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

I will now deal with the amendments circulated by the United Australia Party. We're on sheet 3189 on amendments (12), (25) and (28) and on sheet 3192 on amendments (3) and (5). The first question is that the following elements of the bill stand as printed: in schedule 5, section 310M in item 8; in schedule 6, items 5 to 11; in schedule 8, items 3 and 4; and schedule 4.

The United Australia Party opposed schedule 4 , schedule 5, schedule 6 and schedule 8 in the following terms—

SHEET 3189

(12) Schedule 4, page 95 (line 1) to page 129 (line 8), to be opposed.

(25) Schedule 5, item 8, page 152 (line 1) to page 153 (line 18), section 310M to be opposed.

(28) Schedule 8, item 3, page 189 (lines 15 to 18), to be opposed.

____

SHEET 3192

(3) Schedule 6, items 5 to 11, page 167 (line 8) to page 168 (line 4), to be opposed.

(5) Schedule 8, page 189 (lines 19 to 22), item 4 to be opposed.

Question agreed to.

We now come to sheets 3188, 3189, 3192 and 3218. The question now is that the remaining United Australia Party amendments on sheets 3189 and 3192 and the amendments on sheets 3188 and 3218 be agreed to.

United Australia Party's circulated amendments—

SHEET 3188

(1) Schedule 3, item 2, page 75 (after line 14), after subsection 302BA(3), insert:

(3A) Subsections (1) to (3) are subject to Subdivision AD (gifts that do not exceed gift caps).

(2) Schedule 3, item 2, page 87 (after line 31), after subsection 302CI(3), insert:

(3A) Subsections (2) and (3) are subject to Subdivision AD (gifts that do not exceed gift caps).

(3) Schedule 3, item 2, page 89 (after line 32), after subsection 302CJ(4), insert:

(4A) Subsections (3) and (4) are subject to Subdivision AD (gifts that do not exceed gift caps).

(4) Schedule 3, item 5, page 91 (after line 12), after Subdivision AC, insert:

Subdivision AD — Gifts that do not exceed gift caps

302CL Definitions

In this Subdivision:

electoral cycle means a period:

(a) beginning on the day on which the writs for a general election are issued; and

(b) ending immediately before the day on which the writs for the next general election are issued.

Government party means a registered political party that:

(a) forms part of the Government; or

(b) if the House of Representatives is expired or dissolved—formed part of the Government immediately before the expiration or dissolution.

maximum gift amount, on a day, means the amount that is the greater of the following:

(a) the sum of the amounts or values of all of the annual gifts, by-election gifts and Senate-only election gifts made to every Government party during the period:

(i) beginning when the writs for the most recent general election were issued; and

(ii) ending at the end of that day;

(b) the sum of the amounts or values of all of the annual gifts, by-election gifts and Senate-only election gifts made to every Opposition party during the period:

(i) beginning when the writs for the most recent general election were issued; and

(ii) ending at the end of that day.

Opposition party means a registered political party that:

(a) forms part of the Opposition; or

(b) if the House of Representatives is expired or dissolved—formed part of the Opposition immediately before the expiration or dissolution.

302CM When a gift does not exceed a gift cap

(1) For the purposes of this Division, and despite anything in Subdivision AA, AB or AC:

(a) an annual gift to which subsection (2) applies does not:

(i) exceed the annual gift cap; or

(ii) exceed the overall gift cap; or

(iii) exceed the State and Territory gift cap; and

(b) a by-election gift to which subsection (2) applies does not exceed the by-election gift cap; and

(c) a Senate-only election gift to which subsection (2) applies does not exceed the Senate-only election gift cap.

(2) This subsection applies to an annual gift, a by-election gift or a Senate-only election gift if:

(a) the gift is made to a person or entity (the recipient) mentioned in column 1 of an item in the following table on a day during an electoral cycle; and

(b) neither of the following applies:

(i) the amount or value of the gift is more than the maximum gift amount on that day;

(ii) the amount or value of the gift, when added to the amount or value of each previous annual gift, by-election gift and Senate-only election gift (if any) made during the same electoral cycle to the person or entity (the receiving party) mentioned in column 2 of that item, results in an amount or value that is more than the maximum gift amount on that day.

_____

SHEET 3189

(1) Clause 2, page 2 (table item 5, column 1), omit "2 to 4", substitute "2 and 3".

(2) Schedule 1, item 8, page 8 (lines 23 to 28), omit the paragraph beginning "Broadly, political entities".

(3) Schedule 1, item 8, page 8 (lines 29 to 31), omit the paragraph beginning "There are also caps".

(4) Schedule 1, item 8, page 8 (line 32), omit "The caps are indexed each year.".

(5) Schedule 1, item 9, page 10 (lines 12 and 13), omit the definition of core member in subsection 287(1).

(6) Schedule 1, item 11, page 10 (lines 20 and 21), omit the definition of expenditure group in subsection 287(1).

(7) Schedule 1, item 17, page 13 (lines 17 to 18), omit ", and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB)".

(8) Schedule 1, item 18, page 14 (lines 33 to 36), omit paragraph 287AAB(3)(g).

(9) Schedule 1, item 18, page 15 (lines 13 to 22), omit paragraph 287AAB(3)(m), substitute:

(m) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between an associated entity and any branch of the associated entity;

(10) Schedule 1, item 18, page 15 (lines 32 to 37), omit paragraph 287AAB(3)(o).

(11) Schedule 1, item 20, page 18 (lines 6 to 8), omit paragraph 287AB(4)(b).

(13) Schedule 5, item 8, page 131 (line 27), omit the definition of by-election period in section 308, substitute:

by-election period, for a by-election, means the period:

(a) beginning on the day the writs for the by-election are issued; and

(b) ending on the polling day for the by-election.

(14) Schedule 5, item 8, page 132 (lines 1 and 2), omit the definition of Senate-only election period in section 308, substitute:

Senate-only election period, for a Senate-only election, means the period:

(a) beginning on the day the writs for the election are issued; and

(b) ending on the polling day for the election.

(15) Schedule 5, item 8, page 132 (line 3), omit the definition of targeted in section 308.

(16) Schedule 5, item 8, page 133 (lines 21 and 22), omit ", together with the details required by section 310M".

(17) Schedule 5, item 8, page 135 (lines 29 and 30), omit ", together with the details required by section 310M".

(18) Schedule 5, item 8, page 137 (lines 22 and 23), omit ", together with the details required by section 310M".

(19) Schedule 5, item 8, page 139 (lines 19 and 20), omit ", together with the details required by section 310M".

(20) Schedule 5, item 8, page 142 (lines 24 and 25), omit ", together with the details required by section 310M".

(21) Schedule 5, item 8, page 144 (lines 20 and 21), omit ", together with the details required by section 310M".

(22) Schedule 5, item 8, page 145 (lines 28 and 29), omit ", together with the details required by section 310M".

(23) Schedule 5, item 8, page 147 (lines 28 and 29), omit ", together with the details required by section 310M".

(24) Schedule 5, item 8, page 149 (lines 17 and 18), omit ", together with the details required by section 310M".

(26) Schedule 6, item 4, page 162 (lines 12 to 14), omit paragraph 292FA(5)(e).

(27) Schedule 7, item 2, page 170 (line 40), omit "and counts towards the expenditure caps in Division 3AB".

(29) Schedule 9, item 10, page 202 (lines 15 and 16), omit subparagraph 314AS(1)(b)(ii).

(30) Schedule 9, item 10, page 203 (lines 26 and 27), omit subparagraph 314AT(1)(b)(ii).

_____

SHEET 3192

(1) Schedule 1, item 8, page 8 (lines 12 to 19), omit all the words from and including "Registered" to and including "election).".

(2) Schedule 6, item 4, page 161 (lines 11 to 18), omit subsection 292FA(3).

(4) Schedule 7, page 169 (line 1) to page 188 (line 29), omit the Schedule, substitute:

Schedule 7 — Abolishing public funding

Commonwealth Electoral Act 1918

1 Part XX (heading)

Omit "Election funding and financial", substitute "Financial".

2 Section 286A

Omit:

Registered political parties, candidates and groups may be entitled to election funding. The election funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election.

3 Subsection 287(1) (definition of gift )

Omit paragraph (a).

4 Paragraph 287AB(1)(a)

Omit "(except under Division 3 (election funding))".

5 Paragraph 287AB(3)

Omit "(except under Division 3 (election funding))".

6 Section 287V (paragraph beginning "The agents")

Omit "The agents are responsible for making claims for election funding under Division 3."

7 Division 3 of Part XX

Omit the Division.

8 Section 315

Omit the section, substitute:

315 Requirement to refund payments

If:

(a) a person is convicted of an offence under section 137.1 of the Criminal Code in relation to the giving of a return or the making of a claim under this Part; or

(b) a civil penalty order is made against a person in relation to a contravention of a civil penalty provision in this Part;

a court of competent jurisdiction may, in addition to imposing a penalty under section 137.1 or making the civil penalty order, order the person to refund to the Commonwealth the amount or value of any gift made in contravention of this Part.

9 Subsection 315A

Omit "section 299 or 302Q or subsection 301(3)", substitute "section 302Q".

10 Subsection 320(1) (table items 1 to 3)

Omit the table items.

11 Section 321 (definition of relevant amount )

Omit the definition, substitute:

relevant amount means an amount specified in the definition of group amount in subsection 287(1).

12 Paragraph 321(6)(b)

Omit the paragraph, substitute:

(b) a relevant amount.

13 Transitional rules

Schedule 11 to this Act (which deals with transitional rules) does not apply to an amendment or repeal made by this Schedule.

_____

SHEET 3218

(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.

41 Transitional rules

Schedule 11 to this Act (which deals with transitional rules) does not apply to an amendment or repeal made by this Schedule.

Question negatived.