Schedule 5 Miscellaneous amendments to Parliamentary Electorates and Elections Act 1912 No 41
Omit the definition of Antarctic elector from section 3 (1). Insert instead:Antarctic elector means an elector who is on the polling day for an election:
(a) in the Australian Antarctic Territory, including Macquarie Island and the Territory of Heard Island and McDonald Islands, or(b) on a ship in transit to or from a place mentioned in paragraph (a) that has been declared by the Electoral Commissioner to be an Antarctic ship.
Insert in alphabetical order:Authorised copy of a roll, in relation to an election, means an authorised copy of a roll referred to in section 89 (3).
Voting directions means directions or suggestions (whether express or implied) in relation to the casting of votes.
[3] Section 21AE Election officials
Omit section 21AE (3). Insert instead:(3) A person is not qualified for appointment as an election official unless:(a) if the person resides in the State—the person is enrolled for a district, or(b) in any other case—the person is enrolled in any other State or Territory of the Commonwealth as an elector for the House of Representatives.(4) A person is not ineligible for appointment as an election official for a district merely because the person is not enrolled as an elector on the roll for the district.
Insert at the end of section 21AM (1) (c):, or
(d) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory.
Insert at the end of section 21AM (2) (b):, or
(c) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory.
[6] Section 66JA Distribution of information to electors about registered parties
Omit “and at any public library or other place determined by the Electoral Commissioner” from section 66JA (4).
[7] Section 74 Duties of Electoral Commissioner on receipt of writ
Omit “forthwith give public notice of” from section 74 (1).Insert instead “as soon as is reasonably practicable publicly advertise (in such manner as the Electoral Commissioner thinks fit)”.
Omit “within the district concerned”.
Insert after section 74 (1) (c):(c1) a facsimile number and an email address (to be appointed by the Commissioner) at which the Commissioner will receive nomination papers for the election to which the writ relates, and the time by which they must be received, and
Omit the subsection.
[11] Section 74D Duties of Electoral Commissioner on receipt of writ
Omit “forthwith give public notice of” from section 74D (1).Insert instead “as soon as is reasonably practicable publicly advertise (in such manner as the Electoral Commissioner thinks fit)”.
Insert after section 74 (1) (b):(b1) a facsimile number and an email address (to be appointed by the Electoral Commissioner) at which the Electoral Commissioner will receive nomination papers for the election to which the writ relates, and the time by which they must be received, and
Omit the subsection.
[14] Section 79 Nomination of Assembly candidates
Insert “as at 6 pm on the date of issue of the writ for an election for a district” after “any district” in section 79 (1).
Insert “as at 6 pm on the date of issue of the writ for the election” after “the district”.
[16] Section 79 (3AA) and (3AB)
Insert after section 79 (3):(3AA) A nomination paper may be delivered under this section by transmitting it by facsimile or email.(3AB) A nomination paper is not validly transmitted by email unless:(a) an image of the completed nomination paper signed by the candidate and the registered officer or nominators concerned is included in or attached to the email, and(b) that image includes an image of the actual signatures as appearing on the nomination paper.
Insert after “enrolled.” and before “(Signed)” wherever occurring:I specify that my given name should be printed on the ballot papers for the election in the following form:
Note. An alternative form of a candidate’s given name may only be:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
Insert after section 79 (4A):(4B) A given name of a candidate specified in a nomination paper under subsection (3A) or (4) as the form in which that name should be printed on the ballot papers for the election may differ from the candidate’s given name as it appears on the roll only to the extent that the given name is specified by:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
Omit “at the time of the delivery of the nomination paper”.Insert instead “, by 12 noon on the day of nomination,”.
[20] Section 79A Withdrawal of nomination for Assembly election
Insert at the end of the section:(2) A notice may be delivered to the Electoral Commissioner under this section by transmitting it by facsimile or email to the facsimile number or email address referred to in section 74 (1) (c1).(3) A notice is not validly transmitted by email unless:(a) an image of the completed notice signed by the candidate is included in or attached to the email, and(b) that image includes an image of the actual signature as appearing on the notice.
[21] Section 80 Proceedings on nomination day if one candidate only
Omit “publish the declaration in a newspaper published or circulating” from section 80 (3).Insert instead “as soon as is reasonably practicable publicly advertise the declaration”.
[22] Section 81 When poll to be taken
Omit “publish in a newspaper published or circulating” from section 81 (4).Insert instead “as soon as is reasonably practicable publicly advertise”.
[23] Section 81B Nomination of Council candidates
Insert “as at 6 pm on the date of issue of the writ for a periodic Council election” after “a district” in section 81B (1).
Insert “as at 6 pm on the date of issue of the writ for the election” after “a roll”.
[25] Section 81B (3AA) and (3AB)
Insert after section 81B (3):(3AA) A nomination paper may be delivered under this section by transmitting it by facsimile or email.(3AB) A nomination paper is not validly transmitted by email unless:(a) an image of the completed nomination paper signed by the candidate and the registered officer or nominators concerned is included in or attached to the email, and(b) that image includes an image of the actual signatures as appearing on the nomination paper.
Omit the following wherever occurring:* Underline surname.
*Name in full of person nominated
Date of birth
Place of residence as enrolled
**Signature of person nominated
** The signature of the person nominated must appear opposite the person’s name to signify the person’s consent to nomination and to certify that the place of residence stated opposite the person’s name is the person’s place of residence as enrolled.Insert instead:
* Underline surname.
*Name in full of person nominated
Date of birth
Place of residence as enrolled
**Signature of person nominated
***Form of given name of person nominated to appear on ballot papers
** The signature of the person nominated must appear opposite the person’s name to signify the person’s consent to nomination and to certify that the place of residence stated opposite the person’s name is the person’s place of residence as enrolled.
***An alternative form of a candidate’s given name may only be:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
Insert after section 81B (4A):(4B) A given name of a candidate specified in a nomination paper under subsection (3A) or (4) as the form in which that name is to be printed on the ballot papers for the election may differ from the candidate’s given name as it appears on the roll only to the extent that the given name is specified by:(a) an initial standing for that name, or(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or(c) a commonly used other name specific to the candidate by which the candidate is usually identified (if the Electoral Commissioner is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).
[28] Section 81C Grouping of candidates
Omit “to be published, at least one week before the day for the taking of the poll in the election, in one or more newspapers circulating throughout New South Wales” from section 81C (7) (d).Insert instead “to be publicly advertised at least one week before the day for the taking of the poll in the election”.
[29] Section 81F Deposit for periodic Council election
Omit “at the time of the delivery of the nomination paper” from section 81F (1).Insert instead “, by 12 noon on the day of nomination,”.
[30] Section 81G Withdrawal of nomination for a periodic Council election
Insert after section 81G (2):(3) A notice may be delivered to the Electoral Commissioner under this section by transmitting it by facsimile or email to the facsimile number or email address referred to in section 74D (1) (b1).(4) A notice is not validly transmitted by email unless:(a) an image of the completed notice signed by the candidate is included in or attached to the email, and(b) that image includes an image of the actual signature as appearing on the notice.
[31] Section 81H Proceedings after close of nominations
Omit “publish the declaration in some newspaper circulating in the State” wherever occurring in section 81H (1) and (2).Insert instead “publicly advertise the declaration”.
Omit “publish in some newspaper circulating in the State”.Insert instead “publicly advertise”.
Omit the section. Insert instead:82A Returning officer to determine order in which candidates’ names are to appear on ballot paper
If after noon on the day of nomination there are 2 or more candidates for election for a district, the returning officer is to determine the order in which the candidates’ names are to appear on the ballot papers by randomly selecting the names of candidates in a manner specified by the Electoral Commissioner (including by electronic means).
[34] Section 83 Printing of ballot papers
Insert after section 83 (b):(b1) the given name of each candidate is to be in the form specified in the candidate’s nomination paper (as provided by section 79 (4B)),
[35] Section 83B Printing of ballot papers
Omit section 83B (5) (c)–(e). Insert instead:(c) the given name of each candidate:(i) is to be in the form specified in the candidate’s nomination paper (as provided by section 81B (4B)), and(ii) is to be in less conspicuous type than the type in which the candidate’s surname is printed, and(iii) may be printed on a line after the line on which the candidate’s surname is printed,
Insert after section 87A:87B Mobile booths for pre-poll voting in remote districts
(1) Electoral Commissioner’s functions
The Electoral Commissioner:(a) may declare a district to be a remote district for the purposes of this section, and(b) may determine the places in that district that a team will visit for the purposes of this section, and(c) may determine the days and times when a team will visit those places (such a day must be after the day of nomination and before polling day or a day to which the polling is adjourned), and(d) must take such steps as the Electoral Commissioner thinks fit to give public notice of:(i) the places determined under paragraph (b), and(ii) the days and times determined under paragraph (c) when a team will visit those places for the purposes of this section.(2) Teams
A team consists of 2 or more election officials, one of whom must be a pre-poll voting officer who is designated by the Electoral Commissioner as team leader. The team leader is to exercise the functions of the pre-poll voting officer under the following provisions of this section.(3) Visits and variation of places, days or times
A team must make a visit or visits as notified under subsection (1) (d), but, if the team is unable for reasonable cause, or the pre-poll voting officer considers it inappropriate, to make such a visit, the officer may substitute another place, day or time for the visit and, in that event, must:(a) take such steps as he or she thinks fit to give public notice of the substituted place, day or time, and(b) inform the Electoral Commissioner.(4) Failure to visit does not invalidate election result
Any failure by a team to make a visit in accordance with this section does not invalidate the result of the election.(5) Voting
At any time when a team is at a place for the purposes of taking votes under this section in an election:(a) the pre-poll voting officer must have a pre-poll ballot box, ballot papers and such other things as are necessary for the votes of electors to be taken at the place, and(b) every person at the place who is entitled to vote in the election for the remote district concerned is entitled to have his or her vote taken under this section, and(c) for the purposes of, and in connection with, the taking of votes under this section:(i) the place is taken to be a pre-poll voting place, and(ii) the pre-poll voting officer is taken to be the pre-poll voting officer at that pre-poll voting place, and(d) an elector’s vote is, so far as is reasonably practicable, to be taken and dealt with in all respects as if the vote were recorded at a pre-poll voting place under usual conditions, but section 114P is to be disregarded in relation to:(i) the qualifications to vote before election day, and(ii) pre-poll voting times.(6) Ballot box to be secured and forwarded to returning officer
At the end of the last visit made by a team for the purposes of this section, the pre-poll voting officer must, in the presence of any other election official assisting the officer and any scrutineers who are present:(a) publicly close, fasten, seal and take charge of the ballot box used by the officer for the purposes of this section, and(b) with the least possible delay, forward it for the purposes of scrutiny to the returning officer for the district concerned.(7) Relationship of this section to other provisions
In relation to a district declared by the Electoral Commissioner to be a remote district, and without affecting subsection (5) (d), the provisions of this section apply in addition to, and without derogation from, the application of any other provision of this Act. However, any such other provision applies with any necessary modifications.
[37] Section 89 Polling place managers to be furnished with copies of rolls and ballot papers
Omit section 89 (1) (a). Insert instead:(a) provide for use at each polling place sufficient authorised copies of the roll for the district in which the poll is to be taken, and
Omit the paragraph. Insert instead:(a) at least one printed authorised copy of the roll for his or her district, and
Omit the paragraph.
Omit the subsection. Insert instead:(3) An authorised copy of the roll referred to in subsections (1) and (1A) is a printed or electronic copy of the roll of the electors for the district as at the date of the issue of the writ for the election for which the polling place has been declared to be a polling place, but does not include the names of any elector who will not have attained the age of 18 years on polling day.
Insert after section 102:Immediately on delivering a ballot paper to a voter, an election official must, in a manner specified by the Electoral Commissioner, record that delivery on the printed or electronic authorised copy of the roll.
Insert after section 104:104A Ballot papers may be photocopied, written or otherwise reproduced
(1) If a polling place does not have or runs out of ballot papers printed in accordance with section 83 or 83B, the returning officer, polling place manager or other election official in charge at the time may have the ballot paper reproduced (including by photocopying or by copies being obtained by use of facsimile or email).(2) A ballot paper so reproduced is still required to be in or to the effect of the form prescribed in Schedule 4 or 4A, as the case requires, and is to be in the same general format as the ballot paper printed in accordance with section 83 or 83B.(3) A ballot paper so reproduced and complying with subsection (2) is as valid as a ballot paper printed in accordance with section 83 or 83B.
[43] Section 112 False answer to questions etc or multiple voting
Omit “twice” from section 112 (1) (d). Insert instead “more than once”.
[44] Section 120C Penalty notices for certain offences
Omit “by leaving it at, or sending it by post to, the residence of the elector set out on the roll used at the election” from section 120C (1).
Insert after section 120C (1):(1A) A penalty notice may be served personally or by post.
Omit “$25”. Insert instead “$55”.
[47] Section 120F Offences relating to failure to vote
Omit “0.5 penalty unit” wherever occurring in section 120F (1) and (2).Insert instead “1 penalty unit”.
[48] Section 120J Additional provisions applicable where polling day for Assembly and periodic Council elections is same day
Omit “the copy of the printed roll and the certified copies of rolls in force” from section 120J (j).Insert instead “the authorised copies of the rolls”.
[49] Section 123 Sealing and transmission by polling place managers of separate parcels of ballot papers etc
Insert “and” after “election,” in section 123 (a).
Omit “the certified copies of rolls”.Insert instead “any printed authorised copies of the rolls”.
Insert at the end of section 123 (c):and
(d) if, in accordance with section 102A, a recording has been made on an electronic authorised copy of the roll, or on another file, on a computer at the polling place to show the delivery of a ballot paper to a voter—in a fourth separate parcel, a copy of the electronic authorised copy of the roll, or other file, so marked by that recording (such as on a memory stick or a disc as directed by the Electoral Commissioner),
[52] Section 125 Returning officers’ parcels
Insert “and, if relevant, copies of the electronic authorised copy of the roll, or other files, showing the delivery of ballot papers to voters at such polling booths” after “such polling booths”.
[53] Section 125A Parcels of postal, pre-poll or absent ballot papers etc
Omit section 125A (3). Insert instead:(3) Section 127 applies to parcels referred to in subsection (1) as if they were parcels of marked and unmarked ballot papers referred to in that section.
[54] Section 126 Declaration of poll
Omit section 126 (2B). Insert instead:(2B) As soon as practicable after being notified of the result of the election, the Electoral Commissioner must announce the result of the election by notice:(a) published in a newspaper circulating in the State, or(b) displayed on the Commission’s Internet website.
Omit sections 127–129. Insert instead:127 Security of election materials
(1) The returning officer, after a declaration that a candidate has been duly elected, is to:(a) parcel the marked and unmarked ballot papers, authorised copies of the roll and other papers and materials used in the election in the manner specified by the Electoral Commissioner, and(b) forward the parcels to the Electoral Commissioner.(2) The Electoral Commissioner must have the parcels kept securely until the latest of the following:(a) the period of 6 months after the day of polling has expired,(b) the period during which the validity of the election may be disputed under this Act has expired,(c) if a petition has or petitions have been filed under section 155—the Court of Disputed Returns has determined the matters referred to in the petition or petitions,(d) if the Electoral Commissioner has consented to the use of the papers and materials in the parcels for research or analysis—the conclusion of that research or analysis.(3) On the expiry of the Electoral Commissioner’s obligation under subsection (2), he or she may cause the parcels and their contents to be destroyed.
[56] Section 129C Sealing and transmission of separate parcels of ballot papers etc
Insert “and” after “polling,” in section 129C (1) (a).
Omit “the certified copies”. Insert instead “any printed authorised copies”.
Insert at the end of section 129C (1) (c):and
(c1) if, in accordance with section 102A, a recording has been made on an electronic authorised copy of the roll, or on another file, on a computer at the polling place to show the delivery of a ballot paper to a voter—in a fourth separate parcel, a copy of the electronic authorised copy of the roll, or other file, so marked by that recording (such as on a memory stick or a disc as directed by the Electoral Commissioner),
Omit “(1) (c) does”. Insert instead “(1) (c) and (c1) do”.
[60] Section 129G Declaration of poll
Omit section 129G (3). Insert instead:(3) As soon as practicable after the count has been completed, the Electoral Commissioner must announce the result of the election by notice:(a) published in a newspaper circulating in the State, or(b) displayed on the Commission’s Internet website.
Omit sections 129H–129J. Insert instead:129H Security of election materials
(1) The Electoral Commissioner, after a declaration that candidates have been duly elected, must have the marked and unmarked ballot papers, authorised copies of the roll and other papers and materials used in the election kept securely until the latest of the following:(a) the period of 6 months after the day of polling has expired,(b) the period during which the validity of the election may be disputed under this Act has expired,(c) if a petition has or petitions have been filed under section 155—the Court of Disputed Returns has determined the matters referred to in the petition or petitions,(d) if the Electoral Commissioner has consented to the use of the papers and materials in the parcels for research or analysis—the conclusion of that research or analysis.(2) On the expiry of the Electoral Commissioner’s obligation under subsection (1), he or she may cause those papers and materials to be destroyed.
Insert after section 137:(1) After an election, the Commission must ensure that the following information is publicly available:(a) the number of first preference votes given for each candidate,(b) in relation to a periodic Council election—the number of first preference votes given for each group,(c) the details of distribution of preference votes.(2) After an election, the Commission must ensure that:(a) each registered party that so requests, and(b) each member of Parliament who is not a member of a registered party and who makes a request in respect of the member’s district,is provided with electoral information containing the names and the addresses of electors who voted (other than silent electors and itinerant electors), whether they voted personally or by post and, if they voted at a polling place for the district for which the electors were enrolled, the location of that polling place.(2A) In subsection (2), a reference to a polling place includes a reference to a pre-poll voting place.(3) Electoral information provided under subsection (2) must only be used in connection with an election.(4) A person must not use, or cause or permit the use of, electoral information provided under this section for any purpose other than in connection with an election.Maximum penalty: 1,000 penalty units.
[63] Section 151B Exhibition of posters
Omit section 151B (1). Insert instead:(1) Posters at polling place
A person must not, at any time on the day of polling for an election, display or cause to be displayed any poster of any size:(a) within a polling place, or(b) within 6 metres of an entrance to a polling place, or(c) on the exterior of a building used as a polling place.Maximum penalty: 3 penalty units.
(2) Posters in grounds of enclosure of polling place
Without limiting subsection (1), a person must not, at any time on the day of polling for an election, display or cause to be displayed any poster exceeding 8,000 square centimetres in area within the grounds of an enclosure in which a building used for polling is situated.Maximum penalty: 3 penalty units.
(2AA) Posters on boundary of enclosure of polling place
A person must not, at any time on the day of polling for an election, display or cause to be displayed any poster exceeding 8,000 square centimetres in area on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for polling is situated.Maximum penalty: 3 penalty units.
Insert after section 151B (3):(4) Subsection (2A) (a) does not apply in relation to a poster:(a) on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for polling is situated, or(b) within the grounds of an enclosure in which a building used for polling is situated, or(c) on a vehicle on a road or road related area (within the meaning of the Road Transport (General) Act 2005), or(d) fixed or attached to a table or stall on a footpath or other public place at any time on the day of polling for an election.
[65] Section 151B (6), definition of “the prescribed size”
Omit the definition.
Insert after section 151B (7):(8) Extension of poster offence provisions to pre-poll voting places
For the purposes of subsection (1):(a) a reference to a polling place is taken to include a reference to a pre-poll voting place, and(b) in relation to such a pre-poll voting place, a reference to “at any time on the day of polling for an election” is taken to be a reference to “during the hours appointed for that place under section 114P”.
Insert after section 151E:151EA Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
A person must not display any matter, being an advertisement or notice, containing any electoral matter (within the meaning of section 151B), on an electronic billboard, digital road sign or other similar device, unless the matter contains, in visible, legible characters, the name and address of the person on whose instructions the matter was displayed.Maximum penalty: 5 penalty units or imprisonment for 6 months.
[68] Section 151G Registration of electoral material
Omit “ticket” wherever occurring in section 151G (8) (a), (c), (d) and (e).Insert instead “voting directions”.
[69] Section 151GA Registration of electoral matter involving joint voting directions
Omit “ticket” wherever occurring in section 151GA (1) and (2).Insert instead “voting directions”.
[70] Section 151H Prohibition of canvassing near polling places
Omit section 151H (1) (e).
Omit the Division. Insert instead:Division 18 Polling in Antarctica
154AA Electoral Commissioner to approve procedures for voting in Antarctica
The Electoral Commissioner is to approve procedures to enable:(a) any Antarctic elector, where practicable, to vote at an election, and(b) any vote cast in accordance with procedures approved under this section to be transmitted to the Electoral Commissioner.154AB Entitlement to vote in Antarctica
Any elector enabled to vote under procedures approved under section 154AA is entitled to vote in accordance with those procedures.154AC Votes from Antarctica to be counted with postal votes
Any vote cast by an elector and transmitted to the Electoral Commissioner in accordance with procedures approved under section 154AA is to be counted with the postal votes for that election.154AD Requirements for voting procedures in Antarctica
Procedures approved under section 154AA are, as far as practicable, to provide for authentication of the vote of an elector and the preservation of the secrecy of that vote.154AE Votes from Antarctica not to be disclosed
Any person who becomes aware of how an elector, voting in accordance with procedures approved under section 154AA, voted is not to disclose this information to any other person except in accordance with an approved procedure.Maximum penalty: 0.5 penalty unit.
[72] Section 163 Inquiries by Court
Omit section 163 (2).
[73] Section 180 Summary penalties for neglect
Omit the section.
[74] Schedule 22 Savings, transitional and other provisions
Insert at the end of clause 1 (1):Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009
Insert after Part 2:Part 3 Provisions consequent on enactment of Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009
9 Persons enrolled for a subdivision taken to be enrolled for a district
A person who was enrolled for a subdivision of a district immediately before the commencement of Schedule 1 [7] to the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 is taken, on the commencement of that item, to be enrolled for that district.10 Commonwealth roll for purposes of election
(1) The Electoral Commissioner may request that the Australian Electoral Officer for New South Wales certify, sign and transmit to the Electoral Commissioner a printed copy of the roll for each Commonwealth subdivision in a district as in force on a specified date.(2) A copy of the roll so transmitted to the Electoral Commissioner may be used by the Electoral Commissioner to compile a roll for the electoral district which includes the Commonwealth subdivision.(3) The regulations may make provision for or with respect to the supply and certification of a composite roll for a district made up of all rolls for Commonwealth subdivisions within that district.(4) A copy of a roll referred to in this clause must not contain any particulars relating to a person’s occupation.