Electoral and Referendum Amendment Regulations 2006 (No. 1) (Cth)

Electoral and Referendum Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 350

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984.

Dated 13 December 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

GARY NAIRN

Special Minister of State

Name of Regulations

These Regulations are the Electoral and Referendum Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence on 16 April 2007.

Amendment of Electoral and Referendum Regulations 1940

Schedule 1 amends the Electoral and Referendum Regulations 1940.

Schedule 1 Amendments

(regulation 3)

[1] Part II, Division 1, after regulation 11

insert

Evidence of Identity (paragraphs 94A (2) (e), 95 (2) (d), 96 (2) (d), 98 (2) (d) and 99A (4) (e) of the Act)

(1)Subject to subregulations (2) and (3), a person making an application under section 94A, 95 or 96, and a person making a claim under section 98 or 99A of the Act must provide details of:

(a)his or her driver’s licence number; and

(b)the Australian State or Territory in which the licence was issued.

(2)If an applicant or claimant does not hold a driver’s licence issued by an Australian State or Territory:

(a)the applicant or claimant must show to a person in a class of electors set out in Schedule 2 an original document, of a kind set out in Schedule 3, that identifies the applicant or claimant; and

(b)the person must complete the declaration on the enrolment form, stating that the person:

(i)is on the roll of electors; and

(ii)has sighted the original of one of the documents in Schedule 3.

(3)If a claimant under section 98 of the Act who has also made an application under section 99B of the Act, does not hold a driver’s licence issued by an Australian State or Territory:

(a)the claimant must show to a person in a class of electors set out in Schedule 2, an original document of a kind set out in Schedule 4, that identifies the claimant; and

(b)the person must complete the declaration on the enrolment form, stating that the person:

(i)is on the roll of electors; and

(ii)has sighted the original of one of the documents in Schedule 4.

(4)If an applicant or claimant is unable to comply with subregulation (1), (2) or (3), the applicant or claimant must have his or her application or claim signed by 2 electors, who are able to:

(a)confirm the applicant’s or claimant’s name; and

(b)confirm that they have known the applicant or claimant for at least 1 month.

Prescribed electors (subparagraph 99B (4) (b) (i) and subsection 99B (6) of the Act, and subparagraph 38 (4) (b) (i) and subsection 38 (6) of the Referendum (Machinery Provisions) Act)

(1)The classes of electors to whom:

(a)an original of an applicant’s notification of Australian citizenship from the Immigration Department; or

(b)a copy of an applicant’s notification of Australian citizenship from the Immigration Department;

can be shown are set out in Schedule 2.

(2)The classes of electors who can attest that they:

(a)have sighted:

(i)an applicant’s notification of Australian citizenship from the Immigration Department; or

(ii)a copy of an applicant’s notification of Australian citizenship from the Immigration Department; and

(b)are satisfied that the notification relates to the applicant;

are set out in Schedule 2.

(3)The classes of electors who can attest to a copy of an applicant’s certificate of Australian citizenship are set out in Schedule 2.

(4)Subregulation (3) ceases to have effect on the commencement of section 3 of the Australian Citizenship Act 2006.

[2] Part III, Division 1, after regulation 39A

insert

39BEvidence of identity (subsection 235 (1B) of the Act and subsection 37 (1B) of the Referendum (Machinery Provisions) Act)

(1)A person who wishes to cast a provisional vote on polling day or voting day must:

(a)at the time the provisional vote is cast, show to an officer:

(i)the original of his or her driver’s licence; or

(ii)an original document of a kind set out in Schedule 3; or

(b)by close of business on the first Friday following the polling day or voting day, show to an officer:

(i)an original or attested copy of his or her driver’s licence; or

(ii)an original or attested copy of a document of a kind set out in Schedule 3.

(2)A provisional vote cast in accordance with paragraph (1) (b) is taken not to be valid unless the person shows to an officer:

(a)an original or attested copy of his or her driver’s licence; or

(b)an original or attested copy of a document of a kind set out in Schedule 3;

by close of business on the first Friday following the polling day or voting day.

(3)The classes of electors who can attest to a copy of:

(a)a person’s driver’s licence; or

(b)a document of a kind set out in Schedule 3;

are set out in Schedule 2.

39CPrescribed classes of electors (subparagraph 6 (cb) (ii) of Schedule 3 to the Act and subparagraph 6 (cb) (ii) of Schedule 4 to the Referendum (Machinery Provisions) Act)

(1)The classes of electors who can attest to a copy of the applicant’s certificate of Australian citizenship are set out in Schedule 2.

(2)Subregulation (1) ceases to have effect on the commencement of section 3 of the Australian Citizenship Act 2006.

[3] After Schedule 1

insert

Schedule 2 Prescribed electors

(paragraphs 12 (2) (a) and (b), subregulations 13 (1), (2) and (3), subregulation 39B (3) and subregulation 39C (1))

Item	Class of elector
1	Accountant who is a registered tax agent
2	Bank officer, except the manager of a bank travel centre
3	Building society officer
4	Chairperson or Committee member of an incorporated Aboriginal and/or Torres Strait Islander organisation
5	Chartered professional engineer
6	Clerk, sheriff or bailiff of a court
7	Commissioner for Affidavits of a State or Territory
8	Commissioner for Declarations of a State or Territory
9	Commissioner for Oaths of a State or Territory
10	Credit union officer
11	Diplomatic or consular officer, except an honorary consular officer, of an Australian embassy, high commission, or consulate
12	Finance company officer, where the company borrows or lends or otherwise deals in finance as its principal or characteristic activity
13	Full‑time or permanent part‑time employee of the Commonwealth, or a State or Territory, or a Commonwealth, State or Territory authority
14	Full‑time or permanent part‑time teacher currently employed at a school or tertiary institution
15	Holder of a current liquor licence
16	Holder of a current pilot’s licence
17	Holder of a statutory office for which an annual salary is payable
18	Licensed or registered real estate agent
19	Manager of a building society or credit union
20	Manager of a community, ethnic or remote resource centre
21	Manager of a women’s refuge, or of a crisis and counselling service that provides counselling or assistance to victims of domestic violence, sexual assault or sexual abuse
22	Marriage celebrant within the meaning of the Marriage Act 1961
23	Marriage counsellor within the meaning of the Family Law Act 1975
24	Master of a merchant vessel
25	Member of the Association of Consulting Engineers
26	Member of the Association of Taxation and Management Accountants
27	Member of the Australian Defence Force
28	Member of the ground staff of an airline that operates a regular passenger service
29	Member of the Institute of Company Secretaries of Australia
30	Member of the staff of a person who is a member of: (a) the parliament of the Commonwealth or a State; or (b) the legislature of a Territory; or (c) a local government authority of a State or Territory
31	Member of the staff of a State or Territory electoral authority
32	Member of the staff of the Australian Electoral Commission
33	Minister of religion within the meaning of the Marriage Act 1961
34	Person employed as a remote resource centre visitor
35	Police aide
36	Postal manager or other permanent Australia Post employee
37	Prison officer
38	Registered dentist
39	Registered medical practitioner
40	Registered nurse or enrolled nurse
41	Registered or licensed surveyor
42	Registered pharmacist
43	Registered physiotherapist
44	A person who is not described in a preceding item in this Schedule before whom statutory declarations may be made under a law of the Commonwealth, a State or a Territory

Schedule 3 Prescribed documents

(paragraphs 12 (2) (a) and (b), subparagraph 13 (1) (a) (ii), subparagraph 13 (1) (b) (ii) and paragraphs 39B (2) (b) and 39B (3) (b))

Item	Document
1	Australian birth certificate, or an extract of an Australian birth certificate, that is at least 5 years old
2	Australian Defence Force discharge document
3	Certificate of Australian citizenship
4	Current Australian passport
5	Current Australian photographic student identification card
6	Card issued by, or under the authority of, a State or Territory government the principal purpose of which (or one of the principal purposes of which) is to prove a person’s age
7	Current concession card issued by Centrelink
8	Current concession card issued by the Department of Veterans’ Affairs
9	Current credit card or bank account card
10	Decree nisi or a certificate of a decree absolute made or granted by the Family Court of Australia
11	Document of appointment as an Australian Justice of the Peace
12	Current firearms licence (with photograph and signature)
13	Current identity card showing the signature and photograph of the card holder, issued by his or her employer
14	Marriage certificate registered with an Australian State or Territory Registry of Births, Deaths and Marriages, or equivalent
15	Medicare card
16	Current security guard or crowd control licence

Schedule 4 Prescribed documents

(paragraph 12 (3) (a), subparagraph 12 (3) (b) (ii))

Item	Document
1	Australian birth certificate, or an extract of an Australian birth certificate, that is at least 5 years old
2	Australian Defence Force discharge document
3	Certificate of Australian citizenship
4	Current Australian passport
5	Current Australian photographic student identification card
6	Card issued by, or under the authority of, a State or Territory government the principal purpose of which (or one of the principal purposes of which) is to prove a person’s age
7	Current concession card issued by Centrelink
8	Current concession card issued by the Department of Veterans’ Affairs
9	Current credit card or bank account card
10	Decree nisi or a certificate of a decree absolute made or granted by the Family Court of Australia
11	Document issued by the Australian Government notifying a person of eligibility for Australian citizenship
12	Document of appointment as an Australian Justice of the Peace
13	Current firearms licence (with photograph and signature)
14	Current foreign passport and current Australian visa
15	Current identity card showing the signature and photograph of the card holder, issued by his or her employer
16	Marriage certificate registered with an Australian State or Territory Registry of Births, Deaths and Marriages, or equivalent
17	Medicare card
18	Current security guard or crowd control licence
19	Current travel document and current Australian visa

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See