Electoral and Referendum Amendment Regulations 2000 (No. 3) 2000 No. 355
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 355
Issued by the authority of the Special Minister of State
Commonwealth Electoral Act 1918
Electoral and Referendum Amendment Regulations 2000 (No. 3)
Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Sections 91 and 91A of the Act provide, among other things, that in relation to electoral rolls and habitation indexes, the Regulations may prescribe the purposes for which the information may be disclosed and the authorities to which disclosure may be made.
The Regulations amend the Electoral and Referendum Regulations 1940 to update references to the purposes for which, and the authorities to which, information can be disclosed in accordance with Sections 91 and 91A of the Act.
Schedule 2 lists the Commonwealth Agencies and Authorities that are entitled to receive information which discloses the particulars of occupations, gender or dates of birth of electors (confidential elector information) for the purposes of subsections 91(10) and 91(11) of the Act.
The amendments to Schedule 2 relate to access to confidential elector information by the Department of Environment and Heritage (DEH) and the Department of Industry, Science and Resources (DISR). In a recent review of access, DEH advised that it no longer required access to confidential elector information. During the same review, the Electoral Commissioner did not approve DISR's justification for the supply of confidential elector information.
Schedule 3 lists the areas of Commonwealth agencies and authorities listed in Schedule 2 that will use the information supplied in electronic format and the purpose(s) for which the information will be used for the purposes of section 91A of the Act.
The amendments to Schedule 3 correct or add details of the areas of a Government agency or authority that may access the information and the purposes for which the information may be disclosed.
There were two further minor technical amendments to Regulation 8 and to the heading of Part 1 of Schedule 2 to replace the word "Departments" with the word "Agencies".
The Regulations commenced on gazettal.
Overview
The Electoral and Referendum Amendment Regulations 2000 (No. 3) were introduced to update and refine the regulatory framework governing the disclosure of confidential elector information under the Commonwealth Electoral Act 1918. This set of regulations was enacted by the authority of the Special Minister of State and was designed to address specific gaps and outdated references in the existing Electoral and Referendum Regulations 1940. The primary objective of these amendments is to ensure that the disclosure of personal information, such as occupations, gender, and dates of birth of electors, aligns with current needs and approvals, thereby maintaining the integrity and relevance of the electoral process. The regulations adjust access rights for certain government departments, reflecting their current requirements and the approval status of their information usage, thereby enhancing the precision and efficiency of the electoral administration.
Scope and Application
The Electoral and Referendum Amendment Regulations 2000 (No. 3) apply to the Commonwealth Electoral Act 1918, affecting the disclosure of confidential elector information, such as particulars of occupations, gender, or dates of birth, to specified Commonwealth agencies and authorities. These regulations are designed to update the Electoral and Referendum Regulations 1940 to reflect changes in the requirements and approvals for accessing such information. The Regulations provide the authority for certain Commonwealth agencies and authorities to receive this confidential information for specified purposes, with amendments made to reflect changes in agency needs and approvals. The Department of Environment and Heritage is no longer granted access to confidential elector information, while the Department of Industry, Science and Resources did not receive approval for its justification for such access. The Regulations also correct or add details to the areas of agencies that may access the information and the purposes for which the information may be disclosed. These amendments were made to Schedule 2 and Schedule 3 of the Electoral and Referendum Regulations 1940, with minor technical changes also included in the Regulations. The Regulations came into effect on the date of their gazettal.
Key Provisions
The Electoral and Referendum Amendment Regulations 2000 (No. 3) amends the Electoral and Referendum Regulations 1940 to update references to the purposes for which, and the authorities to which, information can be disclosed. The primary sections of this regulation (sections 91 and 91A) of the Commonwealth Electoral Act 1918 permit the disclosure of electoral information to certain authorities for specific purposes. The regulations focus on the disclosure of confidential elector information, such as occupations, gender, and dates of birth, to various government agencies and authorities.
The obligations under these regulations require that any disclosure of confidential elector information must align with the purposes specified in the Act. Furthermore, the authorities to which this information is disclosed must be listed in Schedule 2 of the amended regulations. The updated Schedule 2 reflects recent reviews and decisions by the Electoral Commissioner, ensuring that only agencies with valid requirements have access to such information. For instance, the Department of Environment and Heritage (DEH) is no longer entitled to access confidential elector information following their review, while the Department of Industry, Science and Resources (DISR) did not receive approval for their request.
Additionally, Schedule 3 of the regulations outlines the areas within government agencies and authorities that may use the disclosed information and the specific purposes for which it can be used. This ensures that the information is used appropriately and in accordance with the law. The amendments to Schedule 3 also correct or add details to ensure clarity and accuracy in the use of this information. Two minor technical amendments were made to Regulation 8 and to the heading of Part 1 of Schedule 2, replacing the term "Departments" with "Agencies" to ensure consistency and accuracy in the terminology used.
Failure to comply with the provisions of these regulations may lead to legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of electoral laws can generally result in both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could include imprisonment, depending on the severity of the breach. It is important to note that the maximum penalties are determined by the specific provisions of the Commonwealth Electoral Act 1918 and other related legislation.