Overview

The Electoral and Referendum Amendment (Access to Electoral Roll and Other Measures) Act 2004 (the Access Act) introduced amendments to the Commonwealth Electoral Act 1918, particularly in relation to the access to electoral rolls by prescribed authorities. In response to these legislative changes, the Electoral and Referendum Amendment Regulation 2005 (No. 1) was enacted to update the existing Electoral and Referendum Regulations 1940. This regulation aims to align the regulations with the new definition of ‘prescribed authority’ introduced by the Access Act, simplify the process of accessing roll information, add two new Australian government agencies to the list of prescribed authorities, and remove a sunset clause from the existing regulations. The regulation also establishes separate provisions for the conduct of medical research and health screening programs, ensuring they comply with the updated legislative framework. The enacting body for these regulations is the Governor-General, under the authority granted by section 395 of the Commonwealth Electoral Act 1918 and section 144 of the Referendum (Machinery Provisions) Act 1984, to create regulations necessary for carrying out and giving effect to the Acts.

Scope and Application

The Electoral and Referendum Amendment Regulation 2005 (No. 1) applies to the maintenance of electoral rolls as per the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. These regulations were made to ensure the existing provisions of the Electoral and Referendum Regulations 1940 align with the changes introduced by the Electoral and Referendum Amendment (Access to Electoral Roll and Other Measures) Act 2004, which amended access to the electoral roll provisions in July 2004. Specifically, the regulations update the definition of 'prescribed authority' and outline the authorities permitted to access electoral roll information, including two new Australian Government agencies. The regulations also simplify the access process by replacing existing schedules with a new Schedule 1, which lists the prescribed authorities and the purposes for which they can use the electoral roll information. Additionally, the new regulations remove a sunset clause previously contained in the Principal Regulations and provide separate provisions for medical research and health screening programs. The regulations are designed to ensure compliance with the Act and do not substantially alter existing arrangements for roll access.

Key Provisions

The Electoral and Referendum Amendment Regulation 2005 (No. 1) amends the existing Electoral and Referendum Regulations 1940 to bring them into alignment with the updated provisions of the Commonwealth Electoral Act 1918, as amended by the Electoral and Referendum Amendment (Access to Electoral Roll and Other Measures) Act 2004. Section 395 of the Commonwealth Electoral Act 1918 allows the Governor-General to make regulations that are necessary or convenient for giving effect to the Act, and these Regulations are made under this authority. Similarly, section 144 of the Referendum (Machinery Provisions) Act 1984 permits the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act. The key operative sections of these Regulations are those that align the Principal Regulations with the Act by referring to the updated definition of 'prescribed authority', simplifying access to the electoral rolls, adding new authorities, and removing the sunset clause. The Regulations also provide separate provisions for medical research and health screening programs. The Regulations impose obligations on the authorities that access the electoral rolls, ensuring that they do so in accordance with the specified purposes and conditions outlined in the Regulations. These authorities are now referred to as 'prescribed authorities' under the updated definition in the Act. The Regulations require these authorities to use the roll information solely for the purposes permitted by the Regulations and to protect the confidentiality and security of the information. The authorities must also ensure that any third parties they share the information with are subject to similar obligations. The Regulations require these authorities to report any breaches or unauthorised access to the relevant electoral commission. Failure to comply with the Regulations may result in civil or criminal penalties. Section 396 of the Commonwealth Electoral Act 1918 provides that a person who contravenes any provision of the Act or the regulations made under the Act is liable to a penalty not exceeding 50 penalty units, or in the case of a corporation, not exceeding 250 penalty units. A penalty unit is currently equivalent to $222. Additionally, section 145 of the Referendum (Machinery Provisions) Act 1984 provides for similar penalties for contraventions of the Act or the regulations made under the Act. The Regulations also provide for the imposition of fines and other penalties for misuse of electoral information, which can result in significant financial penalties and potential criminal charges.