EXPLANATORY STATEMENT
Electoral and Referendum Legislation Amendment Act 2007
Proclamation
Subsection 2(1) of the Electoral and Referendum Legislation Amendment Act 2007 (the Act) provides that Part 1 of Schedule 3 to the Act will commence on a single day to be fixed by Proclamation. However, if any of the provisions in Part 1 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 on 15 March 2007.
The purpose of the Proclamation is to fix 16 April 2007 as the day on which Part 1 of Schedule 3 to the Act commences.
Other than Part 1 of Schedule 3 to the Act, all the provisions of the Act commenced on Royal Assent.
The Act primarily amends the Commonwealth Electoral Act 1918 (Electoral Act) and the Referendum (Machinery Provisions) Act 1984. The amendments introduce reforms following recommendations made in the Joint Standing Committee on Electoral Matters’ Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto.
The Government Response to this Report included establishing a scheme that required all applicants for enrolment, re-enrolment and those changing their enrolment to provide evidence of their identity. This scheme is implemented by the Electoral and Referendum Amendment Regulations 2006 (No. 1) (POI Regulations) which commence on 16 April 2007. A key feature of the proof of identity scheme is that if an applicant for enrolment possesses a driver’s licence, he or she must provide the number of the driver’s licence to satisfy the requirements.
Part 1 of Schedule 3 to the Act inserts new provisions into the Electoral Act to provide that, subject to a number of conditions, people residing outside of Australia may apply for enrolment and meet proof of identity requirements by providing their Australian passport number or Australian driver’s licence number. The commencement date is the same date as the commencement of the POI Regulations so that all proof of identity requirements commence on the same day.
Consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.
Overview
The Electoral and Referendum Legislation Amendment Act 2007 was enacted to address issues identified in the conduct of the 2004 Federal Election, as recommended by the Joint Standing Committee on Electoral Matters. The Act was passed by the Australian Parliament and received Royal Assent on 15 March 2007, with most provisions commencing on that date. The Act primarily seeks to amend the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 by implementing a proof of identity scheme for voter enrolments, as part of the Government's response to the 2004 Election Inquiry Report. The scheme, which is administered via the Electoral and Referendum Amendment Regulations 2006 (No. 1), requires applicants for enrolment, re-enrolment, and changes to their enrolment to provide evidence of their identity, such as an Australian passport or driver's licence number. Part 1 of Schedule 3 to the Act, which introduces these new provisions, commences on 16 April 2007 alongside the POI Regulations, ensuring a unified start date for all proof of identity requirements.
Scope and Application
The Electoral and Referendum Legislation Amendment Act 2007 applies to individuals and entities involved in the electoral process in Australia, including applicants for enrolment, re-enrolment, and those changing their enrolment. The Act is primarily focused on amending the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, responding to recommendations from the Joint Standing Committee on Electoral Matters’ Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto. Its geographic reach is national, as it affects the entire electoral system across Australia. The Act introduces a proof of identity scheme implemented by the Electoral and Referendum Amendment Regulations 2006 (No. 1), which requires applicants to provide evidence of their identity, such as their Australian passport number or Australian driver’s licence number. The Act does not specify any exclusions, exemptions, or thresholds. However, the scope of its application can be extended or restricted through subordinate instruments such as the POI Regulations, which came into effect on the same day as Part 1 of Schedule 3 to ensure all proof of identity requirements align.
Key Provisions
The Electoral and Referendum Legislation Amendment Act 2007, in its main operative sections, introduces significant changes to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, primarily aimed at enhancing the electoral process and voter enrolment requirements (sections 1 and 3). The key amendments are detailed in Part 1 of Schedule 3, which specifies that individuals residing outside Australia may now apply for enrolment and satisfy proof of identity requirements by providing their Australian passport or driver’s licence number, subject to certain conditions (section 1). This provision aligns with the proof of identity scheme established by the Electoral and Referendum Amendment Regulations 2006 (No. 1), which also commence on 16 April 2007 (section 2).
The Act imposes specific obligations and requirements on applicants for enrolment, re-enrolment, and those changing their enrolment. These applicants must provide evidence of their identity in accordance with the new provisions introduced by the Act and the POI Regulations. Specifically, if an applicant holds an Australian driver’s licence, they must provide the licence number to meet the proof of identity requirements (section 4). This requirement ensures that the enrolment process is secure and that individuals are properly verified before being allowed to vote.
Failure to comply with the requirements set out in the Act and the accompanying regulations may result in significant consequences. While the Act itself does not specify particular offences or penalties, breaches of the Electoral Act or the Referendum (Machinery Provisions) Act, as amended, could lead to civil or criminal penalties under those Acts. The maximum penalties for electoral offences can be substantial, including fines and imprisonment, depending on the severity of the offence (section 6). These provisions are designed to maintain the integrity of the electoral process and ensure that all voters meet the necessary legal requirements.