22nd Mar 2023, 6:57 PM – Senate Referendum (Machinery Provisions) Amendment Bill 2022 - in Committee - Provisional voting

The majority voted against an amendment introduced by Queensland Senator Larissa Waters (Greens), which means it failed.

What does the amendment do?

Senator Waters explained that:

This amendment pertains to on-the-day enrolment not just for First Nations people but for anyone who wishes to have their voice heard in this and any other referendum, who has not been able for a variety of legitimate reasons to be able to enrol themselves prior to election day. As I said in my second reading speech, this bill is an important and timely opportunity to improve enfranchisement, particularly for First Nations communities and particularly on this topic, and we must not waste the opportunity. The government have consistently said that they want the referendum to be as close as possible to a normal election, but in the last election many people missed out on voting. That's something that we need to fix rather than replicate.

Amendment text

(1) Page 63 (after line 2), at the end of the Bill, add:

Schedule 9 — Provisional voting

Referendum (Machinery Provisions) Act 1984

1 After subsection 4(1)

Insert:

(1A) Despite subsection (1), a person is entitled to vote at a referendum if the person makes a claim for enrolment under paragraph 37(1)(f).

2 At the end of subsection 37(1)

Add:

; or (f) the person wishes to make a claim for enrolment and each of the following applies:

(i) the person's name cannot be found on the certified list of voters, or an approved list of voters, for the Division for which the person claims to vote;

(ii) the person is entitled to enrolment and to vote under section 93 of the Commonwealth Electoral Act 1918.

3 After subsection 37(1)

Insert:

(1AA) A person who wishes to make a claim for enrolment under paragraph (1)(f) may be asked to satisfy the identity requirements under subsection 98AA(2) of the Commonwealth Electoral Act 1918.

(1AB) A person who wishes to make a claim for enrolment under paragraph (1)(f) and casts a provisional vote is deemed to have made a claim for enrolment for the purposes of section 98 of the Commonwealth Electoral Act 1918.

4 Subsection 37(2)

Omit "or claims to be", substitute "claims to be, or wishes to be".