Andrew McLachlan (SA, Deputy-President) Share this | Hansard source

I will now deal with the amendments circulated by Pauline Hanson's One Nation. These are on sheet 3309, amendments (9), (10) and (13). The first question is that sections 310P and 311 in item 8 of schedule 5 stand as printed and part 1 of schedule 7 stand as amended.

Pauline Hanson's One Nation's circulated amendments—

(9) Schedule 5, item 8, page 154 (lines 7 to 21), section 310P to be opposed.

(10) Schedule 5, item 8, page 154 (line 22) to page 155 (line 10), section 311 to be opposed.

(13) Schedule 7, Part 1, page 169 (line 3) to page 184 (line 28), to be opposed.

Question agreed to.

The question before the committee is that Pauline Hanson's One Nation's remaining amendments on sheet 3309 and the amendments on sheets 3299, 3307, 3308 and 3310 be agreed to.

Pauline Hanson's One Nation circulated amendments—

SHEET 3309

(1) Schedule 1, item 8, page 8 (lines 20 to 22), paragraph beginning "Administrative assistance funding", omit the paragraph.

(2) Schedule 1, item 18, page 15 (lines 5 to 6), omit "or Division 3AA (administrative assistance funding)".

(3) Schedule 5, item 8, page 133 (lines 29 to 31), omit paragraph 310(3)(g).

(4) Schedule 5, item 8, page 134 (lines 19 to 23), omit subsection 310(5) (including the heading).

(5) Schedule 5, item 8, page 134 (lines 24 to 26), omit subsection 310(6).

(6) Schedule 5, item 8, page 137 (line 1), omit paragraph 310B(1)(c).

(7) Schedule 5, item 8, page 137 (lines 30 to 33), omit subsection 310B(4) (including the heading).

(8) Schedule 5, item 8, page 138 (lines 1 to 3), omit subsection 310B(5).

(11) Schedule 6, item 4, page 162 (line 29 to 32), omit note 3.

(12) Schedule 7, heading, page 169 (lines 1 to 2), omit "Administrative assistance funding and election", substitute "Election".

_____

SHEET 3299

(1) Clause 2, page 2 (after table item 13); insert:

(2) Page 205 (after line 19), after Schedule 9, insert:

Schedule 9A — Voter identification

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

proof of identity document has the meaning given by section 4AB.

2 After section 4AA

Insert:

4AB Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

3 After paragraph 200DG(1)(a)

Insert:

(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and

(ab) the voting officer is reasonably satisfied of the identity of the voter; and

4 Paragraph 200DG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);

(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or

5 Paragraph 200DG(2)(c)

Repeal the paragraph, substitute:

(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or

6 At the end of section 200DG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

7 Section 200DI

Repeal the section, substitute:

200DI Establishing voter's identity

(1) A voting officer must:

(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(6) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

8 At the end of subsection 200DJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

9 At the end of subsection 202AB(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

10 At the end of subsection 202AB(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

11 Subsection 221(3)

Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".

12 At the end of subsection 227(3)

Add:

Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.

13 Section 229 (heading)

Repeal the heading, substitute:

229 Establishing voter's identity etc.

14 Subsections 229(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4C) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

15 Paragraphs 229(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or

(b) either:

(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

16 At the end of section 229 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.

17 Paragraph 231(1)(a)

Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".

18 At the end of subsection 231(1)

Add:

Note: Section 235 deals with provisional votes.

19 Paragraph 235(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

20 Application provision

The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.

Referendum (Machinery Provisions) Act 1984

21 Subsection 3(1)

Insert:

proof of identity document has the meaning given by section 3AA.

22 After section 3

Insert:

3AA Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

23 Section 30 (heading)

Repeal the heading, substitute:

30 Establishing voter's identity etc.

24 Subsections 30(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;

(b) answers by the person to questions (if any) asked under section 229 of that Act.

(4B) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4D) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

25 Paragraphs 30(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or

(b) either:

(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

26 At the end of section 30 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.

27 Section 31

Repeal the section.

28 Paragraph 33(1)(a)

Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".

29 At the end of subsection 33(1)

Add:

Note: Section 37 deals with provisional votes.

30 Paragraph 37(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

31 At the end of subsection 51(3)

Add:

Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.

32 After paragraph 73CG(1)(a)

Insert:

(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and

(ab) a voting officer is reasonably satisfied of the identity of the voter; and

33 Paragraph 73CG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);

(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or

34 Paragraph 73CG(2)(c)

Repeal the paragraph, substitute:

(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or

35 At the end of section 73CG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

36 Section 73CI

Repeal the section, substitute:

73CI Establishing voter's identity

(1) A voting officer must:

(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;

(b) answers by the person to questions (if any) asked under section 200DI of that Act.

(5) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(7) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

37 At the end of subsection 73CJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

38 At the end of subsection 73M(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

39 At the end of subsection 73M(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

40 Application provision

The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.

_____

SHEET 3307

(1) Clause 2, page 2 (after table item 5), insert:

(2) Page 129 (after line 8), after Schedule 4, insert:

Schedule 4A — Pre-poll voting period

Commonwealth Electoral Act 1918

1 Subsection 200BA(1AA)

Omit "12 days before polling day", substitute "7 days before polling day".

Referendum (Machinery Provisions) Act 1984

2 Subsection 73AA(1AA)

Repeal the subsection, substitute:

(1AA) The day, or the earliest of the days, declared under paragraph (1)(b) must not be earlier than the day that is 7 days before the voting day for the referendum.

_____

SHEET 3308

(1) Clause 2, page 2 (after table item 7), insert:

(2) Page 158 (after line 5), after Schedule 5, insert:

Schedule 5A — Postal voting

Commonwealth Electoral Act 1918

1 After subsection 195A(2)

Insert:

(2A) If the date of receipt is a date after the Friday immediately preceding polling day, the DRO or officer must:

(a) immediately cancel the postal ballot paper or papers contained in the envelope; and

(b) write "discarded postal ballot paper or papers" on the back of the envelope; and

(c) sign the envelope.

(2B) The envelopes containing discarded postal ballot papers that have been cancelled under subsection (2A) must be bundled up and given to the DRO for the Division after the close of the poll.

2 Subsection 195A(5)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

3 Subsection 195A(6)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

Referendum (Machinery Provisions) Act 1984

4 After subsection 67(2)

Insert:

(2A) If the date of receipt is a date after the Friday immediately preceding polling day, the DRO or officer must:

(a) immediately cancel the postal ballot paper or papers contained in the envelope; and

(b) write "discarded postal ballot paper or papers" on the back of the envelope; and

(c) sign the envelope.

(2B) The envelopes containing discarded postal ballot papers that have been cancelled under subsection (2A) must be bundled up and given to the DRO for the Division after the close of the poll.

5 Subsection 67(5)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

6 Subsection 67(6)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

_____

SHEET 3310

(1) Clause 2, page 2 (after table item 11), insert:

(2) Page 191 (after line 6), after Schedule 8, insert:

Schedule 8A — Amendments to electoral offences relating to how-to-vote cards

Commonwealth Electoral Act 1918

1 Subsection 335(1)

Repeal the subsection, substitute:

(1) A person shall not, except for the purposes of section 234, exhibit or leave in any polling booth:

(a) a how-to-vote card; or

(b) any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting;

unless the how-to-vote card or the card or paper is exhibited on the wall of the polling booth directly facing one or more entrances to the booth.

Penalty: 5 penalty units.

2 After subsection 340(1A)

Insert:

(1B) A person commits an offence if:

(a) the person engages in any of the following activities:

(i) distributing how-to-vote cards;

(ii) distributing card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting;

(b) the activity is engaged in at an entrance to, or in any place (whether public or private) within 500 meters of an entrance to:

(i) a polling booth at which voting in the election is taking place; or

(ii) a pre-poll voting office at which applications for pre-poll voters may be made, or pre-poll ordinary voting is available, for the election; and

(c) the activity is engaged in:

(i) in relation to a polling booth—on polling day or on a day to which the polling is adjourned for the election; or

(ii) in relation to a pre-poll voting office—at any time during which applications for pre-poll votes may be made, or pre-poll ordinary voting is available, at the office.

Penalty: 5 penalty units.

3 Subsection 340(2)

Omit "or (1A)(ba)", substitute ", (1A)(ba) or (1B)(c)".

Referendum (Machinery Provisions) Act 1984

4 Subsection 126(1)

Repeal the subsection, substitute:

(1) A person shall not, except for the purposes of section 36, exhibit or leave in any polling booth any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting unless the card or paper is exhibited on the wall of the polling booth directly facing one or more entrances to the booth.

Penalty: 5 penalty units.

5 After subsection 131(1A)

Insert:

(1B) A person commits an offence if:

(a) the person distributes card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting; and

(b) the activity mentioned in paragraph (a) is engaged in at an entrance to, or in any place (whether public or private) within 500 meters of an entrance to:

(i) a polling booth at which voting in the referendum is taking place; or

(ii) a pre-poll voting office at which applications for pre-poll voters may be made, or pre-poll ordinary voting is available, for the referendum; and

(c) the activity mentioned in paragraph (a) is engaged in:

(i) in relation to a polling booth—on polling day or on a day to which the polling is adjourned for the referendum; or

(ii) in relation to a pre-poll voting office—at any time during which applications for pre-poll votes may be made, or pre-poll ordinary voting is available, at the office.

Penalty: 5 penalty units.

6 Subsection 131(2)

Omit "(1A)(ba)", substitute "(1A)(ba) or (1B)(c)".