§ CEA s. 396Modifications by legislative instrument in the event of an emergency

Scope (1) This section applies if: (a) an emergency is declared (however described) under a Commonwealth emergency law; and (b) the Electoral Commissioner is satisfied on reasonable grounds that the emergency to which the declaration relates would interfere with the due conduct of an election in a geographical area to which the declaration applies (the emergency area ). Electoral Commissioner may modify operation of this Act, or provisions of this Act, in certain circumstances (2) If the Electoral Commissioner is satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of the election in the emergency area, the Electoral Commissioner may, by legislative instrument, modify the operation of this Act, or specified provisions of this Act, in relation to any or all of the following: (a) expanding the grounds on which a person in the emergency area may apply for a postal vote or a pre ‑ poll vote (see sections 183 and 200A); (b) extending the period during which applications for pre ‑ poll votes may be made to a pre ‑ poll voting officer (see section 200BA) at a place in the emergency area (but not so as to be earlier than 5 days after the declaration of nominations); (c) amending the number of scrutineers a group of candidates is entitled (see section 264) to be represented by at a scrutiny under section 273A at a particular counting centre in the emergency area (but not so as to be less than one scrutineer per group of candidates per officer engaged in a scrutiny or counting of ballot papers at that centre). Note: For the meaning of group , see subsection (10). (3) The Electoral Commissioner may, by legislative instrument, modify the operation of this Act, or specified provisions of this Act, to allow a person to do either or both of the following: (a) if the Electoral Commissioner is satisfied, on reasonable grounds, that the person being present for action that is to take place under the Act in the emergency area is necessary or conducive for the due conduct of the election in the emergency area—travel, or be present, for the action; (b) conduct an activity mentioned in subsection (4) within 100 metres of the entrance to a polling booth or pre ‑ poll voting office in the emergency area, or travel for the purposes of conducting the activity; despite a prescribed Commonwealth, State or Territory law, or a prescribed kind of Commonwealth, State or Territory law. Note: Paragraph (a) may cover, for example: (a) permitting candidates, and agents for candidates, to be present at a place of nomination, in the emergency area, for the determination of the order of the names of the candidates or of groups in ballot papers to be used in an election; or (b) permitting scrutineers to be present at a counting centre, in the emergency area, for scrutiny. (4) For the purposes of paragraph (3)(b), the activities are the following: (a) canvassing for votes in an election; (b) supplying electoral matter to electors; (c) soliciting the vote of an elector in an election; (d) exhibiting a notice or sign (other than an official notice or sign) relating to an election. (5) A legislative instrument made under subsection (2) or (3) has effect according to its terms, despite any other provision of this Act. Electoral Commissioner must notify the Prime Minister and Leader of the Opposition (6) Before making an instrument under subsection (2) or (3), the Electoral Commissioner must notify the Prime Minister and the Leader of the Opposition in the House of Representatives, in writing: (a) that the Electoral Commissioner is considering making the instrument; and (b) why the Electoral Commissioner considers it necessary to make the instrument; and (c) how modifications to be made under the instrument will be limited to the emergency area and the period for which the relevant emergency declaration is in force. Modification must be published on the Electoral Commission’s website (7) If the Electoral Commissioner makes a legislative instrument under subsection (2) or (3), the Electoral Commissioner: (a) must publish the legislative instrument on the Electoral Commission’s website; and (b) may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate. Commonwealth emergency law (8) In this section, Commonwealth emergency law means the following: (a) the Biosecurity Act 2015 ; (b) the National Emergency Declaration Act 2020 ; (c) the National Health Act 1953 ; (d) the National Health Security Act 2007 ; (e) any other Commonwealth law specified under subsection (9). (9) The Minister may, by legislative instrument, specify a law of the Commonwealth for the purposes of the definition of Commonwealth emergency law in subsection (8). Group of candidates (10) In this section, group of candidates has the same meaning as in Part XX. Note: See subsection 287(1). Sunset (11) A legislative instrument made under subsection (2) or (3) ceases to have effect at the earlier of the following: (a) when the emergency declaration referred to in subsection (1) is revoked, repealed or otherwise ceases to have effect; (b) when the writs for the election to which the legislative instrument relates are returned. Schedule 1 — Forms Section 152 FORM A COMMONWEALTH OF AUSTRALIA To the Australian Electoral Officer for the State of [ here insert name of State ]. GREETING. We command you to cause election to be made according to law of [ here insert number ] Senators for our State of [ here insert name of State ] to serve in the Senate of the Parliament of the Commonwealth of Australia. And we appoint the day of 20 as the day for the close of the Rolls. And we appoint the day of 20 , at twelve o’clock noon to be the day and time before which nominations of Senators at and for the said election are to be made. And we appoint the day of 20 , to be the day on which the poll is to be taken in the event of the said election being contested. And we command you to certify the names of the Senators elected and to return this our writ with the certificate attached to our Governor in and over our said State on or before the day of 20 . Witness [ here insert the title of the Governor of the State issuing the writ ] at [ here insert place ] in our said State the day of in the year of our Lord Two thousand and Section 152 FORM AA COMMONWEALTH OF AUSTRALIA To the Australian Electoral Officer for the Territory of [ here insert name of Territory ]. GREETING. We command you to cause election to be made according to law of 2 Senators for our Territory of [ here insert name of Territory ] to serve in the Senate of the Parliament of the Commonwealth of Australia from and after the date of their election. And we appoint the day of 20 as the day for the close of the Rolls. And we appoint the day of 20 , at twelve o’clock noon to be the day and time before which nominations of Senators at and for the said election are to be made. And we appoint the day of 20 , to be the day on which the poll is to be taken in the event of the said election being contested. And we command you to certify the names of the Senators elected and to return this our writ with the certificate attached to our Governor ‑ General in and over our said Commonwealth of Australia on or before the day of 20 . Witness [ here insert the Governor ‑ General’s title ] at [ here insert place ] the day of in the year of our Lord Two thousand and Section 152 FORM B Writ for the Election of [ here insert members or a member, as the case requires ] of the House of Representatives. COMMONWEALTH OF AUSTRALIA To, Electoral Commissioner. GREETING. We command you that you cause [ here insert elections or election, as the case requires ], to be made according to law of [ here insert Members of the House of Representatives or one Member of the House of Representatives for the Electoral Division of [ here insert name of Division ], as the case requires ], to serve in the Parliament of our Commonwealth of Australia and we appoint the following dates for the purposes of the said, [ elections or election as the case requires ] 1. For the close of the Rolls the day of 20 . 2. For nomination the day of 20 . 3. For taking the poll at the different polling places in the event of the election being contested the day of 20 . 4. For the return of the writ on or before the day of 20 . Witness [ here insert the Governor ‑ General’s title or Speaker’s title, as the case requires ] at [ here insert place ] the day of in the year of our Lord Two thousand and Section 166 FORM C Nomination of a Senator To the Electoral Commissioner. We, electors on the electoral roll for [ name of State or Territory ] and entitled to vote at the election of Senators for that [State/Territory], hereby nominate the person named below as a Senator for that [State/Territory] to serve in the Senate of the Parliament of the Commonwealth. Dated 20 . Nominators Surname or family name Christian or given names Residential address for which enrolled Date of Birth Signature Candidate Name of candidate as enrolled Surname or family name Christian or given names Form of Christian or given names to appear on ballot paper Residential address Occupation I, the candidate named above, state that: Please tick [  ] I am an Australian citizen Yes [ ] No [ ] I am at least 18 years of age Yes [ ] No [ ] I am an elector or qualified to be an elector Yes [ ] No [ ] I am not, by virtue of section 44 of the Constitution, Yes [ ] No [ ] incapable of being chosen or of sitting as a Senator and I declare that: I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator; I am not, and do not intend to be, a candidate in any other election to be held on the same day as the election to which the above nomination relates; I consent to act as a Senator for the above [State/Territory] if elected. I wish my Christian or given names to appear on the ballot paper in the form shown above. [ Signature of candidate ] Section 166 FORM CA Nomination of a Senator To the Electoral Commissioner. I, [ name ], the registered officer [ or deputy registered officer] of the [ name of registered political party ] hereby nominate the person named below as a Senator for [ name of State or Territory ] to serve in the Senate of the Parliament of the Commonwealth. I wish/do not wish the logo of the [ name of registered political party ] entered in the Register to appear on the ballot paper. Dated 20 . [ Signature ] Candidate Name of candidate as enrolled Surname or family name Christian or given names Form of Christian or given names to appear on ballot paper Residential address Occupation I, the candidate named above, state that: Please tick [  ] I am an Australian citizen Yes [ ] No [ ] I am at least 18 years of age Yes [ ] No [ ] I am an elector or qualified to be an elector Yes [ ] No [ ] I am not, by virtue of section 44 of the Yes [ ] No [ ] Constitution, incapable of being chosen or of sitting as a Senator and I declare that: I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator; I am not, and do not intend to be, a candidate in any other election to be held on the same day as the election to which the above nomination relates; I consent to act as a Senator for the above [State/Territory] if elected. I wish my Christian or given names to appear on the ballot paper in the form shown above. [ Signature of candidate ] Section 166 FORM CC Nomination of Senators To the Electoral Commissioner. I, [ name ], the registered officer [ or deputy registered officer] of the [ name of registered political party ] hereby nominate the persons named below as Senators for [ name of State or Territory ] to serve in the Senate of the Parliament of the Commonwealth. I wish/do not wish the logo of the [ name of registered political party ] entered in the Register to appear on the ballot paper. Dated 20 . [ Signature ] Each of the candidates named below, states that: Please tick [  ] I am an Australian citizen Yes [ ] No [ ] I am at least 18 years of age Yes [ ] No [ ] I am an elector or qualified to be an elector Yes [ ] No [ ] I am not, by virtue of section 44 of the Yes [ ] No [ ] Constitution, incapable of being chosen or of sitting as a Senator and declares as follows: I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator; I am not, and do not intend to be, a candidate in any other election to be held on the same day as the election to which the above nomination relates; I consent to act as a Senator for the above [State/Territory] if elected. Each of the candidates named below requests that the Christian or given names of the candidate appear on the ballot paper in the form shown below. Name of candidate as enrolled Form of Christian or given names to appear on ballot paper Surname or family name Christian or given names Residential address Occupation Signature Section 166 FORM D Nomination of a Member of the House of Representatives To the Electoral Commissioner We, electors on the electoral roll for the Division of [ name of Division ] and entitled to vote at the election of a Member of the House of Representatives for that Division, hereby nominate the person named below as a Member of that House for that Division. Dated 20 . Nominators Surname or family name Christian or given names Residential address for which enrolled Date of Birth Signature Candidate Name of candidate as enrolled Surname or family name Christian or given names Form in which Christian or given names to appear on ballot paper Residential address Occupation I, the candidate named above, state that: Please tick [  ] I am an Australian citizen Yes [ ] No [ ] I am at least 18 years of age Yes [ ] No [ ] I am an elector or qualified to be an elector Yes [ ] No [ ] I am not, by virtue of section 44 of the Yes [ ] No [ ] Constitution, incapable of being chosen or of sitting as a member of the House of Rep