Commonwealth Electoral Act 1918

This section applies if:

an emergency is declared (however described) under a Commonwealth emergency law; and

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).

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:

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);

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);

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).

For the meaning of group, see subsection (10).

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:

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;

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;

Paragraph (a) may cover, for example:

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

permitting scrutineers to be present at a counting centre, in the emergency area, for scrutiny.

For the purposes of paragraph (3)(b), the activities are the following:

canvassing for votes in an election;

supplying electoral matter to electors;

soliciting the vote of an elector in an election;

exhibiting a notice or sign (other than an official notice or sign) relating to an election.

A legislative instrument made under subsection (2) or (3) has effect according to its terms, despite any other provision of this Act.

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:

that the Electoral Commissioner is considering making the instrument; and

why the Electoral Commissioner considers it necessary to make the instrument; and

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.

If the Electoral Commissioner makes a legislative instrument under subsection (2) or (3), the Electoral Commissioner:

must publish the legislative instrument on the Electoral Commission’s website; and

may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate.

In this section, Commonwealth emergency law means the following:

the Biosecurity Act 2015;

the National Emergency Declaration Act 2020;

the National Health Act 1953;

the National Health Security Act 2007;

any other Commonwealth law specified under subsection (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).

In this section, group of candidates has the same meaning as in Part XX.

See subsection 287(1).

A legislative instrument made under subsection (2) or (3) ceases to have effect at the earlier of the following:

when the emergency declaration referred to in subsection (1) is revoked, repealed or otherwise ceases to have effect;

when the writs for the election to which the legislative instrument relates are returned.