Document ID: chunk:federal_register_of_legislation:C2022A00005:clause:1_202afa:p1
Version: federal_register_of_legislation:C2022A00005
Segment Type: clause
Provision Reference: sch 1 cl 202AFA (pt 1/2)
Character Range: 3196–6125

202AFA  Electoral Commissioner may determine that coronavirus affected individuals may use a secure telephone voting method
 (1) If the Electoral Commissioner is satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of a general election, Senate election or by‑election, the Electoral Commissioner may, by legislative instrument, determine that a secure telephone voting method prescribed for the purposes of subsection 202AB(1B) may be used by individuals in Australia:
 (a) who have not previously voted in the election; and
 (b) who are coronavirus affected individuals during all or part of the period:
 (i) starting at 6.01 pm on the Wednesday that is 3 days before the polling day in the election; and
 (ii) ending on the close of the poll for the election.
Note: Nothing in this section or in regulations made for the purposes of subsection 202AB(1B) authorises any person to vote more than once at an election, see subsection 202AB(5).
 (2) An individual residing in a State or Territory is a coronavirus affected individual during a period if a public health order of that State or Territory prevents the individual from attending a polling place in that State or Territory during that period because:
 (a) the individual has tested positive for the coronavirus known as COVID‑19 on a test approved by the Therapeutic Goods Administration for that purpose; or
 (b) the individual is a close contact, household contact or household‑like contact of an individual referred to in paragraph (a); or
 (c) the individual is otherwise directed to self‑isolate or quarantine under the public health order due to the risk of transmission of the coronavirus known as COVID‑19.

Electoral Commissioner must notify the Prime Minister and Leader of the Opposition
 (3) Before making an instrument under subsection (1), 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) what measures are proposed to ensure the integrity of the use of the proposed secure telephone voting method (which may be new measures or measures based on existing measures in the regulations).

Instrument must be published on the Electoral Commission's website
 (4) If the Electoral Commissioner makes a legislative instrument under subsection (1), 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.

Electoral Commissioner's powers may not be delegated
 (5) Despite section 28, the Electoral Commissioner may not delegate a power or function under this section.

Secure telephone voting for