Standing Committee on Electoral Matters
Media release, 16 June 1997
This press release was issued by the Chairman of the Committee, Mr Gary
Nairn MP, on the day the report of the inquiry,
titled The 1996 Federal Election, was tabled (16 June 1997):
REFORM OF THE COMMONWEALTH ELECTORAL SYSTEM
The Joint Standing Committee on Electoral Matters today tabled its report
of the inquiry into "all aspects of the conduct of the 1996 federal election
and matters related thereto".
The Chairman of the Committee, Mr Gary Nairn MP (Federal Member for Eden-Monaro),
said: "the reforms advocated in the report are the most far-reaching proposed
by the Parliament in more than a decade. Our 73 recommendations, if accepted
by the Government, will lead to:
safeguards against fraudulent enrolment: "the Committee recommends
several improvements to enrolment procedures, including that electors
be asked to produce at least one form of proof of identity for enrolment
and that the witnessing requirement on the enrolment form be upgraded";
voluntary voting: "if Australia is to consider itself a mature
democracy, compulsory voting should now be abolished. The assertion that
voting is a 'right' means little if one can be imprisoned for conscientiously
choosing not to exercise that right - or rather, for conscientiously exercising
the right not to vote";
a ban on misleading statements in election advertising: "if some
of the misleading statements made during elections were instead made in
private enterprise, the perpetrators would most likely find themselves
prosecuted under the Trade Practices Act. A provision similar to section
113 of South Australia's Electoral Act (which bans 'inaccurate and misleading'
purported statements of fact in election advertising) should therefore
be introduced into Commonwealth law";
the repeal of the 'Albert Langer' laws: "the Langer affair has
clearly shown that section 329A of the Electoral Act is an ineffective
and heavy-handed provision (section 329A makes it an offence to encourage,
during the election period, voters to fill in House of Representatives
ballot papers other than in accordance with the full preferential method
set out in section 240 of the Act). Section 329A and related provisions
should be repealed, while the wording of section 240 should be clarified";
a referendum to amend section 44 of the Constitution: "the 'office
of profit' and 'foreign allegiance' disqualifications in section 44 of
the Constitution frequently cause uncertainty for electors, political
parties and candidates, most recently Jackie Kelly MP and Senator-elect
Jeannie Ferris. The time has come for a referendum to clarify the requirements
of section 44";
a review of the fitness of the Australian Electoral Commission (AEC)
to conduct elections and referenda into the 21st century: "proposals
for 'regionalisation' of AEC service delivery were noted during the inquiry.
While regionalisation might well deliver certain efficiencies, a properly-resourced
divisional structure (where each House of Representatives division has
its own office) has for decades provided a valuable service. The Committee
recommends that when available, any government proposal for reorganisation
of the AEC structure be referred to this Committee for inquiry and report".
For further information please contact the Committee Chairman, Mr Gary
Nairn MP, on ph. 02 6277 4939 or the Committee secretariat on ph. 02 6277
2374.