{"id":"C2006A00065","name":"Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006","slug":"electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"65 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":53193,"registerId":"commonwealth-C2006A00065-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

22 June 2006

2. Schedule 1, items 1 to 16

The day on which this Act receives the Royal Assent.

22 June 2006

3. Schedule 1, items 17 to 19

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 8 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

21 November 2006

(see F2006L03740)

4. Schedule 1, item 20

The day on which this Act receives the Royal Assent.

22 June 2006

5. Schedule 1, items 21 to 23

At the same time as the provision(s) covered by table item 3.

21 November 2006

6. Schedule 1, item 24

The day on which this Act receives the Royal Assent.

22 June 2006

7. Schedule 1, items 25 to 27

At the same time as the provision(s) covered by table item 3.

21 November 2006

8. Schedule 1, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

9. Schedule 1, items 29 to 35

At the same time as the provision(s) covered by table item 3.

21 November 2006

10. Schedule 1, item 36

The day on which this Act receives the Royal Assent.

22 June 2006

11. Schedule 1, items 37 and 38

The later of:

(a) immediately after the commencement of item 36 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

12. Schedule 1, items 39 to 91

The day on which this Act receives the Royal Assent.

22 June 2006

13. Schedule 1, item 92

The later of:

(a) immediately after the commencement of item 91 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

14. Schedule 1, items 93 to 114

The day on which this Act receives the Royal Assent.

22 June 2006

15. Schedule 1, items 115 and 116

The later of:

(a) immediately after the commencement of item 114 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

16. Schedule 1, items 117 to 132

The day on which this Act receives the Royal Assent.

22 June 2006

17. Schedule 1, item 133

The later of:

(a) immediately after the commencement of item 132 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

18. Schedule 1, item 134 to 139

The day on which this Act receives the Royal Assent.

22 June 2006

19. Schedule 2, items 1 to 27

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

20. Schedule 2, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

21. Schedule 2, item 29

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

22. Schedules 3 and 4

The day on which this Act receives the Royal Assent.

22 June 2006

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Main amendments\n\nCommonwealth Electoral Act 1918\n\n1 Subsection 4(1)\n\nInsert:\n\n> Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.\n\n2 Subsection 4(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1B).\n\n3 Subsection 4(1)\n\nInsert:\n\n> sentence of imprisonment has the meaning given subsection (1A).\n\n4 After subsection 4(1)\n\nInsert:\n\n (1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:\n (a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and\n (b) that detention is attributable to the sentence of imprisonment concerned.\n (1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.\n\n5 Subsection 17(2A)\n\nOmit “305(1), 305A(1) or 309(4)”, substitute “305A(1) or (1A)”.\n\n6 Section 38\n\nRepeal the section, substitute:","sortOrder":2},{"sectionNumber":"38","sectionType":"section","heading":"Offices of Divisional Returning Officers","content":"#### 38 Offices of Divisional Returning Officers\n\n (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.\n (2) However, subsection (1) does not apply if:\n (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and\n (b) either:\n (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or\n (ii) the office is currently being relocated within the Division.\n (3) A written authority given under subsection (1) is not a legislative instrument.\n\n7 Application of item 6\n\nThe amendment made by item 6 applies to offices located after the commencement of this item.\n\n8 Subsection 90B(4) (at the end of the table)\n\nAdd:\n\n| 5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and(b) on payment of the fee (if any) payable under subsection (9). |\n| --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n9 Paragraph 90B(9)(b)\n\nOmit “3 or 4”, substitute “3, 4 or 5”.\n\n10 After subsection 91A(2B)\n\nInsert:\n\n (2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.\n\n11 At the end of subsection 91B(3)\n\nAdd “(other than information provided under item 5 of the table in subsection 90B(4) that is used for a permitted purpose)”.\n\n12 Subsection 92(1)\n\nOmit “all police, statistical, and electoral officers in the service of any State or Territory,”, substitute “a State or a Territory,”.\n\n13 Subsection 93(2)\n\nOmit “(4) and (5)”, substitute “(4), (5) and (8AA)”.\n\n14 Paragraph 93(8)(b)\n\nRepeal the paragraph.\n\n15 Subsection 93(8AA)\n\nRepeal the subsection, substitute:\n\n (8AA) A person who is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory is not entitled to vote at any Senate election or House of Representatives election.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n16 Application of items 14 and 15\n\nThe amendments made by items 14 and 15 apply to sentences beginning before, on or after the commencement of this item.\n\n17 Paragraph 94A(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n18 At the end of subsection 94A(2)\n\nAdd:\n\n ; and (e) must be supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n19 After subsection 94A(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n20 Paragraph 94A(4)(a)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n21 Paragraph 95(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n22 At the end of subsection 95(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n23 After subsection 95(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n24 Subsection 95(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n25 At the end of paragraph 96(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n26 At the end of subsection 96(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the applicant’s identity that is required by the regulations (but see subsection (2AB)).\n\n27 After subsection 96(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n28 Subsection 96(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n29 Before section 98\n\nInsert:","sortOrder":3},{"sectionNumber":"98AA","sectionType":"section","heading":"Regulations","content":"#### 98AA Regulations\n\n (1) If regulations are made to implement a requirement of this Part or Part VII, in relation to identification for enrolment, the regulations must require the applicant for enrolment to:\n (a) provide documentary evidence of his or her name by providing his or her driver’s licence number; or\n (b) if the applicant does not possess a driver’s licence—show to an elector in a prescribed class of electors a prescribed kind of document that identifies the applicant; or\n (c) otherwise—have the application countersigned by two electors who:\n (i) can confirm the applicant’s name; and\n (ii) have known the applicant for at least one month.\n (2) The regulations may impose additional requirements in relation to identification for enrolment.\n\n30 At the end of paragraph 98(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n31 At the end of subsection 98(2)\n\nAdd:\n\n ; and (d) be supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (2AB)).\n\n32 After subsection 98(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n33 Paragraph 99A(4)(c)\n\nAfter “handwriting”, insert “(but see subsection (4A))”.\n\n34 At the end of subsection 99A(4)\n\nAdd:\n\n ; and (e) supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (4B)).\n\n35 After subsection 99A(4)\n\nInsert:\n\n (4A) The requirement in paragraph (4)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (4B) To avoid doubt, the requirement in paragraph (4)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n36 After section 99A\n\nInsert:","sortOrder":4},{"sectionNumber":"99B","sectionType":"section","heading":"Provisional enrolment by applicant for citizenship","content":"#### 99B Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or\n (ii) a writ for an election for the Subdivision has been issued; and\n (b) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the date of the writ; and\n (ii) the polling day for the election; and\n (c) the person is not enrolled; and\n (d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the election; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the polling day for the election, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and\n (c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n37 Paragraph 99B(1)(b)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n38 Subsection 99B(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n39 Subsection 102(1)\n\nOmit “subsection (4)”, substitute “subsections (4) and (4AA)”.\n\n40 Subsection 102(2A)\n\nOmit “the day on which the Rolls for the election close”, substitute “the date of the writ or writs for the election”.\n\n41 Subsection 102(4)\n\nRepeal the subsection, substitute:\n\n (4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period:\n (a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period:\n (a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AB) A claim that is taken, by subsection 100(2), to be made under section 101:\n (a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (ii) ending at the end of the polling day for the election; and\n (b) otherwise—is to be treated in accordance with subsection (4).\n\n42 Paragraph 102(4A)(a)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n43 Subparagraph 102(4A)(b)(ii)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n44 Subsection 102(4B)\n\nOmit “subsection (4)” (first occurring), substitute “subsections (4) and (4AA)”.\n\n45 Paragraphs 102(4B)(a) and (b)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n46 Paragraphs 105(1)(b) and (ba)\n\nRepeal the paragraphs.\n\n47 Subsection 105(1A)\n\nOmit “(1)(ba) or (h)”, substitute “(1)(h)”.\n\n48 Subsection 105(3A)\n\nRepeal the subsection.\n\n49 Subsection 105(4)\n\nRepeal the subsection, substitute:\n\n (4) If a vote is:\n (a) admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or\n (b) admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act;\n the Divisional Returning Officer for the relevant Division must enter the elector’s name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared.\n\n50 Section 109\n\nRepeal the section, substitute:","sortOrder":5},{"sectionNumber":"109","sectionType":"section","heading":"Lists of convictions to be forwarded","content":"#### 109 Lists of convictions to be forwarded\n\n (1) The Controller‑General of Prisons must, as soon as practicable after the beginning of each month, forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n during the preceding month.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n (2) Within 4 days of the date of the writ for an election for a Division in a State, the Controller‑General of Prisons must forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n between the time the last list was forwarded by the Controller‑General under subsection (1) and the date of the writ.\n\n51 Subsection 118(5)\n\nOmit “the close of the Rolls”, substitute “8 pm on the date of the writ”.\n\n52 Section 155\n\nRepeal the section, substitute:","sortOrder":6},{"sectionNumber":"155","sectionType":"section","heading":"Date for close of Rolls","content":"#### 155 Date for close of Rolls\n\n (1) The date fixed for the close of the Rolls is the third working day after the date of the writ.\n\n> Note: However, generally names are not added to or removed from the Rolls after the date of the writ.\n\n (2) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n53 Paragraph 170(3)(a)\n\nOmit “$700”, substitute “$1,000”.\n\n54 Paragraph 170(3)(b)\n\nOmit “$350”, substitute “$500”.\n\n55 Section 182\n\nBefore “In this”, insert “(1)”.\n\n56 At the end of section 182\n\nAdd:\n\n (2) In this Part (other than in sections 184A to 186) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 183(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n57 Section 183\n\nBefore “An elector”, insert “(1)”.\n\n58 At the end of section 183\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n59 Section 200A\n\nBefore “An elector”, insert “(1)”.\n\n60 At the end of section 200A\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n61 At the end of subsection 208(2)\n\nAdd:\n\n ; and (c) is not covered by subsection 93(8AA) (sentences of imprisonment).\n\n62 Subsection 221(3)\n\nAfter “polling in the election”, insert “, or a person who is covered by subsection 93(8AA) (sentences of imprisonment)”.\n\n63 After subsection 222(1)\n\nInsert:\n\n (1A) On polling day a person who is provisionally enrolled is entitled to vote as an absent voter, on making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n64 Subsection 222(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n65 Subsection 222(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n66 Subsection 226A(1) (note)\n\nAfter “93(8)”, insert “, (8AA)”.\n\n67 Subsection 232(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n68 Subsection 233(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n69 Paragraphs 234(4)(a) and 234A(8)(a)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n70 At the end of subsection 235(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n71 After subsection 235(1)\n\nInsert:\n\n (1A) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who casts a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) applies) may cast a provisional vote on the polling day for an election if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the polling day.\n\n> Note: The regulations are made under subsection (9).\n\n72 At the end of section 235\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n73 At the end of paragraph 268(1)(e)\n\nAdd “or (1A)”.\n\n74 Subsection 287(1) (definition of associated entity)\n\nRepeal the definition, substitute:\n\n> associated entity means:\n\n (a) an entity that is controlled by one or more registered political parties; or\n (b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or\n (c) an entity that is a financial member of a registered political party; or\n (d) an entity on whose behalf another person is a financial member of a registered political party; or\n (e) an entity that has voting rights in a registered political party; or\n (f) an entity on whose behalf another person has voting rights in a registered political party.\n\n75 Subsection 287(1) (definition of broadcaster)\n\nRepeal the definition.\n\n76 Subsection 287(1) (paragraph (f) of the definition of disclosure period)\n\nOmit “305(1) or 305A(1)”, substitute “305A(1) or (1A)”.\n\n77 Subsection 287(1)\n\nInsert:\n\n> financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.\n\n78 Section 305\n\nRepeal the section.\n\n79 Subsections 305A(1), (2) and (3)\n\nRepeal the subsections, substitute:\n\n (1) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (1A) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any person or body (whether incorporated or not) specified, by legislative instrument, by the Electoral Commission; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return setting out the required details of:\n (a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and\n (b) all gifts of more than $10,000, received by the person at any time, that the person used during the period (either wholly or partly):\n (i) to enable the person to make the gifts mentioned in paragraph (a); or\n (ii) to reimburse the person for making such gifts.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2A) For the purposes of subsection (2), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.\n (3) The return must:\n (a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election; and\n (b) be in the approved form.\n\nNote: The headings to sections 305A and 305B are altered by omitting “Donations” and substituting “Gifts”.\n\n80 Paragraph 308(1)(e)\n\nAfter “section 328”, insert “, 328A”.\n\n81 Subsections 309(4) and (5)\n\nRepeal the subsections.\n\n82 Sections 310 and 311\n\nRepeal the sections.\n\n83 Division 5A of Part XX (heading)\n\nRepeal the heading, substitute:","sortOrder":7},{"sectionNumber":"Division 5A","sectionType":"division","heading":"Annual returns by registered political parties and other persons","content":"### Division 5A—Annual returns by registered political parties and other persons\n\n84 After section 314AEA\n\nInsert:","sortOrder":8},{"sectionNumber":"314AEB","sectionType":"section","heading":"Annual returns relating to political expenditure","content":"#### 314AEB Annual returns relating to political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person incurred expenditure for any of the following purposes during the year, by or with his or her own authority:\n (i) the public expression of views on a political party, a candidate in an election or a member of the House of Representatives or the Senate by any means;\n (ii) the public expression of views on an issue in an election by any means;\n (iii) the printing, production, publication or distribution of any material (not being material referred to in subparagraph (i) or (ii)) that is required under section 328 or 328A to include a name, address or place of business;\n (iv) the broadcast of political matter in relation to which particulars are required to be announced under subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992;\n (v) the carrying out of an opinion poll, or other research, relating to an election or the voting intentions of electors; and\n (b) the amount of the expenditure incurred was more than $10,000; and\n (c) at the time the person gave the authority the person was not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) the Commonwealth (including a Department of the Commonwealth, an Executive Agency or a Statutory Agency (within the meaning of the Public Service Act 1999)); or\n (iiia) a member of the House of Representatives or the Senate; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out details of the expenditure incurred.\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.","sortOrder":9},{"sectionNumber":"314AEC","sectionType":"section","heading":"Annual returns relating to gifts received for political expenditure","content":"#### 314AEC Annual returns relating to gifts received for political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person is required to provide a return for the year under section 314AEB; and\n (b) the person received a gift or gifts, at any time, that the person used during the year (either wholly or partly):\n (i) to enable the person to incur expenditure for a purpose mentioned in paragraph 314AEB(1)(a); or\n (ii) to reimburse the person for incurring expenditure for such a purpose; and\n (c) the amount of at least one such gift was more than $10,000.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out the following details in respect of each gift of more than $10,000 that is mentioned in paragraph (1)(b):\n (a) the amount of the gift;\n (b) the date on which the gift was made;\n (c) in the case of a gift made on behalf of the members of an unincorporated association (other than a registered industrial organisation):\n (i) the name of the association; and\n (ii) the names and addresses of the members of the executive committee (however described) of the association;\n (d) in the case of a gift purportedly made out of a trust fund, or out of the funds of a foundation:\n (i) the names and addresses of the trustees of the fund, or of the funds of the foundation; and\n (ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;\n (e) in any other case—the name and address of the person who made the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n (4) For the purposes of subsection (2), 2 or more gifts made, during the financial year, by the same person to another person are taken to be one gift.\n\n85 Application of item 84\n\nThe amendment made by item 84 applies to the 2006‑07 financial year and later financial years.\n\n86 Section 318A\n\nRepeal the section.\n\n87 After section 328\n\nInsert:","sortOrder":10},{"sectionNumber":"328A","sectionType":"section","heading":"Publication of electoral advertisements on the Internet","content":"#### 328A Publication of electoral advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an electoral advertisement on the Internet; or\n (ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and\n (b) the electoral advertisement is intended to affect voting in an election; and\n (c) the electoral advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n88 Subsection 351(5)\n\nAfter “section 328”, insert “or 328A”.\n\n89 After paragraph 385A(1)(a)\n\nInsert:\n\n (aa) an electoral advertisement published on the Internet that includes a statement that it was authorised by a specified person is admissible as evidence of that fact; and\n\n90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3\n\nAdd “and”.\n\n91 After subparagraph 6(c) of Schedule 3\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) applies) did not provide evidence of his or her identity in accordance with section 235 at the time of casting the vote, the elector has provided that evidence by the first Friday following the polling day for that election; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n92 Subparagraph 6(cb) of Schedule 3\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007; and”.\n\n93 Subparagraph 10(b) of Schedule 3\n\nOmit “or 13A”.\n\n94 Subparagraph 10(ba) of Schedule 3\n\nRepeal the paragraph.\n\n95 Subparagraph 11(b) of Schedule 3\n\nOmit “or 13A”.\n\n96 At the end of paragraph 12 of Schedule 3\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A).\n\n97 Paragraphs 13A to 13D of Schedule 3\n\nRepeal the paragraphs.\n\n98 Paragraph 14 of Schedule 3\n\nOmit “paragraphs 13, 13B and 13D”, substitute “paragraph 13”.\n\n99 Paragraph 19 of Schedule 3\n\nOmit “10(ba) or (c)”, substitute “10(c)”.\n\nElectoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004\n\n100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30)\n\nRepeal the items.\n\n101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1\n\nRepeal the items.\n\nReferendum (Machinery Provisions) Act 1984\n\n102 Subsection 3(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1A).\n\n103 After subsection 3(1)\n\nInsert:\n\n (1A) A person is provisionally enrolled if:\n (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or\n (b) the person is provisionally enrolled under section 38 of this Act.\n\n104 Paragraph 4(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) claims for enrolment under section 101 of the Commonwealth Electoral Act 1918 (other than claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act) that are received during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n (aa) claims for transfer of enrolment under section 101 of the Commonwealth Electoral Act 1918, and claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act, that are received during the period:\n (i) beginning at 8 pm on the day for which the Rolls for a referendum close; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n\n105 Paragraph 4(2)(b)\n\nOmit “the close of the Rolls”, substitute “the day of the issue of the writ”.\n\n106 At the end of section 4\n\nAdd:\n\n (3) A claim that is taken, by subsection 100(2) of the Commonwealth Electoral Act 1918, to be made under section 101 of that Act:\n (a) is to be treated in accordance with paragraph (2)(aa) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending at the end of the voting day for the referendum; and\n (b) otherwise—is to be treated in accordance with paragraph (2)(a).\n\n107 Subsection 9(1)\n\nOmit “7 days”, substitute “3 working days”.\n\n108 At the end of section 9\n\nAdd:\n\n (3) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n109 Subsection 34(2)\n\nAfter “subsection 46(1)”, insert “or (1A)”.\n\n110 Paragraphs 36(4)(a) and 36A(8)(a)\n\nAfter “46(1)”, insert “or (1A)”.\n\n111 At the end of subsection 37(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n112 After subsection 37(1)\n\nInsert:\n\n (1A) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) may cast a provisional vote on the voting day for a referendum if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the voting day.\n\n> Note: The regulations are made under subsection (9).\n\n113 At the end of section 37\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n114 After section 37\n\nInsert:","sortOrder":11},{"sectionNumber":"121A","sectionType":"section","heading":"Publication of advertisements on the Internet","content":"#### 121A Publication of advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an advertisement relating to a referendum on the Internet; or\n (ii) the person causes, permits or authorises an advertisement relating to a referendum to be published on the Internet; and\n (b) the advertisement is intended to affect voting in the referendum; and\n (c) the advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement does not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n130 Section 136\n\nRepeal the section.\n\n131 At the end of subparagraphs 6(a), (b) and (c) of Schedule 4\n\nAdd “and”.\n\n132 After subparagraph 6(c) of Schedule 4\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) did not provide evidence of his or her identity in accordance with section 37 at the time of casting the vote, the elector has provided that evidence by the first Friday following the voting day for that referendum; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n133 Subparagraph 6(cb) of Schedule 4\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007”.\n\n134 Subparagraph 10(b) of Schedule 4\n\nOmit “or 12A”.\n\n135 Subparagraph 10(ba) of Schedule 4\n\nRepeal the paragraph.\n\n136 At the end of paragraph 11 of Schedule 4\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918.\n\n137 Paragraphs 12A to 12D of Schedule 4\n\nRepeal the paragraphs.\n\n138 Paragraph 13 of Schedule 4\n\nOmit “paragraphs 12, 12B and 12D”, substitute “paragraph 12”.\n\n139 Paragraph 17 of Schedule 4\n\nOmit “10(a), (b) or (ba)”, substitute “10(a) or (b)”.\n\n \n\nSchedule 2—Amendments to thresholds\n\nCommonwealth Electoral Act 1918\n\n1 Subparagraph 304(5)(b)(ii)\n\nOmit “less than $200”, substitute “$10,000 or less”.\n\n2 Paragraph 304(5)(c)\n\nOmit “less than $1,000”, substitute “$10,000 or less”.\n\n3 At the end of subsection 304(5)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n4 Paragraph 304(6)(b)\n\nOmit “is equal to or exceeds $200”, substitute “exceeds $10,000”.\n\n5 Paragraph 304(6)(c)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n6 At the end of subsection 304(6)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n7 Subsection 305B(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n8 At the end of subsection 305B(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n9 Subsection 305B(3A)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n10 Subsection 305B(3A)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n11 At the end of subsection 305B(3A)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n12 Subsections 306(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) It is unlawful for:\n (a) a political party; or\n (b) a State branch of a political party; or\n (c) a person acting on behalf of a political party or a State branch of a political party;\n to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) It is unlawful for:\n (a) a candidate; or\n (b) a member of a group; or\n (c) a person acting on behalf of a candidate or group;\n to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n13 Subsection 306A(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n14 At the end of subsection 306A(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n15 Subsection 306A(2)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n16 At the end of subsection 306A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n17 Paragraph 306B(a)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n18 At the end of section 306B\n\nAdd:\n\n> Note 3: The dollar amount mentioned in this section is indexed under section 321A.\n\n19 Subsection 311A(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n20 At the end of subsection 311A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n21 Subsection 314AC(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n22 At the end of subsection 314AC(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n23 Subsection 314AC(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n24 At the end of subsection 314AC(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n25 Subsection 314AE(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n26 At the end of subsection 314AE(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n27 At the end of Part XX\n\nAdd:","sortOrder":13},{"sectionNumber":"321A","sectionType":"section","heading":"Indexation of amounts","content":"#### 321A Indexation of amounts\n\n (1) This section applies to the dollar amounts mentioned in the following provisions:\n (a) subparagraph 304(5)(b)(ii);\n (b) paragraph 304(5)(c);\n (c) paragraphs 304(6)(b) and (c);\n (d) section 305A;\n (e) subsections 305B(1) and (3A);\n (f) subsections 306(1) and (2);\n (g) subsections 306A(1) and (2);\n (h) paragraph 306B(a);\n (i) subsection 311A(2);\n (j) subsections 314AC(1) and (2);\n (k) subsection 314AE(1).\n (2) The dollar amount mentioned in the provision, for an indexation year whose indexation factor is greater than 1, is replaced by the amount worked out using the following formula (rounded to the nearest $100):\n\n![](image.002.png)\n\n (3) The dollar amount mentioned in the provision for an indexation year is not replaced in respect of a disclosure period in relation to an election if the indexation year begins between the issue of the writ for the election and the polling day for the election.\n (4) The indexation factor for an indexation year is the number worked out using the following formula:\n\n![](image.003.png)\n\n (5) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the fourth decimal place is more than 4.\n (6) Calculations under subsection (4):\n (a) are to be made using only the March index numbers published in terms of the most recently published reference base for the Consumer Price Index; and\n (b) are to be made disregarding March index numbers that are published in substitution for previously published March index numbers (except where the substituted numbers are published to take account of changes in the reference base).\n (7) In this section:\n\n> indexation year means the financial year commencing on 1 July 2006, and each subsequent financial year.\n\n> March index number means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of the 3 months ending on 31 March.\n\n28 At the end of subsection 321A(1)\n\nAdd:\n\n ; (m) paragraph 314AEB(1)(b);\n (n) paragraph 314AEC(1)(c);\n (o) subsection 314AEC(2).\n\n29 Application of this Schedule\n\n(1) The amendments made by this Schedule (other than item 28) apply to:\n\n (a) that part of the 2005‑06 financial year that commences on the day on which the Bill for this Act is introduced into the Parliament; and\n (b) later financial years.\n\n(2) The amendment made by item 28 applies to the 2006‑07 financial year and later financial years.\n\n \n\nSchedule 3—Deregistration of certain political parties\n\n1 Definitions\n\nIn this Schedule:\n\nElectoral Commission has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nParliamentary party has the meaning given by subsection 123(1) of the Commonwealth Electoral Act 1918.\n\npolitical party has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nrelated party has the meaning given by subsection 123(2) of the Commonwealth Electoral Act 1918.\n\nregistered officer has the meaning given by section 4C of the Commonwealth Electoral Act 1918.\n\nRegister of Political Parties means the Register established under section 125 of the Commonwealth Electoral Act 1918.\n\n2 Deregistration of certain political parties\n\n(1) A political party that is registered under Part XI of the Commonwealth Electoral Act 1918 at the time this item commences is deregistered by force of this item, 6 months after that time, unless the party is covered by subitem 3(1), (2) or (3).\n\n(2) The Electoral Commission must notify a political party in writing if the party is deregistered by force of this item.\n\n3 Political parties that are not deregistered\n\n(1) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament, but before this item commences:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission has determined that the party is an eligible political party for the purposes of section 138A of the Commonwealth Electoral Act 1918.\n\n(2) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission notifies the party of the requirement to provide information for the purposes of section 138A of the Commonwealth Electoral Act 1918, which the party provides within 3 months of the date of the notification; and\n (c) within 6 months of this item commencing, the Electoral Commission has determined that the party is an eligible political party for the purposes of that section.\n\n(3) A political party is not deregistered by force of item 2 if:\n\n (a) within 3 months of this item commencing, the party claims, in accordance with subitem (4), that the party should not be deregistered; and\n (b) within 6 months of this item commencing, the Electoral Commission is satisfied that either:\n (i) a member of the party was a candidate for the party at an election and was elected at that time as a member of the Commonwealth Parliament; or\n (ii) a member of a related party was a candidate for the related party at an election and was elected at that time as a member of the Commonwealth Parliament.\n\n(4) A claim under this item must:\n\n (a) be made by the person who is the registered officer of the political party; and\n (b) name the member of the party, or the member of a related party, on whom the party relies for the claim; and\n (c) state the period during which the member was a member of the Commonwealth Parliament; and\n (d) be accompanied by documentary evidence that is necessary and sufficient to establish, or a declaration signed by the member:\n (i) that the member was a candidate for the party, or a related party, at an election; and\n (ii) that the member was elected at that time as a member of the Commonwealth Parliament; and\n (iii) if the party relies for the claim on a member of a related party—that the related party was, at that time, related to the party by whom the claim is made; and\n (e) if subparagraph (d)(iii) applies—be signed by the party secretaries of the party and the related party.\n\n(5) A person who was elected as a member of the Commonwealth Parliament must not be relied on by more than one political party for its claim, unless:\n\n (a) at a time when the person was a member of a political party, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament; and\n (b) at another time when the person was a member of another political party, the person was a candidate for the other party at another election, and was elected at that time as a member of the Commonwealth Parliament.\n\n(6) If more than one political party relies on the same person for its claim in contravention of subitem (5), then:\n\n (a) if at a time when the person was a member of one of the political parties, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament—that party may rely on the person; and\n (b) otherwise—the party:\n (i) that the Electoral Commission is satisfied is covered by subitem (2) or (3); and\n (ii) that makes the earliest claim;\n may rely on the person.\n\n(7) Before determining a claim made under this item, the Electoral Commission may make any inquiries that it considers appropriate to ascertain facts in relation to the claim.\n\n(8) A determination or decision by the Electoral Commission in respect of a claim made under this item is taken to be a reviewable decision for the purposes of section 141 of the Commonwealth Electoral Act 1918.\n\n4 Waiver of fee for re‑registration\n\nIf, within 12 months of the day on which item 2 commences, a political party that is deregistered by force of that item makes an application to be registered under section 126 of the Commonwealth Electoral Act 1918, the application need not be accompanied by a fee of $500 as required by paragraph 126(2)(g) of that Act.\n\n5 Freezing the Register of Political Parties\n\nDuring the period of 6 months commencing on the day on which this item commences:\n\n (a) a political party must not be added to, or deleted from, the Register of Political Parties; and\n (b) an entry on the Register must not be changed, other than to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n6 Election called during the year\n\nDespite this Schedule, if the writ for an election is issued during the period of 12 months commencing on the day on which this item commences, then for the purposes of the election, the Register of Political Parties as in force at the time this item commences is taken to be the Register of Political Parties. However, that Register may be changed to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n \n\nSchedule 4—Donations to political parties and independent candidates and members\n\nPart 1—Insertion of new Subdivision 30‑DA in the Income Tax Assessment Act 1997\n\n1 After Subdivision 30‑D\n\nInsert:","sortOrder":14},{"sectionNumber":"Subdivision 30","sectionType":"subdivision","heading":"‑DA—Donations to political parties and independent candidates and members","content":"An Act to amend the law relating to elections and referendums, and for related purposes\n\n\\[Assented to 22 June 2006\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

22 June 2006

2. Schedule 1, items 1 to 16

The day on which this Act receives the Royal Assent.

22 June 2006

3. Schedule 1, items 17 to 19

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 8 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

21 November 2006

(see F2006L03740)

4. Schedule 1, item 20

The day on which this Act receives the Royal Assent.

22 June 2006

5. Schedule 1, items 21 to 23

At the same time as the provision(s) covered by table item 3.

21 November 2006

6. Schedule 1, item 24

The day on which this Act receives the Royal Assent.

22 June 2006

7. Schedule 1, items 25 to 27

At the same time as the provision(s) covered by table item 3.

21 November 2006

8. Schedule 1, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

9. Schedule 1, items 29 to 35

At the same time as the provision(s) covered by table item 3.

21 November 2006

10. Schedule 1, item 36

The day on which this Act receives the Royal Assent.

22 June 2006

11. Schedule 1, items 37 and 38

The later of:

(a) immediately after the commencement of item 36 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

12. Schedule 1, items 39 to 91

The day on which this Act receives the Royal Assent.

22 June 2006

13. Schedule 1, item 92

The later of:

(a) immediately after the commencement of item 91 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

14. Schedule 1, items 93 to 114

The day on which this Act receives the Royal Assent.

22 June 2006

15. Schedule 1, items 115 and 116

The later of:

(a) immediately after the commencement of item 114 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

16. Schedule 1, items 117 to 132

The day on which this Act receives the Royal Assent.

22 June 2006

17. Schedule 1, item 133

The later of:

(a) immediately after the commencement of item 132 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

18. Schedule 1, item 134 to 139

The day on which this Act receives the Royal Assent.

22 June 2006

19. Schedule 2, items 1 to 27

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

20. Schedule 2, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

21. Schedule 2, item 29

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

22. Schedules 3 and 4

The day on which this Act receives the Royal Assent.

22 June 2006

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Main amendments\n\nCommonwealth Electoral Act 1918\n\n1 Subsection 4(1)\n\nInsert:\n\n> Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.\n\n2 Subsection 4(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1B).\n\n3 Subsection 4(1)\n\nInsert:\n\n> sentence of imprisonment has the meaning given subsection (1A).\n\n4 After subsection 4(1)\n\nInsert:\n\n (1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:\n (a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and\n (b) that detention is attributable to the sentence of imprisonment concerned.\n (1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.\n\n5 Subsection 17(2A)\n\nOmit “305(1), 305A(1) or 309(4)”, substitute “305A(1) or (1A)”.\n\n6 Section 38\n\nRepeal the section, substitute:\n\n#### 38 Offices of Divisional Returning Officers\n\n (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.\n (2) However, subsection (1) does not apply if:\n (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and\n (b) either:\n (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or\n (ii) the office is currently being relocated within the Division.\n (3) A written authority given under subsection (1) is not a legislative instrument.\n\n7 Application of item 6\n\nThe amendment made by item 6 applies to offices located after the commencement of this item.\n\n8 Subsection 90B(4) (at the end of the table)\n\nAdd:\n\n| 5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and(b) on payment of the fee (if any) payable under subsection (9). |\n| --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n9 Paragraph 90B(9)(b)\n\nOmit “3 or 4”, substitute “3, 4 or 5”.\n\n10 After subsection 91A(2B)\n\nInsert:\n\n (2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.\n\n11 At the end of subsection 91B(3)\n\nAdd “(other than information provided under item 5 of the table in subsection 90B(4) that is used for a permitted purpose)”.\n\n12 Subsection 92(1)\n\nOmit “all police, statistical, and electoral officers in the service of any State or Territory,”, substitute “a State or a Territory,”.\n\n13 Subsection 93(2)\n\nOmit “(4) and (5)”, substitute “(4), (5) and (8AA)”.\n\n14 Paragraph 93(8)(b)\n\nRepeal the paragraph.\n\n15 Subsection 93(8AA)\n\nRepeal the subsection, substitute:\n\n (8AA) A person who is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory is not entitled to vote at any Senate election or House of Representatives election.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n16 Application of items 14 and 15\n\nThe amendments made by items 14 and 15 apply to sentences beginning before, on or after the commencement of this item.\n\n17 Paragraph 94A(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n18 At the end of subsection 94A(2)\n\nAdd:\n\n ; and (e) must be supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n19 After subsection 94A(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n20 Paragraph 94A(4)(a)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n21 Paragraph 95(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n22 At the end of subsection 95(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n23 After subsection 95(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n24 Subsection 95(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n25 At the end of paragraph 96(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n26 At the end of subsection 96(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the applicant’s identity that is required by the regulations (but see subsection (2AB)).\n\n27 After subsection 96(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n28 Subsection 96(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n29 Before section 98\n\nInsert:\n\n#### 98AA Regulations\n\n (1) If regulations are made to implement a requirement of this Part or Part VII, in relation to identification for enrolment, the regulations must require the applicant for enrolment to:\n (a) provide documentary evidence of his or her name by providing his or her driver’s licence number; or\n (b) if the applicant does not possess a driver’s licence—show to an elector in a prescribed class of electors a prescribed kind of document that identifies the applicant; or\n (c) otherwise—have the application countersigned by two electors who:\n (i) can confirm the applicant’s name; and\n (ii) have known the applicant for at least one month.\n (2) The regulations may impose additional requirements in relation to identification for enrolment.\n\n30 At the end of paragraph 98(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n31 At the end of subsection 98(2)\n\nAdd:\n\n ; and (d) be supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (2AB)).\n\n32 After subsection 98(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n33 Paragraph 99A(4)(c)\n\nAfter “handwriting”, insert “(but see subsection (4A))”.\n\n34 At the end of subsection 99A(4)\n\nAdd:\n\n ; and (e) supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (4B)).\n\n35 After subsection 99A(4)\n\nInsert:\n\n (4A) The requirement in paragraph (4)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (4B) To avoid doubt, the requirement in paragraph (4)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n36 After section 99A\n\nInsert:\n\n#### 99B Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or\n (ii) a writ for an election for the Subdivision has been issued; and\n (b) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the date of the writ; and\n (ii) the polling day for the election; and\n (c) the person is not enrolled; and\n (d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the election; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the polling day for the election, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and\n (c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n37 Paragraph 99B(1)(b)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n38 Subsection 99B(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n39 Subsection 102(1)\n\nOmit “subsection (4)”, substitute “subsections (4) and (4AA)”.\n\n40 Subsection 102(2A)\n\nOmit “the day on which the Rolls for the election close”, substitute “the date of the writ or writs for the election”.\n\n41 Subsection 102(4)\n\nRepeal the subsection, substitute:\n\n (4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period:\n (a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period:\n (a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AB) A claim that is taken, by subsection 100(2), to be made under section 101:\n (a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (ii) ending at the end of the polling day for the election; and\n (b) otherwise—is to be treated in accordance with subsection (4).\n\n42 Paragraph 102(4A)(a)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n43 Subparagraph 102(4A)(b)(ii)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n44 Subsection 102(4B)\n\nOmit “subsection (4)” (first occurring), substitute “subsections (4) and (4AA)”.\n\n45 Paragraphs 102(4B)(a) and (b)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n46 Paragraphs 105(1)(b) and (ba)\n\nRepeal the paragraphs.\n\n47 Subsection 105(1A)\n\nOmit “(1)(ba) or (h)”, substitute “(1)(h)”.\n\n48 Subsection 105(3A)\n\nRepeal the subsection.\n\n49 Subsection 105(4)\n\nRepeal the subsection, substitute:\n\n (4) If a vote is:\n (a) admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or\n (b) admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act;\n the Divisional Returning Officer for the relevant Division must enter the elector’s name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared.\n\n50 Section 109\n\nRepeal the section, substitute:\n\n#### 109 Lists of convictions to be forwarded\n\n (1) The Controller‑General of Prisons must, as soon as practicable after the beginning of each month, forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n during the preceding month.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n (2) Within 4 days of the date of the writ for an election for a Division in a State, the Controller‑General of Prisons must forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n between the time the last list was forwarded by the Controller‑General under subsection (1) and the date of the writ.\n\n51 Subsection 118(5)\n\nOmit “the close of the Rolls”, substitute “8 pm on the date of the writ”.\n\n52 Section 155\n\nRepeal the section, substitute:\n\n#### 155 Date for close of Rolls\n\n (1) The date fixed for the close of the Rolls is the third working day after the date of the writ.\n\n> Note: However, generally names are not added to or removed from the Rolls after the date of the writ.\n\n (2) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n53 Paragraph 170(3)(a)\n\nOmit “$700”, substitute “$1,000”.\n\n54 Paragraph 170(3)(b)\n\nOmit “$350”, substitute “$500”.\n\n55 Section 182\n\nBefore “In this”, insert “(1)”.\n\n56 At the end of section 182\n\nAdd:\n\n (2) In this Part (other than in sections 184A to 186) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 183(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n57 Section 183\n\nBefore “An elector”, insert “(1)”.\n\n58 At the end of section 183\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n59 Section 200A\n\nBefore “An elector”, insert “(1)”.\n\n60 At the end of section 200A\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n61 At the end of subsection 208(2)\n\nAdd:\n\n ; and (c) is not covered by subsection 93(8AA) (sentences of imprisonment).\n\n62 Subsection 221(3)\n\nAfter “polling in the election”, insert “, or a person who is covered by subsection 93(8AA) (sentences of imprisonment)”.\n\n63 After subsection 222(1)\n\nInsert:\n\n (1A) On polling day a person who is provisionally enrolled is entitled to vote as an absent voter, on making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n64 Subsection 222(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n65 Subsection 222(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n66 Subsection 226A(1) (note)\n\nAfter “93(8)”, insert “, (8AA)”.\n\n67 Subsection 232(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n68 Subsection 233(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n69 Paragraphs 234(4)(a) and 234A(8)(a)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n70 At the end of subsection 235(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n71 After subsection 235(1)\n\nInsert:\n\n (1A) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who casts a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) applies) may cast a provisional vote on the polling day for an election if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the polling day.\n\n> Note: The regulations are made under subsection (9).\n\n72 At the end of section 235\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n73 At the end of paragraph 268(1)(e)\n\nAdd “or (1A)”.\n\n74 Subsection 287(1) (definition of associated entity)\n\nRepeal the definition, substitute:\n\n> associated entity means:\n\n (a) an entity that is controlled by one or more registered political parties; or\n (b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or\n (c) an entity that is a financial member of a registered political party; or\n (d) an entity on whose behalf another person is a financial member of a registered political party; or\n (e) an entity that has voting rights in a registered political party; or\n (f) an entity on whose behalf another person has voting rights in a registered political party.\n\n75 Subsection 287(1) (definition of broadcaster)\n\nRepeal the definition.\n\n76 Subsection 287(1) (paragraph (f) of the definition of disclosure period)\n\nOmit “305(1) or 305A(1)”, substitute “305A(1) or (1A)”.\n\n77 Subsection 287(1)\n\nInsert:\n\n> financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.\n\n78 Section 305\n\nRepeal the section.\n\n79 Subsections 305A(1), (2) and (3)\n\nRepeal the subsections, substitute:\n\n (1) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (1A) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any person or body (whether incorporated or not) specified, by legislative instrument, by the Electoral Commission; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return setting out the required details of:\n (a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and\n (b) all gifts of more than $10,000, received by the person at any time, that the person used during the period (either wholly or partly):\n (i) to enable the person to make the gifts mentioned in paragraph (a); or\n (ii) to reimburse the person for making such gifts.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2A) For the purposes of subsection (2), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.\n (3) The return must:\n (a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election; and\n (b) be in the approved form.\n\nNote: The headings to sections 305A and 305B are altered by omitting “Donations” and substituting “Gifts”.\n\n80 Paragraph 308(1)(e)\n\nAfter “section 328”, insert “, 328A”.\n\n81 Subsections 309(4) and (5)\n\nRepeal the subsections.\n\n82 Sections 310 and 311\n\nRepeal the sections.\n\n83 Division 5A of Part XX (heading)\n\nRepeal the heading, substitute:\n\n### Division 5A—Annual returns by registered political parties and other persons\n\n84 After section 314AEA\n\nInsert:\n\n#### 314AEB Annual returns relating to political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person incurred expenditure for any of the following purposes during the year, by or with his or her own authority:\n (i) the public expression of views on a political party, a candidate in an election or a member of the House of Representatives or the Senate by any means;\n (ii) the public expression of views on an issue in an election by any means;\n (iii) the printing, production, publication or distribution of any material (not being material referred to in subparagraph (i) or (ii)) that is required under section 328 or 328A to include a name, address or place of business;\n (iv) the broadcast of political matter in relation to which particulars are required to be announced under subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992;\n (v) the carrying out of an opinion poll, or other research, relating to an election or the voting intentions of electors; and\n (b) the amount of the expenditure incurred was more than $10,000; and\n (c) at the time the person gave the authority the person was not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) the Commonwealth (including a Department of the Commonwealth, an Executive Agency or a Statutory Agency (within the meaning of the Public Service Act 1999)); or\n (iiia) a member of the House of Representatives or the Senate; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out details of the expenditure incurred.\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n\n#### 314AEC Annual returns relating to gifts received for political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person is required to provide a return for the year under section 314AEB; and\n (b) the person received a gift or gifts, at any time, that the person used during the year (either wholly or partly):\n (i) to enable the person to incur expenditure for a purpose mentioned in paragraph 314AEB(1)(a); or\n (ii) to reimburse the person for incurring expenditure for such a purpose; and\n (c) the amount of at least one such gift was more than $10,000.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out the following details in respect of each gift of more than $10,000 that is mentioned in paragraph (1)(b):\n (a) the amount of the gift;\n (b) the date on which the gift was made;\n (c) in the case of a gift made on behalf of the members of an unincorporated association (other than a registered industrial organisation):\n (i) the name of the association; and\n (ii) the names and addresses of the members of the executive committee (however described) of the association;\n (d) in the case of a gift purportedly made out of a trust fund, or out of the funds of a foundation:\n (i) the names and addresses of the trustees of the fund, or of the funds of the foundation; and\n (ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;\n (e) in any other case—the name and address of the person who made the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n (4) For the purposes of subsection (2), 2 or more gifts made, during the financial year, by the same person to another person are taken to be one gift.\n\n85 Application of item 84\n\nThe amendment made by item 84 applies to the 2006‑07 financial year and later financial years.\n\n86 Section 318A\n\nRepeal the section.\n\n87 After section 328\n\nInsert:\n\n#### 328A Publication of electoral advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an electoral advertisement on the Internet; or\n (ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and\n (b) the electoral advertisement is intended to affect voting in an election; and\n (c) the electoral advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n88 Subsection 351(5)\n\nAfter “section 328”, insert “or 328A”.\n\n89 After paragraph 385A(1)(a)\n\nInsert:\n\n (aa) an electoral advertisement published on the Internet that includes a statement that it was authorised by a specified person is admissible as evidence of that fact; and\n\n90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3\n\nAdd “and”.\n\n91 After subparagraph 6(c) of Schedule 3\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) applies) did not provide evidence of his or her identity in accordance with section 235 at the time of casting the vote, the elector has provided that evidence by the first Friday following the polling day for that election; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n92 Subparagraph 6(cb) of Schedule 3\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007; and”.\n\n93 Subparagraph 10(b) of Schedule 3\n\nOmit “or 13A”.\n\n94 Subparagraph 10(ba) of Schedule 3\n\nRepeal the paragraph.\n\n95 Subparagraph 11(b) of Schedule 3\n\nOmit “or 13A”.\n\n96 At the end of paragraph 12 of Schedule 3\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A).\n\n97 Paragraphs 13A to 13D of Schedule 3\n\nRepeal the paragraphs.\n\n98 Paragraph 14 of Schedule 3\n\nOmit “paragraphs 13, 13B and 13D”, substitute “paragraph 13”.\n\n99 Paragraph 19 of Schedule 3\n\nOmit “10(ba) or (c)”, substitute “10(c)”.\n\nElectoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004\n\n100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30)\n\nRepeal the items.\n\n101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1\n\nRepeal the items.\n\nReferendum (Machinery Provisions) Act 1984\n\n102 Subsection 3(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1A).\n\n103 After subsection 3(1)\n\nInsert:\n\n (1A) A person is provisionally enrolled if:\n (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or\n (b) the person is provisionally enrolled under section 38 of this Act.\n\n104 Paragraph 4(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) claims for enrolment under section 101 of the Commonwealth Electoral Act 1918 (other than claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act) that are received during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n (aa) claims for transfer of enrolment under section 101 of the Commonwealth Electoral Act 1918, and claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act, that are received during the period:\n (i) beginning at 8 pm on the day for which the Rolls for a referendum close; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n\n105 Paragraph 4(2)(b)\n\nOmit “the close of the Rolls”, substitute “the day of the issue of the writ”.\n\n106 At the end of section 4\n\nAdd:\n\n (3) A claim that is taken, by subsection 100(2) of the Commonwealth Electoral Act 1918, to be made under section 101 of that Act:\n (a) is to be treated in accordance with paragraph (2)(aa) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending at the end of the voting day for the referendum; and\n (b) otherwise—is to be treated in accordance with paragraph (2)(a).\n\n107 Subsection 9(1)\n\nOmit “7 days”, substitute “3 working days”.\n\n108 At the end of section 9\n\nAdd:\n\n (3) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n109 Subsection 34(2)\n\nAfter “subsection 46(1)”, insert “or (1A)”.\n\n110 Paragraphs 36(4)(a) and 36A(8)(a)\n\nAfter “46(1)”, insert “or (1A)”.\n\n111 At the end of subsection 37(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n112 After subsection 37(1)\n\nInsert:\n\n (1A) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) may cast a provisional vote on the voting day for a referendum if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the voting day.\n\n> Note: The regulations are made under subsection (9).\n\n113 At the end of section 37\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n114 After section 37\n\nInsert:\n\n#### 38 Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed voting day for a referendum; or\n (ii) a writ for a referendum has been issued; and\n (b) the voting day for the referendum is not the same as that fixed for the polling at an election; and\n (c) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the day of the issue of writ; and\n (ii) the voting day for the referendum; and\n (d) the person is not enrolled; and\n (e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the voting day (see paragraph 6 of Schedule 4).\n\n> Note 2: A person may make a similar application under section 99B of the Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election.\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed voting day for the referendum and the day of the issue of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the referendum; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision for which the person would be provisionally enrolled if he or she had made an application under section 99B of the Commonwealth Electoral Act 1918; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the voting day for the referendum, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim under the Commonwealth Electoral Act 1918 for enrolment for the Subdivision mentioned in paragraph (5)(a); and\n (c) sections 102, 103 and 104 of the Commonwealth Electoral Act 1918 apply to the application as if it were a claim made under section 101 of that Act.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n115 Paragraph 38(1)(c)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n116 Subsection 38(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n117 After subsection 46(1)\n\nInsert:\n\n (1A) On voting day for a referendum, a person who is provisionally enrolled is entitled to vote as an absent voter, after making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n118 Subsection 46(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n119 Subsection 46(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n120 Paragraph 46(9)(a)\n\nAfter “222(1)”, insert “or (1A)”.\n\n121 Paragraph 46(9)(a)\n\nAfter “subsection (1)”, insert “or (1A) (as the case requires)”.\n\n122 Section 53\n\nBefore “In this”, insert “(1)”.\n\n123 At the end of section 53\n\nAdd:\n\n (2) In this Part and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 54(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n124 Section 54\n\nBefore “An elector”, insert “(1)”.\n\n125 At the end of section 54\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n126 Section 72\n\nBefore “An elector”, insert “(1)”.\n\n127 At the end of section 72\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n128 Part IX\n\nRepeal the Part.\n\n129 After section 121\n\nInsert:\n\n#### 121A Publication of advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an advertisement relating to a referendum on the Internet; or\n (ii) the person causes, permits or authorises an advertisement relating to a referendum to be published on the Internet; and\n (b) the advertisement is intended to affect voting in the referendum; and\n (c) the advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement does not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n130 Section 136\n\nRepeal the section.\n\n131 At the end of subparagraphs 6(a), (b) and (c) of Schedule 4\n\nAdd “and”.\n\n132 After subparagraph 6(c) of Schedule 4\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) did not provide evidence of his or her identity in accordance with section 37 at the time of casting the vote, the elector has provided that evidence by the first Friday following the voting day for that referendum; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n133 Subparagraph 6(cb) of Schedule 4\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007”.\n\n134 Subparagraph 10(b) of Schedule 4\n\nOmit “or 12A”.\n\n135 Subparagraph 10(ba) of Schedule 4\n\nRepeal the paragraph.\n\n136 At the end of paragraph 11 of Schedule 4\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918.\n\n137 Paragraphs 12A to 12D of Schedule 4\n\nRepeal the paragraphs.\n\n138 Paragraph 13 of Schedule 4\n\nOmit “paragraphs 12, 12B and 12D”, substitute “paragraph 12”.\n\n139 Paragraph 17 of Schedule 4\n\nOmit “10(a), (b) or (ba)”, substitute “10(a) or (b)”.\n\n \n\nSchedule 2—Amendments to thresholds\n\nCommonwealth Electoral Act 1918\n\n1 Subparagraph 304(5)(b)(ii)\n\nOmit “less than $200”, substitute “$10,000 or less”.\n\n2 Paragraph 304(5)(c)\n\nOmit “less than $1,000”, substitute “$10,000 or less”.\n\n3 At the end of subsection 304(5)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n4 Paragraph 304(6)(b)\n\nOmit “is equal to or exceeds $200”, substitute “exceeds $10,000”.\n\n5 Paragraph 304(6)(c)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n6 At the end of subsection 304(6)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n7 Subsection 305B(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n8 At the end of subsection 305B(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n9 Subsection 305B(3A)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n10 Subsection 305B(3A)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n11 At the end of subsection 305B(3A)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n12 Subsections 306(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) It is unlawful for:\n (a) a political party; or\n (b) a State branch of a political party; or\n (c) a person acting on behalf of a political party or a State branch of a political party;\n to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) It is unlawful for:\n (a) a candidate; or\n (b) a member of a group; or\n (c) a person acting on behalf of a candidate or group;\n to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n13 Subsection 306A(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n14 At the end of subsection 306A(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n15 Subsection 306A(2)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n16 At the end of subsection 306A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n17 Paragraph 306B(a)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n18 At the end of section 306B\n\nAdd:\n\n> Note 3: The dollar amount mentioned in this section is indexed under section 321A.\n\n19 Subsection 311A(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n20 At the end of subsection 311A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n21 Subsection 314AC(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n22 At the end of subsection 314AC(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n23 Subsection 314AC(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n24 At the end of subsection 314AC(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n25 Subsection 314AE(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n26 At the end of subsection 314AE(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n27 At the end of Part XX\n\nAdd:\n\n#### 321A Indexation of amounts\n\n (1) This section applies to the dollar amounts mentioned in the following provisions:\n (a) subparagraph 304(5)(b)(ii);\n (b) paragraph 304(5)(c);\n (c) paragraphs 304(6)(b) and (c);\n (d) section 305A;\n (e) subsections 305B(1) and (3A);\n (f) subsections 306(1) and (2);\n (g) subsections 306A(1) and (2);\n (h) paragraph 306B(a);\n (i) subsection 311A(2);\n (j) subsections 314AC(1) and (2);\n (k) subsection 314AE(1).\n (2) The dollar amount mentioned in the provision, for an indexation year whose indexation factor is greater than 1, is replaced by the amount worked out using the following formula (rounded to the nearest $100):\n\n![](image.002.png)\n\n (3) The dollar amount mentioned in the provision for an indexation year is not replaced in respect of a disclosure period in relation to an election if the indexation year begins between the issue of the writ for the election and the polling day for the election.\n (4) The indexation factor for an indexation year is the number worked out using the following formula:\n\n![](image.003.png)\n\n (5) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the fourth decimal place is more than 4.\n (6) Calculations under subsection (4):\n (a) are to be made using only the March index numbers published in terms of the most recently published reference base for the Consumer Price Index; and\n (b) are to be made disregarding March index numbers that are published in substitution for previously published March index numbers (except where the substituted numbers are published to take account of changes in the reference base).\n (7) In this section:\n\n> indexation year means the financial year commencing on 1 July 2006, and each subsequent financial year.\n\n> March index number means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of the 3 months ending on 31 March.\n\n28 At the end of subsection 321A(1)\n\nAdd:\n\n ; (m) paragraph 314AEB(1)(b);\n (n) paragraph 314AEC(1)(c);\n (o) subsection 314AEC(2).\n\n29 Application of this Schedule\n\n(1) The amendments made by this Schedule (other than item 28) apply to:\n\n (a) that part of the 2005‑06 financial year that commences on the day on which the Bill for this Act is introduced into the Parliament; and\n (b) later financial years.\n\n(2) The amendment made by item 28 applies to the 2006‑07 financial year and later financial years.\n\n \n\nSchedule 3—Deregistration of certain political parties\n\n1 Definitions\n\nIn this Schedule:\n\nElectoral Commission has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nParliamentary party has the meaning given by subsection 123(1) of the Commonwealth Electoral Act 1918.\n\npolitical party has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nrelated party has the meaning given by subsection 123(2) of the Commonwealth Electoral Act 1918.\n\nregistered officer has the meaning given by section 4C of the Commonwealth Electoral Act 1918.\n\nRegister of Political Parties means the Register established under section 125 of the Commonwealth Electoral Act 1918.\n\n2 Deregistration of certain political parties\n\n(1) A political party that is registered under Part XI of the Commonwealth Electoral Act 1918 at the time this item commences is deregistered by force of this item, 6 months after that time, unless the party is covered by subitem 3(1), (2) or (3).\n\n(2) The Electoral Commission must notify a political party in writing if the party is deregistered by force of this item.\n\n3 Political parties that are not deregistered\n\n(1) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament, but before this item commences:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission has determined that the party is an eligible political party for the purposes of section 138A of the Commonwealth Electoral Act 1918.\n\n(2) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission notifies the party of the requirement to provide information for the purposes of section 138A of the Commonwealth Electoral Act 1918, which the party provides within 3 months of the date of the notification; and\n (c) within 6 months of this item commencing, the Electoral Commission has determined that the party is an eligible political party for the purposes of that section.\n\n(3) A political party is not deregistered by force of item 2 if:\n\n (a) within 3 months of this item commencing, the party claims, in accordance with subitem (4), that the party should not be deregistered; and\n (b) within 6 months of this item commencing, the Electoral Commission is satisfied that either:\n (i) a member of the party was a candidate for the party at an election and was elected at that time as a member of the Commonwealth Parliament; or\n (ii) a member of a related party was a candidate for the related party at an election and was elected at that time as a member of the Commonwealth Parliament.\n\n(4) A claim under this item must:\n\n (a) be made by the person who is the registered officer of the political party; and\n (b) name the member of the party, or the member of a related party, on whom the party relies for the claim; and\n (c) state the period during which the member was a member of the Commonwealth Parliament; and\n (d) be accompanied by documentary evidence that is necessary and sufficient to establish, or a declaration signed by the member:\n (i) that the member was a candidate for the party, or a related party, at an election; and\n (ii) that the member was elected at that time as a member of the Commonwealth Parliament; and\n (iii) if the party relies for the claim on a member of a related party—that the related party was, at that time, related to the party by whom the claim is made; and\n (e) if subparagraph (d)(iii) applies—be signed by the party secretaries of the party and the related party.\n\n(5) A person who was elected as a member of the Commonwealth Parliament must not be relied on by more than one political party for its claim, unless:\n\n (a) at a time when the person was a member of a political party, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament; and\n (b) at another time when the person was a member of another political party, the person was a candidate for the other party at another election, and was elected at that time as a member of the Commonwealth Parliament.\n\n(6) If more than one political party relies on the same person for its claim in contravention of subitem (5), then:\n\n (a) if at a time when the person was a member of one of the political parties, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament—that party may rely on the person; and\n (b) otherwise—the party:\n (i) that the Electoral Commission is satisfied is covered by subitem (2) or (3); and\n (ii) that makes the earliest claim;\n may rely on the person.\n\n(7) Before determining a claim made under this item, the Electoral Commission may make any inquiries that it considers appropriate to ascertain facts in relation to the claim.\n\n(8) A determination or decision by the Electoral Commission in respect of a claim made under this item is taken to be a reviewable decision for the purposes of section 141 of the Commonwealth Electoral Act 1918.\n\n4 Waiver of fee for re‑registration\n\nIf, within 12 months of the day on which item 2 commences, a political party that is deregistered by force of that item makes an application to be registered under section 126 of the Commonwealth Electoral Act 1918, the application need not be accompanied by a fee of $500 as required by paragraph 126(2)(g) of that Act.\n\n5 Freezing the Register of Political Parties\n\nDuring the period of 6 months commencing on the day on which this item commences:\n\n (a) a political party must not be added to, or deleted from, the Register of Political Parties; and\n (b) an entry on the Register must not be changed, other than to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n6 Election called during the year\n\nDespite this Schedule, if the writ for an election is issued during the period of 12 months commencing on the day on which this item commences, then for the purposes of the election, the Register of Political Parties as in force at the time this item commences is taken to be the Register of Political Parties. However, that Register may be changed to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n \n\nSchedule 4—Donations to political parties and independent candidates and members\n\nPart 1—Insertion of new Subdivision 30‑DA in the Income Tax Assessment Act 1997\n\n1 After Subdivision 30‑D\n\nInsert:\n\n#### Subdivision 30‑DA—Donations to political parties and independent candidates and members\n\n#### Guide to Subdivision 30‑DA\n\n#### 30‑241 What this Subdivision is about\n\nGenerally, you can deduct certain contributions and gifts to political parties, independent candidates and members.\n\nContributions and gifts must be at least $2 and there is a limit on the total amount that you can deduct.\n\nTable of sections\n\nOperative provisions\n\n30‑242 Deduction for political contributions and gifts\n\n30‑243 Amount of the deduction\n\n30‑244 When an individual is an independent candidate\n\n30‑245 When an individual is an independent member\n\n#### Operative provisions\n\n#### 30‑242 Deduction for political contributions and gifts\n\n (1) You can deduct any of the following for the income year in which they are made:\n (a) a contribution or gift to a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation;\n (b) a contribution or gift to an individual when the individual is an \\*independent candidate for a Commonwealth, State, Northern Territory or Australian Capital Territory election;\n (c) a contribution or gift to an individual who is, or was, an \\*independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory.\n (2) The contribution or gift must be of:\n (a) money; or\n (b) property that you purchased during the 12 months before making the contribution or gift.\n (3) The value of the contribution or gift must be at least $2.\n (4) You cannot deduct a testamentary contribution or gift under this Subdivision.\n (5) A contribution or gift to an individual who is, or was, an \\*independent member must be made:\n (a) when the individual is an independent member; or\n (b) if the individual ceases to be an independent member because:\n (i) a Parliament, a House of a Parliament or a Legislative Assembly is dissolved or has reached its maximum duration; or\n (ii) the individual comes up for election;\n after the individual ceases to be a member but before candidates for the resulting election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n#### 30‑243 Amount of the deduction\n\n (1) If the contribution or gift is money, the amount of the deduction is the amount of money.\n (2) If the contribution or gift is property, the amount of the deduction is the lesser of:\n (a) the market value of the property on the day that you made the contribution or gift; and\n (b) the amount that you paid for the property.\n $1,500 limit on deductions\n (3) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to political parties.\n (4) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to \\*independent candidates or \\*independent members.\n\n#### 30‑244 When an individual is an independent candidate\n\n (1) An individual is an independent candidate if:\n (a) the individual is a candidate in an election (including an election that is later declared void) for members of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory; and\n (b) the individual’s candidature is not endorsed by a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) However, an individual does not start being an \\*independent candidate until the candidates for the election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (3) An individual stops being an \\*independent candidate when the result of the election is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (4) If:\n (a) the election is taken to have wholly failed under the relevant electoral legislation; and\n (b) the result of the election has not been declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation;\n the individual stops being an \\*independent candidate in that election when candidates for the replacement election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n#### 30‑245 When an individual is an independent member\n\n (1) An individual is an independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory if the individual:\n (a) is a member of that Parliament or Legislative Assembly; and\n (b) the individual is not a member of a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) An individual who becomes a member as a result of an election (including an election that is later declared void) is taken to start being a member of the Parliament or Legislative Assembly when the individual’s election as a member is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n \n\nPart 2—Further amendment of the Income Tax Assessment Act 1997\n\n2 Subsection 30‑5(1)\n\nAfter “making”, insert “a contribution or gift to a political party, independent candidate or member, or”.\n\n3 Subsection 30‑5(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subdivision 30‑D deals with the deductibility of testamentary gifts under the Cultural Bequests Program.\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n4 Subsection 30‑15(2) (note)\n\nOmit “Note”, substitute “Note 1”.\n\n5 Subsection 30‑15(2) (after note 1)\n\nInsert:\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n6 Subsection 30‑15(2) (table item 3)\n\nRepeal the item.\n\n7 Subsection 30‑315(2) (table item 87)\n\nOmit “contributions”, substitute “parties and independent candidates and members”.\n\n8 Subsection 30‑315(2) (table item 87)\n\nOmit “item 3 of the table in section 30‑15”, substitute “Subdivision 30‑DA”.\n\n9 Subsection 995‑1(1)\n\nInsert:\n\n> independent candidate has the meaning given by section 30‑244.\n\n10 Subsection 995‑1(1)\n\nInsert:\n\n> independent member has the meaning given by section 30‑245.\n\n \n\nPart 3—Amendment of the Income Tax Assessment Act 1936\n\n11 Subsections 78A(2), (3) and (4)\n\nOmit “fund, authority or institution” (wherever occurring), substitute “fund, authority, institution or person”.\n\n \n\nPart 4—Application of amendments\n\n12 Application\n\nThe amendments made by this Schedule apply to contributions or gifts made on or after the day on which this Act receives the Royal Assent.\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 8 December 2005\n\nSenate on 13 June 2006\\]\n\n(185/05)","sortOrder":15},{"sectionNumber":"Guide to Subdivision 30‑DA","sectionType":"subdivision","heading":"Guide to Subdivision 30‑DA","content":"An Act to amend the law relating to elections and referendums, and for related purposes\n\n\\[Assented to 22 June 2006\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

22 June 2006

2. Schedule 1, items 1 to 16

The day on which this Act receives the Royal Assent.

22 June 2006

3. Schedule 1, items 17 to 19

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 8 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

21 November 2006

(see F2006L03740)

4. Schedule 1, item 20

The day on which this Act receives the Royal Assent.

22 June 2006

5. Schedule 1, items 21 to 23

At the same time as the provision(s) covered by table item 3.

21 November 2006

6. Schedule 1, item 24

The day on which this Act receives the Royal Assent.

22 June 2006

7. Schedule 1, items 25 to 27

At the same time as the provision(s) covered by table item 3.

21 November 2006

8. Schedule 1, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

9. Schedule 1, items 29 to 35

At the same time as the provision(s) covered by table item 3.

21 November 2006

10. Schedule 1, item 36

The day on which this Act receives the Royal Assent.

22 June 2006

11. Schedule 1, items 37 and 38

The later of:

(a) immediately after the commencement of item 36 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

12. Schedule 1, items 39 to 91

The day on which this Act receives the Royal Assent.

22 June 2006

13. Schedule 1, item 92

The later of:

(a) immediately after the commencement of item 91 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

14. Schedule 1, items 93 to 114

The day on which this Act receives the Royal Assent.

22 June 2006

15. Schedule 1, items 115 and 116

The later of:

(a) immediately after the commencement of item 114 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

16. Schedule 1, items 117 to 132

The day on which this Act receives the Royal Assent.

22 June 2006

17. Schedule 1, item 133

The later of:

(a) immediately after the commencement of item 132 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

18. Schedule 1, item 134 to 139

The day on which this Act receives the Royal Assent.

22 June 2006

19. Schedule 2, items 1 to 27

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

20. Schedule 2, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

21. Schedule 2, item 29

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

22. Schedules 3 and 4

The day on which this Act receives the Royal Assent.

22 June 2006

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Main amendments\n\nCommonwealth Electoral Act 1918\n\n1 Subsection 4(1)\n\nInsert:\n\n> Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.\n\n2 Subsection 4(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1B).\n\n3 Subsection 4(1)\n\nInsert:\n\n> sentence of imprisonment has the meaning given subsection (1A).\n\n4 After subsection 4(1)\n\nInsert:\n\n (1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:\n (a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and\n (b) that detention is attributable to the sentence of imprisonment concerned.\n (1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.\n\n5 Subsection 17(2A)\n\nOmit “305(1), 305A(1) or 309(4)”, substitute “305A(1) or (1A)”.\n\n6 Section 38\n\nRepeal the section, substitute:\n\n#### 38 Offices of Divisional Returning Officers\n\n (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.\n (2) However, subsection (1) does not apply if:\n (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and\n (b) either:\n (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or\n (ii) the office is currently being relocated within the Division.\n (3) A written authority given under subsection (1) is not a legislative instrument.\n\n7 Application of item 6\n\nThe amendment made by item 6 applies to offices located after the commencement of this item.\n\n8 Subsection 90B(4) (at the end of the table)\n\nAdd:\n\n| 5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and(b) on payment of the fee (if any) payable under subsection (9). |\n| --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n9 Paragraph 90B(9)(b)\n\nOmit “3 or 4”, substitute “3, 4 or 5”.\n\n10 After subsection 91A(2B)\n\nInsert:\n\n (2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.\n\n11 At the end of subsection 91B(3)\n\nAdd “(other than information provided under item 5 of the table in subsection 90B(4) that is used for a permitted purpose)”.\n\n12 Subsection 92(1)\n\nOmit “all police, statistical, and electoral officers in the service of any State or Territory,”, substitute “a State or a Territory,”.\n\n13 Subsection 93(2)\n\nOmit “(4) and (5)”, substitute “(4), (5) and (8AA)”.\n\n14 Paragraph 93(8)(b)\n\nRepeal the paragraph.\n\n15 Subsection 93(8AA)\n\nRepeal the subsection, substitute:\n\n (8AA) A person who is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory is not entitled to vote at any Senate election or House of Representatives election.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n16 Application of items 14 and 15\n\nThe amendments made by items 14 and 15 apply to sentences beginning before, on or after the commencement of this item.\n\n17 Paragraph 94A(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n18 At the end of subsection 94A(2)\n\nAdd:\n\n ; and (e) must be supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n19 After subsection 94A(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n20 Paragraph 94A(4)(a)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n21 Paragraph 95(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n22 At the end of subsection 95(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n23 After subsection 95(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n24 Subsection 95(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n25 At the end of paragraph 96(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n26 At the end of subsection 96(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the applicant’s identity that is required by the regulations (but see subsection (2AB)).\n\n27 After subsection 96(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n28 Subsection 96(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n29 Before section 98\n\nInsert:\n\n#### 98AA Regulations\n\n (1) If regulations are made to implement a requirement of this Part or Part VII, in relation to identification for enrolment, the regulations must require the applicant for enrolment to:\n (a) provide documentary evidence of his or her name by providing his or her driver’s licence number; or\n (b) if the applicant does not possess a driver’s licence—show to an elector in a prescribed class of electors a prescribed kind of document that identifies the applicant; or\n (c) otherwise—have the application countersigned by two electors who:\n (i) can confirm the applicant’s name; and\n (ii) have known the applicant for at least one month.\n (2) The regulations may impose additional requirements in relation to identification for enrolment.\n\n30 At the end of paragraph 98(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n31 At the end of subsection 98(2)\n\nAdd:\n\n ; and (d) be supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (2AB)).\n\n32 After subsection 98(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n33 Paragraph 99A(4)(c)\n\nAfter “handwriting”, insert “(but see subsection (4A))”.\n\n34 At the end of subsection 99A(4)\n\nAdd:\n\n ; and (e) supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (4B)).\n\n35 After subsection 99A(4)\n\nInsert:\n\n (4A) The requirement in paragraph (4)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (4B) To avoid doubt, the requirement in paragraph (4)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n36 After section 99A\n\nInsert:\n\n#### 99B Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or\n (ii) a writ for an election for the Subdivision has been issued; and\n (b) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the date of the writ; and\n (ii) the polling day for the election; and\n (c) the person is not enrolled; and\n (d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the election; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the polling day for the election, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and\n (c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n37 Paragraph 99B(1)(b)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n38 Subsection 99B(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n39 Subsection 102(1)\n\nOmit “subsection (4)”, substitute “subsections (4) and (4AA)”.\n\n40 Subsection 102(2A)\n\nOmit “the day on which the Rolls for the election close”, substitute “the date of the writ or writs for the election”.\n\n41 Subsection 102(4)\n\nRepeal the subsection, substitute:\n\n (4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period:\n (a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period:\n (a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AB) A claim that is taken, by subsection 100(2), to be made under section 101:\n (a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (ii) ending at the end of the polling day for the election; and\n (b) otherwise—is to be treated in accordance with subsection (4).\n\n42 Paragraph 102(4A)(a)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n43 Subparagraph 102(4A)(b)(ii)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n44 Subsection 102(4B)\n\nOmit “subsection (4)” (first occurring), substitute “subsections (4) and (4AA)”.\n\n45 Paragraphs 102(4B)(a) and (b)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n46 Paragraphs 105(1)(b) and (ba)\n\nRepeal the paragraphs.\n\n47 Subsection 105(1A)\n\nOmit “(1)(ba) or (h)”, substitute “(1)(h)”.\n\n48 Subsection 105(3A)\n\nRepeal the subsection.\n\n49 Subsection 105(4)\n\nRepeal the subsection, substitute:\n\n (4) If a vote is:\n (a) admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or\n (b) admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act;\n the Divisional Returning Officer for the relevant Division must enter the elector’s name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared.\n\n50 Section 109\n\nRepeal the section, substitute:\n\n#### 109 Lists of convictions to be forwarded\n\n (1) The Controller‑General of Prisons must, as soon as practicable after the beginning of each month, forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n during the preceding month.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n (2) Within 4 days of the date of the writ for an election for a Division in a State, the Controller‑General of Prisons must forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n between the time the last list was forwarded by the Controller‑General under subsection (1) and the date of the writ.\n\n51 Subsection 118(5)\n\nOmit “the close of the Rolls”, substitute “8 pm on the date of the writ”.\n\n52 Section 155\n\nRepeal the section, substitute:\n\n#### 155 Date for close of Rolls\n\n (1) The date fixed for the close of the Rolls is the third working day after the date of the writ.\n\n> Note: However, generally names are not added to or removed from the Rolls after the date of the writ.\n\n (2) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n53 Paragraph 170(3)(a)\n\nOmit “$700”, substitute “$1,000”.\n\n54 Paragraph 170(3)(b)\n\nOmit “$350”, substitute “$500”.\n\n55 Section 182\n\nBefore “In this”, insert “(1)”.\n\n56 At the end of section 182\n\nAdd:\n\n (2) In this Part (other than in sections 184A to 186) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 183(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n57 Section 183\n\nBefore “An elector”, insert “(1)”.\n\n58 At the end of section 183\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n59 Section 200A\n\nBefore “An elector”, insert “(1)”.\n\n60 At the end of section 200A\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n61 At the end of subsection 208(2)\n\nAdd:\n\n ; and (c) is not covered by subsection 93(8AA) (sentences of imprisonment).\n\n62 Subsection 221(3)\n\nAfter “polling in the election”, insert “, or a person who is covered by subsection 93(8AA) (sentences of imprisonment)”.\n\n63 After subsection 222(1)\n\nInsert:\n\n (1A) On polling day a person who is provisionally enrolled is entitled to vote as an absent voter, on making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n64 Subsection 222(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n65 Subsection 222(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n66 Subsection 226A(1) (note)\n\nAfter “93(8)”, insert “, (8AA)”.\n\n67 Subsection 232(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n68 Subsection 233(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n69 Paragraphs 234(4)(a) and 234A(8)(a)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n70 At the end of subsection 235(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n71 After subsection 235(1)\n\nInsert:\n\n (1A) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who casts a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) applies) may cast a provisional vote on the polling day for an election if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the polling day.\n\n> Note: The regulations are made under subsection (9).\n\n72 At the end of section 235\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n73 At the end of paragraph 268(1)(e)\n\nAdd “or (1A)”.\n\n74 Subsection 287(1) (definition of associated entity)\n\nRepeal the definition, substitute:\n\n> associated entity means:\n\n (a) an entity that is controlled by one or more registered political parties; or\n (b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or\n (c) an entity that is a financial member of a registered political party; or\n (d) an entity on whose behalf another person is a financial member of a registered political party; or\n (e) an entity that has voting rights in a registered political party; or\n (f) an entity on whose behalf another person has voting rights in a registered political party.\n\n75 Subsection 287(1) (definition of broadcaster)\n\nRepeal the definition.\n\n76 Subsection 287(1) (paragraph (f) of the definition of disclosure period)\n\nOmit “305(1) or 305A(1)”, substitute “305A(1) or (1A)”.\n\n77 Subsection 287(1)\n\nInsert:\n\n> financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.\n\n78 Section 305\n\nRepeal the section.\n\n79 Subsections 305A(1), (2) and (3)\n\nRepeal the subsections, substitute:\n\n (1) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (1A) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any person or body (whether incorporated or not) specified, by legislative instrument, by the Electoral Commission; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return setting out the required details of:\n (a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and\n (b) all gifts of more than $10,000, received by the person at any time, that the person used during the period (either wholly or partly):\n (i) to enable the person to make the gifts mentioned in paragraph (a); or\n (ii) to reimburse the person for making such gifts.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2A) For the purposes of subsection (2), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.\n (3) The return must:\n (a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election; and\n (b) be in the approved form.\n\nNote: The headings to sections 305A and 305B are altered by omitting “Donations” and substituting “Gifts”.\n\n80 Paragraph 308(1)(e)\n\nAfter “section 328”, insert “, 328A”.\n\n81 Subsections 309(4) and (5)\n\nRepeal the subsections.\n\n82 Sections 310 and 311\n\nRepeal the sections.\n\n83 Division 5A of Part XX (heading)\n\nRepeal the heading, substitute:\n\n### Division 5A—Annual returns by registered political parties and other persons\n\n84 After section 314AEA\n\nInsert:\n\n#### 314AEB Annual returns relating to political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person incurred expenditure for any of the following purposes during the year, by or with his or her own authority:\n (i) the public expression of views on a political party, a candidate in an election or a member of the House of Representatives or the Senate by any means;\n (ii) the public expression of views on an issue in an election by any means;\n (iii) the printing, production, publication or distribution of any material (not being material referred to in subparagraph (i) or (ii)) that is required under section 328 or 328A to include a name, address or place of business;\n (iv) the broadcast of political matter in relation to which particulars are required to be announced under subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992;\n (v) the carrying out of an opinion poll, or other research, relating to an election or the voting intentions of electors; and\n (b) the amount of the expenditure incurred was more than $10,000; and\n (c) at the time the person gave the authority the person was not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) the Commonwealth (including a Department of the Commonwealth, an Executive Agency or a Statutory Agency (within the meaning of the Public Service Act 1999)); or\n (iiia) a member of the House of Representatives or the Senate; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out details of the expenditure incurred.\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n\n#### 314AEC Annual returns relating to gifts received for political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person is required to provide a return for the year under section 314AEB; and\n (b) the person received a gift or gifts, at any time, that the person used during the year (either wholly or partly):\n (i) to enable the person to incur expenditure for a purpose mentioned in paragraph 314AEB(1)(a); or\n (ii) to reimburse the person for incurring expenditure for such a purpose; and\n (c) the amount of at least one such gift was more than $10,000.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out the following details in respect of each gift of more than $10,000 that is mentioned in paragraph (1)(b):\n (a) the amount of the gift;\n (b) the date on which the gift was made;\n (c) in the case of a gift made on behalf of the members of an unincorporated association (other than a registered industrial organisation):\n (i) the name of the association; and\n (ii) the names and addresses of the members of the executive committee (however described) of the association;\n (d) in the case of a gift purportedly made out of a trust fund, or out of the funds of a foundation:\n (i) the names and addresses of the trustees of the fund, or of the funds of the foundation; and\n (ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;\n (e) in any other case—the name and address of the person who made the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n (4) For the purposes of subsection (2), 2 or more gifts made, during the financial year, by the same person to another person are taken to be one gift.\n\n85 Application of item 84\n\nThe amendment made by item 84 applies to the 2006‑07 financial year and later financial years.\n\n86 Section 318A\n\nRepeal the section.\n\n87 After section 328\n\nInsert:\n\n#### 328A Publication of electoral advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an electoral advertisement on the Internet; or\n (ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and\n (b) the electoral advertisement is intended to affect voting in an election; and\n (c) the electoral advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n88 Subsection 351(5)\n\nAfter “section 328”, insert “or 328A”.\n\n89 After paragraph 385A(1)(a)\n\nInsert:\n\n (aa) an electoral advertisement published on the Internet that includes a statement that it was authorised by a specified person is admissible as evidence of that fact; and\n\n90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3\n\nAdd “and”.\n\n91 After subparagraph 6(c) of Schedule 3\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) applies) did not provide evidence of his or her identity in accordance with section 235 at the time of casting the vote, the elector has provided that evidence by the first Friday following the polling day for that election; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n92 Subparagraph 6(cb) of Schedule 3\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007; and”.\n\n93 Subparagraph 10(b) of Schedule 3\n\nOmit “or 13A”.\n\n94 Subparagraph 10(ba) of Schedule 3\n\nRepeal the paragraph.\n\n95 Subparagraph 11(b) of Schedule 3\n\nOmit “or 13A”.\n\n96 At the end of paragraph 12 of Schedule 3\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A).\n\n97 Paragraphs 13A to 13D of Schedule 3\n\nRepeal the paragraphs.\n\n98 Paragraph 14 of Schedule 3\n\nOmit “paragraphs 13, 13B and 13D”, substitute “paragraph 13”.\n\n99 Paragraph 19 of Schedule 3\n\nOmit “10(ba) or (c)”, substitute “10(c)”.\n\nElectoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004\n\n100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30)\n\nRepeal the items.\n\n101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1\n\nRepeal the items.\n\nReferendum (Machinery Provisions) Act 1984\n\n102 Subsection 3(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1A).\n\n103 After subsection 3(1)\n\nInsert:\n\n (1A) A person is provisionally enrolled if:\n (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or\n (b) the person is provisionally enrolled under section 38 of this Act.\n\n104 Paragraph 4(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) claims for enrolment under section 101 of the Commonwealth Electoral Act 1918 (other than claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act) that are received during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n (aa) claims for transfer of enrolment under section 101 of the Commonwealth Electoral Act 1918, and claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act, that are received during the period:\n (i) beginning at 8 pm on the day for which the Rolls for a referendum close; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n\n105 Paragraph 4(2)(b)\n\nOmit “the close of the Rolls”, substitute “the day of the issue of the writ”.\n\n106 At the end of section 4\n\nAdd:\n\n (3) A claim that is taken, by subsection 100(2) of the Commonwealth Electoral Act 1918, to be made under section 101 of that Act:\n (a) is to be treated in accordance with paragraph (2)(aa) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending at the end of the voting day for the referendum; and\n (b) otherwise—is to be treated in accordance with paragraph (2)(a).\n\n107 Subsection 9(1)\n\nOmit “7 days”, substitute “3 working days”.\n\n108 At the end of section 9\n\nAdd:\n\n (3) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n109 Subsection 34(2)\n\nAfter “subsection 46(1)”, insert “or (1A)”.\n\n110 Paragraphs 36(4)(a) and 36A(8)(a)\n\nAfter “46(1)”, insert “or (1A)”.\n\n111 At the end of subsection 37(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n112 After subsection 37(1)\n\nInsert:\n\n (1A) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) may cast a provisional vote on the voting day for a referendum if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the voting day.\n\n> Note: The regulations are made under subsection (9).\n\n113 At the end of section 37\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n114 After section 37\n\nInsert:\n\n#### 38 Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed voting day for a referendum; or\n (ii) a writ for a referendum has been issued; and\n (b) the voting day for the referendum is not the same as that fixed for the polling at an election; and\n (c) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the day of the issue of writ; and\n (ii) the voting day for the referendum; and\n (d) the person is not enrolled; and\n (e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the voting day (see paragraph 6 of Schedule 4).\n\n> Note 2: A person may make a similar application under section 99B of the Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election.\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed voting day for the referendum and the day of the issue of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the referendum; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision for which the person would be provisionally enrolled if he or she had made an application under section 99B of the Commonwealth Electoral Act 1918; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the voting day for the referendum, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim under the Commonwealth Electoral Act 1918 for enrolment for the Subdivision mentioned in paragraph (5)(a); and\n (c) sections 102, 103 and 104 of the Commonwealth Electoral Act 1918 apply to the application as if it were a claim made under section 101 of that Act.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n115 Paragraph 38(1)(c)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n116 Subsection 38(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n117 After subsection 46(1)\n\nInsert:\n\n (1A) On voting day for a referendum, a person who is provisionally enrolled is entitled to vote as an absent voter, after making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n118 Subsection 46(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n119 Subsection 46(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n120 Paragraph 46(9)(a)\n\nAfter “222(1)”, insert “or (1A)”.\n\n121 Paragraph 46(9)(a)\n\nAfter “subsection (1)”, insert “or (1A) (as the case requires)”.\n\n122 Section 53\n\nBefore “In this”, insert “(1)”.\n\n123 At the end of section 53\n\nAdd:\n\n (2) In this Part and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 54(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n124 Section 54\n\nBefore “An elector”, insert “(1)”.\n\n125 At the end of section 54\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n126 Section 72\n\nBefore “An elector”, insert “(1)”.\n\n127 At the end of section 72\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n128 Part IX\n\nRepeal the Part.\n\n129 After section 121\n\nInsert:\n\n#### 121A Publication of advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an advertisement relating to a referendum on the Internet; or\n (ii) the person causes, permits or authorises an advertisement relating to a referendum to be published on the Internet; and\n (b) the advertisement is intended to affect voting in the referendum; and\n (c) the advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement does not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n130 Section 136\n\nRepeal the section.\n\n131 At the end of subparagraphs 6(a), (b) and (c) of Schedule 4\n\nAdd “and”.\n\n132 After subparagraph 6(c) of Schedule 4\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) did not provide evidence of his or her identity in accordance with section 37 at the time of casting the vote, the elector has provided that evidence by the first Friday following the voting day for that referendum; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n133 Subparagraph 6(cb) of Schedule 4\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007”.\n\n134 Subparagraph 10(b) of Schedule 4\n\nOmit “or 12A”.\n\n135 Subparagraph 10(ba) of Schedule 4\n\nRepeal the paragraph.\n\n136 At the end of paragraph 11 of Schedule 4\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918.\n\n137 Paragraphs 12A to 12D of Schedule 4\n\nRepeal the paragraphs.\n\n138 Paragraph 13 of Schedule 4\n\nOmit “paragraphs 12, 12B and 12D”, substitute “paragraph 12”.\n\n139 Paragraph 17 of Schedule 4\n\nOmit “10(a), (b) or (ba)”, substitute “10(a) or (b)”.\n\n \n\nSchedule 2—Amendments to thresholds\n\nCommonwealth Electoral Act 1918\n\n1 Subparagraph 304(5)(b)(ii)\n\nOmit “less than $200”, substitute “$10,000 or less”.\n\n2 Paragraph 304(5)(c)\n\nOmit “less than $1,000”, substitute “$10,000 or less”.\n\n3 At the end of subsection 304(5)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n4 Paragraph 304(6)(b)\n\nOmit “is equal to or exceeds $200”, substitute “exceeds $10,000”.\n\n5 Paragraph 304(6)(c)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n6 At the end of subsection 304(6)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n7 Subsection 305B(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n8 At the end of subsection 305B(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n9 Subsection 305B(3A)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n10 Subsection 305B(3A)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n11 At the end of subsection 305B(3A)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n12 Subsections 306(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) It is unlawful for:\n (a) a political party; or\n (b) a State branch of a political party; or\n (c) a person acting on behalf of a political party or a State branch of a political party;\n to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) It is unlawful for:\n (a) a candidate; or\n (b) a member of a group; or\n (c) a person acting on behalf of a candidate or group;\n to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n13 Subsection 306A(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n14 At the end of subsection 306A(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n15 Subsection 306A(2)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n16 At the end of subsection 306A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n17 Paragraph 306B(a)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n18 At the end of section 306B\n\nAdd:\n\n> Note 3: The dollar amount mentioned in this section is indexed under section 321A.\n\n19 Subsection 311A(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n20 At the end of subsection 311A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n21 Subsection 314AC(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n22 At the end of subsection 314AC(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n23 Subsection 314AC(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n24 At the end of subsection 314AC(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n25 Subsection 314AE(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n26 At the end of subsection 314AE(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n27 At the end of Part XX\n\nAdd:\n\n#### 321A Indexation of amounts\n\n (1) This section applies to the dollar amounts mentioned in the following provisions:\n (a) subparagraph 304(5)(b)(ii);\n (b) paragraph 304(5)(c);\n (c) paragraphs 304(6)(b) and (c);\n (d) section 305A;\n (e) subsections 305B(1) and (3A);\n (f) subsections 306(1) and (2);\n (g) subsections 306A(1) and (2);\n (h) paragraph 306B(a);\n (i) subsection 311A(2);\n (j) subsections 314AC(1) and (2);\n (k) subsection 314AE(1).\n (2) The dollar amount mentioned in the provision, for an indexation year whose indexation factor is greater than 1, is replaced by the amount worked out using the following formula (rounded to the nearest $100):\n\n![](image.002.png)\n\n (3) The dollar amount mentioned in the provision for an indexation year is not replaced in respect of a disclosure period in relation to an election if the indexation year begins between the issue of the writ for the election and the polling day for the election.\n (4) The indexation factor for an indexation year is the number worked out using the following formula:\n\n![](image.003.png)\n\n (5) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the fourth decimal place is more than 4.\n (6) Calculations under subsection (4):\n (a) are to be made using only the March index numbers published in terms of the most recently published reference base for the Consumer Price Index; and\n (b) are to be made disregarding March index numbers that are published in substitution for previously published March index numbers (except where the substituted numbers are published to take account of changes in the reference base).\n (7) In this section:\n\n> indexation year means the financial year commencing on 1 July 2006, and each subsequent financial year.\n\n> March index number means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of the 3 months ending on 31 March.\n\n28 At the end of subsection 321A(1)\n\nAdd:\n\n ; (m) paragraph 314AEB(1)(b);\n (n) paragraph 314AEC(1)(c);\n (o) subsection 314AEC(2).\n\n29 Application of this Schedule\n\n(1) The amendments made by this Schedule (other than item 28) apply to:\n\n (a) that part of the 2005‑06 financial year that commences on the day on which the Bill for this Act is introduced into the Parliament; and\n (b) later financial years.\n\n(2) The amendment made by item 28 applies to the 2006‑07 financial year and later financial years.\n\n \n\nSchedule 3—Deregistration of certain political parties\n\n1 Definitions\n\nIn this Schedule:\n\nElectoral Commission has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nParliamentary party has the meaning given by subsection 123(1) of the Commonwealth Electoral Act 1918.\n\npolitical party has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nrelated party has the meaning given by subsection 123(2) of the Commonwealth Electoral Act 1918.\n\nregistered officer has the meaning given by section 4C of the Commonwealth Electoral Act 1918.\n\nRegister of Political Parties means the Register established under section 125 of the Commonwealth Electoral Act 1918.\n\n2 Deregistration of certain political parties\n\n(1) A political party that is registered under Part XI of the Commonwealth Electoral Act 1918 at the time this item commences is deregistered by force of this item, 6 months after that time, unless the party is covered by subitem 3(1), (2) or (3).\n\n(2) The Electoral Commission must notify a political party in writing if the party is deregistered by force of this item.\n\n3 Political parties that are not deregistered\n\n(1) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament, but before this item commences:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission has determined that the party is an eligible political party for the purposes of section 138A of the Commonwealth Electoral Act 1918.\n\n(2) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission notifies the party of the requirement to provide information for the purposes of section 138A of the Commonwealth Electoral Act 1918, which the party provides within 3 months of the date of the notification; and\n (c) within 6 months of this item commencing, the Electoral Commission has determined that the party is an eligible political party for the purposes of that section.\n\n(3) A political party is not deregistered by force of item 2 if:\n\n (a) within 3 months of this item commencing, the party claims, in accordance with subitem (4), that the party should not be deregistered; and\n (b) within 6 months of this item commencing, the Electoral Commission is satisfied that either:\n (i) a member of the party was a candidate for the party at an election and was elected at that time as a member of the Commonwealth Parliament; or\n (ii) a member of a related party was a candidate for the related party at an election and was elected at that time as a member of the Commonwealth Parliament.\n\n(4) A claim under this item must:\n\n (a) be made by the person who is the registered officer of the political party; and\n (b) name the member of the party, or the member of a related party, on whom the party relies for the claim; and\n (c) state the period during which the member was a member of the Commonwealth Parliament; and\n (d) be accompanied by documentary evidence that is necessary and sufficient to establish, or a declaration signed by the member:\n (i) that the member was a candidate for the party, or a related party, at an election; and\n (ii) that the member was elected at that time as a member of the Commonwealth Parliament; and\n (iii) if the party relies for the claim on a member of a related party—that the related party was, at that time, related to the party by whom the claim is made; and\n (e) if subparagraph (d)(iii) applies—be signed by the party secretaries of the party and the related party.\n\n(5) A person who was elected as a member of the Commonwealth Parliament must not be relied on by more than one political party for its claim, unless:\n\n (a) at a time when the person was a member of a political party, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament; and\n (b) at another time when the person was a member of another political party, the person was a candidate for the other party at another election, and was elected at that time as a member of the Commonwealth Parliament.\n\n(6) If more than one political party relies on the same person for its claim in contravention of subitem (5), then:\n\n (a) if at a time when the person was a member of one of the political parties, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament—that party may rely on the person; and\n (b) otherwise—the party:\n (i) that the Electoral Commission is satisfied is covered by subitem (2) or (3); and\n (ii) that makes the earliest claim;\n may rely on the person.\n\n(7) Before determining a claim made under this item, the Electoral Commission may make any inquiries that it considers appropriate to ascertain facts in relation to the claim.\n\n(8) A determination or decision by the Electoral Commission in respect of a claim made under this item is taken to be a reviewable decision for the purposes of section 141 of the Commonwealth Electoral Act 1918.\n\n4 Waiver of fee for re‑registration\n\nIf, within 12 months of the day on which item 2 commences, a political party that is deregistered by force of that item makes an application to be registered under section 126 of the Commonwealth Electoral Act 1918, the application need not be accompanied by a fee of $500 as required by paragraph 126(2)(g) of that Act.\n\n5 Freezing the Register of Political Parties\n\nDuring the period of 6 months commencing on the day on which this item commences:\n\n (a) a political party must not be added to, or deleted from, the Register of Political Parties; and\n (b) an entry on the Register must not be changed, other than to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n6 Election called during the year\n\nDespite this Schedule, if the writ for an election is issued during the period of 12 months commencing on the day on which this item commences, then for the purposes of the election, the Register of Political Parties as in force at the time this item commences is taken to be the Register of Political Parties. However, that Register may be changed to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n \n\nSchedule 4—Donations to political parties and independent candidates and members\n\nPart 1—Insertion of new Subdivision 30‑DA in the Income Tax Assessment Act 1997\n\n1 After Subdivision 30‑D\n\nInsert:\n\n#### Subdivision 30‑DA—Donations to political parties and independent candidates and members\n\n#### Guide to Subdivision 30‑DA\n\n#### 30‑241 What this Subdivision is about\n\nGenerally, you can deduct certain contributions and gifts to political parties, independent candidates and members.\n\nContributions and gifts must be at least $2 and there is a limit on the total amount that you can deduct.\n\nTable of sections\n\nOperative provisions\n\n30‑242 Deduction for political contributions and gifts\n\n30‑243 Amount of the deduction\n\n30‑244 When an individual is an independent candidate\n\n30‑245 When an individual is an independent member\n\n#### Operative provisions\n\n#### 30‑242 Deduction for political contributions and gifts\n\n (1) You can deduct any of the following for the income year in which they are made:\n (a) a contribution or gift to a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation;\n (b) a contribution or gift to an individual when the individual is an \\*independent candidate for a Commonwealth, State, Northern Territory or Australian Capital Territory election;\n (c) a contribution or gift to an individual who is, or was, an \\*independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory.\n (2) The contribution or gift must be of:\n (a) money; or\n (b) property that you purchased during the 12 months before making the contribution or gift.\n (3) The value of the contribution or gift must be at least $2.\n (4) You cannot deduct a testamentary contribution or gift under this Subdivision.\n (5) A contribution or gift to an individual who is, or was, an \\*independent member must be made:\n (a) when the individual is an independent member; or\n (b) if the individual ceases to be an independent member because:\n (i) a Parliament, a House of a Parliament or a Legislative Assembly is dissolved or has reached its maximum duration; or\n (ii) the individual comes up for election;\n after the individual ceases to be a member but before candidates for the resulting election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n#### 30‑243 Amount of the deduction\n\n (1) If the contribution or gift is money, the amount of the deduction is the amount of money.\n (2) If the contribution or gift is property, the amount of the deduction is the lesser of:\n (a) the market value of the property on the day that you made the contribution or gift; and\n (b) the amount that you paid for the property.\n $1,500 limit on deductions\n (3) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to political parties.\n (4) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to \\*independent candidates or \\*independent members.\n\n#### 30‑244 When an individual is an independent candidate\n\n (1) An individual is an independent candidate if:\n (a) the individual is a candidate in an election (including an election that is later declared void) for members of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory; and\n (b) the individual’s candidature is not endorsed by a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) However, an individual does not start being an \\*independent candidate until the candidates for the election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (3) An individual stops being an \\*independent candidate when the result of the election is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (4) If:\n (a) the election is taken to have wholly failed under the relevant electoral legislation; and\n (b) the result of the election has not been declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation;\n the individual stops being an \\*independent candidate in that election when candidates for the replacement election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n#### 30‑245 When an individual is an independent member\n\n (1) An individual is an independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory if the individual:\n (a) is a member of that Parliament or Legislative Assembly; and\n (b) the individual is not a member of a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) An individual who becomes a member as a result of an election (including an election that is later declared void) is taken to start being a member of the Parliament or Legislative Assembly when the individual’s election as a member is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n \n\nPart 2—Further amendment of the Income Tax Assessment Act 1997\n\n2 Subsection 30‑5(1)\n\nAfter “making”, insert “a contribution or gift to a political party, independent candidate or member, or”.\n\n3 Subsection 30‑5(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subdivision 30‑D deals with the deductibility of testamentary gifts under the Cultural Bequests Program.\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n4 Subsection 30‑15(2) (note)\n\nOmit “Note”, substitute “Note 1”.\n\n5 Subsection 30‑15(2) (after note 1)\n\nInsert:\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n6 Subsection 30‑15(2) (table item 3)\n\nRepeal the item.\n\n7 Subsection 30‑315(2) (table item 87)\n\nOmit “contributions”, substitute “parties and independent candidates and members”.\n\n8 Subsection 30‑315(2) (table item 87)\n\nOmit “item 3 of the table in section 30‑15”, substitute “Subdivision 30‑DA”.\n\n9 Subsection 995‑1(1)\n\nInsert:\n\n> independent candidate has the meaning given by section 30‑244.\n\n10 Subsection 995‑1(1)\n\nInsert:\n\n> independent member has the meaning given by section 30‑245.\n\n \n\nPart 3—Amendment of the Income Tax Assessment Act 1936\n\n11 Subsections 78A(2), (3) and (4)\n\nOmit “fund, authority or institution” (wherever occurring), substitute “fund, authority, institution or person”.\n\n \n\nPart 4—Application of amendments\n\n12 Application\n\nThe amendments made by this Schedule apply to contributions or gifts made on or after the day on which this Act receives the Royal Assent.\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 8 December 2005\n\nSenate on 13 June 2006\\]\n\n(185/05)","sortOrder":16},{"sectionNumber":"30‑241 What this Subdivision is about","sectionType":"section","heading":"30‑241 What this Subdivision is about","content":"#### 30‑241 What this Subdivision is about\n\nGenerally, you can deduct certain contributions and gifts to political parties, independent candidates and members.\n\nContributions and gifts must be at least $2 and there is a limit on the total amount that you can deduct.\n\nTable of sections\n\nOperative provisions\n\n30‑242 Deduction for political contributions and gifts\n\n30‑243 Amount of the deduction\n\n30‑244 When an individual is an independent candidate\n\n30‑245 When an individual is an independent member","sortOrder":17},{"sectionNumber":"Operative provisions","sectionType":"subdivision","heading":"Operative provisions","content":"An Act to amend the law relating to elections and referendums, and for related purposes\n\n\\[Assented to 22 June 2006\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

22 June 2006

2. Schedule 1, items 1 to 16

The day on which this Act receives the Royal Assent.

22 June 2006

3. Schedule 1, items 17 to 19

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 8 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

21 November 2006

(see F2006L03740)

4. Schedule 1, item 20

The day on which this Act receives the Royal Assent.

22 June 2006

5. Schedule 1, items 21 to 23

At the same time as the provision(s) covered by table item 3.

21 November 2006

6. Schedule 1, item 24

The day on which this Act receives the Royal Assent.

22 June 2006

7. Schedule 1, items 25 to 27

At the same time as the provision(s) covered by table item 3.

21 November 2006

8. Schedule 1, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

9. Schedule 1, items 29 to 35

At the same time as the provision(s) covered by table item 3.

21 November 2006

10. Schedule 1, item 36

The day on which this Act receives the Royal Assent.

22 June 2006

11. Schedule 1, items 37 and 38

The later of:

(a) immediately after the commencement of item 36 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

12. Schedule 1, items 39 to 91

The day on which this Act receives the Royal Assent.

22 June 2006

13. Schedule 1, item 92

The later of:

(a) immediately after the commencement of item 91 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

14. Schedule 1, items 93 to 114

The day on which this Act receives the Royal Assent.

22 June 2006

15. Schedule 1, items 115 and 116

The later of:

(a) immediately after the commencement of item 114 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

16. Schedule 1, items 117 to 132

The day on which this Act receives the Royal Assent.

22 June 2006

17. Schedule 1, item 133

The later of:

(a) immediately after the commencement of item 132 of Schedule 1 to this Act; and

(b) the commencement of section 3 of the Australian Citizenship Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2007

(see F2007L01653)

(paragraph (b) applies)

18. Schedule 1, item 134 to 139

The day on which this Act receives the Royal Assent.

22 June 2006

19. Schedule 2, items 1 to 27

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

20. Schedule 2, item 28

The day on which this Act receives the Royal Assent.

22 June 2006

21. Schedule 2, item 29

The day on which the Bill for this Act is introduced into the Parliament.

8 December 2005

22. Schedules 3 and 4

The day on which this Act receives the Royal Assent.

22 June 2006

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Main amendments\n\nCommonwealth Electoral Act 1918\n\n1 Subsection 4(1)\n\nInsert:\n\n> Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.\n\n2 Subsection 4(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1B).\n\n3 Subsection 4(1)\n\nInsert:\n\n> sentence of imprisonment has the meaning given subsection (1A).\n\n4 After subsection 4(1)\n\nInsert:\n\n (1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if:\n (a) the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and\n (b) that detention is attributable to the sentence of imprisonment concerned.\n (1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B.\n\n5 Subsection 17(2A)\n\nOmit “305(1), 305A(1) or 309(4)”, substitute “305A(1) or (1A)”.\n\n6 Section 38\n\nRepeal the section, substitute:\n\n#### 38 Offices of Divisional Returning Officers\n\n (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.\n (2) However, subsection (1) does not apply if:\n (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and\n (b) either:\n (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or\n (ii) the office is currently being relocated within the Division.\n (3) A written authority given under subsection (1) is not a legislative instrument.\n\n7 Application of item 6\n\nThe amendment made by item 6 applies to offices located after the commencement of this item.\n\n8 Subsection 90B(4) (at the end of the table)\n\nAdd:\n\n| 5 | a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and(b) on payment of the fee (if any) payable under subsection (9). |\n| --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n9 Paragraph 90B(9)(b)\n\nOmit “3 or 4”, substitute “3, 4 or 5”.\n\n10 After subsection 91A(2B)\n\nInsert:\n\n (2C) For information provided under item 5 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.\n\n11 At the end of subsection 91B(3)\n\nAdd “(other than information provided under item 5 of the table in subsection 90B(4) that is used for a permitted purpose)”.\n\n12 Subsection 92(1)\n\nOmit “all police, statistical, and electoral officers in the service of any State or Territory,”, substitute “a State or a Territory,”.\n\n13 Subsection 93(2)\n\nOmit “(4) and (5)”, substitute “(4), (5) and (8AA)”.\n\n14 Paragraph 93(8)(b)\n\nRepeal the paragraph.\n\n15 Subsection 93(8AA)\n\nRepeal the subsection, substitute:\n\n (8AA) A person who is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory is not entitled to vote at any Senate election or House of Representatives election.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n16 Application of items 14 and 15\n\nThe amendments made by items 14 and 15 apply to sentences beginning before, on or after the commencement of this item.\n\n17 Paragraph 94A(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n18 At the end of subsection 94A(2)\n\nAdd:\n\n ; and (e) must be supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n19 After subsection 94A(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n20 Paragraph 94A(4)(a)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n21 Paragraph 95(2)(c)\n\nOmit “subsection”, substitute “subsections (2AA) and”.\n\n22 At the end of subsection 95(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the person’s identity that is required by the regulations (but see subsection (2AB)).\n\n23 After subsection 95(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n24 Subsection 95(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n25 At the end of paragraph 96(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n26 At the end of subsection 96(2)\n\nAdd:\n\n ; and (d) supported by the evidence of the applicant’s identity that is required by the regulations (but see subsection (2AB)).\n\n27 After subsection 96(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n28 Subsection 96(4)\n\nOmit “the day of the close of the Rolls”, substitute “the date of the writ”.\n\n29 Before section 98\n\nInsert:\n\n#### 98AA Regulations\n\n (1) If regulations are made to implement a requirement of this Part or Part VII, in relation to identification for enrolment, the regulations must require the applicant for enrolment to:\n (a) provide documentary evidence of his or her name by providing his or her driver’s licence number; or\n (b) if the applicant does not possess a driver’s licence—show to an elector in a prescribed class of electors a prescribed kind of document that identifies the applicant; or\n (c) otherwise—have the application countersigned by two electors who:\n (i) can confirm the applicant’s name; and\n (ii) have known the applicant for at least one month.\n (2) The regulations may impose additional requirements in relation to identification for enrolment.\n\n30 At the end of paragraph 98(2)(c)\n\nAdd “(but see subsection (2AA))”.\n\n31 At the end of subsection 98(2)\n\nAdd:\n\n ; and (d) be supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (2AB)).\n\n32 After subsection 98(2)\n\nInsert:\n\n (2AA) The requirement in paragraph (2)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n33 Paragraph 99A(4)(c)\n\nAfter “handwriting”, insert “(but see subsection (4A))”.\n\n34 At the end of subsection 99A(4)\n\nAdd:\n\n ; and (e) supported by the evidence of the claimant’s identity that is required by the regulations (but see subsection (4B)).\n\n35 After subsection 99A(4)\n\nInsert:\n\n (4A) The requirement in paragraph (4)(c) does not apply once the regulations in relation to evidentiary requirements for enrolment are in operation.\n (4B) To avoid doubt, the requirement in paragraph (4)(e) does not apply unless regulations are in operation for the purposes of that paragraph when the application is made.\n\n36 After section 99A\n\nInsert:\n\n#### 99B Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed date for polling for an election for the Subdivision; or\n (ii) a writ for an election for the Subdivision has been issued; and\n (b) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the date of the writ; and\n (ii) the polling day for the election; and\n (c) the person is not enrolled; and\n (d) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the polling day (see paragraph 6 of Schedule 3).\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed date for polling for the election and the date of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the election; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision to which the application relates; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the polling day for the election, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim for enrolment for the Subdivision to which the application relates; and\n (c) sections 102, 103 and 104 apply to the application as if it were a claim made under section 101.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n37 Paragraph 99B(1)(b)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n38 Subsection 99B(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n39 Subsection 102(1)\n\nOmit “subsection (4)”, substitute “subsections (4) and (4AA)”.\n\n40 Subsection 102(2A)\n\nOmit “the day on which the Rolls for the election close”, substitute “the date of the writ or writs for the election”.\n\n41 Subsection 102(4)\n\nRepeal the subsection, substitute:\n\n (4) If a claim by a person for enrolment under section 101 (other than a claim that is taken, by subsection 99B(6), to be made under section 101) is received during the period:\n (a) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AA) If a claim by a person for transfer of enrolment under section 101, or a claim that is taken, by subsection 99B(6), to be made under section 101, is received during the period:\n (a) beginning at 8 pm on the date of the close of the Rolls for an election for the Division to which the claim relates; and\n (b) ending at the close of the polling at the election;\n then the claim must not be considered until after the end of the period.\n (4AB) A claim that is taken, by subsection 100(2), to be made under section 101:\n (a) is to be treated in accordance with subsection (4AA) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the date of the writ or writs for an election for the Division to which the claim relates; and\n (ii) ending at the end of the polling day for the election; and\n (b) otherwise—is to be treated in accordance with subsection (4).\n\n42 Paragraph 102(4A)(a)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n43 Subparagraph 102(4A)(b)(ii)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n44 Subsection 102(4B)\n\nOmit “subsection (4)” (first occurring), substitute “subsections (4) and (4AA)”.\n\n45 Paragraphs 102(4B)(a) and (b)\n\nAfter “(4)”, insert “or (4AA) (as the case requires)”.\n\n46 Paragraphs 105(1)(b) and (ba)\n\nRepeal the paragraphs.\n\n47 Subsection 105(1A)\n\nOmit “(1)(ba) or (h)”, substitute “(1)(h)”.\n\n48 Subsection 105(3A)\n\nRepeal the subsection.\n\n49 Subsection 105(4)\n\nRepeal the subsection, substitute:\n\n (4) If a vote is:\n (a) admitted to further scrutiny at a preliminary scrutiny of declaration votes because of paragraph 12 of Schedule 3; or\n (b) admitted to further scrutiny at a preliminary scrutiny conducted under section 89A of the Referendum (Machinery Provisions) Act 1984 because of paragraph 11 of Schedule 4 to that Act;\n the Divisional Returning Officer for the relevant Division must enter the elector’s name on the Roll for the Subdivision for which, but for the error or mistake, the name would have appeared.\n\n50 Section 109\n\nRepeal the section, substitute:\n\n#### 109 Lists of convictions to be forwarded\n\n (1) The Controller‑General of Prisons must, as soon as practicable after the beginning of each month, forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n during the preceding month.\n\n> Note: For the definition of sentence of imprisonment, see subsection 4(1A).\n\n (2) Within 4 days of the date of the writ for an election for a Division in a State, the Controller‑General of Prisons must forward to the Australian Electoral Officer a list of:\n (a) the names, addresses, occupations and sexes of all persons who:\n (i) were convicted in the State; and\n (ii) began serving a sentence of imprisonment for any offence; and\n (b) the names, addresses, occupations and sexes of all persons who ceased to serve a sentence of imprisonment for any offence;\n between the time the last list was forwarded by the Controller‑General under subsection (1) and the date of the writ.\n\n51 Subsection 118(5)\n\nOmit “the close of the Rolls”, substitute “8 pm on the date of the writ”.\n\n52 Section 155\n\nRepeal the section, substitute:\n\n#### 155 Date for close of Rolls\n\n (1) The date fixed for the close of the Rolls is the third working day after the date of the writ.\n\n> Note: However, generally names are not added to or removed from the Rolls after the date of the writ.\n\n (2) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n53 Paragraph 170(3)(a)\n\nOmit “$700”, substitute “$1,000”.\n\n54 Paragraph 170(3)(b)\n\nOmit “$350”, substitute “$500”.\n\n55 Section 182\n\nBefore “In this”, insert “(1)”.\n\n56 At the end of section 182\n\nAdd:\n\n (2) In this Part (other than in sections 184A to 186) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 183(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n57 Section 183\n\nBefore “An elector”, insert “(1)”.\n\n58 At the end of section 183\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n59 Section 200A\n\nBefore “An elector”, insert “(1)”.\n\n60 At the end of section 200A\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n61 At the end of subsection 208(2)\n\nAdd:\n\n ; and (c) is not covered by subsection 93(8AA) (sentences of imprisonment).\n\n62 Subsection 221(3)\n\nAfter “polling in the election”, insert “, or a person who is covered by subsection 93(8AA) (sentences of imprisonment)”.\n\n63 After subsection 222(1)\n\nInsert:\n\n (1A) On polling day a person who is provisionally enrolled is entitled to vote as an absent voter, on making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n64 Subsection 222(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n65 Subsection 222(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n66 Subsection 226A(1) (note)\n\nAfter “93(8)”, insert “, (8AA)”.\n\n67 Subsection 232(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n68 Subsection 233(2)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n69 Paragraphs 234(4)(a) and 234A(8)(a)\n\nAfter “subsection 222(1)”, insert “or (1A)”.\n\n70 At the end of subsection 235(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n71 After subsection 235(1)\n\nInsert:\n\n (1A) In this Part (other than section 245) and in Schedule 3:\n (a) a reference to an elector includes a reference to a person who casts a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) applies) may cast a provisional vote on the polling day for an election if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the polling day.\n\n> Note: The regulations are made under subsection (9).\n\n72 At the end of section 235\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n73 At the end of paragraph 268(1)(e)\n\nAdd “or (1A)”.\n\n74 Subsection 287(1) (definition of associated entity)\n\nRepeal the definition, substitute:\n\n> associated entity means:\n\n (a) an entity that is controlled by one or more registered political parties; or\n (b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or\n (c) an entity that is a financial member of a registered political party; or\n (d) an entity on whose behalf another person is a financial member of a registered political party; or\n (e) an entity that has voting rights in a registered political party; or\n (f) an entity on whose behalf another person has voting rights in a registered political party.\n\n75 Subsection 287(1) (definition of broadcaster)\n\nRepeal the definition.\n\n76 Subsection 287(1) (paragraph (f) of the definition of disclosure period)\n\nOmit “305(1) or 305A(1)”, substitute “305A(1) or (1A)”.\n\n77 Subsection 287(1)\n\nInsert:\n\n> financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.\n\n78 Section 305\n\nRepeal the section.\n\n79 Subsections 305A(1), (2) and (3)\n\nRepeal the subsections, substitute:\n\n (1) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (1A) A person must provide a return in accordance with this section if:\n (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any person or body (whether incorporated or not) specified, by legislative instrument, by the Electoral Commission; and\n (b) the total amount or value of the gift or gifts was:\n (i) equal to or more than the amount prescribed for the purposes of this paragraph; or\n (ii) if no amount is prescribed—more than $10,000; and\n (c) at the time the person makes the gift or gifts the person is not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) an associated entity; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return setting out the required details of:\n (a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and\n (b) all gifts of more than $10,000, received by the person at any time, that the person used during the period (either wholly or partly):\n (i) to enable the person to make the gifts mentioned in paragraph (a); or\n (ii) to reimburse the person for making such gifts.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2A) For the purposes of subsection (2), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.\n (3) The return must:\n (a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election; and\n (b) be in the approved form.\n\nNote: The headings to sections 305A and 305B are altered by omitting “Donations” and substituting “Gifts”.\n\n80 Paragraph 308(1)(e)\n\nAfter “section 328”, insert “, 328A”.\n\n81 Subsections 309(4) and (5)\n\nRepeal the subsections.\n\n82 Sections 310 and 311\n\nRepeal the sections.\n\n83 Division 5A of Part XX (heading)\n\nRepeal the heading, substitute:\n\n### Division 5A—Annual returns by registered political parties and other persons\n\n84 After section 314AEA\n\nInsert:\n\n#### 314AEB Annual returns relating to political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person incurred expenditure for any of the following purposes during the year, by or with his or her own authority:\n (i) the public expression of views on a political party, a candidate in an election or a member of the House of Representatives or the Senate by any means;\n (ii) the public expression of views on an issue in an election by any means;\n (iii) the printing, production, publication or distribution of any material (not being material referred to in subparagraph (i) or (ii)) that is required under section 328 or 328A to include a name, address or place of business;\n (iv) the broadcast of political matter in relation to which particulars are required to be announced under subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992;\n (v) the carrying out of an opinion poll, or other research, relating to an election or the voting intentions of electors; and\n (b) the amount of the expenditure incurred was more than $10,000; and\n (c) at the time the person gave the authority the person was not:\n (i) a registered political party; or\n (ii) a State branch of a registered political party; or\n (iii) the Commonwealth (including a Department of the Commonwealth, an Executive Agency or a Statutory Agency (within the meaning of the Public Service Act 1999)); or\n (iiia) a member of the House of Representatives or the Senate; or\n (iv) a candidate in an election; or\n (v) a member of a group.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out details of the expenditure incurred.\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n\n#### 314AEC Annual returns relating to gifts received for political expenditure\n\n (1) A person must provide a return for a financial year in accordance with this section if:\n (a) the person is required to provide a return for the year under section 314AEB; and\n (b) the person received a gift or gifts, at any time, that the person used during the year (either wholly or partly):\n (i) to enable the person to incur expenditure for a purpose mentioned in paragraph 314AEB(1)(a); or\n (ii) to reimburse the person for incurring expenditure for such a purpose; and\n (c) the amount of at least one such gift was more than $10,000.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) The person must provide to the Electoral Commission a return for the financial year setting out the following details in respect of each gift of more than $10,000 that is mentioned in paragraph (1)(b):\n (a) the amount of the gift;\n (b) the date on which the gift was made;\n (c) in the case of a gift made on behalf of the members of an unincorporated association (other than a registered industrial organisation):\n (i) the name of the association; and\n (ii) the names and addresses of the members of the executive committee (however described) of the association;\n (d) in the case of a gift purportedly made out of a trust fund, or out of the funds of a foundation:\n (i) the names and addresses of the trustees of the fund, or of the funds of the foundation; and\n (ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;\n (e) in any other case—the name and address of the person who made the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (3) The return must:\n (a) be provided before the end of 20 weeks after the end of the financial year; and\n (b) be in the approved form.\n (4) For the purposes of subsection (2), 2 or more gifts made, during the financial year, by the same person to another person are taken to be one gift.\n\n85 Application of item 84\n\nThe amendment made by item 84 applies to the 2006‑07 financial year and later financial years.\n\n86 Section 318A\n\nRepeal the section.\n\n87 After section 328\n\nInsert:\n\n#### 328A Publication of electoral advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an electoral advertisement on the Internet; or\n (ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and\n (b) the electoral advertisement is intended to affect voting in an election; and\n (c) the electoral advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n88 Subsection 351(5)\n\nAfter “section 328”, insert “or 328A”.\n\n89 After paragraph 385A(1)(a)\n\nInsert:\n\n (aa) an electoral advertisement published on the Internet that includes a statement that it was authorised by a specified person is admissible as evidence of that fact; and\n\n90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3\n\nAdd “and”.\n\n91 After subparagraph 6(c) of Schedule 3\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) applies) did not provide evidence of his or her identity in accordance with section 235 at the time of casting the vote, the elector has provided that evidence by the first Friday following the polling day for that election; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n92 Subparagraph 6(cb) of Schedule 3\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007; and”.\n\n93 Subparagraph 10(b) of Schedule 3\n\nOmit “or 13A”.\n\n94 Subparagraph 10(ba) of Schedule 3\n\nRepeal the paragraph.\n\n95 Subparagraph 11(b) of Schedule 3\n\nOmit “or 13A”.\n\n96 At the end of paragraph 12 of Schedule 3\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A).\n\n97 Paragraphs 13A to 13D of Schedule 3\n\nRepeal the paragraphs.\n\n98 Paragraph 14 of Schedule 3\n\nOmit “paragraphs 13, 13B and 13D”, substitute “paragraph 13”.\n\n99 Paragraph 19 of Schedule 3\n\nOmit “10(ba) or (c)”, substitute “10(c)”.\n\nElectoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004\n\n100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30)\n\nRepeal the items.\n\n101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1\n\nRepeal the items.\n\nReferendum (Machinery Provisions) Act 1984\n\n102 Subsection 3(1)\n\nInsert:\n\n> provisionally enrolled has the meaning given by subsection (1A).\n\n103 After subsection 3(1)\n\nInsert:\n\n (1A) A person is provisionally enrolled if:\n (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or\n (b) the person is provisionally enrolled under section 38 of this Act.\n\n104 Paragraph 4(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) claims for enrolment under section 101 of the Commonwealth Electoral Act 1918 (other than claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act) that are received during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n (aa) claims for transfer of enrolment under section 101 of the Commonwealth Electoral Act 1918, and claims that are taken, by subsection 99B(6) of that Act, to be made under section 101 of that Act, that are received during the period:\n (i) beginning at 8 pm on the day for which the Rolls for a referendum close; and\n (ii) ending on the close of voting at the referendum;\n must not be considered until after the end of the period; and\n\n105 Paragraph 4(2)(b)\n\nOmit “the close of the Rolls”, substitute “the day of the issue of the writ”.\n\n106 At the end of section 4\n\nAdd:\n\n (3) A claim that is taken, by subsection 100(2) of the Commonwealth Electoral Act 1918, to be made under section 101 of that Act:\n (a) is to be treated in accordance with paragraph (2)(aa) if the claim is made by a person who will turn 18 years old during the period:\n (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and\n (ii) ending at the end of the voting day for the referendum; and\n (b) otherwise—is to be treated in accordance with paragraph (2)(a).\n\n107 Subsection 9(1)\n\nOmit “7 days”, substitute “3 working days”.\n\n108 At the end of section 9\n\nAdd:\n\n (3) In this section:\n\n> working day means any day except:\n\n (a) a Saturday or a Sunday; or\n (b) a day that is a public holiday in any State or Territory.\n\n109 Subsection 34(2)\n\nAfter “subsection 46(1)”, insert “or (1A)”.\n\n110 Paragraphs 36(4)(a) and 36A(8)(a)\n\nAfter “46(1)”, insert “or (1A)”.\n\n111 At the end of subsection 37(1)\n\nAdd:\n\n ; or (e) the person is provisionally enrolled.\n\n112 After subsection 37(1)\n\nInsert:\n\n (1A) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.\n (1B) A person to whom this section applies (other than a person to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) may cast a provisional vote on the voting day for a referendum if the person provides the evidence of the person’s identity that is required by the regulations either:\n (a) at the time the person casts the provisional vote; or\n (b) by the first Friday following the voting day.\n\n> Note: The regulations are made under subsection (9).\n\n113 At the end of section 37\n\nAdd:\n\n Regulations\n (9) If regulations are made to implement a requirement of subsection (1B) in relation to identification for provisional voting, the regulations must require the person claiming to vote to provide documentary evidence of the person’s name by showing either of the following to an officer:\n (a) the person’s driver’s licence;\n (b) a prescribed kind of document that identifies the person.\n (10) The regulations may impose additional requirements in relation to identification for provisional voting.\n\n114 After section 37\n\nInsert:\n\n#### 38 Provisional enrolment by applicant for citizenship\n\n Application by those about to become Australian citizens\n (1) A person may apply to a Divisional Returning Officer for provisional enrolment for a Subdivision if, at the time of making the application:\n (a) either:\n (i) a public announcement has been made of the proposed voting day for a referendum; or\n (ii) a writ for a referendum has been issued; and\n (b) the voting day for the referendum is not the same as that fixed for the polling at an election; and\n (c) the person has been notified by the Immigration Department that the person will be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 between:\n (i) the day of the issue of writ; and\n (ii) the voting day for the referendum; and\n (d) the person is not enrolled; and\n (e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.\n\n> Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal, pre‑poll, absent or provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the voting day (see paragraph 6 of Schedule 4).\n\n> Note 2: A person may make a similar application under section 99B of the Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election.\n\n Requirements for application\n (2) An application must:\n (a) be in the approved form; and\n (b) be signed by the person (but see subsection (3)); and\n (c) be made between the following times:\n (i) the earlier of the public announcement of the proposed voting day for the referendum and the day of the issue of the writ;\n (ii) 8 pm on the day of the close of the Rolls for the referendum; and\n (d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.\n (3) A person may fill out and sign an application under this section, on behalf of another person (the applicant), in accordance with the directions of the applicant if:\n (a) the applicant wishes to make the application; and\n (b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.\n (4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:\n (a) all of the following apply:\n (i) the original notification is shown to an officer;\n (ii) the officer attests that he or she has sighted the notification;\n (iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or\n (b) all of the following apply:\n (i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;\n (ii) the elector attests that he or she has sighted the notification;\n (iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.\n Divisional Returning Officer to keep records\n (5) If a person makes an application in accordance with this section, then:\n (a) the person is provisionally enrolled under this section for the Subdivision for which the person would be provisionally enrolled if he or she had made an application under section 99B of the Commonwealth Electoral Act 1918; and\n (b) the Divisional Returning Officer for the relevant Division must keep a record of the details of the application.\n Confirmation of citizenship\n (6) If, by the first Friday following the voting day for the referendum, the person provides an officer with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors, then:\n (a) the provisional enrolment ceases; and\n (b) the application is taken to be a claim under the Commonwealth Electoral Act 1918 for enrolment for the Subdivision mentioned in paragraph (5)(a); and\n (c) sections 102, 103 and 104 of the Commonwealth Electoral Act 1918 apply to the application as if it were a claim made under section 101 of that Act.\n (7) Otherwise, the Divisional Returning Officer for the relevant Division must notify the person, in writing, that the person’s provisional enrolment has ceased.\n\n115 Paragraph 38(1)(c)\n\nOmit “be granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948”, substitute “become an Australian citizen under the Australian Citizenship Act 2007”.\n\n116 Subsection 38(6)\n\nOmit “with the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors”, substitute “with evidence that the person has become an Australian citizen”.\n\n117 After subsection 46(1)\n\nInsert:\n\n (1A) On voting day for a referendum, a person who is provisionally enrolled is entitled to vote as an absent voter, after making a declaration in an approved form, at any polling place within the State or Territory for which he or she is provisionally enrolled at which a polling booth is open (other than a polling place for the Division for which he or she is provisionally enrolled).\n (1B) In this Part (other than section 45) and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n118 Subsection 46(2)\n\nOmit “subsection (1)”, substitute “subsections (1) and (1A)”.\n\n119 Subsection 46(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n120 Paragraph 46(9)(a)\n\nAfter “222(1)”, insert “or (1A)”.\n\n121 Paragraph 46(9)(a)\n\nAfter “subsection (1)”, insert “or (1A) (as the case requires)”.\n\n122 Section 53\n\nBefore “In this”, insert “(1)”.\n\n123 At the end of section 53\n\nAdd:\n\n (2) In this Part and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 54(2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n124 Section 54\n\nBefore “An elector”, insert “(1)”.\n\n125 At the end of section 54\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a postal vote.\n\n126 Section 72\n\nBefore “An elector”, insert “(1)”.\n\n127 At the end of section 72\n\nAdd:\n\n (2) A person who is provisionally enrolled may apply for a pre‑poll vote.\n (3) In this Part and in Schedule 4:\n (a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and\n (b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the person is provisionally enrolled.\n\n128 Part IX\n\nRepeal the Part.\n\n129 After section 121\n\nInsert:\n\n#### 121A Publication of advertisements on the Internet\n\n (1) A person commits an offence if:\n (a) either:\n (i) the person publishes an advertisement relating to a referendum on the Internet; or\n (ii) the person causes, permits or authorises an advertisement relating to a referendum to be published on the Internet; and\n (b) the advertisement is intended to affect voting in the referendum; and\n (c) the advertisement is paid for by the person or another person; and\n (d) the name and address of the person who authorised the advertisement does not appear at the end of the advertisement.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).\n (4) In this section:\n\n> address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.\n\n130 Section 136\n\nRepeal the section.\n\n131 At the end of subparagraphs 6(a), (b) and (c) of Schedule 4\n\nAdd “and”.\n\n132 After subparagraph 6(c) of Schedule 4\n\nInsert:\n\n (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) did not provide evidence of his or her identity in accordance with section 37 at the time of casting the vote, the elector has provided that evidence by the first Friday following the voting day for that referendum; and\n (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with:\n (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or\n (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and\n\n133 Subparagraph 6(cb) of Schedule 4\n\nOmit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007”.\n\n134 Subparagraph 10(b) of Schedule 4\n\nOmit “or 12A”.\n\n135 Subparagraph 10(ba) of Schedule 4\n\nRepeal the paragraph.\n\n136 At the end of paragraph 11 of Schedule 4\n\nAdd:\n\n ; and (iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918.\n\n137 Paragraphs 12A to 12D of Schedule 4\n\nRepeal the paragraphs.\n\n138 Paragraph 13 of Schedule 4\n\nOmit “paragraphs 12, 12B and 12D”, substitute “paragraph 12”.\n\n139 Paragraph 17 of Schedule 4\n\nOmit “10(a), (b) or (ba)”, substitute “10(a) or (b)”.\n\n \n\nSchedule 2—Amendments to thresholds\n\nCommonwealth Electoral Act 1918\n\n1 Subparagraph 304(5)(b)(ii)\n\nOmit “less than $200”, substitute “$10,000 or less”.\n\n2 Paragraph 304(5)(c)\n\nOmit “less than $1,000”, substitute “$10,000 or less”.\n\n3 At the end of subsection 304(5)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n4 Paragraph 304(6)(b)\n\nOmit “is equal to or exceeds $200”, substitute “exceeds $10,000”.\n\n5 Paragraph 304(6)(c)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n6 At the end of subsection 304(6)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n7 Subsection 305B(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n8 At the end of subsection 305B(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n9 Subsection 305B(3A)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n10 Subsection 305B(3A)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n11 At the end of subsection 305B(3A)\n\nAdd:\n\n> Note: The dollar amounts mentioned in this subsection are indexed under section 321A.\n\n12 Subsections 306(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) It is unlawful for:\n (a) a political party; or\n (b) a State branch of a political party; or\n (c) a person acting on behalf of a political party or a State branch of a political party;\n to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n (2) It is unlawful for:\n (a) a candidate; or\n (b) a member of a group; or\n (c) a person acting on behalf of a candidate or group;\n to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which exceeds $10,000, unless:\n (d) the name and address of the person making the gift are known to the person receiving the gift; or\n (e) at the time when the gift is made:\n (i) the person making the gift gives to the person receiving the gift his or her name and address; and\n (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n13 Subsection 306A(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n14 At the end of subsection 306A(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n15 Subsection 306A(2)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n16 At the end of subsection 306A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n17 Paragraph 306B(a)\n\nOmit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”.\n\n18 At the end of section 306B\n\nAdd:\n\n> Note 3: The dollar amount mentioned in this section is indexed under section 321A.\n\n19 Subsection 311A(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n20 At the end of subsection 311A(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n21 Subsection 314AC(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n22 At the end of subsection 314AC(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n23 Subsection 314AC(2)\n\nOmit “less than $1,500”, substitute “$10,000 or less”.\n\n24 At the end of subsection 314AC(2)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n25 Subsection 314AE(1)\n\nOmit “$1,500 or more”, substitute “more than $10,000”.\n\n26 At the end of subsection 314AE(1)\n\nAdd:\n\n> Note: The dollar amount mentioned in this subsection is indexed under section 321A.\n\n27 At the end of Part XX\n\nAdd:\n\n#### 321A Indexation of amounts\n\n (1) This section applies to the dollar amounts mentioned in the following provisions:\n (a) subparagraph 304(5)(b)(ii);\n (b) paragraph 304(5)(c);\n (c) paragraphs 304(6)(b) and (c);\n (d) section 305A;\n (e) subsections 305B(1) and (3A);\n (f) subsections 306(1) and (2);\n (g) subsections 306A(1) and (2);\n (h) paragraph 306B(a);\n (i) subsection 311A(2);\n (j) subsections 314AC(1) and (2);\n (k) subsection 314AE(1).\n (2) The dollar amount mentioned in the provision, for an indexation year whose indexation factor is greater than 1, is replaced by the amount worked out using the following formula (rounded to the nearest $100):\n\n![](image.002.png)\n\n (3) The dollar amount mentioned in the provision for an indexation year is not replaced in respect of a disclosure period in relation to an election if the indexation year begins between the issue of the writ for the election and the polling day for the election.\n (4) The indexation factor for an indexation year is the number worked out using the following formula:\n\n![](image.003.png)\n\n (5) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the fourth decimal place is more than 4.\n (6) Calculations under subsection (4):\n (a) are to be made using only the March index numbers published in terms of the most recently published reference base for the Consumer Price Index; and\n (b) are to be made disregarding March index numbers that are published in substitution for previously published March index numbers (except where the substituted numbers are published to take account of changes in the reference base).\n (7) In this section:\n\n> indexation year means the financial year commencing on 1 July 2006, and each subsequent financial year.\n\n> March index number means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of the 3 months ending on 31 March.\n\n28 At the end of subsection 321A(1)\n\nAdd:\n\n ; (m) paragraph 314AEB(1)(b);\n (n) paragraph 314AEC(1)(c);\n (o) subsection 314AEC(2).\n\n29 Application of this Schedule\n\n(1) The amendments made by this Schedule (other than item 28) apply to:\n\n (a) that part of the 2005‑06 financial year that commences on the day on which the Bill for this Act is introduced into the Parliament; and\n (b) later financial years.\n\n(2) The amendment made by item 28 applies to the 2006‑07 financial year and later financial years.\n\n \n\nSchedule 3—Deregistration of certain political parties\n\n1 Definitions\n\nIn this Schedule:\n\nElectoral Commission has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nParliamentary party has the meaning given by subsection 123(1) of the Commonwealth Electoral Act 1918.\n\npolitical party has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918.\n\nrelated party has the meaning given by subsection 123(2) of the Commonwealth Electoral Act 1918.\n\nregistered officer has the meaning given by section 4C of the Commonwealth Electoral Act 1918.\n\nRegister of Political Parties means the Register established under section 125 of the Commonwealth Electoral Act 1918.\n\n2 Deregistration of certain political parties\n\n(1) A political party that is registered under Part XI of the Commonwealth Electoral Act 1918 at the time this item commences is deregistered by force of this item, 6 months after that time, unless the party is covered by subitem 3(1), (2) or (3).\n\n(2) The Electoral Commission must notify a political party in writing if the party is deregistered by force of this item.\n\n3 Political parties that are not deregistered\n\n(1) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament, but before this item commences:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission has determined that the party is an eligible political party for the purposes of section 138A of the Commonwealth Electoral Act 1918.\n\n(2) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament:\n\n (a) the party is a Parliamentary party; and\n (b) the Electoral Commission notifies the party of the requirement to provide information for the purposes of section 138A of the Commonwealth Electoral Act 1918, which the party provides within 3 months of the date of the notification; and\n (c) within 6 months of this item commencing, the Electoral Commission has determined that the party is an eligible political party for the purposes of that section.\n\n(3) A political party is not deregistered by force of item 2 if:\n\n (a) within 3 months of this item commencing, the party claims, in accordance with subitem (4), that the party should not be deregistered; and\n (b) within 6 months of this item commencing, the Electoral Commission is satisfied that either:\n (i) a member of the party was a candidate for the party at an election and was elected at that time as a member of the Commonwealth Parliament; or\n (ii) a member of a related party was a candidate for the related party at an election and was elected at that time as a member of the Commonwealth Parliament.\n\n(4) A claim under this item must:\n\n (a) be made by the person who is the registered officer of the political party; and\n (b) name the member of the party, or the member of a related party, on whom the party relies for the claim; and\n (c) state the period during which the member was a member of the Commonwealth Parliament; and\n (d) be accompanied by documentary evidence that is necessary and sufficient to establish, or a declaration signed by the member:\n (i) that the member was a candidate for the party, or a related party, at an election; and\n (ii) that the member was elected at that time as a member of the Commonwealth Parliament; and\n (iii) if the party relies for the claim on a member of a related party—that the related party was, at that time, related to the party by whom the claim is made; and\n (e) if subparagraph (d)(iii) applies—be signed by the party secretaries of the party and the related party.\n\n(5) A person who was elected as a member of the Commonwealth Parliament must not be relied on by more than one political party for its claim, unless:\n\n (a) at a time when the person was a member of a political party, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament; and\n (b) at another time when the person was a member of another political party, the person was a candidate for the other party at another election, and was elected at that time as a member of the Commonwealth Parliament.\n\n(6) If more than one political party relies on the same person for its claim in contravention of subitem (5), then:\n\n (a) if at a time when the person was a member of one of the political parties, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament—that party may rely on the person; and\n (b) otherwise—the party:\n (i) that the Electoral Commission is satisfied is covered by subitem (2) or (3); and\n (ii) that makes the earliest claim;\n may rely on the person.\n\n(7) Before determining a claim made under this item, the Electoral Commission may make any inquiries that it considers appropriate to ascertain facts in relation to the claim.\n\n(8) A determination or decision by the Electoral Commission in respect of a claim made under this item is taken to be a reviewable decision for the purposes of section 141 of the Commonwealth Electoral Act 1918.\n\n4 Waiver of fee for re‑registration\n\nIf, within 12 months of the day on which item 2 commences, a political party that is deregistered by force of that item makes an application to be registered under section 126 of the Commonwealth Electoral Act 1918, the application need not be accompanied by a fee of $500 as required by paragraph 126(2)(g) of that Act.\n\n5 Freezing the Register of Political Parties\n\nDuring the period of 6 months commencing on the day on which this item commences:\n\n (a) a political party must not be added to, or deleted from, the Register of Political Parties; and\n (b) an entry on the Register must not be changed, other than to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n6 Election called during the year\n\nDespite this Schedule, if the writ for an election is issued during the period of 12 months commencing on the day on which this item commences, then for the purposes of the election, the Register of Political Parties as in force at the time this item commences is taken to be the Register of Political Parties. However, that Register may be changed to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918.\n\n \n\nSchedule 4—Donations to political parties and independent candidates and members\n\nPart 1—Insertion of new Subdivision 30‑DA in the Income Tax Assessment Act 1997\n\n1 After Subdivision 30‑D\n\nInsert:\n\n#### Subdivision 30‑DA—Donations to political parties and independent candidates and members\n\n#### Guide to Subdivision 30‑DA\n\n#### 30‑241 What this Subdivision is about\n\nGenerally, you can deduct certain contributions and gifts to political parties, independent candidates and members.\n\nContributions and gifts must be at least $2 and there is a limit on the total amount that you can deduct.\n\nTable of sections\n\nOperative provisions\n\n30‑242 Deduction for political contributions and gifts\n\n30‑243 Amount of the deduction\n\n30‑244 When an individual is an independent candidate\n\n30‑245 When an individual is an independent member\n\n#### Operative provisions\n\n#### 30‑242 Deduction for political contributions and gifts\n\n (1) You can deduct any of the following for the income year in which they are made:\n (a) a contribution or gift to a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation;\n (b) a contribution or gift to an individual when the individual is an \\*independent candidate for a Commonwealth, State, Northern Territory or Australian Capital Territory election;\n (c) a contribution or gift to an individual who is, or was, an \\*independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory.\n (2) The contribution or gift must be of:\n (a) money; or\n (b) property that you purchased during the 12 months before making the contribution or gift.\n (3) The value of the contribution or gift must be at least $2.\n (4) You cannot deduct a testamentary contribution or gift under this Subdivision.\n (5) A contribution or gift to an individual who is, or was, an \\*independent member must be made:\n (a) when the individual is an independent member; or\n (b) if the individual ceases to be an independent member because:\n (i) a Parliament, a House of a Parliament or a Legislative Assembly is dissolved or has reached its maximum duration; or\n (ii) the individual comes up for election;\n after the individual ceases to be a member but before candidates for the resulting election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n#### 30‑243 Amount of the deduction\n\n (1) If the contribution or gift is money, the amount of the deduction is the amount of money.\n (2) If the contribution or gift is property, the amount of the deduction is the lesser of:\n (a) the market value of the property on the day that you made the contribution or gift; and\n (b) the amount that you paid for the property.\n $1,500 limit on deductions\n (3) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to political parties.\n (4) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to \\*independent candidates or \\*independent members.\n\n#### 30‑244 When an individual is an independent candidate\n\n (1) An individual is an independent candidate if:\n (a) the individual is a candidate in an election (including an election that is later declared void) for members of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory; and\n (b) the individual’s candidature is not endorsed by a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) However, an individual does not start being an \\*independent candidate until the candidates for the election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (3) An individual stops being an \\*independent candidate when the result of the election is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (4) If:\n (a) the election is taken to have wholly failed under the relevant electoral legislation; and\n (b) the result of the election has not been declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation;\n the individual stops being an \\*independent candidate in that election when candidates for the replacement election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n#### 30‑245 When an individual is an independent member\n\n (1) An individual is an independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory if the individual:\n (a) is a member of that Parliament or Legislative Assembly; and\n (b) the individual is not a member of a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) An individual who becomes a member as a result of an election (including an election that is later declared void) is taken to start being a member of the Parliament or Legislative Assembly when the individual’s election as a member is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n \n\nPart 2—Further amendment of the Income Tax Assessment Act 1997\n\n2 Subsection 30‑5(1)\n\nAfter “making”, insert “a contribution or gift to a political party, independent candidate or member, or”.\n\n3 Subsection 30‑5(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subdivision 30‑D deals with the deductibility of testamentary gifts under the Cultural Bequests Program.\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n4 Subsection 30‑15(2) (note)\n\nOmit “Note”, substitute “Note 1”.\n\n5 Subsection 30‑15(2) (after note 1)\n\nInsert:\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n6 Subsection 30‑15(2) (table item 3)\n\nRepeal the item.\n\n7 Subsection 30‑315(2) (table item 87)\n\nOmit “contributions”, substitute “parties and independent candidates and members”.\n\n8 Subsection 30‑315(2) (table item 87)\n\nOmit “item 3 of the table in section 30‑15”, substitute “Subdivision 30‑DA”.\n\n9 Subsection 995‑1(1)\n\nInsert:\n\n> independent candidate has the meaning given by section 30‑244.\n\n10 Subsection 995‑1(1)\n\nInsert:\n\n> independent member has the meaning given by section 30‑245.\n\n \n\nPart 3—Amendment of the Income Tax Assessment Act 1936\n\n11 Subsections 78A(2), (3) and (4)\n\nOmit “fund, authority or institution” (wherever occurring), substitute “fund, authority, institution or person”.\n\n \n\nPart 4—Application of amendments\n\n12 Application\n\nThe amendments made by this Schedule apply to contributions or gifts made on or after the day on which this Act receives the Royal Assent.\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 8 December 2005\n\nSenate on 13 June 2006\\]\n\n(185/05)","sortOrder":18},{"sectionNumber":"30‑242 Deduction for political contribut","sectionType":"section","heading":"30‑242 Deduction for political contributions and gifts","content":"#### 30‑242 Deduction for political contributions and gifts\n\n (1) You can deduct any of the following for the income year in which they are made:\n (a) a contribution or gift to a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation;\n (b) a contribution or gift to an individual when the individual is an \\*independent candidate for a Commonwealth, State, Northern Territory or Australian Capital Territory election;\n (c) a contribution or gift to an individual who is, or was, an \\*independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory.\n (2) The contribution or gift must be of:\n (a) money; or\n (b) property that you purchased during the 12 months before making the contribution or gift.\n (3) The value of the contribution or gift must be at least $2.\n (4) You cannot deduct a testamentary contribution or gift under this Subdivision.\n (5) A contribution or gift to an individual who is, or was, an \\*independent member must be made:\n (a) when the individual is an independent member; or\n (b) if the individual ceases to be an independent member because:\n (i) a Parliament, a House of a Parliament or a Legislative Assembly is dissolved or has reached its maximum duration; or\n (ii) the individual comes up for election;\n after the individual ceases to be a member but before candidates for the resulting election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.","sortOrder":19},{"sectionNumber":"30‑243 Amount of the deduction","sectionType":"section","heading":"30‑243 Amount of the deduction","content":"#### 30‑243 Amount of the deduction\n\n (1) If the contribution or gift is money, the amount of the deduction is the amount of money.\n (2) If the contribution or gift is property, the amount of the deduction is the lesser of:\n (a) the market value of the property on the day that you made the contribution or gift; and\n (b) the amount that you paid for the property.\n $1,500 limit on deductions\n (3) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to political parties.\n (4) You cannot deduct more than $1,500 under this Subdivision for an income year for contributions and gifts to \\*independent candidates or \\*independent members.","sortOrder":20},{"sectionNumber":"30‑244 When an individual is an independ","sectionType":"section","heading":"30‑244 When an individual is an independent candidate","content":"#### 30‑244 When an individual is an independent candidate\n\n (1) An individual is an independent candidate if:\n (a) the individual is a candidate in an election (including an election that is later declared void) for members of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory; and\n (b) the individual’s candidature is not endorsed by a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) However, an individual does not start being an \\*independent candidate until the candidates for the election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (3) An individual stops being an \\*independent candidate when the result of the election is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n (4) If:\n (a) the election is taken to have wholly failed under the relevant electoral legislation; and\n (b) the result of the election has not been declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation;\n the individual stops being an \\*independent candidate in that election when candidates for the replacement election are declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.","sortOrder":21},{"sectionNumber":"30‑245 When an individual is an independ","sectionType":"section","heading":"30‑245 When an individual is an independent member","content":"#### 30‑245 When an individual is an independent member\n\n (1) An individual is an independent member of the Commonwealth Parliament, a State Parliament, the Legislative Assembly of the Northern Territory or the Legislative Assembly for the Australian Capital Territory if the individual:\n (a) is a member of that Parliament or Legislative Assembly; and\n (b) the individual is not a member of a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation.\n (2) An individual who becomes a member as a result of an election (including an election that is later declared void) is taken to start being a member of the Parliament or Legislative Assembly when the individual’s election as a member is declared or otherwise publicly announced by an entity authorised under the relevant electoral legislation.\n\n \n\nPart 2—Further amendment of the Income Tax Assessment Act 1997\n\n2 Subsection 30‑5(1)\n\nAfter “making”, insert “a contribution or gift to a political party, independent candidate or member, or”.\n\n3 Subsection 30‑5(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subdivision 30‑D deals with the deductibility of testamentary gifts under the Cultural Bequests Program.\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n4 Subsection 30‑15(2) (note)\n\nOmit “Note”, substitute “Note 1”.\n\n5 Subsection 30‑15(2) (after note 1)\n\nInsert:\n\n> Note 2: Subdivision 30‑DA deals with the deductibility of contributions and gifts to political parties, independent candidates and members.\n\n6 Subsection 30‑15(2) (table item 3)\n\nRepeal the item.\n\n7 Subsection 30‑315(2) (table item 87)\n\nOmit “contributions”, substitute “parties and independent candidates and members”.\n\n8 Subsection 30‑315(2) (table item 87)\n\nOmit “item 3 of the table in section 30‑15”, substitute “Subdivision 30‑DA”.\n\n9 Subsection 995‑1(1)\n\nInsert:\n\n> independent candidate has the meaning given by section 30‑244.\n\n10 Subsection 995‑1(1)\n\nInsert:\n\n> independent member has the meaning given by section 30‑245.\n\n \n\nPart 3—Amendment of the Income Tax Assessment Act 1936\n\n11 Subsections 78A(2), (3) and (4)\n\nOmit “fund, authority or institution” (wherever occurring), substitute “fund, authority, institution or person”.\n\n \n\nPart 4—Application of amendments\n\n12 Application\n\nThe amendments made by this Schedule apply to contributions or gifts made on or after the day on which this Act receives the Royal Assent.\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 8 December 2005\n\nSenate on 13 June 2006\\]\n\n(185/05)","sortOrder":22}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":893},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation significantly expanded beyond its original 'electoral integrity' framing. While initially presented as addressing enrolment integrity and party registration, it became a vehicle for: (1) prisoner disenfranchisement (removing voting rights from all prisoners, not just those with certain sentences); (2) massive increases in donation disclosure thresholds (from ~$1,500 to $10,000); (3) tax deductibility for political donations; and (4) internet advertising regulation. The scope grew to encompass campaign finance reform, tax policy, and criminal law (prisoner voting) that went well beyond the original Bill's stated purposes."},"complexity_factors":["Multiple commencement dates across 22 table items with conditional triggers (e.g., 'the later of' provisions dependent on other legislation)","Extensive cross-referencing between three principal Acts (Electoral Act, Referendum Act, Tax Act) plus the Australian Citizenship Act 2007","139 items in Schedule 1 alone, with many containing multiple sub-items and application provisions","Nested conditional logic for provisional enrolment (citizenship timing, notification requirements, evidence deadlines)","Complex indexation formula in new section 321A with CPI calculations and rounding rules","Multiple definitions of 'associated entity' with six alternative criteria","Transitional provisions for political party deregistration with overlapping timeframes (3 months, 6 months, 12 months, 41st Parliament)","Regulatory dependencies - many provisions only activate once regulations are made","Repeal and substitution of entire sections rather than simple amendments","Application provisions that differ by item (some retrospective to Bill introduction, some to Royal Assent, some to future financial years)"],"plain_english_summary":"This Act makes sweeping changes to Australia's electoral system, touching on voter enrolment, political party registration, campaign finance, and internet advertising. Here's what it does:\n\n**Voting and Enrolment Changes**\n- **Prisoner voting**: Removes the right to vote from anyone serving a sentence of imprisonment (defined as full-time detention for a Commonwealth, State or Territory offence). This applies to sentences beginning before, on or after the law starts.\n- **Identity requirements**: Introduces mandatory identity verification for enrolment and provisional voting, requiring driver's licence numbers or other prescribed documents. Regulations will set out exactly what evidence is needed.\n- **Provisional enrolment**: Creates a new system allowing people who are about to become Australian citizens to provisionally enrol and vote in elections, provided they confirm their citizenship by the first Friday after polling day.\n- **Close of Rolls**: Changes the deadline for enrolling to vote from 7 days to 3 working days after the writ is issued.\n\n**Political Party Registration**\n- **Deregistration**: Automatically deregisters political parties that don't meet certain criteria, unless they can prove they have or had a member elected to Parliament. This was designed to remove \"phantom\" parties from the ballot.\n- **Freeze period**: Prevents new party registrations for 6 months.\n\n**Campaign Finance and Disclosure**\n- **Threshold increases**: Massively raises disclosure thresholds for political donations (gifts) from around $1,500 to $10,000, with annual CPI indexation.\n- **New disclosure categories**: Requires disclosure of gifts over $10,000 to candidates and groups, and creates new annual return requirements for political expenditure over $10,000.\n- **Associated entities**: Expands the definition to capture more organisations linked to political parties.\n\n**Internet Advertising**\n- **Authorisation requirement**: Makes it an offence (10 penalty units) to publish paid electoral advertisements on the internet without including the name and address of the person who authorised it. This applies to both elections and referendums.\n\n**Tax Deductions**\n- **Political donations**: Allows tax deductions for contributions and gifts to registered political parties and independent candidates/members, capped at $1,500 per year for each category.\n\nThe Act amends the Commonwealth Electoral Act 1918, the Referendum (Machinery Provisions) Act 1984, and the Income Tax Assessment Act 1997, with different parts commencing at different times between December 2005 and July 2007."},"summary":{"name":"Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006","slug":"electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006","title_id":"C2006A00065","version_id":53193,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole amending Act in current compiled form. Source text of 398,259 chars is the same ~93,000-char amending Act repeated approximately 4 times. The unique content covers all schedules and provisions."},"complexity_factors":["Core amendment (s 93(8AA)) declared constitutionally invalid by HCA","Complex interaction with multiple earlier amending Acts (2004 Acts) to determine surviving provisions","Constitutional law dimension: implied franchise protection from ss 7 and 24 of Constitution","Multiple schedules of amendments to both the Electoral Act and the Referendum Act","Source text ~398k chars with approximately 4x duplication"],"plain_english_summary":"The Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) is a federal amending Act that made several significant changes to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984.\n\nThe most constitutionally significant amendment was the expansion of prisoner disenfranchisement. Item 15 of Schedule 1 inserted a new section 93(8AA) into the Electoral Act, providing that any person serving a sentence of imprisonment for any offence was not entitled to vote at Senate or House of Representatives elections. This removed the previous threshold, which had only disenfranchised prisoners serving sentences of three years or longer.\n\nThe High Court declared section 93(8AA) as inserted by this Act to be constitutionally invalid in Roach v Electoral Commissioner [2007] HCA 43. The majority held that the provision went beyond what is compatible with the system of representative government required by sections 7 and 24 of the Constitution. The three-year disenfranchisement threshold (which the 2006 Act had replaced) was found to remain in force and valid.\n\nThe Act made a range of other amendments including: changes to the Divisional Returning Officer structure; new provisions for provisional enrolment by applicants for citizenship; bringing the date for the close of rolls to the third working day after the date of the writ (section 155); and new provisions governing political expenditure returns and internet political advertising.\n\nThe Act demonstrates the constitutional limits on federal legislative power to restrict voting rights, making it a landmark example of implied constitutional constraints in Australian law."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Schedule 2, item 29 (Application of this Schedule)","severity":"high","reasoning":"Persons who made gifts or incurred political expenditure between 8 December 2005 and 22 June 2006 could not have known the new $10,000 thresholds would apply to them. They had no legal obligation under the amended provisions at the time of the conduct. Retroactively applying higher disclosure thresholds is internally incoherent from a compliance standpoint: a person who properly reported under the old (lower) thresholds may now be deemed to have over-reported, while a person who gave between the old threshold and $10,000 is retroactively exempt from disclosure obligations they previously held.","confidence":0.85,"description":"Schedule 2 amendments are stated to apply retrospectively from 8 December 2005 (the day the Bill was introduced), yet the Act received Royal Assent on 22 June 2006. This means obligations such as disclosure thresholds for the 2005-06 financial year are imposed retroactively, requiring persons to comply with rules that did not legally exist at the time the relevant conduct occurred."},{"type":"self_contradicting","section":"Schedule 1, item 91 (inserting subparagraph 6(cb) of Schedule 3 to the Commonwealth Electoral Act 1918)","severity":"medium","reasoning":"The Referendum (Machinery Provisions) Act 1984 consistently uses 'voting day' for referendums. Item 132's inserted subparagraph 6(cb) of Schedule 4 to the Referendum Act uses the term 'polling day for that election' — importing electoral terminology into referendum machinery. This creates ambiguity about which deadline applies when there is no co-incident election, since 'polling day for that election' may be undefined in a standalone referendum context.","confidence":0.78,"description":"Item 91 inserts subparagraph 6(cb) of Schedule 3, which requires a provisionally enrolled elector to provide citizenship evidence 'by the first Friday following the polling day for that election.' However, the reference anchor is 'polling day for that election' even though the paragraph applies to a referendum ballot-paper. This creates an internal terminology inconsistency: referendums use 'voting day', not 'polling day'. Item 132 (the equivalent Referendum Act provision) repeats this error by also referring to 'the polling day for that election' rather than 'the voting day for that referendum'."},{"type":"self_contradicting","section":"Schedule 1, item 36 (s. 99B) and Schedule 1, item 91 (subparagraph 6(cb) of Schedule 3)","severity":"medium","reasoning":"Items 36 and 91 commence on Royal Assent (22 June 2006), but items 37, 38, 92 (which update the references to the Australian Citizenship Act 2007) commence on 1 July 2007. During the period 22 June 2006 to 1 July 2007, s.99B(6) requires a certificate under the 1948 Act, while the Schedule 3 criterion (as inserted by item 91 but not yet amended by item 92) also still references the 1948 Act. However, items 91 and 92 are both listed under commencement table item 12 (Royal Assent) and item 13 (1 July 2007) respectively, so there is a window where the unamended subparagraph 6(cb) and the unamended s.99B(6) use inconsistent Act references relative to what items 37/38/92 will eventually substitute.","confidence":0.7,"description":"Section 99B(6) (as inserted by item 36) refers to a person providing 'the original certificate of Australian citizenship granted to the person, or a copy of the certificate that has been attested to by an elector in a prescribed class of electors' to confirm citizenship. However, item 91 inserts subparagraph 6(cb) of Schedule 3 which requires the same evidence before the vote can proceed to further scrutiny. Item 92 then amends subparagraph 6(cb) to simply require 'evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007'. This creates a transitional period where item 36 (s.99B(6)) still references the old Australian Citizenship Act 1948 certificate requirements while item 91's Schedule 3 criterion already uses amended language — meaning the substantive citizenship confirmation standard in s.99B(6) is inconsistent with the scrutiny standard in Schedule 3 during the interregnum between commencement dates."},{"type":"impossible_compliance","section":"Schedule 1, item 98AA(1)(c) (enrolment identification regulations)","severity":"medium","reasoning":"The provisional enrolment provisions are designed for people who will imminently become citizens. Such persons may have been in Australia for varying lengths of time. The one-month acquaintance requirement for the countersignature fallback, when combined with the tight electoral timeline (writs issued, close of rolls within days), creates a practical impossibility for the target cohort. While this applies to the general enrolment identification framework and not exclusively to provisional enrolees, it is particularly acute in the provisional enrolment context.","confidence":0.72,"description":"The fallback identification option under s.98AA(1)(c) — having the application countersigned by two electors who have known the applicant for 'at least one month' — is logically impossible to satisfy for a person who has just arrived in Australia as a non-citizen about to become a citizen (the very cohort targeted by provisional enrolment). A brand-new arrival cannot have been known to enrolled Australian electors for a full month before the application closes at 8pm on the close of rolls."},{"type":"self_contradicting","section":"Schedule 3, item 5 (Freezing the Register of Political Parties) and Schedule 3, item 6 (Election called during the year)","severity":"medium","reasoning":"Under item 3(3), a party has 3 months to make a claim and the Electoral Commission has up to 6 months to determine it. An election writ issued in, say, month 5 would invoke item 6's frozen Register, which reflects the Register at commencement — before the successful claim determination. The party would be on the live Register (having survived deregistration) but potentially not on the frozen Register used for election purposes, creating a contradiction between their legal registration status and their electoral Register status.","confidence":0.67,"description":"Item 5 freezes the Register of Political Parties for 6 months, preventing additions or deletions. Item 6 then provides that if a writ is issued during the 12-month period, the Register as in force at commencement is taken to be the Register. This creates an absurdity: a party that successfully resists deregistration under item 3 during the 6-month freeze (and is therefore entitled to remain on the Register) would still be excluded from the notionally frozen Register used for election purposes under item 6 — as the frozen Register predates the successful claim determination."},{"type":"self_contradicting","section":"Schedule 1, item 155 (s.155 — Date for close of Rolls) and note thereunder","severity":"low","reasoning":"The operative provision and the explanatory note send contradictory signals. The provision establishes a legally meaningful close of rolls date three working days after the writ, implying enrolment changes are possible up to that point. The note then qualifies this with 'generally' names are not added, creating uncertainty about the legal effect of the provision versus the note. While a note is not operative, it creates interpretive confusion that undermines the provision's clarity.","confidence":0.75,"description":"The substituted s.155(1) fixes the close of rolls as 'the third working day after the date of the writ,' but the note states 'generally names are not added to or removed from the Rolls after the date of the writ.' This note directly contradicts the operative provision: if names cannot be added after the date of the writ, there is no practical purpose for the rolls remaining open for a further three working days."}],"contradictions":[{"severity":"low","section_a":"Schedule 1, item 36 (s.99B(1)(b) — provisional enrolment, citizenship notification requirement)","section_b":"Schedule 1, item 37 (amending s.99B(1)(b))","confidence":0.8,"description":"Item 36 inserts s.99B which references the 'Australian Citizenship Act 1948' (section 13). Item 37 amends that same paragraph to substitute a reference to the 'Australian Citizenship Act 2007'. Both items commence at different times (item 36 at Royal Assent 22 June 2006; items 37/38 at 1 July 2007 per table item 11). The Australian Citizenship Act 2007 did not exist when item 36 commenced, meaning s.99B operated for over a year referencing the 1948 Act before being updated. This is intentional transitional design but creates a direct textual contradiction between the two versions of the same provision."},{"severity":"medium","section_a":"Schedule 1, item 102 (s.102(4) — claims for enrolment after writ)","section_b":"Schedule 1, item 102 (s.102(4AA) — claims for transfer of enrolment after close of rolls)","confidence":0.73,"description":"Section 102(4) as substituted bars new enrolment claims from 8pm on the date of the writ. Section 102(4AA) bars transfer of enrolment claims from 8pm on the date of the close of the rolls (which is 3 working days after the writ under the new s.155). This means new enrolees and transferees are subject to different cut-off times, with new enrolees cut off earlier (at the writ) than transferees (at close of rolls). While this may be policy-intentional, the combined effect of s.102(4AB) — which then applies (4AA) treatment to certain age-based claims but (4) treatment to others — creates a layered inconsistency where substantively similar claimants (persons newly eligible to vote) face different procedural deadlines depending on which subsection technically applies to them."},{"severity":"low","section_a":"Schedule 2, item 29(1) (application — retrospective to 8 December 2005)","section_b":"Schedule 2, item 28 (inserting paragraphs (m), (n), (o) into s.321A(1))","confidence":0.65,"description":"Item 28 (which adds the new 314AEB/314AEC amounts to the indexation provision) applies only from the 2006-07 financial year onwards. However, item 29(1) applies the other Schedule 2 amendments (including the $10,000 threshold changes) retrospectively from 8 December 2005. This creates an inconsistency: the base $10,000 amounts in sections like 305A apply from December 2005, but the indexation mechanism that should apply to amounts in 314AEB and 314AEC does not apply until 2006-07, meaning there is no indexation coverage for those provisions during their initial operative period even if they were engaged."},{"severity":"medium","section_a":"Schedule 1, item 91 (subparagraph 6(cb) of Schedule 3 — referendum ballot papers referring to 'polling day for that election')","section_b":"Schedule 1, item 132 (subparagraph 6(cb) of Schedule 4 to Referendum Act — same error)","confidence":0.76,"description":"Both inserted subparagraphs 6(cb) in Schedule 3 (Electoral Act) and Schedule 4 (Referendum Act) refer to 'the polling day for that election' in the context of votes cast at a referendum. The Referendum Act uses 'voting day for the referendum' throughout. This terminology inconsistency creates a contradiction between the scrutiny condition (which references a non-existent 'polling day for that election' in a standalone referendum context) and the rest of the Referendum Act's framework."},{"severity":"low","section_a":"Schedule 3, item 3(1) and 3(2) (parties not deregistered if Parliamentary party during 41st Parliament)","section_b":"Schedule 3, item 3(3) (parties not deregistered if member elected to Commonwealth Parliament)","confidence":0.62,"description":"Items 3(1) and 3(2) protect parties that are 'Parliamentary parties' during the 41st Commonwealth Parliament — a defined term requiring current Parliamentary membership. Item 3(3) protects parties based on historical election of a member, without requiring the party to currently be a Parliamentary party. This creates an inconsistency: a party that had a member elected historically but is no longer a Parliamentary party can claim protection under (3), while a party that is currently a Parliamentary party must also satisfy the 138A eligibility determination under (1) or (2). The protection criteria are therefore not logically graduated from weakest to strongest — a historically-elected non-Parliamentary party may have an easier path to protection than a currently-sitting Parliamentary party that fails the 138A determination."}]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act significantly expands the scope of the original Commonwealth Electoral Act 1918. It introduces new voter identification requirements, provisional enrolment for future citizens, internet advertising regulation, and a new tax deduction for political donations. It also tightens prison voting rules and imposes stricter disclosure and deregistration requirements on political parties. These changes go well beyond the original Act's framework of electoral administration by adding layers of identity verification, online regulation, and financial transparency."},"complexity_factors":["Very long text with 4 schedules and 139 items of amendment","Multiple defined terms added or amended in the interpretation section","Conditional commencement provisions with multiple effective dates","Nested exceptions and 'but see' references throughout (e.g., identification requirements contingent on regulations)","Cross-references between different Acts (Commonwealth Electoral Act, Referendum Machinery Act, Income Tax Assessment Act)","Complex indexation formula for monetary thresholds","Multiple transitional provisions and application rules","Schedules 3 and 4 are largely standalone provisions with their own rules"],"plain_english_summary":"This Act makes a number of changes to how federal elections and referendums work in Australia. Key changes include:\n\n- **Voting by prisoners**: People serving a full-time prison sentence for an offence are banned from voting. The Act defines 'sentence of imprisonment' strictly as full-time detention.\n- **Proof of identity to enrol**: New rules require people to show ID (like a driver's licence) when enrolling to vote. If regulations are made, they must offer alternatives like showing another document or having two electors vouch for you.\n- **Provisional enrolment for future citizens**: People who have been told they will become Australian citizens can apply to enrol provisionally before an election. They can cast a vote, but it only counts if they provide proof of citizenship within a week after polling day.\n- **Close of rolls earlier**: The deadline to enrol or update details is now 3 working days after an election is announced (the writ is issued), instead of the previous 7 days.\n- **Fines increased**: Maximum penalties for certain offences under the Electoral Act are raised.\n- **Political donations and spending disclosure**: The threshold for reporting donations and political expenditure is raised to $10,000, and amounts are indexed to inflation. New annual returns are required for people who spend over $10,000 on political advertising or related activities.\n- **Internet advertising**: Electoral ads on the internet must include the name and street address of the person who authorised them. It's an offence not to do so.\n- **Party deregistration**: Political parties that do not have a current member in federal parliament, or cannot prove they are an eligible political party, are automatically deregistered 6 months after the Act starts. The register of parties is frozen for 6 months.\n- **Tax deductions for political donations**: A new tax deduction is available for donations to registered political parties and independent candidates or members, capped at $1,500 per year for each category."}},"importantCases":[],"_links":{"self":"/api/acts/electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006","history":"/api/acts/electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006/history","analysis":"/api/acts/electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006/analysis","conflicts":"/api/acts/electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006/conflicts","importantCases":"/api/acts/electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006/important-cases","documents":"/api/acts/electoral-and-referendum-amendment-electoral-integrity-and-other-measures-act-2006/documents"}}