328APublication of electoral advertisements on the Internet

#### 328A Publication of electoral advertisements on the Internet (1) A person commits an offence if: (a) either: (i) the person publishes an electoral advertisement on the Internet; or (ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and (b) the electoral advertisement is intended to affect voting in an election; and (c) the electoral advertisement is paid for by the person or another person; and (d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement. Penalty: 10 penalty units. (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1). (4) In this section: > 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. 88 Subsection 351(5) After “section 328”, insert “or 328A”. 89 After paragraph 385A(1)(a) Insert: (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 90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3 Add “and”. 91 After subparagraph 6(c) of Schedule 3 Insert: (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 (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: (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or (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 92 Subparagraph 6(cb) of Schedule 3 Omit 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”. 93 Subparagraph 10(b) of Schedule 3 Omit “or 13A”. 94 Subparagraph 10(ba) of Schedule 3 Repeal the paragraph. 95 Subparagraph 11(b) of Schedule 3 Omit “or 13A”. 96 At the end of paragraph 12 of Schedule 3 Add: ; and (iii) that the omission was not attributable to subsection 118(4A). 97 Paragraphs 13A to 13D of Schedule 3 Repeal the paragraphs. 98 Paragraph 14 of Schedule 3 Omit “paragraphs 13, 13B and 13D”, substitute “paragraph 13”. 99 Paragraph 19 of Schedule 3 Omit “10(ba) or (c)”, substitute “10(c)”. Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004 100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30) Repeal the items. 101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1 Repeal the items. Referendum (Machinery Provisions) Act 1984 102 Subsection 3(1) Insert: > provisionally enrolled has the meaning given by subsection (1A). 103 After subsection 3(1) Insert: (1A) A person is provisionally enrolled if: (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or (b) the person is provisionally enrolled under section 38 of this Act. 104 Paragraph 4(2)(a) Repeal the paragraph, substitute: (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: (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and (ii) ending on the close of voting at the referendum; must not be considered until after the end of the period; and (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: (i) beginning at 8 pm on the day for which the Rolls for a referendum close; and (ii) ending on the close of voting at the referendum; must not be considered until after the end of the period; and 105 Paragraph 4(2)(b) Omit “the close of the Rolls”, substitute “the day of the issue of the writ”. 106 At the end of section 4 Add: (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: (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: (i) beginning at 8 pm on the day of the issue of the writ for a referendum; and (ii) ending at the end of the voting day for the referendum; and (b) otherwise—is to be treated in accordance with paragraph (2)(a). 107 Subsection 9(1) Omit “7 days”, substitute “3 working days”. 108 At the end of section 9 Add: (3) 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. 109 Subsection 34(2) After “subsection 46(1)”, insert “or (1A)”. 110 Paragraphs 36(4)(a) and 36A(8)(a) After “46(1)”, insert “or (1A)”. 111 At the end of subsection 37(1) Add: ; or (e) the person is provisionally enrolled. 112 After subsection 37(1) Insert: (1A) In this Part (other than section 45) and in Schedule 4: (a) a reference to an elector includes a reference to a person who has cast 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 elector is provisionally enrolled. (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: (a) at the time the person casts the provisional vote; or (b) by the first Friday following the voting day. > Note: The regulations are made under subsection (9). 113 At the end of section 37 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. 114 After section 37 Insert: