Electoral and Referendum Amendment Regulations 2003 (No. 1) 2003 No. 188
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 188
Issued by the authority of the
Special Minister of State
Commonwealth Electoral Act 1918
Electoral and Referendum Amendment Regulations 2003 (No. 1)
Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to 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 (the Principal Regulations) to extend the sunset clause contained in subregulation 10(3), and 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.
Regulation 10 of the Principal Regulations relates to the permitted purposes for the use of confidential elector information (including electors' occupations, sex and date of birth details) by prescribed Commonwealth agencies and authorities (prescribed authorities). The intention of the sunset clause is to allow time for amendments to be researched and developed for the Act to specifically provide for electronic access to elector information by prescribed authorities. The regulations extend the sunset date from 26 July 2003 to the end of 24 June 2005.
Schedule 2 of the Principal Regulations lists prescribed authorities that are entitled to receive confidential elector information for the purposes of subsections 91(10) and 91(11) of the Act (prescribed authorities).
The regulations amend Schedule 2 to correct the names of three prescribed authorities and add a new authority.
Schedule 3 of the Principal Regulations lists the areas of prescribed authorities that use confidential elector information supplied in electronic format, and the purpose(s) for which the information will be used for the purposes of section 91A of the Electoral Act.
The regulations amend Schedule 3 to correct the names of three prescribed authorities, add a new authority, change the name of an area of a prescribed authority to reflect a restructure, and delete an area and a purpose of a prescribed authority that no longer require access to, and use of, confidential elector information.
The Regulations commenced on gazettal.
Overview
The Electoral and Referendum Amendment Regulations 2003 (No. 1), enacted by the Special Minister of State, were introduced to amend the Electoral and Referendum Regulations 1940 under the Commonwealth Electoral Act 1918. This regulatory amendment was designed to address the need for updating the framework governing the disclosure of confidential elector information to prescribed authorities and agencies. By extending the sunset clause from 26 July 2003 to 24 June 2005, the Regulations provided additional time for the development of legislative amendments specifically targeting electronic access to electoral information. Additionally, the Regulations updated references to prescribed authorities and their respective purposes and areas for using elector information, ensuring alignment with current administrative structures and needs.
Scope and Application
The Electoral and Referendum Amendment Regulations 2003 (No. 1) amends the Electoral and Referendum Regulations 1940 to update and extend provisions concerning the use of confidential elector information by prescribed authorities, as authorised by the Commonwealth Electoral Act 1918. These regulations apply to prescribed authorities, which are listed in Schedule 2, and govern the purposes for which confidential elector information can be used, as outlined in Schedule 3. The amendment extends the sunset clause, allowing further research and development for specific provisions regarding electronic access to elector information by prescribed authorities, and corrects and updates the names and purposes of authorities listed in Schedules 2 and 3. This amendment applies nationally and the regulations came into effect upon gazettal. The changes are confined to the administrative aspects of the electoral process, without altering the substantive provisions of the Electoral Act.
Key Provisions
The Electoral and Referendum Amendment Regulations 2003 (No. 1) primarily amend the Electoral and Referendum Regulations 1940 to update and extend the use of confidential elector information by prescribed authorities. Section 395 of the Commonwealth Electoral Act 1918 authorises the Governor-General to make regulations that are not inconsistent with the Act. The Regulations extend the sunset clause from 26 July 2003 to the end of 24 June 2005, allowing more time for necessary amendments regarding electronic access to elector information.
The Regulations impose specific obligations on prescribed authorities listed in Schedule 2, such as the Australian Bureau of Statistics, which are entitled to receive confidential elector information for authorised purposes. These authorities must ensure that the information is used strictly for the purposes specified in the Regulations and comply with all provisions concerning data protection and privacy. Schedule 2 has been updated to correct the names of existing authorities and to add a new authority, ensuring that the list remains current and accurate.
Sections 91 and 91A of the Act outline the permissible uses of confidential elector information, and the Regulations specify the authorities that can access this information. Schedule 3 lists the areas of prescribed authorities and the purposes for which confidential elector information can be used, ensuring that these purposes align with the objectives of the Act. The Regulations amend Schedule 3 to correct and update the names of authorities and their areas, add a new authority, and remove outdated entries.
Failure to comply with the Regulations can result in legal consequences. While specific offences are not detailed in the explanatory statement, breaches of the Commonwealth Electoral Act 1918 can lead to penalties under the Act. These penalties may include fines and other sanctions as prescribed by the Act. The precise penalties depend on the nature and severity of the breach, but they are intended to enforce compliance with electoral laws and protect the integrity of the electoral process.