Commonwealth Electoral Amendment Act 2016
No. 25, 2016
An Act to amend the Commonwealth Electoral Act 1918, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Part 1—Senate voting
Division 1—Amendments
Commonwealth Electoral Act 1918
Division 2—Application provisions
Part 2—Registered officers and deputy registered officers
Division 1—Amendments
Commonwealth Electoral Act 1918
Division 2—Application provisions
Part 3—Party logos
Division 1—Amendments
Commonwealth Electoral Act 1918
Division 2—Application provision
Commonwealth Electoral Amendment Act 2016
No. 25, 2016
An Act to amend the Commonwealth Electoral Act 1918, and for related purposes
[Assented to 21 March 2016]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Commonwealth Electoral Amendment Act 2016.
2 Commencement
(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 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 22 March 2016 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Part 1—Senate voting
Division 1—Amendments
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
above the line: a square is printed above the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(ii).
below the line: a square is printed below the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(i).
dividing line means the line on a ballot paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2).
2 Paragraph 169(4)(b)
Repeal the paragraph, substitute:
(b) the candidates have made a request under section 168 that their names be grouped in the ballot papers for the election;
3 Subsection 169(4)
After “the request”, insert “under subsection (1)”.
4 Subsection 169(4)
Omit “in relation to the group in accordance with subsection 211(5)”, substitute “above the line in relation to the group”.
5 Paragraphs 195A(5)(b) and (c)
Repeal the paragraphs, substitute:
(b) keep the envelope in the ballot‑box until the ballot‑box is forwarded to the designated Divisional Returning Officer as required by subsection 227(10); and
(c) when…
Overview
The Commonwealth Electoral Amendment Act 2016 (No. 25, 2016) was enacted to amend the Commonwealth Electoral Act 1918, addressing various issues related to electoral procedures and the management of political parties. This Act was introduced to the Parliament of Australia and received assent on 21 March 2016. One of the primary objectives of the Act is to streamline the process of voting in Senate elections by modifying the rules for group voting tickets and above-the-line voting. Additionally, the Act seeks to prevent individuals from holding multiple roles in different political parties simultaneously, thereby ensuring clarity and integrity in the management of political party affairs. The Act also introduces requirements for the registration and use of political party logos to maintain distinct identities and prevent confusion among voters.
Scope and Application
The Commonwealth Electoral Amendment Act 2016 amends the Commonwealth Electoral Act 1918 to introduce changes concerning the voting system for Senate elections, registered officers and deputy registered officers of political parties, and the registration and use of party logos. The amendments apply to elections held on or after July 1, 2016, and to nominations, applications, and registrations made after the commencement of the relevant provisions. The Act applies to all political parties registered under the Commonwealth Electoral Act 1918, as well as to registered officers and deputy registered officers of those parties. The Act also applies to the Electoral Commission, which is responsible for administering the electoral process and enforcing the provisions of the Act. There are no specific exclusions or exemptions outlined in the Act, but the Electoral Commission has the authority to refuse to register a political party or to refuse to enter a party logo in the Register if certain criteria are not met or if there are objections to the name or logo. The Act allows for the use of subordinate instruments to further define the requirements for party logos and to make other necessary amendments.
Key Provisions
- The Commonwealth Electoral Amendment Act 2016 (Act) amends the Commonwealth Electoral Act 1918 (Cth) (CEA Act) in several key ways, primarily concerning Senate voting procedures, the roles and limitations of registered officers and deputy registered officers of political parties, and the regulation of party logos. The Act received Royal Assent on 21 March 2016 and commenced on the following day. The amendments do not apply to elections with a polling day before 1 July 2016, although certain actions can be taken before this date in relation to elections on or after that day.
- Firstly, the Act modifies Senate voting procedures, stipulating that a voter can only vote below the line if they consecutively number at least 12 squares, or all the squares if there are fewer than 12. A ballot paper is deemed formal if the voter marks at least six squares below the line consecutively, disregarding any repeated or higher numbers. For above-the-line votes, a voter must number at least six squares consecutively or all available squares if fewer than six are present. The Act also introduces provisions for the treatment of above-the-line votes, stipulating how Assistant Returning Officers, Divisional Returning Officers, and Australian Electoral Officers must handle and scrutinise these votes.
- Secondly, the Act imposes several obligations on registered officers and deputy registered officers of political parties. It mandates that a person cannot be the registered officer or deputy registered officer of more than one registered political party at the same time. If an application to register a party would result in a breach of this rule, the party must amend the application to comply. Additionally, the Act outlines the requirements for party logos, stipulating that logos must be in black and white and meet any additional requirements set by the Electoral Commissioner. The Electoral Commission has the authority to refuse to enter a logo in the Register if it is obscene, infringes on another person's logo, or suggests a false connection to a registered political party.
- Thirdly, the Act delineates the consequences for breaches of its provisions. For instance, voting irregularities, such as failing to consecutively number the required number of squares on a ballot paper, can result in the ballot being deemed informal. Furthermore, the Act grants the Electoral Commission the authority to refuse to register a political party or to refuse to enter a party's logo in the Register if certain conditions are not met. The Act also provides for the deregistration of political parties under specific circumstances, such as the registered officer or deputy registered officer breaching the one-person, one-role rule. The Act further stipulates that no action, suit, or proceeding lies against the Commonwealth or its officers for actions taken in good faith in relation to party logos, except under the Act itself. These measures ensure that electoral processes are conducted fairly and in accordance with the law, while also protecting the rights and interests of political parties and their members.
- Area of Law
- Elections Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Enforcement Powers
- Licensing & Registration
- Transitional Provisions
