Senate debates

Thursday, 17 March 2016

Bills

Commonwealth Electoral Amendment Bill 2016; In Committee

8:42 am

Photo of Ricky MuirRicky Muir (Victoria, Australian Motoring Enthusiast Party) Share this | Hansard source

by leave—I move my amendments (2), (3) and (1) on sheet 7874 together:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Page 3 (before line 1), before Schedule 1, insert:

Schedule 1A—Amendments commencing day after Royal Assent

Commonwealth Electoral Act 1918

1 Paragraph 239(1)(a)

  Repeal the paragraph, substitute:

  (b) writing the numbers 2, 3, 4, 5 and 6 in the squares opposite the names of other candidates on the ballot paper to indicate the order of the person's preference for them.

2 Paragraph 268(1)(b)

  Repeal the paragraph, substitute:

  (b) subject to section 269, in a Senate election, it has no vote indicated on it, or it is not marked in accordance with subsection 239(1);

3 Section 270

  Repeal the section.

4 Schedule 1, Form E

  Omit "By placing the numbers 1 to (7) in the order of your preference", substitute "By numbering a minimum of 6 boxes in the order of your preference (with the number 1 as your first preference)".

5 Schedule 1, Form E (footnote 7)

  Repeal the footnote.

(3) Schedule 1, heading, page 3 (line 1), at the end of the heading, add "commencing 15January 2017".

The CHAIRMAN: We can separate the questions, if you request that.

These changes are transitional provisions to address some urgent changes now. They relate to recommendation 3 of my dissenting report, which I was going to read out, but we have been here long enough. It is only applicable for the next election. That is the purpose of a transitional change. It allows for further consultation and changes that have broad support. It reduces the scope of change for the AEC and therefore reduces the amount of change needed at the next election, therefore reducing the likelihood of any errors from a rushed implementation.

This also reduces the amount of change for the voter at the ballot box. It reduces the size of the education campaign that the AEC needs to undertake. I think something that has become clear over the last 14 hours or so is that it is a big task that is ahead, and we are not even sure how successful that is going to be. So reducing the size of the education campaign—

Honourable senators interjecting—

I cannot hear myself think very well.

The CHAIRMAN: Yes. Again I will make the point: if senators are not sitting in their own seats, they should remain silent.

Thank you, Chair. This reduces the size of the education campaign that the AEC needs to undertake. As I said a moment ago, it has become very evident that this is going to be a very big task, and it is not even very clear if the message is going to be able to get across. This is making it easier for the AEC to get its message across and of course for the voters to adapt to change over time rather than just having it thrust upon them just before an election.

It does help to remove some of the group-voting-ticket influence. A political party would only need to swap preferences with the minimum of six candidates. They could swap preferences with no more than that, if they wish. A political party would also need to swap preferences with those who they wanted to. So they will not be forced to preference every party, removing a lot of the argument that we seem to hear quite regularly.

The transitional arrangements allow for a more comprehensive reform process to be adequately debated and considered. I have been very vocal about that throughout this whole debate and so have my colleagues in the ALP. I really do think—and I think the public think—that this has been significantly rushed through even though we have been in parliament for a very long time on this debate. This improves the chance for a broader consensus, not only within the parliament but within the broader community, because that is what has been lacking here. Parliament has decided to change our electoral system, which affects the way that the electors elect their representatives. So it is not really acceptable for the parliament to say, 'This suits us; it doesn't matter about what the people out there think,' because, at the end of the day, we are supposed to represent them and not the other way around.

The transitional changes I propose are, like I said, to implement a minimum of six preferences below the line. That, of course, is based on the recommendation from the Joint Standing Committee on Electoral Matters. The transitional changes I propose also retain group and individual voting tickets in a limited form. This modified version of group and individual voting tickets for the next election would only be available for the next election. So I am trying to think ahead here, and think that this is going to be a major change that needs to be transitioned in. As such, these tickets would only need to be marked under a partial optional preferential with a minimum of six preferences below the line; however, it would be possible for a party to mark up to all of the boxes, if they decided to. The amendments would ensure that all participants have a fair and even chance to adapt to the changes, and, ideally, would remove the argument that this is a rushed process.

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