Commonwealth: Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (Cth)

Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010 Act No. 109 of 2010 as amended This compilation was prepared on 4 April 2011 taking into account amendments up to Act No. 5 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1] 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to pre‑poll votes Part 1—Amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Application of amendments Schedule 2—Amendments relating to processing of enrolments Part 1—Amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Transitional, application and saving provisions Schedule 3—Amendments relating to nomination of candidates Part 1—Amendments Commonwealth Electoral Act 1918 Part 2—Application of amendments Schedule 4—Electronic voting Part 1—Amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Application of amendments Notes An Act to amend the law relating to elections and referendums, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010. 2 Commencement (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. 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 this Act receives the Royal Assent. 14 July 2010 2. Schedule 1 The day this Act receives the Royal Assent. 14 July 2010 3. Schedule 2 A single day to be fixed by Proclamation. 19 July 2010 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (see F2010L02126) 4. Schedules 3 and 4 The day this Act receives the Royal Assent. 14 July 2010 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (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. 3 Schedule(s) 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. Schedule 1—Amendments relating to pre‑poll votes Part 1—Amendments Commonwealth Electoral Act 1918 1 Subsection 4(1) (definition of Compartment) Repeal the definition, substitute: compartment means: (a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and (b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE. Note: For the places at which pre‑poll ordinary voting is available, see section 200DD. 2 Subsection 4(1) (paragraph (b) of the definition of declaration vote) After "pre‑poll", insert "declaration". 3 Subsection 4(1) Insert: pre‑poll declaration vote: see subsection 200AA(2). 4 Subsection 4(1) Insert: pre‑poll ordinary vote: see subsection 200AA(2). 5 Subsection 99B(1) (note) Omit "a postal, pre‑poll, absent or provisional vote", substitute "a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote". 6 Before section 200A Insert: Division 1—Introduction 200AA Guide to this Part (1) This Part deals with pre‑poll votes. (2) There are 2 different kinds of pre‑poll vote: (a) a pre‑poll ordinary vote, which is a vote made in accordance with Division 3; and (b) a pre‑poll declaration vote, which is a vote made in accordance with Division 4. (3) General matters relevant to both kinds of pre‑poll vote are set out in Division 2. Division 2—General matters 7 At the end of subsection 200A(2) Add: Note: A person who is provisionally enrolled is not entitled to vote by pre‑poll ordinary vote: see paragraph 200DG(2)(f). 8 Subsection 200A(3) After "this Part", insert "(other than Division 3)". 9 After subsection 200BA(1) Insert: (1A) The Electoral Commission may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre‑poll voting office located in a Division is a place at which pre‑poll ordinary voting is available to voters enrolled for one or more specified other Divisions. Note: For voters enrolled for a particular Division, pre‑poll ordinary voting is also available at pre‑poll voting offices located in the Division or in the office of the DRO for the Division (see section 200DD). 10 After subsection 200BA(3) Insert: (3A) If the Electoral Commission makes a declaration under subsection (1A), the Electoral Commission must cause a copy of the declaration to be published in the Gazette. 11 Subsection 200BA(4) After "subsection (1)", insert "or (1A)". 12 At the end of subsection 200C(1) Add: Note: Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 200DD). 13 At the end of subsection 200D(3) Add: Note: Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 200DD). 14 After section 200DB Insert: Division 3—Voting by pre‑poll ordinary vote Subdivision A—Preliminary 200DC Definitions In this Division: issuing officer: see subsection 200DH(2). pre‑poll ordinary ballot‑box: see section 200DN. voter: see subsection 200DG(1). voter's Division: see paragraph 200DG(1)(b). voting officer, in relation to a place at which pre‑poll ordinary voting is available, means a DRO, or a pre‑poll voting officer, at the place. voting place: see paragraph 200DG(1)(b). 200DD Where is pre‑poll ordinary voting available? (1) Subject to subsections (2) and (4), for voters enrolled for a particular Division, pre‑poll ordinary voting is available at the following places: (a) any pre‑poll voting office that is located within the Division; (b) any other pre‑poll voting office that is specified, as mentioned in subsection 200BA(1A), as a place at which pre‑poll ordinary voting is available to voters enrolled for the Division; (c) the office of the DRO for the Division. (2) The Electoral Commissioner may, in writing, determine that pre‑poll ordinary voting is not available at one or more specified places, either generally or as specified in the determination. (3) A determination made under subsection (2) is not a legislative instrument. (4) For voters enrolled for a particular Division, pre‑poll ordinary voting is not available at a particular place referred to in subsection (1) unless a copy of the certified list of voters for the Division has been delivered to the place (see subsection 208(4)). 200DE Separate voting compartments Each place at which pre‑poll ordinary voting is available must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot papers. There must be a pencil in each compartment for use by voters. 200DF Ballot‑boxes (1) Each place at which pre‑poll ordinary voting is available must be provided with the necessary ballot‑boxes. (2) Each of those ballot‑boxes must be capable of being securely fastened. Subdivision B—Voting by pre‑poll ordinary vote 200DG When is a person entitled to vote by pre‑poll ordinary vote? (1) Subject to subsection (2), a person (the voter) is entitled to vote by pre‑poll ordinary vote if: (a) the voter has, in accordance with Division 2, applied for a pre‑poll vote; and (b) the voter's name is on a copy of the certified list of voters for a particular Division (the voter's Division) that has been delivered to the place (the voting place) at which the application is made; and (c) the voting place is a place at which pre‑poll ordinary voting is available to voters enrolled for the voter's Division. Note: If the voter is not entitled to vote by pre‑poll ordinary vote, the voter may instead be able to vote by pre‑poll declaration vote under Division 4. (2) The voter is not entitled to vote by pre‑poll ordinary vote if: (a) the voter does not comply with the requirements of section 200DH relating to the pre‑poll certificate for ordinary voting; or (b) the voter: (i) refuses to answer fully any question he or she is asked under section 200DI; or (ii) answers a question specified in paragraph 200DI(1)(c) in the affirmative; or (c) the issuing officer has asked the voter one or more questions under subsection 200DI(2) about matters shown, for a particular person, on a copy of the certified list of voters for the voter's Division to establish whether the voter is that particular person, and one of the following applies: (i) the voter's answers do not accord with the relevant information shown for that particular person on the list; (ii) the voter's answers accord with the relevant information shown for that particular person on the list but the issuing officer is not satisfied that the person is that particular person; or (d) the voter's name is on a copy of the certified list of voters for the voter's Division but his or her address does not appear on the list; or (e) a mark on a copy of the certified list of voters for the voter's Division indicates that the voter has already voted; or (f) the voter is provisionally enrolled. 200DH Voter to complete and sign pre‑poll vote certificate for ordinary voting (1) If, under subsection 200DG(1) (but disregarding subsection 200DG(2)), the voter is entitled to vote by pre‑poll ordinary vote, a voting officer must give the voter a pre‑poll vote certificate for ordinary voting. (2) The voter must complete and sign the certificate and give it to a voting officer (the issuing officer). (3) A pre‑poll vote certificate for ordinary voting must be in the approved form. 200DI Questions to be put to voter (1) The issuing officer must ask the voter the following questions: (a) What is your full name? (b) Where do you live? (c) Have you voted before in this election? or Have you voted before in these elections? (as the case requires). (2) If the answers the voter gives to the questions in paragraphs (1)(a) and (b) do not satisfy the issuing officer that the applicant is a particular person on a copy of the certified list of voters for a particular Division, the officer may ask the voter one or more other questions about matters shown on the list for the particular person, to establish whether the voter is that particular person. 200DJ Right of voter to receive ballot paper (1) If, under section 200DG, the voter is entitled to vote by pre‑poll ordinary vote, the issuing officer must give the voter a ballot paper, duly initialled by the officer. (2) The issuing officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of the voter to vote by pre‑poll ordinary vote, and must keep that record. (3) The issuing officer must, immediately after giving the ballot paper to the voter, place a mark against the voter's name on a copy of the certified list of voters for the voter's Division. 200DK Voter to mark vote on ballot paper Except as otherwise prescribed by the regulations, the voter, upon receipt of a ballot paper under section 200DJ, must without delay: (a) go to an unoccupied compartment of the voting place and mark his or her ballot paper in private; and (b) fold the ballot paper so as to conceal his or her vote and deposit it in a ballot‑box; and (c) leave the voting place. 200DL Assistance to certain voters (1) If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter, do any of the following acts: (a) complete (but not sign) the pre‑poll vote certificate for ordinary voting; (b) read the certificate to the voter; (c) give the completed certificate to a voting officer; (d) enter an unoccupied compartment of the voting place with the voter and mark the voter's vote on the ballot paper; (e) fold the ballot paper and deposit it in a ballot‑box. Note: Subject to section 336, the pre‑poll vote certificate for ordinary voting must still be signed by the voter. (2) Directions under subsection (1) may be given by reference to a how‑to‑vote card. (3) The other provisions of this Division have effect subject to this section. 200DM Voter not entitled to vote again etc. After the voter has, under sections 200DH and 200DJ, been given a pre‑poll vote certificate for ordinary voting and a ballot paper: (a) the voter is not entitled to remove the certificate or the ballot paper from the voting place; and (b) the voter is not entitled to vote again in the same election. Subdivision C—Requirements relating to ballot‑boxes 200DN Subdivision sets out requirements to be complied with This Subdivision sets out requirements to be complied with in relation to each ballot‑box (a pre‑poll ordinary ballot‑box) that is used for pre‑poll ordinary voting at a particular place. 200DO Requirements to be complied with before first use of ballot‑box Before a ballot‑box is first used for pre‑poll ordinary voting at the place, a voting officer, in the presence of any scrutineers, must exhibit the ballot‑box empty at the place, and then securely fasten its cover. 200DP Requirements to be complied with at end of each day of use of ballot‑box (1) At the end of each day when pre‑poll ordinary voting is available at the place, and in the presence of any scrutineers, each pre‑poll ordinary ballot‑box used on that day must be closed, fastened and sealed by a voting officer. (2) After a pre‑poll ordinary ballot‑box has been sealed, it must on no account be opened except as allowed by this Act. 200DQ Requirements to be complied with before ballot‑box used again on later day If: (a) a pre‑poll ordinary ballot‑box has been sealed after use at the place on a day; and (b) the ballot‑box is to be used again on a later day for pre‑poll ordinary voting at the place; before the ballot‑box is so used again, a voting officer, in the presence of any scrutineers, must examine the ballot‑box, and make it ready to receive ballot papers. 200DR Forwarding of ballot‑boxes for purposes of scrutiny (1) Subject to any directions under subsection (2), at the close of the poll, a voting officer must, with the least possible delay, forward each sealed pre‑poll ordinary ballot‑box for the purposes of scrutiny. (2) The DRO for the Division in which the place is located may direct that one or more sealed pre‑poll ordinary ballot‑boxes at the place are to be forwarded, for the purposes of scrutiny, before the close of the poll. (3) If a direction made under subsection (2) is in writing, the direction is not a legislative instrument. Division 4—Voting by pre‑poll declaration vote 200DS Persons to whom this Division applies This Division applies to a person who has, in accordance with Division 2, applied for a pre‑poll vote but who is not, under Division 3, entitled to vote by pre‑poll ordinary vote. 15 Subsection 200E(1) Omit "The officer to whom an application for a pre‑poll vote is made", substitute "If this Division applies to a person (the elector) who has applied for a pre‑poll vote, the officer to whom the application was made". Note: The heading to section 200E is replaced by the heading "Pre‑poll declaration voting". 16 Paragraph 200E(1)(a) After "certificate", insert "for declaration voting". 17 Subsection 200E(9) After "pre‑poll vote certificate", insert "for declaration voting". 18 Section 200F After "pre‑poll vote certificate", insert "for declaration voting". Note: The heading to section 200F is altered by adding at the end "for declaration voting". 19 Subsection 200G(1) After "Where", insert ", under subsection 200E(1),". 20 Subsection 200G(1) After "pre‑poll vote certificate", insert "for declaration voting". 21 Subsection 200G(2) After "Where", insert ", under subsection 200E(1)". 22 Subsection 200G(2) After "pre‑poll vote certificate", insert "for declaration voting". 23 Paragraph 200J(1)(a) After "issued", insert "under subsection 200E(1)". 24 Section 200K After "when", insert ", under section 200E,". 25 Section 200K After "pre‑poll vote certificate", insert "for declaration voting". 26 Section 201 After "pre‑poll vote certificate", insert "for declaration voting". 27 Subsections 202(1) and (2) After "pre‑poll", insert "declaration". 28 At the end of section 208 Add: (4) The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre‑poll ordinary voting is, under section 200DD (but disregarding subsection 200DD(4)), available to voters enrolled for the Division. 29 Subsection 221(3) After "section 229", insert "or 200DI". 30 Section 230 After "presiding officer,", insert "or the issuing officer within the meaning of Division 3 of Part XVA,". 31 Subsection 238(1) After "presiding officer" (first occurring), insert ", or the issuing officer within the meaning of Division 3 of Part XVA,". 32 Subsection 238(1) After "presiding officer" (second occurring), insert "or issuing officer". 33 Subsection 238(4) Omit "cancelled at a polling place", substitute "that have been cancelled under subsection (1) or (2)". 34 Paragraph 268(1)(a) After "presiding officer", insert "or the issuing officer (within the meaning of Division 3 of Part XVA),". 35 Paragraph 273(2)(a) Repeal the paragraph, substitute: (a) exhibit for the inspection of the scrutineers: (i) each ballot‑box received from a presiding officer, electoral visitor or mobile polling team leader; and (ii) each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division); 36 Paragraph 273(2)(ab) Repeal the paragraph, substitute: (ab) check the accuracy of the statement of the presiding officer, electoral visitor, mobile polling team leader or voting officer by: (i) removing the ballot papers from the box; and (ii) counting, but not inspecting, them; and (iii) recording the number of ballot papers removed from the box; 37 Paragraph 274(2)(a) Repeal the paragraph, substitute: (a) exhibit for the inspection of the scrutineers: (i) each ballot‑box received from a presiding officer, electoral visitor or mobile polling team leader; and (ii) each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part XVA) received from a voting officer (within the meaning of that Division); 38 Paragraph 274(2)(ab) Omit "or mobile polling team leader", substitute ", mobile polling team leader or voting officer". 39 Paragraph 393A(1)(f) After "certificates", insert "(both for ordinary voting and for declaration voting)". Referendum (Machinery Provisions) Act 1984 40 Subsection 3(1) Insert: compartment means: (a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and (b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE. Note: For the places at which pre‑poll ordinary voting is available, see section 73CD. 41 Subsection 3(1) (paragraph (b) of the definition of declaration vote) After "pre‑poll", insert "declaration". 42 Subsection 3(1) Insert: pre‑poll declaration vote: see subsection 71A(2). 43 Subsection 3(1) Insert: pre‑poll ordinary vote: see subsection 71A(2). 44 At the end of section 22 Add: (4) The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre‑poll ordinary voting is, under section 73CD (but disregarding subsection 73CD(4)), available to voters enrolled for the Division. 45 Subsection 32(1) After "presiding officer,", insert "or the issuing officer within the meaning of Division 3 of Part IVA,". 46 Subsection 38(1) (note 1) Omit "a postal, pre‑poll, absent or provisional vote", substitute "a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote". 47 Subsection 41(1) After "at which the person is voting", insert ", or the issuing officer within the meaning of Division 3 of Part IVA,". 48 Subsection 41(1) After "presiding officer" (second occurring), insert "or issuing officer". 49 Subsection 41(4) Omit "cancelled at a polling place", substitute "that have been cancelled under subsection (1) or (2)". 50 Before section 72 Insert: Division 1—Introduction 71A Guide to this Part (1) This Part deals with pre‑poll votes. (2) There are 2 different kinds of pre‑poll vote: (a) a pre‑poll ordinary vote, which is a vote made in accordance with Division 3; and (b) a pre‑poll declaration vote, which is a vote made in accordance with Division 4. (3) General matters relevant to both kinds of pre‑poll vote are set out in Division 2. Division 2—General matters 51 At the end of subsection 72(2) Add: Note: A person who is provisionally enrolled is not entitled to vote by pre‑poll ordinary vote: see paragraph 73CG(2)(f). 52 Subsection 72(3) After "this Part", insert "(other than Division 3)". 53 After subsection 73AA(1) Insert: (1A) The Electoral Commission may, in a declaration under subsection (1) or in a separate written declaration under this subsection, specify that a particular pre‑poll voting office located in a Division is a place at which pre‑poll ordinary voting is available to voters enrolled for one or more specified other Divisions. Note: For voters enrolled for a particular Division, pre‑poll ordinary voting is also available at pre‑poll voting offices located in the Division or in the office of the DRO for the Division (see section 73CD). 54 After subsection 73AA(3) Insert: (3A) If the Electoral Commission makes a declaration under subsection (1A), the Electoral Commission must cause a copy of the declaration to be published in the Gazette. 55 Subsection 73AA(4) After "subsection (1)", insert "or (1A)". 56 At the end of subsection 73A(1) Add: Note: Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 73CD). 57 At the end of subsection 73B(3) Add: Note: Pre‑poll voting at the office of an Assistant Returning Officer outside Australia must be by pre‑poll declaration vote. Voting by pre‑poll ordinary vote is not available at such offices (see section 73CD). 58 After paragraph 73C(a) Insert: (aa) the specification of a place in accordance with subsection 200BA(1A) of the Commonwealth Electoral Act 1918 is to be regarded as having been made in relation to the place in accordance with subsection 73AA(1A) of this Act for the purposes of the referendum; (ab) a determination made in relation to a place in accordance with subsection 200DD(2) of the Commonwealth Electoral Act 1918 is to be regarded as having been made in relation to the place in accordance with subsection 73CD(2) of this Act for the purposes of the referendum; 59 Paragraph 73C(c) Repeal the paragraph, substitute: (c) a pre‑poll vote certificate for ordinary voting for the purposes of the election also has effect as a pre‑poll vote certificate for ordinary voting for the purposes of the referendum; (ca) a pre‑poll vote certificate for declaration voting for the purposes of the election also has effect as a pre‑poll vote certificate for declaration voting for the purposes of the referendum; 60 After section 73CB Insert: Division 3—Voting by pre‑poll ordinary vote Subdivision A—Preliminary 73CC Definitions In this Division: issuing officer: see subsection 73CH(2). pre‑poll ordinary ballot‑box: see section 73CN. voter: see subsection 73CG(1). voter's Division: see paragraph 73CG(1)(b). voting officer, in relation to a place at which pre‑poll ordinary voting is available, means a DRO, or a pre‑poll voting officer, at the place. voting place: see paragraph 73CG(1)(b). 73CD Where is pre‑poll ordinary voting available? (1) Subject to subsections (2) and (4), for voters enrolled for a particular Division, pre‑poll ordinary voting is available at the following places: (a) any pre‑poll voting office that is located within the Division; (b) any other pre‑poll voting office that is specified, as mentioned in subsection 73AA(1A), as a place at which pre‑poll ordinary voting is available to voters enrolled for the Division; (c) the office of the DRO for the Division. (2) The Electoral Commissioner may, in writing, determine that pre‑poll ordinary voting is not available at one or more specified places, either generally or as specified in the determination. (3) A determination made under subsection (2) is not a legislative instrument. (4) For voters enrolled for a particular Division, pre‑poll ordinary voting is not available at a particular place referred to in subsection (1) unless a copy of the certified list of voters for the Division has been delivered to the place (see subsection 22(4)). 73CE Separate voting compartments Each place at which pre‑poll ordinary voting is available must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot‑papers. There must be a pencil in each compartment for use by voters. 73CF Ballot‑boxes (1) Each place at which pre‑poll ordinary voting is available must be provided with the necessary ballot‑boxes. (2) Each of those ballot‑boxes must be capable of being securely fastened. Subdivision B—Voting by pre‑poll ordinary vote 73CG When is a person entitled to vote by pre‑poll ordinary vote? (1) Subject to subsection (2), a person (the voter) is entitled to vote by pre‑poll ordinary vote if: (a) the voter has, in accordance with Division 2, applied for a pre‑poll vote; and (b) the voter's name is on a copy of the certified list of voters for a particular Division (the voter's Division) that has been delivered to the place (the voting place) at which the application is made; and (c) the voting place is a place at which pre‑poll ordinary voting is available to voters enrolled for the voter's Division. Note: If the voter is not entitled to vote by pre‑poll ordinary vote, the voter may instead be able to vote by pre‑poll declaration vote under Division 4. (2) The voter is not entitled to vote by pre‑poll ordinary vote if: (a) the voter does not comply with the requirements of section 73CH relating to the pre‑poll certificate for ordinary voting; or (b) the voter: (i) refuses to answer fully any question he or she is asked under section 73CI; or (ii) answers a question specified in paragraph 73CI(1)(c) or subsection 73CI(4) in the affirmative; or (c) the issuing officer has asked the voter one or more questions under subsection 73CI(2) about matters shown, for a particular person, on a copy of the certified list of voters for the voter's Division to establish whether the voter is that particular person, and one of the following applies: (i) the voter's answers do not accord with the relevant information shown for that particular person on the list; (ii) the voter's answers accord with the relevant information shown for that particular person on the list but the issuing officer is not satisfied that the person is that particular person; or (d) the voter's name is on a copy of the certified list of voters for the voter's Division but his or her address does not appear on the list; or (e) a mark on a copy of the certified list of voters for the voter's Division indicates that the voter has already voted; or (f) the voter is provisionally enrolled. 73CH Voter to complete and sign pre‑poll vote certificate for ordinary voting (1) If, under subsection 73CG(1) (but disregarding subsection 73CG(2)), the voter is entitled to vote by pre‑poll ordinary vote, a voting officer must give the voter a pre‑poll vote certificate for ordinary voting. (2) The voter must complete and sign the certificate and give it to a voting officer (the issuing officer). (3) A pre‑poll vote certificate for ordinary voting must be in the approved form. 73CI Questions to be put to voter (1) The issuing officer must ask the voter the following questions: (a) What is your full name? (b) Where do you live? (c) Have you voted before in this referendum? or Have you voted before in these referendums? (as the case requires). (2) If the answers the voter gives to the questions in paragraphs (1)(a) and (b) do not satisfy the issuing officer that the applicant is a particular person on a copy of the certified list of voters for a particular Division, the officer may ask the voter one or more other questions about matters shown on the list for the particular person, to establish whether the voter is that particular person. If election is held on same day (3) If the voting day for a referendum is the same as that fixed for the polling at an election, the answers by the voter under section 200DI of the Commonwealth Electoral Act 1918 for the purposes of the election may, if they are satisfactory as regards the election, be accepted as sufficient to enable the person to vote at the referendum. (4) If the issuing officer accepts, pursuant to subsection (3), the answers by the voter to the questions referred to in that subsection as sufficient to enable the person to vote at a referendum, the officer may, if he or she thinks fit, put to the voter the following question, namely, Have you already voted, either here or elsewhere, at this referendum (or these referendums, as the case requires)? 73CJ Right of voter to receive ballot‑paper (1) If, under section 73CG, the voter is entitled to vote by pre‑poll ordinary vote, the issuing officer must give the voter a ballot‑paper, duly initialled by the officer. (2) The issuing officer, at the request of a scrutineer, must note any objection by the scrutineer to the right of the voter to vote by pre‑poll ordinary vote, and must keep that record. (3) The issuing officer must, immediately after giving the ballot‑paper to the voter, place a mark against the voter's name on a copy of the certified list of voters for the voter's Division. 73CK Voter to mark vote on ballot‑paper Except as otherwise prescribed by the regulations, the voter, upon receipt of a ballot‑paper under section 73CJ, must without delay: (a) go to an unoccupied compartment of the voting place and mark his or her ballot‑paper in private; and (b) fold the ballot‑paper so as to conceal his or her vote and deposit it in a ballot‑box; and (c) leave the voting place. 73CL Assistance to certain voters (1) If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the voter may, according to the directions of the voter, do any of the following acts: (a) complete (but not sign) the pre‑poll vote certificate for ordinary voting; (b) read the certificate to the voter; (c) give the completed certificate to a voting officer; (d) enter an unoccupied compartment of the voting place with the voter and mark the voter's vote on the ballot‑paper; (e) fold the ballot‑paper and deposit it in a ballot‑box. Note: Subject to section 127, the pre‑poll vote certificate for ordinary voting must still be signed by the voter. (2) Directions under subsection (1) may be given by reference to a how‑to‑vote card. (3) The other provisions of this Division have effect subject to this section. 73CM Voter not entitled to vote again etc. After the voter has, under sections 73CH and 73CJ, been given a pre‑poll vote certificate for ordinary voting and a ballot‑paper: (a) the voter is not entitled to remove the certificate or the ballot‑paper from the voting place; and (b) the voter is not entitled to vote again in the same referendum. Subdivision C—Requirements relating to ballot‑boxes 73CN Subdivision sets out requirements to be complied with This Subdivision sets out requirements to be complied with in relation to each ballot‑box (a pre‑poll ordinary ballot‑box) that is used for pre‑poll ordinary voting at a particular place. 73CO Requirements to be complied with before first use of ballot‑box Before a ballot‑box is first used for pre‑poll ordinary voting at the place, a voting officer, in the presence of any scrutineers, must exhibit the ballot‑box empty at the place, and then securely fasten its cover. 73CP Requirements to be complied with at end of each day of use of ballot‑box (1) At the end of each day when pre‑poll ordinary voting is available at the place, and in the presence of any scrutineers, each pre‑poll ordinary ballot‑box used on that day must be closed, fastened and sealed by a voting officer. (2) After a pre‑poll ordinary ballot‑box has been sealed, it must on no account be opened except as allowed by this Act. 73CQ Requirements to be complied with before ballot‑box used again on later day If: (a) a pre‑poll ordinary ballot‑box has been sealed after use at the place on a day; and (b) the ballot‑box is to be used again on a later day for pre‑poll ordinary voting at the place; before the ballot‑box is so used again, a voting officer, in the presence of any scrutineers, must examine the ballot‑box, and make it ready to receive ballot‑papers. 73CR Forwarding of ballot‑boxes for purposes of scrutiny (1) Subject to any directions under subsection (2), at the close of the poll, a voting officer must, with the least possible delay, forward each sealed pre‑poll ordinary ballot‑box for the purposes of scrutiny. (2) The DRO for the Division in which the place is located may direct that one or more sealed pre‑poll ordinary ballot‑boxes at the place are to be forwarded, for the purposes of scrutiny, before the close of the poll. (3) If a direction made under subsection (2) is in writing, the direction is not a legislative instrument. Division 4—Voting by pre‑poll declaration vote 73CS Persons to whom this Division applies This Division applies to a person who has, in accordance with Division 2, applied for a pre‑poll vote but who is not, under Division 3, entitled to vote by pre‑poll ordinary vote. 61 Subsection 73D(1) Omit "The officer to whom an application for a pre‑poll vote is made", substitute "If this Division applies to a person (the elector) who has applied for a pre‑poll vote, the officer to whom the application was made". Note: The heading to section 73D is replaced by the heading "Pre‑poll declaration voting". 62 Subsection 73D(1) After "certificate", insert "for declaration voting". 63 Subsection 73D(9) After "pre‑poll vote certificate", insert "for declaration voting". 64 Section 73E After "pre‑poll vote certificate", insert "for declaration voting". Note: The heading to section 73E is altered by adding at the end "for declaration voting". 65 Subsection 73F(1) After "Where", insert ", under subsection 73D(1),". 66 Subsection 73F(1) After "pre‑poll vote certificate", insert "for declaration voting". 67 Subsection 73F(2) After "Where", insert ", under subsection 73D(1)". 68 Subsection 73F(2) After "pre‑poll vote certificate", insert "for declaration voting". 69 Paragraph 73H(1)(a) After "issued", insert "under subsection 73D(1)". 70 Section 73J After "when", insert ", under section 73D,". 71 Section 73J After "pre‑poll vote certificate", insert "for declaration voting". 72 Section 73K After "pre‑poll vote certificate", insert "for declaration voting". 73 At the end of subparagraph 90(1)(e)(i) Add ", and each pre‑poll ordinary ballot‑box (within the meaning of Division 3 of Part IVA) received from a voting officer (within the meaning of that Division)". 74 Subparagraph 90(1)(e)(iii) Omit "or electoral visitor", substitute ", electoral visitor or voting officer". 75 Paragraph 93(1)(a) After "presiding officer", insert "or the issuing officer (within the meaning of Division 3 of Part IVA),". 76 Paragraph 142A(1)(f) After "certificates", insert "(both for ordinary voting and for declaration voting)". Part 2—Application of amendments 77 Application of amendments (1) The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of the amendments. (2) However, the amendments do not apply to any by‑election that is held before the first general election to which the amendments apply. Schedule 2—Amendments relating to processing of enrolments Part 1—Amendments Commonwealth Electoral Act 1918 1 Subsection 4(1) (at the end of the definition of officer) Add ", and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under subsection 28(2)". 2 Section 28 Before "The", insert "(1)". 3 At the end of section 28 Add: Delegation of enrolment powers and functions (2) The Electoral Commissioner may, in writing, delegate all or any of his or her enrolment powers and functions to any of the following: (a) any officer; (b) any other member of the staff of the Electoral Commission. Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people. (3) In exercising powers or performing functions delegated under subsection (2), the delegate must comply with any directions of the Electoral Commissioner. (4) In subsection (2): enrolment powers and functions means the powers and functions of the Electoral Commissioner under the following provisions: (a) sections 86 and 87; (b) the provisions of Parts VII, VIII, IX and X; (c) sections 184A to 185C; (d) section 249. 4 Subsection 86(3) Omit "relevant officer" (wherever occurring), substitute "Electoral Commissioner". 5 Subsection 86(4) Repeal the subsection. 6 Section 87 Omit all the words from and including "Upon" to and including "shall:", substitute "If a new Roll for a Subdivision is prepared, the Electoral Commissioner must:". 7 Subsection 93A(2) Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner". 8 Subsection 93A(2) Omit "Divisional Returning Officer or Australian Electoral Officer" (second occurring), substitute "Electoral Commissioner". 9 Subsection 93A(3) Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner". 10 Subsection 93A(4) Omit "A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person's name in a Roll", substitute "If the Electoral Commissioner decides under this section to refuse to include a person's name in a Roll, the Electoral Commissioner". 11 Subsection 94(1) Omit "Divisional Returning Officer for that Division", substitute "Electoral Commissioner". 12 Paragraph 94(2)(a) Omit "Divisional Returning Officer", substitute "Electoral Commissioner". 13 Subsection 94(4) Omit "Divisional Returning Officer for a Division", substitute "Electoral Commissioner". 14 Subsection 94(4) Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner". 15 Subsection 94(5) Omit "Divisional Returning Officer to whom the application was made", substitute "Electoral Commissioner". 16 Subsection 94(8) Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner". 17 Subsection 94(8) Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner". 18 Subsection 94(9) Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner". 19 Subsection 94(9) Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner". 20 Subsection 94(11) Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner". 21 Subsection 94(14) Omit "Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (2) has been made", substitute "Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (2) and the Electoral Commissioner". 22 Subsection 94(14) Omit "DRO", substitute "Electoral Commissioner". 23 Paragraph 94(15)(a) Omit "Divisional Returning Officer to whom the application was made", substitute "Electoral Commissioner". 24 Paragraph 94(15)(a) Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner". 25 Subsection 94A(1) Omit "Australian Electoral Officer for a State for enrolment for a Subdivision in that State", substitute "Electoral Commissioner for enrolment for a Subdivision". 26 Paragraph 94A(2A)(b) Omit "Australian Electoral Officer", substitute "Electoral Commissioner". 27 Subsection 94A(3) Omit "Australian Electoral Officer must cause the person's name to be added", substitute "Electoral Commissioner must add the person's name". 28 Paragraph 94A(4)(a) Omit "an Australian Electoral Officer", substitute "the Electoral Commissioner". 29 Subsection 94A(5) Omit "Australian Electoral Officer", substitute "Electoral Commissioner". 30 Paragraph 94A(5)(b) Omit "Australian Electoral Officer's", substitute "Electoral Commissioner's". 31 Subsection 94A(6) Omit "Australian Electoral Officer must forward the application to the relevant Divisional Returning Officer, who", substitute "Electoral Commissioner". 32 Subsection 95(1) Omit "Divisional Returning Officer for the Division that includes the relevant Subdivision", substitute "Electoral Commissioner". 33 Subsection 95(1) Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner". 34 Paragraph 95(2A)(b) Omit "Divisional Returning Officer", substitute "Electoral Commissioner". 35 Subsection 95(4) Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner". 36 Subsection 95(4) Omit "the Division", substitute "a Division". 37 Subsection 95(4) After "Subdivision", insert "of that Division". 38 Subsection 95(5) Omit "Divisional Returning Officer", substitute "Electoral Commissioner". 39 Paragraph 95(5)(c) Omit "Divisional Returning Officer's", substitute "Electoral Commissioner's". 40 Subsection 95(6) Omit "Divisional Returning Officer to whom the application under subsection (1) to be treated as an eligible overseas elector was made", substitute "Electoral Commissioner". 41 Subsection 95(8) Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner". 42 Subsection 95(8) Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner". 43 Subsection 95(9) Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner". 44 Subsection 95(9) Omit "Divisional Returning Officer to whom the application is made", substitute "Electoral Commissioner". 45 Subsection 95(11) Omit "Divisional Returning Officer for the Division for which he or she is enrolled", substitute "Electoral Commissioner". 46 Subsection 95(14) Omit "Divisional Returning Officer for the Division on the Roll for a Subdivision of which an annotation in relation to a person under subsection (1) has been made", substitute "Electoral Commissioner has annotated a Roll for a Subdivision of a Division in relation to a person under subsection (1) and the Electoral Commissioner". 47 Subsection 95(14) Omit "DRO", substitute "Electoral Commissioner". 48 Paragraph 95(15)(a) Omit "Divisional Returning Officer to whom the application was made", substitute "Electoral Commissioner". 49 Paragraph 95(15)(a) Omit "Divisional Returning Officer" (second occurring), substitute "Electoral Commissioner". 50 Section 95AB Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner". 51 Subsection 95AC(1) Omit "A Divisional Returning Officer who, under section 95AA, causes the name of a person to be added to the Roll", substitute "If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under section 95AA, the Electoral Commissioner". 52 Subsection 95AC(2) Repeal the subsection, substitute: (2) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors to whom an annotation under subsection (1) applies. Upon completion of the review, the Electoral Commissioner may make such alterations to the Roll as he or she thinks necessary to ensure that persons on that Roll under section 95AA are entitled to be so. 53 Subsection 96(1) Omit "Australian Electoral Officer for a State for enrolment under this section for a Subdivision in that State", substitute "Electoral Commissioner for enrolment under this section for a Subdivision". 54 Subsection 96(2A) Omit "Australian Electoral Officer shall cause the name of the applicant to be added", substitute "Electoral Commissioner must add the name of the applicant". 55 Subsection 96(2B) Omit "Australian Electoral Officer", substitute "Electoral Commissioner". 56 Subsection 96(4) Omit "an Australian Electoral Officer", substitute "the Electoral Commissioner". 57 Subsection 96(5) Omit "an Australian Electoral Officer", substitute "the Electoral Commissioner". 58 Subsection 96(5) Omit "Australian Electoral Officer" (second occurring), substitute "Electoral Commissioner". 59 Subsection 96(6) Repeal the subsection, substitute: (6) If the Electoral Commissioner refuses an application made by a person under subsection (1), the notice under subsection (5) must also include notice of the person's right to apply for review under Part X. 60 Subsection 96(7) Omit "Australian Electoral Officer to whom the application under subsection (1) was made", substitute "Electoral Commissioner". 61 Subsection 96(10) Omit "Where the Australian Electoral Officer who has caused the name of a person to be added to the Roll for a Subdivision of a Division under this section", substitute "If the Electoral Commissioner adds the name of a person to the Roll for a Subdivision of a Division under this section and the Electoral Commissioner". 62 Paragraphs 96(10)(a) and (b) Repeal the paragraphs, substitute: (a) if the person ceases to be entitled otherwise than because of paragraph (9)(b) and the Electoral Commissioner is aware that the person resides in the Division—cancel the annotation made in relation to the person under subsection (2B); or (b) in any other case—cancel the enrolment of the person on the Roll for the Subdivision. 63 Paragraph 96(11)(a) Repeal the paragraph, substitute: (a) where the name was not added to the Roll, and the annotation was not made, before the Electoral Commissioner became aware of the happening of the event—the Electoral Commissioner must not add the name to the Roll under this section or make the annotation; or 64 Section 97 Repeal the section, substitute: 97 Application of Part to Australian Capital Territory and Northern Territory This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory. 65 Subsection 98A(2) Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner". 66 Subsection 98A(2) Omit "Divisional Returning Officer or Australian Electoral Officer" (second occurring), substitute "Electoral Commissioner". 67 Subsection 98A(3) Omit "A Divisional Returning Officer or Australian Electoral Officer", substitute "The Electoral Commissioner". 68 Subsection 98A(4) Omit "A Divisional Returning Officer or Australian Electoral Officer who decides under this section to refuse to include a person's name in a Roll", substitute "If the Electoral Commissioner decides under this section to refuse to include a person's name in a Roll, the Electoral Commissioner". 69 Subparagraph 99A(4)(d)(ii) Omit "any Australian Electoral Officer or DRO", substitute "the Electoral Commissioner". 70 Subsection 99B(1) Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner". 71 Paragraph 99B(5)(b) Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner". Note: The heading to subsection 99B(5) is altered by omitting "Divisional Returning Officer" and substituting "Electoral Commissioner". 72 Subsection 99B(7) Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner". 73 Subsection 100(1) Omit "any Divisional Returning Officer or Australian Electoral Officer", substitute "the Electoral Commissioner". 74 Subsections 101(1) and (1A) Omit "any Divisional Returning Officer or Australian Electoral Officer", substitute "the Electoral Commissioner". 75 Subsections 101(2) and (3) Repeal the subsections. 76 Subsection 101(4) Omit "a Divisional Returning Officer or an Australian Electoral Officer", substitute "the Electoral Commissioner". 77 Subsection 101(5) Omit "Divisional Returning Officer for the Division that includes that Subdivision", substitute "Electoral Commissioner". 78 Subsection 101(7) Omit "a Divisional Returning Officer or an Australian Electoral Officer", substitute "the Electoral Commissioner". 79 Subsection 102(1) Omit "a Divisional Returning Officer for a Division receives a claim for enrolment or transfer of enrolment for that Division, the Divisional Returning Officer shall:", substitute "the Electoral Commissioner receives a claim for enrolment or transfer of enrolment, the Electoral Commissioner must:". 80 Paragraph 102(1)(b) Repeal the paragraph, substitute: (b) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled, in respect of residence at an address, to be enrolled for a Subdivision, without delay: (i) enter on the Roll for the Subdivision the name of the claimant and the other particulars required by section 83; and (ii) notify the claimant in writing that he or she has been enrolled for that Subdivision; and (iii) in the case of a claim for transfer of an enrolment from the Roll for another Subdivision—delete the name of the claimant from the Roll for that other Subdivision; and 81 Paragraph 102(1)(ba) Omit "officer", substitute "Electoral Commissioner". 82 Paragraph 102(1)(c) Omit "officer", substitute "Electoral Commissioner". 83 Paragraph 102(1)(c) Omit "in a Subdivision of that Division", substitute "for a Subdivision". 84 Subsection 102(1A) Omit "a Divisional Returning Officer may make any inquiries the officer", substitute "the Electoral Commissioner may make any inquiries that he or she". 85 Subsections 102(2) to (2E) Repeal the subsections. 86 Subsection 102(3) Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner". 87 Subsection 104(2) Omit "DRO keeping the Roll for the Subdivision", substitute "Electoral Commissioner". 88 Paragraph 104(4)(b) Omit "DRO for the Division that includes the Subdivision on the Roll for which the person making the request is to be or has been enrolled, as the case may be,", substitute "Electoral Commissioner". 89 Subsection 104(4) Omit "DRO" (second occurring), substitute "Electoral Commissioner". 90 Subsection 104(5) Omit "a DRO", substitute "the Electoral Commissioner". 91 Subsection 104(5) Omit "DRO" (second occurring), substitute "Electoral Commissioner". 92 Subsection 104(7) Repeal the subsection, substitute: (7) The Electoral Commissioner may conduct a review of the Roll for a Subdivision of a Division in relation to electors whose addresses are not shown on the Roll by virtue of this section. 93 Subsection 104(8) Omit "DRO" (wherever occurring), substitute "Electoral Commissioner". 94 Subsection 104(9) Omit "DRO", substitute "Electoral Commissioner". 95 Subsection 105(1) Omit "a Divisional Returning Officer may alter any Roll kept by the officer", substitute "the Electoral Commissioner may alter any Roll". 96 Paragraph 105(1)(f) Omit "officer", substitute "Electoral Commissioner". 97 Subsection 105(2) Repeal the subsection, substitute: (2) If: (a) the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision (other than the Subdivision in which the elector was living at the date of the claim); and (b) the elector was entitled on that date to be enrolled for the Subdivision in which he or she was living; the Electoral Commissioner may remove the name of the elector from the Roll on which the elector is enrolled and place the name of the elector on the Roll for the Subdivision in which the elector is living and notify the elector of the change of enrolment. 98 Subsection 105(4) Omit "Divisional Returning Officer for the relevant Division", substitute "Electoral Commissioner". 99 Section 106 Omit "Divisional Returning Officer for that Division", substitute "Electoral Commissioner". 100 Section 107 Omit "Divisional Returning Officer or of the person who makes the alteration on behalf of the Divisional Returning Officer", substitute "person who makes the alteration". 101 Paragraph 108(a) Repeal the paragraph, substitute: (a) forward to the Electoral Commissioner (or to an officer nominated by the Electoral Commissioner) a list of the names, addresses, occupations, ages, sexes and dates of death of all persons of the age of 17 years or upwards whose deaths have been registered during the preceding month for the State; and 102 Paragraph 108(b) Omit "Australian Electoral Officer for the State", substitute "Electoral Commissioner (or to an officer nominated by the Electoral Commissioner)". 103 Subsections 109(1) and (2) Omit "Australian Electoral Officer", substitute "Electoral Commissioner (or to an officer nominated by the Electoral Commissioner)". 104 Subsection 110(1) Omit "Australian Electoral Officer or the Divisional Returning Officer, as the case requires,", substitute "Electoral Commissioner". Note: The heading to section 110 is altered by omitting "Officers" and substituting "Electoral Commissioner". 105 Subsection 110(1) After "receipt", insert "(whether by the Commissioner or by an officer nominated by the Commissioner)". 106 Subsection 110(2) Omit "An officer", substitute "The Electoral Commissioner". 107 Subsection 111(1) Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner". 108 Subsection 111(1) Omit "the officer", substitute "the Electoral Commissioner". 109 Subsection 111(2) Omit "a Divisional Returning Officer", substitute "the Electoral Commissioner". 110 Subsection 111(2) Omit "the officer", substitute "the Electoral Commissioner". 111 Subsection 111(4) Omit "a Divisional Returning Officer who", substitute "the Electoral Commissioner". 112 Subsection 111(4) After "a Roll", insert "and the Electoral Commissioner". 113 Subsection 111(4) Omit "the officer" (wherever occurring), substitute "the Electoral Commissioner". 114 Section 111A Repeal the section. 115 Section 112 Repeal the section, substitute: 112 Application of Part to Australian Capital Territory and Northern Territory This Part applies in relation to the Australian Capital Territory or the Northern Territory as if references in this Part to a State were references to that Territory. 116 Subsection 113(1) Omit "(1) In", substitute "In". 117 Subsection 113(1) (definition of appropriate DRO) Repeal the definition. 118 Subsection 113(1) (definition of official objection) Omit "a DRO", substitute "the Electoral Commissioner". 119 Subsection 113(2) Repeal the subsection. 120 Subsection 114(2) Omit "DRO for a Division", substitute "Electoral Commissioner". 121 Subsection 114(2) Omit "that Division", substitute "a Division". 122 Subsection 114(3) Omit "A DRO", substitute "The Electoral Commissioner". 123 Subsection 114(4) Omit "DRO for a Division", substitute "Electoral Commissioner". 124 Subsection 114(4) Omit "that Division", substitute "a Division". 125 Subsection 114(5) Omit "DRO for a Division", substitute "Electoral Commissioner". 126 Subsection 114(5) Omit "DRO" (second occurring), substitute "Electoral Commissioner". 127 Subsection 115(2) Omit "appropriate DRO", substitute "Electoral Commissioner". 128 Subsection 116(1) Omit "DRO", substitute "Electoral Commissioner". 129 Subparagraph 116(2)(b)(iv) Repeal the subparagraph, substitute: (iv) advise the elector of what he or she must do if he or she wishes to answer the objection; and 130 Subparagraphs 116(2)(c)(i) and (ii) Omit "DRO", substitute "Electoral Commissioner". 131 Subsection 116(3) Omit "DRO" (wherever occurring), substitute "Electoral Commissioner". 132 Subsection 116(4) Omit "DRO", substitute "Electoral Commissioner". 133 Section 117 Repeal the section. 134 Subsection 118(1) Omit "A DRO", substitute "The Electoral Commissioner". 135 Paragraph 118(1)(a) Omit "officer", substitute "Electoral Commissioner". 136 Subsection 118(2) Omit "a DRO", substitute "the Electoral Commissioner". 137 Subsection 118(2) Omit "officer", substitute "Electoral Commissioner". 138 Subsection 118(3) Omit "DRO" (wherever occurring), substitute "Electoral Commissioner". 139 Subsection 118(4) Omit "DRO", substitute "Electoral Commissioner". 140 Subsection 118(4A) Omit "DRO" (wherever occurring), substitute "Electoral Commissioner". 141 Subsection 118(5) Omit "DRO", substitute "Electoral Commissioner". 142 Subsection 118(6) Omit "DRO" (wherever occurring), substitute "Electoral Commissioner". 143 Before subsection 120(1) Insert: (1A) This section only applies in relation to decisions made by a delegate of the Electoral Commissioner who is not: (a) the Deputy Electoral Commissioner; or (b) an Australian Electoral Officer. Note: The heading to section 120 is replaced by the heading "Internal review". 144 Subsection 120(1) Omit "a Divisional Returning Officer for a Division". 145 Paragraphs 120(1)(a) and (b) Omit "notifies a person", substitute "a person is notified". 146 Subsection 120(1) Omit all the words from and including "request", substitute "apply, in writing, to the Electoral Commissioner for review of the claim or objection, as the case may be". 147 Subsection 120(2) Omit "a Divisional Returning Officer for a Division notifies a person who has objected, under section 114, to an enrolment", substitute "a person who has objected to an enrolment is notified, under section 114,". 148 Subsection 120(2) Omit all the words from and including "request", substitute "apply, in writing, to the Electoral Commissioner for review of the objection". 149 Subsection 120(3) Omit "a Divisional Returning Officer for a Division". 150 Paragraph 120(3)(aa) Repeal the paragraph, substitute: (aa) a person is notified under subsection 93A(4) or 98A(4) of a decision to refuse to include in a Roll, or to transfer to a Roll, the person's name; or 151 Paragraphs 120(3)(a) and (b) Omit "notifies a person", substitute "a person is notified". 152 Paragraphs 120(3)(ba) and (bb) Repeal the paragraphs, substitute: (ba) a person is notified under subsection 104(8) of a decision that the person's address should be entered on a Roll; or (bb) a person is notified of a decision made under section 105 to alter any entry in relation to the person on a Roll (including a decision to add or remove a person's name from the Roll); or 153 Paragraphs 120(3)(c) and (ca) Omit "notifies a person", substitute "a person is notified". 154 Subsection 120(3) Omit "request the Divisional Returning Officer, in writing, to refer", substitute "apply, in writing, to the Electoral Commissioner for review of". 155 Paragraphs 120(3)(d) and (fa) Omit "by the Divisional Returning Officer". 156 Paragraph 120(3)(fb) Omit "made by the Divisional Returning Officer". 157 Subsection 120(3) Omit ", to the Australian Electoral Officer for the State that includes that Division for review". 158 Subsections 120(4) to (9) Repeal the subsections, substitute: (4) After receiving an application under subsection (1), (2) or (3), the Electoral Commissioner must: (a) personally review the decision (the reviewable decision) to which the request relates; or (b) cause the reviewable decision to be reviewed by a person to whom the Commissioner's powers and functions under this section are delegated and who was not involved in making the reviewable decision. (5) After the person mentioned in paragraph (4)(a) or (b) (the reviewer) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision): (a) confirming the reviewable decision; or (b) varying the reviewable decision; or (c) setting aside the reviewable decision and substituting a new decision. Note: An internal review decision is reviewable by the Administrative Appeals Tribunal (see section 121). Under the Administrative Appeals Tribunal Act 1975, notice must be given to persons whose interests are affected by an internal review decision. (6) For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision. 159 Before subsection 121(1) Insert: (1A) Except for decisions described in paragraph (1)(k), this section only applies in relation to: (a) a decision made by the Electoral Commissioner personally; or (b) a decision made by a delegate of the Electoral Commissioner who is: (i) the Deputy Electoral Commissioner; or (ii) an Australian Electoral Officer. 160 Paragraphs 121(1)(a) to (d) Repeal the paragraphs, substitute: (a) a decision under section 93A or 98A to refuse to include in a Roll, or transfer to a Roll, a person's name; or (b) a decision to refuse an application made under subsection 94A(1), 95(1) or 96(1); or (c) a decision under section 102 to reject a claim for enrolment, for transfer of enrolment or for age 17 enrolment; or (d) a decision to refuse a