Federal Register of Legislation
Electoral and Referendum Amendment (Provisional Voting) Act 2011
No. 37, 2011
An Act to amend the law relating to elections and referendums, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to evidence of identity for provisional votes Part 1—Amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Application of amendments
Electoral and Referendum Amendment (Provisional Voting) Act 2011 No. 37, 2011
An Act to amend the law relating to elections and referendums, and for related purposes
[Assented to 26 May 2011]
The Parliament of Australia enacts:
1 Short title This Act may be cited as the Electoral and Referendum Amendment (Provisional Voting) Act 2011.
2 Commencement This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 evidence of identity for provisional votes
Part 1—Amendments
Commonwealth Electoral Act 1918
1 Subsections 235(1B), (9) and (10) Repeal the subsections.
2 After paragraph 3 of Schedule 3 Insert: 3A. For each envelope in relation to which the following paragraphs are satisfied: (a) the envelope purports to contain a provisional vote ballot paper; (b) the DRO has reason to doubt that the signature on the envelope that purports to be the elector's signature is the elector's signature; the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.
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