Alex Hawke (Mitchell, Liberal Party, Special Minister of State) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I am pleased today to present this bill to amend the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to enable the Australian Electoral Commission to better align work practices with their contemporary behaviour and expectations of voters. The Electoral Legislation Amendment (Modernisation and Other Measures) Bill 2018 increases transparency around candidate eligibility and positions the AEC to facilitate more efficient, cost-effective and timely service delivery. This will result in improved public confidence in Australia's electoral system.

The bill implements recommendations made by the Joint Standing Committee on Electoral Matters in two of its recent reports:

Excluded: the impact of section 44 on Australian democracy

Third interim report on the inquiry into the conduct of the 2016 federal election

In line with these recommendations, the bill remedies errors, defects and anomalies in the legislation, and supports improvement in the conduct of federal elections. The bill applies the existing six-metre exclusion zone for polling booths on election day to prepoll voting centres, to improve the consistency of application across in-person voting methods.

The bill also includes provisions that makes minor changes to the composition of the Redistribution Committee for the Australian Capital Territory.

Schedule 1 – Candidate nominations

Schedule 1 of the bill makes a number of changes to part XIV of the Electoral Act to include an obligation for persons wishing to nominate as candidates in elections to provide information, in the form of a checklist, relevant to their eligibility under section 44 of the Constitution. The checklist will improve the nomination process and allow members of the public to scrutinise the information provided by all candidates. This will increase transparency and provide great certainty to voters, before polling, that the candidates are qualified to sit in parliament.

The bill will make completing the checklist a mandatory requirement for all candidates at the next federal election. The checklist is consistent with the form previously established by regulations and used at the recent by-elections. Information provided in the checklist is also consistent with the form used by current senators and members of parliament which is published on the respective parliamentary citizenship registers.

Schedule 2 – Amendments relating to voting and scrutiny processes

Schedule 2 to the bill makes a number of amendments to the Electoral Act and the referendum act, to modernise and simplify AEC operations to allow ballot papers to progress more quickly to the scrutiny process, without reducing count integrity.

Firstly, the bill allows for declaration vote ballot boxes to be opened and reconciled at the polling place, rather than being sent unopened to the divisional returning officer for reconciliation. This will eradicate the need for two to three days of additional work at out-posted centres before the declaration vote exchange can be finalised. The amendment is important for the effective and timely delivery of the next federal election.

The bill also makes a number of changes to electoral processes that are necessary to keep pace with modern technology. Currently, voters are required to use pencils to record their votes on ballot papers. This bill broadens the provision to allow for votes to be recorded using the most suitable and cost-effective implement or method. The purpose of broadening the provision to include reference to a 'method' of recording votes is to ensure that the legislation is futureproofed to reflect the increasing range of possible voting approaches, some of which may not have even been developed.

Canvassing for votes or soliciting the vote of an elector within six metres of the entrance of a polling booth, is prohibited. The bill will apply this six-metre exclusion zone to prepoll voting centres as well to ensure all voters can cast their vote in a neutral polling place, free from intimidation or harassment. These amendments do not prevent candidates and parties from distributing their campaign material or prohibit them from discussing issues with voters who might wish to engage prior to casting their vote. The amendments only restrict engaging in these activities within the immediate vicinity of a prepolling place.

The bill also makes several technical amendments to the legislation to remedy defects and facilitate efficient service delivery by the AEC.

Schedule 3 – Amendments relating to a Redistribution Committee for the Australian Capital Territory

In schedule 3 the bill changes the composition of Redistribution Committee for the Australian Capital Territory to allow a senior AEC staff member to be on the committee, rather than a senior divisional returning officer. This increases flexibility and improves the redistribution process without reducing the rigour and public consultation currently associated with this critical function of the AEC.

Conclusion

In conclusion, the bill introduces reforms to one of Australia's oldest pieces of legislation—the 100-year-old Commonwealth Electoral Act—to modernise and improve electoral processes and AEC operations for the benefit of the Australian voting public. These amendments will assist the AEC in the responsibility of delivering efficient and timely elections and promoting public confidence in a key democratic institution.

I commend the bill.

Debate adjourned.