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Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006
155Date for close of Rolls
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#### 155 Date for close of Rolls
(1) The date fixed for the close of the Rolls is the third working day after the date of the writ.
> Note: However, generally names are not added to or removed from the Rolls after the date of the writ.
(2) In this section:
> working day means any day except:
(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in any State or Territory.
53 Paragraph 170(3)(a)
Omit “$700”, substitute “$1,000”.
54 Paragraph 170(3)(b)
Omit “$350”, substitute “$500”.
55 Section 182
Before “In this”, insert “(1)”.
56 At the end of section 182
Add:
(2) In this Part (other than in sections 184A to 186) and in Schedule 3:
(a) a reference to an elector includes a reference to a person who has applied for a postal vote under subsection 183(2); and
(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.
57 Section 183
Before “An elector”, insert “(1)”.
58 At the end of section 183
Add:
(2) A person who is provisionally enrolled may apply for a postal vote.
59 Section 200A
Before “An elector”, insert “(1)”.
60 At the end of section 200A
Add:
(2) A person who is provisionally enrolled may apply for a pre‑poll vote.
(3) In this Part and in Schedule 3:
(a) a reference to an elector includes a reference to a person who has applied for a pre‑poll vote under subsection (2); and
(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.
61 At the end of subsection 208(2)
Add:
; and (c) is not covered by subsection 93(8AA) (sentences of imprisonment).
62 Subsection 221(3)
After “polling in the election”, insert “, or a person who is covered by subsection 93(8AA) (sentences of imprisonment)”.
63 After subsection 222(1)
Insert:
(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).
(1B) In this Part (other than section 245) and in Schedule 3:
(a) a reference to an elector includes a reference to a person who has cast an absent vote under subsection (1A); and
(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.
64 Subsection 222(2)
Omit “subsection (1)”, substitute “subsections (1) and (1A)”.
65 Subsection 222(3)
After “subsection (1)”, insert “or (1A)”.
66 Subsection 226A(1) (note)
After “93(8)”, insert “, (8AA)”.
67 Subsection 232(2)
After “subsection 222(1)”, insert “or (1A)”.
68 Subsection 233(2)
After “subsection 222(1)”, insert “or (1A)”.
69 Paragraphs 234(4)(a) and 234A(8)(a)
After “subsection 222(1)”, insert “or (1A)”.
70 At the end of subsection 235(1)
Add:
; or (e) the person is provisionally enrolled.
71 After subsection 235(1)
Insert:
(1A) In this Part (other than section 245) and in Schedule 3:
(a) a reference to an elector includes a reference to a person who casts a provisional vote under paragraph (1)(e); and
(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.
(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:
(a) at the time the person casts the provisional vote; or
(b) by the first Friday following the polling day.
> Note: The regulations are made under subsection (9).
72 At the end of section 235
Add:
Regulations
(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:
(a) the person’s driver’s licence;
(b) a prescribed kind of document that identifies the person.
(10) The regulations may impose additional requirements in relation to identification for provisional voting.
73 At the end of paragraph 268(1)(e)
Add “or (1A)”.
74 Subsection 287(1) (definition of associated entity)
Repeal the definition, substitute:
> associated entity means:
(a) an entity that is controlled by one or more registered political parties; or
(b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or
(c) an entity that is a financial member of a registered political party; or
(d) an entity on whose behalf another person is a financial member of a registered political party; or
(e) an entity that has voting rights in a registered political party; or
(f) an entity on whose behalf another person has voting rights in a registered political party.
75 Subsection 287(1) (definition of broadcaster)
Repeal the definition.
76 Subsection 287(1) (paragraph (f) of the definition of disclosure period)
Omit “305(1) or 305A(1)”, substitute “305A(1) or (1A)”.
77 Subsection 287(1)
Insert:
> financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.
78 Section 305
Repeal the section.
79 Subsections 305A(1), (2) and (3)
Repeal the subsections, substitute:
(1) A person must provide a return in accordance with this section if:
(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
(b) the total amount or value of the gift or gifts was:
(i) equal to or more than the amount prescribed for the purposes of this paragraph; or
(ii) if no amount is prescribed—more than $10,000; and
(c) at the time the person makes the gift or gifts the person is not:
(i) a registered political party; or
(ii) a State branch of a registered political party; or
(iii) an associated entity; or
(iv) a candidate in an election; or
(v) a member of a group.
> Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(1A) A person must provide a return in accordance with this section if:
(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
(b) the total amount or value of the gift or gifts was:
(i) equal to or more than the amount prescribed for the purposes of this paragraph; or
(ii) if no amount is prescribed—more than $10,000; and
(c) at the time the person makes the gift or gifts the person is not:
(i) a registered political party; or
(ii) a State branch of a registered political party; or
(iii) an associated entity; or
(iv) a candidate in an election; or
(v) a member of a group.
> Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(2) The person must provide to the Electoral Commission a return setting out the required details of:
(a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and
(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):
(i) to enable the person to make the gifts mentioned in paragraph (a); or
(ii) to reimburse the person for making such gifts.
> Note: The dollar amount mentioned in this subsection is indexed under section 321A.
(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.
(3) The return must:
(a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election; and
(b) be in the approved form.
Note: The headings to sections 305A and 305B are altered by omitting “Donations” and substituting “Gifts”.
80 Paragraph 308(1)(e)
After “section 328”, insert “, 328A”.
81 Subsections 309(4) and (5)
Repeal the subsections.
82 Sections 310 and 311
Repeal the sections.
83 Division 5A of Part XX (heading)
Repeal the heading, substitute: