Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I table a revised explanatory memorandum relating to the bill and I move:

That the bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

ELECTORAL LEGISLATION AMENDMENT (CONTINGENCY MEASURES) BILL 2021

SECOND READING SPEECH

Today I introduce the Electoral Legislation Amendment (Contingency Measures) Bill 2021.

Elections are a critical part of Australia's system of representative government. It is vital to the continuing success of Australia's democracy that Australians are able to participate in the electoral process, and exercise their franchise safely, whatever the situation.

The Bill future-proofs the Commonwealth Electoral Act 1918, by enabling the Australian Electoral Commission (AEC) to duly conduct elections in situations where a Commonwealth emergency declaration is in place.

The measures in this Bill respond to recommendations of the Joint Standing Committee on Electoral Matters Report of the inquiry on the future conduct of elections operating during times of emergency situations.

Modification powers

The Bill introduces powers for the Electoral Commissioner to make limited operational modifications to the Electoral Act by legislative instrument where a Commonwealth emergency law is in force, to a region, or sub-region covered by the emergency law.

The modification powers granted to the Electoral Commissioner are limited to the following in the specified emergency area:

The Bill also enables the Electoral Commissioner to allow persons to travel, or be present for campaigning activities within 100 metres of a polling place, and actions under the Electoral Act, such as the ballot draw or attend the scrutiny.

These modification powers can only be exercised when a Commonwealth emergency law is in force and the emergency interferes with the safe conduct of an election. Modifications will also be limited to the specified geographical area affected by the emergency. The specified area can be a subset of the area affected by the emergency law.

Before making a modification, the Electoral Commissioner will be required to notify the Prime Minister and the Leader of the Opposition in writing, including the reasons why any modifications are considered necessary.

The Electoral Commissioner will also be required to publish the legislative instrument detailing these modifications on the AEC website as well as the Federal Register of Legislation.

This modification power can only be in effect for as long as the Commonwealth emergency law is in force or until the return of the writs for the election, whichever occurs first.

Temporary suspension and adjournment of the polling

The Bill amends the existing power to adjourn or temporarily suspend the polling by up-lifting the decision-making authority from the presiding officer of each polling place to the Electoral Commissioner.

This amendment aligns the power to temporarily suspend or adjourn polling with the decision making authority of the Electoral Commissioner, reflecting the significance of the decision to adjourn or suspend polling as a measure of last resort.

Where polling has been adjourned, the commencement of the scrutiny of House of Representatives votes for that Division will be delayed until the close of polls for the adjourned polling place.

While the scrutiny of Senate ballots can proceed, the release of any information about the Senate election in a Division where polling has been adjourned will also be prohibited. This prohibition is lifted following the close of polls at the adjourned polling.

This is to protect the integrity of the election result by ensuring electors can cast their vote free from the influence of any indicative results which may have otherwise been released.

Postal Voting

This Bill also provides additional flexibility for the AEC when printing postal vote certificates, to assist in managing the heightened demand for postal votes along with supply chain disruptions that can occur in emergency situations.

This amendment safeguard electors' ability to cast a postal vote in an emergency situation if they are unable to attend a polling place.

Conclusion

These amendments will assist the AEC to conduct safe, efficient and timely elections, and ensure continued public confidence in Australian elections.

Katy Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

Labor will be supporting the Electoral Legislation Amendment (Contingency Measures) Bill 2021. The bill has come about from a recommendation by the Joint Standing Committee on Electoral Matters from its inquiry into the conduct of elections during times of emergency situations. The coronavirus pandemic was the obvious catalyst for that inquiry, but we know that climate change means we will increasingly be experiencing catastrophic bushfires and floods, and the Electoral Commission must be able to conduct elections safely in these times of emergency. This bill assists them to do that.

The Electoral Legislation Amendment (Contingency Measures) Bill will give the electoral commissioner additional flexibility for the conducting of an election. It will allow the electoral commissioner to extend the prepoll period, expand the reasons a person may exercise a prepoll or postal vote, adjust the numbers of scrutineers, and allow candidates and volunteers to travel for the purposes of canvassing for votes, handing out how-to-vote cards and putting up election posters. Providing the electoral commissioner with contingency powers will ensure that if there is an emergency situation the core activities required for an election can still be conducted. It will also ensure the safety of voters, candidates and their volunteers, and the 100,000 AEC staff that will be required at the next election.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

The Australian Greens support this bill. The Electoral Legislation Amendment (Contingency Measures) Bill 2021 will allow some flexibility for the conduct of elections impacted by emergencies such as bushfires or pandemics. Given the uncertainty regarding public health requirements and the increased likelihood of climate induced emergencies in the future, it is important to ensure that fair and democratic elections can still be held. We support the measures provided in this bill for that to happen.

These provisions to accommodate emergency situations would also support the introduction of fixed term elections. Fixed term elections remove the strategic advantage that incumbent governments get when the Prime Minister has discretion to call an election when they choose. Here we are, on the last sitting day of the year, and we are still not able to say with certainty that we will come back before an election. Without fixed terms, governments can call an election when public opinion is most favourable to them. They can ride out scandals—or at least try to. When the election date is known only to the government, they can strategically ramp up advertising on key issues ahead of the official public announcement of the election date. It's a strategic advantage that other parties, Independents and new candidates do not enjoy. Fixed-term elections help level the playing field for smaller parties, Independents and third parties with less capacity to plan, prepare and fund election campaigns.

With the changes set out in this bill, the benefits of fixed-term elections could be achieved while still providing flexibility in emergency situations. The Australian Greens support fixed-term elections and we'll continue to call for them. We support this bill.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I commend the bill to the Senate.

Question agreed to.

Bill read a second time.