Electoral Legislation Amendment (Contingency Measures) 2021

✦ Plain-English Summary

# Electoral Legislation Amendment (Contingency Measures) 2021

## What it does
This bill gives the Electoral Commissioner emergency powers to adjust voting rules when a disaster or crisis is declared and threatens to disrupt an election. They can make changes like allowing more people to vote by post or extending early voting periods in affected areas without needing Parliament to pass a new law first.

## Why it matters
During emergencies — whether natural disasters, pandemics, or other crises — normal voting might become impossible for some Australians. These powers mean elections can still go ahead fairly without long delays, while keeping voting accessible to people in affected regions.

## Key details
- The Electoral Commissioner can only act if a formal emergency is declared under Australian law AND they're satisfied it would actually interfere with voting in that area
- Changes can include expanding who's eligible for postal votes and pre-poll voting, and extending the time to apply for these votes
- The law came into effect the day after it received Royal Assent (it was already passed), so it's now active and available if needed

Official Description

Amends the Commonwealth Electoral Act 1918 to: implement certain recommendations of the Joint Standing Committee on Electoral Matters' Report of the inquiry on the future conduct of elections operating during times of emergency situations by enabling the Electoral Commissioner to make limited operational modifications by legislative instrument where an emergency declaration has been issued under a Commonwealth law and moving the existing power to adjourn or suspend polling at a polling place or pre-poll voting office from local polling booth presiding officers to the Electoral Commissioner; delay the commencement of the scrutiny for a House of Representatives election for a Division where polling has been adjourned or temporarily suspended; prevent scrutineers and Australian Electoral Commission officers from disclosing the results of a Senate election in a Division where polling has been adjourned; and make minor amendments in relation to the cut-off date for postal vote applications and the format of postal vote certificates.

Committee Referrals

Senate Standing Committee for the Scrutiny of Bills

Full bill PDF →APH page →

Audit History

Introduced

28 Oct 2021

Last updated on APH

10 Apr 2026

Outcome date

13 Dec 2021

Last checked by Crossbench

2 days ago

Full text indexed

2 days ago

🗳️

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

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