CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997 Explanatory Memorandum

Commonwealth of Australia Explanatory Memoranda

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CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997

1997 HOUSE OF REPRESENTATIVES CONSTiTUTIONAL CONVENTION (ELECTION) BILL 1997 EXPLANATORY MEMORANDUM (Circulated with the authority of the Minister for Administrative Services, the Honourable David Jull, MP) 80943 Cat. No. 96 7384 9 ISBN 0644498927

2 d CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997 OUTLINE This Bill establishes a process for the election of delegates to the proposed Constitutional Convention, which is scheduled to meet in December 1997. The Bill draws from the Commonwealth Electoral Act 1918 (the CEA) for most of its provisions, with changes from the CEA where necessary to cater for differences in the election processes. The major provisions of the Bill are designed to: give the Australian Electoral Commission a function to conduct the election; · establish the number of candidates to be elected from each State, the Australian Capital Territory and the Northern Territory; make the election a postal ballot; provide for a list of candidates to be issued to all voters, which shows names of candidates and a randomly allocated number for each candidate; allow for a Senate style voting system, with two options for recording a vote; voting method A involves voting for groups or non-grouped candidates in a ticket voting system; voting method B involves voting for candidates by placing the number of the candidate in preference boxes on the ballot-paper; allow for groups and non-grouped candidates to have a group name printed on ballot- papers, and the list of candidates; allow for groups and candidates to submit a statement which will be sent to electors; · enable all those on the electoral roll to vote; · enable Australian citizens who are 18 years of age or older and eligible to vote, to nominate for election. require a nomination fee of $500 for each candidate; allow for voting to be voluntary; allow for a quick mechanism for the filling of casual vacancies; put in place offence and penalty provisions; and allow for an appeal process. The Bill makes references, in some places, to the provisions of the CEA, especially with respect to the existence of the Australian Electoral Commission and its staff. FINANCIAL IMPACT STATEMENT The Australian Electoral Commission estimates that the election will cost approximately $35.6 million to conduct.

3 NOTES ON CLAUSES Part 1 Preliminary - Clause 1 - Short title 1. This clause provides for the Act to be cited as the Constitutional Convention (Election) Act 1997. Clause 2 Commencement - 2. This clause provides that the Act shall come into operation on the day on which it receives Royal Assent. Clause 3 Actextends to Norfolk Island - 3. This clause provides for the Act to extend to Norfolk Island. Clause 4 Act to bind Crown - 4. This clause provides that the Act binds the Crown. Clause 5 Identifying defined terms - 5. This clause provides for a Dictionary of terms used in the Act. Terms SO defined are highlighted by an asterix. The Dictionary appears at Schedule ito the Act. Part 2 Overview of election process - Division 1 - General Clause 6 Purpose of Act - 6. This clause establishes the purpose of the Act, which is to provide for elections of delegates from each State and Territory at the Constitutional Convention. Clause 7 Number of delegates to be elected from each State and Territory - 7. This clause specifies the number of delegates to be elected from each State, the Australian Capital Territory and the Northern Territory.

4 Clause 8 Who can vote - 8. This clause provides that the entitlement to vote in an election for delegates in a State or Territory is that the person's name is on the list of electors for that State or Territory and that the list of electors is conclusive evidence of the right of each person named on the list to vote in the election for the State or Territory. The clause is drawn from section 221 of the CEA. The list of electors is described in clause 9. Clause 9 List of electors - 9. This clause provides for the compilation of a list of electors for each State and Territory. Each list is to include those electors whose applications were received prior to the close of the Roll, and who would appear on the Roll for a Senate election for that State or Territory. The list must also include those age 17 electors who would turn 18 on or before the date fixed for the close of the poll. Addresses of silent electors are not to he included on the roll. Clause 10 One vote - 10. This clause provides that a person must not vote more than once in an election nor vote in more than one State or Territory election. This clause is drawn from subsections 221(1) and 222(4) of the CEA. Clause 11 Voting is voluntary - 11. This clause makes it explicit that voting in the elections is voluntary. Clause 12 Electoral Commission to run election - 12. This clause gives the Electoral Commission the function of conducting the elections under the Act and any regulations in force under the Act. Division 2 Timetable for elections - Clause 13 Minister to fix timetable for elections - 13. This clause provides for the Minister for Administrative Services to make a notice which begins the election process. This notice specifies the date for the close of the Roll, the close of nominations and the close of the poll, and for the notification of the election results. A copy of the notice must be published in the Gazette. The clause also provides that the failure to comply with the section does not invalidate the fIxing of the dates. I

5 Clause 14 Date for close of Rolls - 14. This clause specifies that the date for the close of the Roll must be not less than 7 days after the date of the public announcement of the proposed date of the close of the poll or otherwise 7 days after the date of the Minister's notice under clause 13. Clause 15 Date of nomination - 15. This clause provides that nominations shall close 10 days after the date of the Minister's notice under clause 13. If a nominated candidate dies before the close of nominations, the close of nominations shall be extended by one day. Clause 16 Date of notice of results - 16. This clause provides that the results shall be declared no more than 28 days after the close of polling. Clause 17 Electoral Commissioner to advertise election - 17. This clause provides that following the issue of the Minister's notice, the Electoral Commissioner shall advertise the notice in at least one major newspaper in that State or Territory. The Electoral Commissioner shall notify each Australian Electoral Officer and Divisional Returning Officer of the relevant dates and direct them to commence preparations for the conduct of the election. Division 3 Administration - Clause 18 Australian Electoral Officer for the Australian Capital Territory - 18. This clause provides that Electoral Commissioner must appoint an Australian Electoral Officer for the Australian Capital Territory for the election period. The Electoral Commissioner may appoint a person to act as the Australian Electoral Officer for the Australian Capital Territory for the period that the Australian Electoral Officer [or the Australian Capital Territory is absent or unable to perform his or her duties. A person's appointment to act as Australian Electoral Officer for the Australian Capital Territory ) ceases to have effect if that person delivers a signed resignation to the Electoral Commissioner. A person acting as Australian Electoral Officer for the Australian Capital Territory has all the powers and functions of the Australian Electoral Officer [or the Australian Capital Territory. The validity of anything done by a person acting as Australian Electoral Officer for the Australian Capital Territory cannot be called into question on the grounds that the person was not entitled to be acting at that time. This clause is drawn from section 30 of the CEA.

6 Clause 19- Electoral Commissioner may direct officers 19. This clause provides that the Electoral Commissioner may give written directions to officers regarding the performance of their functions and the exercise of their powers under the Act. This clause is drawn from subsection 18(3) of the CEA. Clause 20 Divisional Returning Officers - ( 20. This clause provides that Divisional Returning Officers must carry out their functions under the Act within their own Division subject to the direction of the Electoral Commissioner and the Australian Electoral Officer. Divisional Returning Officers are given power to issue directions to officers for that purpose. This clause is drawn from section 32 of the CEA. Clause 21 Employment of temporary staff - 21. This clause provides that temporary staff may be employed to assist with the conduct of an election under the Act in the same manner as they may be employed to assist with an election under the CEA. This clause is drawn from section 35 of the .CEA. Part 3 The nominations - Division 1 - Nominations Clause 22 Candidate must nominate in order to be elected - 22. This clause provides that a person cannot be elected as a delegate unless the person has nominated him or herself. This clause is drawn from section 162 of the CEA. Clause 23 Qualifications for nomination - 23. This clause sets out the qualifications for nomination and election. To be qualified to be elected, a person must be 18 years of age, an Australian citizen and entitled to vote in the election. A person cannot nominate unless he or she is qualified. This clause is drawn from section 163 of the CEA. Clause 24 Persons not entitled to nominate - 24. This clause provides that a person cannot nominate if, at the close of nominations, he or she is a member of the Commonwealth or a State Parliament or a member of the Legislative Assembly of the Northern Territory or the Australian Capital Territory. If delegates have been appointed, an appointed delegate may not nominate for election. This clause is drawn from section 164 of the CEA.

7 Clause 25 - Multiple nominations prohibited 25. This clause provides that a person may nominate for election as a delegate from one State or Territory only. If a person has nominated for election in more than one State or Territory, at the close of nominations each of those nominations will be invalid. A nomination that is withdrawn before the hour of nomination is not effective from the time of withdrawal. This clause is drawn from section 165 of the CEA. Clause 26 Mode of nominations - 26. This clause provides that a nomination must be in the approved form. A nomination must set out the name and address of each candidate. The name of the candidate may be as it appears in the list of electors. The candidate's given name or names may appear as an initial or in a commonly accepted variation of that name. 27. This clause also provides that candidates must advise the form in which they would like their name to appear on the ballot-paper and the list of candidates. A candidate who is a silent elector is not required to include his or her address on a nomination form hut must provide the Australian Electoral Officer with an address ftr correspondence. This clause is drawn from section 166 of the CEA. Clause 27 To whom nominations made - 28. This clause provides that nominations must he made to the Australian Electoral Officer for the State or Territory to which the election relates. This clause is drawn from section 167 of the CEA. Division 2 Requests for group and candidate names - Clause 28 Grouping of candidates in list of candidates - 29. This clause provides that candidates may jointly request that their names be grouped in the list of candidates, or grouped in a specified order. The request must he made at the time of nomination. If the candidates in a group do not specify the order of the listing of their names in the list of candidates, their names are to be listed in alphabetical order. A candidate's name may not be included in more than one group. This clause is drawn from section 168 of the CEA. Clause 29 Notification of group name - 30. This clause provides that a candidate who joins a request under section 28 may request that the group name be printed on the ballot-paper and on the list of candidates. The group name is printed next to the name of the group's first candidate. The request must be lodged with the Australian Electoral Officer in writing and be signed by the candidate listed first in the request made under clause 28, or if such a request was not

8 made, then by all the candidates in the group. This clause is drawn from section 169 of the CEA. Clause 30 Notification of candidate name - 31. This clause provides that a candidate may request that a name be printed next to the candidate's name on the ballot-paper and the list of candidates. The request must be in writing and lodged with the Australian Electoral Officer at the time of nomination. Clause 31 Request involving certain words or names to be refused - 32. This clause provides that the Australian Electoral Officer must refuse a request under clauses 29 or 30 · if the name is more than six words or if the Australian Electoral Officer considers that the name is obscene; · if the name is identical to the name or abbreviation of a registered political party unless the registered officer of the party has certified the request; · if the names Australian Republican Movement or Australians For Constitutional Monarchy are requested, unless the secretary of the organisation has certified the request. 33. The Australian Electoral Officer may accept a request under clauses 29 or 30 despite the fact that a request has already been accepted for the same name to be printed on the ballot-papers and list of candidates opposite another candidate's name. Clause 32 Combined request and nomination - 34. This clause provides that requests required by this Part or Part 4 to be given to the Australian Electoral Officer may be included on the candidate's nomination paper. This clause is drawn from section 169C of the CEA. Clause 33 Combined requests - 35. This clause provides that 2 or more requests required by this Part or Part 4 to he given to the Australian Electoral Officer may be combined if they are to be made by the same person. This clause is drawn from section 169C of the CEA. Division 3 Candidate statements - Clause 34 Group and candidate statements - 36. This clause provides that each group and candidate may lodge a statement for inclusion in the material to be distributed to voters. An ungrouped candidate's statement must be no longer than 50 words. A group's statement must be no longer than 50 words

9 plus 25 words per candidate. In the case of a dispute in the counting of the number of words, the Electoral Commissioner will determine how the number of words is to be calculated. Clause 35 Requirements for statements - ` 37. This clause provides that statements must be in English, must not contain anything other than words and numbers and be lodged with the Australian Electoral Officer no later than 24 hours after the close of nominations. The Australian Electoral Officer must refuse to accept a statement if it does not comply with the requirements, and may refuse to accept a statement if the Australian Electoral Officer considers it is obscene, or contains a reference to another candidate and that candidate has not given written consent to the reference being made at the time the statement is lodged. Clause 36 Alteration of statements after lodging - 38. This clause provides that statements may be altered up to 72 hours after the close of nominations. Alterations may be made by the person who lodged them or a person authorised by the person who lodged the statement. If the Australian Electoral Officer considers that the statement does not comply with the requirements, the Australian Electoral Officer must attempt to contact the person who lodged the statement, to enable alterations to be made. Clause 37- Printing of Statements 39. This clause provides that the Australian Electoral Officer must print the statements accepted under clause 35 in a pamphlet. Despite the requirement to refuse a statement under clause 35, if a statement is too long, so much of it as makes up the permitted number of words may be printed. The statements must be printed in a type face that is uniform in size and style. The order of the printed statements must be the same as the order of groups and ungrouped candidates in the list of candidates. If no statement is lodged by a group or candidate the pamphlet must indicate that there is no statement at the point in the pamphlet where the statement would have appeared. Clause 38 Electoral Commission not to be liable - 40. This clause provides that the Electoral Commission, an officer, or an employee or agent performing a duty or function under this Act cannot be held liable in any way with respect to content of the statements of any candidate or group.

10 Division 4- Formal requirements of nomination etc. Clause 39- Requisites for nomination 41. This clause provides that a person's nomination is not valid unless the person; · consents to act if elected, · declares that he or she is qualified to be elected, and is not and does not intend to he a candidate in any other election, and · declares his or her Australian citizenship. 42. This clause also provides that a nomination is not valid unless it is received after the announcement of the election and before the hour of nomination. The $500 nomination fee per candidate must be paid at the time of lodging the nomination in legal tender, by bank cheque, money order or payment order drawn by a non-bank financial institution on itself or another branch of the institution. This clause is drawn from section 170 of the CEA. Clause 40- Form ofconsent to act 43. This clause provides that it is sufficient for candidates to sign the consent to act declaration as included in the nomination form. However, the Australian Electoral Officer may accept any other form of consent and declaration if it is considered satisfactory, and such acceptance is final. This clause is drawn from section 171 of the CEA. Clause 41 Rejection of nominations and requests - 44. This clause provides that a nomination may only be rejected by the Australian Electoral Officer to whom it was made if the provisions of clauses 26, 27, 39 or 40 have not been complied with. 45. This clause also provides that no nomination or request under this Part is to be rejected because of any formal defect or error in the nomination or request if the Australian Electoral Officer is satisfied that the provision of clauses 26, 27, 39 or 40 or the requirements of the Act have been substantially complied with. This clause is drawn from section 172 of the CEA. Clause 42 Place of nomination - 46. This clause provides that the place of nomination is the office of the Australian Electoral Officer for that State or Territory. This clause is drawn from section 174 of the CEA. I

11 Clause 43 Hour of nomination - 47. This clause provides that the hour of nomination is 12 noon on the~day of nomination. This clause is drawn from section 175 of the CEA. Clause 44 Declarationof nominations - 48. This clause provides that at the hour of nomination the Australian Electoral Officer must publicly produce all nomination papers and declare the name and address of each candidate. The Australian Electoral Officer must not declare the address of a silent elector. This clause is drawn from section 176 of the CEA. Clause 45 Withdrawal of nominations - 49. This clause provides that a candidate may withdraw his or her nomination before the close of nominations by notifying the Australian Electoral Officer of the withdrawal, in writing. The nomination fee must be returned if the nomination is withdrawn. This clause is drawn from section 177 of the CEA. Clause 46 Return of fee in case of candidates death - 50. This clause provides that if a candidate dies before the date of election, the nomination fee must be returned. This clause is drawn from section 178 of the CEA. Clause 47- Proceedings on nomination day 51. This clause provides that all candidates will be declared elected if the number of candidates nominated is not greater than the number of candidates to he elected. If the number of candidates nominated is greater than the number required to be elected, an election must take place. This clause is drawn from section 179 of the CEA. Clause 48 Death of candidate after nomination - 52. This clause provides that if a candidate dies after the close of nominations and before the close of polling and the number of remaining candidates is not greater than the number of candidates to be elected, they must immediately be declared elected. This clause is drawn from section 180 of the CEA. Clause 49- Failure of election 53. This clause provides that if an election in a State or Territory wholly fails, because no candidate is nominated or returned as elected, the Minister may give notice of a new election under clause 13. This clause is drawn from section 181 of the CEA.

12 Part 4 Preparation for the polling - Division 1 The poll - Clause 50 Arrangements for the polling - 54. This clause provides that if elections are required, the Electoral Commissioner is to immediately cause all necessary arrangements to be made for the taking of the poll. This clause is drawn from section 203 of the CEA. Clause 51 Participation by candidates in conduct of election - 55. This clause provides that a candidate must not take part in the conduct of an election. This clause is drawn from section 219 of the CEA. Division 2 - Ballot-papers and lists of candidates Clause 52 Ballot-papers - 56. This clause provides that ballot-papers must be in the approved form. The words "Ballot-Paper" and directions for return of the completed ballot-paper are to be printed on the ballot-paper. This clause is drawn from section 209 of the CEA. 57. Before issuing a ballot-paper, an officer must ensure that the following is included on the ballot-paper: · the name of the relevant State or Territory; · the number of candidates to be elected; · on "Part A", full names of the candidates, in the same order as they would appear on the printed ballot-papers; · on "Part B", the number of squares that would be required on the printed ballot-paper along with an indication of the preference order that they represent; and · the information required by subclause 55(1) and paragraphs 55(2)(b) and (g). Clause 53 Official mark - 58. This clause provides that the Electoral Commissioner will approve the official mark for the authentication of ballot-papers. Clause 54 Printing of lists of candidates - 59. This clause provides in printing the list of candidates, that: · the names of the grouped candidates are to be printed in the form stated in their nominations; · the names of the groups to which candidates belong are to be printed opposite the candidates' names;

13 · the order of the names of the candidates in a particular group is to be as provided for in clause 28; · the names of the groups of candidates are to be printed before the names of non-group candidates; · the orders of the several groups and of non-group candidates is to be as determined by the Australian Electoral Officer under clause 58; · the names that the non-group candidates have requested be printed opposite their names on the ballot-papers and the list of candidates must be printed next to their names unless the request was refused; · where the similarity in 2 names is likely to cause confusion, those names may be arranged so as to distinguish them from one another; and · each candidate's number must be printed opposite that candidate's name. Clause 55 Printing of ballot-papers - 60. This clause sets out the requirements for printing ballot-papers. The ballot-papers are to have 2 parts, "Part A" and "Part B" which must be separated by a dividing line. In printing "Part A": · the name of only the first candidate in each group is to he printed; · the first candidate's name is to be printed together with the name of the group requested (if that request has not been refused); · the order in which the names are to be printed is that determined under clause 58; · the names of group candidates are to be printed before the names of non-group candidates; · the order in which the names of non-group candidates are to be printed is the same as the order determined for non-group candidates under clause 58; · the names of each of the non-grouped candidates are to printed opposite the name requested under clause 30 (if that request has not been refused); · where similarity in the names of 2 or more candidates is hkely to cause confusion those names are to be arranged in the same way as described in paragraph 54(h); and · a square must be printed opposite the name of each candidate unless otherwise provided by the Electoral Commissioner. 61. In printing "Part B": · a number of squares equal to the number of delegates to be elected must be printed; and · an indication of which is the first preference square, second preference square, third preference square, and so on, must be printed. Clause 56 Form of candidate's name and other material on ballot-papers and lists - of candidates 62. This clause provides that the names of candidates, the group names and names that non-group candidates have requested be printed opposite their names on ballot-papers and

14 the list of candidates under clauses 29 and 30 must be printed in type that is uniform in size and style for all of the names. Clause 57- Determination of candidate numbers 63. This clause provides that each candidate is to be allocated a unique number. The method used to work out the number is to be determined by the Electoral Commissioner. Clause 58 Determination of order of names - 64. This clause sets out in detail the method to be used where a person is required to determine the order of the names of candidates or groups in the list of candidates to be used at the election. This is a system of double randomisation which is used for the draw for the position of candidate's names in House of Representatives and Senate elections. This clause is almost identical to section 213 of the CEA. Division 3 Voting tickets - Clause 59- Group voting tickets 65. This clause provides that grouped candidates may lodge a group voting ticket specifying the order in which they wish voters to indicate their preferences in relation to the candidates in the election. The tickets must show preferences for candidates at least to the number of candidates to be elected. This clause is similar to section 211 of the CEA. Clause 60- Individual voting tickets 66. This clause provides that ungrouped candidates may lodge a voting ticket specifying the order in which they wish voters to indicate their preferences in relation to the candidates in the election. The tickets must show preferences for candidates at least to the number of candidates to be elected. This clause is similar to section 21 1A of the CEA. Clause 61 Voting tickets to be displayed - 67. This clause provides that the Australian Electoral Officer must ensure that group and individual voting tickets for the State or Territory are available for inspection at the office of the Australian Electoral Officer and at the offices of all Divisional Returning Officers and Assistant Divisional Returning Officers in that State or Territory. I I

15 3 PartS Voting - Division 1 Distribution of voting material - Clause 62 Meaning of voting material - 68. This clause defines voting material to include: · a ballot-paper; · a vote certificate in the approved form; · a certificate envelope; · a pre paid envelope addressed to the appropriate Divisional Returning Officer and · a list of candidates 69. This clause is similar to the definition of `postal voting material' in subsection 186(2) of the CEA. Clause 63 Meaning of appropriate DRO - 70 This clause defines appropriate DRO as the Divisional Returning Officer for the Division in which the elector is enrolled. This clause is drawn from section 182 of the CEA. Clause 64 Issue of voting materials to electors - 71 This clause provides that as soon as voting material is available it must be sent to the address or postal address (if any) of each elector on the list of electors with the exception of Antarctic electors. The despatch must be completed, as nearly as practicable, 21 days before the close of the poll. The information contained in the list of candidates and pamphlet of candidate statements will be transmitted to the Antarctic Returning Officer who must ensure each Antarctic elector has reasonable access to that information before voting. Arrangements must be made with the appropriate authorities to send material to electors who are overseas. This clause is similar to subsection 186(1) of the CEA. Clause 65 Issue of candidates statements - ` 72. This clause provides that the Electoral Commissioner must send candidates statements to the same address to which voting material has been sent under clause 64, as nearly as practicable, 21 days before the closing of the poll. The statements should also be sent, as far as practicable, at the same time as the voting material.

16 Clause 66 Request for voting material - 73. This clause provides that an officer may, on request, send voting material and candidate statements to a person. The officer may ask for the person's date of birth and any other information requested on an electoral enrolment form for the purpose of confirming the person's identity. Voting material and candidate statements may not he posted to a person if the request is made after 6pm 5 days before the close of the poll. This clause reflects provisions in section 188 of the CEA. Clause 67- Record of issue of voting material on request to be kept 74. This clause provides that officers must keep a record of the elector or person to whom voting material was issued under clause 66. This clause achieves a similar purpose to subsections 189(1) and (2) of the CEA. Division 2 How voting is done - Clause 68 Requirements for voting - 75. This clause sets out the procedures to be followed by an elector when casting a vote. This clause is drawn from section 194 of the CEA. Clause 69 Marking of votes in an election - 76. This clause provides that ballot-papers are to be marked in 1 of 2 ways. The voter who chooses to vote in Part A of the ballot-paper must write the number 1 in the square opposite the name of the candidate or group whom the person chooses. The voter who chooses to vote in Part B of the ballot-paper must write a candidate number in the first preference square, and may write other candidate numbers in the further preference squares. Clause 70 Votes to be received before the close of the poll - 77. This clause provides that votes will only be included in the count if they are received at the office of the Australian Electoral Officer, a Divisional Returning Officer or an Assistant Divisional Returning Officer before the close of poll. Division 3 Procedure for dealing with votes received - Clause 71 Undertaking by officers and scrutineers - 78 This clause provides that certain officers and all scrutineers must sign an undertaking in the approved form prior to commencing duty. Failure to sign an undertaking is not a ground for setting aside the result of an election. This clause is drawn from section 202A of the CEA.

17 Clause 72 Procedure for dealing with vote certificates, ballot-papers etc. - 79. This clause provides that where a completed vote certificate is received by an officer other than the appropriate Divisional Returning Officer, the officer must record on ) the vote certificate the date and time of receipt and the place at which it was received. The officer must then make a record of receipt of the vote and keep the vote in safe custody until it is forwarded to the appropriate Divisional Returning Officer. This clause is substantially drawn from section 195A of the CEA. Clause 73 Forwarding of certificate envelopes - 80. This clause provides that an officer shall parcel vote certificates required to be forwarded to the appropriate Divisional Returning Officer together with appropriate records, endorse on that parcel the number of vote certificates, then seal the parcel and arrange for its delivery to the appropriate Divisional Returning Officer. This is to he followed up by a written advice to the appropriate Divisional Returning Officer advising the number of vote certificates contained in the parcel. Each Divisional Returning Officer must keep a record of the advice and the number of vote certificates received from other officers. All vote certificates received in the Division are to be kept in safe custody until the commencement of the scrutiny. More than one despatch can be made. 81. This clause also provides that where an Australian Electoral Officer approves the delivery of the vote certificate to a person other than the appropriate Divisional Returning Officer, the vote certificates must be delivered to the appropriate Divisional Returning Officer as soon as practicable. This clause is substantially drawn from section 228 of the CEA. Part 6 Special provisions relating to the polling in Antarctica - Clause 74 Meaning of station - 82. This clause defines "station" as a Commonwealth research station in Antarctica declared by the Electoral Commissioner under section 246 of the CEA to be a permanent research station, or a ship that has been declared by the Electoral Commissioner a station in relation to the elections. This clause is drawn from subsection 246(1) of the CEA. Clause 75 Antarctic Returning Officers and Assistant Antarctic Returning Officers - 83. This clause provides for the appointment, by the Electoral Commissioner, ol an Antarctic Returning Officer and an Assistant Antarctic Returning Officer for each station. This clause is drawn from section 247 of the CEA.

18 Clause 76 Antarctic electors - 84. This clause recognises requests given to Divisional Returning Officers, under section 249 of the CEA, by people who expect to be in Antarctica, as requests under this Act. This clause is drawn from section 249 of the CEA. Clause 77 Arrangements for the polling in Antarctica - ( 85. This clause provides that the Australian Electoral Officer for each State and Territory must provide the Antarctic Returning Officer at each station with the details of any Antarctic electors at that station. The Australian Electoral Officer must also provide directions for the preparation of the appropriate ballot-paper. A written record of this transmission must be made. This clause is drawn from section 250 of the CEA. Clause 78 - Ballot-papers to be initialled 86; This clause provides that ballot-papers must he initialled before being handed to electors. All initialled ballot-papers must be accounted for. This clause is drawn from section 251 of the CEA. Clause 79- The polling in Antarctica 87. This clause sets out the provisions governing the conduct of the poll in Antarctica. This clause is drawn from section 253 of the CEA. Clause 80 Entitlement of Antarctic electors to vote - 88. This clause provides that Antarctic electors whose names have been advised to the Antarctic Returning Officer are entitled to vote during polling hours at that station. This clause is drawn from section 254 of the CEA. Clause 81 Questions to be put to voter at Antarctic station - 89. This clause provides that the Antarctic Returning Officer may question electors SO as to establish the elector's identity and address. A person refusing to answer these shall not be entitled to vote. This clause is drawn from section 255 of the CEA. Clause 82 Right of Antarctic elector to receive ballot-paper - 90. This clause provides that the Antarctic Returning Officer shall give to each Antarctic elector entitled to vote an initialled ballot-paper for their State or Territory. This clause is drawn from section 256 of the CEA.

19 Clause 83 List of Antarctic electors to be marked - 91. This clause provides that the Antarctic Returning Officer shall keep a record of the persons to whom a ballot-paper has been issued. This clause is drawn from section 257 of the CEA. Clause 84 Votes to be marked in private - 92. This clause provides that Antarctic electors are to mark their ballot-paper in private. The Antarctic elector must then fold the ballot-paper and place it in the ballot- box. This clause is drawn from section 233 of the CEA. Clause 85 Assistance to certain voters - 93. This clause provides that if the Antarctic Returning Officer is satisfied that an Antarctic elector requires assistance in marking his or her ballot-paper, a person nominated by the elector must be allowed to assist the Antarctic elector in the marking of his or her ballot-paper. This clause is substantially drawn from subsections 234(1) and (2) of the CEA. Clause 86 Spoilt ballot-papers - 94. This clause provides that an Antarctic elector may receive a replacement ballot- paper if he or she has spoilt their ballot-paper by mistake or accident. The Antarctic Returning Officer must cancel the spoilt ballot-paper by writing the word "spoilt" on the back and sealing it in an envelope and then sign the envelope. This clause is drawn from subsections 238(1) and (3) of the CEA. Clause 87 Proceedings by Antarctic Returning Officer on the close of poll - 95. This clause provides that at the close of the poll the Antarctic Returning Officer shall open the ballot-box in the presence of the Assistant Antarctic Returning Officer. The Antarctic Returning Officer shall then transmit to the Australian Electoral Officer details of the electors who have voted at the station and how each ballot-paper is marked. A written statement of the information transmitted is to be prepared. This clause is drawn from section 259 of the CEA. Clause 88 Result of the polling in Antarctica - 96. This clause provides that the Australian Electoral Officer shall complete ballot- papers and envelopes on receipt of the details of the votes of Antarctic electors. A ballot- paper is not to be marked so as to indicate that it represents the vole of an Antarctic elector. These are then to be forwarded to the appropriate Divisional Returning Officer. This clause is drawn from section 260 of the CEA.

20 Clause 89- Preservation of ballot-papers etc. 97. This clause provides that, as soon as practicable, the Antarctic Returning Officer shall forward to the Electoral Commissioner a copy of the statements of details of Antarctic electors and the ballot-papers used for voting at the station. These documents are to be kept until the election can no longer be questioned or until six months after the declaration of the poll whichever is the latest. This clause is drawn from section 261 of the CEA. Part 7 The scrutiny - Division 1 General - Clause 90- Scrutiny 98. This clause provides that the result of the poll is to be determined by a scrutiny process, consisting of a preliminary scrutiny and a further scrutiny. This clause is substantially drawn from section 263 of the CEA. Clause 91 Scrutineers - 99. This clause provides that candidates may appoint scrutineers to represent them at the scrutiny. The number of scrutineers is limited to one per officer engaged in the scrutiny at the counting centre. The clause also requires that scrutineers he appointed by a notice in writing, signed by the candidate and given or sent to the officer conducting the scrutiny. This clause is drawn from section 264 of the CEA. Clause 92 Presence of scrutineers - 100. This clause provides that scrutineers have the right to be present at the scrutiny, that all proceedings at the scrutiny are to be open for inspection of the scrutineers, and that scrutineers must wear an identification badge supplied by the Australian Electoral Commission. This clause is drawn from subsections 264(3A) and 265(1) of the CEA. Clause 93 Scrutiny may be adjourned - 101. This clause provides that the scrutiny may be adjourned from time to time. This clause is drawn from paragraph 265(1)(d) of the CEA. I

21 Division 2 Preliminary scrutiny - Clause 94 Preliminary scrutiny - 102. This clause provides that the preliminary scrutiny of vote certificates must commence as soon as convenient after they are received by the appropriate Divisional Returning Officer. It also provides that the preliminary scrutiny continue until all envelopes received have been dealt with under this Division. Clause 95 Rules for conduct of preliminary scrutiny - 103. This clause provides for the rules for the preliminary scrutiny, and is drawn from Schedule 3 to the CEA. The rules include that the vote certificate be signed by the voter unless the voter is registered under paragraphs 184A(2)(e) or (I) of the CEA, in which case a person is to sign on their behalf. The rules also require that where a voter is not on the list of electors, the Divisional Returning Officer must check if the voter was removed from the Roll in error, and if so the vote may be accepted. The rules require that where a duplicate envelope is, or envelopes are, detected, the Divisional Returning Officer must decide which envelope, if any, is to be accepted. The rules also require that the Divisional Returning Officer conduct a second check of all rejected envelopes. Clause 96 Preliminary scrutiny may be adjourned - 104. This clause provides that the preliminary scrutiny may be adjourned from time to time. This clause is drawn from subsection 266(4) of the CEA. Clause 97 Correction of formal errors - 105. This clause provides that formal errors made on a vote certificate may he corrected. This clause is drawn from section 199 of the CEA. Division 3 Further scrutiny - Clause 98 Further scrutiny after the close ofpoll - 106. This clause provides that the further scrutiny may not commence until after the close of the poll. Clause 99 Conduct of further scrutiny - 107. This clause is almost identical to section 273 of the CEA, differing primarily due to ` the removal of provisions relating to declaration votes and opening and dealing with ballot-papers received from Assistant Returning Officers (which do not exist for this election), being provisions found in subsections 273(3) to (6) of the CEA. The clause provides for the opening of envelopes, checking of ballot-papers for formality and for the

22 rules for the counting and distribution of preferences. The system for distribution of preferences is the same as that used for the election of Senators. Clause 100 Computerised scrutiny of votes - 108. This clause provides for the scrutiny of ballot-papers to he conducted by a computerised means. This provision is almost identical to the amendment to the CEA proposed in the Electoral and Referendum Amendment Bill 1995, a Bill which was debated, but not passed by the 37th Parliament before the Parliament was prorogued for the 1996 election. Clause 101 Scrutiny prior to receipt of ballot-papers - 109. This clause provides that where ballot-papers have not been dealt with in the preliminary scrutiny and their number cannot affect the result of the election, the Australian Electoral Officer may, if the Electoral Commissioner concurs, proceed with the further scrutiny without waiting for those outstanding ballot-papers. This provision enables the scrutiny to proceed without undue delay should a few ballot-papers be held up in transit. The clause is drawn from section 275 of the CEA. Division 4 Rules for formality of votes etc. - Clause 102 Action on objections to ballot-papers - 110. This clause provides for the action to be taken by the officer conducting a scrutiny should a scrutineer object to the formality of a ballot-paper. This clause is identical to section 267 of the CEA. Clause 103 Informal ballot-papers - 111. This clause provides for the rules of determining the formality of ballot-papers. To be formal a ballot-paper must be authentic, must not identify the voter, and must indicate at least the voter's preference for one group or candidate in Part A of the ballot-paper or one candidate in Part B. This clause also specifies the conditions for a ballot-paper to be invalid in either of Parts A or B. A ballot-paper is not to be considered informal by reasons specified in the clause, but is to be given effect to according to the voter's intention, so far as that intention is clear. This clause is drawn from section 268 of the CEA. I

23 Clause 104 Ballot-papers marked on both Part A and Part B - 112. This clause provides the rules for considering ballot-papers which are marked formally both in Part A and Part B of the ballot-paper. In such cases the vote recorded in Part A of the ballot-paper is to be accepted. It also provides that if only one of Part A or Part B is formal, the formal part is to be accepted. Clause 105 Ballot-papers marked on Part A - 113. This clause provides that where a voter has marked Part A of the ballot-paper, and it is formal, with a preference mark for an ungrouped candidate or for a group, and a voting ticket has been lodged with respect to that candidate or group, the voter is taken to have expressed preferences for the candidates in the election according to the preferences on the ticket. This clause also provides that ballot-papers marked in Part A of the ballot- paper with a preference mark for one and only one non-group candidate, and where that non-group candidate has not lodged a preference ticket under clause 60, the vote is to be taken as the voter'S first preference for that candidate, and that no further preferences have been expressed. Clause 106 Ballot-papers marked on Part B - 114. This clause provides that where a voter has placed a candidate number in a first preference square in Part B of the ballot-paper, the voter is taken to have expressed a first preference for that candidate. If the voter has placed candidate numbers in subsequent preference squares, the voter is taken to have expressed a second preference, and so on, for those candidates in the order of the preference squares so marked. If a candidate number is repeated the preferences exhaust at the previous preference, if any. Where there is a candidate number in a preference square, and another preference square higher in the order does not show a candidate number, the blank square is ignored and the voter is taken to have expressed the next preference for the candidate whose number is shown in the next subsequent preference square, if any. Clause 107 Errors not to forfeit vote - 115. This clause provides that no omission in the list of electors of any name, or the ` entry of a wrong name or address and no mistake in the spelling of any surname, warrants the rejection of any vote of any elector if the elector is sufficiently identified in the opinion of the Divisional Returning Officer. Nor should any elector he disqualified from voting under the name appearing on the list of electors because their name has been changed by marriage. This clause is drawn from section 230 of the CEA.

24 Clause 108 Vote not informal merely because candidate dies - 116. This clause provides that where a candidate dies between the date of nomination and the close of the poll, and the number of candidates remaining is greater than the number of delegates to be elected, a ballot-paper is not to be considered informal only because the deceased candidate's name is on the ballot-paper, or because a voter has placed a mark in the square opposite that candidate's name, or because the voter has placed that candidate's number in a preference square in Part B of the ballot-paper. This clause is drawn from subsection 239(4) of the CEA. Clause 109 Mistakes - 117. This clause provides that a ballot-paper is not to be rejected if only a candidate's surname is written on the ballot-paper, provided that no other candidate has the same surname. Further a ballot-paper is not to be rejected if a spelling error in the candidate's name has been made, provided the elector's intention is clear. This clause is drawn from section 200 of the CEA. Division 5 Re-count and disputed votes - Clause 110 Re-count - 118. This clause provides that prior to the declaration of the results of an election, the Australian Electoral Officer may, on the written request of a candidate, or of his or her own volition, direct or conduct a re-count of any parcel of ballot-papers or in any other category as determined by the Australian Electoral Officer. If the Australian Electoral Officer refuses a request for a re-count from a candidate, the candidate may, in writing, appeal to the Electoral Commissioner to direct a re-count of the ballot-papers to which the request relates. The Electoral Commissioner may direct a re-count or refuse to direct a re- count. This clause is almost identical to section 278 of the CEA. Clause 111 Conduct of re-count - 119. This clause provides for the rules for the conduct of a re-count. It is drawn substantially from section 279B of the CEA. The clause provides that the re-count must be open to scrutineers, that the opening of parcels is to be in the presence of available scrutineers and a member of the Australian Public Service. The clause also details the steps that are to be taken with ballot-papers reserved for the Australian Electoral Officer's decision. ( I

25 Clause 112 Powers of officer conducting re-count - 120. This clause provides that the officer conducting the re-count has the same powers as if the re-count were the scrutiny, and may reverse any decision in relation to the scrutiny with respect to the admission or disallowance and rejection of any ballot-paper. This section is identical to section 280 of the CEA. Clause 113 Reservation of disputed ballot-papers - 121. This clause provides that the officer conducting a re-count may, and at the request of a scrutineer must, reserve any ballot-paper for the decision of the Australian Electoral Officer. Further, the Australian Electoral Officer must decide on the validity of any ballot- paper reserved for his or her decision. The clause also provides that in the event of the validity of an election being disputed, the Court may consider the ballot-papers which have been reserved for the decision of the Australian Electoral Officer, but must not order any further re-count of the whole or any part of the ballot-papers in connection with the election unless it is satisfied that the re-count is justified. This clause is identical tO section 281 of the CEA. Part 8 Notice of election results etc - Clause 114 Notice of election results - 122. This clause provides that the Australian Electoral Officer must, as soon as practicable after the result of the election has been ascertained, declare at the place of nomination, the result of the election and the names of the candidates elected. The Australian Electoral Officer must then sign a notice certifying the names of the elected candidates and send the notice to the Electoral Commissioner. The Electoral Commissioner must, as soon as practicable after the notice has been received from each OF Australian Electoral Officer for the States and Territories, give to the Minister a copy of the notices from the Australian Electoral Officers and cause a copy to be published in the gazette. This clause is drawn from section 283 of the CEA. Clause 115 Notice of re-count results - 123. This clause provides for the declaration of the results of a re-count which has been ordered by the Court under subclause 163(d). The ~TOCCSS for declaration, certification and notification is similar to that in clause 114.

26 Part 9 Casual vacancies - Clause 116 Casual vacancy may be filled - 124. This clause provides for the rules for filling of a casual vacancy caused by the death or resignation of a delegate. The clause provides that the Chairman of the Convention requests the Electoral Commissioner to notify him or her of the name of the person to take the place of the delegate who has died or resigned (the former delegate). If the lormer delegate was a grouped candidate and there was a candidate or other candidates for that group who were not elected, the Electoral Commissioner must ascertain whether the candidate, or the first-listed of those candidates, is available and willing to fill the vacancy and, if so, declare the candidate elected. If the first-listed candidate is unavailable or unwilling to fill the vacancy, the Electoral Commissioner must ascertain whether the next listed candidate for the group is available and willing, and so on until either the Electoral Commissioner declares a candidate elected or ascertains that there is no candidate for the group who is able to fill the vacancy. Clause 117- Chairman of Convention must be notified 125. This clause provides that the Electoral Commissioner must write to the Chairman of the Convention advising the name of the person declared elected under clause 116. The Electoral Commissioner must also advise the Chairman of the Convention if the former delegate was a grouped candidate and there is no candidate from the group to fill the vacancy, or if the former delegate was an ungrouped candidate; in which case the vacancy may be filled in a manner determined by the Chairman. Part 10 Electoral Offences - Division 1 Interpretation - Clause 118 Interpretation - 126. This clause provides that the period during which time a relevant offence provision is operative, is the period commencing on the day the Minister gives a notice under clause 13 and ending at the close of the poii. This clause is drawn from section 322 of the CEA. DivIsion 2 Duties of officers - Clause 119 Officers and scrutineers to observe secrecy - 127. This clause provides that an officer or a scrutineer must not disclose information relating to the vote of an elector that the officer or scrutineer acquired in the performance of his or her duties. This clause is drawn from section 323 of the CEA. I

27 120 Officers not to mark ballot-papers so that the voter can be identified - Clause 128. This clause provides that officers may not mark or write on a ballot-paper in a way which would identify the voter, except as authorised by the Act or the regulations. A penalty applies for a breach of this provision. This clause is identical to section 271 of the CEA. Clause 121 Officers not to influence vote - 129. This clause provides that an officer who attempts to influence the vote of an elector is guilty of an offence. This clause is drawn from section 325 of the CEA. Division 3 - Offences relating to the printing and publishing of electoral advertisements etc. Clause 122 Printing and publication of electoral advertisements, notices etc. - 130 This clause provides that during the election period electoral advertisements must either include the name and address of the person who authorised the electoral advertisement, or the name of the person who authorised it must be apparent from the advertisement. In the case of printed advertisements, the name and business address of the printer is also required. Further, if an advertisement covers two facing pages of a newspaper and cannot be read across both pages, the name and address of the person who authorised the electoral advertisement must appear on both pages. This clause also sets out the articles which are exempt. This clause is drawn from section 328 of the CEA. Clause 123 Misleading or deceptive publications - 131. This clause provides that during the election period a person shall not print matter that is likely to mislead or deceive electors in the casting of their vote, or encourage. electors to mark their ballot-paper other than in accordance with the directions on the ballot-paper. 132. This clause also provides that in a prosecution for an offence under this section it is material to prove that a person ought reasonably to have known that the matter was likely to mislead or deceive an elector in the casting of a vote. The issue is to be decided having regard to the person's abilities, experience, qualifications, training and other attributes and the ~circumstancesof the alleged offence. This clause is drawn from section 329 of the CEA. Clause 124 Heading to electoral advertisements - This clause provides that during the election period paid newspaper advertising containing electoral matter must show the heading "advertisement" in at least 10 point 133. size. This clause is drawn from section 331 of the CEA.

28 DIvision 4 Offencesrelating to electoral papers - I Clause 125 Signature to electoral paper - 134. This clause provides that electoral papers which must be signed, must be personally signed, or in the case of a person making a mark, in the presence of a witness who signs. No person may sign on behalf of another person, or forge a person's signature. This clause is drawn from section 336 of the CEA. Clause 126 Witnessing of electoral papers - 135. This clause sets out the requirements for the witnessing of electoral papers. This clause is drawn from section 337 of the CEA. Clause 127 Forging or uttering electoral papers - 136. This clause provides that a person shall not forge or knowingly make use of forged electoral papers. This clause is drawn from section 344 of the CEA. Division 5 - Offences relating to ballot-papers and vote applications Clause 128 Unlawfully marking ballot-papers - 137. This clause provides that ballot-papers are only to be marked by the person to whom the ballot-paper has been lawfully issued or by a person authorised under a provision of the Act. This clause is drawn from section 338 of the CEA. Clause 129 Offence In respect of voting - 138. This clause provides that, other than at the request of an elector, a person must not interfere with an elector marking a ballot-paper or do anything to enable that person or another person establish how an elector marked his or her ballot-paper. This clause is drawn from section 195 of the CEA. Clause 130 Failure to post or deliver certificate envelope etc. - 139. This clause provides that a person entrusted by an elector to post or deliver a vote certificate envelope to an officer must post or deliver that vote certificate as soon as I possible. This clause is drawn from section 197 of the CEA. I

· 29 Clause 131 Failure to post or deliver request for voting material etc. - 140. This clause provides that a person entrusted by an elector to post or deliver a request for voting material to an officer must post or deliver that request as soon as practicable. This clause is drawn from section 197 of the CEA Clause 132 Inducing elector to hand over marked ballot-paper - 141. This clause provides that a person must not induce an elector to hand over to the person a ballot-paper on which a vote has been recorded. This clause is drawn from section 198 of the CEA. Clause 133 Opening of ballot-paper - 142. This clause provides that only the appropriate Divisional Returning Officer or an officer acting at the direction of the Divisional Returning Officer may open an envelope containing a ballot-paper on which a vote has been recorded. This clause is drawn from section 196 of the CEA. Clause 134 Other offences relating to ballot-papers - 143. This clause provides that persons must not impersonate any person to obtain a ballot-paper, fraudulently destroy or deface ballot-papers, forge nomination papers or ballot-papers or utter such forged papers, supply ballot-papers without authority, unlawfully destroy or interfere with ballot-boxes, wilfully vote more than once at an election or wilfully vote at more than one election or make a false or misleading statement in relation to the election. A person must not knowingly make a false or misleading statement in any claim, application, return or declaration (not being a statement made in a nomination paper) or in an answer to a question. A person must not wilfully deface, mutilate, destroy or remove any notice, list or other document placed with the authority of an officer. 144. This clause also provides that a person must not make a statement in a nomination paper that the person knows, or ought to have known, is false or misleading; or omit information from a statement which is likely to make that statement false or misleading. In a prosecution for an offence under this section it is material to prove that a person ought reasonably to have known that the statement was false or misleading or that by omitting information from a statement that the statement would be false or misleading. The issue is to be decided having regard to the person's abilities, experience, qualifications, training and other attributes and the circumstances of the alleged offence. This clause is drawn from section 339 of the CEA.

30 Division 6 Other offences - Clause 135 Influencing the votes of hospital patients etc. - 145. This clause provides that a proprietor or staff member of a nursing home or hospital who attempts to influence the vote of an elector who is a patient or resident in that nursing home or hospital is guilty of an offence. This clause is drawn from section 325A of the CEA. Clause 136 Bribery - 146. This clause provides that a person must not ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind, whether for the same or any other person, on the understanding that: · any vote of the first-mentioned person; or · any candidature of the first-mentioned person; or · any support of, or opposition to, a candidate or group of candidates by the first- mentioned person; or · the doing of any act or thing by the first-mentioned person the purpose of which is, or the effect of which is likely to be, to influence the preference set out in the vote of an elector; or · the order in which the names of candidates whose names are included in a group in accordance with a request under clause 28 appear on a list of candidates; will be, in any manner, influenced or affected. 147. A person must not, in order to influence or affect: · any vote of another person; or · any candidature of another person; or · any support of, or opposition to, a candidate or group of candidates by another person; or · the order in which the names of candidates for election whose names are included in a group in accordance with a request under clause 28 appear on a list of candidates; give or confer, or promise or offer to give or confer, any property or benefit of any kind to that other person or to a third party. 148. However, this does not apply in relation to a declaration of public policy or promise of public action. This clause is drawn from section 326 of the CEA. Clause 137 Interference with political liberty etc. - 149. This clause provides that a person must not interfere with the free exercise or performance of any political rights or duties of another person in relation to the election. I

31 A person must not discriminate against a person who has made a donation to a candidate or organisation by: · denying that person membership of any trade union, club or other body; · not allowing him or her to work or continue in his or her work; or · subjecting that person to intimidation, coercion or other detriment. 150. This clause is drawn from section 327 of the CEA. Clause 138 False statements in relation to Rolls or lists of electors - 151. This clause provides that a person who, during the election period, deliberately makes a false statement to another person regarding that person's enrolment, or whether the person is or is not on a list of electors, is guilty of an offence. This clause is drawn from section 330 of the CEA. Clause 139 Protection of the official mark - 152. This clause provides that a person must not, without lawful authority: · make any official mark on or in any paper · be in possession of any paper bearing an official mark · use or be in possession of any instrument capable of making an official mark on any paper. 153. A person who without lawful authority makes an official mark on any paper is to be taken to have forged a ballot-paper. This clause is drawn from section 346 of the CEA. Clause 140 Control of behaviour at counting centres - 154. This clause provides that a person must not misbehave, deliberately disobey the direction of the officer in charge of the counting centre, or enter or remain in a counting centre without permission of the officer in charge. Such persons may be removed by a police officer or an authorised person. This clause is drawn from section 348 of the CEA. Division 7 Proceedings for offences - Clause 141 Prosecution of offences - 155. This clause provides that an offence against clause 136 is an indictable of!cnce except that a court of summary jurisdiction may determine any proceedings under clause 136 with the approval of the court and the agreement of parties. The maximum penalty that may be imposed by a court of summary jurisdiction for an offence under clause 136 is imprisonment for 12 months. This clause is drawn from section 384 of the CEA.

32 Clause 142 Certificate of evidence - 156. This clause provides that in a prosecution under the Act, a certificate of the Electoral Commissioner, Australian Electoral Officer or the Divisional Returning OftIcer that an election was duly held and that a person was a candidate in the election is to be taken as evidence. This clause is drawn from section 385 of the CEA. Clause 143 Evidence of authorship or authorisation of material - ( 157. This clause provides that in proceedings for an offence under the Act, an electoral advertisement, handbill, pamphlet, notice or video recording that includes a statement that it was authorised by a specified person is admissible as evidence of that fact. A printed electoral advertisement, handbill, pamphlet or notice that includes a statement that a specified person or firm was the printer is admissible as evidence of that fact. This clause is drawn from section 385A of the CEA. Part 11 Court of Disputed Returns - Division 1 - Interpretation Clause 144 Interpretation - 158. This clause provides that Part 11 of the Act: · bribery or corruption means a contravention of clause 136; · illegal practice means a contravention of the Act or the regulations; · undue influence means a contravention of clause 137 or section 28 of the Crimes Act 1914. 159. This clause is drawn from section 352 of the CEA. Division 2 Disputing elections or returns - Clause 145 Method of disputing elections - 160. This clause provides that the validity of an election may only be disputed by a petition addressed to the Court. A person may dispute an election or return only in relation to the election in which the person was entitled to vote. The jurisdiction of the Court to try petitions may be exercised by a single Judge. The Court is defined as the Federal Court. This clause is drawn from section 353 of the CEA. Clause 146 Appeals - 161. This clause provides that except in accordance with leave given by the Court, a judgement by a single Judge cannot be appealed to the Full Court.

33 Division 3 Petitions - Clause 147 Requisites of petition - 162. This clause provides that petitions challenging the validity of an election must: ) · set out the facts relied on to invalidate the election or return; · set out those facts in sufficient detail to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief; · contain a request asking for the relief the petitioner claims to be entitled to; · be signed by a candidate at the election in dispute or by a person who was entitled to vote in that election; · be attested by 2 witnesses whose addresses are stated; and · be filed in the Registry of the Court within 14 days after the date fixed under clause 13 for the notification of election results. 163. This clause is drawn frOm section 355 of the CEA. Clause 148 Deposit to be paid - 164. This clause provides that the sum of $500 must be deposited with the Registrar of the Court as security for costs when a petition is filed. This clause is drawn from section 356 of the CEA. Clause 149 Petition by Electoral Commission - 165. This clause provides that the Electoral Commission may file a petition signed by the Electoral Commissioner. This clause is drawn from section 357 of the CEA. Clause 150 No proceedings unless requirements complied with - 166. This clause provides that only petitions meeting all the requirements will he proceeded with. This clause is drawn from section 358 of the CEA. Division 4 Proceedings on petitions - Clause 151- Right of Electoral Commissioner to be represented 167. This clause provides that the Electoral Commission is entitled to appear and he heard in any petition as a respondent. This clause is drawn from section 359 of the CEA. Clause 152 Representation of the parties before Court - ` 168. This clause provides that any party to a petition may appear in person or he represented by a solicitor or counsel. This clause is drawn from section 370 of the CEA.

34 Clause 153 Inquiries by Court - 169. This clause provides that the Court must inquire into whether or not the petition has been duly signed, and so far as Rolls, lists of electors, lists of voters and voting are concerned may inquire into the identity of persons, and whether their votes were improperly admitted or rejected, assuming the Roll, list of electors and any list of voters to be correct, but the Court must not inquire into the correctness of any Roll, list of electors or list of voters. 170. Where the Court makes inquiries in relation to ballot-papers marked in Antarctica pursuant to Part 6 a statement of the particulars of the marking of the ballot-papers prepared by an Australian Electoral Officer under subclause 88(3) is, unless the Court orders otherwise, conclusive evidence of the particulars stated. This clause is drawn from section 361 of the CEA. Clause 154 Powers of Court - 171. This clause Sets out the powers of the Court and provides that the Court may exercise those powers as it sees fit. The Court may overturn the election of a candidate or declare an election void and award costs. This clause is drawn from section 360 of the CEA. Clause 155 Prompt resolution of disputes - 172. This clause provides that the Court must set out to try petitions promptly. Clause 156 Expedited hearing of petitions - 173. This clause provides that a party to. the petition may move for an expedited hearing. Clause 157 -Real justice to be observed 174. This clause provides that the Court must be guided by the substantial merits and good of each case without regard to legal forms or technicalities, or whether the evidence before it is in accordance with the law of evidence or not. This clause is drawn from section 364 of the CEA. Clause 158 Provision of Court to have regard to certain rejected ballot-papers - 175. This clause provides that in making its decision on a petition, the Court may have regard to any ballot-papers rejected at the preliminary scrutiny if the Court is of the opinion that the ballot-papers should not have been rejected. This clause is drawn from section 364A of the CEA.

35 Clause 159 Immaterial errors not to vitiate election - 176. This clause provides that elections cannot be voided as a result of delays in the election process which did not affect the result of the election. Where an elector was prevented from voting on account of delays in the election process, details of the elector's voting intention must not be admitted in evidence in determining whether the elector being prevented from voting affected the result of the election. This clause is drawn from section 365 of the CEA. Clause 160 Errors relating to printing of ballot-papers - 177. This clause provides that an error in the printing on a ballot-paper of group names or names requested under clause 30, or the failure of an officer to comply with the provisions of clauses 54, 55 or 56, cannot result in a candidate's election being overturned or an election being declared void. This clause is drawn from section 366 of the CEA. Clause 161 Evidence that person not permitted to vote - 178. This clause provides that the Court must not admit evidence of a witness that he or she was not permitted to vote unless that person can demonstrate that he ot she claimed to vote in the election and complied with the requirements of the Act and regulations in attempting to obtain a vote to the extent that he or she was permitted so to do. This clause is drawn from section 367 of the CEA. Clause 162 Voiding election for illegal practices etc. - 179. This clause provides that an election is to be declared void if a successful candidate committed or attempted to commit bribery or undue influence. The election of a candidate must not be overturned or an election voided because of an illegal practice committed without the knowledge or authority of the candidate, or because of an illegal practice other than bribery or attempted bribery or corruption unless the practices were likely to affect the result of the election. The Court may not overturn the election of a candidate or declare the election void on the grounds of breaches of the Broadcasting Services Act 1992 or the Radiocommunications Act 1992. This clause is drawn from section 362 of the CEA. Clause 163 Costs - 180. This clause provides that the Court may award costs against unsuccessful petitioners. Where costs are awarded against the petitioner, the security deposit may be used towards payment of costs, but otherwise the deposit is to be repaid to the petitioner. This clause is drawn from sections 371 and 372 of the CEA.

36 Clause 164 Effect of decision - 181. This clause provides that if the Court overturns the election of a candidate, that candidate cannot join the Convention. If the Court declares a candidate not previously elected as elected, that person can join the Convention. If the Court declares an election void a fresh election may be held. If a position of a candidate is declared vacant, the Electoral Commissioner must order a recount of the ballot-papers in the election of the candidate. This clause is drawn from section 374 of the CEA. Clause 165 Court to report cases of illegal practices - 182. This clause provides that findings by the Court of illegal practices must be reported t&the Minister. This clause is drawn from section 363 of the CEA. Clause 166 Right of Electoral Commission to have access to documents - 183. This clause provides that, except by order of the Court, the Electoral Commission has right of access to documents as is necessary for the performance of its duties despite the filing of a petition. This clause is drawn from section 375A of the CEA. Clause 167 Procedure on a recount of votes - 184. This clause provides that in a recount, votes marked to the candidate whose position has been declared vacant are to be counted towards the elector's next preference and all subsequent preferences are taken to be altered accordingly. Clause 168 Power to make Rules of Court - 185. This clause provides that Judges of the Federal Court may make rules to allow the Court to function as required by the Act. The clause also provides that if the Legislative Instruments Act 1997 commences or has commenced, on the day that the Constitutional Convention (Election) Act 1997 commences, a Rule of Court made under this clause is to be taken to have been made under the Federal Court Act 1976. Alternatively, if the Legislative Instruments Act 1997 has not commenced, the relevant sections of the Acts Interpretations Act 1901 apply in relation to the Rules of Court. This clause is drawn from section 375 of The CEA. Part 12 Miscellaneous - I Clause 169 Correction oferrors - 186. This clause provides that any delay, error or omission in the printing, preparation, issue, transmission, or giving of any Roll, voting material, candidate statement or notice, may be remedied, removed, rectified, and supplied by proclamation specifying the matter

37 dealt with, and providing for the course to be followed, and such course is valid and sufficient. This clause is drawn from section 285 of the CEA. Clause 170 Extension of time for holding elections - 187. This clause provides that despite any other provision of the Act, before or after the day fixed as the day for the close of the poll, the Minister may, by notice published in the Gazette, provide for extending the time for holding the election, for the holding of the election in a specified State or Territory, or for giving a notice under this Part, or meeting any difficulty which might otherwise interfere with the due course of the election. Such provisions are valid and sufficient and any date provided for in place of a date fixed by the Minister's notice under clause 13 is taken to be the date so fixed. Any extension of time provided for under this clause is to be given immediate public notice. This clause is drawn from section 286 of the CEA. Clause 171 Extension of time for acts by officers - 188. This clause provides that the Commission may extend by up to 48 hours, the time in which an officer is required to do an act. This clause is drawn from section 381A of the CEA. Clause 172 Delegation by Electoral Commission - 189. This clause provides that the Electoral Commission may delegate to the Electoral Commissioner, the Deputy Electoral Commissioner, an Australian Electoral Officer or officer or a member of staff of the Electoral Commission, any or all of its powers under this Act. This delegation may be revoked by the Electoral Commission. Delegations continue in force despite changes to the membership of the Electoral Commission. This clause is substantially drawn from section 16 of the CEA. Clause 173 Delegation by Electoral Commissioner - 190. This clause provides that the Electoral Commissioner may delegate any or all of his powers under this Act to the Deputy Electoral Commissioner, an Australian Electoral Officer or an officer or member of the staff of the Electoral Commission. This clause is drawn from section 28 of the CEA. Clause 174 Injunctions - 191. This clause provides for the seeking and granting of injunctions relating to these elections. This clause is drawn from section 383 of the CEA.

38 Clause 175 Electoral matters to be sent free by post - 192. This clause provides that electors shall not be charged for the posting of electoral papers. All papers sent to electors shall, on proof of posting, be deemed to have been received by electors as per any ordinary article of mail. This clause is drawn from section 387 of the CEA. Clause 176 Collection of statistical information - 193. This clause provides that the Electoral Commission may collect statistical information from election documents (including ballot-papers and vote certificates) if the petition deadline has passed and no petitions were filed, or the Court has disposed of any petitions disputing an election. This clause is drawn from section 393 of the CEA. Clause 177 Preservation ofdocuments - 194. This clause provides that the Divisional Returning Officer is to keep documents relating to the election until the Electoral Commissioner directs that they be destroyed. All documents dealt with during the scrutiny must be parcelled and sealed following the scrutiny, and may only be removed from the parcel at the direction of the Electoral Commissioner. Documents removed from parcels must be re-parcelled and the parcel annotated with an explanation of why it was opened. Documents removed from a parcel must not be altered. The Electoral Commissioner may direct that the documents relating to the election be destroyed from 6 months after the declaration of the poll if they are no longer required by the Electoral Commission. This clause is drawn from section 393A of the CEA. Clause 178 Minister's notice not a legislative instrument - 195. This clause ensures that the provisions of the Legislative Instruments Act 1997 (if in force on the date of the Minister's notice) do not apply to the Minister's notice under clause 13. Clause 179 Regulations - 196. This clause provides that regulations may be made prescribing matters as required. Regulations may set out the penalties (not exceeding 5 penalty units) for breach of the regulations. This clause is substantially drawn from section 395 of the CEA. I Schedule 1 - Dictionary 197. The Dictionary provides for definitions of various terms used throughout the Bill. 0 Printed by Authority by the Commonwealth Government Printer

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