Anthony Byrne (Holt, Australian Labor Party, Parliamentary Secretary to the Prime Minister) Share this | Hansard source

by leave—I present an explanatory memorandum to the bill and move government amendments (1) and (2) as circulated:

(1)    Clause 2, page 2 (table item 4), omit “Schedule 5”, substitute “Schedules 5 and 6”.

(2)    Page 64 (after line 5), at the end of the Bill, add:

Schedule 6Electronic voting

Part 1Amendments

Commonwealth Electoral Act 1918

1  Part XVB (heading)

Repeal the heading, substitute:

Part XVBElectronically 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 IVBElectronically 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 2Application 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.

Taken together amendments (1) and (2) to the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2006 enable the Australian Electoral Commission to provide voters who are blind or have low vision with the means to cast an independent and secret vote. These amendments are needed as the current legislation requires a voter who is blind or has low vision to rely on another person to complete their ballot paper. The resulting vote is neither secret nor independent. The amendments will modify the existing parts of the electoral act and referendum act, which provided for a one-off electronic voting trial at the 2007 federal election. The amendments maintain the existing approach of these parts so that electronically assisted voting will be made possible by broad legislative frameworks supported by regulations. This approach provides flexibility to change the arrangements as technology develops from election to election.

These amendments provide for regulations to be made to cover matters such as the process of casting an electronically assisted vote, the privacy, secrecy and integrity of the vote and the places, days and hours on which the electronically assisted voting will be available. The amendments retain the requirement for a record to be kept of who has voted using the electronically assisted voting method. The amendments also require a record to be kept of the vote. This record will be included in the count like a ballot paper.

Following consultation with peak representative bodies, for the next federal election the AEC proposes to utilise a call centre arrangement so that a person who is blind or has low vision may cast a secret vote. A voter may attend any of the AEC divisional offices in the two weeks before polling day and have their eligibility to cast a vote checked against a certified list or some other means. If eligibility is confirmed, the voter will be connected to a call centre where two trained operators will complete a ballot paper in accordance with the voter’s instructions. The completed ballot papers will then be forwarded to the relevant division and counted in the usual way. This is a measure that was welcomed yesterday by Australia’s Disability Discrimination Commissioner, Graeme Innes, as one that has the potential to benefit 300,000 Australians who are blind or have low vision. The arrangements proposed for the next federal election are intended to be the first phase in delivering more options to voters who are blind or have low vision.

Question agreed to.

Question put:

That the bill, as amended, be agreed to.

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