Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Printed and electronic copies of rolls etc.
Commonwealth Electoral Act 1918
1 Section 89
Repeal the section.
2 Subsection 90B(1) (cell at table item 2, column headed "Information to be given")
Repeal the cell, substitute:
a copy of the Roll for each State and Territory |
3 Subsection 90B(1) (cell at table item 8, column headed "Information to be given")
Repeal the cell, substitute:
3 copies of the Roll for the State or Territory |
4 Subsection 90B(1) (cell at table item 12, column headed "Information to be given")
Repeal the cell, substitute:
3 copies of the Roll for the Division for which the member is elected |
5 After subsection 90B(3)
Insert:
Giving parliamentarians electronic copies on request
(3A) On request by the Senator or member of the House of Representatives to whom item 7, 9, 11 or 13 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant certified list; and
(b) if the Senator or member requests 1 or 2 other copies of the list, that number of other copies of the list.
(3B) On request by the Senator or member of the House of Representatives to whom item 8 or 12 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant Roll; and
(b) if the Senator or member requests 1 or 2 other copies of that Roll, that number of other copies of that Roll.
(3C) On request by the Senator or member of the House of Representatives to whom item 10, 14 or 15 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member an electronic copy of the relevant Roll.
(3D) Subsections (3A), (3B) and (3C) do not limit the operation of subsections 90(1) and (2) or the Electronic Transactions Act 1999 in relation to subsection (1) of this section.
Part 2 -- Electronic lists of voters
Division 1--Amendments commencing on the day after Royal Assent is given
Commonwealth Electoral Act 1918
6 Subsection 4(1)
Insert:
"approved list" of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
7 At the end of paragraph 203(1)(b)
Add "and approved lists of voters".
8 After section 208
Insert:
(1) The Electoral Commissioner may arrange for the preparation of an approved list of voters for a Division.
(2) If the Electoral Commissioner thinks an approved list of voters for a Division should be available for an officer to use in connection with voting under this Act, the Electoral Commissioner must arrange for the list to be made available to the officer in time for that use.
9 Subsection 229(4)
After "certified list of voters", insert "or an approved list of voters for the relevant Division".
10 Section 230
After "certified list of voters", insert "or an approved list of voters".
11 Paragraph 231(1)(a)
After "certified list of voters", insert "or an approved list of voters".
12 Subsection 232(1)
Repeal the subsection, substitute:
(1) Immediately after handing a ballot paper to a person whose name is on the certified list of voters, or an approved list of voters, available at a polling place, the presiding officer or a polling official at the place must:
(a) place a mark against the person's name on the certified list; or
(b) record electronically against the approved list the fact that the person has been handed a ballot paper.
13 Paragraphs 235(1)(a), (b) and (c)
After "certified list of voters", insert ", or an approved list of voters,".
14 Paragraph 235(1)(d)
After "certified list of voters", insert ", or a record against an approved list of voters,".
15 Subsection 285(1)
Omit ", or certified list of voters,", substitute ", certified list of voters or approved list of voters".
16 After paragraph 393A(1)(b)
Insert:
(ba) approved lists of voters; and
17 Subsections 393A(4) and (5)
After "electoral documents", insert "(except approved lists of voters)".
Referendum (Machinery Provisions) Act 1984
18 Subsection 3(1)
Insert:
"approved list" of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
19 At the end of paragraph 17(1)(b)
Add "and approved lists of voters".
20 After section 22
Insert:
(1) The Electoral Commissioner may arrange for the preparation of an approved list of voters for a Division.
(2) If the Electoral Commissioner thinks an approved list of voters for a Division should be available for an officer to use in connection with voting under this Act, the Electoral Commissioner must arrange for the list to be made available to the officer in time for that use.
21 Paragraph 23(c)
After "certified lists of voters", insert "and approved lists of voters".
22 Subsection 30(4)
After "certified list of voters", insert "or an approved list of voters for the relevant Division".
23 Paragraph 32(1)(a)
Omit "or from a certified list of voters", substitute ", a certified list of voters or an approved list of voters".
24 Paragraph 32(1)(b)
Omit "or in a certified list of voters", substitute ", a certified list of voters or an approved list of voters".
25 Paragraph 33(1)(a)
After "certified list of voters", insert "or an approved list of voters".
26 Subsection 34(1)
Repeal the subsection, substitute:
(1) Immediately after handing a ballot paper to a person who claims to vote at a polling place and whose name is on the certified list of voters, or an approved list of voters, available at the polling place, the presiding officer or a polling official at the polling place must:
(a) place a mark against the person's name on the certified list; or
(b) record electronically against the approved list the fact that the person has been handed a ballot paper.
27 Subsection 34(3)
Repeal the subsection, substitute:
(3) If the voting day for a referendum is the same as that fixed for the polling at an election:
(a) the requirement in subsection (1) of this section is taken to have been met in relation to a person if the requirement in subsection 232(1) of the Commonwealth Electoral Act 1918 has been met in relation to the person; and
(b) the requirements in subsection (2) of this section are taken to have been met in relation to a person if the requirements in subsection 232(2) of the Commonwealth Electoral Act 1918 have been met in relation to the person.
28 Paragraphs 37(1)(a), (b) and (c)
After "certified list of voters", insert ", or an approved list of voters,".
29 Paragraph 37(1)(d)
After "certified list of voters", insert ", or a record against an approved list of voters,".
30 After paragraph 142A(1)(b)
Insert:
(ba) approved lists of voters; and
31 Subsections 142A(3) and (4)
After "referendum documents", insert "(except approved lists of voters)".
Division 2--Amendments with contingent commencement
Commonwealth Electoral Act 1918
32 At the end of subsection 200DD(4)
Add "or an approved list of voters for the Division is available to an officer at the place (see subsection 208A(2))".
33 Paragraph 200DG(1)(b)
After "certified list of voters", insert ", or on an approved list of voters,".
34 Paragraph 200DG(1)(b)
After "delivered to", insert ", or is available to an officer at,".
35 Paragraphs 200DG(2)(c) and (d)
After "certified list of voters", insert ", or on an approved list of voters,".
36 Paragraph 200DG(2)(e)
After "certified list of voters", insert ", or a record against an approved list of voters,".
37 Subsection 200DI(2)
After "certified list of voters", insert ", or on an approved list of voters,".
38 Subsection 200DJ(3)
Repeal the subsection, substitute:
(3) Immediately after giving the ballot paper to the voter, the issuing officer must:
(a) place a mark against the person's name on a copy of the certified list of voters for the voter's Division; or
(b) record electronically against an approved list of voters for the voter's Division the fact that the voter has been given a ballot paper.
Referendum (Machinery Provisions) Act 1984
39 At the end of subsection 73CD(4)
Add "or an approved list of voters for the Division is available to an officer at the place (see subsection 22A(2))".
40 Paragraph 73CG(1)(b)
After "certified list of voters", insert ", or on an approved list of voters,".
41 Paragraph 73CG(1)(b)
After "delivered to", insert ", or is available to an officer at,".
42 Paragraphs 73CG(2)(c) and (d)
After "certified list of voters", insert ", or on an approved list of voters,".
43 Paragraph 73CG(2)(e)
After "certified list of voters", insert ", or a record against an approved list of voters,".
44 Subsection 73CI(2)
After "certified list of voters", insert ", or on an approved list of voters,".
45 Subsection 73CJ(3)
Repeal the subsection, substitute:
(3) Immediately after giving the ballot paper to the voter, the issuing officer must:
(a) place a mark against the person's name on a copy of the certified list of voters for the voter's Division; or
(b) record electronically against an approved list of voters for the voter's Division the fact that the voter has been given a ballot paper.
Commonwealth Electoral Act 1918
46 Paragraph 209A(b)
Repeal the paragraph, substitute:
(b) a feature of the ballot paper approved by the Electoral Commissioner.
47 At the end of subsection 268(2)
Add "and the officer has endorsed the ballot paper with the words 'I am satisfied that this ballot paper is an authentic ballot paper on which a voter has marked a vote.'".
Referendum (Machinery Provisions) Act 1984
48 Paragraph 25A(b)
Repeal the paragraph, substitute:
(b) a feature of the ballot paper approved by the Electoral Commissioner.
49 At the end of subsection 93(3)
Add "and the officer has endorsed the ballot paper with the words 'I am satisfied that this ballot paper is an authentic ballot paper on which a voter has marked a vote.'".