Electoral and Referendum Amendment (Provisional Voting) Act 2011 (Cth)

Electoral and Referendum Amendment (Provisional Voting) Act 2011

No. 37, 2011

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

Contents

Electoral and Referendum Amendment (Provisional Voting) Act 2011

No. 37, 2011

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

[Assented to 26 May 2011]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Electoral and Referendum Amendment (Provisional Voting) Act 2011.

2Commencement

This Act commences on the day this Act receives the Royal Assent.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments relating to evidence of identity for provisional votesPart 1Amendments

Commonwealth Electoral Act 1918

1

Subsections 235(1B), (9) and (10)

Repeal the subsections.

2

After paragraph 3 of Schedule 3

Insert:

1. 3A.

   For each envelope in relation to which the following paragraphs are satisfied:

   1. (a)

      the envelope purports to contain a provisional vote ballot paper;

   2. (b)

      the DRO has reason to doubt that the signature on the envelope 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. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.

3

Subparagraph 6(ca) of Schedule 3

Repeal the subparagraph, substitute:

1. (ca)

   in the case of an envelope purporting to contain a provisional vote ballot paper and in relation to which paragraph 3A applies—that the signature on the envelope is that of the elector; and

Referendum (Machinery Provisions) Act 1984

4

Subsections 37(1B), (9) and (10)

Repeal the subsections.

5

After paragraph 3 of Schedule 4

Insert:

1. 3A.

   For each envelope in relation to which the following paragraphs are satisfied:

   1. (a)

      the envelope purports to contain a provisional vote ballot‑paper;

   2. (b)

      the DRO has reason to doubt that the signature on the envelope 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. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the referendum, to require the elector to provide evidence of his or her identity by the first Friday following the voting day for that referendum.

6

Subparagraph 6(ca) of Schedule 4

Repeal the subparagraph, substitute:

1. (ca)

   in the case of an envelope purporting to contain a provisional vote ballot‑paper and in relation to which paragraph 3A applies—that the signature on the envelope is that of the elector; and

Part 2Application of amendments

7

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.

[Minister’s second reading speech made in—

House of Representatives on 2 March 2011

Senate on 23 March 2011]

(29/11)