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senate vote 2017-09-11#2

Edited by mackay staff

on 2023-10-20 12:48:16

Title

  • Bills — Electoral and Other Legislation Amendment Bill 2017; in Committee
  • Electoral and Other Legislation Amendment Bill 2017 - in Committee - Reduce voting age to 16

Description

  • <p class="speaker">Lee Rhiannon</p>
  • <p>by leave&#8212;At the request of Senator Di Natale, I move Greens amendments (1) and (2) on sheet 8222 together:</p>
  • The majority voted against [Greens amendments](https://www.openaustralia.org.au/senate/?gid=2017-09-11.15.2) that would have:
  • > *lower[ed] the minimum age of a voter in an Australian federal election and referendum from 18 years to 16 years of age but [kept] the age of compulsory voting eligibility to standing as a federal parliamentarian at 18 years of age*
  • ### Amendment text
  • > *(1) Clause 2, page 2 (at the end of the table), add:*
  • >
  • >> *3. Schedule 2 The day after this Act receives the Royal Assent.*
  • >
  • > *(2) Page 45 (after line 5), at the end of the Bill, add:*
  • >
  • >> *Schedule 2—Lowering the Voting Age*
  • >>
  • >> *Commonwealth Electoral Act 1918*
  • >>
  • >> *1 Subsection 4(3)*
  • >>
  • >>> *Omit "age 16", substitute "age 14".*
  • >>
  • >> *2 Subsection 55(2)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *3 Subsection 90B(10) (subparagraph (g)(iii) of the definition of additional information )*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *4 Paragraph 93(1)(a)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *5 Paragraph 93(3)(b)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *6 Subsection 93(4)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *7 Paragraphs 95(1)(c) and (f)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *8 Paragraphs 95(6)(a) and (b)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *9 Subsection 95(7)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *10 Paragraph 95(8)(a)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *11 Paragraph 95(13)(e)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *12 Subsection 98(1)*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *13 Subsection 98(3)*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *14 Section 100 (heading)*
  • >>
  • >>> *Repeal the heading, substitute:*
  • >>>
  • >>> *100 Claims for age 14 enrolment*
  • >>
  • >> *15 Paragraph 100(1)(a)*
  • >>
  • >>> *Omit "has turned 16, but is under 18, years of age", substitute "has turned 14, but is under 16, years of age".*
  • >>
  • >> *16 Paragraph 100(1)(b)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *17 Subsection 100(2)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *18 Paragraph 108(a)*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *19 Subsection 120(2) (table item 4)*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *20 Paragraph 121(1)(c)*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *21 Section 208(2)(b)*
  • >>
  • >>> *Omit "18", substitute "16".*
  • >>
  • >> *22 After subsection 245(1)*
  • >>
  • >>> *Insert:*
  • >>>
  • >>> *(1A) Subsection (1) does not apply to an elector who is 16 or 17 years of age on the polling day for an election.*
  • >>
  • >> *23 At the end of subsection 245(4)(d)*
  • >>
  • >>> *Add:*
  • >>>
  • >>> *; or (e) was 16 or 17 years of age on the day of the election.*
  • >>
  • >> *24 At the end of subsection 245(15)*
  • >>
  • >>> *Add:*
  • >>>
  • >>> *Note: A person who is 16 or 17 years old is exempt from committing an offence under subsection (15). See subsection (1A).*
  • >>
  • >> *25 Section 342*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *26 Section 343(1)*
  • >>
  • >>> *Omit "16", substitute "14".*
  • >>
  • >> *Referendum (Machinery Provisions) Act 1984*
  • >>
  • >> *27 Paragraph 22(2)(b)*
  • >>
  • >>> *Omit "18 years old", substitute "16 years old".*
  • >>>
  • >> *28 After subsection 45(1)*
  • >>
  • >>> *Insert:*
  • >>>
  • >>> *(1A) Subsection (1) does not apply to an elector who is 16 or 17 years of age on the polling day of an election.*
  • >>
  • >> *29 At the end of subsection 45(4)(d)*
  • >>
  • >>> *Add:*
  • >>>
  • >>> *; or (e) was 16 or 17 years of age on the day of the election.*
  • >>
  • >> *30 At the end of subsection 45(14)*
  • >>
  • >>> *Add:*
  • >>>
  • >>> *Note: A person who is 16 and 17 years old is exempt from committing an offence under subsection (14). See subsection (1A).*
  • <p>( 1) Clause 2, page 2 (at the end of the table), add:</p>
  • <p>3. Schedule 2 &#160;&#160;&#160;The day after this Act receives the Royal Assent.</p>
  • <p>(2) Page 45 (after line 5), at the end of the Bill, add:</p>
  • <p>Schedule 2&#8212;Lowering the Voting Age</p>
  • <p class="italic"> <i>Commonwealth Electoral Act 1918</i></p>
  • <p>1 Subsection 4(3)</p>
  • <p>Omit "age 16", substitute "age 14".</p>
  • <p>2 Subsection 55(2)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>3 Subsection 90B(10) (subparagraph (g)(iii) of the definition of <i>additional information</i> )</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>4 Paragraph 93(1)(a)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>5 Paragraph 93(3)(b)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>6 Subsection 93(4)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>7 Paragraphs 95(1)(c) and (f)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>8 Paragraphs 95(6)(a) and (b)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>9 Subsection 95(7)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>10 Paragraph 95(8)(a)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>11 Paragraph 95(13)(e)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>12 Subsection 98(1)</p>
  • <p>Omit "16", substitute "14".</p>
  • <p>13 Subsection 98(3)</p>
  • <p>Omit "16", substitute "14".</p>
  • <p>14 Section 100 (heading)</p>
  • <p>Repeal the heading, substitute:</p>
  • <p>100 Claims for age 14 enrolment</p>
  • <p>15 Paragraph 100(1)(a)</p>
  • <p>Omit "has turned 16, but is under 18, years of age", substitute "has turned 14, but is under 16, years of age".</p>
  • <p>16 Paragraph 100(1)(b)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>17 Subsection 100(2)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>18 Paragraph 108(a)</p>
  • <p>Omit "16", substitute "14".</p>
  • <p>19 Subsection 120(2) (table item 4)</p>
  • <p>Omit "16", substitute "14".</p>
  • <p>20 Paragraph 121(1)(c)</p>
  • <p>Omit "16", substitute "14".</p>
  • <p>21 Section 208(2)(b)</p>
  • <p>Omit "18", substitute "16".</p>
  • <p>22 After subsection 245(1)</p>
  • <p>Insert:</p>
  • <p>(1A) Subsection (1) does not apply to an elector who is 16 or 17 years of age on the polling day for an election.</p>
  • <p>23 At the end of subsection 245(4)(d)</p>
  • <p>Add:</p>
  • <p>; or (e) was 16 or 17 years of age on the day of the election.</p>
  • <p>24 At the end of subsection 245(15)</p>
  • <p>Add:</p>
  • <p>Note: A person who is 16 or 17 years old is exempt from committing an offence under subsection (15). See subsection (1A).</p>
  • <p>25 Section 342</p>
  • <p>Omit "16", substitute "14".</p>
  • <p>26 Section 343(1)</p>
  • <p>Omit "16", substitute "14".</p>
  • <p class="italic"> <i>Referendum (Machinery Provisions) Act 1984</i></p>
  • <p>27 Paragraph 22(2)(b)</p>
  • <p>Omit "18 years old", substitute "16 years old".</p>
  • <p>28 After subsection 45(1)</p>
  • <p>Insert:</p>
  • <p>(1A) Subsection (1) does not apply to an elector who is 16 or 17 years of age on the polling day of an election.</p>
  • <p>29 At the end of subsection 45(4)(d)</p>
  • <p>Add:</p>
  • <p>; or (e) was 16 or 17 years of age on the day of the election.</p>
  • <p>30 At the end of subsection 45(14)</p>
  • <p>Add:</p>
  • <p>Note: A person who is 16 and 17 years old is exempt from committing an offence under subsection (14). See subsection (1A).</p>
  • <p>The purpose of these amendments is quite straightforward, and you would hope we would all agree on it. They are amendments that lower the minimum age of a voter in an Australian federal election and referendum from 18 years to 16 years of age but keep the age of compulsory voting eligibility to standing as a federal parliamentarian at 18 years of age. That really shouldn't be something to question at this stage. Young people can work, can pay taxes, can be in the defence forces and can even get married&#8212;an issue that's well and truly in the news at the moment. They can drive a car and they can do so many things&#8212;just about everything that you can do after you're 18. So what's the problem? Surely it's time that they be given the vote. These are very straightforward amendments&#8212;ones that I'd even argue are overdue&#8212;and it's certainly changing in other countries like democracies that are collapsing, where this has been brought in. Other countries allow 16- and 17-year-olds to vote and there have been good results, with youth turnout really taking off. We've seen it in Austria and Scotland, and hopefully the time will come very soon in Australia. These amendments are put forward by the Australian Greens leader, Senator Di Natale, and I highly recommend them.</p>
  • <p class="speaker">Mathias Cormann</p>
  • <p>The government will not be supporting these amendments. This is clearly not a matter that is in any way related to the authorisation of electoral communications. The government does not support lowering the voting age. This is clearly a significant change to the electoral system. As far as I'm aware, it does not respond to a recommendation from the parliament's cross-party Joint Standing Committee on Electoral Matters, whereas the bill currently before the Senate does respond to the joint standing committee recommendations to reform the authorisation of voter communication to increase the transparency and integrity of our elections. The government will not be supporting these amendments.</p>
  • <p class="speaker">Don Farrell</p>
  • <p>The opposition will also not be supporting either of the Greens amendments to this bill. While I commend the Greens for raising these important issues, it's the belief of the opposition that the issues addressed in these amendments should be considered fully and properly by the Joint Standing Committee on Electoral Matters, of which Senator Rhiannon is, of course, a participating member. The ALP has a proud history of advocating for the extension of electoral franchise. It was the Labor government in 2012 that introduced automatic enrolment provisions, extending the right to vote to thousands of disenfranchised voters across the country. Similarly, prior to the last election, it was the Labor Party that moved to extend the vote to 16- and 17-year-olds in this country. It's Labor's belief that if you are old enough to work, old enough to pay tax, old enough to drive and even old enough to join the military, you should be considered old enough to have your say. At the time, the Leader of the Opposition committed that a Labor government would consult on the issue appropriately prior to recommending a change by way of legislative provisions. It is still our belief that this is a substantial issue requiring appropriate consultation, and, therefore, it is not adequate to simply move an amendment to an unrelated reform package. The Labor opposition would strongly recommend that the issues canvassed by the Greens amendments be referred to the JSCEM committee, of which Senator Rhiannon is a member. She can participate on behalf of the Australian Greens and seek appropriate reform.</p>
  • <p class="speaker">Richard Di Natale</p>
  • <p>Right now, young people are being screwed over. They're being disenfranchised from the democratic process. We have a policy that's focused on the next election, rather than the future of young people. They are, quite rightly, angry at their political leaders. When it comes to housing, the only thing that's growing faster than housing prices is the fact that most people know that they are getting royally screwed over right now. You have young people being told, 'Do well at school, thrive at university and get a job&#8212;that's the pathway to prosperity.' But these are people who are being locked out of the housing market. There is this rigged system where property investors are buying multiple properties because they get tax breaks. Of course that's something that impacts very directly on young people.</p>
  • <p>It's not just about home ownership, of course. When it comes to climate change and greenhouse pollution, we know that it's going to be future generations who are going to have to clean up the mess left by this government. It's about income inequality as well. When you look at work by the Grattan Institute, who have crunched the numbers on intergenerational inequality, you have baby boomers aged between 65 and 75 who are accruing wealth fastest&#8212;$200,000 more than that age group eight years earlier. While, if you are 25 to 35, you have been going backwards over the same period. So we've got this growing income inequality. We have complete inaction on climate change. We have young people being locked out of the housing market. We've had other reforms&#8212;for example, sniffer dogs at festivals. And the approach that's been taken in the space of digital rights means young people's online rights have been effectively taken away because of a narrow political agenda.</p>
  • <p>There are so many issues on which young people are being screwed over. Right now, if they are 16 or 17, they have no opportunity to participate in the democratic process by exercising the most precious thing that we get when we turn 18, and that is the right to vote. As Senator Rhiannon said earlier, this is something that's being reconsidered in other countries. We know that, if you are a young person in Australia, you can open a bank account, you pay taxes, you can marry, you can drive a vehicle, you can serve in the Defence Force and you're effectively independent. At the age of 16 and 17, you can do some or all of these things&#8212;yet the one thing that you can't do is vote. So we absolutely recommend this amendment to the Senate.</p>
  • <p>I have to say that it's very disappointing that the Labor Party right now are saying that they will vote against this amendment. In a speech by the opposition leader, he called for the voting age to be lowered to 16. He made that very, very explicit commitment. It was a speech to the New South Wales Young Labor conference in Sydney, where he said very explicitly that, if people aged 16 and 17 can drive, work, pay taxes, join the military and make their own choices about medical treatment, they should be allowed to vote. He said that very explicitly. Here's an opportunity to back up his own words by supporting this amendment. We would expect that the Labor Party would now join the Greens in giving young people a say in the decisions that are being made on their behalf, that are being made for them right now. I would have thought that, if this was an issue on which the opposition leader felt so strongly that he was prepared to make it the centrepiece of a speech to the Young Labor conference, the very least he would do is support an amendment that would allow it to happen. He didn't say at the time, 'We need to consult on this and determine whether this is an appropriate amendment to the Electoral Act.' What he said was that 16- and 17-year-olds should be given the right to vote. It was a very straightforward statement from the opposition leader, but it seems he's walking back from that by not supporting this amendment.</p>
  • <p>I commend this amendment to the Senate. I think it is absolutely relevant, given we've had a process with the Joint Standing Committee on Electoral Matters looking at a range of issues around participation in democracy and, obviously, the nature of this bill. This bill goes to the issue of authorisation and other such matters which are relevant to the work of that committee&#8212;but so too is the fact that we have young people now who are being disenfranchised from the democratic process who need to be given a voice.</p>
  • <p class="speaker">Malcolm Roberts</p>
  • <p>Although Pauline Hanson's One Nation party opposes the reduction of the voting age to 16, we do find ourselves to be in a position of agreeing with the Greens on one thing. We agree with Senator Di Natale, who says that young people are being screwed over&#8212;too right, they are. Look at energy prices right now; that's because of the Greens' policies. Look at housing prices; that's because of the Greens' policies. The Greens talk about carbon dioxide as a pollutant. It's a trace gas that's essential for all life on this planet. Everything green, except the Greens Party, depends upon carbon dioxide. That's why it's green; it's because of photosynthesis.</p>
  • <p>We have the Greens talking about a cyclone and hurricanes in the Northern Hemisphere, an entirely natural event. But they're fabricating those events into being something unusual. So cyclone Irma comes across the Northern Hemisphere, and it's unusual and caused by us. We have had 10 hurricanes that have made landfall in the United States in the last 10 years. One hundred years ago, in the 1850s to 1860s, it was 27 hurricanes. That's three times as many as today. We see the Greens destroying coal and hydro, preventing the use of coal-fired power stations and hydro. That is destroying cheap energy. The Greens then talk about income inequality&#8212;</p>
  • <p class="speaker">Glenn Sterle</p>
  • <p>Senator Roberts, I will bring you back to the content of the bill that we are discussing at the moment.</p>
  • <p class="speaker">Malcolm Roberts</p>
  • <p>Thank you, Temporary Chair. I'm just coming back to that now. This is nothing more than a vote grab to grab idealistic teenagers. Wait until those teenagers start earning income and start to pay bills, and then they'll see the cost of the Greens' policies. Sixteen is too young. We need to have people who have responsibility for paying bills and people who have responsibility for making serious decisions, because that is what is at stake in the elections.</p>
  • <p class="speaker">Glenn Sterle</p>
  • <p>The question is that Australian Greens amendments (1) and (2) on sheet 8222 be agreed to.</p>