Commonwealth Consolidated Acts

ELECTORAL AND REFERENDUM AMENDMENT (PRE-POLL VOTING AND OTHER MEASURES) ACT 2010 - SCHEDULE 4

Part   1 -- Amendments

Commonwealth Electoral Act 1918

1   Part   XVB (heading)

Repeal the heading, substitute:

Part   XVB -- Electronically assisted voting for sight - impaired people

2   Division   1 of Part   XVB (heading)

Repeal the heading.

3   Section   202AA

Omit "Division", substitute "Part".

4   Section   202AA

Insert:

"by-election" means an election of a member of the House of Representatives that is not part of a general election.

5   Section   202AA (definition of vote record )

Omit "subsection 202AD(1)", substitute "section   202AD".

6   Subsection 202AB(1)

Omit "the first general election, and the first Senate election, held after the commencement of this section", substitute "general elections, Senate elections and by - elections".

7   Subparagraph 202AB(2)(a)(iv)

Omit ", including a process of applying to use the method".

8   After paragraph 202AB(2)(a)

Insert:

  (aa)   make provision for, and in relation to, the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and

9   Paragraph 202AB(3)(a)

Omit "the Senate election referred to in subsection   (1)", substitute "a Senate election".

10   Paragraph 202AB(3)(b)

Omit "the general election referred to in subsection   (1)", substitute "a general election or by - election".

11   Subparagraph 202AB(3)(b)(i)

After "general election", insert "or by - election".

12   Subsection 202AB(5)

Omit "Division" (wherever occurring), substitute "Part".

13   Subsection 202AD(1)

Omit "(1)".

Note:   The heading to section   202AD is altered by omitting " printed ".

14   Subsection 202AD(1)

Omit "printed".

15   Subsection 202AD(2)

Repeal the subsection.

16   Subsection 202AE(1)

After "pre - poll", insert "ordinary".

17   Subsection 202AE(1) (note)

Repeal the note.

18   Subsection 202AE(2)

Repeal the subsection, substitute:

  (2)   For the purposes of this Act as it applies because of subsection   (1), a vote record is to be treated as if it were a ballot paper.

19   Section   202AF

Repeal the section, substitute:

202AF   Electoral Commissioner may decide that electronically assisted voting method is not to be used

  (1)   The Electoral Commissioner may, in writing, determine that the electronically assisted voting method is not to be used either generally or at one or more specified places.

  (2)   The determination must specify the election to which the determination applies.

  (3)   A determination under subsection   (1) is not a legislative instrument.

20   Division   2 of Part   XVB

Repeal the Division.

Referendum (Machinery Provisions) Act 1984

21   Part   IVB (heading)

Repeal the heading, substitute:

Part   IVB -- Electronically assisted voting for sight - impaired people

22   Division   1 of Part   IVB (heading)

Repeal the heading.

23   Section   73L

Omit "Division", substitute "Part".

24   Section   73L (definition of vote record )

Omit "subsection 73P(1)", substitute "section   73P".

25   Subsection 73M(1)

Omit "Subject to subsection   (2), the", substitute "The".

26   Subsection 73M(1)

Omit "the first referendum held after the commencement of this section", substitute "referendums".

27   Subsection 73M(2)

Repeal the subsection.

28   Subparagraph 73M(3)(a)(iv)

Omit ", including a process of applying to use the method".

29   After paragraph 73M(3)(a)

Insert:

  (aa)   make provision for, and in relation to, the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and

30   Subsection 73M(4)

Omit "the referendum referred to in subsection   (1)", substitute "a referendum".

31   Subsection 73M(6)

Omit "Division" (wherever occurring), substitute "Part".

32   Subsection 73P(1)

Omit "(1)".

Note:   The heading to section   73P is altered by omitting " printed ".

33   Subsection 73P(1)

Omit "printed".

34   Subsection 73P(2)

Repeal the subsection.

35   Subsection 73Q(1)

After "pre - poll", insert "ordinary".

36   Subsection 73Q(1) (note)

Repeal the note.

37   Subsection 73Q(2)

Repeal the subsection, substitute:

  (2)   For the purposes of this Act as it applies because of subsection   (1), a vote record is to be treated as if it were a ballot - paper.

38   After section   73Q

Insert:

73QA   Electoral Commissioner may decide that electronically assisted voting method is not to be used

  (1)   The Electoral Commissioner may, in writing, determine that the electronically assisted voting method is not to be used either generally or at one or more specified places.

  (2)   The determination must specify the referendum to which the determination applies.

  (3)   A determination under subsection   (1) is not a legislative instrument.

  (4)   If:

  (a)   a referendum is held on the same day as an election; and

  (b)   a determination under subsection 202AF(1) of the Commonwealth Electoral Act 1918 is in force in relation to a place for that election;

a determination under subsection   (1) of this section is taken to be in force in relation to that place for that referendum.

39   Division   2 of Part   IVB

Repeal the Division.

Part   2 -- Application of amendments

40   Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments.

Notes to the Electoral and Referendum Amendment ( Pre - poll Voting and Other Measures ) Act 2010

Note 1

The Electoral and Referendum Amendment (Pre - poll Voting and Other Measures) Act 2010 as shown in this compilation comprises Act No.   109 , 20 10 amended as indicated in the Tables below.

Table of Acts

( a )   Subsection 2(1) (item   6 ) of the Statute Law Revision Act 2011 provides as follows:

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

Table of Amendments