Senate debates

Thursday, 17 March 2016

Bills

Commonwealth Electoral Amendment Bill 2016; In Committee

12:42 pm

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

by leave—I move my amendments (1) and (3) on 7873 together:

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

(3) Page 26 (after line 26), at the end of the Bill, add:

Schedule 2—Other amendments

Commonwealth Electoral Act 1918

1 Subsections 269(1) and (1A)

  Repeal the subsections, substitute:

(1) A ballot paper in a Senate election is not informal under paragraph 268(1)(b) if the voter has marked the ballot paper in accordance with subsection 239(2).

2 Subsection 269(2)

  Omit "or paragraph (1)(b) of this section" (wherever occurring).

3 Subsections 272(1) and (2)

  Repeal the subsections, substitute:

(1) This section applies if a ballot paper for a Senate election is marked in accordance with subsection 239(2).

(2) The ballot paper is taken to have been marked as if, instead of the numbers written in squares printed on the ballot paper above the line in relation to groups of candidates (each group being a preferenced group):

  (a) each candidate in a preferenced group was given a different number starting from 1; and

  (b) candidates in a preferenced group were numbered consecutively starting with the candidate whose name on the ballot paper is at the top of the group to the candidate whose name is at the bottom; and

(c) the order in which candidates in different preferenced groups are numbered is worked out by reference to the order in which the groups were numbered on the ballot paper, starting with the group marked 1; and

  (d) when all the candidates in a preferenced group have been numbered, the candidate whose name is at the top of the next preferenced group is given the next consecutive number.

4 Subsection 282(4)

  Omit "or paragraph 269(1)(b) (wherever occurring)".

5 Application provisions

     The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this Schedule.

I will make only a very short contribution in relation to these amendments. The amendments insert a sunset clause for the savings provisions in the bill. The minister has spoken very fondly of the AEC and their capability of ensuring that the process of educating people about the electoral reforms will be successful and people will know how best to use their vote. But the rhetoric in this chamber is on a scale of one to six, with six being the minimum. In order to encourage government, the AEC, political parties and everybody else to encourage proper formal votes, I think it is nothing more than appropriate to put in place a sunset clause to the savings provisions—not the bill itself, as much as I would love that—to ensure that proper education is put in place, which gives people time to adapt to the proper, formal way of voting, and then remove them to prevent people and parties using the system, which has deliberately designed to be capable of being rorted, to their advantage. I cannot see how the Greens or the government would oppose this, considering that their whole argument in the debate has been about giving choice of preferences back to the voter. If that is true, supporting this amendment would actually support your case, and maybe I would actually believe you. At the end of the day, you have savings provisions in there to collect the 97 per cent of the votes that are above the line, which you are going to benefit from. If you do not support this there will be no encouragement whatsoever for people to vote formally. I am happy to put this amendment to the chamber and watch it go down.

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