Commonwealth Consolidated Acts Commonwealth Consolidated ActsCommonwealth Electoral Act 1918
1 Subsection 4(1) (at the end of the definition of officer )
Add ", and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under subsection 28(2)".
2 Section 28
Before "The", insert "(1)".
3 At the end of section 28
Add:
Delegation of enrolment powers and functions
(2) The Electoral Commissioner may, in writing, delegate all or any of his or her enrolment powers and functions to any of the following:
(a) any officer;
(b) any other member of the staff of the Electoral Commission.
Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.
(3) In exercising powers or performing functions delegated under subsection (2), the delegate must comply with any directions of the Electoral Commissioner.
(4) In subsection (2):
"enrolment powers and functions" means the powers and functions of the Electoral Commissioner under the following provisions:
(a) sections 86 and 87;
(b) the provisions of Parts VII, VIII, IX and X;
(c) sections 184A to 185C;
(d) section 249.
4 Subsection 86(3)
Omit "relevant officer" (wherever occurring), substitute "Electoral Commissioner".
5 Subsection 86(4)
Repeal the subsection.
6 Section 87
Omit all the words from and including "Upon" to and including "shall:", substitute "If a new Roll for a Subdivision is prepared, the Electoral Commissioner must:".
7 Subsection 93A(2)
Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner".
8 Subsection 93A(2)
Omit "Divisional Returning Officer or Australian Electoral Officer" (second occurring), substitute "Electoral Commissioner".
9 Subsection 93A(3)
Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner".
10 Subsection 93A(4)
Omit "A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person's name in a Roll", substitute "If the Electoral Commissioner decides under this section to refuse to include a person's name in a Roll, the Electoral Commissioner".
11 Subsection 94(1)
Omit "Divisional Returning Officer for that Division", substitute "Electoral Commissioner".
12 Paragraph 94(2)(a)
Omit "Divisional Returning Officer", substitute "Electoral Commissioner".
13 Subsection 94(4)
Omit "Divisional Returning Officer for a Division", substitute "Electoral Commissioner".
14 Subsection 94(4)
Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner".
15 Subsection 94(5)
Omit "Divisional Returning Officer to whom the application was made", substitute "Electoral Commissioner".
16 Subsection 94(8)
Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner".
17 Subsection 94(8)
Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner".
18 Subsection 94(9)
Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner".
19 Subsection 94(9)
Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner".
20 Subsection 94(11)
Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner".
21 Subsection 94(14)
Omit "Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (2) has been made", substitute "Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (2) and the Electoral Commissioner".
22 Subsection 94(14)
Omit "DRO", substitute "Electoral Commissioner".
23 Paragraph 94(15)(a)
Omit "Divisional Returning Officer to whom the application was made", substitute "Electoral Commissioner".
24 Paragraph 94(15)(a)
Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner".
25 Subsection 94A(1)
Omit "Australian Electoral Officer for a State for enrolment for a Subdivision in that State", substitute "Electoral Commissioner for enrolment for a Subdivision".
26 Paragraph 94A(2A)(b)
Omit "Australian Electoral Officer", substitute "Electoral Commissioner".
27 Subsection 94A(3)
Omit "Australian Electoral Officer must cause the person's name to be added", substitute "Electoral Commissioner must add the person's name".
28 Paragraph 94A(4)(a)
Omit "an Australian Electoral Officer", substitute "the Electoral Commissioner".
29 Subsection 94A(5)
Omit "Australian Electoral Officer", substitute "Electoral Commissioner".
30 Paragraph 94A(5)(b)
Omit "Australian Electoral Officer's", substitute "Electoral Commissioner's".
31 Subsection 94A(6)
Omit "Australian Electoral Officer must forward the application to the relevant Divisional Returning Officer, who", substitute "Electoral Commissioner".
32 Subsection 95(1)
Omit "Divisional Returning Officer for the Division that includes the relevant Subdivision", substitute "Electoral Commissioner".
33 Subsection 95(1)
Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner".
34 Paragraph 95(2A)(b)
Omit "Divisional Returning Officer", substitute "Electoral Commissioner".
35 Subsection 95(4)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
36 Subsection 95(4)
Omit "the Division", substitute "a Division".
37 Subsection 95(4)
After "Subdivision", insert "of that Division".
38 Subsection 95(5)
Omit "Divisional Returning Officer", substitute "Electoral Commissioner".
39 Paragraph 95(5)(c)
Omit "Divisional Returning Officer's", substitute "Electoral Commissioner's".
40 Subsection 95(6)
Omit "Divisional Returning Officer to whom the application under subsection (1) to be treated as an eligible overseas elector was made", substitute "Electoral Commissioner".
41 Subsection 95(8)
Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner".
42 Subsection 95(8)
Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner".
43 Subsection 95(9)
Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner".
44 Subsection 95(9)
Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner".
45 Subsection 95(11)
Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner".
46 Subsection 95(14)
Omit "Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (1) has been made", substitute "Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (1) and the Electoral Commissioner".
47 Subsection 95(14)
Omit "DRO", substitute "Electoral Commissioner".
48 Paragraph 95(15)(a)
Omit "Divisional Returning Officer to whom the application was made", substitute "Electoral Commissioner".
49 Paragraph 95(15)(a)
Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner".
50 Section 95AB
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
51 Subsection 95AC(1)
Omit "A Divisional Returning Officer who, under section 95AA, causes the name of a person to be added to the Roll", substitute "If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under section 95AA, the Electoral Commissioner".
52 Subsection 95AC(2)
Repeal the subsection, substitute:
(2) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors to whom an annotation under subsection (1) applies. Upon completion of the review, the Electoral Commissioner may make such alterations to the Roll as he or she thinks necessary to ensure that persons on that Roll under section 95AA are entitled to be so.
53 Subsection 96(1)
Omit "Australian Electoral Officer for a State for enrolment under this section for a Subdivision in that State", substitute "Electoral Commissioner for enrolment under this section for a Subdivision".
54 Subsection 96(2A)
Omit "Australian Electoral Officer shall cause the name of the applicant to be added", substitute "Electoral Commissioner must add the name of the applicant".
55 Subsection 96(2B)
Omit "Australian Electoral Officer", substitute "Electoral Commissioner".
56 Subsection 96(4)
Omit "an Australian Electoral Officer", substitute "the Electoral Commissioner".
57 Subsection 96(5)
Omit "an Australian Electoral Officer", substitute "the Electoral Commissioner".
58 Subsection 96(5)
Omit "Australian Electoral Officer" (second occurring), substitute "Electoral Commissioner".
59 Subsection 96(6)
Repeal the subsection, substitute:
(6) If the Electoral Commissioner refuses an application made by a person under subsection (1), the notice under subsection (5) must also include notice of the person's right to apply for review under Part X.
60 Subsection 96(7)
Omit "Australian Electoral Officer to whom the application under subsection (1) was made", substitute "Electoral Commissioner".
61 Subsection 96(10)
Omit "Where the Australian Electoral Officer who has caused the name of a person to be added to the Roll for a Subdivision of a Division under this section", substitute "If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner".
62 Paragraphs 96(10)(a) and (b)
Repeal the paragraphs, substitute:
(a) if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division--cancel the annotation made in relation to the person under subsection (2B); or
(b) in any other case--cancel the enrolment of the person on the Roll for the Subdivision.
63 Paragraph 96(11)(a)
Repeal the paragraph, substitute:
(a) where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event--the Electoral Commissioner must not add the name to the Roll under this section or make the annotation; or
64 Section 97
Repeal the section, substitute:
97 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
65 Subsection 98A(2)
Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner".
66 Subsection 98A(2)
Omit "Divisional Returning Officer or Australian Electoral Officer" (second occurring), substitute "Electoral Commissioner".
67 Subsection 98A(3)
Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner".
68 Subsection 98A(4)
Omit "A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person's name in a Roll", substitute "If the Electoral Commissioner decides under this section to refuse to include a person's name in a Roll, the Electoral Commissioner".
69 Subparagraph 99A(4)(d)(ii)
Omit "any Australian Electoral Officer or DRO", substitute "the Electoral Commissioner".
70 Subsection 99B(1)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
71 Paragraph 99B(5)(b)
Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner".
Note: The heading to subsection 99B(5) is altered by omitting " Divisional Returning Officer " and substituting " Electoral Commissioner ".
72 Subsection 99B(7)
Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner".
73 Subsection 100(1)
Omit "any Divisional Returning Officer or Australian Electoral Officer", substitute "the Electoral Commissioner".
74 Subsections 101(1) and (1A)
Omit "any Divisional Returning Officer or Australian Electoral Officer", substitute "the Electoral Commissioner".
75 Subsections 101(2) and (3)
Repeal the subsections.
76 Subsection 101(4)
Omit "a Divisional Returning Officer or an Australian Electoral Officer", substitute "the Electoral Commissioner".
77 Subsection 101(5)
Omit "Divisional Returning Officer for the Division that includes that Subdivision", substitute "Electoral Commissioner".
78 Subsection 101(7)
Omit "a Divisional Returning Officer or an Australian Electoral Officer", substitute "the Electoral Commissioner".
79 Subsection 102(1)
Omit "a Divisional Returning Officer for a Division receives a claim for enrolment or transfer of enrolment for that Division, the Divisional Returning Officer shall:", substitute "the Electoral Commissioner receives a claim for enrolment or transfer of enrolment, the Electoral Commissioner must:".
80 Paragraph 102(1)(b)
Repeal the paragraph, substitute:
(b) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay:
(i) enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83; and
(ii) notify the claimant in writing that he or she has been enrolled for that Subdivision; and
(iii) in the case of a claim for transfer of an enrolment from the Roll for another Subdivision--delete the name of the claimant from the Roll for that other Subdivision; and
81 Paragraph 102(1)(ba)
Omit "officer", substitute "Electoral Commissioner".
82 Paragraph 102(1)(c)
Omit "officer", substitute "Electoral Commissioner".
83 Paragraph 102(1)(c)
Omit "in a Subdivision of that Division", substitute "for a Subdivision".
84 Subsection 102(1A)
Omit "a Divisional Returning Officer may make any inquiries the officer", substitute "the Electoral Commissioner may make any inquiries that he or she".
85 Subsections 102(2) to (2E)
Repeal the subsections.
86 Subsection 102(3)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
87 Subsection 104(2)
Omit "DRO keeping the Roll for the Subdivision", substitute "Electoral Commissioner".
88 Paragraph 104(4)(b)
Omit "DRO for the Division that includes the Subdivision on the Roll for which the person making the request is to be or has been enrolled, as the case may be,", substitute "Electoral Commissioner".
89 Subsection 104(4)
Omit "DRO" (second occurring), substitute "Electoral Commissioner".
90 Subsection 104(5)
Omit "a DRO", substitute "the Electoral Commissioner".
91 Subsection 104(5)
Omit "DRO" (second occurring), substitute "Electoral Commissioner".
92 Subsection 104(7)
Repeal the subsection, substitute:
(7) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors whose addresses are not shown on the Roll by virtue of this section.
93 Subsection 104(8)
Omit "DRO" (wherever occurring), substitute "Electoral Commissioner".
94 Subsection 104(9)
Omit "DRO", substitute "Electoral Commissioner".
95 Subsection 105(1)
Omit "a Divisional Returning Officer may alter any Roll kept by the officer", substitute "the Electoral Commissioner may alter any Roll".
96 Paragraph 105(1)(f)
Omit "officer", substitute "Electoral Commissioner".
97 Subsection 105(2)
Repeal the subsection, substitute:
(2) If:
(a) the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and
(b) the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living;
the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment.
98 Subsection 105(4)
Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner".
99 Section 106
Omit "Divisional Returning Officer for that Division", substitute "Electoral Commissioner".
100 Section 107
Omit "Divisional Returning Officer or of the person who makes the alteration on behalf of the Divisional Returning Officer", substitute "person who makes the alteration".
101 Paragraph 108(a)
Repeal the paragraph, substitute:
(a) forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of the names, addresses, occupations, ages, sexes and dates of death of all persons of the age of 17 years or upwards whose deaths have been registered during the preceding month for the State; and
102 Paragraph 108(b)
Omit "Australian Electoral Officer for the State", substitute "Electoral Commissioner (or to an officer nominated by the Electoral Commissioner)".
103 Subsections 109(1) and (2)
Omit "Australian Electoral Officer", substitute "Electoral Commissioner (or to an officer nominated by the Electoral Commissioner)".
104 Subsection 110(1)
Omit "Australian Electoral Officer or the Divisional Returning Officer, as the case requires,", substitute "Electoral Commissioner".
Note: The heading to section 110 is altered by omitting " Officers " and substituting " Electoral Commissioner ".
105 Subsection 110(1)
After "receipt", insert "(whether by the Commissioner or by an officer nominated by the Commissioner)".
106 Subsection 110(2)
Omit "An officer", substitute "The Electoral Commissioner".
107 Subsection 111(1)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
108 Subsection 111(1)
Omit "the officer", substitute "the Electoral Commissioner".
109 Subsection 111(2)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
110 Subsection 111(2)
Omit "the officer", substitute "the Electoral Commissioner".
111 Subsection 111(4)
Omit "a Divisional Returning Officer who", substitute "the Electoral Commissioner".
112 Subsection 111(4)
After "a Roll", insert "and the Electoral Commissioner".
113 Subsection 111(4)
Omit "the officer" (wherever occurring), substitute "the Electoral Commissioner".
114 Section 111A
Repeal the section.
115 Section 112
Repeal the section, substitute:
112 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
116 Subsection 113(1)
Omit "(1) In", substitute "In".
117 Subsection 113(1) (definition of appropriate DRO )
Repeal the definition.
118 Subsection 113(1) (definition of official objection )
Omit "a DRO", substitute "the Electoral Commissioner".
119 Subsection 113(2)
Repeal the subsection.
120 Subsection 114(2)
Omit "DRO for a Division", substitute "Electoral Commissioner".
121 Subsection 114(2)
Omit "that Division", substitute "a Division".
122 Subsection 114(3)
Omit "A DRO", substitute "The Electoral Commissioner".
123 Subsection 114(4)
Omit "DRO for a Division", substitute "Electoral Commissioner".
124 Subsection 114(4)
Omit "that Division", substitute "a Division".
125 Subsection 114(5)
Omit "DRO for a Division", substitute "Electoral Commissioner".
126 Subsection 114(5)
Omit "DRO" (second occurring), substitute "Electoral Commissioner".
127 Subsection 115(2)
Omit "appropriate DRO", substitute "Electoral Commissioner".
128 Subsection 116(1)
Omit "DRO", substitute "Electoral Commissioner".
129 Subparagraph 116(2)(b)(iv)
Repeal the subparagraph, substitute:
(iv) advise the elector of what he or she must do if he or she wishes to answer the objection; and
130 Subparagraphs 116(2)(c)(i) and (ii)
Omit "DRO", substitute "Electoral Commissioner".
131 Subsection 116(3)
Omit "DRO" (wherever occurring), substitute "Electoral Commissioner".
132 Subsection 116(4)
Omit "DRO", substitute "Electoral Commissioner".
133 Section 117
Repeal the section.
134 Subsection 118(1)
Omit "A DRO", substitute "The Electoral Commissioner".
135 Paragraph 118(1)(a)
Omit "officer", substitute "Electoral Commissioner".
136 Subsection 118(2)
Omit "a DRO", substitute "the Electoral Commissioner".
137 Subsection 118(2)
Omit "officer", substitute "Electoral Commissioner".
138 Subsection 118(3)
Omit "DRO" (wherever occurring), substitute "Electoral Commissioner".
139 Subsection 118(4)
Omit "DRO", substitute "Electoral Commissioner".
140 Subsection 118(4A)
Omit "DRO" (wherever occurring), substitute "Electoral Commissioner".
141 Subsection 118(5)
Omit "DRO", substitute "Electoral Commissioner".
142 Subsection 118(6)
Omit "DRO" (wherever occurring), substitute "Electoral Commissioner".
143 Before subsection 120(1)
Insert:
(1A) This section only applies in relation to decisions made by a delegate of the Electoral Commissioner who is not:
(a) the Deputy Electoral Commissioner; or
(b) an Australian Electoral Officer.
Note: The heading to section 120 is replaced by the heading " Internal review ".
144 Subsection 120(1)
Omit "a Divisional Returning Officer for a Division".
145 Paragraphs 120(1)(a) and (b)
Omit "notifies a person", substitute "a person is notified".
146 Subsection 120(1)
Omit all the words from and including "request", substitute "apply, in writing, to the Electoral Commissioner for review of the claim or objection, as the case may be".
147 Subsection 120(2)
Omit "a Divisional Returning Officer for a Division notifies a person who has objected, under section 114, to an enrolment", substitute "a person who has objected to an enrolment is notified, under section 114,".
148 Subsection 120(2)
Omit all the words from and including "request", substitute "apply, in writing, to the Electoral Commissioner for review of the objection".
149 Subsection 120(3)
Omit "a Divisional Returning Officer for a Division".
150 Paragraph 120(3)(aa)
Repeal the paragraph, substitute:
(aa) a person is notified under subsection 93A(4) or 98A(4) of a decision to refuse to include in a Roll, or to transfer to a Roll, the person's name; or
151 Paragraphs 120(3)(a) and (b)
Omit "notifies a person", substitute "a person is notified".
152 Paragraphs 120(3)(ba) and (bb)
Repeal the paragraphs, substitute:
(ba) a person is notified under subsection 104(8) of a decision that the person's address should be entered on a Roll; or
(bb) a person is notified of a decision made under section 105 to alter any entry in relation to the person on a Roll (including a decision to add or remove a person's name from the Roll); or
153 Paragraphs 120(3)(c) and (ca)
Omit "notifies a person", substitute "a person is notified".
154 Subsection 120(3)
Omit "request the Divisional Returning Officer, in writing, to refer", substitute "apply, in writing, to the Electoral Commissioner for review of".
155 Paragraphs 120(3)(d) and (fa)
Omit "by the Divisional Returning Officer".
156 Paragraph 120(3)(fb)
Omit "made by the Divisional Returning Officer".
157 Subsection 120(3)
Omit ", to the Australian Electoral Officer for the State that includes that Division for review".
158 Subsections 120(4) to (9)
Repeal the subsections, substitute:
(4) After receiving an application under subsection (1), (2) or (3), the Electoral Commissioner must:
(a) personally review the decision (the reviewable decision ) to which the request relates; or
(b) cause the reviewable 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 reviewable decision.
(5) After the person mentioned in paragraph (4)(a) or (b) (the reviewer ) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision ):
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new decision.
Note: An internal review decision is reviewable by the Administrative Appeals Tribunal (see section 121). Under the Administrative Appeals Tribunal Act 1975 , notice must be given to persons whose interests are affected by an internal review decision.
(6) For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision.
159 Before subsection 121(1)
Insert:
(1A) Except for decisions described in paragraph (1)(k), this section only applies in relation to:
(a) a decision made by the Electoral Commissioner personally; or
(b) a decision made by a delegate of the Electoral Commissioner who is:
(i) the Deputy Electoral Commissioner; or
(ii) an Australian Electoral Officer.
160 Paragraphs 121(1)(a) to (d)
Repeal the paragraphs, substitute:
(a) a decision under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, a person's name; or
(b) a decision to refuse an application made under subsection 94A(1), 95(1) or 96(1); or
(c) a decision under section 102 to reject a claim for enrolment, for transfer of enrolment or for age 17 enrolment; or
(d) a decision to refuse a request made under subsection 104(1) or (2); or
(e) a decision under subsection 104(8) that a person's address should be entered on a Roll; or
(f) a decision under section 105 to alter a Roll (including a decision to add or remove a person's name from the Roll); or
(g) a decision under section 118 to dismiss an objection; or
(h) a decision under section 118 to remove a person's name from a Roll pursuant to an objection; or
(i) a decision to refuse an application made under subsection 184A(1); or
(j) a decision to cancel a person's registration as a general postal voter; or
(k) an internal review decision made under subsection 120(5).
161 Section 122
Repeal the section, substitute:
122 Application of Part to Australian Capital Territory and Northern Territory
This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory.
162 Subsection 184A(1)
Repeal the subsection, substitute:
(1) An elector may apply to the Electoral Commissioner for registration as a general postal voter for a Division.
163 Section 184B
Repeal the section, substitute:
184B Register of General Postal Voters
(1) The Electoral Commissioner must, for each Division, keep a Register of General Postal Voters for the Division.
(2) The Register for a Division must be available for inspection, without fee, by members of the public at the office of the DRO for the Division during ordinary office hours.
164 Subsection 185(1)
Repeal the subsection, substitute:
(1) Subject to subsection (1A), if the Electoral Commissioner is satisfied that an application has been made in accordance with section 184A, the Electoral Commissioner must register the applicant as a general postal voter for the Division to which the application relates.
165 Subsection 185(1A)
Omit "DRO to whom the application is made", substitute "Electoral Commissioner".
166 Subsection 185(1A)
Omit "DRO" (second occurring), substitute "Electoral Commissioner".
167 Subsection 185(1B)
Omit "DRO" (wherever occurring), substitute "Electoral Commissioner".
168 Subsections 185(2) and (3)
Repeal the subsections, substitute:
(2) If:
(a) a claim for enrolment or transfer of enrolment is made to the Electoral Commissioner; and
(b) the claim is signed under subsection 98(3); and
(c) the claim indicates that the claimant wishes to be registered as a general postal voter for a Division;
the Electoral Commissioner must register the claimant as a general postal voter for the Division.
(3) If an elector who is registered as a general postal voter for a Division (in this subsection called the original Division ) makes a claim for transfer of enrolment to another Division (the new Division ), the Electoral Commissioner must:
(a) cancel the registration of the elector as a general postal voter for the original Division; and
(b) except in the case of an elector whose address has been excluded from the Roll under section 104--register the elector as a general postal voter for the new Division, unless the Electoral Commissioner is satisfied that the elector would not be entitled to registration on application under subsection 184A(1).
169 Subsection 185(4)
After "the Register", insert "for the Division".
170 Subsection 185(4A)
Omit all the words from and including "a DRO" to and including "the DRO", substitute "the Electoral Commissioner to include in the Register for a Division information that the Electoral Commissioner".
171 Subsections 185(5) and (6)
Repeal the subsections, substitute:
(5) If the Electoral Commissioner registers an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the registration.
(6) If the Electoral Commissioner decides not to register an elector as a general postal voter for a Division, the Electoral Commissioner must notify the elector, in writing, of the decision and of the reasons for it.
172 Section 185B
Omit all the words from an including "The DRO" to and including "ensure that:", substitute "The Electoral Commissioner may review the Register for a Division and make such alterations as are necessary to ensure that:".
173 Section 185C
Repeal the section, substitute:
185C Cancellation of registration
(1) The Electoral Commissioner may cancel the registration of an elector as a general postal voter for a Division if the Electoral Commissioner is satisfied that the ground on which the elector applied for registration no longer exists.
(2) The Electoral Commissioner must give the elector written notice of the cancellation and of the elector's right to apply for review under Part X.
174 Subsection 249(1)
Omit "Divisional Returning Officer for the Division for which the elector is enrolled", substitute "Electoral Commissioner".
175 Subsection 249(2)
Repeal the subsection.
176 Subsection 249(3)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
177 Subsection 249(4)
Omit "DRO", substitute "Electoral Commissioner".
178 Subsection 249(6)
Omit "A Divisional Returning Officer", substitute "The Electoral Commissioner".
179 Subsection 343(1)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
180 Subsection 343(1)
Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner".
181 After section 381A
Insert:
382 General provisions about enrolment - related claims etc.
Definitions
(1) In this section:
"enrolment-related claim or notice" means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner by any of the following:
(a) a provision of Part VII, VIII, IX or X;
(b) section 184A;
(c) section 249.
"sent to" includes given, made or delivered to, or lodged with.
Addresses to which enrolment - related claims or notices may be sent
(2) The Electoral Commissioner may, in writing, determine one or more addresses to which enrolment - related claims or notices may be sent.
(3) A determination under subsection (2) may specify different addresses for the purposes of different provisions or for use in different circumstances.
(4) To avoid doubt, an address determined under subsection (2) may be an electronic address.
(5) If a person sends an enrolment - related claim or notice to an address in accordance with a determination under subsection (2), the person is taken to have sent the enrolment - related claim or notice to the Electoral Commissioner.
Note: Requirements relating to the form, content etc. of the enrolment - related claim or notice must still be complied with (subject to subsections (7) and (8)).
(6) A determination under subsection (2) is not a legislative instrument.
Enrolment - related claims or notices do not have to be signed in certain circumstances
(7) Subject to subsection (8), if:
(a) an enrolment - related claim or notice is required to be signed by a person; and
(b) the person is already enrolled; and
(c) the person's name is still the same as the name under which he or she is enrolled;
the requirement that the claim or application be signed is (despite section 336) taken to be satisfied if the person instead satisfies the requirements prescribed by the regulations for the purpose of this subsection.
(8) Subsection (7) does not apply to:
(a) an enrolment - related claim or notice that is required or permitted to be sent to the Electoral Commissioner by a provision of Part IX or X; or
(b) any of the following requirements for a signature:
(i) the requirement in subsection 98(3);
(ii) the requirement in subsection 99A(5);
(iii) the requirement in subsection 99B(3);
(iv) the requirement that a statutory declaration referred to in subsection 104(3) be signed;
(v) any other requirement for a signature that is prescribed by the regulations for the purpose of this subparagraph.
Referendum (Machinery Provisions) Act 1984
182 Subsection 3(1) (at the end of the definition of officer )
Add ", and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under subsection 138(2)".
183 Subsection 38(1)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
184 Paragraph 38(5)(b)
Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner".
Note: The heading to subsection 38(5) is altered by omitting " Divisional Returning Officer " and substituting " Electoral Commissioner ".
185 Subsection 38(7)
Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner".
186 After section 38
Insert:
39 Other general provisions about applications under section 38
(1) The Electoral Commissioner may, in writing, determine one or more addresses to which applications under section 38 may be sent.
(2) A determination under subsection (1) may specify different addresses for use in different circumstances.
(3) To avoid doubt, an address determined under subsection (1) may be an electronic address.
(4) If a person sends an application under section 38 to an address in accordance with a determination under subsection (1), the person is taken to have sent the application to the Electoral Commissioner.
Note: Requirements of section 38 relating to the form, content etc. of the application must still be complied with.
(5) A determination under subsection (1) is not a legislative instrument.
187 Subsection 74(2)
Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner".
188 Subsections 138(2) and (3)
Repeal the subsections, substitute:
Delegation of section 38 powers and functions
(2) The Electoral Commissioner may, in writing, delegate all or any of his or her powers and functions under section 38 to any of the following:
(a) any officer;
(b) any other member of the staff of the Electoral Commission.
Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.
(3) In exercising powers or performing functions delegated under subsection (2), the delegate must comply with any directions of the Electoral Commissioner.
Part 2 -- Transitional, application and saving provisions
189 Regulations
The Governor - General may make regulations of a transitional, application or saving nature in relation to the amendments and repeals made by this Schedule.