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1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
COMMONWEALTH ELECTORAL AMENDMENT BILL
(No. 1) 2000
EXPLANATORY
MEMORANDUM
(Circulated with the authority of the
Special Minister of State,
Senator the Honourable Chris
Ellison)
COMMONWEALTH ELECTORAL AMENDMENT BILL (No. 1) 2000
OUTLINE
The Bill contains measures which:
· specifically allow for the provision of a wide range of elector
information, in addition to name and address information, to Members of the
House of Representatives, Senators and federally registered political
parties.
· specifically allow for the provision of age-range
extracts from the Roll for use in approved medical research and public health
screening programs.
The amendments are required as a result of legal
advice obtained in June and July 2000 that indicated that the Australian
Electoral Commission (the AEC) could not provide the above information without
specific authority in the Commonwealth Electoral Act 1918 (the Act). The
AEC had been providing geographic and other information on the basis that the
Act did not preclude the provision of such information.
Section 83 of the
Act provides that the ‘Roll’ contains electors’ name and
residential address details, and any other particulars that are prescribed.
Currently, no other particulars are prescribed.
In essence, this Bill will restore the previous established practice for the
provision of elector information by the AEC to the above
recipients.
FINANCIAL IMPACT STATEMENT
The
Government anticipates that no additional funds will be expended as a result of
the proposed amendments. However, any additional costs would be absorbed by the
AEC.
NOTES ON CLAUSES
Clause 1 – Short title
1. This clause provides
for the Act to be cited as the Commonwealth Electoral Amendment Act (No. 1)
2000.
Clause 2 – Commencement
2. This clause
provides that the Act will commence on the day on which it receives Royal
Assent. This will allow for early resumption of the supply of elector
information to Members of the House of Representatives, Senators and federally
registered political parties.
Clause 3 –
Schedule(s)
3. This clause provides that the Act specified in the
Schedule is amended or repealed as set out in the Schedule, and any other item
in the Schedule has effect according to its terms.
Schedule 1 -
Amendments - Provision of Information
Item 1 – Provision of Rolls for use in medical research and
public health screening programmes
4. This clause will allow for the
provision of age range extracts of the Roll to medical researchers and public
health screeners and others. Currently, the Act only allows for the provision
of a ‘whole’ Roll.
Item 2 - National Roll information for
federally registered political parties
5. This clause allows for the
provision of Roll information for all States and Territories to federally
registered political parties that are organised in a minimum of five States and
Territories or, if they do not meet that requirement, if at least five members
of the party are Senators or members of the House of
Representatives.
Items 3 and 4 – Provision of Rolls to political
parties etc
6. These items repeal subsections 91(9A) and 91(9C),
which specified certain additional elector information that could be provided to
Members of the House of Representatives, Senators, federally registered
political parties, medical researchers and public health screeners. The supply
of this additional information will now be provided for by proposed new sections
91AA and 91AB.
Item 5 - Provision of additional information to
political parties etc
7. This item inserts new sections 91AA and
91AB which specifically allow for the provision of additional elector
information to Members of the House of Representatives, Senators, federally
registered political parties, medical researchers and public health
screeners.
8. This proposed amendment will restore the previous
established practice for the provision of elector information by the AEC to
these groups.
9. The information (in addition to name and address
details) that may be provided to Members of the House of Representatives,
Senators and federally registered political parties in regard to each person on
the Roll (other than silent electors) includes:
• postal
address;
• sex;
• date of
birth;
• salutation;
• census district;
• date of
current enrolment and current enrolment transaction number;
• voting
eligibility (ie details of whether the person is enrolled for Commonwealth only
or State/Territory only purposes or whether the person has not yet reached 18
years of age);
• whether the person is a general postal
voter;
• whether the person is enrolling for the first
time;
• previous enrolment details and previous enrolment transaction
number;
• State or Territory electoral district;
• local
government area; and
• Australia Post delivery point address
identifier.
10. The additional information relating to silent electors
will not be included.
11. The information (in addition to name and
address details) that may be provided for use in medical research and public
health screening programs in regard to each person on the Roll
includes:
• sex
• age range
12. However, the
minimum age range that may be provided must span at least two
years.
Item 6 - Use of information from Roll
13. This item
will delete references to subsections which are to be repealed and replace them
with references to the proposed new sections 91AA and 91AB which effectively
replace the repealed subsections.