144AModifications by legislative instrument in the event of an emergency

#### 144A Modifications by legislative instrument in the event of an emergency Scope (1) This section applies if: (a) an emergency is declared (however described) under a Commonwealth emergency law; and (b) the Electoral Commissioner is satisfied on reasonable grounds that the emergency to which the declaration relates would interfere with the due conduct of a referendum in a geographical area to which the declaration applies (the emergency area). Electoral Commissioner may modify operation of this Act, or provisions of this Act, in certain circumstances in relation to emergency area voting (2) If the Electoral Commissioner is satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of the referendum in the emergency area, the Electoral Commissioner may, by legislative instrument, modify the operation of this Act, or specified provisions of this Act, in relation to expanding the grounds on which a person in the emergency area may apply for a postal vote or a pre‑poll vote (see sections 54 and 72). (3) The Electoral Commissioner may, by legislative instrument, modify the operation of this Act, or specified provisions of this Act, to allow a person to do either or both of the following: (a) if the Electoral Commissioner is satisfied, on reasonable grounds, that the person being present for action that is to take place under the Act in the emergency area is necessary or conducive for the due conduct of the referendum in the emergency area—travel, or be present, for the action; (b) conduct an activity mentioned in subsection (4) within 100 metres of the entrance to a polling booth or pre‑poll voting office in the emergency area, or travel for the purposes of conducting the activity; despite a prescribed Commonwealth, State or Territory law, or a prescribed kind of Commonwealth, State or Territory law. > Note: Paragraph (a) may cover, for example, permitting scrutineers to be present at a counting centre, in the emergency area, for scrutiny. (4) For the purposes of paragraph (3)(b), the activities are the following: (a) canvassing for votes in a referendum; (b) inducing an elector to vote in a particular way at a referendum; (c) soliciting the vote of an elector in a referendum; (d) exhibiting a notice or sign (other than an official notice or sign) relating to a referendum. (5) A legislative instrument made under subsection (2) or (3) has effect according to its terms, despite any other provision of this Act. Electoral Commissioner must notify the Prime Minister and Leader of the Opposition (6) Before making an instrument under subsection (2) or (3), the Electoral Commissioner must notify the Prime Minister and the Leader of the Opposition in the House of Representatives, in writing: (a) that the Electoral Commissioner is considering making the instrument; and (b) why the Electoral Commissioner considers it necessary to make the instrument; and (c) how modifications to be made under the instrument will be limited to the emergency area and the period for which the relevant emergency declaration is in force. Modification must be published on the Electoral Commission’s website (7) If the Electoral Commissioner makes a legislative instrument under subsection (2) or (3), the Electoral Commissioner: (a) must publish the legislative instrument on the Electoral Commission’s website; and (b) may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate. Commonwealth emergency law (8) In this section, Commonwealth emergency law means the following: (a) the Biosecurity Act 2015; (b) the National Emergency Declaration Act 2020; (c) the National Health Act 1953; (d) the National Health Security Act 2007; (e) any other Commonwealth law specified under subsection (9). (9) The Minister may, by legislative instrument, specify a law of the Commonwealth for the purposes of the definition of Commonwealth emergency law in subsection (8). Sunset (10) A legislative instrument made under subsection (2) or (3) ceases to have effect at the earlier of the following: (a) when the emergency declaration referred to in subsection (1) is revoked, repealed or otherwise ceases to have effect; (b) when the writ for the referendum to which the legislative instrument relates is returned.