Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021

No. 93, 2021

An Act to amend the law relating to elections in respect of suspected multiple voting and interference with political liberty and to provide for application of the amendments

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Designated electors

Part 1—Main amendments

Commonwealth Electoral Act 1918

Part 2—Contingent amendments

Commonwealth Electoral Act 1918

Schedule 2—Offence relating to interference with political liberty

Commonwealth Electoral Act 1918

Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021

No. 93, 2021

An Act to amend the law relating to elections in respect of suspected multiple voting and interference with political liberty and to provide for application of the amendments

[Assented to 2 September 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Act 2021.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Designated electors

Part 1—Main amendments

Commonwealth Electoral Act 1918

1  Subsection 4(1)

Insert:

designated elector: see subsection 202AH(1).

2  At the end of section 84

Add:

 (3) However, particulars contained in the Rolls in accordance with paragraph (2)(c) must not relate to whether a person is a designated elector.

3  After subsection 90B(6)

Insert:

Information about designated electors

 (6A) The Electoral Commission must not include in information given under subsection (1) or (4) information about whether a person is a designated elector.

4  Paragraph 185(4)(c)

Omit “Commission”, substitute “Commissioner”.

5  After subsection 185(4)

Insert:

 (4AA) The Electoral Commissioner must not, for the purposes of paragraph (4)(c), determine any particulars relating to whether an elector is a designated elector.

6  After subsection 189(2)

Insert:

 (2A) The Electoral Commissioner must not, for the purposes of subparagraph (2)(b)(iii), determine any particulars relating to whether an applicant is a designated elector.

7  Subsection 200A(2) (before the note)

Insert:

Note 1: A person who is a designated elector is not entitled to vote by pre‑poll ordinary vote: see paragraph 200DG(2)(ea).

8  Subsection 200A(2) (note)

Omit “Note”, substitute “Note 2”.

9  After paragraph 200DG(2)(e)

Insert:

 (ea) the voter is a designated elector; or

10  After Part XVB

Insert:

Part XVC—Designated electors

202AG  Simplified outline of this Part

202AH  Electoral Commissioner may declare designated electors

 (1) The Electoral Commissioner may, in writing, declare that an elector is a designated elector if the Electoral Commissioner reasonably suspects that the elector has voted more than once in an election (whether or not the elector has been convicted of an offence against subsection 339(1A) or (1C)).

 (2) The Electoral Commissioner must give the elector written notice of the declaration. The notice must set out the elector’s right to have the decision to make the declaration reviewed.

 (3) A declaration under subsection (1) ceases to have effect if:

 (a) the declaration relates to an elector who has been convicted of an offence against subsection 339(1A) or (1C); and

 (b) the elector’s conviction is quashed on appeal.

 (4) A declaration made under subsection (1) is not a legislative instrument.

202AJ  Review by Electoral Commissioner

 (1) An elector may apply to the Electoral Commissioner for review of a decision under subsection 202AH(1) (the original decision) to declare that the elector is a designated elector.

 (2) An application under subsection (1) must:

 (a) be in writing; and

 (b) include the elector’s name and address and a statement of the elector’s reasons for making the application; and

 (c) be made within 28 days of the day on which the elector is notified under subsection 202AH(2) of the original decision.

 (3) After receiving an application under subsection (1), the Electoral Commissioner must:

 (a) personally review the original decision; or

 (b) cause the original decision to be reviewed by a person to whom the Commissioner’s powers and functions under this section are delegated and who was not involved in making the original decision.

 (4) The person who reviews the original decision under subsection (3) (the reviewer) must make a decision to either:

 (a) confirm the original decision; or

 (b) set aside the original decision and substitute a new decision.

 (5) The reviewer must give the elector written notice of the reviewer’s decision under subsection (4), including the reasons for the decision. The notice must set out the elector’s right to have the decision reviewed.

 (6) This section does not apply if the original decision was made by the Electoral Commissioner personally.

202AK  Review by Administrative Appeals Tribunal

  Applications may be made to the Administrative Appeals Tribunal for review of:

 (a) a decision under subsection 202AH(1) made by the Electoral Commissioner personally; or

 (b) a decision under paragraph 202AJ(4)(a) by the reviewer (within the meaning of subsection 202AJ(4)).

202AL  Voting by designated electors at elections

 (1) A designated elector is not permitted to vote in an election except in accordance with this section.

 (2) A designated elector may only vote by declaration vote.

Note: The effect of subsection (2) is that designated electors are able to cast declaration votes in accordance with the rules relating to postal voting (see Part XV), pre‑poll declaration voting (see Part XVA) and absent and provisional voting (see Part XVI).

11  After subsection 208(2A)

Insert:

 (2B) The list must not include the address of a person who is on the Roll for the Division if the person is a designated elector.

12  At the end of subsection 222(1)

Add:

Note: See section 202AL for rules about voting by designated electors.

13  After subsection 339(1A) (before the penalty)

Insert:

Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1)).

14  After subsection 339(1C) (before the penalty)

Insert:

Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1)).

15  Application of amendment

  Section 202AH of the Commonwealth Electoral Act 1918, as inserted by this Schedule, applies in relation to a reasonable suspicion that a person has voted more than once in an election, whether or not the election occurred before or after the commencement of this item.

Part 2—Contingent amendments

Commonwealth Electoral Act 1918

Repeal the paragraph, substitute:

 (a) may withdraw the ballot papers in accordance with paragraph 17:

 (i) for ballot papers of electors other than designated electors—at any time on or after the day that is 5 days before polling day; or

 (ii) for ballot papers of designated electors—after the close of the poll; and

Schedule 2—Offence relating to interference with political liberty

Commonwealth Electoral Act 1918

Repeal the penalty, substitute:

Penalty: Imprisonment for 3 years or 100 penalty units, or both.

[Minister’s second reading speech made in—

House of Representatives on 12 August 2021

Senate on 26 August 2021]