Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021

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Legislation au C2021A00093 In force Act

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Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021

 

No. 93, 2021

 

 

 

 

 

An Act to amend the law relating to elections in respect of suspected multiple voting and interference with political liberty and to provide for application of the amendments

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Designated electors

Part 1—Main amendments

Commonwealth Electoral Act 1918

Part 2—Contingent amendments

Commonwealth Electoral Act 1918

Schedule 2—Offence relating to interference with political liberty

Commonwealth Electoral Act 1918

 

 

 

Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021

No. 93, 2021

 

 

 

An Act to amend the law relating to elections in respect of suspected multiple voting and interference with political liberty and to provide for application of the amendments

[Assented to 2 September 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

2 September 2021

2.  Schedule 1, Part 1

The day after this Act receives the Royal Assent.

3 September 2021

3.  Schedule 1, Part 2

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of Schedule 1 to the Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Act 2021.

However, the provision does not commence at all if the event mentioned in paragraph (b) does not occur.

3 September 2021

4.  Schedule 2

The day after this Act receives the Royal Assent.

3 September 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation 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—Designated electors

Part 1—Main amendments

Commonwealth Electoral Act 1918

1  Subsection 4(1)

Insert:

designated elector: see subsection 202AH(1).

2  At the end of section 84

Add:

 (3) However, particulars contained in the Rolls in accordance with paragraph (2)(c) must not relate to whether a person is a designated elector.

3  After subsection 90B(6)

Insert:

Information about designated electors

 (6A) The Electoral Commission must not include in information given under subsection (1) or (4) information about whether a person is a designated elector.

4  Paragraph 185(4)(c)

Omit “Commission”, substitute “Commissioner”.

5  After subsection 185(4)

Insert:

 (4AA) The Electoral Commissioner must not, for the purposes of paragraph (4)(c), determine any particulars relating to whether an elector is a designated elector.

6  After subsection 189(2)

Insert:

 (2A) The Electoral Commissioner must not, for the purposes of subparagraph (2)(b)(iii), determine any particulars relating to whether an applicant is a designated elector.

7  Subsection 200A(2) (before the note)

Insert:

Note 1: A person who is a designated elector is not entitled to vote by pre‑poll ordinary vote: see paragraph 200DG(2)(ea).

8  Subsection 200A(2) (note)

Omit “Note”, substitute “Note 2”.

9  After paragraph 200DG(2)(e)

Insert:

 (ea) the voter is a designated elector; or

10  After Part XVB

Insert:

Part XVC—Designated electors

 

202AG  Simplified outline of this Part

The Electoral Commissioner may declare an elector to be a designated elector on the basis of a reasonable suspicion that the elector has voted more than once in an election.

A designated elector may only vote by declaration vote.

Information about whether a person is a designated elector is excluded from information relating to Rolls that may be disclosed under the Act.

202AH  Electoral Commissioner may declare designated electors

 (1) The Electoral Commissioner may, in writing, declare that an elector is a designated elector if the Electoral Commissioner reasonably suspects that the elector has voted more than once in an election (whether or not the elector has been convicted of an offence against subsection 339(1A) or (1C)).

 (2) The Electoral Commissioner must give the elector written notice of the declaration. The notice must set out the elector’s right to have the decision to make the declaration reviewed.

 (3) A declaration under subsection (1) ceases to have effect if:

 (a) the declaration relates to an elector who has been convicted of an offence against subsection 339(1A) or (1C); and

 (b) the elector’s conviction is quashed on appeal.

 (4) A declaration made under subsection (1) is not a legislative instrument.

202AJ  Review by Electoral Commissioner

 (1) An elector may apply to the Electoral Commissioner for review of a decision under subsection 202AH(1) (the original decision) to declare that the elector is a designated elector.

 (2) An application under subsection (1) must:

 (a) be in writing; and

 (b) include the elector’s name and address and a statement of the elector’s reasons for making the application; and

 (c) be made within 28 days of the day on which the elector is notified under subsection 202AH(2) of the original decision.

 (3) After receiving an application under subsection (1), the Electoral Commissioner must:

 (a) personally review the original decision; or

 (b) cause the original decision to be reviewed by a person to whom the Commissioner’s powers and functions under this section are delegated and who was not involved in making the original decision.

 (4) The person who reviews the original decision under subsection (3) (the reviewer) must make a decision to either:

 (a) confirm the original decision; or

 (b) set aside the original decision and substitute a new decision.

 (5) The reviewer must give the elector written notice of the reviewer’s decision under subsection (4), including the reasons for the decision. The notice must set out the elector’s right to have the decision reviewed.

 (6) This section does not apply if the original decision was made by the Electoral Commissioner personally.

202AK  Review by Administrative Appeals Tribunal

  Applications may be made to the Administrative Appeals Tribunal for review of:

 (a) a decision under subsection 202AH(1) made by the Electoral Commissioner personally; or

 (b) a decision under paragraph 202AJ(4)(a) by the reviewer (within the meaning of subsection 202AJ(4)).

202AL  Voting by designated electors at elections

 (1) A designated elector is not permitted to vote in an election except in accordance with this section.

 (2) A designated elector may only vote by declaration vote.

Note: The effect of subsection (2) is that designated electors are able to cast declaration votes in accordance with the rules relating to postal voting (see Part XV), pre‑poll declaration voting (see Part XVA) and absent and provisional voting (see Part XVI).

11  After subsection 208(2A)

Insert:

 (2B) The list must not include the address of a person who is on the Roll for the Division if the person is a designated elector.

12  At the end of subsection 222(1)

Add:

Note: See section 202AL for rules about voting by designated electors.

13  After subsection 339(1A) (before the penalty)

Insert:

Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1)).

14  After subsection 339(1C) (before the penalty)

Insert:

Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1)).

15  Application of amendment

  Section 202AH of the Commonwealth Electoral Act 1918, as inserted by this Schedule, applies in relation to a reasonable suspicion that a person has voted more than once in an election, whether or not the election occurred before or after the commencement of this item.

Part 2—Contingent amendments

Commonwealth Electoral Act 1918

16  Paragraph 17A(a) of Schedule 3

Repeal the paragraph, substitute:

 (a) may withdraw the ballot papers in accordance with paragraph 17:

 (i) for ballot papers of electors other than designated electors—at any time on or after the day that is 5 days before polling day; or

 (ii) for ballot papers of designated electors—after the close of the poll; and

Schedule 2—Offence relating to interference with political liberty

 

Commonwealth Electoral Act 1918

1  Subsection 327(1) (penalty)

Repeal the penalty, substitute:

Note: Violence, obscene or discriminatory abuse, property damage and harassment or stalking are examples of conduct that may be an offence under this subsection.

Penalty: Imprisonment for 3 years or 100 penalty units, or both.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 August 2021

Senate on 26 August 2021]

 

(102/21)

 

Overview

The Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021 was enacted by the Parliament of Australia to address the issues of suspected multiple voting and interference with political liberty during elections. This Act aims to amend the Commonwealth Electoral Act 1918 by introducing provisions that target electoral offences and the prevention of multiple voting. The policy objective is to ensure the integrity of the electoral process and protect the political rights of Australian citizens. The Act introduces the concept of 'designated electors', who are individuals reasonably suspected of voting more than once in an election. These designated electors are restricted to voting only by declaration vote and are excluded from the electoral rolls information that may be disclosed under the Act. Additionally, the Act strengthens the penalties for offences relating to interference with political liberty, with a maximum penalty of imprisonment for three years or 100 penalty units, or both. The Act's amendments came into force on various dates specified in the Act, with most provisions commencing on 3 September 2021. The introduction of designated electors and the associated voting restrictions is intended to deter and address instances of multiple voting, thereby maintaining the fairness and transparency of the electoral process. The penalties for interference with political liberty were also updated to reflect a stronger stance against conduct that undermines the democratic process.

Scope and Application

The Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021 is an Act of the Parliament of Australia that amends the Commonwealth Electoral Act 1918 to address suspected multiple voting and interference with political liberty. This Act applies to electors who are reasonably suspected of voting more than once in an election, referred to as designated electors, and seeks to prevent them from voting except under specific circumstances. The Act applies to the Commonwealth and affects the conduct of individuals who may be suspected of committing electoral offences. Geographic reach is not limited to a specific region but applies nationally. The Act provides for exclusions and specific voting procedures for designated electors, who may only vote by declaration vote. The Act also provides for the amendment of penalties for offences relating to interference with political liberty, with a maximum penalty of imprisonment for 3 years or 100 penalty units, or both. The application of the Act is further extended through subordinate instruments as detailed in the schedules of the Act. The Act commenced on various dates as specified in the commencement provisions, with certain sections commencing on the day the Act received Royal Assent on 2 September 2021, while other parts and schedules commenced on 3 September 2021. The provisions of the Act are designed to be enforced by the Electoral Commissioner and the Administrative Appeals Tribunal, with the latter having the authority to review decisions related to the designation of electors and the application of penalties. The Act provides for the declaration of electors as designated based on reasonable suspicion of multiple voting and sets out procedures for review and appeal of such declarations. The Act also contains contingent amendments related to the withdrawal of ballot papers for designated electors and the specific conditions under which these actions may occur.

Key Provisions

The Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021 (the "Act") introduces several key amendments to the Commonwealth Electoral Act 1918 (the "Act 1918") concerning suspected multiple voting and interference with political liberty. Under the Act, the Electoral Commissioner is authorised to declare an elector as a designated elector if there is a reasonable suspicion that the elector has voted more than once in an election (Section 202AH(1)). The Electoral Commissioner must notify the elector in writing of the decision and the elector's right to request a review (Section 202AH(2)). This declaration ceases to have effect if the elector is convicted of an offence under subsection 339(1A) or (1C) and the conviction is subsequently quashed on appeal (Section 202AH(3)). A designated elector is only permitted to vote by declaration vote (Section 202AL(2)). Information regarding designated electors is excluded from the electoral rolls and cannot be disclosed under the Act 1918 (Section 202A(6A) and (2A)). The Act imposes several obligations on the Electoral Commissioner and other relevant parties. The Electoral Commissioner is required to notify the designated elector in writing of the decision and the elector's right to request a review (Section 202AH(2)). The Electoral Commissioner must personally review or cause the review of the original decision if an elector requests a review within 28 days of notification (Section 202AJ(3)). The reviewer must provide the elector with a written notice of the decision, including the reasons for the decision and the elector's right to further review (Section 202AJ(5)). The Electoral Commissioner must not include information about whether a person is a designated elector in information given under subsection 90B(1) or (4) (Section 90B(6A)). The Electoral Commissioner must also not determine particulars relating to whether an elector is a designated elector for the purposes of paragraph 185(4)(c) or subparagraph 189(2)(b)(iii) (Sections 185(4AA) and 189(2A)). The Act also establishes offences and penalties for breach. Under Section 327(1) of the Act 1918, as amended by the Act, any person who commits an offence of interference with political liberty is liable for imprisonment for up to 3 years, a penalty of 100 penalty units, or both (Section 327(1)). The Act provides that violence, obscene or discriminatory abuse, property damage, and harassment or stalking are examples of conduct that may be an offence under this subsection (Section 327(1)). The penalty for these offences is a maximum of 3 years imprisonment, a fine of up to 100 penalty units, or both.

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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.