Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Repeal Regulations 2020

Administered by Department of Finance

Legislation au F2020L00916 Regulations Not in force Legislative Instrument

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 EXPLANATORY STATEMENT

Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020

Issued by Authority of the Minister for Finance

Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Act 2010

Legislative Authority

Item 189 of Schedule 2 to the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (the 2010 Act) provides that the Governor-General may make regulations of a transitional, application or saving nature in relation to the amendments and repeals made by Schedule 2 to the 2010 Act.

Subsection 33(3) of the Acts Interpretation Act 1901, which provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power to repeal that instrument, provides authority for the Governor-General to repeal regulations made under the 2010 Act.

Background

The purpose of the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020 (the Regulations) is to repeal the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010 (the 2010 Regulations).

The 2010 Act implemented the Government response to a number of recommendations made in the Joint Standing Committee on Electoral Matters (JSCEM) report into the conduct of the 2007 federal election. The 2010 Regulations, made under item 189 of Schedule 2 to the 2010 Act, allowed for transitional and application provisions to be made, ensuring decisions underway before the amendments to the Commonwealth Electoral Act 1918 (the Electoral Act) commenced were continued under the amended Electoral Act.

Purpose and operation

The 2010 Regulations are due to sunset on 1 October 2020. All relevant decisions have been made and notifications put in place. As a result, the 2010 Regulations are no longer required and can be repealed.

Details of the proposed Regulation are set out in the Attachment.

Consultation

Consultation was undertaken for the repeal of the 2010 Regulations between the Minister for Finance and the Australian Electoral Commission. This consultation resulted in agreement that the 2010 Regulations should be repealed, rather than allowing them to sunset on 1 October 2020, in accordance with best practice. 


 

Statement of compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Electoral and Referendum Amendment (ASADA) Regulations 2017

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the disallowable Legislative Instrument

Item 189 of Schedule 2 to the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (the 2010 Act) provides that the Governor-General may make regulations of a transitional, application or saving nature in relation to the amendments and repeals made by Schedule 2 to the 2010 Act.

Subsection 33(3) of the Acts Interpretation Act 1901 provides authority for the Governor-General to repeal regulations made under the 2010 Act.

This Regulation repeals the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010 (the 2010 Regulations), which were made under item 189 of Schedule 2 to the 2010 Act.

Human rights implications

This Regulation does not engage any of the applicable rights or freedoms.

Conclusion

This Regulation is compatible with human rights as it does not raise any human rights issues.


ATTACHMENT

 

Details of the proposed Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Repeal Regulations 2020

 

Section 1 - Name of Regulation

 

This section provides that the title of the Regulation is the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Repeal Regulations 2020.

 

Section 2 - Commencement

 

This section provides for the Regulation to commence the day after registration on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Repeal Regulations 2020  is made under item 189 of Schedule 2 to the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Act 2010.

 

Section 4 - Schedule

 

This section provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

Clause 1 of Schedule 1 repeals the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Regulations 2010. 

 

Overview

The Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020, issued under the authority of the Minister for Finance, repeals the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010. This repeal follows the implementation of the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Act 2010, which was enacted in response to recommendations from the Joint Standing Committee on Electoral Matters regarding the conduct of the 2007 federal election. The 2010 Regulations were designed to facilitate the transition and application of certain decisions before the amendments to the Commonwealth Electoral Act 1918 took effect. As all relevant decisions have been made and notifications established, the 2010 Regulations are no longer necessary and are thus repealed to adhere to best practice. The repeal was agreed upon through consultation between the Minister for Finance and the Australian Electoral Commission.

Scope and Application

The Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020 applies to the repeal of the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010, which were created under the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010. These regulations were designed to implement amendments and repeals to the Commonwealth Electoral Act 1918, particularly in relation to pre-poll voting and other measures, following recommendations from the Joint Standing Committee on Electoral Matters report on the 2007 federal election. The repeal regulation is applicable nationally across Australia as it pertains to federal electoral laws. The repeal is effective from the day after registration on the Federal Register of Legislation, ensuring that the outdated regulations do not remain in force beyond their intended lifespan. There are no exclusions, exemptions, or thresholds specified in the repeal regulation; it simply removes the 2010 regulations from the legislative framework. The power to make these regulations is derived from item 189 of Schedule 2 of the 2010 Act, and the authority to repeal these regulations is supported by subsection 33(3) of the Acts Interpretation Act 1901.

Key Provisions

The main operative sections of the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020 (Section 2) require that the Regulations commence the day after registration on the Federal Register of Legislation. Section 4 outlines that the Regulations will repeal the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010, and any other specified instruments will be amended or repealed as set out in the Schedule. Section 3 establishes the authority under which these Regulations are made, specifically under item 189 of Schedule 2 to the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Act 2010. The Regulations impose obligations on the Australian Electoral Commission and other relevant entities to ensure that the repeal of the 2010 Regulations is carried out effectively and in accordance with the terms specified. The Australian Electoral Commission must ensure that all transitional provisions and decisions that were ongoing under the 2010 Regulations are completed and transitioned to the amended Electoral Act. This includes ensuring that notifications, applications, and decisions made under the 2010 Regulations are finalised before the repeal takes effect. Breaching the provisions of these Regulations could result in legal consequences. However, the specific Offences, penalties, or civil/criminal consequences are not explicitly detailed in the Explanatory Statement. Generally, non-compliance with regulations made under the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Act 2010 could lead to penalties as prescribed by the relevant electoral laws, which might include fines or other administrative penalties. It is essential for the Australian Electoral Commission and other relevant parties to adhere to the transitional and application provisions to avoid any potential legal repercussions.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions

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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.