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






                                   SENATE





   ELECTORAL AND REFERENDUM AMENDMENT (IMPROVING ELECTORAL PROCEDURE) BILL
                                    2012







                               ADDENDUM TO THE
                           EXPLANATORY MEMORANDUM







         (Circulated by authority of the Special Minister of State,
                       the Honourable Gary Gray AO MP)

This addendum responds to concerns raised by the Scrutiny of Bills
Committee in Alert Digest No. 8 of 2012, dated 15 August 2012, and Eleventh
Report of 2012 dated 19 September 2012.

SCHEDULE 1 - ITEM 2 - Proposed section 28
SCHEDULE 1 - ITEM 91 - Proposed section 138
At the end of paragraphs 5 and 74, insert the following:

The amendments proposed by Items 2 and 91 of Schedule 1 perform essentially
the same work with respect to the delegation power of the Electoral
Commissioner under the Electoral Act and the Referendum Act.

The amendments resulted from Recommendation 12 of the Report of the
Joint Standing Committee on Electoral Matters (JSCEM) into the conduct of
the 2010 federal election.  JSCEM supported legislative recognition of the
current streamlined automated arrangements that the Australian Electoral
Commission uses to manage postal votes.  In accordance with Recommendation
12, the amendments to the delegation power, coupled with the amendments to
the postal voting arrangements set out in Part XV of the Electoral Act,
were made to ensure that the Electoral Commissioner could better manage the
way in which practical functions and processes for postal voting are
conducted.

The amendments seek to recognise the greater level of technology that is
being applied now to the whole process of postal vote applications, and to
facilitate better handling of an increasing number of postal vote
applications.  The amendments are intended to allow the necessary
delegation of practical electoral functions to officers, while reserving
certain critical functions to the Electoral Commissioner.

The proposed amendments to section 28 of the Electoral Act and section 138
of the Referendum Act do not remove the Electoral Commissioner's
responsibility for the central functions contained in Parts III and IV of
the Electoral Act.  These Parts refer to establishing representation for
the House of Representatives and redistribution of electoral boundaries.