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Introduced into the House of
Representatives on 27 June 2012
Portfolio: Special Minister of State
1.2
The committee seeks clarification from the Special Minister of State
regarding the basis for the nominator thresholds and deposit amounts set by
this bill before forming a view as to whether the bill is compatible with human
rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011.
1.3
This bill amends the Commonwealth Electoral Act 1918 (the
Electoral Act) and the Referendum (Machinery Provisions) Act 1984 (the
Referendum Act) to:
-
remove the prescription relating to how postal votes are processed
currently set out in the Electoral Act and the Referendum Act. The amendments
will also seek to allow for technological developments over time;
-
increase the sum to be deposited by or on behalf of a person
nominated as a Senator from $1000 to $2000;
-
increase the sum to be deposited by or on behalf of a person
nominated as a Member of the House of Representatives from $500 to $1000;
-
increase the number of nominators required by a candidate for the
Senate or the House of Representatives who has not been nominated by a
registered political party from 50 to 100 electors;
-
require unendorsed candidates for the Senate who have made a
request to be grouped to each be nominated by 100 unique electors; and
-
make a number of minor and technical amendments.
Right to take part in public
affairs and elections (Article 25 ICCPR)
1.4
The statement of compatibility states that the bill engages Article 25
of the ICCPR and that the bill contributes to the realisation of the right by
facilitating on-line postal vote applications and the use of new technologies.
1.5
The statement of compatibility also notes that while the bill does
impose deposit and nominator thresholds that must be met by candidates, these measures
are considered to be reasonable and balanced against the need to provide a
ballot paper that is easy to use and readable.
1.6
The bill increases the deposit that must be paid to the AEC upon
nomination of all candidates and also increases the number of electors who must
nominate a candidate for election who is not endorsed by a registered political
party. The committee notes that the statement of compatibility states that the
amendments seek to address two main concerns arising from the increasingly
large number of Senate groups contesting elections relating:
-
the impact on formality due to the increased complexity of the
ballot paper; and
-
practical issues associated with printing the ballot paper,
particularly readability.
1.7
The current requirement for 50 nominators for unendorsed candidates has
been in place since 1998 and the deposit amounts were last changed in 2006.
The statement of compatibility states that since the current requirements for
nominator thresholds were changed in 1998 and 2006 respectively, both the
Australian populations and average weekly earnings have increased. The
statement of compatibility states it is timely to increase the figures at this
stage 'to balance a workable and timely electoral environment against the
rights of individuals to take part in elections'.
1.8
The UN Human Rights Committee has stated in its General Comment 25 that
conditions relating to deposits should be reasonable and not discriminatory,
and that if a candidate is required to have a minimum number of supporters for
nomination this requirement should be reasonable and not act as a barrier to
candidacy.
1.9
The committee considers that further clarification is required of the
considerations taken into account in arriving at the conclusion that the
nominated thresholds and deposit amounts are reasonable and do not act as a
barrier to candidacy.
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