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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral Legislation Amendment
(Electoral Offences and Preventing
Multiple Voting) Bill 2021
No. , 2021
(Finance)
A Bill for an Act to amend the law relating to
elections in respect of suspected multiple voting and
interference with political liberty and to provide for
application of the amendments
No. , 2021
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Designated electors
3
Part 1--Main amendments
3
Commonwealth Electoral Act 1918
3
Part 2--Contingent amendments
8
Commonwealth Electoral Act 1918
8
Schedule 2--Offence relating to interference with political
liberty
9
Commonwealth Electoral Act 1918
9
No. , 2021
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
1
A Bill for an Act to amend the law relating to
1
elections in respect of suspected multiple voting and
2
interference with political liberty and to provide for
3
application of the amendments
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Electoral Legislation Amendment (Electoral
7
Offences and Preventing Multiple Voting)
Act 2021
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
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 Legislation
Amendment (Counting, Scrutiny and
Operational Efficiencies) Act 2021
.
However, the provision does not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Designated electors
Schedule 1
Main amendments
Part 1
No. , 2021
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
3
Schedule 1--Designated electors
1
Part 1--Main amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
designated elector
: see subsection 202AH(1).
6
2 At the end of section 84
7
Add:
8
(3) However, particulars contained in the Rolls in accordance with
9
paragraph (2)(c) must not relate to whether a person is a designated
10
elector.
11
3 After subsection 90B(6)
12
Insert:
13
Information about designated electors
14
(6A) The Electoral Commission must not include in information given
15
under subsection (1) or (4) information about whether a person is a
16
designated elector.
17
4 Paragraph 185(4)(c)
18
Omit "Commission", substitute "Commissioner".
19
5 After subsection 185(4)
20
Insert:
21
(4AA) The Electoral Commissioner must not, for the purposes of
22
paragraph (4)(c), determine any particulars relating to whether an
23
elector is a designated elector.
24
6 After subsection 189(2)
25
Insert:
26
Schedule 1
Designated electors
Part 1
Main amendments
4
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
No. , 2021
(2A) The Electoral Commissioner must not, for the purposes of
1
subparagraph (2)(b)(iii), determine any particulars relating to
2
whether an applicant is a designated elector.
3
7 Subsection 200A(2) (before the note)
4
Insert:
5
Note 1:
A person who is a designated elector is not entitled to vote by pre-poll
6
ordinary vote: see paragraph 200DG(2)(ea).
7
8 Subsection 200A(2) (note)
8
Omit "Note", substitute "Note 2".
9
9 After paragraph 200DG(2)(e)
10
Insert:
11
(ea) the voter is a designated elector; or
12
10 After Part XVB
13
Insert:
14
Part XVC--Designated electors
15
16
202AG Simplified outline of this Part
17
The Electoral Commissioner may declare an elector to be a
18
designated elector on the basis of a reasonable suspicion that the
19
elector has voted more than once in an election.
20
A designated elector may only vote by declaration vote.
21
Information about whether a person is a designated elector is
22
excluded from information relating to Rolls that may be disclosed
23
under the Act.
24
202AH Electoral Commissioner may declare designated electors
25
(1) The Electoral Commissioner may, in writing, declare that an
26
elector is a
designated elector
if the Electoral Commissioner
27
Designated electors
Schedule 1
Main amendments
Part 1
No. , 2021
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
5
reasonably suspects that the elector has voted more than once in an
1
election (whether or not the elector has been convicted of an
2
offence against subsection 339(1A) or (1C)).
3
(2) The Electoral Commissioner must give the elector written notice of
4
the declaration. The notice must set out the elector's right to have
5
the decision to make the declaration reviewed.
6
(3) A declaration under subsection (1) ceases to have effect if:
7
(a) the declaration relates to an elector who has been convicted
8
of an offence against subsection 339(1A) or (1C); and
9
(b) the elector's conviction is quashed on appeal.
10
(4) A declaration made under subsection (1) is not a legislative
11
instrument.
12
202AJ Review by Electoral Commissioner
13
(1) An elector may apply to the Electoral Commissioner for review of
14
a decision under subsection 202AH(1) (the
original decision
) to
15
declare that the elector is a designated elector.
16
(2) An application under subsection (1) must:
17
(a) be in writing; and
18
(b) include the elector's name and address and a statement of the
19
elector's reasons for making the application; and
20
(c) be made within 28 days of the day on which the elector is
21
notified under subsection 202AH(2) of the original decision.
22
(3) After receiving an application under subsection (1), the Electoral
23
Commissioner must:
24
(a) personally review the original decision; or
25
(b) cause the original decision to be reviewed by a person to
26
whom the Commissioner's powers and functions under this
27
section are delegated and who was not involved in making
28
the original decision.
29
(4) The person who reviews the original decision under subsection (3)
30
(the
reviewer
) must make a decision to either:
31
(a) confirm the original decision; or
32
(b) set aside the original decision and substitute a new decision.
33
Schedule 1
Designated electors
Part 1
Main amendments
6
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
No. , 2021
(5) The reviewer must give the elector written notice of the reviewer's
1
decision under subsection (4), including the reasons for the
2
decision. The notice must set out the elector's right to have the
3
decision reviewed.
4
(6) This section does not apply if the original decision was made by
5
the Electoral Commissioner personally.
6
202AK Review by Administrative Appeals Tribunal
7
Applications may be made to the Administrative Appeals Tribunal
8
for review of:
9
(a) a decision under subsection 202AH(1) made by the Electoral
10
Commissioner personally; or
11
(b) a decision under paragraph 202AJ(4)(a) by the reviewer
12
(within the meaning of subsection 202AJ(4)).
13
202AL Voting by designated electors at elections
14
(1) A designated elector is not permitted to vote in an election except
15
in accordance with this section.
16
(2) A designated elector may only vote by declaration vote.
17
Note:
The effect of subsection (2) is that designated electors are able to cast
18
declaration votes in accordance with the rules relating to postal voting
19
(see Part XV), pre-poll declaration voting (see Part XVA) and absent
20
and provisional voting (see Part XVI).
21
11 After subsection 208(2A)
22
Insert:
23
(2B) The list must not include the address of a person who is on the Roll
24
for the Division if the person is a designated elector.
25
12 At the end of subsection 222(1)
26
Add:
27
Note:
See section 202AL for rules about voting by designated electors.
28
13 After subsection 339(1A) (before the penalty)
29
Insert:
30
Designated electors
Schedule 1
Main amendments
Part 1
No. , 2021
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
7
Note:
The Electoral Commissioner may declare that a person convicted of
1
an offence against this subsection is a designated elector (see
2
subsection 202AH(1)).
3
14 After subsection 339(1C) (before the penalty)
4
Insert:
5
Note:
The Electoral Commissioner may declare that a person convicted of
6
an offence against this subsection is a designated elector (see
7
subsection 202AH(1)).
8
15 Application of amendment
9
Section 202AH of the
Commonwealth Electoral Act 1918
, as
10
inserted by this Schedule, applies in relation to a reasonable
11
suspicion that a person has voted more than once in an election,
12
whether or not the election occurred before or after the
13
commencement of this item.
14
Schedule 1
Designated electors
Part 2
Contingent amendments
8
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
No. , 2021
Part 2--Contingent amendments
1
Commonwealth Electoral Act 1918
2
16 Paragraph 17A(a) of Schedule 3
3
Repeal the paragraph, substitute:
4
(a) may withdraw the ballot papers in accordance with
5
paragraph 17:
6
(i) for ballot papers of electors other than designated
7
electors--at any time on or after the day that is 5 days
8
before polling day; or
9
(ii) for ballot papers of designated electors--after the close
10
of the poll; and
11
Offence relating to interference with political liberty
Schedule 2
No. , 2021
Electoral Legislation Amendment (Electoral Offences and Preventing
Multiple Voting) Bill 2021
9
Schedule 2--Offence relating to interference
1
with political liberty
2
3
Commonwealth Electoral Act 1918
4
1 Subsection 327(1) (penalty)
5
Repeal the penalty, substitute:
6
Note:
Violence, obscene or discriminatory abuse, property damage and
7
harassment or stalking are examples of conduct that may be an
8
offence under this subsection.
9
Penalty: Imprisonment for 3 years or 100 penalty units, or both.
10