Electoral and Referendum Amendment Act 1989

Overview

The Electoral and Referendum Amendment Act 1989 (No. 24 of 1990) was enacted to address gaps and inconsistencies in the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, particularly concerning the representation and voting rights of territories, gender-specific language, and electoral process refinements. The Act was passed by the Australian Parliament, comprising the Queen, the Senate, and the House of Representatives. The primary objective of the Act was to ensure that the electoral laws are inclusive, equitable, and up-to-date with modern standards, including the elimination of gender-specific language and the adaptation of provisions to reflect changes in societal norms and administrative practices. The Act introduced various amendments to streamline and enhance the electoral processes, ensuring they are more accessible and reflective of contemporary requirements.

Scope and Application

The Electoral and Referendum Amendment Act 1989 applies to all Commonwealth, State, and Territory electoral and referendum processes, impacting a wide range of entities including political parties, candidates, electors, electoral officers, and other officials involved in the conduct of elections and referenda. The Act governs aspects such as the establishment and functions of the Electoral Commission, the conduct of elections and referenda, voting processes, the handling of electoral materials, and the administration of electoral laws. It specifically extends to the Australian Capital Territory, the Northern Territory, and other external territories, with certain provisions not applying to the Cocos (Keeling) Islands or the Christmas Island. The Act includes provisions for the representation of territories in the Senate, the redistribution of electoral divisions, and the regulation of electoral rolls and voter registration. Additionally, it addresses the administration of postal and pre-poll voting, the conduct of scrutineers, and the control of behaviour at polling booths and other electoral premises. The Act also introduces measures for the disclosure of gifts and electoral expenditure, and outlines offences and penalties for various electoral misconducts. Certain exclusions apply, such as provisions not extending to the Cocos (Keeling) Islands or the Christmas Island, and specific rules govern the use and disclosure of electoral information. The Act's application can be extended or modified through subordinate instruments, allowing for flexibility in its implementation across different electoral contexts.

Key Provisions

• The Electoral and Referendum Amendment Act 1989 introduces a series of amendments to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The Act outlines various provisions related to electoral processes, including changes to the establishment and functioning of the Electoral Commission, representation of territories in the Senate, postal and pre-poll voting, and the handling of electoral documents. The Act also imposes specific obligations on electoral officers, candidates, and political parties, and establishes penalties for non-compliance.
• Key sections of the Act, such as sections 6 and 7, modify the structure and roles within the Electoral Commission. Section 6 inserts a new section 5a, stating that Part IV of the Act applies to the Northern Territory as if it were a State, thereby extending its scope to the Northern Territory. Section 7 introduces remuneration provisions for acting Chairpersons and non-judicial appointees of the Commission, ensuring that these officials are compensated appropriately for their roles. Section 14a establishes the remuneration of acting Commissioners and requires adherence to the Remuneration Tribunal Act 1973. Section 14 amends the delegation of powers within the Commission, allowing it to delegate powers to appointed Commissioners, electoral officers, or staff members, except those under Parts III and IV.
• The Act imposes several obligations on electoral officers, candidates, and political parties. For example, Section 163 specifies the qualifications for nomination as a Senator or a member of the House of Representatives, requiring the individual to be an Australian citizen and at least 18 years old. Section 183 allows electors to apply for a postal vote based on various grounds, such as being absent from the State or Territory on polling day or being a patient at a hospital. Section 184a details the registration process for general postal voters and the requirements for maintaining the Register of General Postal Voters. Furthermore, Section 202a mandates that certain officers, including Divisional Returning Officers and scrutineers, sign an undertaking before performing their duties, ensuring they are aware of their responsibilities.
• In terms of penalties and consequences for breach, Section 186a outlines that making a false statement in an application for a postal vote carries a penalty of $1,000, imprisonment for 6 months, or both. Section 198 prohibits inducing an elector to hand over a marked postal ballot-paper, with a penalty of $1,000. Section 325a imposes penalties of $1,000 or imprisonment for 6 months, or both, on individuals who influence the votes of hospital patients or residents of nursing homes. Section 348 establishes penalties for misconduct in polling booths, counting centres, and other designated premises, with a maximum penalty of $500. Additionally, Section 364a allows the Court to consider rejected postal ballot-papers if it is satisfied that the votes were recorded before the close of the poll. Section 367a mandates that the Electoral Commission must make an order on a petition filed under subsection 357(1A) within three months, with the possibility of declaring a candidate elected or the election absolutely void.
• These amendments and provisions ensure that electoral processes are transparent, fair, and efficiently managed while maintaining the integrity of the electoral system. The obligations and penalties established by the Act aim to deter misconduct and ensure compliance with electoral laws.

Legal classification tags

Area of Law

Electoral Law

Instrument

Act

Concepts

Commencement Provisions

Delegation by Commission

Enforcement Powers

Prohibited Conduct

Regulations

Review & Sunset Clauses

Rights & Protections