Joint Standing Committee on Electoral Matters
Chapter summary and list of recommendations
The page number after each recommendation refers to the full report, which
is available in
PDF format.
Chapter One - Introduction
This Chapter provides information on the 1996 Federal election and the conduct
of the inquiry.
Chapter Two - Electoral Integrity
It is unacceptable that the most fundamental transaction between a citizen
and the government - the act of choosing the government at a democratic
election - is subject to a far lower level of security than such lesser
transactions as opening a bank account, applying for a passport, applying
for a driver's licence or registering for social security benefits, to name
but a few.
The Committee therefore recommends that the witnessing requirement on
the enrolment form be upgraded, electors be asked to produce at least
one form of proof of identity for enrolment, the government expedite cross-checking
of electoral data with information held by other agencies, new enrolments
cease on the day the writ for an election is issued and "subdivisional"
voting be re-examined. Certain amendments should also be made to the procedures
for removing names from the electoral rolls following objection action.
Recommendation 1:
that the AEC prepare a comprehensive implementation plan on the Committee's
proposed measures to improve the integrity of the enrolment and voting
process, and report back to the Committee by the end of 1997. (p7)
Recommendation 2:
that as part of the implementation plan recommended above, the AEC
nominate a prescribed class of persons eligible to complete the witnessing
portion of the enrolment form if upgraded into a proof of identity declaration.
The upgraded enrolment form should specify that a witness must be on the
Commonwealth electoral roll (rather than merely eligible to be enrolled).
Adequate provision should be made for identifiable groups of people who
will face unusual difficulties in finding a witness. (p7)
Recommendation 3:
that the Electoral Act be amended to provide that an applicant for
enrolment must produce at least one original item of documentary proof
of identity, where such information has not been provided previously (that
is, all enrolment transactions initially and new enrolments thereafter).
Acceptable documents might include photographic drivers' licences, Birth
Certificates or extracts, Social Security papers (such as notice or advice
of a pension) or Veterans' Cards, Citizenship Certificates, passports,
Medicare Cards, or a written reference for a limited range of clients
unable to produce the above documentation. (p9)
Recommendation 4:
that in co-operation with relevant Commonwealth, State and Territory
departments and agencies, the AEC conduct a study identifying costs, benefits,
methods of implementation, and requirements for legislative amendment
of the following options for the expanded matching of enrolment data:
(a) manual provision of data in response to requests for information
relating to individual enrolments;
(b) bulk comparison of data held by the AEC and other departments
and agencies;
(c) on-line connections between the AEC's Roll Management System
(RMANS) and the computer systems of other government departments and
agencies, enabling validation of data as an enrolment form is entered
onto the system; and
(d) such other options as may appear as a result of the study to
appear viable. (pp11-12)
Recommendation 5:
that the Electoral Act be amended to make clear that claims for enrolment
from persons who state they have achieved citizenship through naturalisation
under the Australian Citizenship Act 1948, but who do not provide
a date of naturalisation or citizenship number, will not be accepted until
such information has been verified by the AEC (see also Recommendation
4 on cross-checking of electoral data against external databases). (p13)
Recommendation 6:
that section 155 of the Electoral Act be amended to provide that
for new enrolments, the rolls for an election close on the day the writ
is issued, and for existing electors updating address details, the rolls
for an election close at 6.00pm on the third day after the issue of the
writ. (p14)
Recommendation 7:
that as part of the implementation plan referred to at Recommendation
1, the AEC prepare a detailed proposal for the reintroduction of subdivisional
voting for future Federal elections. The proposal should consider a corresponding
public awareness campaign (so that people are aware they may be disenfranchised
if they fail to advise the AEC of a change of address across a subdivisional
boundary, even when remaining within the same division). (p16)
Recommendation 8:
that in relation to multiple voting, the word "wilfully" be deleted
from section 339(1)(j) of the Electoral Act. (p17)
Recommendation 9:
that electoral rolls for a division or subdivision again be made
available for inspection in local libraries and Post Offices. (p17)
Recommendation 10:
further to Recommendation 6, that section 118(5) of the Electoral
Act be amended to provide that the period during which a Divisional Returning
Officer cannot remove a name from the roll following objection action
commences at the close of rolls. (p19)
Recommendation 11:
that a) sections 95, 99 and 101 of the Electoral Act be amended so
that electors are required to re-enrol within one month of changing address
anywhere in Australia and b) the AEC be empowered to negotiate with utilities
and local government so that documents sent out by those bodies, to persons
who have changed address, include reminders to change enrolment details.
(p20)
Chapter Three - Preferential and Compulsory Voting
Compulsory voting was first introduced in Australia in 1915 by the government
of Queensland. A person who does not vote at a Federal election is guilty
of an offence and must pay a penalty of $20.00, unless he or she can provide
to the Australian Electoral Commission (AEC) a reason which must be "valid
and sufficient". Failure to pay the penalty may lead to court proceedings
and a fine of up to $50.00 plus court costs.
To date the political parties have conspired to use the law to do what
in virtually every other democracy the parties themselves must do - namely,
maximise voter turnout at elections. However, 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.
Also, controversy was caused during the election by the jailing of Mr
Albert Langer. Mr Langer had defied a Victorian Supreme Court injunction
preventing him from breaching section 329A of the Electoral Act. 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 voting method set out in section 240 of the
Electoral Act.
The Langer affair has clearly shown that section 329A is an ineffective
and heavy-handed provision. Section 329A and related provisions should
be repealed, while the wording of section 240 should be clarified.
Preferential voting for the Senate is also examined in this Chapter.
Recommendation 12:
that section 245 of the Electoral Act and section 45 of the
Referendum Act, and related provisions providing for compulsory voting
at Federal elections and referenda, be repealed. In the interests of effective
management of the electoral system and maintaining accurate records of
turnout, compulsory enrolment should be retained. (pp26-27)
Recommendation 13:
that sections 270(2), 329(3) and 329A of the Electoral Act
be repealed. (p32)
Recommendation 14:
that section 240 of the Electoral Act, which provides for
full preferential voting at House of Representatives elections, be amended
to include the words "consecutive numbers, without the repetition of any
number". (p32)
Recommendation 15:
that if Recommendation 13 is accepted, at future Federal elections
the AEC monitor how many informal votes would have been accepted as formal
had section 270(2) of the Electoral Act remained in force. (p33)
Recommendation 16:
that before the next election, the government seek advice
on the constitutional validity of sections 272(2) and 272(3) of the Electoral
Act, which allow a Senate group to lodge multiple voting tickets. (p35)
Recommendation 17:
that the AEC revise its procedures to ensure compliance with
section 216 of the Electoral Act, which requires that Senate group voting
tickets be "prominently displayed" on posters at polling booths. Such
information should be made available to electors who request it before
polling day. (p36)
Chapter Four - Enrolment and Voting by Certain Groups
The Committee recommends, among other things, that:
- the Electoral Act be amended to prevent voters in the Northern Territory
being unfairly disenfranchised by the continuing existence of "subdivisional"
boundaries, which were abolished elsewhere (the electorate of Kalgoorlie
excepted) several years ago;
- following the next election the AEC review its service delivery to
indigenous electors, in the context of the recent abolition of the Aboriginal
and Torres Strait Islander Electoral Information Service (ATSIEIS);
- procedures for "assisted voting" be amended to prevent voters being
improperly influenced;
- any person serving a prison sentence for an offence against the laws
of the Commonwealth, or of a State or a Territory, not be entitled to
enrol and vote at Federal elections; and
- improvements be made to procedures for voting by the disabled and
residents of hospitals and nursing homes.
Recommendation 18:
that the Electoral Act be amended to allow the reinstatement
of provisional votes where an elector has moved between subdivisions in
the Northern Territory or Kalgoorlie, but has remained within the relevant
division. (p40)
Recommendation 19:
that following the next Federal election the AEC conduct a
review of its service delivery to Aboriginal and Torres Strait Islander
electors, in the context of the abolition of the ATSIEIS, and report back
to the Parliament. (p44)
Recommendation 20:
that in relation to assisted voting, section 234(1) of the
Electoral Act be repealed, and section 234(2) be amended to allow any
polling official (rather than a "presiding officer") to assist a voter.
(p46)
Recommendation 21:
that the ATSIC Act be amended to provide that ATSIC elections
may not be held in the period between the close of nominations and the
close of polling for a Federal, State or Territory election. (p46)
Recommendation 22:
that the Electoral Act be amended to allow Australians resident
overseas for the purposes of career or employment to remain enrolled,
or to enrol after departing Australia, for a subdivision under similar
criteria to those provided for itinerant electors in section 96(2A) of
the Act. The qualifying period of three years or less under section 94
of the Act should be extended to six years (with the retention of the
capacity, under sections 94(8) and 94(9), for electors to apply for further
extensions on a year-by-year basis). (pp47-48)
Recommendation 23:
that section 193(2) of the Electoral Act be amended to replace
any reference to the "Queen's Dominions" with "Commonwealth". (p48)
Recommendation 24:
that section 93(8)(b) of the Electoral Act be amended to provide
that a person serving a prison sentence for any offence against the law
of the Commonwealth, or of a State or Territory, is not entitled to enrol
or vote at Federal elections. (p48)
Recommendation 25:
that the AEC improve education for staff in hospitals and
nursing homes (and other such institutions likely to be appointed as polling
places) to ensure that patients are not deprived of the right to vote,
and that the rights of party scrutineers are understood and applied consistently.
(p50)
Recommendation 26:
that section 226(2A) of the Electoral Act be amended so that
during the conduct of mobile polling at special hospitals, Electoral Visitors
are allowed to advise voters that how-to-vote material is available. (p51)
Recommendation 27:
that a drafting error in section 226(4)(a) of the Electoral
Act be corrected, by replacing the reference therein to section 219 of
the Act ("participation by candidates in the conduct of an election")
with a reference to section 348 ("control of behaviour at polling booths
etc."). (p51)
Recommendation 28:
that the Electoral Act be amended to enable presiding officers
to take ballot papers immediately outside a polling place to electors
who, because of physical incapacity, cannot enter the polling place. Scrutineers
should be given the opportunity to observe this process. (p52)
Chapter Five - Enrolment and Voting: Other Issues
Some 13.8 percent of the votes cast at the 1996 Federal election were "declaration"
votes (postal, pre-poll, absent and provisional votes), for which electors
filled out their details on envelopes into which their ballot papers were
placed. The Committee rejects the AEC's proposal that voters casting pre-poll
votes in their own electorates have ordinary votes rather than the present
declaration votes.
Certain restrictions should be placed on the political parties' use
of the AEC's official postal vote application form. Also, the postal vote
envelope needs to be redesigned as a matter of urgency, given that a number
of envelopes split when sorted through Australia Post's machinery. The
redesign should take account of concerns about the secrecy of postal voting.
Regarding the method of marking the ballot paper, the existing formality
provisions are generally appropriate. Also, the Committee rejects calls
for computerised voting. A computerised system would be expensive and
less secure than existing methods, and there is no evidence to suggest
that voters would find a computer screen more user-friendly than a conventional
ballot paper.
The counting of votes is known as the "scrutiny". The Senate scrutiny
should be computerised, while the "two candidate preferred count" (a provisional
distribution of preferences direct to the two candidates most likely to
win each seat) should be used where possible for the formal declaration
of House of Representatives results.
Also examined in this Chapter are the live broadcast of early results
to Western Australia, queuing at some polling places and the AEC's public
awareness campaigns. On this last matter, the Committee is concerned about
instances of the AEC's Voting Guide being delivered to households together
with political material.
Recommendation 29:
that the AEC, in its pre-election advertising, emphasise that
pre-poll and postal voting is only available to those electors who will
be unable to cast an ordinary vote on polling day. (p54)
Recommendation 30:
that the Electoral Act and the Referendum Act be amended to
make clear that a postal vote application form sent to an elector must
be the official AEC form or an exact replica, and must not be incorporated
into another document with material issued by a body other than the AEC.
(p55)
Recommendation 31:
that the postal voting provisions of the Electoral Act and
the Referendum Act be amended to enable double enveloping, by deleting
the requirement for the declaration certificate and the return address
of the Divisional Returning Officer to be printed on the envelope into
which the postal ballot papers are placed. (pp56-57)
Recommendation 32:
that paragraph 7 of Schedule 3 of the Electoral Act and paragraph
7 of Schedule 4 of the Referendum Act concerning the postmarking of postal
vote envelopes be repealed, so that the date of the witness's signature
is instead used to determine if a postal vote was cast before the close
of polling. The witnessing portion of the postal vote envelope should
specify all the elector's details being attested to, and should make clear
that it is an offence for a witness to make a false declaration. (p58)
Recommendation 33:
that the Electoral Act be amended to permit candidates to
receive, on request, an electronic copy of the marked roll of those electors
who lodged postal votes at the relevant election. (p58)
Recommendation 34:
that the Electoral Commissioner be provided with a discretion
in the Electoral Act with regard to the layout and formatting of the Senate
ballot paper, to enable cost-effective use of standard paper stocks and
printing technologies. Any new format should not compromise the legibility
of the ballot paper. (p61)
Recommendation 35:
that section 273 of the Electoral Act be amended so as to
permit the Senate scrutiny to be carried out by either the current manual
processes or by a computer process based on the same principles as the
manual count. (p63)
Recommendation 36:
that the Electoral Act be amended so that, where on the basis
of first preferences votes the exclusion of all but two candidates for
a House of Representatives division is inevitable, the declaration of
the poll proceeds based on the result of the two candidate preferred count.
(p64)
Recommendation 37:
that section 266 of the Electoral Act concerning the preliminary
scrutiny of declaration votes be amended to provide that the preliminary
scrutiny may begin on the Monday before polling day. (p65)
Recommendation 38:
that sections 153(2)(b) and 154(4)(b) of the Electoral Act,
and section 14(2) of the Referendum Act, be amended to require the advertising
of election and referendum writs in only one newspaper circulating in
a State or Territory where there are not two newspapers in wide circulation.
(p68)
Chapter Six - Nomination of Candidates and Registration of Parties
In this Chapter the Committee:
- recommends a referendum to resolve uncertainty caused by the "foreign
allegiance" and "office of profit" disqualifications in section 44 of
the Constitution;
- recommends that the nomination deposit required of candidates, and
the number of electors' signatures required to nominate as an independent
candidate, be increased to deter candidatures unlikely to attract significant
public support;
- recommends a 24-hour gap between the close of nominations and the
declaration of candidatures, to give the AEC more time to check last-minute
nominations;
- concludes that the controversy surrounding the election of Ms Pauline
Hanson as the Member for Oxley does not, in itself, warrant an impractical
amendment to provide for party affiliations to be removed from the ballot
paper after the close of nominations; and
- examines other matters concerning the endorsement and nomination
of candidates and the registration of parties.
Recommendation 39:
that at an appropriate time, such as in conjunction with the
next Federal election, a referendum be held on a) applying the "office
of profit" disqualification in section 44(iv) from the start of an MP's
term, rather than from the time of nomination, and b) deleting section
44(i) on "foreign allegiance" and otherwise amending the Constitution
to make Australian citizenship a necessary qualification for membership
of the Parliament. (pp73-74)
Recommendation 40:
that section 170(3) of the Electoral Act be amended to increase
the deposit for nomination from $250 to $350 for the House of Representatives,
and from $500 to $700 for the Senate. (p74)
Recommendation 41:
that section 166(1)(b)(i) of the Electoral Act be amended
so that the number of signatures required in support of a nomination by
a candidate not endorsed by a registered political party is increased
from six to 50. (p75)
Recommendation 42:
that sections 156(1), 176 and 213(1)(a) of the Electoral Act
be amended to reduce the nomination period by one day (to not less than
10 days or more than 27 days), with the declaration of nominations to
be held 24 hours after the close of nominations. Sections 211 and 211A
of the Act (which refer to the "closing" of nominations) should be amended,
so that Senate candidates and groups still have 24 hours after the declaration
to advise the AEC of their desired preference distributions. (pp75-76)
Recommendation 43:
that sections 176(1), 213(1)(a) and 283(1) of the Electoral
Act be amended to allow the Senate ballot paper draw and the declaration
of the Senate result to be carried out at the place of nomination, or
at another convenient location as decided by the Australian Electoral
Officer, if insufficient space is available at the AEC Head Office. (pp76-77)
Recommendation 44:
that the Electoral Act be amended to enable registered party
names or abbreviations, as appropriate, to be printed against the names
of candidates, where two or more parties are seeking to use the same party
identifier to endorse candidates at an election. An appropriate description
should also be able to be used if necessary. (p78)
Recommendation 45:
that section 169B of the Electoral Act be amended to provide
that a candidate endorsed by more than one political party must specify
to the AEC, in writing, the name of the political party to be printed
on the ballot paper. (p78)
Recommendation 46:
that the Electoral Act be amended to enable a registered political
party to object to the continuing use of a party name and/or abbreviation
by another party which obtained its registration by claiming related party
status to that registered political party, where that relationship no
longer exists. (p79)
Chapter Seven - Election Campaigning
As is always the case after a Federal election, several MPs and political
parties wrote to the inquiry to express concern about opponents' campaigning
practices. In addition, a number of submission writers dealt with such policy
issues as the regulation of "truth" in political advertising.
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 be introduced into Commonwealth law. The
provisions of the Electoral Act which govern the authorisation of campaign
material also need to be amended, while the penalties applying to electoral
offences should be reviewed.
Section 91 of the Electoral Act provides that after each general election,
the latest printed rolls and "habitation indexes" (name and address information
from the rolls reformatted in street address order) shall be copied to
registered political parties, Senators and Members of the House of Representatives.
The rolls and habitation indexes only show name and address information.
The additional provision of age, gender and salutation information would
greatly assist MPs and political parties in their basic role of communicating
with electors.
Recommendation 47:
that the Electoral Act and the Broadcasting Act be amended
to prohibit, during election periods, "misleading statements of fact"
in electoral advertisements published by any means. (p85)
Recommendation 48:
that section 328 of the Electoral Act and section 121 of the
Referendum Act be amended, to provide that where an electoral advertisement
is presented so that the AEC believes there is no reasonable doubt as
to the individual who, or body which, is responsible for its publication,
the authorisation requirements will be taken to be satisfied. The authorisation
provisions should still specify that correct name and (street) address
details must be clearly displayed. (p87)
Recommendation 49:
that section 331 of the Electoral Act ("heading to electoral
advertisements") be amended to ensure that a) as well as newspapers it
applies to other periodical newsheets and magazines that accept paid advertisements,
and b) it applies to advertisements containing electoral matter whether
inserted "for reward" or free of charge by the owner or editor of the
publication. (p88)
Recommendation 50:
that section 332 of the Electoral Act and section 125 of the
Referendum Act ("authors of reports etc. to be identified") be repealed.
(p89)
Recommendation 51:
that a review of the level of penalties for offences under
the Electoral Act and the Referendum Act be undertaken by the AEC with
the assistance of the Attorney-General's Department, with a view to bringing
the penalties into line with penalty rates for comparable offences under
other Commonwealth statutes. (p90)
Recommendation 52:
that the enrolment form be amended to provide for electors'
salutation details, and that section 91 of the Electoral Act be amended
so that electors' gender, age and salutation details are provided to Members
of Parliament and registered political parties, subject to a) sections
91A(1A)(c) and 91A(2)(c) of the Act being amended to make clear that the
"permitted purposes" in relation to MPs and registered parties include
research purposes, and b) the penalties for misuse specified in sections
91A and 91B of the Act being increased from $1000 to $10 000 (the outcome
of the review of penalties provided for in Recommendation 51 should not
delay the proposed increase). (p93)
Recommendation 53:
that sections 89 to 92 of the Electoral Act, concerning improper
use of roll information, be reviewed to take account of developments in
computer technology. The existing entitlements of MPs and registered political
parties should be maintained. (p94)
Recommendation 54:
that the Electoral Act be amended so that the prohibition
on canvassing at "special hospitals" and hospitals that are polling places
applies from the Monday before polling day to the expiration of polling
day, and so that the gazettal of special hospitals is effective on an
ongoing basis. (p97)
Chapter Eight - Election Funding and Financial Disclosure
Part XX of the Electoral Act provides for public funding of election campaigns,
annual financial disclosure by registered political parties and donors,
and post-election financial disclosure by parties, candidates, and others.
The Committee recommends that:
- the various reporting thresholds be increased to more accurately
reflect current financial values;
- political parties no longer be required to lodge an election return
in addition to an annual return;
- political parties be permitted to lodge audited annual accounts in
place of the annual return, subject to certain conditions being met;
- donations to a political party (or an independent candidate) of up
to $1500 annually be tax deductible; and
- the amount of public funding for an election be based on total enrolment
as at the close of rolls.
Recommendation 55:
that section 314AC(1) of the Electoral Act be amended so that
political parties are required to disclose a total amount of $5000 or
more, rather than $1500, received from a person or organisation during
a financial year. (p101)
Recommendation 56:
that section 314AC(2) of the Electoral Act be amended to raise
from $500 to $1500 the threshold for counting individual amounts received.
(p101)
Recommendation 57:
that section 305B(1) of the Electoral Act be amended to increase
from $1500 to $10 000 the amount above which a donor to a registered political
party must furnish a return for the financial year. (p102)
Recommendation 58:
that section 309 of the Electoral Act be amended so that registered
political parties are not required to lodge returns of electoral expenditure.
(p102)
Recommendation 59:
that the Electoral Act be amended to allow registered political
parties to lodge their audited accounts in place of the annual return,
subject to a) the accounts containing a level of detail consistent with
Part XX of the Act and b) the format of the accounts being approved by
the AEC. (p102)
Recommendation 60:
that section 314AD of the Electoral Act be amended to replace
the current requirement to report in detail amounts paid with a requirement
to report total expenditure. (p103)
Recommendation 61:
that section 78 of the Commonwealth Income Tax Assessment
Act be amended so that donations to a political party of up to $1500 annually,
whether from an individual or a corporation, are tax deductible. (p104)
Recommendation 62:
that section 78 of the Income Tax Assessment Act be amended
to provide that donations to an independent candidate at a Federal or
State election are tax deductible, at the same level as donations to registered
parties. (p104)
Recommendation 63:
that the Electoral Act be amended so that the amount of public
funding available is based on the total enrolment at the close of rolls
for an election, multiplied by the amount payable per elector as in section
294 of the Act. (p105)
Recommendation 64:
that section 311A of the Electoral Act, concerning annual
returns by Commonwealth departments, be deleted and inserted in more appropriate
legislation. (p105)
Chapter Nine - Other Matters
The AEC has a three-tiered structure with a Central Office in Canberra,
a Head Office in each State and the Northern Territory, and offices in most
of the House of Representatives electoral divisions. The divisional offices
have a permanent staff of two to three officers including the Divisional
Returning Officer (DRO). The ongoing debate about the divisional office
structure is noted in this Chapter.
An election result for a House of Representatives division, or a State
or Territory for the Senate, may be challenged by way of a petition to
the High Court sitting as the Court of Disputed Returns. The Electoral
Act should be amended to expedite petition results and to avoid a repeat,
at the Commonwealth level, of the Mundingburra by-election in Queensland.
The Committee endorses four-year terms for the House of Representatives,
and recommends that limits be placed on the extent to which by-elections
can be delayed for partisan reasons.
The 1996 Federal election is the sixth in succession to be examined
by a parliamentary committee on electoral matters. The Committee now intends
to report on more specialised topics, having tabled this comprehensive
review of the electoral system. An inquiry into industrial elections is
underway, while later this year the Committee will seek a reference on
the AEC's conduct of elections for the Aboriginal and Torres Strait Islander
Commission (ATSIC).
Recommendation 65:
that when available, any government proposal for reorganisation
of the AEC divisional office structure be referred to this Committee for
inquiry and report. (p110)
Recommendation 66:
that if regionalisation does not proceed, funding for AEC
divisional offices be increased to a level sufficient to maintain a permanent
staff of three in each office. (p110)
Recommendation 67:
that if regionalisation does not proceed, the government provide
special project funding as a matter of urgency to enable replacement of
the information technology used in AEC divisional offices. (p111)
Recommendation 68:
that section 188 of the Electoral Act and section 61 of the
Referendum Act be amended to provide that where Australian Defence Force
(ADF) personnel are serving in an overseas country as a formed unit, and
Australia Post certifies that postal vote applications or ballot papers
would not, if posted, reach the personnel in time for their votes to be
cast before the relevant deadline, then the requirements of section 188
and section 61 shall be satisfied if a Divisional Returning Officer provides
the relevant applications or ballot papers to a designated member of the
ADF. (p113)
Recommendation 69:
that similar amendments be made to the Electoral Act and the
Referendum Act to cover cases where the AEC uses services other than postal
services, such as contractual delivery, for the conveyance of postal voting
material. (p113)
Recommendation 70:
that the Electoral Act and the Referendum Act be amended to
provide explicitly that a failure of an alternative mechanism to the postal
service shall not, in cases where the postal service has broken down,
form the basis for a challenge to the result of the election in the Court
of Disputed Returns. (p113)
Recommendation 71:
that the Electoral Act and the Referendum Act be amended so
that the Court of Disputed Returns or the High Court must decide election
or referendum petitions "as quickly as is reasonable in the circumstances".
(p114)
Recommendation 72:
that section 354 of the Electoral Act be amended to enable
the High Court to remit aspects of a petition to a Supreme Court, with
the High Court retaining final jurisdiction on relief. (p114)
Recommendation 73:
that the Electoral Act be amended so that within 75 days of
the resignation or death of a Member of the House of Representatives,
a writ must be issued for a by-election (except in the four months before
the expiry of the House of Representatives by effluxion of time). A similar
amendment should apply to supplementary elections caused by, for example,
the death of a candidate after the close of nominations. (p115)
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