Electoral and Referendum Amendment Act 1991

Administered by Department of Finance

Legislation au C2004A04242 Not in force Act

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Electoral and Referendum Amendment Act

1991

No. 167 of 1991

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART 2—AMENDMENTS OF THE COMMONWEALTH ELECTORAL

ACT 1918

3. Principal Act

4. Interpretation

5. Times at which redistributions are to commence

6. Provision of Rolls and habitation indexes to political parties etc.

7. Insertion of new sections:

91c. Provision of certified list of voters to candidates

91d. Provision of certified list of voters to members of House of Representatives

91e. Provision of certified list of voters to Senators

8. Claims for age 17 enrolment

9. Action on receipt of claim

10. Mode of nomination

11. Repeal of section and substitution of new section:

167. To whom nominations made

12. Repeal of section and substitution of new section:

170. Requisites for nomination

13. Repeal of section and substitution of new section:

176. Declaration of nominations

14. Application for registration as general postal voter

15. Inspection of applications

16. Repeal of sections 191 and 200h


TABLE OF PROVISIONS—continued

Section

17. Repeal of section and substitution of new section:

205. Use of licensed premises as polling booth

18. Printing of Senate ballot-papers

19. Individual voting tickets

20. Mobile booths—Remote Divisions

21. Compulsory voting

22. Scrutiny of votes in Senate elections

23 Declaration of poll and return of writs for House of Representatives

24. Printing and publication of electoral advertisements, notices etc.

25. Repeal of section and substitution of new section:

331. Heading to electoral advertisements

26. Other offences relating to ballot-papers etc.

27. Publication of matter regarding candidates

28. Immaterial errors not to vitiate election

29. Repeal of section and substitution of new section:

369. Copies of petition and order of Court to be sent to House affected, Governor-General and Speaker

30. No State referendum or vote to be held on polling day

31. Amendments of Schedule 3

32. Minor amendments

PART 3—AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS)

ACT 1984

33. Principal Act

34. Interpretation

35. Repeal of section and substitution of new section:

21. Use of licensed premises as polling booth

36. Compulsory voting

37. Inspection of applications

38. Repeal of sections 64 and 73G

39. Printing and publication of advertisements, notices etc.

40. Repeal of section and substitution of new section:

124. Headings to advertisements

41. Insertion of new section:

140a. Effect of averment by prosecutor

42. Amendments of Schedule 4

43. Minor amendments

PART 4—AMENDMENTS OF THE ELECTORAL AND REFERENDUM AMENDMENT

ACT 1989

44. Principal Act

45. Amendments of Schedule 2

SCHEDULE 1

MINOR AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918

SCHEDULE 2

MINOR AMENDMENTS OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984

SCHEDULE 3

AMENDMENTS OF SCHEDULE 2 TO THE ELECTORAL AND REFERENDUM AMENDMENT ACT 1989

Electoral and Referendum Amendment Act 1991

No. 167 of 1991

 

An Act to amend the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, and for related purposes

[Assented to 13 November 1991]

The Parliament of…

Overview

The Electoral and Referendum Amendment Act 1991 was enacted by the Parliament of Australia to amend the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, addressing several gaps and issues in the electoral process. The Act introduced various changes to the electoral laws, including modifications to the process of electoral nominations, the provision of certified lists of voters, and the handling of postal votes. It also updated the procedures for scrutinising votes in Senate elections and introduced new measures for enforcing compulsory voting, such as the issuance of penalty notices to electors who fail to vote without a valid reason. Additionally, the Act introduced requirements for the disclosure of personal information in electoral video recordings and advertisements, aiming to enhance transparency and accountability in electoral campaigns. The policy objective of the Act was to refine and modernise the electoral process, ensuring it remained fair, efficient, and reflective of the democratic principles of the Commonwealth.

Scope and Application

The Electoral and Referendum Amendment Act 1991 (Cth) is a Commonwealth legislation designed to amend the Commonwealth Electoral Act 1918 (Cth) and the Referendum (Machinery Provisions) Act 1984 (Cth), and make related adjustments. The Act applies to individuals and entities involved in the electoral process, including candidates, political parties, the Electoral Commission, and the Electoral Commissioner. The provisions cover various aspects of the electoral process such as the nomination process, electoral advertising, voting procedures, and scrutinies. The Act extends to the entire Commonwealth of Australia and its territories, as it operates within the jurisdictional scope of the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is intended to refine and enhance the existing electoral and referendum frameworks by making detailed amendments to the principal Acts.

Key Provisions

  • The Electoral and Referendum Amendment Act 1991 introduces significant changes to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. It also amends the Electoral and Referendum Amendment Act 1989. The Act includes amendments to the electoral process, penalties for electoral offences, and procedures for referendums. The Act makes it mandatory for the Electoral Commission to provide certified lists of voters to candidates, Senators, and members of the House of Representatives, and requires candidates to declare their citizenship and consent to act if elected (sections 91c, 91d, and 91e). It also updates the mode of nomination, requiring candidates to declare their residence or the address recorded in their enrolment (sections 166, 167, 170, and 176). The Act introduces a new procedure for 17-year-old enrolments (sections 100 and 102) and modifies the application process for postal votes (sections 184a and 189). The Act mandates the Electoral Commissioner to prepare lists of electors who appear to have failed to vote and sends them penalty notices, with provisions for responding to these notices and the consequences of non-compliance (sections 245 and 331). It also revises the scrutinies of votes in Senate elections, including the redistribution of votes when candidates are excluded (sections 273 and 276). The Act includes amendments to the printing and publication of electoral advertisements, including requirements for the disclosure of the person who authorised the advertisement (sections 328, 331, 121, and 124). The Act introduces offences and penalties for making false or misleading statements in nomination papers and other electoral matters (sections 339 and 365). It also provides for the effect of averments by the prosecutor in proceedings for offences against the Act (section 140a). The penalties for electoral offences include fines up to $500 and imprisonment for up to six months, depending on the severity of the offence (sections 331, 339, and 124). Failure to comply with the Act's provisions can result in criminal charges and civil penalties, which may include fines or imprisonment.

Legal classification tags

Area of Law
Election Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Licensing & Registration
Regulatory Standards
Transitional Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.