Electoral and Referendum Amendment Regulations 2007 (No. 2)

Overview

The Electoral and Referendum Amendment Regulations 2007 (No. 2) were introduced to amend the Electoral and Referendum Regulations 1940 under the authority of section 395 of the Commonwealth Electoral Act 1918 and section 144 of the Referendum (Machinery Provisions) Act 1984. This legislative instrument was enacted by the Governor-General in Council to address the gap in the electoral roll information disclosure mechanisms for the purposes of financial transaction reporting and anti-money laundering and counter-terrorism financing. The Regulations aim to provide electoral roll information to specific entities for identity verification and customer identification purposes under the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The policy objective behind these Regulations is to enhance the integrity of the electoral roll by facilitating its use in verifying identities and complying with financial regulations, thus supporting broader anti-corruption and financial crime prevention efforts.

Scope and Application

The Electoral and Referendum Amendment Regulations 2007 (No. 2) prescribes specific persons who are authorised to access electoral roll information for the purposes of the Financial Transaction Reports Act 1988 and/or the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. This regulation applies to the Commonwealth and is made under the authority of section 395 of the Commonwealth Electoral Act 1918 and section 144 of the Referendum (Machinery Provisions) Act 1984. The regulation identifies three entities—Experian Asia Pacific Pty Ltd, Perceptive Communications Pty Ltd, and Veda Advantage Information Services and Solutions Ltd—that are permitted to receive electoral roll information to assist in verifying the identity of individuals for financial transaction and anti-money laundering purposes. These entities must use the information solely for the purposes specified in the regulations. The Regulations commence on the day after registration and were developed with consultation from the specified entities.

Key Provisions

The main operative sections of the Electoral and Referendum Amendment Regulations 2007 (No. 2) (the Regulations) pertain to the amendment of the Electoral and Referendum Regulations 1940, specifically under Regulation 3. Regulation 3 amends the existing regulations to cater for the provision of electoral roll information to specified entities for particular purposes. Regulation 7, which is substituted under this amendment, includes a new table (Regulation 7(1)) that identifies three entities: Experian Asia Pacific Pty Ltd, Perceptive Communications Pty Ltd, and Veda Advantage Information Information Services and Solutions Ltd. These entities are prescribed for the purposes of obtaining roll information under specific items of the Electoral Act, namely items 5, 6, and 7. The Regulations also include a consequential change in Regulation 7(2) to reflect the new table. The Regulations impose certain obligations and requirements on the parties involved. Primarily, these obligations are directed towards ensuring that electoral roll information is only provided to the prescribed entities for the specified purposes outlined in the Electoral Act. The three entities mentioned are explicitly allowed to access electoral roll information to verify identities for financial transaction reporting or anti-money laundering and counter-terrorism financing purposes. This requirement aligns with the broader legislative framework that seeks to enhance electoral integrity and support compliance with financial regulations. Failure to comply with the provisions of the Regulations can lead to various consequences. Although the Regulations themselves do not specify penalties, breaches of the underlying Acts—namely the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984—could result in both civil and criminal penalties. For instance, unauthorised disclosure of electoral roll information could be considered a breach of electoral law, potentially leading to fines or imprisonment, depending on the severity and intent of the breach. Additionally, entities that misuse the provided information for purposes other than those permitted by law could face penalties under the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. These Acts provide for substantial fines and imprisonment terms for non-compliance. Overall, the Regulations serve to clarify and extend the mechanisms by which electoral information can be shared with specified entities to support critical financial compliance and anti-fraud measures. The prescribed entities must adhere strictly to the purposes for which the information is provided, ensuring that their use of this data aligns with the legislative intent to safeguard electoral integrity and support broader financial regulations.