Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Hansard source

Just to be clear, we're not proceeding with the amendment on sheet ZD205. I seek leave to move government amendments on sheets PX149, PX150, PX151, QE100 and ZB195 together, noting that Senator David Pocock has circulated an amendment to the amendment on sheet ZB195.

Leave granted.

I move:

Sheet PX149

(1) Schedule 2, page 7 (after line 26), after item 6, insert:

6A Subsection 89(2)

Omit "one person to act as a scrutineer during the scrutiny at each counting centre", substitute "persons to act as scrutineers during the scrutiny at each counting centre, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre".

6B Subsection 89(3)

Omit "one person to act as a scrutineer during the scrutiny at each counting centre in that State", substitute "persons to act as scrutineers during the scrutiny at each counting centre in that State, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre in that State".

6C Subsection 89(3A)

Omit "one person to act as a scrutineer during the scrutiny at each counting centre in the Territory", substitute "persons to act as scrutineers during the scrutiny at each counting centre in the Territory, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre in the Territory".

6D Subsection 89(4)

Omit "one person to act as a scrutineer during the scrutiny at each counting centre in the Northern Territory", substitute "persons to act as scrutineers during the scrutiny at each counting centre in the Northern Territory, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre in the Northern Territory".

Sheet PX150

(1) Schedule 4, item 8, page 41 (before line 3), before subitem (1), insert:

(1A) For the purposes of the definition of disclosure threshold in the Referendum (Machinery Provisions) Act 1984, as inserted by this Schedule, the amount for an indexation year is not replaced if the indexation year begins during the period:

(a) beginning on the day after this subitem commences; and

(b) ending on polling day for the first general election of the members of the House of Representatives held after the commencement of this subitem.

(1B) Subitem (1A) applies despite section 321A of the Commonwealth Electoral Act 1918.

Sheet PX151

(1) Page 6 (after line 13), after Schedule 1, insert:

Schedule 1A — Mobile polling

Referendum (Machinery Provisions) Act 1984

1 Subsection 51(5)

Repeal the subsection, substitute:

(5) A day notified under paragraph (4)(b) must be:

(a) if the voting day for the referendum is the same as that fixed for the polling at an election—any of the 12 days before voting day; or

(b) if the voting day for the referendum is not the same as that fixed for the polling at an election—any of the 19 days before voting day; or

(c) voting day; or

(d) a day to which the taking of votes of the electors at the referendum is adjourned.

2 After subsection 73AA(2)

Insert:

(2A) Without limiting paragraph (1)(a), a place specified to be a pre-poll voting office for a referendum may be a place that has been determined under paragraph 51(4)(a) to be a place that teams will visit for the purposes of taking votes under section 51 at the referendum.

3 Application of amendments

The amendments made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this Schedule.

(2) Schedule 2, item 4, page 7 (line 15 to 17), omit subsection 73AA(1AA), substitute:

(1AA) The day, or the earliest of days, declared under paragraph (1)(b) must not be earlier than:

(a) if the pre-poll voting office for a referendum is also a place that teams will visit for the purposes of taking votes under section 51 (about mobile booths) at the referendum—the day that is 19 days before the voting day for the referendum; or

(b) if paragraph (a) does not apply—the day that is 12 days before the voting day for the referendum.

Sheet QE100

(1) Clause 4, page 2 (lines 12 to 19), to be opposed.

(2) Page 17 (after line 15), after Schedule 3, insert:

Schedule 3A — Commonwealth expenditure

Referendum (Machinery Provisions) Act 1984

1 At the end of paragraph 11(4)(c)

Add ", including salaries, remuneration, allowances and expenses payable under the Constitution, the Parliamentary Business Resources Act 2017 and agreements for employment or engagement referred to in the Members of Parliament (Staff) Act 1984".

2 At the end of section 11

Add:

(5) Subsection (4) applies in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament, as referred to in subsection (1) or (2).

(6) To avoid doubt, subsection (4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities.

(7) To avoid doubt, activities referred to in subsection (6) must not address the arguments for or against a proposed law for the alteration of the Constitution.

(8) Subsection (4) does not prevent the Commonwealth from expending money in relation to meetings of the Constitutional Expert Group, the Referendum Engagement Group or the Referendum Working Group.

(9) Subsections (5) to (8) and this subsection are repealed at the start of the polling day for the first general election of the members of the House of Representatives held after the commencement of this subsection.

Sheet ZB195

(1) Page 63 (after line 2), at the end of the Bill, add:

Schedule 9 — Advertising blackout period

Broadcasting Services Act 1992

1 Subclause 1(1) of Schedule 2

Insert:

referendum advertisement, in relation to a referendum, means an advertisement:

(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984) that relates to that referendum; and

(b) in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration.

2 Subclause 1(1) of Schedule 2 (definition of relevant period )

Repeal the definition, substitute:

relevant period:

(a) in relation to an election—means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day; and

(b) in relation to a referendum—means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.

3 After clause 3A of Schedule 2

Insert:

3B Broadcasting of referendum advertisements

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(c) a community broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(2) A broadcaster must not broadcast a referendum advertisement in relation to a referendum during the relevant period for the referendum.

4 Paragraphs 7(1)(j), 8(1)(i), 9(1)(i), 10(1)(i) and 11(1)(d) of Schedule 2

After "3A,", insert "3B,".

5 Paragraph 24(1)(a) of Schedule 6

After "3A,", insert "3B,".

6 Subclause 24(4) of Schedule 6

After "3A,", insert "3B,".

Special Broadcasting Service Act 1991

7 Subsection 45(1)

Omit "section 70C", substitute "sections 70C and 71".

8 After section 70C

Insert:

71 Broadcasting of referendum advertisements

(1) The SBS must not broadcast a referendum advertisement in relation to a referendum during the relevant period for the referendum.

(2) In this section:

referendum has the same meaning as in the Referendum (Machinery Provisions) Act 1984.

referendum advertisement, in relation to a referendum, means an advertisement:

(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984) that relates to that referendum; and

(b) in respect of the broadcasting of which the SBS has received or is to receive, directly or indirectly, any money or other consideration.

relevant period, in relation to a referendum, means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.

9 Application of amendments

The amendments made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this Schedule.

These government amendments seek to amend the Referendum (Machinery Provisions) Amendment Bill 2022. In respect of the pamphlet, the bill will retain a requirement for the Electoral Commissioner to distribute an official 'yes' and 'no' pamphlet containing arguments for and against a proposal to alter the Constitution—authorised by parliamentarians—to all enrolled Australian households. This change has been made following consultation, and it reflects a bipartisan approach to electoral reform.

In relation to the amendment to the expenditure restrictions in section 11(4) of the Referendum (Machinery Provisions) Act, a decision to change our Constitution is a significant national event, and it has been more than two decades since a change has been proposed. In order to make an informed decision, the Australian people must have access to relevant information about our system of government. It is therefore important that the government can fund civics education activities in relation to the upcoming referendum on the Voice. To enable such activities to be funded, the bill temporarily suspends expenditure restrictions in section 11 of the referendum act.

However, following further consultation, the government has decided to amend, rather than suspend, section 14(4). This amendment will leave the expenditure restrictions relating to funding 'yes' and 'no' arguments in place but will ensure that these restrictions do not prevent funding of neutral civics awareness activities to provide the information needed to ensure that all Australians can cast an informed vote. Neutral civics education activities are an important way to assist in combating misinformation about the Constitution, Australia's system of government and the referendum process.

Importantly, this amendment also ensures that the government can continue to support consultation with the Referendum Working Group, the Referendum Engagement Group and the Constitutional Expert Group. The referendum act does not provide for public funding of 'yes' or 'no' campaigns, and the government has confirmed on many occasions that it will not provide public funding for either a 'yes' or a 'no' campaign. These exemptions will automatically be repealed at the end of the current parliament.

On the expansion of the mobile polling period, the government supports the committee's recommendation to strengthen opportunities for enfranchisement and participation in the referendum, particularly of Aboriginal and Torres Strait Islander people, including in remote communities. To support this outcome, the bill will expand the mobile polling period for referendums from 12 days to 19 days. Mobile polling is the primary voting mechanism for people living in remote locations. This will support the Australian Electoral Commission to conduct voting services in remote parts of Australia over an additional time period to increase participation and ensure that all voters have the chance to exercise their right and obligation to vote.

The government also made the Electoral and Referendum Amendment (Enrolment Enfranchisement) Regulations 2023 to expand the forms of identification a voter is able to produce in order to enrol or update their enrolment to include Medicare numbers and Australian citizenship notice numbers. This will allow those individuals who have previously faced barriers to enrolment as a result of not having the required evidence of identification documents to participate in elections and referenda.

On the broadcasting blackout, the bill will be amended to extend the broadcasting blackout period of political and election advertisements during referendums in the Broadcasting Services Act 1992. This will ensure that there is consistency in the blackout of advertisements across television and radio in the three days prior to polling day access, consistent with arrangements for federal elections. Consequential amendments will also be made to the Special Broadcasting Services Act 1991 to extend this broadcasting blackout to the SBS.

On scrutineers: scrutineers play a significant role in supporting the integrity of a referendum and trust in Australian democratic processes. The bill will be amended to align the number of persons that the Governor-General, state governors, chief ministers of the Australian Capital Territory and the administrator of the Northern Territory may appoint as scrutineers at a counting centre during the counting process, with the entitlement of registered political parties. This will support public confidence in the outcome of a referendum and is consistent with the entitlements of registered political parties.

On the issue of the disclosure threshold indexation, the bill introduces a transitional provision to freeze the financial disclosure threshold from the time the bill commences until the next general federal election. This will mean that the referendum entities and donors can have certainty that the disclosure threshold for this referendum will be $15,200.

Finally, Australia's electoral system is one of which we can be proud. This bill will modernise the legislation that will govern how this referendum will be conducted. The bill will advance the Prime Minister's commitment to hold a referendum to recognise Aboriginal and Torres Strait Islander people in the Constitution through a voice to parliament. I commend this bill to the Senate.