Electoral and Referendum Amendment (Provisional Voting) Act 2011

Administered by Department of Finance

Legislation au C2011A00037 In force Act

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Electoral and Referendum Amendment (Provisional Voting) Act 2011

 

No. 37, 2011

 

 

 

 

 

An Act to amend the law relating to elections and referendums, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments relating to evidence of identity for provisional votes

Part 1—Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2—Application of amendments

 

 

 

Electoral and Referendum Amendment (Provisional Voting) Act 2011

No. 37, 2011

 

 

 

An Act to amend the law relating to elections and referendums, and for related purposes

[Assented to 26 May 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Electoral and Referendum Amendment (Provisional Voting) Act 2011.

2  Commencement

  This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 relating to evidence of identity for provisional votes

Part 1—Amendments

Commonwealth Electoral Act 1918

1  Subsections 235(1B), (9) and (10)

Repeal the subsections.

2  After paragraph 3 of Schedule 3

Insert:

 3A. For each envelope in relation to which the following paragraphs are satisfied:

 (a) the envelope purports to contain a provisional vote ballot paper;

 (b) the DRO has reason to doubt that the signature on the envelope that purports to be the elector’s signature is the elector’s signature;

the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.

3  Subparagraph 6(ca) of Schedule 3

Repeal the subparagraph, substitute:

 (ca) in the case of an envelope purporting to contain a provisional vote ballot paper and in relation to which paragraph 3A applies—that the signature on the envelope is that of the elector; and

Referendum (Machinery Provisions) Act 1984

4  Subsections 37(1B), (9) and (10)

Repeal the subsections.

5  After paragraph 3 of Schedule 4

Insert:

 3A. For each envelope in relation to which the following paragraphs are satisfied:

 (a) the envelope purports to contain a provisional vote ballot‑paper;

 (b) the DRO has reason to doubt that the signature on the envelope that purports to be the elector’s signature is the elector’s signature;

the DRO must check the signature against the most recent record (if any) of the elector’s signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the referendum, to require the elector to provide evidence of his or her identity by the first Friday following the voting day for that referendum.

6  Subparagraph 6(ca) of Schedule 4

Repeal the subparagraph, substitute:

 (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper and in relation to which paragraph 3A applies—that the signature on the envelope is that of the elector; and


Part 2—Application of amendments

7  Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 2 March 2011

Senate on 23 March 2011]

(29/11)

 

Overview

The Electoral and Referendum Amendment (Provisional Voting) Act 2011 was enacted by the Parliament of Australia to address issues surrounding the integrity and process of provisional voting in elections and referendums. This Act amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, introducing stricter identity verification requirements for provisional voters. Specifically, it mandates that the Director of the Rolls (DRO) must verify the authenticity of the elector's signature on the provisional vote envelope against the most recent record available, and if unsatisfied, requires the elector to provide additional evidence of identity. The policy objective of the Act is to enhance the security and credibility of the electoral process by ensuring that only eligible voters can cast provisional votes, thereby maintaining the integrity of the democratic process.

Scope and Application

The Electoral and Referendum Amendment (Provisional Voting) Act 2011 applies to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, making specific amendments to the evidence of identity requirements for provisional voting. The Act targets the Director of the Rollback Office (DRO) who must verify the authenticity of signatures on provisional vote envelopes and, if there is doubt, must attempt to contact the elector within three days to request evidence of identity by a specified date. These amendments apply to any elections or referendums for which writs are issued on or after the commencement of the Act, thus affecting the conduct of all such elections and referendums within the Commonwealth of Australia. There are no exclusions or exemptions specified within the text, meaning the provisions apply broadly to all provisional voters in federal elections and referendums. The Act's reach is national, encompassing all federal electoral processes and ensuring consistency in the handling of provisional votes across Australia.

Key Provisions

The Electoral and Referendum Amendment (Provisional Voting) Act 2011 (sections 1 to 6) amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to alter the process for provisional voting during elections and referendums. Specifically, it modifies the verification process for signatures on provisional voting envelopes. Under the new provisions, if a Director of the Relevant Office (DRO) has reason to doubt the authenticity of a signature on a provisional voting envelope, they must check it against the most recent record of the elector’s signature. If the DRO remains unsatisfied with the signature, they must contact the elector within three days to request evidence of identity by a specified deadline. The Act imposes several obligations on DROs and electors. For DROs, it mandates that they verify the authenticity of signatures on provisional voting envelopes and attempt to contact electors if there is doubt about the signature. Electors, on the other hand, are required to provide evidence of identity if requested by a DRO. Failure to comply with these requirements can lead to the provisional vote not being counted, potentially impacting the overall election or referendum results. Breaches of the provisions in this Act can have various consequences. Although the Act does not explicitly detail criminal or civil penalties, failure to comply with the requirements for provisional voting could be considered electoral fraud, which carries significant legal repercussions. In electoral law, fraud can lead to criminal charges, fines, and imprisonment, as well as the possibility of invalidating election or referendum results. The seriousness of such consequences underscores the importance of adhering to the Act’s provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.