Electoral Amendment (Alternative Voting Procedures) Act 2025


Tasmanian Crest
Electoral Amendment (Alternative Voting Procedures) Act 2025

An Act to amend the Electoral Act 2004

[Royal Assent 16 May 2025]

Be it enacted by His Excellency the Lieutenant-Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Electoral Amendment (Alternative Voting Procedures) Act 2025 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Electoral Act 2004 is referred to as the Principal Act.

4.    Part 5, Division 9A inserted

After section 130 of the Principal Act , the following Division is inserted in Part 5:
Division 9A - Alternative voting procedures

130A.   Object of Division 9A

The object of this Division is to ensure that electors of all abilities and needs are reasonably provided with the opportunity to vote at an election.

130B.   Interpretation of Division

In this Division –
accessibility and inclusion organisation means any one or more of the following:
(a) any organisation or peak body that focuses on advocacy, support or services for people with diverse needs (whether from disability, impairment or other circumstances);
(b) any other approved organisation, approved group or approved body;
alternative voting procedures means alternative voting procedures referred to in section 130C(1) .

130C.   Commission may approve alternative voting procedures

(1)  Subject to subsections (2) , (3) and (4) , if the Commission is satisfied that an elector, or a class of electors, does not have a reasonable opportunity to vote at an election under any other provisions of this Act, the Commission may approve any alternative voting procedures that the Commission considers necessary and appropriate to enable the elector, or the class of electors, to vote at the election.
(2)  The Commission may act under subsection (1)  –
(a) on its own motion; or
(b) on the request of an accessibility and inclusion organisation.
(3)  Before taking any action under subsection (1) , the Commission is to, as far as is practicable, consult with any accessibility and inclusion organisation that the Commission considers necessary and appropriate.
(4)  The Commission must not approve any alternative voting procedures under subsection (1) unless the Commission is satisfied that –
(a) the approval is warranted, having regard to –
(i) the practicality and security of the alternative voting procedures; and
(ii) the resources required to establish and maintain the alternative voting procedures; and
(b) as far as practicable, the alternative voting procedures provide for –
(i) the authentication of the vote of an elector; and
(ii) the preservation of the secrecy of the vote of an elector.
(5)  The Commission is to approve procedures to enable a vote cast in accordance with approved alternative voting procedures to be transmitted or forwarded to the Commission.

130D.   Entitlement to vote by approved alternative voting procedures

Any elector enabled to vote at an election under approved alternative voting procedures is entitled to vote in accordance with those procedures.

130E.   Counting of votes cast by approved alternative voting procedures

Any vote cast by an elector in accordance with approved alternative voting procedures, and transmitted or forwarded to the Commission in accordance with procedures approved under section 130C(5) , is to be counted with the postal votes for the election.

130F.   Votes from approved alternative voting procedures not to be disclosed

Any person who becomes aware of how an elector, voting at an election in accordance with approved alternative voting procedures, voted is not to disclose this information to any other person except in accordance with a procedure approved under section 130C(5) .

5.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

[Second reading presentation speech made in:

House of Assembly on 11 MARCH 2025

Legislative Council on 2 APRIL 2025]