Commonwealth of Australia Explanatory Memoranda

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CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997

    ~BTHUR ROBIN~'~.&
                    T~TD:RwiCK.S
                             L1B~ARI




                                             1997




                                            SENATE




           CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997




               SUPPLEMENTARY EXPLANATORY MEMORANDUM

                 Amendments to be Moved on Behalf of the Government




    (Circulated with the authority of the Minister for Administrative Services, the
                             Honourable David Jull, MP)




88514 Cat No. 96 7724 0 ISBN 0644 50266 5
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         CONSTiTUTIONAL CONVENTION (ELECTION) BILL 1997

OUTLINE

The amendments and new clauses to be moved on behalf of the government amend the
Constitutional Convention (Election) Bill 1997.

The proposed amendments are designed to:

· clarify that "any other election" referred to in the candidate's declaration refers to the
  election of delegates to the Constitutional Convention only.

· increase the number of squares allowed below the line, in Part B of the ballot-paper, to
  a minimum of 9. Where the number of delegates to be elected is less than 9, the
  minimum number of squares to be printed below the line is 9.

· allow for a different layout of candidate names and group names on the ballot paper
  such that the format of the names of groups can be different to the format of the names
  of ungrouped candidates. For example, the groups may have the group name first and
  in large print with the candidate name next and in a smaller print size, but the
  ungrouped candidates' names are listed first and in large print size and their "name"
  next in smaller print.

· provide for overseas voting arrangements similar to those put in place for federal
  elections.

· provide for a cut-off, of 6pm on the sixth day following the close of the poll, by the
  appropriate DRO, of completed voting material received by an AEO, DRO or ARO
  before the close of the poll.




FINANCIAL IMPACT STATEMENT

The amendments relating to provision of overseas voting facilities are estimated to cost
$200,000. However, the AEC estimates that it can absorb this cost within the total
estimated cost of $35.6 million to conduct the Constitutional Convention Election.
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                                      NOTES ON CLAUSES


Amendment (1) Functions and powers of AssistantReturning Officer
                  -




1.     Inserts a new subclause in clause 20 to provide for the functions and powers of an
Assistant Returning Officer appointed at a place outside Australia.

Amendment (2) Candidate's declaration
                  -




2.      Inserts a note after clause 39 to indicate that the statement "in any other election".
contained in the candidate's declaration refers only to any other election of delegates held
under the Constitutional Convention (Election) Act 1997.

Amendment (3) Number of squares to be printed in Part B of ballot-paper
                  -




3.    Amends clause 55 to provide that in printing Part B of the ballot-paper, the
minimum number of squares to be printed is 9 rather than a number of squares equal to the
number of candidates to be elected.

Amendment (4) Format of group and candidate name on the ballot-paper
                  -




4.       Omits the previous clause 56 and substitutes a new clause 56 to allow for a
different layout of candidate names and group names on the ballot-paper such that the
format of the names of groups can be different to the format of the names of ungrouped
candidates. For example, the groups may have the group name first and in large print with
the candidate names next and in a smaller print size, but the ungrouped candidates' names
are first and in large print size and the "name", requested nder section 30, shown next
and in smaller print.

Amendments (5) to (15) Overseas voting
                              -




5.      Amend clauses 61, 68, 70, 72, 73, 94, Schedule 1 and adds a new clause 69A to
make provision for overseas voting. The amendments allow for:
· display of group voting tickets at the offices of appointed Assistant Returning Oflicers
   (ARO5);
· the return, by overseas electors, of completed voting material to AROs up until 12
   noon on the seventh day before the close of polling to ensure return to Australia in time
   to be included in the scrutiny; and
· a definition of overseas elector in the Dictionary.

6.      The amendment to clause 94 also establishes a cut-off, of 6pm on the sixth day
after the close of the poll, for receipt of certificate envelopes by the appropriate DRO for
inclusion in the preliminary scrutiny.




                      Printed by Authority by the Commonwealth Government Printer
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