Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010

Administered by Department of Finance

Legislation au C2010A00108 In force Act

Legislation content

 

 

 

 

 

 

Electoral and Referendum Amendment (How‑to‑Vote Cards and Other Measures) Act 2010

 

No. 108, 2010

 

 

 

 

 

An Act to amend the law relating to elections and referendums, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—How‑to‑vote cards

Part 1—Amendments

Commonwealth Electoral Act 1918

Part 2—Application of amendments

Schedule 2—Misleading or deceptive publication

Part 1—Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2—Application of amendments

 

 

 

Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010

No. 108, 2010

 

 

 

An Act to amend the law relating to elections and referendums, and for related purposes

[Assented to 14 July 2010]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Electoral and Referendum Amendment (How‑to‑Vote Cards and Other Measures) Act 2010.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

14 July 2010

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

23 July 2010

(see F2010L02127)

3.  Schedule 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

23 July 2010

(see F2010L02127)

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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—How‑to‑vote cards

Part 1—Amendments

Commonwealth Electoral Act 1918

1  Subsection 4(1)

Insert:

how‑to‑vote card means a card, handbill or pamphlet:

 (a) that:

 (i) is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and

 (ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or

 (b) that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or

 (c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet:

 (i) that only relates to first preference votes; or

 (ii) that only relates to last preference votes.

2  Paragraph 308(1)(e)

Omit “or 332”, substitute “or 328B”.

3  Subparagraph 314AEB(1)(a)(iii)

Omit “or 328A”, substitute “, 328A or 328B”.

4  Before paragraph 328(3)(a)

Insert:

 (aa) a how‑to‑vote card; or

5  Subsection 328(4)

Omit “paragraph (3)(a)”, substitute “paragraph (3)(aa), (a)”.

6  After section 328A

Insert:

328B  Requirements relating to how‑to‑vote cards

Authorisation details must be included on how‑to‑vote card

 (1) The following information (the authorisation details) must be included at the top or bottom of each printed face of a how‑to‑vote card:

 (a) the name and address of the person who authorised the how‑to‑vote card;

 (b) the following information (to the extent that it is not already required by paragraph (a)):

 (i) if the card is authorised by or on behalf of a registered political party, or by or on behalf of a candidate who is endorsed by a registered political party—the name of the registered political party;

 (ii) if the card is authorised by or on behalf of a candidate who is not endorsed by a registered political party—the candidate’s name, and the word “candidate”.

 (2) The font size of the authorisation details must be at least:

 (a) 10 point, if the size of the how‑to‑vote card is A6 or smaller; or

 (b) 14 point, if the size of the how‑to‑vote card is larger than A6 but smaller than A3; or

 (c) 20 point, if the size of the how‑to‑vote card is A3 or larger.

 (3) For the purpose of subsection (2), the comparison between the size of a how‑to‑vote card and a standard paper size mentioned in that subsection is to be done by comparing the area of the how‑to‑vote card with the area of the standard paper size (regardless of the shape of the how‑to‑vote card).

Offence of publishing etc. how‑to‑vote card that does not contain required authorisation details

 (4) A person (the first person) commits an offence if:

 (a) the first person:

 (i) publishes or distributes a document; or

 (ii) causes, permits or authorises another person to publish or distribute a document; and

 (b) that conduct of the first person occurs during the relevant period for an election; and

 (c) the document is a how‑to‑vote card; and

 (d) the how‑to‑vote card does not comply with the requirements of subsections (1) and (2) relating to authorisation details; and

 (e) if regulations made for the purpose of this paragraph provide that this subsection does not apply to prescribed kinds of articles—the how‑to‑vote card is not an article of any of those kinds.

Penalty: 50 penalty units.

Offence of publishing etc. how‑to‑vote card that contains false authorisation details

 (5) A person (the first person) commits an offence if:

 (a) the first person:

 (i) publishes or distributes a document; or

 (ii) causes, permits or authorises another person to publish or distribute a document; and

 (b) that conduct of the first person occurs during the relevant period for an election; and

 (c) the document is a how‑to‑vote card; and

 (d) some or all of the authorisation details on the how‑to‑vote card are false; and

 (e) if regulations made for the purpose of this paragraph provide that this subsection does not apply to prescribed kinds of article—the how‑to‑vote card is not an article of any of those kinds.

Penalty: 50 penalty units.

Definition

 (6) In this section:

address of a person means an address, including a full street address and suburb or locality, at which the person can usually be contacted during the day. It does not include a post office box.

7  Subsection 351(5)

Before “end”, insert “top, bottom or”.

8  Subsection 351(5)

Omit “or 328A”, substitute “, 328A or 328B”.


Part 2—Application of amendments

9  Application of amendments

The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this Schedule.


Schedule 2—Misleading or deceptive publication

Part 1—Amendments

Commonwealth Electoral Act 1918

1  After subsection 329(5)

Insert:

 (5A) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4).

2  Subsection 329(6)

Omit “radio or television”, substitute “radio, television, internet or telephone”.

Referendum (Machinery Provisions) Act 1984

3  After subsection 122(5)

Insert:

 (6) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4).

4  Subsection 122(7)

Omit “radio or television”, substitute “radio, television, internet or telephone”.


Part 2—Application of amendments

5  Application of amendments

The amendments made by this Schedule apply in relation to elections and referendums the writs for which are issued on or after the commencement of this Schedule.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 2 June 2010

Senate on 16 June 2010]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(119/10)

 

Overview

The Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010, enacted by the Parliament of Australia, addresses gaps in the Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984 related to the distribution and regulation of how-to-vote cards, and misleading or deceptive publications. The primary policy objective of the Act is to ensure the integrity and transparency of electoral processes by introducing stricter requirements for how-to-vote cards, including the mandatory inclusion of authorisation details and penalties for non-compliance or false information. The Act also extends the scope of misleading or deceptive publications to include internet and telephone communications, thereby modernising the legislative framework to better address contemporary electoral practices. The Act was assented to on 14 July 2010 and certain provisions commenced on 23 July 2010. The amendments apply to elections and referendums for which writs are issued on or after the commencement date of the Schedules. The Act's provisions are designed to uphold the integrity of the electoral process by ensuring that voters have access to accurate and authorised information, while also protecting the rights and freedoms of individuals within the electoral context.

Scope and Application

The Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010 amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to introduce new requirements and prohibitions concerning how-to-vote cards and misleading or deceptive publications during elections and referendums. The Act applies to all persons and entities involved in the publication or distribution of how-to-vote cards and misleading or deceptive materials during the relevant election or referendum periods. This includes candidates, political parties, and any other individuals or groups that may seek to influence voter behaviour through these means. The geographic reach of the Act is national, as it pertains to federal elections and referendums governed under Commonwealth law. The Act sets out specific requirements for how-to-vote cards, including the mandatory inclusion of authorisation details and penalties for non-compliance or providing false information. Additionally, the Act extends the scope of misleading or deceptive conduct to include publications made via the internet or telephone, alongside traditional media such as radio and television. The application of these amendments is prospective, affecting elections and referendums for which writs are issued after the commencement of the Act. The Act does not specify any exclusions, exemptions, or thresholds, meaning that all relevant entities and conduct fall under its purview. Any further detail or clarification regarding the implementation of these provisions may be provided through subordinate instruments issued under the authority of the Act.

Key Provisions

The Electoral and Referendum Amendment (How-to-Vote Cards and Other Measures) Act 2010 amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to introduce new provisions regarding how-to-vote cards and misleading or deceptive publications during elections and referendums. The Act's key sections include defining what constitutes a how-to-vote card (Section 1) and setting out requirements for authorisation details on these cards (Section 328B). It also outlines penalties for publishing or distributing how-to-vote cards that do not meet the authorisation requirements or contain false authorisation details (Sections 4 and 5). Additionally, the Act extends the scope of misleading or deceptive publications to include the internet and telephone (Sections 329(6) and 122(7)). The Act imposes several obligations on parties and entities involved in elections and referendums. It mandates that all how-to-vote cards must include specific authorisation details, such as the name and address of the person who authorised the card, the name of the registered political party if applicable, or the candidate’s name if not endorsed by a party. These details must be prominently displayed at the top or bottom of each printed face of the card, with the font size varying based on the card's size. Furthermore, the Act requires that all how-to-vote cards be published or distributed only during the relevant period for an election. Breaching the provisions of the Act can result in civil and criminal consequences. For instance, publishing or distributing a how-to-vote card that does not include the required authorisation details is an offence, punishable by a penalty of 50 penalty units. Similarly, publishing or distributing a how-to-vote card with false authorisation details is also an offence, carrying the same penalty. Additionally, the Act extends the jurisdiction of the Criminal Code to include offences related to misleading or deceptive publications via the internet or telephone, thereby allowing prosecution regardless of geographical location.

Legal classification tags

Area of Law
Electoral Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Definitions & Interpretation

Interactions

Authorises

All Versions

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.