Electoral and Other Legislation Amendment Regulation 2020

1Short title

This regulation may be cited as the Electoral and Other Legislation Amendment Regulation 2020.

2Regulation amended

This part amends the Electoral Regulation 2013.

3Amendment of s 4AA (Electors who may make an electronically assisted vote—Act, s 121A)

Section 4AA(1)(a), after ‘postal voters’—
insert—

who are not detained in lawful custody

4Replacement of s 4A (Approval of procedure for electronically assisted voting—Act, s 121B(3)(a))

Section 4A—
omit, insert—

4AApproval of procedures for electronically assisted voting—Act, s 121B

For section 121B(3)(a) of the Act, the procedures set out in the document called ‘Electronically assisted voting for State elections procedure’, made by the commission on 23 December 2019, are approved.

5Omission of s 7 (Times for disclosure period—Act, s 198)

Section 7—
omit.

6Replacement of s 8A (Period for giving returns by candidates for gifts or loans received—Act, ss 261 and 262)

Section 8A—
omit, insert—

8APeriod for candidate to give return about gift or loan received—Act, ss 261 and 262

For sections 261(2)(c) and 262(2)(c) of the Act, the following days and times are prescribed for a return about a gift or loan received by a candidate—

(a)if the gift or loan is received within 7 days before the polling day for the election—24 hours after the gift or loan is received;

(b)otherwise—the seventh business day after the day the gift or loan is received.

7Replacement of s 8E (Period for giving returns by entities for large gifts—Act, s 266B)

Section 8E—
omit, insert—

8EPeriod for particular entities to give returns about large gift received—Act, s 266B

For section 266B(2)(c) of the Act, the following days and times are prescribed for a return about a special reporting event for the gifts made by an entity to a registered political party—

(a)for a return given by the entity making the gifts—the seventh business day after the special reporting event happens;

(b)for a return given by the registered political party or an associated entity of the registered political party—

(i)if the special reporting event happens within 7 days before the polling day for a general election—24 hours after the special reporting event happens; or

(ii)if the special reporting event happens within 7 days before the polling day for a by-election in which the registered political party has endorsed a candidate—24 hours after the special reporting event happens; or

(iii)otherwise—the seventh business day after the special reporting event happens.

8Replacement of s 10 (Period for giving returns by political parties and associated entities for gifts or loans received—Act, ss 290 and 294)

Section 10—
omit, insert—

10Period for registered political party to give return about gift or loan received—Act, s 290

For section 290(2)(d) of the Act, the following days and times are prescribed for a return about a gift or loan received by a registered political party—

(a)if the gift or loan is received within 7 days before the polling day for a general election—24 hours after the gift or loan is received;

(b)if the gift or loan is received within 7 days before the polling day for a by-election in which the registered political party has endorsed a candidate—24 hours after the gift or loan is received;

(c)otherwise—the seventh business day after the day the gift or loan is received.

10APeriod for associated entity to give return for gift received—Act, s 294

For section 294(2)(c) of the Act, the following days and times are prescribed for a return about a gift received by an associated entity of a registered political party—

(a)if the gift is received within 7 days before the polling day for a general election—24 hours after the gift is received;

(b)if the gift is received within 7 days before the polling day for a by-election in which the registered political party has endorsed a candidate—24 hours after the gift is received;

(c)otherwise—the seventh business day after the day the gift is received.

9Replacement of s 12 (Approval of procedure for electronic lodgement of returns—Act, s 315A)

Section 12—
omit, insert—

12Approval of procedures for electronic lodgement of returns—Act, s 315A

For section 315A(2)(a) of the Act, the procedures set out in the document called ‘Procedure for electronic lodgement of returns, version 2.0’, made by the commission on 1 November 2019, are approved.

Note—

Under section 315A(2)(c) of the Act, the procedures must be published on the commission’s website.

10Insertion of new pt 5A

After section 12—
insert—

Part 5A Counting of votes

13Approval of procedures for counting of absentee votes—Act, s 130A

For section 130A(3)(a) of the Act, the procedures about how absentee votes at an election are to be counted, set out in the document called ‘Procedures for counting of absentee votes for State elections and referendums, version 1.0’ made by the commission on 21 January 2020, are approved.

Note—

Under section 130A(3)(c) of the Act, the procedures must be published on the commission’s website.

11Regulation amended

This part amends the Referendums Regulation 2016.

12Amendment of s 2 (Electors who may make an electronically assisted vote—Act, s 32A)

Section 2(1)(a), after ‘postal voters’—
insert—

who are not detained in lawful custody

13Insertion of new s 4

After section 3—
insert—

4Approval of procedures for counting of absentee votes—Act, s 41A

For section 41A(3)(a) of the Act, the procedures about how absentee votes at a referendum are to be counted, set out in the document called ‘Procedures for counting of absentee votes for State elections and referendums, version 1.0’ made by the commission on 21 January 2020, are approved.

Note—

Under section 41A(3)(c) of the Act, the procedures must be published on the commission’s website.

14Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

15Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Referendums Act 1997, columns 1 and 2—
omit, insert—

Column 1 Infringement notice offence		Column 2 Infringement notice fine (penalty units)
		Individual	Corporation
s 72(1)		2	8
s 73(1)		1	4
s 75(1)		1	-
s 78	(other than an offence that constitutes an assault)	1	-
s 80(1)		1	-
s 96A(1)		2	-
s 96A(2)		2	-
s 96A(4)		2	-
s 96B(1)		2	-
s 96B(2)		2	-