11th Sep 2017, 11:13 AM – Senate Electoral and Other Legislation Amendment Bill 2017 - in Committee - Enrol/update electoral role on election day

The majority voted against amendments introduced by Victorian Senator Richard Di Natale (Greens), which means they failed.

What did these amendments do?

Senator Di Natale explained that:

This amendment provides a mechanism whereby Australians who are eligible to vote but who might not be on the electoral role—or, alternatively, are on the role but not at the correct address—can enrol to vote or update their address at a polling centre on election day, or, if they go earlier, at an early voting centre. It's a very straightforward amendment. It basically says: if you're not enrolled or if you're enrolled at the incorrect address, you can update your enrolment details when you go to vote at a polling booth. Effectively it means that those people who, for whatever reason, don't have the correct details on the electoral role are able to update them on the day of the election.

Amendment text

(1) Clause 2, page 2 (at the end of the table), add:

[See Hansard for this addition.]

(2) Page 45 (after line 5), at the end of the Bill, add:

Schedule 3—Polling Day Enrolment

Commonwealth Electoral Act 1918

1 At the end of section 98

Add:

(6) A provisional vote cast under section 235 by a person who is entitled to enrolment, but is not currently enrolled, shall qualify as a claim to enrolment under this section.

2 At the end of subsection 102(5)

Add:

(5A) If a claim under section 101 is made on the polling day for an election; then, despite subsection (4):

(a) the claim must be regarded as having been received before the start of the suspension period; and

(b) if the claimant's name is entered on the Roll in accordance with the claim, the enrolment must, in relation to any vote recorded by the claimant in an election, be regarded as having been effected before the start of the suspension period.

3 At the end of subsection 235(1)

Add:

; or (f) the person makes a claim for enrolment on the polling day of an election.

4 After subsection 235(3)

Insert:

(3A) A person mentioned in paragraph (1)(f) must present to the polling official:

(a) a claim for enrolment in accordance with section 101; and

(b) any of the following evidence as to the person's identity:

(i) if the person holds a driver's licence issued under the law of a State or Territory, or a law in force in Norfolk Island—that driver's licence;

(ii) if the person holds an Australian passport—that Australian passport;

(iii) an attestation as to the person's identity that is in the approved form and signed by another person who is enrolled;

(iv) any other evidence of the person's identity that is of a kind prescribed by the regulations for the purpose of this paragraph.

Referendum (Machinery Provisions) Act 1984

5 At the end of subsection 37(1)

Add:

; or (f) the person makes a claim for enrolment on the polling day for an election.

6 After subsection 37(3)

Insert:

(3A) A person mentioned in paragraph (1)(f) must present to the polling official:

(a) a claim for enrolment in accordance with section 101 of the Commonwealth Electoral Act 1918; and

(b) any of the following evidence as to the person's identity:

(i) if the person holds a driver's licence issued under the law of a State or Territory, or a law in force in Norfolk Island—that driver's licence;

(ii) if the person holds an Australian passport—that Australian passport;

(iii) an attestation as to the person's identity that is in the approved form and signed by another person who is enrolled;

(iv) any other evidence of the person's identity that is of a kind prescribed by the regulations for the purpose of this paragraph.