Electoral and Referendum Amendment Regulations 2008 (No. 1)

Overview

The Electoral and Referendum Amendment Regulations 2008 (No. 1) were enacted to address the need for specific entities to access electoral roll information for the purposes of compliance with financial transaction reporting and anti-money laundering and counter-terrorism financing laws. These regulations were introduced under the authority of section 395 of the Commonwealth Electoral Act 1918 and section 144 of the Referendum (Machinery Provisions) Act 1984 by the Australian Parliament. The primary objective of these regulations is to prescribe two companies, ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd., as entities authorised to receive electoral roll information to facilitate identity verification and customer due diligence processes as required by the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. This legislative measure aims to enhance the integrity of electoral processes while simultaneously supporting broader financial regulatory compliance frameworks.

Scope and Application

The Electoral and Referendum Amendment Regulations 2008 (No. 1) apply to the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 and the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2007. These Regulations specify ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd. as entities authorised to receive electoral roll information. This information is intended for use in verifying identities for financial transaction reporting and facilitating customer identification procedures under the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The Regulations operate within the Commonwealth jurisdiction, extending their application nationally across Australia. The scope of the Regulations is limited to the specific entities mentioned and the purposes outlined, with no broader exclusions or exemptions stated. The authority for these Regulations is derived from section 395 of the Commonwealth Electoral Act 1918 and section 144 of the Referendum (Machinery Provisions) Act 1984.

Key Provisions

The Electoral and Referendum Amendment Regulations 2008 (No. 1) establish specific provisions regarding the provision of electoral roll information to certain entities for particular purposes, primarily under the authority of the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. Regulation 3 amends the Electoral and Referendum Regulations 1940 by specifying ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd. as entities authorised to receive electoral roll information for the purposes of the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. These amendments are detailed in Schedule 1, specifically under items [1] and [2] of subregulation 7 (1), where the lists in the table are updated to include these two companies, replacing previously prescribed entities. These regulations impose certain obligations on the entities named, ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd., by granting them the authority to access electoral roll information. This access is restricted to specific purposes, namely identity verification under the Financial Transaction Reports Act 1988 and facilitating customer identification procedures under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The entities must comply with all relevant legislative requirements and utilise the provided information solely for the prescribed purposes. Furthermore, they are expected to implement and maintain appropriate security measures to protect the confidentiality and integrity of the electoral data they handle. Breaches of the regulations can lead to various civil and criminal consequences. While the specific penalties are not detailed within the explanatory statement, it is important to note that unauthorised use or disclosure of electoral roll information can be considered serious offences under Australian law. The potential penalties for such breaches could include fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and extent of the breach, as well as the specific provisions of the Commonwealth Electoral Act 1918 and any related legislation. The entities involved must ensure strict compliance with the regulations to avoid these adverse consequences.