Document ID: chunk:federal_register_of_legislation:C2025C00128:section:144a:p1
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 144A (pt 1/2)
Character Range: 299218–302002

144A  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 a referendum 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 in relation to emergency area voting
 (2) If the Electoral Commissioner is satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of the referendum 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 expanding the grounds on which a person in the emergency area may apply for a postal vote or a pre‑poll vote (see sections 54 and 72).
 (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 referendum 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, 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 a referendum;
 (b) inducing an elector to vote in a particular way at a referendum;
 (c) soliciting the vote of an elector in a referendum;
 (d) exhibiting a notice or sign (other than an official notice or sign) relating to a referendum.
 (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