Commonwealth of Australia Explanatory Memoranda

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ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND OTHER MEASURES) BILL 2010

                               2008-2009-2010



               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



                                   SENATE





  ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND OTHER MEASURES)
                                  BILL 2010





                    SUPPLEMENTARY EXPLANATORY MEMORANDUM

             Amendments to be moved on behalf of the Government















 (Circulated by the authority of the Special Minister of State, Senator the
                             Hon Joseph Ludwig)




AMENDMENTS TO ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND
OTHER MEASURES) BILL 2010

OUTLINE

The Electoral and Referendum Amendment (How-to-Vote Cards and Other
Measures) Bill 2010 (the Bill) amends the Commonwealth Electoral Act 1918
(Electoral Act) and the Referendum (Machinery Provisions) Act 1984
(Referendum Act).

As well as inserting a definition of a 'how-to-vote card' into the
Electoral Act, the Bill also provides for specific and expanded
authorisation requirements for how-to-vote cards.  A contravention of
these requirements is an offence.

The Government amendments to the Bill refine the definition of a 'how-to-
vote' card to more clearly distinguish between publications that are how-
to-vote cards and publications that are not how-to-vote cards.

FINANCIAL IMPACT STATEMENT

There are no costs associated with the proposed amendments.

NOTES ON AMENDMENTS

Amendment (1) - Schedule 1, item 1, page 3 (lines 15 to 21)

   1. The amendment substitutes a revised paragraph (b) and paragraph (c)
      in the definition of 'how-to-vote card' inserted into the Electoral
      Act by Item 1 of Schedule 1 to the Bill.

   2. Where the definition in the Bill refers to 'any or all of the
      candidates in an election', the revised paragraph (b) limits a how-
      to-vote card to material that refers to two or more candidates or
      political parties.  By restricting the definition of a how-to-vote
      card to a list of preferences for two or more candidates or
      political parties, material simply saying 'Vote 1 John Citizen'
      which is not in the form of a ballot paper and does not indicate any
      further preferences for other candidates in the election, is not
      defined as a how-to-vote card.

   3. The revised paragraph (b) expands the definition of a how-to-vote
      card to include an indication of an order of preferences for two or
      more political parties.  For example, the definition of a how-to-
      vote card will now include a publication that indicates 'Vote 1
      Party X and Vote 2 Party Y'.

   4. Where the definition in the Bill referred to 'a particular order of
      voting preference', the revised paragraph (c) narrows the definition
      to capture only material that encourages voters to cast a second or
      further preference vote in a particular manner.  The amendment
      excludes encouragement for a last preference vote only.  For
      example, a pamphlet that stated, 'Thinking of voting 'Green' Vote 2
      for Party X' would be a how-to-vote card, while a pamphlet that
      stated, 'Vote Party Y last' would not.  However, a pamphlet that
      states 'Vote 1 for Party X and put Party Y last' is captured by the
      revised definition as it indicates both a first preference and a
      last preference.  Without the proposed amendments, the definition
      would apply to material that is not traditionally thought of as a
      how-to-vote card.  For example, it would have applied to a
      newsletter, not in the form of a ballot paper, with the title 'Vote
      1 John Citizen'.