Commonwealth Electoral Amendment (Democratic Plebiscites) Act 2007
No. 157, 2007
An Act to amend the Commonwealth Electoral Act 1918, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Commonwealth Electoral Act 1918
Commonwealth Electoral Amendment (Democratic Plebiscites) Act 2007
No. 157, 2007
An Act to amend the Commonwealth Electoral Act 1918, and for related purposes
[Assented to 24 September 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Commonwealth Electoral Amendment (Democratic Plebiscites) Act 2007.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Commonwealth Electoral Act 1918
1 After subsection 7A(1B)
Insert:
(1C) The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by law.
Note: The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph (1)(c) of Information Privacy Principle 10 in section 14 of the Privacy Act 1988.
(1D) To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken:
(a) to be authorised by law; and
(b) not to contravene any provision of this Act.
Note: The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988.
(1E) A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for:
(a) entering into, or proposing to enter into, an arrangement under subsection (1); or
(b) taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates.
(1F) If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights.
Note: Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986.
(1G) Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901.
2 At the end of paragraphs 395(a) and (b)
Add “and”.
3 At the end of section 395
Add:
; and (e) providing for how the Commission is to supply goods or services under an arrangement under section 7A.
[Minister’s second reading speech made in—
House of Representatives on 16 August 2007
Senate on 12 September 2007]
Overview
The Commonwealth Electoral Amendment (Democratic Plebiscites) Act 2007 was enacted by the Parliament of Australia to address the need for a legal framework to conduct plebiscites in a democratic manner. This Act amends the Commonwealth Electoral Act 1918, incorporating provisions that specifically authorise the use and disclosure of personal information by the Australian Electoral Commission for the purpose of conducting plebiscites. The Act also ensures that state and territory laws do not impede the conduct of such activities, aligning them with international human rights standards, particularly the International Covenant on Civil and Political Rights. The overall policy objective of this legislation is to facilitate the smooth operation of plebiscites while ensuring compliance with privacy laws and human rights obligations.
Scope and Application
The Commonwealth Electoral Amendment (Democratic Plebiscites) Act 2007 amends the Commonwealth Electoral Act 1918 to facilitate the use of personal information by the Australian Electoral Commission (AEC) for the conduct of plebiscites, while also protecting participants and administrators from state or territory laws that might otherwise prohibit or penalise their involvement in such activities. This Act applies to the AEC, individuals, and bodies that participate in or assist with the conduct of plebiscites, and it extends to the use of personal information in a manner that is authorised by law and does not contravene provisions of the Commonwealth Electoral Act 1918. The Act also provides that any state or territory law that would otherwise prohibit, penalise, or discriminate against persons or bodies entering into arrangements for plebiscites or participating in them is rendered ineffective to the extent of inconsistency with certain rights under the International Covenant on Civil and Political Rights, specifically Articles 19 and 25. The application of the Act is not limited by state or territory laws and is intended to operate to the full extent of the Commonwealth's legislative powers.
Key Provisions
The Commonwealth Electoral Amendment (Democratic Plebiscites) Act 2007 amends the Commonwealth Electoral Act 1918 to introduce provisions related to the use of personal information for plebiscites and other activities. Specifically, section 1(1C) of the Schedule to the Act authorises the use by the Electoral Commission of personal information, including that contained in the electoral roll, for the purpose of conducting activities such as plebiscites under an arrangement under subsection 7A(1). This use is taken to be authorised by law, and includes authorisation for the purposes of certain privacy principles in the Privacy Act 1988. Section 1(1D) further clarifies that the disclosure of personal information for such purposes is also authorised by law and does not contravene any provision of the Electoral Act.
The Act imposes obligations on the Electoral Commission to ensure that the use and disclosure of personal information for plebiscites is conducted in a manner that is authorised by law and does not contravene any provisions of the Electoral Act. Additionally, section 1(1E) prevents state or territory laws from prohibiting or penalising the Commission or other entities for entering into arrangements for plebiscites or participating in such activities. This protection extends to actions proposed to be taken, not just those actually taken.
Breaches of the provisions outlined in the Act may have legal consequences. While specific offences and penalties are not detailed in the provided excerpt, the Act implies that any misuse or unauthorised use of personal information could potentially lead to legal action under both the Electoral Act and the Privacy Act. Additionally, state or territory laws that attempt to prohibit or penalise activities authorised under this Act would be ineffective to the extent of any inconsistency with the International Covenant on Civil and Political Rights.