ELECTORAL AND REFERENDUM AMENDMENT (MODERNISATION AND OTHER MEASURES) BILL 2010

2008-2009-2010

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Electoral and Referendum Amendment

(Modernisation and Other Measures) Bill

2010

No. , 2010

(Special Minister of State)

A Bill for an Act to amend the law relating to

elections and referendums, and for related

purposes

i Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

4 Regulations

........................................................................................

Schedule 1--Publishing forms and information about places to

vote

Part 1--Amendments commencing on the day after Royal

Assent is given

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Amendments with contingent commencement

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Schedule 2--Evidence of identity for enrolment

Part 1--Amendments

Commonwealth Electoral Act 1918

Part 2--Application of amendments etc.

Schedule 3--Age 16 enrolment

Part 1--Amendments

Commonwealth Electoral Act 1918

Part 2--Application of amendments

Schedule 4--Electoral rolls, related lists and ballot papers

Part 1--Printed and electronic copies of rolls etc.

Commonwealth Electoral Act 1918

Part 2--Electronic lists of voters

Division 1--Amendments commencing on the day after Royal Assent

is given

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 ii

Division 2--Amendments with contingent commencement

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 3--Ballot papers

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Schedule 5--Mobile polling

Part 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Application and transitional provisions

Schedule 6--Postal voting

Part 1--Main amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Other amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Schedule 7--Other amendments relating to rolls and enrolment

Part 1--Amendments

Commonwealth Electoral Act 1918

Part 2--Application of amendments

Schedule 8--Eligibility for early voting

Part 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2--Application of amendments

Schedule 9--Minor technical amendments

Part 1--Amendments

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 1

A Bill for an Act to amend the law relating to

elections and referendums, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Electoral and Referendum

Amendment (Modernisation and Other Measures) Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 4

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

The day after this Act receives the Royal

Assent.

3. Schedule 1,

Part 2

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of

Schedule 1 to the Electoral and

Referendum Amendment (Pre-poll Voting

and Other Measures) Act 2010.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

4. Schedules 2

and 3

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of

Schedule 2 to the Electoral and

Referendum Amendment (Pre-poll Voting

and Other Measures) Act 2010.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

5. Schedule 4,

Part 1

The day after this Act receives the Royal

Assent.

6. Schedule 4,

Part 2, Division 1

The day after this Act receives the Royal

Assent.

7. Schedule 4,

Part 2, Division 2

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of

Schedule 1 to the Electoral and

Referendum Amendment (Pre-poll Voting

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

and Other Measures) Act 2010.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

8. Schedule 4,

Part 3

The day after this Act receives the Royal

Assent.

9. Schedule 5

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

10. Schedule 6,

Part 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

11. Schedule 6,

Part 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

12. Schedule 7

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

13. Schedules 8

and 9

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

4 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 Regulations

The Governor-General may make regulations of a transitional,

application or saving nature in relation to the amendments and

repeals made by this Act.

Publishing forms and information about places to vote Schedule 1

Amendments commencing on the day after Royal Assent is given Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 5

Schedule 1--Publishing forms and

information about places to vote

Part 1--Amendments commencing on the day after

Royal Assent is given

Commonwealth Electoral Act 1918

1 Subsection 4(1) (definition of Approved)

Repeal the definition.

2 Subsection 4(1)

Insert:

approved form means a form that:

(a) is approved by the Electoral Commissioner in writing; and

(b) has been published by the Electoral Commissioner.

Example: An approved form might have been published by the Electoral

Commissioner on the Electoral Commission's website.

3 Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an

approved form for any purpose of the Commonwealth Electoral Act

1918 continues to be an approved form for that purpose until another

form becomes an approved form (as defined in subsection 4(1) of that

Act as amended by this Part) for that purpose.

4 Section 37

Repeal the section.

5 Subsection 80(1)

Omit "Commission may, by notice published in the Gazette:", substitute

"Commissioner may in writing:".

6 Paragraph 80(1)(a)

Omit "it", substitute "he or she".

7 After subsection 80(2)

Schedule 1 Publishing forms and information about places to vote

Part 1 Amendments commencing on the day after Royal Assent is given

6 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Insert:

(2A) The Electoral Commissioner must cause to be published, on the

Electoral Commission's website and in any other way he or she

considers appropriate, notice of an appointment, declaration or

abolition made under subsection (1).

(2B) Failure to publish notice of an appointment, declaration or

abolition made under subsection (1), as required by

subsection (2A), does not affect the validity of the appointment,

declaration or abolition.

8 Subsection 80(3)

Omit "Commission", substitute "Commissioner".

9 Saving provision for polling places

The amendments of section 80 of the Commonwealth Electoral Act

1918 made by this Part do not affect the appointment of a polling place

under that section that was made before the commencement of this Part.

10 Subsection 200BA(1)

Omit "Commission", substitute "Commissioner".

11 Subsection 200BA(2)

Omit "Commission" (first and second occurring), substitute

"Commissioner".

12 Paragraph 200BA(2)(a)

Omit "in the Gazette", substitute ", on the Electoral Commission's

website and in any other way the Electoral Commissioner considers

appropriate,".

13 Paragraph 200BA(2)(b)

Omit "Commission", substitute "Commissioner".

14 Paragraph 200BA(2)(b)

Omit "in the Gazette" (wherever occurring), substitute ", on the

Electoral Commission's website and in any other way the Electoral

Commissioner considers appropriate,".

15 Subsection 200BA(3)

Publishing forms and information about places to vote Schedule 1

Amendments commencing on the day after Royal Assent is given Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 7

Omit "Commission", substitute "Commissioner".

16 Paragraph 200BA(3)(b)

Omit "if it", substitute "if the Electoral Commissioner".

17 At the end of section 200BA

Add:

(5) Failure to publish in accordance with this section a copy of a

declaration made under subsection (1) does not affect the validity

of the declaration.

18 Saving provision for pre-poll voting offices

The amendments of section 200BA of the Commonwealth Electoral Act

1918 made by this Part do not affect the declaration of a place as a

pre-poll voting office under that section that was made before the

commencement of this Part.

Referendum (Machinery Provisions) Act 1984

19 Subsection 3(1) (definition of approved)

Repeal the definition.

20 Subsection 3(1)

Insert:

approved form means a form that:

(a) is approved by the Electoral Commissioner in writing; and

(b) has been published by the Electoral Commissioner.

Example: An approved form might have been published by the Electoral

Commissioner on the Electoral Commission's website.

21 Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an

approved form for any purpose of the Referendum (Machinery

Provisions) Act 1984 continues to be an approved form for that purpose

until another form becomes an approved form (as defined in subsection

3(1) of that Act as amended by this Part) for that purpose.

22 Subsection 16(2)

Schedule 1 Publishing forms and information about places to vote

Part 1 Amendments commencing on the day after Royal Assent is given

8 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Omit "Commission", substitute "Commissioner".

23 Subsection 16(3)

Omit "Commission", substitute "Commissioner".

24 Subsection 73AA(1)

Omit "Commission", substitute "Commissioner".

25 Subsection 73AA(2)

Omit "Commission" (first and second occurring), substitute

"Commissioner".

26 Paragraph 73AA(2)(a)

Omit "in the Gazette", substitute ", on the Electoral Commission's

website and in any other way the Electoral Commissioner considers

appropriate,".

27 Paragraph 73AA(2)(b)

Omit "Commission", substitute "Commissioner".

28 Paragraph 73AA(2)(b)

Omit "in the Gazette" (wherever occurring), substitute ", on the

Electoral Commission's website and in any other way the Electoral

Commissioner considers appropriate,".

29 Subsection 73AA(3)

Omit "Commission" (wherever occurring), substitute "Commissioner".

30 Paragraph 73AA(3)(b)

Omit "if it", substitute "if the Electoral Commissioner".

31 After subsection 73AA(4)

Insert:

(4A) Failure to publish in accordance with this section a copy of a

declaration made under subsection (1) does not affect the validity

of the declaration.

32 Saving provision for pre-poll voting offices

Publishing forms and information about places to vote Schedule 1

Amendments commencing on the day after Royal Assent is given Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 9

The amendments of section 73AA of the Referendum (Machinery

Provisions) Act 1984 made by this Part do not affect the declaration of a

place as a pre-poll voting office under that section that was made before

the commencement of this Part.

33 Paragraph 73C(a)

Omit "Commission", substitute "Commissioner".

Schedule 1 Publishing forms and information about places to vote

Part 2 Amendments with contingent commencement

10 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Part 2--Amendments with contingent

commencement

Commonwealth Electoral Act 1918

34 Subsection 200BA(1A)

Omit "Commission", substitute "Commissioner".

35 Subsection 200BA(3A)

Repeal the subsection, substitute:

(3A) If the Electoral Commissioner makes a declaration under

subsection (1A), he or she must cause a copy of the declaration to

be published on the Electoral Commission's website and in any

other way he or she considers appropriate.

36 Subsection 200BA(5)

After "subsection (1)", insert "or (1A)".

Referendum (Machinery Provisions) Act 1984

37 Subsection 73AA(1A)

Omit "Commission", substitute "Commissioner".

38 Subsection 73AA(3A)

Repeal the subsection, substitute:

(3A) If the Electoral Commissioner makes a declaration under

subsection (1A), he or she must cause a copy of the declaration to

be published on the Electoral Commission's website and in any

other way he or she considers appropriate.

39 Subsection 73AA(4A)

After "subsection (1)", insert "or (1A)".

Evidence of identity for enrolment Schedule 2

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 11

Schedule 2--Evidence of identity for

enrolment

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsections 94A(2), (2AA), (2AB) and (2A)

Repeal the subsections, substitute:

(2)

application:

(a) must be in the approved form; and

(b) must be signed by the applicant; and

applicant ceased to reside in Australia; and

(d) must comply with section 98AA (evidence of identity

requirements).

2 Paragraph 94A(5)(aa)

Repeal the paragraph.

3 Subsections 95(2), (2AA), (2AB) and (2A)

Repeal the subsections, substitute:

(2)

application:

(a) must be in the approved form; and

(b) must be signed by the applicant; and

requirements).

4 Paragraph 95(5)(b)

Repeal the paragraph.

5 Subsections 96(2), (2AA) and (2AB)

Repeal the subsections, substitute:

(2)

application:

(a) must be in the approved form; and

Schedule 2 Evidence of identity for enrolment

Part 1 Amendments

12 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

(b) must be signed by the applicant; and

requirements), if that section applies to the application.

6 Section 98AA

Repeal the section, substitute:

98AA Evidence of identity requirements

(1) This section applies to:

(a) an application or claim that a person makes under

section 94A, 95 or 99A; or

(b) an application or claim that a person makes under section 96

or 98, if:

(i) the person is not already enrolled; or

(ii) the person is already enrolled, but the person's name is

no longer the same as the name under which he or she is

enrolled.

(2) The person's claim or application must include or be accompanied

by any of the following:

(a) if the person holds a driver's licence issued under the law of

a State or Territory--the number of that driver's licence;

(b) if the person holds an Australian passport--the number of

that Australian passport;

(i) in the approved form; and

(ii) signed by another person who is enrolled;

(d) any other evidence of the person's identity that is of a kind

prescribed by the regulations for the purpose of this

paragraph.

7 Subsections 98(2), (2AA) and (2AB)

Repeal the subsections, substitute:

(2)

claim:

(a) must be in the approved form; and

(b) subject to subsection (3), must be signed by the claimant; and

requirements), if that section applies to the claim.

Evidence of identity for enrolment Schedule 2

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 13

8 Subsections 99A(4), (4A) and (4B)

Repeal the subsections, substitute:

(4)

claim:

(a) must be in the approved form; and

(b) subject to subsection (5), must be signed by the claimant; and

(i) if the claim is made under subsection (1)--together with

the claimant's application to become an Australian

citizen; or

(ii) if the claim is made under subsection (2)--with the

Electoral Commissioner; and

(d) must comply with section 98AA (evidence of identity

requirements).

9 Paragraph 99A(6)(a)

Omit "(4)(d)(i)", substitute "(4)(c)(i)".

10 Before subparagraph 382(8)(b)(i)

Insert:

(ia) the requirement in subparagraph 98AA(2)(c)(ii);

Schedule 2 Evidence of identity for enrolment

Part 2 Application of amendments etc.

14 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Part 2--Application of amendments etc.

11 Application of amendments

The amendments made by this Schedule apply in relation to claims and

applications made on or after the commencement of this Schedule.

12 Saving provision for approved forms

(1)

In this item:

enrolment claim subsection means any of the following provisions of

the Commonwealth Electoral Act 1918:

(a)

subsection

94A(2);

(b)

subsection

95(2);

(c)

subsection

96(2);

(d)

subsection

98(2);

(e)

subsection

99A(4).

(2)

A form that, immediately before the commencement of this Schedule,

was an approved form for the purpose of an enrolment claim subsection

as in force immediately before that commencement continues to be an

approved form for the purpose of that subsection as in force after that

commencement, until another form becomes an approved form for the

purpose of that subsection.

Age 16 enrolment Schedule 3

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 15

Schedule 3--Age 16 enrolment

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(3)

Omit "age 17", substitute "age 16".

2 Subsections 98(1) and (3)

Omit "age 17", substitute "age 16".

3 Paragraph 100(1)(a)

Omit "17 years", substitute "16 years".

Note:

The heading to section 100 is altered by omitting "age 17" and substituting "age 16".

4 Paragraph 108(a)

Omit "17 years", substitute "16 years".

5 Paragraph 120(1)(a)

Omit "age 17", substitute "age 16".

6 Paragraph 121(1)(c)

Omit "age 17", substitute "age 16".

7 Section 342

Omit "age 17", substitute "age 16".

8 Subsection 343(1)

Omit "age 17", substitute "age 16".

Schedule 3 Age 16 enrolment

Part 2 Application of amendments

16 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Part 2--Application of amendments

9 Application of amendments

(1)

The amendments made by items 2, 3, 5, 6, 7 and 8 apply in relation to

claims made on or after the commencement of this Schedule.

(2)

The amendment made by item 4 applies in relation to lists required to

be forwarded after the commencement of this Schedule.

Electoral rolls, related lists and ballot papers Schedule 4

Printed and electronic copies of rolls etc. Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 17

Schedule 4--Electoral rolls, related lists and

ballot papers

Part 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:

Schedule 4 Electoral rolls, related lists and ballot papers

Part 1 Printed and electronic copies of rolls etc.

18 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

(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.

Electoral rolls, related lists and ballot papers Schedule 4

Electronic lists of voters Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 19

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:

208A Approved list of voters

(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

Schedule 4 Electoral rolls, related lists and ballot papers

Part 2 Electronic lists of voters

20 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

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;

(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:

Electoral rolls, related lists and ballot papers Schedule 4

Electronic lists of voters Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 21

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:

22A Approved list of voters

(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".

Schedule 4 Electoral rolls, related lists and ballot papers

Part 2 Electronic lists of voters

22 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

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;

(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

Electoral rolls, related lists and ballot papers Schedule 4

Electronic lists of voters Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 23

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

Schedule 4 Electoral rolls, related lists and ballot papers

Part 2 Electronic lists of voters

24 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

(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.

Electoral rolls, related lists and ballot papers Schedule 4

Ballot papers Part 3

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 25

Part 3--Ballot papers

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.'".

Schedule 5 Mobile polling

Part 1 Amendments

26 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Schedule 5--Mobile polling

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(1) (definition of officer)

Omit "an electoral visitor,".

2 Subsection 4(1) (definition of Special hospital)

Repeal the definition.

3 Subparagraph 184A(2)(b)(i)

Omit "a special hospital or".

4 Paragraph 194(2)(f)

Repeal the paragraph.

5 Paragraph 194(2)(g)

Omit "station", substitute "place".

6 Subsection 195A(1) (paragraph (d) of the definition of

officer)

Repeal the paragraph.

7 Subsection 195A(1) (definition of presiding officer)

Omit "an electoral visitor or", substitute "a".

8 Subsection 195A(3) (table item 4)

Repeal the item.

9 Subsection 195A(5)

Omit "an electoral visitor or".

10 Paragraph 195A(5)(b)

Omit "whichever of subsections 225(8), 226A(7) and 227(10) is

applicable", substitute "subsection 227(10)".

Mobile polling Schedule 5

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 27

11 Paragraph 195A(5)(c)

Omit "electoral visitor or".

12 Paragraph 202A(2)(k)

Repeal the paragraph.

13 Section 223

Omit ", 225".

Note:

The heading to section 224 is altered by omitting "Mobile booths--hospitals" and

substituting "Hospitals".

14 Section 225

Repeal the section.

15 Subsection 226(1)

Omit "or 225".

Note:

The heading to section 226 is altered by omitting "sections 224 and 225" and

substituting "section 224".

16 Subsection 226(1)

Omit "or electoral visitor, as the case may be,".

17 Subsection 226(2)

Omit "or 225".

18 Subsection 226(2A)

Omit "or electoral visitor".

19 Subsection 226(2A)

Omit "or 225".

20 Subsection 226(3)

Omit "or electoral visitor".

21 Subsection 226(3)

Omit "or 225".

22 Subsection 226(4)

Schedule 5 Mobile polling

Part 1 Amendments

28 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Omit "section 224 or 225", substitute "section 224".

23 Subsection 226(4)

Omit "or 225(4A)".

24 Subsection 226(5A)

Repeal the subsection.

25 Subsection 226(6)

Omit "or 225".

26 Subsections 226(7A) to (7C)

Repeal the subsections.

27 Subsection 226(8)

Omit "or 225".

28 Subsection 226(8)

Omit "(7A) or (7C),".

29 Section 226A

Repeal the section.

30 Subsection 227(1) (definition of station)

Repeal the definition.

Note:

The heading to section 227 is replaced by the heading "Mobile booths".

31 Subsection 227(2)

Omit "Commission", substitute "Commissioner".

32 Subsection 227(3)

Omit "In relation to a Division declared by the Electoral Commission,

by notice published in the Gazette, to be a remote Division, the",

substitute "The".

33 Subsection 227(4)

Omit "Commission", substitute "Commissioner".

34 Paragraph 227(4)(a)

Mobile polling Schedule 5

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 29

Repeal the paragraph, substitute:

(a) may determine in writing the places that teams will visit for

the purposes of taking votes under this section in an election;

and

35 Paragraph 227(4)(b)

Omit "take such steps as it thinks fit to give public notice", substitute

"give notice to the public on the Electoral Commission's website and by

any other means that the Electoral Commissioner thinks fit".

36 After subsection 227(4)

Insert:

(4A) Before determining a prison under subsection (4), the Electoral

Commissioner must consult the Controller-General of Prisons for

the State or Territory in which the prison is located.

37 Subsection 227(6)

Omit "A team", substitute "Subject to subsection (6A), a team".

38 Paragraph 227(6)(a)

Omit "take such steps as he or she thinks fit to give public notice",

substitute "give notice to the public on the Electoral Commission's

website and by any other means that he or she thinks fit".

39 At the end of paragraph 227(6)(b)

Add "for the Division in which the visit is to occur".

40 After subsection 227(6)

Insert:

(6A) A visit to a prison must not be made if the Australian Electoral

Officer for the State or Territory in which the prison is located is

informed by the officer in charge of the prison, or a member of the

staff of the prison, that the visit is forbidden by the officer in

charge because of circumstances related to the security of the

prison.

41 Subsection 227(8)

Omit "station" (wherever occurring), substitute "place".

Schedule 5 Mobile polling

Part 1 Amendments

30 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

42 Paragraph 227(8)(d)

Omit "sections 224 and 225", substitute "section 224".

43 Subsection 227(10)

Omit "Divisional Returning Officer", substitute "Australian Electoral

Officer for the State or Territory in which that last visit occurred".

44 Subsection 227(11)

Omit "the Divisional", substitute "a Divisional".

45 At the end of section 227

Add:

(12) A determination under paragraph (4)(a) is not a legislative

instrument.

46 Subsection 228(2)

Omit "subsection 225(8), 226A(7) or 227(10)", substitute "subsection

227(10)".

47 Subsection 234(1A)

Omit "or 225".

48 Subparagraph 273(2)(a)(i)

Omit ", electoral visitor".

49 Paragraph 273(2)(ab)

Omit "electoral visitor,".

50 Subparagraph 274(2)(a)(i)

Omit ", electoral visitor".

51 Paragraph 274(2)(ab)

Omit "electoral visitor,".

52 Paragraph 4 of Schedule 2

Omit "225", substitute "227".

53 Paragraph 6 of Schedule 2

Mobile polling Schedule 5

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 31

Omit "(other than a special hospital)".

54 Paragraph 7 of Schedule 2

Repeal the paragraph.

Referendum (Machinery Provisions) Act 1984

55 Subsection 3(1) (definition of electoral visitor)

Repeal the definition.

56 Subsection 3(1) (definition of officer)

Omit "an electoral visitor,".

57 Subsection 3(1) (definition of special hospital)

Repeal the definition.

58 Paragraph 16A(2)(k)

Repeal the paragraph.

59 Subsection 36(1A)

Omit "or 49".

60 Subsection 46A(2)

Omit "subsection 49(8), 49A(7) or 51(10)", substitute "subsection

51(10)".

61 Section 47

Omit ", 49".

Note:

The heading to section 48 is altered by omitting "Mobile booths--hospitals" and

substituting "Hospitals".

62 Sections 49 and 49A

Repeal the sections.

63 Subsection 50(1)

Omit "or 49".

Note:

The heading to section 50 is altered by omitting "sections 48 and 49" and substituting

"section 48".

Schedule 5 Mobile polling

Part 1 Amendments

32 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

64 Subsection 50(1)

Omit "or electoral visitor, as the case may be,".

65 Subsection 50(2)

Omit "or 49".

66 Subsection 50(2A)

Omit "or electoral visitor".

67 Subsection 50(2A)

Omit "or 49".

68 Subsection 50(3)

Omit "section 48 or 49", substitute "section 48".

69 Subsection 50(3)

Omit "or 49(4A)".

70 Subsection 50(4)

Omit "and in relation to a special hospital within the meaning of

section 49".

71 Paragraph 50(4)(b)

Omit "or special hospital, as the case may be".

72 Subsection 50(5)

Omit "or 49".

73 Subsections 50(6A) to (6C)

Repeal the subsections.

74 Subsection 50(7)

Omit "or 49".

75 Subsection 50(7)

Omit "(6A) or (6C),".

76 Subsection 51(1) (definition of station)

Mobile polling Schedule 5

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 33

Repeal the definition.

Note:

The heading to section 51 is replaced by the heading "Mobile booths".

77 Subsection 51(2)

Omit "Commission", substitute "Commissioner".

78 Subsection 51(3)

Omit "In relation to a Division declared under subsection 227(3) of the

Commonwealth Electoral Act 1918, the", substitute "The".

79 Subsection 51(4)

Omit "Commission", substitute "Commissioner".

80 Paragraph 51(4)(a)

Repeal the paragraph, substitute:

(a) may determine in writing the places that teams will visit for

the purposes of taking votes under this section at a

referendum; and

81 Paragraph 51(4)(b)

Omit "take such steps as it thinks fit to give public notice", substitute

"give notice to the public on the Electoral Commission's website and by

any other means that the Electoral Commissioner thinks fit".

82 After subsection 51(4)

Insert:

(4A) Before determining a prison under subsection (4), the Electoral

Commissioner must consult the Controller-General of Prisons for

the State or Territory in which the prison is located.

83 Subsection 51(6)

Omit "A team", substitute "Subject to subsection (6A), a team".

84 Paragraph 51(6)(a)

Omit "take such steps as he or she thinks fit to give public notice",

substitute "give notice to the public on the Electoral Commission's

website and by any other means that he or she thinks fit".

85 Paragraph 51(6)(b)

Schedule 5 Mobile polling

Part 1 Amendments

34 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Omit "appropriate Divisional Returning Officer", substitute "Divisional

Returning Officer for the Division in which the visit is to occur".

86 After subsection 51(6)

Insert:

(6A) A visit to a prison must not be made if the Australian Electoral

Officer for the State or Territory in which the prison is located is

informed by the officer in charge of the prison, or a member of the

staff of the prison, that the visit is forbidden by the officer in

charge because of circumstances related to the security of the

prison.

87 Subsection 51(8)

Omit "station" (wherever occurring), substitute "place".

88 Paragraph 51(8)(d)

Omit "sections 48 and 49", substitute "section 48".

89 Subsection 51(10)

Omit "Divisional Returning Officer", substitute "Australian Electoral

Officer for the State or Territory in which that last visit occurred".

90 At the end of section 51

Add:

(12) A determination under paragraph (4)(a) is not a legislative

instrument.

91 Section 52

Omit "arrangements, declarations, appointments or determinations

made under section 224, 225 or 227", substitute "arrangements,

appointments or determinations made under section 224 or 227".

92 Section 52

Omit ", 49".

93 Paragraph 65(2)(e)

Omit "an electoral visitor or", substitute "a".

Mobile polling Schedule 5

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 35

94 Paragraph 65(2)(f)

Repeal the paragraph.

95 Paragraph 65(2)(g)

Omit "station", substitute "place".

96 Subsection 67(1) (paragraph (d) of the definition of officer)

Repeal the paragraph.

97 Subsection 67(1) (definition of presiding officer)

Omit "an electoral visitor or", substitute "a".

98 Subsection 67(3) (table item 4)

Repeal the item.

99 Subsection 67(5)

Omit "an electoral visitor or".

100 Paragraph 67(5)(b)

Omit "whichever of subsections 49(8), 49A(7) and 51(10) is

applicable", substitute "subsection 51(10)".

101 Paragraph 67(5)(c)

Omit "electoral visitor or".

102 Subparagraph 90(1)(e)(i)

Omit ", electoral visitor".

103 Subparagraph 90(1)(e)(iii)

Omit ", electoral visitor".

104 Paragraph 4 of Schedule 3

Omit "49", substitute "51".

105 Paragraph 6 of Schedule 3

Omit "(other than a special hospital)".

106 Paragraph 7 of Schedule 3

Mobile polling Schedule 5

Application and transitional provisions Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 37

Part 2--Application and transitional provisions

107 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.

108 Transitional

(1)

Despite the amendment made by item 1, the definition of officer in

subsection 4(1) of the Commonwealth Electoral Act 1918, as in force

immediately before the commencement of that item, continues to apply

on and after that commencement for the purposes of section 323 of that

Act.

(2)

Despite the amendment made by item 56, the definition of officer in

subsection 3(1) of the Referendum (Machinery Provisions) Act 1984, as

in force immediately before the commencement of that item, continues

to apply on and after that commencement for the purposes of

section 116 of that Act.

Schedule 6 Postal voting

Part 1 Main amendments

38 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Schedule 6--Postal voting

Part 1--Main amendments

Commonwealth Electoral Act 1918

1 Subsection 184(1)

Repeal the subsection, substitute:

(1) An application must be in writing in the approved form and must

contain a declaration by the applicant that he or she is an elector

entitled to apply for a postal vote.

2 Subsections 184(2) and (3)

After "be made", insert "directly".

3 Subsection 184(3A)

Repeal the subsection.

4 Section 187

Repeal the section.

5 Subsection 188(1)

Omit ", properly signed and witnessed, for a postal vote", substitute "for

a postal vote that is in accordance with subsection 184(1)".

6 Subsection 188(1) (note)

Repeal the note.

7 After paragraph 194(1)(d)

Insert:

(da) the elector must declare, on the postal vote certificate, that

the requirements referred to in paragraphs (a), (b) and (d)

were satisfied before the close of the poll;

(db) the authorised witness must declare, on the postal vote

certificate, that the requirements referred to in paragraphs (a)

to (c) were satisfied before the close of the poll;

8 Paragraph 194(1A)(a)

Postal voting Schedule 6

Main amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 39

After "signed", insert "and dated".

9 Paragraphs 3 and 3A of Schedule 3

Repeal the paragraphs, substitute:

3. If the DRO has reason to doubt that the signature on the postal vote

certificate that purports to be the elector's signature is the elector's

signature, the DRO must check the signature against the most

recent record (if any) of the elector's signature that is available to

the DRO.

10 Paragraphs 7 and 7A of Schedule 3

Repeal the paragraphs, substitute:

7. A vote marked on a postal ballot paper must be taken not to have

been recorded prior to the close of the poll if the date referred to in

paragraph 194(1)(c) in relation to the postal vote certificate is a

date after polling day.

7A. A vote marked on a postal ballot paper must be taken not to have

been recorded prior to the close of the poll if:

(a) subsection 194(1A) applies in relation to the vote; and

(b) the date referred to in paragraph 194(1A)(a) is a date after

polling day.

Referendum (Machinery Provisions) Act 1984

11 Subsection 55(1)

Repeal the subsection, substitute:

(1) An application must be in writing in the approved form and must

contain a declaration by the applicant that he or she is an elector

entitled to apply for a postal vote.

12 Subsections 55(2) and (3)

After "be made", insert "directly".

13 Subsection 55(3A)

Repeal the subsection.

14 Section 60

Schedule 6 Postal voting

Part 1 Main amendments

40 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Repeal the section.

15 Subsection 61(1)

Omit ", properly signed and witnessed, for a postal vote", substitute "for

a postal vote that is in accordance with subsection 55(1)".

16 Subsection 61(1) (note)

Repeal the note.

17 After paragraph 65(1)(d)

Insert:

(da) the elector must declare, on the postal vote certificate, that

the requirements referred to in paragraphs (a), (b) and (d)

were satisfied before the close of voting;

(db) the authorised witness must declare, on the postal vote

certificate, that the requirements referred to in paragraphs (a)

to (c) were satisfied before the close of voting;

18 Paragraph 65(1A)(a)

After "signed", insert "and dated".

19 Paragraphs 3 and 3A of Schedule 4

Repeal the paragraphs, substitute:

3. If the DRO has reason to doubt that the signature on the postal vote

certificate that purports to be the elector's signature is the elector's

signature, the DRO must check the signature against the most

recent record (if any) of the elector's signature that is available to

the DRO.

20 Paragraphs 7 and 7A of Schedule 4

Repeal the paragraphs, substitute:

7. A vote marked on a postal ballot-paper must be taken not to have

been recorded prior to the close of voting if the date referred to in

paragraph 65(1)(c) in relation to the postal vote certificate is a date

after voting day.

7A. A vote marked on a postal ballot-paper must be taken not to have

been recorded prior to the close of voting if:

(a) subsection 65(1A) applies in relation to the vote; and

Postal voting Schedule 6

Main amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 41

(b) the date referred to in paragraph 65(1A)(a) is a date after

voting day.

21 Application of amendments

The amendments made by this Part apply in relation to elections and

referendums the writs for which are issued on or after the

commencement of the amendments.

22 Saving provision for approved forms

A form that, immediately before the commencement of this Part, was an

approved form for the purpose of:

(a) subsection 184(1) of the Commonwealth Electoral Act 1918

(as in force immediately before that commencement); or

(b) subsection 55(1) of the Referendum (Machinery Provisions)

Act 1984 (as in force immediately before that

commencement);

continues to be an approved form for the purpose of that subsection as

in force after that commencement, until another form becomes an

approved form for the purpose of that subsection.

Schedule 6 Postal voting

Part 2 Other amendments

42 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Part 2--Other amendments

Commonwealth Electoral Act 1918

23 Subsection 184AA(1)

Omit "may", substitute "must not".

Referendum (Machinery Provisions) Act 1984

24 Subsection 56(1)

Omit "may", substitute "must not".

Other amendments relating to rolls and enrolment Schedule 7

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 43

Schedule 7--Other amendments relating to

rolls and enrolment

Part 1--Amendments

Commonwealth Electoral Act 1918

1 At the end of section 90A

Add:

Limitation

(5) A right of inspection under this section does not include the right to

copy or record by electronic means the Roll or a part of the Roll.

2 After subsection 90B(8A)

Insert:

(8B) Paragraph (8A)(d) does not apply in relation to the postal address

of a person who is a general postal voter.

3 At the end of subsection 91A(2B)

Add:

; and (c) any other purpose that is prescribed by the regulations for the

purposes of this paragraph.

4 Paragraph 96(1)(b)

Repeal the paragraph, substitute:

(b) is not entitled to be enrolled for any Subdivision because:

(i) the person does not reside in any Subdivision; or

(ii) the person is a homeless person;

5 At the end of paragraph 96(7)(a)

Add "or".

6 After paragraph 96(7)(a)

Insert:

Schedule 7 Other amendments relating to rolls and enrolment

Part 1 Amendments

44 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

(aa) if subparagraph (1)(b)(ii) applied in relation to the

application--ceases to be a homeless person; or

7 Subsection 96(7)

After "paragraph (a),", insert "(aa),".

8 After subsection 96(8)

Insert:

(8A) Paragraph (7)(a) and subsection (8) do not apply in relation to a

homeless person.

(8B) Subject to subsection (9), if:

(a) a person is being treated as an itinerant elector under this

section because the person is a homeless person; and

(b) the person ceases to be a homeless person;

the person ceases to be eligible to be treated as an itinerant elector

under this section upon ceasing to be a homeless person.

9 Paragraph 96(9)(a)

Repeal the paragraph.

10 Subsection 96(10)

After "subsection (8)", insert ", (8B)".

11 Subsection 96(13)

Insert:

homeless person includes:

(a) a person living in:

(i) crisis accommodation; or

(ii) transitional accommodation; and

(b) a person who has inadequate access to safe and secure

housing within the meaning of section 4 of the Supported

Accommodation Assistance Act 1994.

Other amendments relating to rolls and enrolment Schedule 7

Application of amendments Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 45

Part 2--Application of amendments

12 Application of amendments

The amendments made by items 2 and 3 apply in relation to information

provided on or after the commencement of those items.

Schedule 8 Eligibility for early voting

Part 1 Amendments

46 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Schedule 8--Eligibility for early voting

Part 1--Amendments

Commonwealth Electoral Act 1918

1 After paragraph 3 of Schedule 2

Insert:

3A. Throughout the hours of polling on polling day, the elector will be

absent from the Division for which the elector is enrolled.

2 Before paragraph 8 of Schedule 2

Insert:

7A. The elector will be unable to attend a polling booth on polling day

because of a reasonable fear for, or a reasonable apprehension

about, his or her personal wellbeing or safety.

Referendum (Machinery Provisions) Act 1984

3 After paragraph 3 of Schedule 3

Insert:

3A. Throughout the hours of voting on voting day, the elector will be

absent from the Division for which the elector is enrolled.

4 Before paragraph 8 of Schedule 3

Insert:

7A. The elector will be unable to attend a polling booth on voting day

because of a reasonable fear for, or a reasonable apprehension

about, his or her personal wellbeing or safety.

Eligibility for early voting Schedule 8

Application of amendments Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 47

Part 2--Application of amendments

5 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.

Schedule 9 Minor technical amendments

Part 1 Amendments

48 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

Schedule 9--Minor technical amendments

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Paragraph 17(1A)(a)

Omit "subsection 91(4A)", substitute "subsection 90B(1)".

2 Paragraph 17(1A)(b)

Repeal the paragraph, substitute:

(b) each person or organisation to whom the Commission has

given a copy of a Roll, or an extract of a Roll, under

subsection 90B(4).

3 Subsection 31(4)

Omit "the Australian Capital Territory", substitute "a State".

4 Subsection 123(1) (definition of Commission)

Repeal the definition.

5 Section 125

Omit "Commission", substitute "Electoral Commission".

6 Subsection 126(1)

Omit "made to the Commission", substitute "made to the Electoral

Commission".

7 Paragraphs 126(2A)(a) and (c)

Omit "Commission", substitute "Electoral Commission".

8 Subsection 126(3)

Omit "Commission", substitute "Electoral Commission".

9 Section 127

Omit "Commission", substitute "Electoral Commission".

10 Subsection 129(1)

Minor technical amendments Schedule 9

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 49

Omit "Commission", substitute "Electoral Commission".

11 Section 130

Omit "Commission", substitute "Electoral Commission".

12 Subsection 131(1)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

13 Subsection 131(2)

Omit "Commission", substitute "Electoral Commission".

14 Subsection 131(3)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

15 Paragraph 132(1)(a)

Omit "Commission", substitute "Electoral Commission".

16 Subsections 132(2) and (4)

Omit "Commission", substitute "Electoral Commission".

17 Subsection 132(5)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

18 Subsection 132(6)

Omit "Commission", substitute "Electoral Commission".

19 Subsection 132(7)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

20 Subsection 132A(1)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

Note:

The heading to section 132A is altered by omitting "Commission" and substituting

"Electoral Commission".

Schedule 9 Minor technical amendments

Part 1 Amendments

50 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

21 Subsections 133(1) and (3)

Omit "Commission", substitute "Electoral Commission".

22 Subsections 134(1), (1A) and (3)

Omit "Commission", substitute "Electoral Commission".

23 Subsection 134(5)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

24 Subsections 134(6) and (7)

Omit "Commission", substitute "Electoral Commission".

25 Subsection 134(8)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

26 Paragraph 134A(1)(a)

Omit "Commission", substitute "Electoral Commission".

27 Subsection 134A(2)

Omit "Commission", substitute "Electoral Commission".

28 Subsection 134A(2A)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

29 Subsection 135(1)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

30 Subsection 136(1A)

Omit "Commission", substitute "Electoral Commission".

31 Subsection 137(1)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

32 Subsections 137(2), (4), (5), (6) and (7)

Minor technical amendments Schedule 9

Amendments Part 1

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 51

Omit "Commission", substitute "Electoral Commission".

33 Sections 138 and 139

Omit "Commission", substitute "Electoral Commission".

34 Subsection 140(1)

Omit "Commission", substitute "Electoral Commission".

35 Subsections 140(2) and (3)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

36 Subsection 141(1) (definition of Commission)

Repeal the definition.

37 Subsection 141(1)

Insert:

Electoral Commission does not include a delegate of the Electoral

Commission.

38 Subsection 141(1) (definition of reviewable decision)

Omit "Commission" (wherever occurring), substitute "Electoral

Commission".

39 Subsection 141(2)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

40 Subsections 141(4) and (5)

Omit "Commission", substitute "Electoral Commission".

41 Subsections 141(7) and (8)

Omit "Commission" (first occurring), substitute "Electoral

Commission".

42 Subsection 141(9)

Omit "Commission", substitute "Electoral Commission".

Schedule 9 Minor technical amendments

Part 1 Amendments

52 Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010

No. , 2010

43 Section 230

Omit "female".

44 Section 230

After "because", insert "his or".

45 Subsection 274(10)

Omit "Subject to subsection (11), in", substitute "In".

46 Subsection 385A(2) (definition of article)

Omit "to which section 332 applies".

Referendum (Machinery Provisions) Act 1984

47 Subsection 32(2)

Omit "a female", substitute "an".

48 Subsection 32(2)

Omit "she has changed her surname", substitute "he or she has changed

his or her surname".

Minor technical amendments Schedule 9

Application of amendments Part 2

Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 No.

, 2010 53

Part 2--Application of amendments

49 Application of amendments

The amendments made by items 1 and 2 apply in relation to financial

years ending on or after the commencement of those items (whether the

copy or extract was given before, on or after that commencement).

Commonwealth of Australia Bills

ELECTORAL AND REFERENDUM AMENDMENT (MODERNISATION AND OTHER MEASURES) BILL 2010