Document ID: chunk:federal_register_of_legislation:C2021A00136:clause:1_396:p1
Version: federal_register_of_legislation:C2021A00136
Segment Type: clause
Provision Reference: sch 1 cl 396 (pt 1/3)
Character Range: 2156–4869

396  Modifications by legislative instrument in the event of an emergency

Scope
 (1) This section applies if:
 (a) an emergency is declared (however described) under a Commonwealth emergency law; and
 (b) the Electoral Commissioner is satisfied on reasonable grounds that the emergency to which the declaration relates would interfere with the due conduct of an election in a geographical area to which the declaration applies (the emergency area).

Electoral Commissioner may modify operation of this Act, or provisions of this Act, in certain circumstances
 (2) If the Electoral Commissioner is satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of the election in the emergency area, the Electoral Commissioner may, by legislative instrument, modify the operation of this Act, or specified provisions of this Act, in relation to any or all of the following:
 (a) expanding the grounds on which a person in the emergency area may apply for a postal vote or a pre‑poll vote (see sections 183 and 200A);
 (b) extending the period during which applications for pre‑poll votes may be made to a pre‑poll voting officer (see section 200BA) at a place in the emergency area (but not so as to be earlier than 5 days after the declaration of nominations);
 (c) amending the number of scrutineers a group of candidates is entitled (see section 264) to be represented by at a scrutiny under section 273A at a particular counting centre in the emergency area (but not so as to be less than one scrutineer per group of candidates per officer engaged in a scrutiny or counting of ballot papers at that centre).
Note: For the meaning of group, see subsection (10).
 (3) The Electoral Commissioner may, by legislative instrument, modify the operation of this Act, or specified provisions of this Act, to allow a person to do either or both of the following:
 (a) if the Electoral Commissioner is satisfied, on reasonable grounds, that the person being present for action that is to take place under the Act in the emergency area is necessary or conducive for the due conduct of the election in the emergency area—travel, or be present, for the action;
 (b) conduct an activity mentioned in subsection (4) within 100 metres of the entrance to a polling booth or pre‑poll voting office in the emergency area, or travel for the purposes of conducting the activity;
despite a prescribed Commonwealth, State or Territory law, or a prescribed kind 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