EXPLANATORY STATEMENT
Electoral and Referendum Amendment (How-to-Vote Cards
and Other Measures) Act 2010
Proclamation
Subsection 2(1) of the Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010 (the Act) provides that that Schedules 1 and 2 to the Act will commence on a single day to be fixed by Proclamation. However, if any of the provisions in Schedules 1 and 2 do not commence within the period of six months beginning on the day on which the Act receives the Royal Assent, they will commence on the first day after the end of that period. The Act received Royal Assent on14 July 2010.
The purpose of the Proclamation is to fix 23 July 2010 as the day on which Schedules 1 and 2 to the Act commence.
All the provisions of the Act commenced on Royal Assent, with the exception of Schedules 1 and 2.
The Act amends the Commonwealth Electoral Act 1918 (Electoral Act) and the Referendum (Machinery Provisions) Act 1984 (Referendum Act).
How-to-vote cards
Schedule 1 to the Act inserts new provisions into the Electoral Act to provide for a specific and expanded authorisation requirements for how-to-vote cards. A contravention of these requirements will be an offence.
It is common on polling day, and in the few weeks in the lead-up to polling day, for candidates and registered political parties to issue how-to-vote cards. The how-to-vote cards generally adopt a ballot paper style presentation by listing the names of all candidates for that election and putting a number beside each candidate in the suggested order that a voter should allocate his or her preferences.
The amendments make it clearer who will benefit from the preference flow suggested on the how-to-vote card. It is intended that these amendments will reduce the potential for voters to be misled and to give voters the means to make informed decisions by ensuring that the political source of how-to-vote material is clear.
Misleading or deceptive publication
Schedule 2 inserts new provisions into the Electoral Act to amend section 329 of the Electoral Act and section 122 of the Referendum Act.
Section 329 of the Electoral Act and section 122 of the Referendum Act generally prohibit a person from printing, publishing or distributing, or causing to be printed, published or distributed anything that may mislead or deceive an elector in how to cast a vote.
Subsection 329(6) defines the term ‘publish’ to include ‘publish by radio or television’. The amendments in the Act add the terms ‘telephone’ and ‘internet’ to the definition of publish in section 329 of the Electoral Act and section 122 of the Referendum Act.
The offence in section 329 of the Electoral Act and section 122 of the Referendum Act is expanded to include the internet. Consequently, the Act amends the offence to have extended geographical jurisdiction.
Consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.
Overview
The Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010 was enacted to address issues surrounding the clarity and legality of how-to-vote cards and the prohibition of misleading or deceptive publications during elections. This Act amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The primary objective of the Act is to clarify the authorisation requirements for how-to-vote cards, ensuring that the political source of such material is clear and thus reducing the potential for voters to be misled. Additionally, it expands the scope of the prohibition on misleading or deceptive publications to include communications via telephone and the internet, thereby extending the geographical jurisdiction of the relevant offences. The Act was assented to on 14 July 2010 and the majority of its provisions commenced on that date, with the exception of Schedules 1 and 2, which commenced on 23 July 2010 as fixed by Proclamation.
Scope and Application
The Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010 applies to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The Act introduces new provisions related to how-to-vote cards and the prohibition of misleading or deceptive publications concerning electoral processes. It is applicable to candidates, registered political parties, and any entities that issue how-to-vote cards. The amendments ensure that the source of how-to-vote material is clear to voters, aiming to reduce the potential for voter misinformation. Furthermore, the Act expands the definition of "publish" to include "publish by telephone" and "publish by internet," thereby extending the prohibition on misleading or deceptive publications to include these mediums. This extension of the prohibition means the geographical jurisdiction of the offence is also expanded, encompassing activities conducted over the internet. The Act came into effect on 23 July 2010, with the exception of Schedules 1 and 2 which commenced on the day of Royal Assent.
Key Provisions
The Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010 introduces significant changes to the Commonwealth Electoral Act 1918 (Electoral Act) and the Referendum (Machinery Provisions) Act 1984 (Referendum Act). Primarily, this Act amends the regulations surrounding how-to-vote cards and the prohibition against misleading or deceptive publications that could influence voters' choices. Section 2(1) of the Act specifies that all its provisions, except those in Schedules 1 and 2, commenced on the day the Act received Royal Assent, which was 14 July 2010. Schedules 1 and 2, however, were set to commence on 23 July 2010, as proclaimed by the government.
The Act mandates specific and expanded authorisation requirements for how-to-vote cards, which are commonly issued by candidates and registered political parties around polling day. These cards typically list candidates in a suggested order for allocating preferences, formatted similarly to a ballot paper. The amendments aim to clarify who benefits from the preference flow suggested on these cards, thereby reducing the risk of voter misinformation and enabling voters to make informed decisions by ensuring the political source of the how-to-vote material is transparent. Any contravention of these requirements constitutes an offence.
In addition to the changes related to how-to-vote cards, the Act also revises the prohibition against misleading or deceptive publications. Schedule 2 amends section 329 of the Electoral Act and section 122 of the Referendum Act, extending the definition of 'publish' to include 'telephone' and 'internet'. Consequently, the prohibition now applies to publications made through these mediums, thus broadening the geographical jurisdiction of these offences. The Act ensures that any person found publishing, printing, or distributing misleading or deceptive material, including via the internet, can face legal consequences.
The Act imposes obligations on candidates, political parties, and any entities publishing electoral information to adhere to the new authorisation requirements for how-to-vote cards and to avoid misleading or deceptive publications. Entities found in breach of these provisions can face significant legal consequences, including criminal penalties. The maximum penalties for contravening these provisions are not explicitly stated in the Act but are typically governed by the severity of the offence under the Electoral Act and the Referendum Act. These penalties can include fines and, in severe cases, imprisonment. The Act seeks to maintain the integrity of the electoral process by ensuring transparency and preventing misinformation.