Electoral Regulation 1993 (ACT)

Electoral Regulation 1993   

SL1993-24

made under the

Electoral Act 1992

Republication No 24

Effective:  29 November 2023

Republication date: 29 November 2023

Last amendment made by A2023‑43

About this republication

The republished law

This is a republication of the Electoral Regulation 1993, made under the Electoral Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 29 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 29 November 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Electoral Regulation 1993

made under the

Electoral Act 1992

Contents

Page

1            Name of regulation  2

2            Dictionary  2

3            Notes  2

4            Use of roll information—public health—Act, s 65  2

4A          Use of roll information—contacting former Totalcare employees            3

4AA           Use of roll information—deceased estates—Act, s 65  4

4AB           Use of roll information—taxation—Act, s 65  4

4AC           Use of roll information—integrity commissioner—Act, s 65                   4

5            Prescribed entity—Act, s 67 (1) (b)  6

5A          Declaration ballot papers—Act, s 114 (7)  6

Dictionary7

Endnotes

1            About the endnotes  8

2            Abbreviation key  8

3            Legislation history  9

4            Amendment history  13

5            Earlier republications  16

Electoral Regulation 1993

made under the

Electoral Act 1992

1. Name of regulation

   This regulation is the Electoral Regulation 1993.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Use of roll information—public health—Act, s 65

   (1)The chief health officer is a prescribed authority.

   (2)The following are prescribed purposes:

   (a)maintaining the cancer register under the Public Health Regulation 2000, section 46;

   (b)contacting women to offer breast cancer screening and prevention services;

   (c)contacting people aged 45 to 49 years for health assessment.

   (3)The chief health officer may give roll information to another person or entity if the only use of the information authorised by the chief health officer is for a prescribed purpose under this section.

   (4)A person or entity given roll information under subsection (3) may only use the information for a prescribed purpose under this section.

4AUse of roll information—contacting former Totalcare employees

(1)For the Act, section 65 (Provision of roll information to prescribed authorities)—

(a)the director‑general of Treasury is a prescribed authority; and

(b)assisting the director‑general of Treasury to contact a former Totalcare employee about superannuation is a prescribed purpose.

(2)The director‑general of Treasury may give roll information to another person or entity if the only use of the information authorised by the director‑general is to contact a former Totalcare employee about superannuation.

(3)A person or entity given roll information under subsection (2) may only use the information for contacting a former Totalcare employee  about superannuation.

(4)In this section:

director‑general of Treasury means the director‑general of the Treasury Directorate.

superannuation includes any superannuation matter associated with a person’s former employment with Totalcare.

Totalcare means Totalcare Industries Limited ABN 70 054 435 746.

4AAUse of roll information—deceased estates—Act, s 65

(1)The public trustee and guardian is a prescribed authority.

(2)Administration of deceased estates is a prescribed purpose.

(3)The public trustee and guardian may give roll information to another person or entity if the only use of the information authorised by the public trustee and guardian is to administer a deceased estate.

(4)A person or entity given roll information under subsection (3) may only use the information for a prescribed purpose under this section.

4ABUse of roll information—taxation—Act, s 65

(1)The commissioner for revenue is a prescribed authority.

(2)The administration or enforcement of a tax law is a prescribed purpose.

(3)The commissioner for revenue may give roll information to another person or entity if the only use of the information authorised by the commissioner for revenue is to administer or enforce a tax law.

(4)A person or entity given roll information under subsection (3) may only use the information to administer or enforce a tax law.

4ACUse of roll information—integrity commissioner—Act, s 65

(1)The integrity commissioner is a prescribed authority.

(2)Each of the following is a prescribed purpose:

(a)under the Integrity Commission Act 2018—

(i)dealing with corruption reports (including carrying out preliminary inquiries mentioned in section 86 of that Act); and

(ii)investigating conduct that is alleged to be corrupt conduct; and

(iii)identifying, exposing and preventing corrupt conduct; and

(iv)referring suspected instances of criminality or wrongdoing to the appropriate authority for further investigation and action;

(b)under the Public Interest Disclosure Act 2012—

(i)assessing disclosures of disclosable conduct; and

(ii)investigating public interest disclosures; and

(iii)reviewing investigations of public interest disclosures.

(3)The integrity commissioner may give roll information to another person or entity if—

(a)the person or entity is authorised by the integrity commissioner to use the information for the following purposes only:

(i)investigating conduct that is alleged to be corrupt conduct as mentioned in subsection (2) (a) (ii);

(ii)investigating or taking action in relation to suspected criminality or wrongdoing as mentioned in subsection (2) (a) (iv); or

(b)the person or entity has power to require the production of documents or the answering of questions, and the information is given so that the integrity commission may fulfil a purpose mentioned in paragraph (a).

Example—par (b)

giving roll information to a magistrate when applying for a search warrant as part of an investigation of conduct that is alleged to be corrupt conduct

(4)A person or entity given roll information under subsection (3) (a) may use the information only as authorised.

(5)In this section:

corrupt conduct—see the Integrity Commission Act 2018, section 9.

disclosable conduct—see the Public Interest Disclosure Act 2012, section 8.

public interest disclosure—see the Public Interest Disclosure Act 2012, section 7.

1. Prescribed entity—Act, s 67 (1) (b)

   The ActewAGL retail partnership ABN 46 221 314 841 (Icon Retail Investments Limited ABN 23 074 371 207 and AGL ACT Retail Investments Pty Ltd ABN 53 093 631 586) is prescribed.

5ADeclaration ballot papers—Act, s 114 (7)

The heading to be printed or endorsed on a ballot paper to be used for declaration voting must be the heading to a ballot paper set out in the Act, schedule 1 modified by inserting Declaration next to Ballot paper.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions relevant to this regulation. For example:

·     chief health officer

·     commissioner for revenue

·     director‑general (see s 163)

·     entity

·     integrity commission

·     integrity commissioner

·     public trustee and guardian.

Note 2Terms used in this regulation have the same meaning that they have in the Electoral Act 1992.

roll information means a copy of a roll or of information contained on a roll.

tax law—see the Taxation Administration Act 1999, section 4.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally the Electoral Regulations.  It was renamed by the Electoral Regulations Amendment SL2000‑43 (see s 4) and under the Legislation Act 2001.

   Electoral Regulation 1993 SL1993-24

   notified 11 June 1993 (Gaz 1993 No S106)

   commenced 11 June 1993 (s 2)

   as amended by

   Electoral Regulations (Amendment) SL1994‑16

   notified 17 May 1994 (Gaz 1994 No S88)

   commenced 17 May 1994 (s 2)

   Electoral Regulations (Amendment) SL1994‑39

   notified 16 November 1994 (Gaz 1994 No S260)

   commenced 16 November 1994 (s 1)

   Electoral Regulations (Amendment) SL1995‑4

   notified 12 January 1995 (Gaz 1995 No S19)

   commenced 12 January 1995 (s 1)

   Electoral Regulations (Amendment) SL1995‑45

   notified 15 December 1995 (Gaz 1995 No S309)

   commenced 15 December 1995 (s 1)

   Electoral Regulations (Amendment) SL1997‑5

   notified 25 March 1997 (Gaz 1997 No S75)

   commenced 25 March 1997 (s 1)

   Electoral Regulations (Amendment) SL1997‑28

   notified 27 October 1997 (Gaz 1997 No S324)

   commenced 27 October 1997 (s 1)

   Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 sch 2 (as am by A2002‑49 amdt 3.222)

   notified 19 September 1997 (Gaz 1997 No S264)

   commenced 24 September 1997 (s 2 as am by A2002‑49 amdt 3.222)

   Electoral Regulations (Amendment) SL1997‑34

   notified 28 November 1997 (Gaz 1997 No S383)
   s 4 (b) commenced 1 December 1997 (s 1 (2))

   remainder commenced 28 November 1997 (s 1 (1))

   Electoral Regulations Amendment SL2000-43

   notified 2 November 2000 (Gaz 2000 No 44)

   commenced 2 November 2000 (s 1)

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 121

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 121 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Electoral Amendment Regulations 2002 (No 1) SL2002-22

   notified LR 9 August 2002
   s 1, s 2 commenced 9 August 2002 (LA s 75 (1))

   remainder commenced 10 August 2002 (s 2)

   Statute Law Amendment Act 2002 A2002-30 pt 3.22

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

   pt 3.22 commenced 17 September 2002 (s 2 (1))

   Statute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222

   notified LR 20 December 2002
   s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))

   amdt 3.222 commenced 24 September 1997 (s 2 (3))

   NoteThis Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41.

   Electoral Amendment Regulations 2004 (No 1) SL2004-6

   notified LR 16 February 2004
   s 1, s 2 commenced 16 February 2004 (LA s 75 (1))

   remainder commenced 17 February 2004 (s 2)
   repealed by disallowance 18 March 2004 (AR2004-1)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.34

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

   sch 3 pt 3.34 commenced 12 April 2007 (s 2 (1))

   Electoral Legislation Amendment Act 2008 A2008-13 sch 2

   notified LR 20 May 2008
   s 1, s 2 commenced 20 May 2008 (LA s 75 (1))
   sch 2 commenced 21 May 2008 (s 2)

   Electoral Amendment Regulation 2008 (No 1) SL2008-43

   notified LR 18 September 2008
   s 1, s 2 commenced 18 September 2008 (LA s 75 (1))

   remainder commenced 19 September 2008 (s 2)

   Electoral Amendment Regulation 2009 (No 1) SL2009-50

   notified LR 16 October 2009
   s 1, s 2 commenced 16 October 2009 (LA s 75 (1))

   remainder commenced 17 October 2009 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.60

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.60 commenced 1 July 2011 (s 2 (1))

   Electoral Legislation Amendment Act 2012 A2012-1 pt 3

   notified LR 28 February 2012
   s 1, s 2 commenced 28 February 2012 (LA s 75 (1))

   pt 3 commenced 29 February 2012 (s 2)

   Electoral Amendment Act 2012 A2012-28 sch 1 pt 1.1

   notified LR 18 May 2012
   s 1, s 2 commenced 18 May 2012 (LA s 75 (1))

   sch 1 pt 1.1 commenced 1 July 2012 (s 2)

   Electoral Amendment Regulation 2013 (No 1) SL2013-13

   notified LR 12 June 2013
   s 1, s 2 commenced 12 June 2013 (LA s 75 (1))

   remainder commenced 13 June 2013 (s 2)

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.6

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 3 pt 3.6 commenced 10 June 2015 (s 2)

   Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.19

   notified LR 16 March 2016
   s 1, s 2 commenced 16 March 2016 (LA s 75 (1))

   sch 1 pt 1.19 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)

   Electoral Amendment Regulation 2019 (No 1) SL2019-9

   notified LR 23 May 2019
   s 1, s 2 commenced 23 May 2019 (LA s 75 (1))

   remainder commenced 21 August 2019 (see A1992-71 s 341 (4) (b))

   Electoral Amendment Regulation 2023 (No 1) SL2023-6

   notified LR 1 May 2023
   s 1, s 2 commenced 1 May 2023 (LA s 75 (1))

   remainder commenced 2 May 2023 (s 2)

   Electoral Amendment Regulation 2023 (No 1) SL2023-6

   notified LR 1 May 2023
   s 1, s 2 commenced 1 May 2023 (LA s 75 (1))

   remainder commenced 2 May 2023 (s 2)

   Electoral and Road Safety Legislation Amendment Act 2023 A2023-43 sch 2 pt 2.2

   notified 15 November 2023
   s 1, s 2 commenced 15 November 2023 (LA s 75 (1))

   sch 2 pt 2.2 commenced 29 November 2023 (s 2 (1))

2. Amendment history

   Preliminary

   pt 1 hdgins SL1994‑39 s 3

   om SL2000‑43 s 3

   Name of regulation

   s 1sub SL2000‑43 s 4

   am R10 LA

   Dictionary

   s 2om A2001‑44 amdt 1.1401

   ins A2007‑3 amdt 3.177

   om A2008‑13 amdt 2.1

   ins SL2008‑43 s 4

   Notes

   s 3om SL2004‑6 s 4

   revived AR2004-1

   sub A2007‑3 amdt 3.177

   om A2008‑13 amdt 2.1

   ins SL2008‑43 s 4

   def Act om A2001‑44 amdt 1.1402

   def City of Canberra Arms ins SL1997‑34 s 3

   sub A2002‑30 amdt 3.354

   om SL2004‑6 s 4

   revived AR2004-1

   om A2007‑3 amdt 3.177

   def government agency ins SL1997‑34 s 3

   om SL2004‑6 s 4

   revived AR2004-1

   om A2007‑3 amdt 3.177

   Electoral Commission

   pt 2 hdgins SL1994‑39 s 4

   om A1997‑41 sch 2

   Prescribed organisations—ballots

   s 3Ains SL1997‑5 s 3

   om A1997‑41 sch 2

   Use of roll information—public health—Act, s 65

   s 4sub SL1994‑16 s 3

   am SL1995‑45 s 3; SL1997‑5 s 4

   om A1997‑41 sch 2

   ins SL2000‑43 s 5

   am SL2008‑43 s 5

   sub SL2013‑13 s 4

   Use of roll information—contacting former Totalcare employees

   s 4Ains SL2008‑43 s 6

   am A2011‑22 amdt 1.191, amdt 1.192

   Use of roll information—deceased estates—Act, s 65

   s 4AAins SL2013‑13 s 5

   am A2016‑13 amdt 1.57

   Use of roll information—taxation—Act, s 65

   s 4ABins SL2019‑9 s 4

   Use of roll information—integrity commissioner—Act, s 65

   s 4ACins SL2023‑6 s 4

   Prescribed entity—Act, s 67 (1) (b)

   s 5am SL1994‑16 s 4

   om A1997‑41 sch 2

   ins SL2002‑22 s 4

   am A2015‑15 amdt 3.37

   Ballot papers

   pt 2A hdgins SL1995‑4 s 3

   om SL2000‑43 s 6

   Declaration ballot papers—Act, s 114 (7)

   s 5A hdgsub A2023-43 amdt 2.76

   s 5Ains SL1995‑4 s 3

   am A2012‑1 s 20

   Dissemination of electoral matter

   pt 3 hdgins SL1994‑39 s 5

   om SL1997‑5 s 5

   ins SL1997‑28 s 3

   om SL2000‑43 s 6

   Amounts received by associated entities—Act, s 232 (4) (c)

   s 6 hdgsub A2002‑30 amdt 3.355

   s 6ins SL1994‑39 s 5

   om SL1997‑5 s 5

   ins SL1997‑28 s 3

   am SL1997‑34 s 4; A2002‑30 amdt 3.355, amdt 3.356

   sub SL2004‑6 s 5

   prev s 6 revived AR2004-1

   om A2008‑13 amdt 2.1

   ins SL2009‑50 s 4

   (2), (3) exp 1 July 2010 (s 6 (3))

   om A2012‑28 amdt 1.1

   Dictionary

   dictins A2007‑3 amdt 3.178

   om A2008‑13 amdt 2.2

   ins SL2008‑43 s 7

   am A2011‑22 amdt 1.193; SL2013‑13 s 6; A2016‑13 amdt 1.58; SL2019‑9 s 5; SL2023‑6 s 5; A2023-43 amdt 2.77

   def City of Canberra Arms ins A2007‑3 amdt 3.178

   om A2008‑13 amdt 2.2

   def government agency ins A2007‑3 amdt 3.178

   om A2008‑13 amdt 2.2

   def roll information ins SL2008‑43 s 7

   def tax law ins SL2019‑9 s 6

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	SL1995‑4	31 January 1995
2	SL1997‑5	31 March 1997
3	SL1997‑34	31 December 1997
4	SL1997‑34	31 August 1999
5	A2001‑44	12 September 2001
6	SL2002‑22	10 August 2002
7	A2002‑30	17 September 2002
7 (RI)	A2002‑30	19 February 2003
8	SL2004‑6	17 February 2004
9	SL2004‑6	19 March 2004
10	SL2004‑6	3 November 2004
11	A2007‑3	12 April 2007
12*	A2008‑13	21 May 2008
13	SL2008‑43	19 September 2008
14	SL2009‑50	17 October 2009
15	SL2009‑50	2 July 2010
16	SL2011‑22	1 July 2011
17	A2012‑1	29 February 2012
18	A2012‑28	1 July 2012
19	SL2013-13	13 June 2013
20	A2015‑15	10 June 2015
21	A2016‑13	1 April 2016
22	SL2019‑9	26 November 2020
23	SL2023‑6	2 May 2023
includes retrospective amendments by A2002‑49