Lidia Thorpe (Victoria, Australian Greens) Share this | Hansard source

I move:

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

Schedule 12 — Secure telephone voting

Referendum (Machinery Provisions) Act 1984

1 Section 73L

Insert:

electronically assisted voting method includes a method prescribed for the purposes of subsection 73M(1B).

2 After subsection 73M(1A)

Insert:

(1B) The regulations must provide for a telephone voting method, to be used by persons covered by a determination under subsection 73QB(1), to vote at referendums.

3 Subsection 73M(3)

Omit "subsection (1) or (1A)", substitute "subsection (1), (1A) or (1B)".

4 Subsec tion 73M(7)

Omit "and Antarctic electors", substitute ", Antarctic electors and persons covered by a determination under subsection 73QB(1)".

5 At the end of Part IVB

Add:

73QB Electoral Commissioner must determine that certain persons may use a secure tel ephone voting method

(1) The Electoral Commissioner must, by legislative instrument, determine that a secure telephone voting method prescribed for the purposes of subsection 73M(1B) may be used by individuals:

(a) who have not previously voted in the referendum; and

(b) who are a member of a class of persons specified in subsection (2) during all or part of the period:

(i) starting at 6.01pm on the Wednesday that is 3 days before the voting day in the referendum; and

(ii) ending on the close of voting for the referendum.

Note: Nothing in this section or in the regulations made for the purposes of subsection 73M(1B) authorises any person to vote more than once at a referendum, see subsection 73M(6).

(2) The class of persons for the purposes of paragraph (1)(b) include the following:

(a) voters located in a remote area;

(b) voters receiving residential care (within the meaning of the Aged Care Act 1997);

(c) voters impacted by a declared emergency or declared natural disaster;

(d) voters in hospital who are unable to attend a polling place;

(e) voters located overseas who do not have access to a postal vote or overseas polling place;

(f) itinerant electors;

(g) any other class of persons specified in the regulations for the purposes of this paragraph.

(3) The regulations may specify eligibility requirements for the classes of persons mentioned in subsection (2).

Instrument must be published on the Electoral Commission's website

(4) If the Electoral Commissioner makes a legislative instrument under subsection (1), the Electoral Commissioner:

(a) must publish the legislative instrument on the Electoral Commission's website; and

(b) may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate.

Electoral Commissi oner's powers may not be delegated

(5) Despite section 138, the Electoral Commissioner may not delegate a power or function under this section.

These amendments would introduce telephone voting provisions similar to those we had during COVID. It is nothing radical, nothing new and completely doable. It is a small measure with a big impact that would allow so many people who otherwise could not vote to vote because they can't physically attend a voting booth to cast their votes. If referendums are really the people's vote then we should all support these amendments. I'll also add that I won't be moving amendments on sheets 1854 or 1818.