Document ID: chunk:federal_register_of_legislation:C2021A00136:clause:1_396:p2
Version: federal_register_of_legislation:C2021A00136
Segment Type: clause
Provision Reference: sch 1 cl 396 (pt 2/3)
Character Range: 4626–7508

of Commonwealth, State or Territory law.
Note: Paragraph (a) may cover, for example:
(a) permitting candidates, and agents for candidates, to be present at a place of nomination, in the emergency area, for the determination of the order of the names of the candidates or of groups in ballot papers to be used in an election; or
(b) permitting scrutineers to be present at a counting centre, in the emergency area, for scrutiny.
 (4) For the purposes of paragraph (3)(b), the activities are the following:
 (a) canvassing for votes in an election;
 (b) supplying electoral matter to electors;
 (c) soliciting the vote of an elector in an election;
 (d) exhibiting a notice or sign (other than an official notice or sign) relating to an election.
 (5) A legislative instrument made under subsection (2) or (3) has effect according to its terms, despite any other provision of this Act.

Electoral Commissioner must notify the Prime Minister and Leader of the Opposition
 (6) Before making an instrument under subsection (2) or (3), the Electoral Commissioner must notify the Prime Minister and the Leader of the Opposition in the House of Representatives, in writing:
 (a) that the Electoral Commissioner is considering making the instrument; and
 (b) why the Electoral Commissioner considers it necessary to make the instrument; and
 (c) how modifications to be made under the instrument will be limited to the emergency area and the period for which the relevant emergency declaration is in force.

Modification must be published on the Electoral Commission's website
 (7) If the Electoral Commissioner makes a legislative instrument under subsection (2) or (3), the Electoral Commissioner:
 (a) must publish the legislative instrument on the Electoral Commission's website; and
 (b) may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate.

Commonwealth emergency law
 (8) In this section, Commonwealth emergency law means the following:
 (a) the Biosecurity Act 2015;
 (b) the National Emergency Declaration Act 2020;
 (c) the National Health Act 1953;
 (d) the National Health Security Act 2007;
 (e) any other Commonwealth law specified under subsection (9).
 (9) The Minister may, by legislative instrument, specify a law of the Commonwealth for the purposes of the definition of Commonwealth emergency law in subsection (8).

Group of candidates
 (10) In this section, group of candidates has the same meaning as in Part XX.
Note: See subsection 287(1).

Sunset
 (11) A legislative instrument made under subsection (2) or (3) ceases to have effect at the earlier of the following:
 (a) when the emergency declaration referred to in subsection (1) is revoked, repealed or otherwise ceases to have effect;
 (b) when the writs for the election to which the legislative instrument relates are returned.

Part 2—Polling and scrutiny