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This is a Bill, not an Act. For current law, see the Acts databases.
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
COVID-19 Emergency Response Legislation Amendment Bill 2020 (No 2)
A Bill for
An Act to amend legislation to provide for emergency measures in response to the COVID-19 emergency, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the COVID-19 Emergency Response Legislation Amendment Act 2020 (No 2)
.
(1) This Act (other than schedule 1) commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Schedule 1 commences 6 months after the day the general election, due to be held in October 2020, happens.
This Act amends the
and the
.
Note This Act also has delayed amendments to the Electoral Act 1992
(see sch 1).
4 Ballot papers
Section 114
(5)
after
display
insert
or communication
substitute
118B Security of approved electronic voting devices and computer programs
omit
electronic devices and computer programs
substitute
approved electronic devices and approved computer programs
omit
at a polling place or scrutiny centre
substitute
by an approved electronic device or approved computer program
8 Administrative
arrangements
Section 120 (2)
substitute
(2) The commissioner may make arrangements for—
(a) electronic voting at a polling place; or
(b) electronic voting by telephone; or
(c) overseas electronic voting.
omit
at a polling place
10 Procedures for
voting
Section 131 (3)
omit
or electronic voting
substitute
or electronic ballot paper
11 Manner of recording
vote
New section 132 (3)
insert
(3) For a vote cast by an elector electronically, mark means record the elector’s vote on an electronic ballot paper by electronic means.
insert
136AA October 2020 election—COVID-19 public health measures
(1) This section applies to the general election due to be held in October 2020.
(2) Any elector who is entitled to vote at the election is an eligible elector for section 136B.
(3) The commissioner may declare a stated place to be a place where a person may attend to vote under section 136B.
(4) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
insert
136BA Telephone voting by certain electors
(1) In this section:
eligible elector, for an election, means an elector who—
(a) is entitled to vote at the election; and
(b) has a visual impairment or other physical disability which makes it difficult for the voter to attend a polling place to vote or vote by postal vote.
relevant period means the period—
(a) beginning on the 3rd Monday in the ACT before polling day or, if that Monday is a public holiday, the next business day; and
(b) ending at 4 pm in the ACT on polling day.
(2) An eligible elector for an election may apply to the commissioner to vote electronically by telephone for the election.
(3) The application must be received by the commissioner in the relevant period.
(4) If the commissioner receives an application in the relevant period from a person claiming to be an eligible elector for an election (the applicant) and is satisfied that the applicant’s name is on the certified list of electors for an electorate, the commissioner must give the applicant an electronic ballot paper for the electorate to enable the applicant to vote electronically by telephone.
(5) The electronic vote must be received by the commissioner not later than 6 pm in the ACT on polling day.
14 Declaration voting outside ACT on or
before polling day
Section 136C (1), definition of relevant
period, paragraph (a)
after
3rd Monday
insert
in the ACT
insert
136D Electronic declaration voting by electors outside Australia
(1) In this section:
eligible elector, for an election, means an elector who is—
(a) entitled to vote at the election; and
(b) outside Australia during the relevant period.
relevant period means the period—
(a) beginning on the 3rd Monday in the ACT before polling day or, if that Monday is a public holiday, the next business day; and
(b) ending at 4 pm in the ACT on polling day.
station—see section 167.
(2) To remove any doubt, for this section, an Antarctic elector located at a station is taken to be outside Australia.
(3) An eligible elector for an election may apply to the commissioner to vote electronically for the election.
Note If a form is approved under s 340A (Approved forms) for an application, the form must be used.
(4) The application must include a declaration that the applicant is an eligible elector for the election.
(5) The application must be received by the commissioner in the relevant period.
(6) If the commissioner receives an application in the relevant period from a person claiming to be an eligible elector for an election (the applicant), the commissioner must—
(a) if satisfied that the applicant’s name is on the certified list of electors for an electorate—give the applicant an electronic ballot paper for the electorate to enable the applicant to vote electronically; or
(b) if not so satisfied—give the applicant an electronic ballot paper for the electorate in which the applicant claims to be enrolled to enable the applicant to vote electronically.
(7) The electronic ballot paper must be received by the commissioner not later than 6 pm in the ACT on polling day.
16 Record of issue of declaration voting
papers
Section 137 (1)
substitute
(1) If the commissioner or an authorised officer gives a ballot paper to a person under a relevant provision, they must—
(a) make a record of the time and date the ballot paper is given; and
(b) for an authorised officer—give the record to the commissioner.
insert
(3) In this section:
relevant provisions means the following:
(a) section 136A;
(b) section 136B (17);
(c) section 136C;
(d) section 136D.
18 Assistance to
voters
Section 156 (2) (a)
after
postal voter
insert
or an eligible elector under section 136BA (1) or section 136D (1)
before
by folding
insert
for a paper ballot paper—
20 Scrutiny
Section 178 (3)
(a)
after
postal votes
insert
or electronic votes under section 136BA or section 136D
21 Preliminary scrutiny of declaration
voting papers etc
Section 179 (1) (a)
after
postal voting
insert
or overseas electronic voting
after
preliminary scrutiny
insert
, other than for overseas electronic voting,
after
cast
insert
under part 11
24 Formality of ballot
papers
New section 180 (2A)
insert
(2A) Subsection (2) (d) does not apply in relation to an overseas electronic vote.
25 First count—electronic ballot
papers
Section 183A
omit
preferences from electronic voting
substitute
preferences marked on an electronic ballot paper
26 Recount of electronic scrutiny of
ballot papers
Section 187C (2)
omit
at a polling place or scrutiny centre
substitute
by an approved electronic device or approved computer program
27 Validity may be disputed after
election
Section 256 (2) (d)
before
an officer
insert
the commissioner or
28 Responses to official
questions
Section 319 (3)
substitute
(3) In this section:
official question means a question—
(a) asked by an officer in the exercise of the officer’s functions under this Act; or
(b) in a form approved under section 340A or otherwise authorised by the commissioner.
29 Dictionary, new definition of approved electronic device
insert
approved electronic device means an electronic device approved under section 120 (3).
30 Dictionary, definition of declaration vote, new paragraph (ca)
insert
(ca) section 136D (Electronic declaration voting by electors outside Australia);
31 Dictionary, definition of declaration voting papers, paragraph (c)
after
postal voting
insert
or overseas electronic voting
32 Dictionary, definition of declaration voting papers, paragraph (d)
before
an envelope
insert
for declaration voting papers other than for overseas electronic voting—
33 Dictionary, new definition of electronic vote
insert
electronic vote means a vote cast using an electronic ballot paper.
Note An electronic vote may be made—
• at a polling place under s 131 (3)
• by telephone under s 136BA
• by overseas electors under s 136D.
34 Dictionary, definition of electronic voting
omit
35 Dictionary, new definition of overseas electronic vote
insert
overseas electronic vote means an electronic vote to which
section 136D (Electronic declaration voting by electors outside Australia)
applies.
36 Trial by judge alone in criminal
proceedings—COVID-19 emergency period
Section 68BA
omit
insert
Part 12 Transitional—COVID-19 Emergency Response Legislation Amendment Act 2020 (No 2)
115 Definitions—pt 12
In this part:
commencement day means the day the COVID-19 Emergency Response Legislation Amendment Act 2020 (No 2), section 3 commences.
repealed law means section 68BA, as in force immediately before the commencement day.
116 Trial by judge alone under repealed law—order proposed
(1) This section applies if—
(a) before the commencement day, the court has given notice under the repealed law, subsection (4) about a proposed order under the law; and
(b) immediately before the commencement day, the court has not made a decision about making an order under the repealed law, subsection (3).
(2) The court may make an order under the repealed law despite the repeal of the law.
117 Trial by judge alone under repealed law—order made
An order made under the repealed law continues to have effect despite the repeal of the law.
118 Expiry—pt 12
This part expires 2 years after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Schedule 1 Electoral Act
1992—Delayed amendments
(see s 3)
omit
or communication
substitute
118B Security of electronic voting devices and computer programs
omit
approved
omit
by an approved electronic device or approved computer program
substitute
at a polling place or scrutiny centre
substitute
(2) The commissioner may make arrangements at a polling place for electors to vote using an electronic ballot paper (electronic voting).
after
electronic voting
insert
at a polling place
omit
or electronic ballot paper
substitute
or electronic voting
omit
omit
omit
[1.11] Section 136C (1), definition of relevant period, paragraph (a)
omit
in the ACT
omit
substitute
(1) An officer who issues a ballot paper under section 136A, section 136B (17) or section 136C must—
(a) make a record of the time and date the paper is issued; and
(b) if the officer is not the commissioner—give the record to the commissioner.
omit
omit
or an eligible elector under section 136BA (1) or section 136D (1)
omit
for a paper ballot paper—
omit
or electronic votes under section 136BA or section 136D
omit
or overseas electronic voting
omit
, other than for overseas electronic voting,
omit
under part 11
omit
omit
preferences marked on an electronic ballot paper
substitute
preferences from electronic voting
omit
by an approved electronic device or approved computer program
substitute
at a polling place or scrutiny centre
omit
the commissioner or
substitute
(3) In this section:
official question means a question asked by an officer in the exercise of the officer’s functions under this Act.
[1.26] Dictionary, definition of approved electronic device
omit
[1.27] Dictionary, definition of declaration vote, paragraph (ca)
omit
[1.28] Dictionary, definition of declaration voting papers, paragraph (c)
omit
or overseas electronic voting
[1.29] Dictionary, definition of declaration voting papers, paragraph (d)
omit
for declaration voting papers other than for overseas electronic voting—
[1.30] Dictionary, definition of electronic vote
omit
[1.31] Dictionary, new definition of electronic voting
insert
electronic voting—see section 120 (2).
[1.32] Dictionary, definition of overseas electronic vote
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 18 June 2020.
2 Notification
Notified under the
on 2020.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2020
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