House of Representatives Committees

| Joint Standing Committee on Electoral Matters

Footnotes

Chapter 1 Introduction

[1]       The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 9.

[2]       Australian Electoral Commission, Submission 4, p. 3.

[3]       Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 9.

[4]       Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 1.

[5]       Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 3.

[6]       Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, Recommendation 1, p. 36.

[7]       Explanatory Memorandum, Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 1.

[8]       The House Selection Committee referred the Electoral and Referendum Amendment (Maintaining Address) Bill 2011 to the committee on 24 November 2011. The committee reported on 13 March 2012.

[9]       ANAO Audit Report No. 42 2001-02, Integrity of the Electoral Roll, p. 52.

[10]     Joint Standing Committee on Electoral Matters, The Integrity of the Electoral Roll: Review of ANAO Report No. 42 2001-02, Integrity of the Electoral Roll, October 2002, Commonwealth Parliament of Australia, p. 29.

[11]     Joint Standing Committee on Electoral Matters, The Integrity of the Electoral Roll: Review of ANAO Report No. 42 2001-02, Integrity of the Electoral Roll, October 2002, Commonwealth Parliament of Australia, p. 29.

[12]     Joint Standing Committee on Electoral Matters, The 2004 Federal Election: Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto, September 2005, Commonwealth Parliament of Australia, Recommendation 6, p. 46.

[13]     Joint Standing Committee on Electoral Matters, Report on the conduct of the 2007 federal election and matters related thereto, June 2009, Commonwealth Parliament of Australia, p. 114.

[14]     Joint Standing Committee on Electoral Matters, Inquiry into the implications of the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 (NSW) for the conduct of Commonwealth elections, February 2010, Commonwealth Parliament of Australia, p. 22.

[15]     Joint Standing Committee on Electoral Matters, Inquiry into the implications of the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 (NSW) for the conduct of Commonwealth elections, February 2010, Commonwealth Parliament of Australia, Dissenting report, p. 26.

[16]     Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. 36.

[17]     Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. 179.

[18]     The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 9.

[19]     Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. 95.

[20]     Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. 90.

[21]     Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004, items 51 and 55. 

[22]     Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006, item 96. 

[23]     Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. iv.

[24]     Commonwealth Electoral Act 1918, pt VIII – Enrolment, s 99 (1).

[25]     Commonwealth Electoral Act 1918, pt VIII – Enrolment, s 101.

[26]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, pp. 7-8.

[27]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 7.

[28]     Commonwealth Electoral Act 1918, pt IX – Objections, s 114.

[29]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 8.

[30]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 11.

[31]     Joint Standing Committee on Electoral Matters, Inquiry into the implications of the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 (NSW) for the conduct of Commonwealth elections, February 2010, Commonwealth Parliament of Australia, p. 1.

[32]     Joint Standing Committee on Electoral Matters, Inquiry into the implications of the Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 (NSW) for the conduct of Commonwealth elections, February 2010, Commonwealth Parliament of Australia, p. 2.

[33]     Explanatory Memorandum, Electoral Amendment (Electoral Participation) Bill 2010 [Vic], p. 1, see <http://www.parliament.vic.gov.au/static/www.legislation.vic.gov.au-bills-archive.html>, accessed 24 February 2011.

[34]     Australian Electoral Commission, Submission 87 to the JSCEM inquiry into the conduct of the 2010 federal election and matters related thereto, p. 53.

[35]     Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 4.

[36]     Explanatory Memorandum, Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 4.

[37]     Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, item 4, s 103B(2)(a).

[38]     Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 7.

[39]     Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 8.

[40]     Australian Electoral Commission, Submission 4, Attachment C, Table , p. 12.

Chapter 2 The issues

[1]       Australian Electoral Commission, Submission 4, p. 2.

[2]       The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 9.

[3]       Commonwealth of Australia, Electoral Reform Green Paper—Strengthening Australia’s Democracy, September 2009, p. 91.

[4]       Australian Electoral Commission, Submission 4, p. 5.

[5]       Australian Electoral Commission, Submission 4, Attachment B, Figure , p. 11.

[6]       The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 10.

[7]       Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 3.

[8]       Australian Electoral Commission, Submission 169 to the JSCEM Inquiry into the conduct of the 2007 federal election and matters related thereto, p. 8.

[9]       Australian Electoral Commission, Submission 4, p. 3.

[10]     Australian Electoral Commission, Submission 4, Attachment A, Table A2, p. 10.

[11]     Australian Electoral Commission, Submission 4, Attachment A, Table A2, p. 10.

[12]     Australian Electoral Commission, Submission 4, p. 4.

[13]     The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 9.

[14]    Australian Electoral Commission, Submission 4.2, Attachment C, p. 5.

[15]      Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, pp. 22-23.

[16]     ANAO Audit Report no. 28 2009-10, The Australian Electoral Commission’s Preparation for and Conduct of the 2007 Federal General Election, p. 16.

[17]     Dr Roger Clarke, Chair, Australian Privacy Foundation, Committee Hansard, 29 February 2012, Canberra, p. 6.

[18]     Australian Electoral Commission, Submission 4, p. 4.

[19]     Professor Brian Costar, Coordinator, Democratic Audit of Australia, Committee Hansard, 29 February 2012, Canberra, p. 3.

[20]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 15.

[21]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 15.

[22]     NSW Electoral Commission, SmartRoll, <http://www.elections.nsw.gov.au/enrol_to_vote/smartroll>, accessed 29 February 2012.

[23]     Australian Labor Party, Submission 2, p. 2.

[24]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 15.

[25]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 2.

[26]     Professor Brian Costar, Coordinator, Democratic Audit of Australia, Committee Hansard, 29 February 2012, Canberra, p. 6.

[27]     The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 10.

[28]     Australian Electoral Commission, Submission 4, p. 4.

[29]     Professor Brian Costar, Coordinator, Democratic Audit of Australia, Committee Hansard, 29 February 2012, Canberra, p. 5.

[30]     The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 9.

[31]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 7.

[32]     Australian Electoral Commission, Submission 4, p. 5.

[33]     Australian Privacy Foundation, Submission 3, pp. 4-5.

[34]     Australian Privacy Foundation, Submission 3, p. 5.

[35]     Australian Privacy Foundation, Submission 3.1 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 7.

[36]     Dr Roger Clarke, Chair, Australian Privacy Foundation, Committee Hansard, 15 February 2012, Canberra, p. 4.

[37]     For a list of current CRU data sources see Australian Electoral Commission, Submission 4.2, Attachment C, Appendix B, p. 24.

[38]     Australian Electoral Commission, Submission 4.2, Attachment C, p. 6.

[39]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 5.

[40]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 11.

[41]     Australian Electoral Commission, Submission 4, Attachment B, Figure , p. 11.

[42]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 15.

[43]     Australian Electoral Commission, Submission 4, Attachment B, Figure , p. 11.

[44]     Australian Electoral Commission, Submission 4.2, Attachment C, p. 7.

[45]     Professor Brian Costar, Coordinator, Democratic Audit of Australia, Committee Hansard, 29 February 2012, Canberra, p. 5.

[46]     Australian Electoral Commission, Submission 4.1, p. 7.

[47]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 9

[48]     Australian Electoral Commission, Submission 4, p. 5.

[49]     Australian Electoral Commission, Submission 4, p. 5.

[50]     Australian Privacy Foundation, Submission 3, p. 5.

[51]     Electoral and Referendum Amendment (Maintaining Address) Bill 2011

[52]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 16

[53]     Australian Privacy Foundation, Submission 3, p. 5.

[54]     ANAO Audit Report No. 42 2001-02, Integrity of the Electoral Roll, p. 53.

[55]     Democratic Audit of Australia, Submission 1, Attachment A, p. 2.

[56]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill, p. 10; Wallis Consulting Group Pty Ltd, Office of the Privacy Commissioner Australia: Community Attitudes to Privacy 2007, August 2007, pp. ii  and 40.

[57]     Joint Standing Committee on Electoral Matters, Report on the conduct of the 2007 federal election and matters related thereto, June 2009, Commonwealth Parliament of Australia, Recommendation 10, p. 114.

[58]     Legislative instruments (legislation made by a delegated authority and not directly by an Act of Parliament) must be tabled in each House of Parliament and, in most cases, can be disallowed by either House. This provides a parliamentary check for decisions made by those to whom certain powers have been delegated. Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduct of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. 36.

[59]     Australian Privacy Foundation, Submission 3, p. 3.

[60]     Australian Electoral Commission, Submission 4, p. 8.

[61]     Australian Electoral Commission, Submission 4, p. 8.

[62]     Committee Hansard, 29 February 2012, Canberra, pp. 8-9.

[63]     Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 9.

[64]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 9.

[65]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 9.

[66]     Human Rights (Parliamentary Scrutiny) Act 2011,  part 3, s 8.

[67]     Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 3.

[68]     Australian Privacy Foundation, Submission 3, p. 3.

[69]     UNHCHR website, ICCPR, Article 17, <http://www2.ohchr.org/english/law/ccpr.htm>, accessed 2 March 2012.

[70]     UNHCHR website, ICCPR, Article 25, <http://www2.ohchr.org/english/law/ccpr.htm>, accessed 2 March 2012.

[71]     Explanatory Memorandum, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 2.

[72]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 6.

[73]     Australian Electoral Commission, Submission 4.2, Attachment C, pp. 11-12.

[74]     Australian Electoral Commission, Submission 4, pp. 7-8.

[75]     Australian Electoral Commission, Submission 4.2, Attachment C.

[76]     Australian Electoral Commission, Submission 4.2, Attachment C, p. 11.

[77]     Australian Electoral Commission, Submission 4.2, Attachment C, p. 12.

[78]     Dr Roger Clarke, Chair, Australian Privacy Foundation, Committee Hansard, 29 February 2012, Canberra, p. 2.

[79]     Australian Electoral Commission, Submission 4.2, p. 2.

[80]     Australian Electoral Commission, Submission 4.2, p. 2.

[81]     Dr Roger Clarke, Chair, Australian Privacy Foundation, Committee Hansard, 29 February 2012, Canberra, p. 6.

[82]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, pp. 12-13.

[83]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 13.

[84]     Mr Pablo Carpay, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 13.

[85]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 13.

[86]     Australian Electoral Commission, Submission 4.2, p. 3.

[87]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 9.

[88]     Australian Electoral Commission, Submission 87 to the JSCEM inquiry into the conduct of the 2010 federal election and matters related thereto, p. 85.

[89]     The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 9.

[90]     The Hon Gary Gray AO MP, Special Minister of State, House of Representatives Hansard, 15 February 2012, p. 10.

[91]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 9.

[92]     Australian Electoral Commission, Submission 2 to the JSCEM inquiry into the Electoral and Referendum Amendment (Maintaining Address) Bill 2011, p. 9.

[93]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 15.

[94]     Professor Brian Costar, Coordinator, Democratic Audit of Australia, Committee Hansard, 29 February 2012, Canberra, p. 4.

[95]     Joint Standing Committee on Electoral Matters, The 2010 Federal Election: Report on the conduction of the election and related matters, June 2011, Commonwealth Parliament of Australia, p. 94.

[96]     Australian Electoral Commission, Submission 4, p. 9.

[97]     Australian Electoral Commission, Submission 4, p. 9.

[98]     Australian Electoral Commission, Submission 4, p. 12.

[99]     Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee Hansard, 29 February 2012, Canberra, p. 16.

Dissenting report – The Hon Bronwyn Bishop MP, The Hon Alex Somlyay MP, Senator Scott Ryan and Senator Simon Birmingham

[1]       The Hon. Bronwyn Bishop MP, JSCEM Roundtable Hearing Hansard, 29 February 2012, p. 4 quoting Dr Graeme Orr, The Law of Politics, Elections, Parties and Money in Australia, Federation Press, 2010, p. 71

[2]       Dr Graeme Orr, The Law of Politics, Elections, Parties and Money in Australia, Federation Press, 2010, p. 71

[3]       JSCEM Report, The 2010 Federal Election, Report on its conduct and related matters. Recommendation 1

[4]       Australian Electoral Commission, Submission 4, Joint Standing Committee on Electoral Matters, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 4

[5]       Australian Electoral Commission, Submission 4, Joint Standing Committee on Electoral Matters, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012, p. 5

[6]       http://www.aph.gov.au/house/committee/em/elect10/report/Dissenting.pdf, p. 183

[7]       Dr Roger Clarke, JSCEM Roundtable Hearing Hansard, 29 February 2012, p. 6

[8]      Dr Roger Clarke, JSCEM Roundtable Hearing Hansard, 29 February 2012, p. 2

[9]      Dr Roger Clarke, JSCEM Roundtable Hearing Hansard, 29 February 2012, p. 6

[10]     Dr Roger Clarke, JSCEM Roundtable Hearing Hansard, 29 February 2012, p. 7

[11]     Mr Antony Green, 16 July 2011, NSW Automatic Enrolment and its Challenge for the Commonwealth http://blogs.abc.net.au/antonygreen/2011/07/nsw-automatic-enrolment-and-its-challenge-for-the-commonwealth.html

[12]     Mr Ed Killesteyn, JSCEM Public Hearing Hansard, 8 February 2012, p. 4

[13]     Dr Graeme Orr, The Law of Politics, Elections, Parties and Money in Australia, Federation Press, 2010, p. 72

[14]     Mr Antony Green, 16 July 2011, NSW Automatic Enrolment and its Challenge for the Commonwealth http://blogs.abc.net.au/antonygreen/2011/07/nsw-automatic-enrolment-and-its-challenge-for-the-commonwealth.html

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