Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
"Immigration Department" means the Department administered by the Minister who administers the Migration Act 1958 .
2 Subsection 4(1)
Insert:
"provisionally enrolled" has the meaning given by subsection (1B).
3 Subsection 4(1)
Insert:
"sentence of imprisonment" has the meaning given subsection (1A).
4 After subsection 4(1)
Insert:
(1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:
(a) the person is in detention on a full - time basis for an offence against a law of the Commonwealth or a State or Territory; and
(b) that detention is attributable to the sentence of imprisonment concerned.
(1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.
5 Subsection 17(2A)
Omit "305(1), 305A(1) or 309(4)", substitute "305A(1) or (1A)".
6 Section 38
Repeal the section, substitute:
38 Offices of Divisional Returning Officers
(1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.
(2) However, subsection (1) does not apply if:
(a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and
(b) either:
(i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or
(ii) the office is currently being relocated within the Division.
(3) A written authority given under subsection (1) is not a legislative instrument.
7 Application of item 6
The amendment made by item 6 applies to offices located after the commencement of this item.
8 Subsection 90B(4) (at the end of the table)
Add:
5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9).
|
9 Paragraph 90B(9)(b)
Omit "3 or 4", substitute "3, 4 or 5".
10 After subsection 91A(2B)
Insert:
(2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 .
11 At the end of subsection 91B(3)
Add "(other than information provided under item 5 of the table in subsection 90B(4) that is used for a permitted purpose)".
12 Subsection 92(1)
Omit "all police, statistical, and electoral officers in the service of any State or Territory,", substitute "a State or a Territory,".
13 Subsection 93(2)
Omit "(4) and (5)", substitute "(4), (5) and (8AA)".
14 Paragraph 93(8)(b)
Repeal the paragraph.
15 Subsection 93(8AA)
Repeal the subsection, substitute:
(8AA) A person who is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory is not entitled to vote at any Senate election or House of Representatives election.
Note: For the definition of sentence of imprisonment , see subsection 4(1A).
16 Application of items 14 and 15
The amendments made by items 14 and 15 apply to sentences beginning before, on or after the commencement of this item.
17 Paragraph 94A(2)(c)
Omit "subsection", substitute "subsections (2AA) and".
18 At the end of subsection 94A(2)
Add:
; and (e) must be supported by the evidence of the person's identity that is required by the regulations (but see subsection (2AB)).
19 After subsection 94A(2)
Insert:
(2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.
(2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.
20 Paragraph 94A(4)(a)
Omit "the day of the close of the Rolls", substitute "the date of the writ".
21 Paragraph 95(2)(c)
Omit "subsection", substitute "subsections (2AA) and".
22 At the end of subsection 95(2)
Add:
; and (d) supported by the evidence of the person's identity that is required by the regulations (but see subsection (2AB)).
23 After subsection 95(2)
Insert:
(2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.
(2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.
24 Subsection 95(4)
Omit "the day of the close of the Rolls", substitute "the date of the writ".
25 At the end of paragraph 96(2)(c)
Add "(but see subsection (2AA))".
26 At the end of subsection 96(2)
Add:
; and (d) supported by the evidence of the applicant's identity that is required by the regulations (but see subsection (2AB)).
27 After subsection 96(2)
Insert:
(2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.
(2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.
28 Subsection 96(4)
Omit "the day of the close of the Rolls", substitute "the date of the writ".
29 Before section 98
Insert:
(1) If regulations are made to implement a requirement of this Part or Part VII, in relation to identification for enrolment, the regulations must require the applicant for enrolment to:
(a) provide documentary evidence of his or her name by providing his or her driver's licence number; or
(b) if the applicant does not possess a driver's licence--show to an elector in a prescribed class of electors a prescribed kind of document that identifies the applicant; or
(c) otherwise--have the application countersigned by two electors who:
(i) can confirm the applicant's name; and
(ii) have known the applicant for at least one month.
(2) The regulations may impose additional requirements in relation to identification for enrolment.
30 At the end of paragraph 98(2)(c)
Add "(but see subsection (2AA))".
31 At the end of subsection 98(2)
Add:
; and (d) be supported by the evidence of the claimant's identity that is required by the regulations (but see subsection (2AB)).
32 After subsection 98(2)
Insert:
(2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.
(2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.
33 Paragraph 99A(4)(c)
After "handwriting", insert "(but see subsection (4A))".
34 At the end of subsection 99A(4)
Add:
; and (e) supported by the evidence of the claimant's identity that is required by the regulations (but see subsection (4B)).
35 After subsection 99A(4)
Insert:
(4A) The requirement in paragraph (4)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.
(4B) To avoid doubt, the requirement in paragraph (4)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.
36 After section 99A
Insert:
99B Provisional enrolment by applicant for citizenship
Application by those about to become Australian citizens
(1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:
(a) either:
(i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or
(ii) a writ for an election for the Subdivision has been issued; and
(b) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:
(i) the date of the writ; and
(ii) the polling day for the election; and
(c) the person is not enrolled; and
(d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.
Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre - poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).
Requirements for application
(2) An application must:
(a) be in the approved form; and
(b) be signed by the person (but see subsection (3)); and
(c) be made between the following times:
(i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;
(ii) 8 pm on the day of the close of the Rolls for the election; and
(d) in accordance with subsection (4), be supported by evidence of the Immigration Department's notification.
(3) A person may fill out and sign an application under this section, on behalf of another person (the applicant ), in accordance with the directions of the applicant if:
(a) the applicant wishes to make the application; and
(b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.
(4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department's notification if:
(a) all of the following apply:
(i) the original notification is shown to an officer;
(ii) the officer attests that he or she has sighted the notification;
(iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or
(b) all of the following apply:
(i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;
(ii) the elector attests that he or she has sighted the notification;
(iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.
Divisional Returning Officer to keep records
(5) If a person makes an application in accordance with this section, then:
(a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and
(b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.
Confirmation of citizenship
(6) If, by the first Friday following the polling day for the election, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:
(a) the provisional enrolment ceases; and
(b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and
(c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.
(7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person's provisional enrolment has ceased.
37 Paragraph 99B(1)(b)
Omit "be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 ", substitute "become an Australian citizen under the Australian Citizenship Act 2007 ".
38 Subsection 99B(6)
Omit "with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors", substitute "with evidence that the person has become an Australian citizen".
39 Subsection 102(1)
Omit "subsection (4)", substitute "subsections (4) and (4AA)".
40 Subsection 102(2A)
Omit "the day on which the Rolls for the election close", substitute "the date of the writ or writs for the election".
41 Subsection 102(4)
Repeal the subsection, substitute:
(4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period:
(a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and
(b) ending at the close of the polling at the election;
then the claim must not be considered until after the end of the period.
(4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period:
(a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and
(b) ending at the close of the polling at the election;
then the claim must not be considered until after the end of the period.
(4AB) A claim that is taken, by subsection 100(2), to be made under section 101:
(a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period:
(i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and
(ii) ending at the end of the polling day for the election; and
(b) otherwise--is to be treated in accordance with subsection (4).
42 Paragraph 102(4A)(a)
After "(4)", insert "or (4AA) (as the case requires)".
43 Subparagraph 102(4A)(b)(ii)
After "(4)", insert "or (4AA) (as the case requires)".
44 Subsection 102(4B)
Omit "subsection (4)" (first occurring), substitute "subsections (4) and (4AA)".
45 Paragraphs 102(4B)(a) and (b)
After "(4)", insert "or (4AA) (as the case requires)".
46 Paragraphs 105(1)(b) and (ba)
Repeal the paragraphs.
47 Subsection 105(1A)
Omit "(1)(ba) or (h)", substitute "(1)(h)".
48 Subsection 105(3A)
Repeal the subsection.
49 Subsection 105(4)
Repeal the subsection, substitute:
(4) If a vote is:
(a) admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or
(b) admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act;
the Divisional Returning Officer for the relevant Division must enter the elector's name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared.
50 Section 109
Repeal the section, substitute:
109 Lists of convictions to be forwarded
(1) The Controller - General of Prisons must, as soon as practicable after the beginning of each month, forward to the Australian Electoral Officer a list of:
(a) the names, addresses, occupations and sexes of all persons who:
(i) were convicted in the State; and
(ii) began serving a sentence of imprisonment for any offence; and
(b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;
during the preceding month.
Note: For the definition of sentence of imprisonment , see subsection 4(1A).
(2) Within 4 days of the date of the writ for an election for a Division in a State, the Controller - General of Prisons must forward to the Australian Electoral Officer a list of:
(a) the names, addresses, occupations and sexes of all persons who:
(i) were convicted in the State; and
(ii) began serving a sentence of imprisonment for any offence; and
(b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;
between the time the last list was forwarded by the Controller - General under subsection (1) and the date of the writ.
51 Subsection 118(5)
Omit "the close of the Rolls", substitute "8 pm on the date of the writ".
52 Section 155
Repeal the section, substitute:
(1) The date fixed for the close of the Rolls is the third working day after the date of the writ.
Note: However, generally names are not added to or removed from the Rolls after the date of the writ.
(2) In this section:
"working day" means any day except:
(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in any State or Territory.
53 Paragraph 170(3)(a)
Omit "$700", substitute "$1,000".
54 Paragraph 170(3)(b)
Omit "$350", substitute "$500".
55 Section 182
Before "In this", insert "(1)".
56 At the end of section 182
Add:
(2) In this Part (other than in sections 184A to 186) and in Schedule 3:
(a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 183(2); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
57 Section 183
Before "An elector", insert "(1)".
58 At the end of section 183
Add:
(2) A person who is provisionally enrolled may apply for a postal vote.
59 Section 200A
Before "An elector", insert "(1)".
60 At the end of section 200A
Add:
(2) A person who is provisionally enrolled may apply for a pre - poll vote.
(3) In this Part and in Schedule 3:
(a) a reference to an elector includes a reference to a person who has applied for a pre - poll vote under subsection (2); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
61 At the end of subsection 208(2)
Add:
; and (c) is not covered by subsection 93(8AA) (sentences of imprisonment).
62 Subsection 221(3)
After "polling in the election", insert ", or a person who is covered by subsection 93(8AA) (sentences of imprisonment)".
63 After subsection 222(1)
Insert:
(1A) On polling day a person who is provisionally enrolled is entitled to vote as an absent voter, on making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).
(1B) In this Part (other than section 245) and in Schedule 3:
(a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
64 Subsection 222(2)
Omit "subsection (1)", substitute "subsections (1) and (1A)".
65 Subsection 222(3)
After "subsection (1)", insert "or (1A)".
66 Subsection 226A(1) (note)
After "93(8)", insert ", (8AA)".
67 Subsection 232(2)
After "subsection 222(1)", insert "or (1A)".
68 Subsection 233(2)
After "subsection 222(1)", insert "or (1A)".
69 Paragraphs 234(4)(a) and 234A(8)(a)
After "subsection 222(1)", insert "or (1A)".
70 At the end of subsection 235(1)
Add:
; or (e) the person is provisionally enrolled.
71 After subsection 235(1)
Insert:
(1A) In this Part (other than section 245) and in Schedule 3:
(a) a reference to an elector includes a reference to a person who casts a provisional vote under paragraph (1)(e); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
(1B) A person to whom this section applies (other than a person to whom subsection 104(4) applies) may cast a provisional vote on the polling day for an election if the person provides the evidence of the person's identity that is required by the regulations either:
(a) at the time the person casts the provisional vote; or
(b) by the first Friday following the polling day.
Note: The regulations are made under subsection (9).
72 At the end of section 235
Add:
Regulations
(9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person's name by showing either of the following to an officer:
(a) the person's driver's licence;
(b) a prescribed kind of document that identifies the person.
(10) The regulations may impose additional requirements in relation to identification for provisional voting.
73 At the end of paragraph 268(1)(e)
Add "or (1A)".
74 Subsection 287(1) (definition of associated entity )
Repeal the definition, substitute:
"associated entity" means:
(a) an entity that is controlled by one or more registered political parties; or
(b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or
(c) an entity that is a financial member of a registered political party; or
(d) an entity on whose behalf another person is a financial member of a registered political party; or
(e) an entity that has voting rights in a registered political party; or
(f) an entity on whose behalf another person has voting rights in a registered political party.
75 Subsection 287(1) (definition of broadcaster )
Repeal the definition.
76 Subsection 287(1) (paragraph (f) of the definition of disclosure period )
Omit "305(1) or 305A(1)", substitute "305A(1) or (1A)".
77 Subsection 287(1)
Insert:
"financial member" , in relation to a registered political party, means a person or entity that pays an annual subscription to the party.
78 Section 305
Repeal the section.
79 Subsections 305A(1), (2) and (3)
Repeal the subsections, substitute:
(1) A person must provide a return in accordance with this section if:
(a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and
(b) the total amount or value of the gift or gifts was:
(i) equal to or more than the amount prescribed for the purposes of this paragraph; or
(ii) if no amount is prescribed--more than $10,000; and
(c) at the time the person makes the gift or gifts the person is not:
(i) a registered political party; or
(ii) a State branch of a registered political party; or
(iii) an associated entity; or
(iv) a candidate in an election; or
(v) a member of a group.
Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(1A) A person must provide a return in accordance with this section if:
(a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any person or body (whether incorporated or not) specified, by legislative instrument, by the Electoral Commission; and
(b) the total amount or value of the gift or gifts was:
(i) equal to or more than the amount prescribed for the purposes of this paragraph; or
(ii) if no amount is prescribed--more than $10,000; and
(c) at the time the person makes the gift or gifts the person is not:
(i) a registered political party; or
(ii) a State branch of a registered political party; or
(iii) an associated entity; or
(iv) a candidate in an election; or
(v) a member of a group.
Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(2) The person must provide to the Electoral Commission a return setting out the required details of:
(a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and
(b) all gifts of more than $10,000, received by the person at any time, that the person used during the period (either wholly or partly):
(i) to enable the person to make the gifts mentioned in paragraph (a); or
(ii) to reimburse the person for making such gifts.
Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(2A) For the purposes of subsection (2), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.
(3) The return must:
(a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election; and
(b) be in the approved form.
Note: The headings to sections 305A and 305B are altered by omitting " Donations " and substituting " Gifts ".
80 Paragraph 308(1)(e)
After "section 328", insert ", 328A".
81 Subsections 309(4) and (5)
Repeal the subsections.
82 Sections 310 and 311
Repeal the sections.
83 Division 5A of Part XX (heading)
Repeal the heading, substitute:
Division 5A -- Annual returns by registered political parties and other persons
84 After section 314AEA
Insert:
314AEB Annual returns relating to political expenditure
(1) A person must provide a return for a financial year in accordance with this section if:
(a) the person incurred expenditure for any of the following purposes during the year, by or with his or her own authority:
(i) the public expression of views on a political party, a candidate in an election or a member of the House of Representatives or the Senate by any means;
(ii) the public expression of views on an issue in an election by any means;
(iii) the printing, production, publication or distribution of any material (not being material referred to in subparagraph (i) or (ii)) that is required under section 328 or 328A to include a name, address or place of business;
(iv) the broadcast of political matter in relation to which particulars are required to be announced under subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992 ;
(v) the carrying out of an opinion poll, or other research, relating to an election or the voting intentions of electors; and
(b) the amount of the expenditure incurred was more than $10,000; and
(c) at the time the person gave the authority the person was not:
(i) a registered political party; or
(ii) a State branch of a registered political party; or
(iii) the Commonwealth (including a Department of the Commonwealth, an Executive Agency or a Statutory Agency (within the meaning of the Public Service Act 1999 )); or
(iiia) a member of the House of Representatives or the Senate; or
(iv) a candidate in an election; or
(v) a member of a group.
Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(2) The person must provide to the Electoral Commission a return for the financial year setting out details of the expenditure incurred.
(3) The return must:
(a) be provided before the end of 20 weeks after the end of the financial year; and
(b) be in the approved form.
314AEC Annual returns relating to gifts received for political expenditure
(1) A person must provide a return for a financial year in accordance with this section if:
(a) the person is required to provide a return for the year under section 314AEB; and
(b) the person received a gift or gifts, at any time, that the person used during the year (either wholly or partly):
(i) to enable the person to incur expenditure for a purpose mentioned in paragraph 314AEB(1)(a); or
(ii) to reimburse the person for incurring expenditure for such a purpose; and
(c) the amount of at least one such gift was more than $10,000.
Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(2) The person must provide to the Electoral Commission a return for the financial year setting out the following details in respect of each gift of more than $10,000 that is mentioned in paragraph (1)(b):
(a) the amount of the gift;
(b) the date on which the gift was made;
(c) in the case of a gift made on behalf of the members of an unincorporated association (other than a registered industrial organisation):
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association;
(d) in the case of a gift purportedly made out of a trust fund, or out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund, or of the funds of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;
(e) in any other case--the name and address of the person who made the gift.
Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(3) The return must:
(a) be provided before the end of 20 weeks after the end of the financial year; and
(b) be in the approved form.
(4) For the purposes of subsection (2), 2 or more gifts made, during the financial year, by the same person to another person are taken to be one gift.
85 Application of item 84
The amendment made by item 84 applies to the 2006 - 07 financial year and later financial years.
86 Section 318A
Repeal the section.
87 After section 328
Insert:
328A Publication of electoral advertisements on the Internet
(1) A person commits an offence if:
(a) either:
(i) the person publishes an electoral advertisement on the Internet; or
(ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and
(b) the electoral advertisement is intended to affect voting in an election; and
(c) the electoral advertisement is paid for by the person or another person; and
(d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.
Penalty: 10 penalty units.
(2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection (1) .
(4) In this section:
"address" of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.
88 Subsection 351(5)
After "section 328", insert "or 328A".
89 After paragraph 385A(1)(a)
Insert:
(aa) an electoral advertisement published on the Internet that includes a statement that it was authorised by a specified person is admissible as evidence of that fact; and
90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3
Add "and".
91 After subparagraph 6(c) of Schedule 3
Insert:
(ca) in the case of an envelope purporting to contain a provisional vote ballot - paper--if the elector (other than an elector to whom subsection 104(4) applies) did not provide evidence of his or her identity in accordance with section 235 at the time of casting the vote, the elector has provided that evidence by the first Friday following the polling day for that election; and
(cb) in the case of an envelope purporting to contain a postal ballot - paper, a pre - poll vote ballot - paper, an absent vote ballot - paper or a provisional vote ballot - paper, cast by an elector who is provisionally enrolled--that, by the first Friday following the polling day for that election, the elector has provided an officer with:
(i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 ; or
(ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and
92 Subparagraph 6(cb) of Schedule 3
Omit all the words from and including "an officer", substitute "an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007 ; and ".
93 Subparagraph 10(b) of Schedule 3
Omit "or 13A".
94 Subparagraph 10(ba) of Schedule 3
Repeal the paragraph.
95 Subparagraph 11(b) of Schedule 3
Omit "or 13A".
96 At the end of paragraph 12 of Schedule 3
Add:
; and (iii) that the omission was not attributable to subsection 118(4A).
97 Paragraphs 13A to 13D of Schedule 3
Repeal the paragraphs.
98 Paragraph 14 of Schedule 3
Omit "paragraphs 13, 13B and 13D", substitute "paragraph 13".
99 Paragraph 19 of Schedule 3
Omit "10(ba) or (c)", substitute "10(c)".
Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004
100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30)
Repeal the items.
101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1
Repeal the items.
Referendum (Machinery Provisions) Act 1984
102 Subsection 3(1)
Insert:
"provisionally enrolled" has the meaning given by subsection (1A).
103 After subsection 3(1)
Insert:
(1A) A person is provisionally enrolled if:
(a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918 ; or
(b) the person is provisionally enrolled under section 38 of this Act.
104 Paragraph 4(2)(a)
Repeal the paragraph, substitute:
(a) claims for enrolment under section 101 of the Commonwealth Electoral Act 1918 (other than claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act) that are received during the period:
(i) beginning at 8 pm on the day of the issue of the writ for a referendum; and
(ii) ending on the close of voting at the referendum;
must not be considered until after the end of the period; and
(aa) claims for transfer of enrolment under section 101 of the Commonwealth Electoral Act 1918 , and claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act, that are received during the period:
(i) beginning at 8 pm on the day for which the Rolls for a referendum close; and
(ii) ending on the close of voting at the referendum;
must not be considered until after the end of the period; and
105 Paragraph 4(2)(b)
Omit "the close of the Rolls", substitute "the day of the issue of the writ".
106 At the end of section 4
Add:
(3) A claim that is taken, by subsection 100(2) of the Commonwealth Electoral Act 1918 , to be made under section 101 of that Act:
(a) is to be treated in accordance with paragraph (2)(aa) if the claim is made by a person who will turn 18 years old during the period:
(i) beginning at 8 pm on the day of the issue of the writ for a referendum; and
(ii) ending at the end of the voting day for the referendum; and
(b) otherwise--is to be treated in accordance with paragraph (2)(a).
107 Subsection 9(1)
Omit "7 days", substitute "3 working days".
108 At the end of section 9
Add:
(3) In this section:
"working day" means any day except:
(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in any State or Territory.
109 Subsection 34(2)
After "subsection 46(1)", insert "or (1A)".
110 Paragraphs 36(4)(a) and 36A(8)(a)
After "46(1)", insert "or (1A)".
111 At the end of subsection 37(1)
Add:
; or (e) the person is provisionally enrolled.
112 After subsection 37(1)
Insert:
(1A) In this Part (other than section 45) and in Schedule 4:
(a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.
(1B) A person to whom this section applies (other than a person to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) may cast a provisional vote on the voting day for a referendum if the person provides the evidence of the person's identity that is required by the regulations either:
(a) at the time the person casts the provisional vote; or
(b) by the first Friday following the voting day.
Note: The regulations are made under subsection (9).
113 At the end of section 37
Add:
Regulations
(9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person's name by showing either of the following to an officer:
(a) the person's driver's licence;
(b) a prescribed kind of document that identifies the person.
(10) The regulations may impose additional requirements in relation to identification for provisional voting.
114 After section 37
Insert:
38 Provisional enrolment by applicant for citizenship
Application by those about to become Australian citizens
(1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:
(a) either:
(i) a public announcement has been made of the proposed voting day for a referendum; or
(ii) a writ for a referendum has been issued; and
(b) the voting day for the referendum is not the same as that fixed for the polling at an election; and
(c) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:
(i) the day of the issue of writ; and
(ii) the voting day for the referendum; and
(d) the person is not enrolled; and
(e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.
Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre - poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the voting day (see paragraph 6 of Schedule 4).
Note 2: A person may make a similar application under section 99B of the Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election.
Requirements for application
(2) An application must:
(a) be in the approved form; and
(b) be signed by the person (but see subsection (3)); and
(c) be made between the following times:
(i) the earlier of the public announcement of the proposed voting day for the referendum and the day of the issue of the writ;
(ii) 8 pm on the day of the close of the Rolls for the referendum; and
(d) in accordance with subsection (4), be supported by evidence of the Immigration Department's notification.
(3) A person may fill out and sign an application under this section, on behalf of another person (the applicant ), in accordance with the directions of the applicant if:
(a) the applicant wishes to make the application; and
(b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.
(4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department's notification if:
(a) all of the following apply:
(i) the original notification is shown to an officer;
(ii) the officer attests that he or she has sighted the notification;
(iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or
(b) all of the following apply:
(i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;
(ii) the elector attests that he or she has sighted the notification;
(iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.
Divisional Returning Officer to keep records
(5) If a person makes an application in accordance with this section, then:
(a) the person is provisionally enrolled under this section for the Subdivision for which the person would be provisionally enrolled if he or she had made an application under section 99B of the Commonwealth Electoral Act 1918 ; and
(b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.
Confirmation of citizenship
(6) If, by the first Friday following the voting day for the referendum, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:
(a) the provisional enrolment ceases; and
(b) the application is taken to be a claim under the Commonwealth Electoral Act 1918 for enrolment for the Subdivision mentioned in paragraph (5)(a); and
(c) sections 102, 103 and 104 of the Commonwealth Electoral Act 1918 apply to the application as if it were a claim made under section 101 of that Act.
(7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person's provisional enrolment has ceased.
115 Paragraph 38(1)(c)
Omit "be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 ", substitute "become an Australian citizen under the Australian Citizenship Act 2007 ".
116 Subsection 38(6)
Omit "with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors", substitute "with evidence that the person has become an Australian citizen".
117 After subsection 46(1)
Insert:
(1A) On voting day for a referendum, a person who is provisionally enrolled is entitled to vote as an absent voter, after making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).
(1B) In this Part (other than section 45) and in Schedule 4:
(a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
118 Subsection 46(2)
Omit "subsection (1)", substitute "subsections (1) and (1A)".
119 Subsection 46(3)
After "subsection (1)", insert "or (1A)".
120 Paragraph 46(9)(a)
After "222(1)", insert "or (1A)".
121 Paragraph 46(9)(a)
After "subsection (1)", insert "or (1A) (as the case requires)".
122 Section 53
Before "In this", insert "(1)".
123 At the end of section 53
Add:
(2) In this Part and in Schedule 4:
(a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 54(2); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
124 Section 54
Before "An elector", insert "(1)".
125 At the end of section 54
Add:
(2) A person who is provisionally enrolled may apply for a postal vote.
126 Section 72
Before "An elector", insert "(1)".
127 At the end of section 72
Add:
(2) A person who is provisionally enrolled may apply for a pre - poll vote.
(3) In this Part and in Schedule 4:
(a) a reference to an elector includes a reference to a person who has applied for a pre - poll vote under subsection (2); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.
128 Part IX
Repeal the Part.
129 After section 121
Insert:
121A Publication of advertisements on the Internet
(1) A person commits an offence if:
(a) either:
(i) the person publishes an advertisement relating to a referendum on the Internet; or
(ii) the person causes, permits or authorises an advertisement relating to a referendum to be published on the Internet; and
(b) the advertisement is intended to affect voting in the referendum; and
(c) the advertisement is paid for by the person or another person; and
(d) the name and address of the person who authorised the advertisement does not appear at the end of the advertisement.
Penalty: 10 penalty units.
(2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection (1) .
(4) In this section:
"address" of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.
130 Section 136
Repeal the section.
131 At the end of subparagraphs 6(a), (b) and (c) of Schedule 4
Add "and".
132 After subparagraph 6(c) of Schedule 4
Insert:
(ca) in the case of an envelope purporting to contain a provisional vote ballot - paper--if the elector (other than an elector to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) did not provide evidence of his or her identity in accordance with section 37 at the time of casting the vote, the elector has provided that evidence by the first Friday following the voting day for that referendum; and
(cb) in the case of an envelope purporting to contain a postal ballot - paper, a pre - poll vote ballot - paper, an absent vote ballot - paper or a provisional vote ballot - paper, cast by an elector who is provisionally enrolled--that, by the first Friday following the polling day for that election, the elector has provided an officer with:
(i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 ; or
(ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and
133 Subparagraph 6(cb) of Schedule 4
Omit all the words from and including "an officer", substitute "an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007 ".
134 Subparagraph 10(b) of Schedule 4
Omit "or 12A".
135 Subparagraph 10(ba) of Schedule 4
Repeal the paragraph.
136 At the end of paragraph 11 of Schedule 4
Add:
; and (iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918 .
137 Paragraphs 12A to 12D of Schedule 4
Repeal the paragraphs.
138 Paragraph 13 of Schedule 4
Omit "paragraphs 12, 12B and 12D", substitute "paragraph 12".
139 Paragraph 17 of Schedule 4
Omit "10(a), (b) or (ba)", substitute "10(a) or (b)".