Bills

Electoral (Electronic Documents and Other Matters) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 3, lines 15 and 16—Delete the clause.

No. 2. Clause 7, page 3, line 23—Delete ‘prescribed by the regulations’ and substitute:

considered appropriate by the Electoral Commissioner

No. 3. New clause, page 3, after line 27—Insert:

9A—Amendment of section 29—Entitlement to enrolment

Section 29(1)(a)(iii)—delete subparagraph (iii) and substitute:

(iii) has their principal place of residence in the subdivision and—

(A) has lived at that place of residence for a continuous period of at least 1 month immediately preceding the date of the claim for enrolment; or

(B) lives at that place of residence and satisfies the Electoral Commissioner with evidence that complies with any requirements of the Electoral Commissioner that they will live there for more than 1 month from the date of the claim for enrolment; and

No. 4. New clause, page 3, after line 31—Insert:

10A—Amendment of section 32—Making of claim for enrolment or transfer of enrolment

Section 32—after subsection (1a) insert:

(1b) If a person makes a claim for enrolment or transfer of enrolment pursuant to section 69(1a), the person will be taken to have made a claim for enrolment or transfer of enrolment in accordance with this Act (even if the claim does not comply with the requirements to be in the manner and form approved by the Electoral Commissioner and given to an electoral registrar).

No. 5. Clause 11, page 4, line 7—Delete ‘prescribed by the regulations’ and substitute:

considered appropriate by the Electoral Commissioner

No. 6. Clause 12, page 4, line 10—Delete ‘2’ and substitute ‘14’

No. 7. Clause 12, page 4, after line 10 [clause 12, after subclause (1)]—Insert:

(1a) Section 48(4)(a)—delete ‘3 days after the date fixed for the close of the rolls’ and substitute:

9 days after the date of the issue of the writ

No. 8. Clause 12, page 4, line 14—Delete ‘prescribed by the regulations’ and substitute:

considered appropriate by the Electoral Commissioner

No. 9. Clause 13, page 4, line 19—Delete ‘prescribed by the regulations’ and substitute:

considered appropriate by the Electoral Commissioner

No. 10. New clause, page 7, after line 20—Insert:

21A—Amendment of section 69—Entitlement to vote

Section 69—after subsection (1) insert:

(1a) A person is entitled to vote in an election for a district if the person—

(a) is entitled to be enrolled on the electoral roll for the district (whether by way of enrolment or transfer of enrolment); and

(b) after the close of rolls for the election and no later than 6 pm on polling day, makes a claim for enrolment or transfer of enrolment (as the case requires) under section 32 to the Electoral Commissioner or an officer.

(1b) If, in relation to a person claiming an entitlement to vote under subsection (1a), the district for which the person is entitled to be enrolled as an elector for the purposes of this Act is not able to be determined at the time of the making of the claim, the person is entitled to make a declaration vote for each district for which the person might be entitled to be enrolled, provided that—

(a) the Electoral Commissioner must, as soon as reasonably practicable after the making of the claim, determine the district for which the person is entitled to be enrolled as an elector; and

(b) the Electoral Commissioner must ensure that only the declaration vote in respect of that district is accepted in the counting of votes for the purposes of the election.

No. 11. Clause 22, page 7, after line 24 [clause 22, after subclause (1)]—Insert:

(1a) Section 71—after subsection (1) insert:

(1a) However, an elector to whom section 69(1a) applies may only exercise their vote by making a declaration vote.

No. 12. Clause 29, page 10, after line 4 [clause 29, after subclause (5)]—Insert:

(5a) Section 84A—after subsection (2) insert:

(2a) Regulations relating to an assisted voting method that involves telephone voting must at least provide for the method to include the following requirements:

(a) a witness who listens to the entire telephone communication between a prescribed elector voting using the method and the officer taking the vote and ensures that—

(i) the prescribed elector's vote is accurately marked by the officer in the presence of the witness; and

(ii) the officer then reads the marked vote aloud to the prescribed elector; and

(iii) the prescribed elector confirms that their vote has been accurately marked or, if the prescribed elector seeks to amend their vote, the officer accurately marks the amendments and reads the amended marked vote aloud to the prescribed elector;

(b) a witness who performs the functions referred to in paragraph (a) in relation to an assisted vote—

(i) records a unique identifier number (being a number provided to the prescribed elector in relation to their assisted vote) on the declaration envelope into which the vote is to be placed; and

(ii) signs the declaration envelope; and

(iii) folds the ballot paper and seals it inside the declaration envelope.

(2b) Regulations made under section 84A(2)(f) cannot disapply or modify the operation of subsection (2a) in relation to an assisted voting method that involves telephone voting.

No. 13. Clause 29, page 10, lines 6 and 7 [clause 29(6), inserted definition of prescribed elector]—Delete the definition of prescribed elector and substitute:

prescribed elector means—

(a) a sight-impaired elector; or

(b) an elector with a disability within the meaning of the Disability Inclusion Act 2018 (other than sight-impairment); or

(d) any other elector, or class of elector, specified for the purposes of this definition in a direction under section 25 of the Emergency Management Act 2004.

No. 14. Clause 29, page 10, after line 7—Insert:

(7) Section 84—after subsection (4) insert:

(5) For the purposes of paragraph (b) of the definition of prescribed elector in subsection (4), the regulations may declare that a reference to a disability in that paragraph—

(a) will be taken to include a disability of a kind prescribed by the regulations; and

(b) will be taken not to include a disability of a kind prescribed by the regulations.

No. 15. Clause 33, page 11, lines 15 and 16 [clause 33(2), inserted subsection (4)]—Delete ‘this Act and the requirements prescribed by the regulations’ and substitute:

this section and the other relevant provisions of this Act

No. 16. Clause 33, page 11, after line 16 [clause 33(2), after inserted subsection (4)]—Insert:

(5) In connection with section 89(4), the following requirements apply in relation to the scrutiny of ordinary votes taken at a pre-polling booth before polling day undertaken before the close of poll:

(a) the scrutiny is to be conducted in 1 or more areas determined by the Electoral Commissioner (restricted areas);

(b) the Electoral Commissioner must appoint an officer as a responsible officer for a restricted area;

(c) a person must not enter a restricted area before the close of poll unless—

(i) the responsible officer grants the person permission to enter the restricted area, which may be subject to conditions determined by the responsible officer; and

(ii) the person gives the responsible officer an undertaking not to leave the restricted area before the close of poll;

(d) a person must leave a restricted area on being required to do so by the responsible officer for the restricted area;

(e) a person must not enter a restricted area before the close of poll if the person is in possession of a device that enables information to be conveyed to a person or machine outside the restricted area;

(f) a person in possession of a device of a kind referred to in paragraph (e) in a restricted area before the close of poll must surrender the device on being required to do so by the responsible officer for the restricted area and the responsible officer may retain the device until the close of poll;

(g) a person who is or has been in a restricted area must not, before the close of poll, disclose to any person outside the restricted area any information relating to the scrutiny of votes (including the counting of votes) undertaken before the close of poll.

(6) A person who contravenes or fails to comply with a requirement under subsection (5)(c) to (g) is guilty of an offence.

Maximum penalty: $5,000.

(7) A person who contravenes or fails to comply with an undertaking made, or a condition of a permission granted, under subsection (5)(c) is guilty of an offence.

Maximum penalty: $5,000.

(8) The Electoral Commissioner may grant a person an exemption from a provision of subsection (5) to (7) in an emergency or to deal with an urgent situation.

(9) A person who contravenes or fails to comply with a requirement to leave a restricted area under subsection (5)(d) may be removed from the restricted area by a police officer or a person authorised by the responsible officer for the restricted area to remove the person.

No. 17. New clause, page 12, after line 9—Insert:

36A—Amendment of section 115A—Automated political calls

Section 115A(1) and (2)—delete subsections (1) and (2) and substitute:

A person must not make, or cause or permit the making of, a telephone call consisting of a pre-recorded electoral advertisement.

Maximum penalty:

(a) if the offender is a natural person—$5,000;

(b) if the offender is a body corporate—$10,000.