Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
SENATE
COMMONWEALTH
ELECTORAL AMENDMENT BILL (No. 1) 2000
REVISED
EXPLANATORY MEMORANDUM
(Circulated with the authority
of the Special Minister of State,
Senator the Honourable Chris
Ellison)
THIS MEMORANDUM TAKES ACCOUNT OF
AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES TO THE BILL AS
INTRODUCED
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.
· require all political parties applying for registration from 3 October 2000 to prove that they have 500 members.
· provide that currently registered parliamentary parties retain their registration as long as they have a party member in Federal parliament.
· provide that currently registered parliamentary parties which are
registered on the basis that they have a party member in a State or Territory
legislature have a period of 6 months from 3 October 2000 in which to satisfy
the Australian Electoral Commission that they have 500 members or be
deregistered.
The amendments relating to the provision of elector
information 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.
The
amendments relating to political party registration address Government, and
broader public, concerns that the political party registration provisions of the
Commonwealth Electoral Act 1918 could be open to exploitation where
members of parliament use their parliamentary membership to register political
parties for federal election purposes, even where these parties do not have a
membership base.
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. Sub-clause 1
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. Sub-clause 2 provides that Schedule 2 is taken to
have commenced on 3 October 2000.
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.
Schedule 2 - Amendments -
Registration of political parties
Commonwealth Electoral Act
1918
Item 1 – Definition of eligible political
party
14. This clause amends the definition of eligible political
party. In future, a party can only be an eligible political party if it has
at least 500 members and was established on the basis of a written constitution
that sets out the aims of the party. Accordingly, parties will not be able to
apply for registration on the basis of having a party member who is a member of
an Australian legislature.
Item 2 – Definition of parliamentary
party
15. This clause amends the definition of parliamentary
party. Previously a parliamentary party was one which had a party member
who was a member of any Australian legislature. In future, a parliamentary
party will be one which was registered as at 2 October 2000 and which then had
and continues to have a party member who is a member of Federal
parliament.
Item 3 – Application for registration of an eligible
political party
16. This clause repeals subsection 126(1) and
substitutes a new subsection 126(1). The new subsection provides that an
application for registration is to be made by 10 members of the eligible
political party, one of whom has to be the secretary of the party. This
amendment is necessary as a result of the change to the definition of eligible
political party.
Items 4-8 – Parties with certain names not to
be registered
17. These items amend section 129 by adding a
definition of recognised political party and amending relevant paragraphs of
section 129 as a result of the inclusion of the definition. The amendment means
that an application for registration of a political party will be refused if the
proposed name of the party applying for registration is the name, abbreviation
or acronym, or closely resembles the name, abbreviation or acronym, of an
existing parliamentary party, registered party or certain parties which have
stood candidates under their party name at State or Territory elections in the
preceding 5 years. This amendment is necessary as a result of the change to the
definition of parliamentary party and in order to preserve the current provision
protecting the names of State/Territory “registered” political
parties.
Item 9 – Changes to Register
18. This clause
repeals paragraph 134(1)(a) and substitutes a new paragraph 134(1)(a). This
amendment results from the amendment of the definition of parliamentary party
and the amendment of section 126. It provides that an application to change the
registration of a parliamentary party can only be made by either the party
secretary or all the members of the parliamentary party who are currently
members of Federal parliament.
Item 10 – Transitional –
existing registered political parties
19. This clause provides that
parties registered as at 2 October 2000 on the basis that they have a party
member in a State or Territory legislature retain registration for 6 months from
3 October 2000.
Item 11 – Transitional – applications made
before commencement
20. This clause provides that a party which has
applied for registration, prior to 3 October 2000, on the basis that it has a
party member in a State or Territory legislature and which is granted
registration after 3 October 2000, retains that registration until 2 April 2001.
Parties which applied for registration prior to 3 October 2000 will have their
applications processed in accordance with the legislation as it stood at the
time of application. Should registration be granted however, the parties must
then meet the requirements of the legislation as amended by this
Bill.
Item 12 – Transitional – provision of information to
Electoral Commission
21. This clause provides that a party to which
clause 10 or 11 applies will be deregistered if it has not satisfied the
Electoral Commission, before 3 April 2001, that it has 500 members.