insert:

1. (6A)

   A visit to a prison must not be made if the Australian Electoral Officer for the State or Territory in which the prison is located is informed by the officer in charge of the prison, or a member of the staff of the prison, that the visit is forbidden by the officer in charge because of circumstances related to the security of the prison.

41

Subsection 227(8)

Omit “station” (wherever occurring), substitute “place”.

42

Paragraph 227(8)(d)

Omit “sections 224 and 225”, substitute “section 224”.

43

Subsection 227(10)

Omit “Divisional Returning Officer”, substitute “Australian Electoral Officer for the State or Territory in which that last visit occurred”.

44

Subsection 227(11)

Omit “the Divisional”, substitute “a Divisional”.

45

At the end of section 227

Add:

1. (12)

   A determination under paragraph (4)(a) is not a legislative instrument.

46

Subsection 228(2)

Omit “subsection 225(8), 226A(7) or 227(10)”, substitute “subsection 227(10)”.

47

Subsection 234(1A)

Omit “or 225”.

48

Subparagraph 273(2)(a)(i)

Omit “, electoral visitor”.

49

Paragraph 273(2)(ab)

Omit “electoral visitor,”.

50

Subparagraph 274(2)(a)(i)

Omit “, electoral visitor”.

51

Paragraph 274(2)(ab)

Omit “electoral visitor,”.

52

Paragraph 4 of Schedule 2

Omit “225”, substitute “227”.

53

Paragraph 6 of Schedule 2

Omit “(other than a special hospital)”.

54

Paragraph 7 of Schedule 2

Repeal the paragraph.

Referendum (Machinery Provisions) Act 1984

1. 55

   Subsection 3(1) (definition of electoral visitor)

   Repeal the definition.

56

Subsection 3(1) (definition of officer)

Omit “an electoral visitor,”.

57

Subsection 3(1) (definition of special hospital)

Repeal the definition.

58

Paragraph 16A(2)(k)

Repeal the paragraph.

59

Subsection 36(1A)

Omit “or 49”.

60

Subsection 46A(2)

Omit “subsection 49(8), 49A(7) or 51(10)”, substitute “subsection 51(10)”.

61

Section 47

Omit “, 49”.

Note: The heading to section 48 is altered by omitting “Mobile booths—hospitals” and substituting “Hospitals”.

62

Sections 49 and 49A

Repeal the sections.

63

Subsection 50(1)

Omit “or 49”.

Note: The heading to section 50 is altered by omitting “sections 48 and 49” and substituting “section 48”.

64

Subsection 50(1)

Omit “or electoral visitor, as the case may be,”.

65

Subsection 50(2)

Omit “or 49”.

66

Subsection 50(2A)

Omit “or electoral visitor”.

67

Subsection 50(2A)

Omit “or 49”.

68

Subsection 50(3)

Omit “section 48 or 49”, substitute “section 48”.

69

Subsection 50(3)

Omit “or 49(4A)”.

70

Subsection 50(4)

Omit “and in relation to a special hospital within the meaning of section 49”.

71

Paragraph 50(4)(b)

Omit “or special hospital, as the case may be”.

72

Subsection 50(5)

Omit “or 49”.

73

Subsections 50(6A) to (6C)

Repeal the subsections.

74

Subsection 50(7)

Omit “or 49”.

75

Subsection 50(7)

Omit “(6A) or (6C),”.

76

Subsection 51(1) (definition of station)

Repeal the definition.

Note: The heading to section 51 is replaced by the heading “Mobile booths”.

77

Subsection 51(2)

Omit “Commission”, substitute “Commissioner”.

78

Subsection 51(3)

Omit “In relation to a Division declared under subsection 227(3) of the Commonwealth Electoral Act 1918, the”, substitute “The”.

79

Subsection 51(4)

Omit “Commission”, substitute “Commissioner”.

80

Paragraph 51(4)(a)

Repeal the paragraph, substitute:

1. (a)

   may determine in writing the places that teams will visit for the purposes of taking votes under this section at a referendum; and

81

Paragraph 51(4)(b)

Omit “take such steps as it thinks fit to give public notice”, substitute “give notice to the public on the Electoral Commission’s website and by any other means that the Electoral Commissioner thinks fit”.

82

After subsection 51(4)

Insert:

1. (4A)

   Before determining a prison under subsection (4), the Electoral Commissioner must consult the Controller‑General of Prisons for the State or Territory in which the prison is located.

83

Subsection 51(6)

Omit “A team”, substitute “Subject to subsection (6A), a team”.

84

Paragraph 51(6)(a)

Omit “take such steps as he or she thinks fit to give public notice”, substitute “give notice to the public on the Electoral Commission’s website and by any other means that he or she thinks fit”.

85

Paragraph 51(6)(b)

Omit “appropriate Divisional Returning Officer”, substitute “Divisional Returning Officer for the Division in which the visit is to occur”.

86

After subsection 51(6)

Insert:

1. (6A)

   A visit to a prison must not be made if the Australian Electoral Officer for the State or Territory in which the prison is located is informed by the officer in charge of the prison, or a member of the staff of the prison, that the visit is forbidden by the officer in charge because of circumstances related to the security of the prison.

87

Subsection 51(8)

Omit “station” (wherever occurring), substitute “place”.

88

Paragraph 51(8)(d)

Omit “sections 48 and 49”, substitute “section 48”.

89

Subsection 51(10)

Omit “Divisional Returning Officer”, substitute “Australian Electoral Officer for the State or Territory in which that last visit occurred”.

90

At the end of section 51

Add:

1. (12)

   A determination under paragraph (4)(a) is not a legislative instrument.

91

Section 52

Omit “arrangements, declarations, appointments or determinations made under section 224, 225 or 227”, substitute “arrangements, appointments or determinations made under section 224 or 227”.

92

Section 52

Omit “, 49”.

93

Paragraph 65(2)(e)

Omit “an electoral visitor or”, substitute “a”.

94

Paragraph 65(2)(f)

Repeal the paragraph.

95

Paragraph 65(2)(g)

Omit “station”, substitute “place”.

96

Subsection 67(1) (paragraph (d) of the definition of officer)

Repeal the paragraph.

97

Subsection 67(1) (definition of presiding officer)

Omit “an electoral visitor or”, substitute “a”.

98

Subsection 67(3) (table item 4)

Repeal the item.

99

Subsection 67(5)

Omit “an electoral visitor or”.

100

Paragraph 67(5)(b)

Omit “whichever of subsections 49(8), 49A(7) and 51(10) is applicable”, substitute “subsection 51(10)”.

101

Paragraph 67(5)(c)

Omit “electoral visitor or”.

102

Subparagraph 90(1)(e)(i)

Omit “, electoral visitor”.

103

Subparagraph 90(1)(e)(iii)

Omit “, electoral visitor”.

104

Paragraph 4 of Schedule 3

Omit “49”, substitute “51”.

105

Paragraph 6 of Schedule 3

Omit “(other than a special hospital)”.

106

Paragraph 7 of Schedule 3

Repeal the paragraph.

Part 2Application and transitional provisions

107

Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

108

Transitional

(1) Despite the amendment made by item 1, the definition of officer in subsection 4(1) of the Commonwealth Electoral Act 1918, as in force immediately before the commencement of that item, continues to apply on and after that commencement for the purposes of section 323 of that Act.

(2) Despite the amendment made by item 56, the definition of officer in subsection 3(1) of the Referendum (Machinery Provisions) Act 1984, as in force immediately before the commencement of that item, continues to apply on and after that commencement for the purposes of section 116 of that Act.

Schedule 6Postal votingPart 1Main amendments

Commonwealth Electoral Act 1918

1

Subsection 184(1)

Repeal the subsection, substitute:

1. (1)

   An application must be in writing in the approved form and must contain a declaration by the applicant that he or she is an elector entitled to apply for a postal vote.

3

Subsection 184(3A)

Repeal the subsection.

4

Section 187

Repeal the section.

5

Subsection 188(1)

Omit “, properly signed and witnessed, for a postal vote”, substitute “for a postal vote that is in accordance with subsection 184(1)”.

6

Subsection 188(1) (note)

Repeal the note.

7

After paragraph 194(1)(d)

Insert:

1. (da)

   the elector must declare, on the postal vote certificate, that the requirements referred to in paragraphs (a), (b) and (d) were satisfied before the close of the poll;

2. (db)

   the authorised witness must declare, on the postal vote certificate, that the requirements referred to in paragraphs (a) to (c) were satisfied before the close of the poll;

8

Paragraph 194(1A)(a)

After “signed”, insert “and dated”.

9

Paragraphs 3 and 3A of Schedule 3

Repeal the paragraphs, substitute:

1. 3.

   If the DRO has reason to doubt that the signature on the postal vote certificate that purports to be the elector’s signature is the elector’s signature, the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO.

10

Paragraphs 7 and 7A of Schedule 3

Repeal the paragraphs, substitute:

1. 7.

   A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of the poll if the date referred to in paragraph 194(1)(c) in relation to the postal vote certificate is a date after polling day.

2. 7A.

   A vote marked on a postal ballot paper must be taken not to have been recorded prior to the close of the poll if:

   1. (a)

      subsection 194(1A) applies in relation to the vote; and

   2. (b)

      the date referred to in paragraph 194(1A)(a) is a date after polling day.

Referendum (Machinery Provisions) Act 1984

11

Subsection 55(1)

Repeal the subsection, substitute:

1. (1)

   An application must be in writing in the approved form and must contain a declaration by the applicant that he or she is an elector entitled to apply for a postal vote.

13

Subsection 55(3A)

Repeal the subsection.

14

Section 60

Repeal the section.

15

Subsection 61(1)

Omit “, properly signed and witnessed, for a postal vote”, substitute “for a postal vote that is in accordance with subsection 55(1)”.

16

Subsection 61(1) (note)

Repeal the note.

17

After paragraph 65(1)(d)

Insert:

1. (da)

   the elector must declare, on the postal vote certificate, that the requirements referred to in paragraphs (a), (b) and (d) were satisfied before the close of voting;

2. (db)

   the authorised witness must declare, on the postal vote certificate, that the requirements referred to in paragraphs (a) to (c) were satisfied before the close of voting;

18

Paragraph 65(1A)(a)

After “signed”, insert “and dated”.

19

Paragraphs 3 and 3A of Schedule 4

Repeal the paragraphs, substitute:

1. 3.

   If the DRO has reason to doubt that the signature on the postal vote certificate that purports to be the elector’s signature is the elector’s signature, the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO.

20

Paragraphs 7 and 7A of Schedule 4

Repeal the paragraphs, substitute:

1. 7.

   A vote marked on a postal ballot‑paper must be taken not to have been recorded prior to the close of voting if the date referred to in paragraph 65(1)(c) in relation to the postal vote certificate is a date after voting day.

2. 7A.

   A vote marked on a postal ballot‑paper must be taken not to have been recorded prior to the close of voting if:

   1. (a)

      subsection 65(1A) applies in relation to the vote; and

   2. (b)

      the date referred to in paragraph 65(1A)(a) is a date after voting day.

21

Application of amendments

The amendments made by this Part apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

22

Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an approved form for the purpose of:

1. (a)

   subsection 184(1) of the Commonwealth Electoral Act 1918 (as in force immediately before that commencement); or

1. (b)

   subsection 55(1) of the Referendum (Machinery Provisions) Act 1984 (as in force immediately before that commencement);

continues to be an approved form for the purpose of that subsection as in force after that commencement, until another form becomes an approved form for the purpose of that subsection.

Schedule 7Other amendments relating to rolls and enrolmentPart 1Amendments

Commonwealth Electoral Act 1918

1

At the end of section 90A

Add:

Limitation

1. (5)

   A right of inspection under this section does not include the right to copy or record by electronic means the Roll or a part of the Roll.

2

After subsection 90B(8A)

Insert:

1. (8B)

   Paragraph (8A)(d) does not apply in relation to the postal address of a person who is a general postal voter.

3

At the end of subsection 91A(2B)

Add:

1. ; and (c)

   any other purpose that is prescribed by the regulations for the purposes of this paragraph.

4

Paragraph 96(1)(b)

Repeal the paragraph, substitute:

1. (b)

   is not entitled to be enrolled for any Subdivision because:

   1. (i)

      the person does not reside in any Subdivision; or

   2. (ii)

      the person is a homeless person;

5

At the end of paragraph 96(7)(a)

Add “or”.

6

After paragraph 96(7)(a)

Insert:

1. (aa)

   if subparagraph (1)(b)(ii) applied in relation to the application—ceases to be a homeless person; or

7

Subsection 96(7)

After “paragraph (a),”, insert “(aa),”.

8

After subsection 96(8)

Insert:

1. (8A)

   Paragraph (7)(a) and subsection (8) do not apply in relation to a homeless person.

2. (8B)

   Subject to subsection (9), if:

   1. (a)

      a person is being treated as an itinerant elector under this section because the person is a homeless person; and

   2. (b)

      the person ceases to be a homeless person;

the person ceases to be eligible to be treated as an itinerant elector under this section upon ceasing to be a homeless person.

9

Paragraph 96(9)(a)

Repeal the paragraph.

10

Subsection 96(10)

After “subsection (8)”, insert “, (8B)”.

11

Subsection 96(13)

Insert:

homeless person includes:

1. (a)

   a person living in:

   1. (i)

      crisis accommodation; or

   2. (ii)

      transitional accommodation; and

2. (b)

   a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994.

Part 2Application of amendments

12

Application of amendments

The amendments made by items 2 and 3 apply in relation to information provided on or after the commencement of those items.

Schedule 8Eligibility for early votingPart 1Amendments

Commonwealth Electoral Act 1918

1

After paragraph 3 of Schedule 2

Insert:

1. 3A.

   Throughout the hours of polling on polling day, the elector will be absent from the Division for which the elector is enrolled.

2

Before paragraph 8 of Schedule 2

Insert:

1. 7A.

   The elector will be unable to attend a polling booth on polling day because of a reasonable fear for, or a reasonable apprehension about, his or her personal wellbeing or safety.

Referendum (Machinery Provisions) Act 1984

3

After paragraph 3 of Schedule 3

Insert:

1. 3A.

   Throughout the hours of voting on voting day, the elector will be absent from the Division for which the elector is enrolled.

4

Before paragraph 8 of Schedule 3

Insert:

1. 7A.

   The elector will be unable to attend a polling booth on voting day because of a reasonable fear for, or a reasonable apprehension about, his or her personal wellbeing or safety.

Part 2Application of amendments

5

Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

Schedule 9Minor technical amendmentsPart 1Amendments

Commonwealth Electoral Act 1918

1

Paragraph 17(1A)(a)

Omit “subsection 91(4A)”, substitute “subsection 90B(1)”.

2

Paragraph 17(1A)(b)

Repeal the paragraph, substitute:

1. (b)

   each person or organisation to whom the Commission has given a copy of a Roll, or an extract of a Roll, under subsection 90B(4).

3

Subsection 31(4)

Omit “the Australian Capital Territory”, substitute “a State”.

4

Subsection 123(1) (definition of Commission)

Repeal the definition.

5

Section 125

Omit “Commission”, substitute “Electoral Commission”.

6

Subsection 126(1)

Omit “made to the Commission”, substitute “made to the Electoral Commission”.

7

Paragraphs 126(2A)(a) and (c)

Omit “Commission”, substitute “Electoral Commission”.

8

Subsection 126(3)

Omit “Commission”, substitute “Electoral Commission”.

9

Section 127

Omit “Commission”, substitute “Electoral Commission”.

10

Subsection 129(1)

Omit “Commission”, substitute “Electoral Commission”.

11

Section 130

Omit “Commission”, substitute “Electoral Commission”.

12

Subsection 131(1)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

13

Subsection 131(2)

Omit “Commission”, substitute “Electoral Commission”.

14

Subsection 131(3)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

15

Paragraph 132(1)(a)

Omit “Commission”, substitute “Electoral Commission”.

16

Subsections 132(2) and (4)

Omit “Commission”, substitute “Electoral Commission”.

17

Subsection 132(5)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

18

Subsection 132(6)

Omit “Commission”, substitute “Electoral Commission”.

19

Subsection 132(7)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

20

Subsection 132A(1)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

Note: The heading to section 132A is altered by omitting “Commission” and substituting “Electoral Commission”.

21

Subsections 133(1) and (3)

Omit “Commission”, substitute “Electoral Commission”.

22

Subsections 134(1), (1A) and (3)

Omit “Commission”, substitute “Electoral Commission”.

23

Subsection 134(5)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

24

Subsections 134(6) and (7)

Omit “Commission”, substitute “Electoral Commission”.

25

Subsection 134(8)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

26

Paragraph 134A(1)(a)

Omit “Commission”, substitute “Electoral Commission”.

27

Subsection 134A(2)

Omit “Commission”, substitute “Electoral Commission”.

28

Subsection 134A(2A)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

29

Subsection 135(1)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

30

Subsection 136(1A)

Omit “Commission”, substitute “Electoral Commission”.

31

Subsection 137(1)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

32

Subsections 137(2), (4), (5), (6) and (7)

Omit “Commission”, substitute “Electoral Commission”.

33

Sections 138 and 139

Omit “Commission”, substitute “Electoral Commission”.

34

Subsection 140(1)

Omit “Commission”, substitute “Electoral Commission”.

35

Subsections 140(2) and (3)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

36

Subsection 141(1) (definition of Commission)

Repeal the definition.

37

Subsection 141(1)

Insert:

Electoral Commission does not include a delegate of the Electoral Commission.

38

Subsection 141(1) (definition of reviewable decision)

Omit “Commission” (wherever occurring), substitute “Electoral Commission”.

39

Subsection 141(2)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

40

Subsections 141(4) and (5)

Omit “Commission”, substitute “Electoral Commission”.

41

Subsections 141(7) and (8)

Omit “Commission” (first occurring), substitute “Electoral Commission”.

42

Subsection 141(9)

Omit “Commission”, substitute “Electoral Commission”.

43

Section 230

Omit “female”.

44

Section 230

After “because”, insert “his or”.

45

Subsection 274(10)

Omit “Subject to subsection (11), in”, substitute “In”.

46

Subsection 385A(2) (definition of article)

Omit “to which section 332 applies”.

Referendum (Machinery Provisions) Act 1984

47

Subsection 32(2)

Omit “a female”, substitute “an”.

48

Subsection 32(2)

Omit “she has changed her surname”, substitute “he or she has changed his or her surname”.

Part 2Application of amendments

49

Application of amendments

The amendments made by items 1 and 2 apply in relation to financial years ending on or after the commencement of those items (whether the copy or extract was given before, on or after that commencement).

Notes to the Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010

Note 1

The Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010 as shown in this compilation comprises Act No. 110, 2010 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010	110, 2010	14 July 2010	See s. 2(1)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 2 (item 5): Royal Assent	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 2.........................................	am. No. 5, 2011