Electoral and Referendum Amendment Act 1992

Overview

The Electoral and Referendum Amendment Act 1992 was enacted by the Parliament of Australia to amend the Commonwealth Electoral Act 1918, the Referendum (Machinery Provisions) Act 1984, and the Freedom of Information Act 1982. The primary purpose of this Act was to enhance electoral processes, ensure the integrity of electoral rolls, and provide for the provision and protection of electoral information. The amendments introduced by this Act address various aspects of the electoral process, including the provision of electoral services, the regulation of the use of electoral information, and the administration of elections and referendums.

Scope and Application

The Electoral and Referendum Amendment Act 1992 applies to the Commonwealth of Australia and amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, as well as making amendments to the Freedom of Information Act 1982. The Act applies to various entities and individuals involved in the electoral and referendum processes, including the Australian Electoral Commission, political parties, candidates, and electors. It covers aspects such as the provision of electoral rolls and related materials, the conduct of elections and referendums, and the regulation of electoral advertising and conduct. The Act extends to all states and territories within Australia and applies to both federal and state-level elections and referendums. There are no explicit exclusions or thresholds stated in the text, but certain provisions may have implicit exclusions based on their specific application. The Act may be extended or restricted through subordinate instruments, such as regulations or guidelines issued under the authority of the Act.

Key Provisions

• The Electoral and Referendum Amendment Act 1992 (Act) amends the Commonwealth Electoral Act 1918 (Cth) to introduce several changes. Firstly, it expands the functions and powers of the Electoral Commission by allowing it to provide assistance to foreign countries or organisations in matters relating to elections and referendums (section 5). The Commission can also provide goods or services to other organisations or individuals if these can be provided using information, materiel, or expertise acquired in the performance of its functions (section 7A). The Commission is authorised to charge fees for these goods and services unless otherwise specified by law (section 7B). Secondly, the Act modifies the tenure and terms of office for certain positions within the Commission, such as the Chairperson and nonjudicial appointees, by removing specific provisions that previously applied to these roles (section 7 and 8). It also introduces a requirement for the Commission to report on its activities and decisions, including those related to the provision of electoral rolls and related materials to political parties (section 9). Thirdly, the Act changes the criteria for the employment of additional staff or consultants by the Commission, limiting their engagement to activities directly related to elections, referendums, or educational programs (section 10). It also revises the process for creating new electoral divisions, requiring officers to notify affected electors of any transfers (section 11). Furthermore, the Act updates the provisions governing the provision of electoral rolls and habitation indexes to political parties and other entities, mandating the provision of copies on tape or disk and allowing for the charging of fees under certain conditions (sections 12 and 13). It also prohibits the use of information from these materials for purposes other than those permitted under the Act, with specific penalties for breaches (sections 13 and 14). Additionally, the Act introduces provisions for provisional claims for enrolment by applicants for Australian citizenship, allowing them to make provisional claims for enrolment in the electoral roll (section 15). It also revises the process for handling requests to keep an elector's address off the roll, including the role of the Divisional Returning Officer and the Australian Electoral Officer in this process (sections 16 and 17). The Act further amends the rules for party registration, requiring parties to endorse candidates for elections and providing for the deregistration of parties that fail to do so (section 20). It also modifies the nomination process for candidates, including the handling of addresses not shown on the electoral roll (section 21). Finally, the Act introduces provisions to ensure the proper endorsement of candidates by political parties and modifies the scrutiny process for counting votes in House of Representatives elections (sections 22, 25, and 26).
• The Act imposes several obligations on the parties and entities it governs. The Electoral Commission must provide electoral rolls and related materials to political parties and other authorised entities, subject to certain conditions and fees (section 12). It must also notify applicants for Australian citizenship of their provisional enrolment claims and inform the Electoral Commissioner of the outcome of those applications (section 15). The Commission is also required to handle requests to keep electors' addresses off the roll and ensure that these decisions are properly communicated to the affected electors (sections 16 and 17). Political parties must endorse candidates for elections and ensure that these endorsements are properly recorded and verified (section 22). Candidates must provide their addresses for correspondence if they do not list their addresses on nomination papers (section 21). Electoral officers and other authorised persons must not use information from electoral rolls and related materials for purposes other than those permitted by the Act (section 13).
• The Act establishes several offences and penalties for breaches of its provisions. Using information from electoral rolls or related materials for unauthorised purposes is subject to a penalty of $1,000 (section 13). Encouraging persons to mark ballot papers otherwise than in accordance with the Act is subject to a penalty of imprisonment for six months (section 329A). Failure to vote without a valid and sufficient reason is subject to a penalty under the Commonwealth Electoral Act 1918 (section 245). The Act also provides for the admissibility of certain evidence in proceedings for offences under the Act, including evidence of authorship or authorisation of electoral material (section 385A).

Legal classification tags

Area of Law

Electoral Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Reporting & Disclosure Obligations

Offence Provisions