Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
Electoral Amendment Bill 2009
FACT SHEET
The Electoral Amendment Bill 2009 Bill makes a number of amendments to the
Electoral Act 2004, most of which are to clarify, simplify or correct certain
provisions and to implement changes of a minor or technical nature.
The Bill amends schedule 3 of the Electoral Act 2004 by doubling the current
number of rotations of names on ballot papers to further reduce any remaining
advantage that can be gained from `linear' or so-called `donkey' voting. The
amendments will double the current number of rotations by adding another set
of rotations, with the order of names under the top position reversed, for each
current rotation.
Another amendment contained in this Bill is to provide that electors who fail to
vote may be referred to the Monetary Penalties Enforcement Service. If an
elector fails to reply to an original notice of failure to vote, or a notice
determining that their excuse is insufficient, an infringement notice will be issued
that will come under the provisions of the Monetary Penalties Enforcement Act
2005.
Section 31 of the Electoral Act provides that a person is entitled to be enrolled
on the State roll if the person is enrolled on the Commonwealth roll. However
under the Commonwealth Electoral Act 1918, a claim for enrolment is suspended
from the date of the issue of the writ for a Federal election in that division, until
the close of polling for that election. Amendments to Part 3 of the Act will
ensure that enrolment for state purposes still proceeds during this period,
notwithstanding a Federal election.
The Bill amends section 191 of the Electoral Act to make it an offence to "keep
on display" unauthorised electoral matter. This will cover the situation where a
sign of poster, which is not authorised, is printed and distributed before the writ
is issued but is kept on display after, and is in line with recent amendments to
the Local Government Act 1993.
Currently, under the Constitution Act 1934, a person is eligible to be nominated if
that person is (amongst other things) an elector. However with the
commencement of the new Electoral Act in 2004, a person's name can be placed
on the roll at the age of 17 under provisions of the Commonwealth Electoral
Act, which we automatically adopt by virtue of section 32 of our Act.
Amendments to section 75 will therefore clarify that persons must have
attained the age of 18 years to nominate as a candidate. This will close this
loophole that was an unintended consequence of the Electoral Act 2004 adopting
automatic enrolment of electors on the Commonwealth roll.
Section 195 of the Act will be amended to provide a specific period for the
word "advertisement" to be printed as a headline to paid electoral advertising.
This period will be the same as the period for authorisation of campaign
material.
The latest day that nominations will be announced will be a Friday rather than a
Saturday, under amendments to section 70, ensuring ballot paper printing to
commence and candidate names to be advertised in Saturday's newspapers.
The defence to electoral treating contained in section 188(5) of the Act will be
clarified. As currently drafted it provides that it is a defence to show that similar
gifts or donations are regularly given to the club, association or body for similar
purposes. It has been argued that this defence may be relied upon if the body
regularly receives such gifts or donations from any persons and not just the
person seeking to rely upon the defence. The equivalent provision in the Local
Government Act was recently amended to close the same loophole.
The Bill will also amend the Electoral Act to exclude inexpensive items such as
pens or balloons that do not exceed in total 1 fee unit (currently $1.28) per
person, from the offences of electoral bribery and treating.
The nomination form will be simplified, and will no longer require the complex
one page declaration as to eligibility which has at times caused confusion
amongst candidates. The basic requirements of the declaration will be set out in
the Act and the form approved by the Tasmanian Electoral Commission, as are
most other forms and procedures under the Act.
Section 115 currently only allows for absent voting before polling day by
electors who are voting by way of mobile polling. This was an unintended
restriction and will be amended to also allow such voting on polling day.
Currently the Commission may approve any procedures that are reasonable
and appropriate to assist an elector at a polling place who is unable to vote
without assistance. The amendment to section 130 will enable the Commission
to approve procedures to assist such electors who are voting by post.
2 of 2