Commonwealth of Australia Explanatory Memoranda

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ELECTORAL AND REFERENDUM AMENDMENT (IMPROVING ELECTORAL PROCEDURE) BILL 2012

                          2010-2011-2012



THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                HOUSE OF REPRESENTATIVES




ELECTORAL AND REFERENDUM AMENDMENT (IMPROVING
        ELECTORAL PROCEDURE) BILL 2012




    SUPPLEMENTARY EXPLANATORY MEMORANDUM



     Amendments to be Moved on Behalf of the Government




    (Circulated by the authority of the Special Minister of State,
                    the Hon Gary Gray AO MP)
 ELECTORAL AND REFERENDUM AMENDMENT (IMPROVING ELECTORAL
                    PROCEDURE) BILL 2012

OUTLINE
The Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012 (the
Bill) as introduced, amends the Commonwealth Electoral Act 1918 (the Electoral Act) and
the Referendum (Machinery Provisions) Act 1984 (the Referendum Act).

Following the inquiry into the conduct of the 2010 federal election, the Joint Standing
Committee on Electoral Matters (JSCEM) tabled a report entitled The 2010 Federal Election:
Report on the conduct of the election and related matters (JSCEM Report). The Bill
implements the Government response to Recommendations 12, 31and 32 of the JSCEM
Report as well as making a number of technical and minor amendments.

The Bill contains provisions that will:
· remove the prescription relating to how postal votes are processed currently set out in the
    Electoral Act and the Referendum Act. The amendments will also seek to allow for
    technological developments over time;
· increase the sum to be deposited by or on behalf of a person nominated as a Senator from
    $1000 to $2000;
· increase the sum to be deposited by or on behalf of a person nominated as a Member of
    the House of Representatives from $500 to $1000;
· increase the number of nominators required by a candidate for the Senate or the House of
    Representatives who has not been nominated by a registered political party from 50 to
    100 electors;
· require unendorsed candidates for the Senate who have made a request to be grouped to
    each be nominated by 100 unique electors; and
· make a number of minor and technical amendments.

Following the introduction of the Bill on 27 June 2012 it was referred to the Joint Standing
Committee on Electoral Matters (JSCEM). JSCEM considered the Bill and reported on 16
August 2012. Mr Melham spoke to the JSCEM Report on 16 August 2012 noting that the
recommendations made in the JSCEM Report were unanimous.

The JSCEM Report does not support amending the Electoral Act to omit the use of the term
"unsound mind". The basis for the JSCEM recommendations concern was two-fold. Firstly,
while acknowledging that the term "unsound mind" is out-dated, it is of longstanding use in
legislation and has an established meaning which provides some certainty. Secondly, one of
the amendments increased the range of health professionals who could make an assessment
that a person is incapable of understanding the nature and significance of enrolment and
voting. JSCEM considered that could result in some persons using the change to circumvent
the compulsory voting obligations contained in section 245 of the Electoral Act.

In reviewing this matter, the Government is persuaded by the reasoning contained in the
JSCEM Report that this measure should have further consideration and not proceed at this
time. These amendments are found at Items 3, 4 and 10 and 11 of Schedule 3 to the Bill and
will be omitted. The Government amendments to this Bill which remove these proposed
amendments result in the law remaining as it has been since 1902.


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FINANCIAL IMPACT STATEMENT

The costs associated with implementation of the measures contained in this Bill will be
absorbed by the Australian Electoral Commission from existing resourcing.


The Hon Gary Gray AO MP, Special Minister of State




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