EXPLANATORY STATEMENT
Electoral and Referendum Amendment (Pre-poll Voting
and Other Measures) Act 2010
Proclamation
Subsection 2(1) of the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (the Act) provides that Schedule 2 to the Act will commence on a single day to be fixed by Proclamation. However, if any of the provisions in Schedule 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 recently.
The purpose of the Proclamation is to fix 19 July 2010 as the day on which Schedule 2 to the Act commences.
All the provisions of the Act commenced on Royal Assent, with the exception of Schedule 2.
The Act amends the Commonwealth Electoral Act 1918 (Electoral Act) and the Referendum (Machinery Provisions) Act 1984. The amendments mainly introduce reforms following recommendations made in the Joint Standing Committee on Electoral Matters’ Report on the Conduct of the 2007 Federal Election and Matters Related Thereto.
The Government Response to this Report included introducing legislation to improve efficiency in processing enrolment transactions and provide the capacity to enable an elector to update his or her address details electronically.
Schedule 2 to the Act inserts new provisions into the Electoral Act to provide for the efficient and effective management of the Australian Electoral Commission’s (AEC) workload and enable electors to update their address details electronically.
Schedule 2 enables the AEC to manage its workload in non-election periods by allocating work, principally enrolment applications and enrolment changes, throughout the AEC divisional office network. The Electoral Act as it currently stands provides that such workload sharing can only take place during the election period. Such changes will allow the AEC to manage its workload more efficiently by enabling enrolment transactions to be processed outside the relevant Division. These amendments provide the AEC with additional tools to maintain the electoral Roll in a timely and efficient manner.
Schedule 2 enables persons who are already on the electoral Roll to update their address details by providing this information to the AEC in an electronic format.
Consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.
Overview
The Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 was enacted to address issues and gaps identified in the conduct of the 2007 Federal Election, as recommended by the Joint Standing Committee on Electoral Matters. The Act amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, introducing measures to improve efficiency in processing enrolment transactions and enabling electors to update their address details electronically. This legislation was enacted by the Parliament of Australia and received Royal Assent recently. The primary policy objective of the Act is to enhance the efficiency and effectiveness of the Australian Electoral Commission’s (AEC) workload management and to provide electors with the capability to update their address details electronically. The Act aims to streamline the electoral process by allowing workload sharing outside of the election period and ensuring the electoral roll is maintained in a timely manner.
Scope and Application
The Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 applies to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, amending them to introduce reforms based on recommendations from the Joint Standing Committee on Electoral Matters. The Act applies to the Australian Electoral Commission (AEC) and any person or entity involved in the electoral process, particularly those who are enrolled to vote or are involved in managing electoral enrolments and changes. It has a national reach, affecting all states and territories in Australia. The Act includes specific provisions to enhance efficiency in processing enrolment transactions and to allow electors to update their address details electronically, measures that aim to improve the administration of elections and the maintenance of the electoral roll. The commencement of the Act was staggered, with all provisions coming into effect on Royal Assent except for those in Schedule 2, which commenced on 19 July 2010 as fixed by Proclamation. There are no stated exclusions or thresholds within the text, and the Act does not extend or restrict application through subordinate instruments.
Key Provisions
The main operative sections of the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (section 2(1)) and Schedule 2 primarily focus on the commencement of the Act's provisions, with the exception of Schedule 2, which was proclaimed to commence on 19 July 2010. This schedule introduces significant amendments to the Commonwealth Electoral Act 1918 (Electoral Act) and the Referendum (Machinery Provisions) Act 1984, addressing issues raised in the Joint Standing Committee on Electoral Matters’ Report on the Conduct of the 2007 Federal Election and Matters Related Thereto. Specifically, these amendments aim to improve the efficiency of processing enrolment transactions and allow electors to update their address details electronically. This is achieved by enabling the Australian Electoral Commission (AEC) to allocate enrolment applications and enrolment changes across its divisional office network, not just during election periods (Schedule 2).
The obligations and requirements imposed by the Act on the AEC include managing its workload more effectively by distributing enrolment applications and changes throughout its divisional office network, rather than being limited to election periods. The Act also mandates that the AEC must facilitate the electronic updating of address details by electors who are already on the electoral roll. This is a significant change from the previous system, which likely required manual updates and could have been less efficient.
Failure to comply with the provisions of the Act may result in penalties or other consequences, although the specific details of these are not outlined in the explanatory statement. Given the nature of the Act and its amendments, breaches could potentially lead to administrative inefficiencies or disruptions in the electoral process, which could have broader legal and electoral consequences. The explanatory statement does not provide details on maximum penalties but implies that any breaches would be subject to the general legal frameworks governing administrative law and electoral processes in Australia.