Electoral and Referendum Regulations 1940
Statutory Rules No. 163, 1940
made under the
Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984
Compilation No. 32
Compilation date: 1 December 2015
Includes amendments up to: SLI No. 216, 2015
Registered: 22 December 2015
About this compilation
This compilation
This is a compilation of the Electoral and Referendum Regulations 1940 that shows the text of the law as amended and in force on 1 December 2015 (the compilation date).
This compilation was prepared on 9 December 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Name of Regulations
3 Repeal
5 Interpretation
5A Prescribed authorities
Part II—Electoral
Division 1—Enrolment
6 Arrangements with States—form of Roll
7 Information on Rolls and certified lists of voters to be provided to particular people and organisations
8 Permitted purposes for use of information: prescribed authorities
8A Permitted purposes for use of information: Australian Red Cross Blood Service
9 Permitted purposes for use of information: other persons or organisations
13 Provisional enrolment by applicant for citizenship—prescribed electors
13A Enrolment‑related claims or notices do not have to be signed in certain circumstances
Part III—Electoral and Referendum
Division 1—Conduct of Elections and Referendums
40 State referendum or vote (Act, s 394)
Division 2—Electronically assisted voting for sight‑impaired people
41 Definitions for Division 2
42 Authorised call centres
43 Registration
44 Who is entitled to vote by an electronically assisted vote
45 Electronically assisted voting—questions to be put to person
46 Enabling registered sight‑impaired voter to vote
47 Requirements relating to ballot boxes
48 Role of scrutineers—authorised call centre
49 Record of electronically assisted votes
50 What must be done with the voter’s ballot papers
51 Scrutiny…
Overview
The Electoral and Referendum Regulations 1940, enacted under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, address the need for a comprehensive set of rules governing the administration of federal elections and referendums. The regulations were established by the Commonwealth Parliament to ensure the smooth operation of electoral processes, including voter enrolment, the conduct of elections, and the enforcement of compulsory voting laws. The primary policy objective of these regulations is to facilitate free, fair, and efficient elections while maintaining the integrity of the electoral process.
Scope and Application
The Electoral and Referendum Regulations 1940, as amended, are subsidiary legislation made under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. They apply across Australia, including the Australian Capital Territory and the Northern Territory, and govern the conduct of elections and referendums. The Regulations cover a wide array of topics including the enrolment of electors, the conduct of elections and referendums, the use of electoral information, and the enforcement of compulsory voting laws. They also provide for the establishment of authorised call centres to assist sight-impaired voters in casting their votes electronically. Specific provisions address the use of voter information by various agencies and authorities for purposes such as statistics, law enforcement, and national security. The Regulations are amended and updated through statutory rules, with specific amendments applying to the use of information by entities such as the Australian Taxation Office and the Department of the Treasury.
Key Provisions
- The Electoral and Referendum Regulations 1940, as amended, provide a framework for the conduct of elections and referendums in Australia. Key sections of the Regulations include the establishment and maintenance of electoral rolls, the conduct of elections and referendums, and the administration of compulsory voting laws. These Regulations mandate that electoral rolls must accurately reflect the current status of voters, with specific provisions for the indication of non-enrolled persons, and require the provision of electoral information to certain authorities and organisations for specified purposes. The Regulations also detail the procedures for conducting elections and referendums, including the use of authorised call centres for electronically assisted voting for sight-impaired voters, and set out the requirements for scrutinising votes and handling offences related to voting.
- The Regulations impose several obligations on parties involved in the electoral process. For example, the Electoral Commissioner is required to establish and maintain electoral rolls, ensure that eligible voters can register and vote, and oversee the scrutinisation of votes. Other obligations include the need for scrutineers to comply with specific regulations when monitoring the voting process, and the requirement for authorised call centres to assist sight-impaired voters in casting their votes electronically. Furthermore, the Regulations mandate that the Electoral Commissioner must record electronically assisted votes and ensure that ballot papers are handled according to prescribed procedures.
- Violations of the Regulations can result in various civil and criminal consequences. For instance, scrutineers who interfere with the duties of call centre operators or communicate with voters in unauthorised ways can be subject to penalties. Similarly, offences related to the protection of electronic voting hardware and software can also incur penalties. Additionally, the Regulations establish procedures for the enforcement of compulsory voting laws, including the institution of proceedings against electors who fail to vote and the use of statutory declarations in Court proceedings. The penalties for offences under these Regulations can include fines up to 5 penalty units, with some offences being of strict liability, meaning intent does not need to be proven.
- Area of Law
- Electoral and Referendum Law
- Disability Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing & Registration
- Offence Provisions
- Compliance Obligations
- Enforcement Powers
- Prohibited Conduct
