EXPLANATORY STATEMENT

Electoral and Referendum Regulations 2026

Issued by the Authority of the Special Minister of State

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Legislative Authority

Section 395 of the Commonwealth Electoral Act 1918 (the Electoral Act) provides that the Governor-General may make regulations, not inconsistent with the Electoral Act, prescribing all matters which by that Act are required or permitted to be prescribed, or necessary or convenient to be prescribed for giving effect to the Electoral Act.

Section 144 of the Referendum (Machinery Provisions) Act 1984 (the Referendum Act) provides that the Governor-General may make regulations, not inconsistent with the Referendum Act, prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Referendum Act.

Purpose and Outline

The purpose of the Electoral and Referendum Regulations 2026 (the Regulations) is to support access to enrolment and Roll information and provide for an electronically assisted voting method to be used by sight-impaired persons and Antarctic electors.

The Regulations repeal and replace the Electoral and Referendum Regulation 2016, which sunsets on 1 April 2026.

The Regulations are substantially based on this sunsetting instrument, with updates to support the operational efficiency of the Australian Electoral Commission (AEC) and to remove redundant material. The Regulations also increase penalties for electoral offences related to electronically assisted voting, without changing eligibility for electronically assisted voting or the AEC operations. The Electoral and Referendum Regulations 2026 are a disallowable legislative instrument for the purposes of the Legislation Act 2003 and commence on 21 March 2026. Details of the Regulations are set out in Attachment A.

Consultation

The Department of Finance consulted extensively with Commonwealth entities. These stakeholders included the AEC, the Attorney‑General’s Department, and all Commonwealth entities affected by Part 2 of the Regulations.

GLOSSARY

This Explanatory Statement uses the following abbreviations and acronyms.

Abbreviation	Definition
AEC	Australian Electoral Commission
Electoral Act	Commonwealth Electoral Act 1918
Commonwealth entity	an entity that satisfies the definition in section 10 of the Public Governance, Performance and Accountability Act 2013
prescribed authority	the Agency Head of an Agency (within the meaning of the Public Service Act 1999), or the chief executive officer of an authority of the Commonwealth, that is specified in Schedule 1 to these Regulations
Privacy Act	Privacy Act 1988
Referendum Act	Referendum (Machinery Provisions) Act 1984
the Regulations	Electoral and Referendum Regulations 2026
Roll	Electoral Roll
the Sunsetting Regulation	Electoral and Referendum Regulation 2016

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Electoral and Referendum Regulations 2026

The Electoral and Referendum Regulations 2026 (the Regulations) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Regulations provide for matters relating to Roll information, enrolment, and voting in relation to elections under the Commonwealth Electoral Act 1918 (the Electoral Act) and referendums under the Referendum (Machinery Provisions) Act 1984 (the Referendum Act).

The Regulations re-make the sunsetting Electoral and Referendum Regulation 2016 (the Sunsetting Regulation).

Human rights implications

The Regulations engage the following rights under the International Covenant on Civil and Political Rights (the ICCPR):

the right to privacy under Article 17 of the ICCPR; and
the right to political participation under Article 25 of the ICCPR.
1. The Regulations also engage the right to participation in political and public life by persons with disabilities under Article 29 of the Convention on the Rights of Persons with Disabilities (the CRPD).

Right to privacy under Article 17 of the ICCPR

The right to privacy contained in Article 17 of the ICCPR includes the right of every person to be free from arbitrary or unlawful interference with their privacy. The right to privacy also includes respect for information provided, including in respect of storing, using and sharing private information, and the right to control the dissemination of personal and private information.
The term ‘unlawful’ means that no interference can take place except as authorised under domestic law. The law should be precise and not give decision-makers excessive discretion in authorising interferences with privacy.
Any interference with privacy, even if provided by domestic law, must not be arbitrary. It must be in accordance with the provisions, aims, and objectives of the ICCPR, and should be reasonable in the particular circumstances.
The Regulations limit this right as they deal with the disclosure of personal information that is recorded on the electoral Roll. In accordance with item 4 of subsection 90B(4) of the Electoral Act, the Regulations permit the AEC to give Roll information to certain Commonwealth entities on request, where the entity is to use the information for the specific purposes permitted by the Regulations.
The AEC’s disclosure of personal information contained in the Roll information will be done under law and subject to specific constraints under the Electoral Act. This includes subsections 90B(6)–(7) and (8A)–(8B) of the Electoral Act, which restrict or prohibit the AEC from sharing Roll information containing or about:

silent electors, who have their address omitted from the Roll for safety reasons (see section 104 of the Electoral Act);
an elector’s status as a designated elector (see Part XVC of the Electoral Act);
an elector’s occupation, sex or date of birth, unless otherwise permitted by the Electoral Act; or
information about the overseas service of defence personnel and AFP personnel.
1. Further, subsection 91A(2AA) of the Electoral Act will prevent the recipient entity from using the information for any purpose other than the purpose(s) prescribed by these Regulations for that authority (or for monitoring the accuracy of the Roll). The prescribed authorities’ receipt of personal information will also be subject to the requirements of the Privacy Act 1988, subject to applicable enabling legislation that may disapply or supplement these requirements.
2. All the purposes permitted by the Regulations relate to the respective statutory purposes of the prescribed authorities. This reflects that the sharing of Roll information is for aiding compliance with federal regulatory frameworks, including law enforcement. In this way, these Regulations promote the interests of national security, public order, the protection of public health and the protection of other rights and freedoms guaranteed to Australians.
3. Accordingly, the limitations to the right to privacy in these Regulations are reasonable, necessary, authorised by law, and proportionate to the legitimate end of enhancing the effectiveness and efficiency of Australia’s federal regulatory frameworks.

Right to political participation under Article 25 of the ICCPR

Article 25(a) of the ICCPR states that every citizen shall have the right and the opportunity, without unreasonable restrictions, to take part in the conduct of public affairs, directly or through freely chosen representatives. Article 25(b) of the ICCPR similarly provides for the right and opportunity of every citizen to vote and to be elected at genuine periodic elections that guarantee the free expression of the will of the electors.
The Regulations promote, rather than limit, the right to political participation. They facilitate the provision of electronically assisted voting services for sight-impaired persons and Antarctic electors, who may otherwise face barriers to attending in-person voting. This promotes these citizens’ ability to exercise their right to vote.
The Regulations also promote enfranchisement for all citizens by permitting alternative types of evidence of identity, and an alternative means of signing, in relation to enrolment applications.

Right to participate in political and public life under Article 29 of the CRPD

The right to participate in political and public life under Article 29 of the CRPD requires that countries guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others. This includes guaranteeing that persons with disabilities can effectively and fully participate in political and public life directly or through freely chosen representatives on an equal basis with others.
Under Article 29 of the CRPD, guaranteeing that persons with disabilities can effectively and fully participate in political and public life includes:

ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand;
protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, facilitating the use of assistive and new technologies where appropriate; and
guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice.
1. The Regulations promote this right by providing a more accessible means for sight‑impaired persons to vote, whilst maintaining the secrecy of their ballot and the electoral integrity of the process.
2. The Regulations do not require an elector who is sight-impaired to vote via electronically assisted vote, but rather facilitates the option being available for such an elector. The elector retains their entitlement to cast their vote via other means as provided by the Electoral Act and Referendum Act, including via physical assistance requested under sections 234 or 234A of the Electoral Act or sections 36 or 36A of the Referendum Act.

Conclusion on overall compatibility with human rights

The Regulations are compatible with human rights, because they promote or positively engage human rights and, to the extent that they may limit human rights, those limitations are reasonable, necessary, and proportionate.

ATTACHMENT A

Details of the Electoral and Referendum Regulations 2026

Part 1—Preliminary

Section 1—Name

Section 1 provides that the name of this instrument is the Electoral and Referendum Regulations 2026.

Section 2—Commencement

Subsection 2(1) provides that the whole of the Regulations commence on the day after the instrument is registered.
A Note follows subsection 2(1) to clarify that the table only refers to provisions of the instrument as originally made, and will not be amended to account for any later amendments to this instrument.
Subsection 2(2) provides that information in column 3 of the table is not part of the instrument. Information may be inserted into column 3, or information in column 3 may be edited, in any published version of the instrument.

Section 3—Authority

Section 3 specifies that the Regulations are made under the Electoral Act and the Referendum Act.

Section 4—Simplified outline of this instrument

Section 4 provides a simplified outline of the Regulations, which prescribe matters relating to Rolls, enrolment and provisional enrolment, and electronically assisted voting for sight‑impaired persons and Antarctic electors.

Section 5—Schedule 3

Section 5 provides that each instrument specified in Schedule 3 to the Regulations is amended or repealed as set out in the applicable items in Schedule 3, and any other item in Schedule 3 has effect according to its terms.

Section 6—Definitions

Section 6 provides a dictionary of definitions that are used in the Regulations. Many of these terms draw upon definitions used in the Sunsetting Regulation.
The section re-makes the following definitions from the Sunsetting Regulation with no changes: ‘Act’, ‘authorised call centre’, ‘call centre operator’, ‘medicare card’, ‘medicare number’, ‘referendum’, and ‘Referendum (Machinery Provisions) Act’.
It also provides clarified definitions of the existing terms ‘electronically assisted vote’, ‘electronically assisted voting’, ‘registered electronically assisted voter’, and ‘scrutineer’, without changing their meanings.
A Note at the beginning of this section explains that some expressions are as defined in the Electoral Act and Referendum Act. This ensures consistency in understanding and application.

Part 2—Electoral roll matters

Section 7—Simplified outline of this Part

Section 7 provides a simplified outline of Part 2 of the Regulations. It notes that Part 2 deals with matters relating to Rolls and specifies that certain persons are ‘prescribed authorities’ who may be given and use Roll information in accordance with the Electoral Act and the Regulations.
The collection and handling of personal information under Part 2 of the Regulations is subject to the applicable requirements of the Privacy Act.

Section 8—Prescribed authorities

Section 8 provides that the agencies and authorities of the Commonwealth mentioned in the column headed ‘agency or authority’ of the table in clause 1 of Schedule 1 are specified for the purposes of the definition of ‘prescribed authority’ in subsection 4(1) of the Electoral Act. This replicates section 6 of the Sunsetting Regulation.
A Note is included at the end of this section to specify that the same table also prescribes the permitted purpose(s) for which prescribed authority may use certain information, as outlined in section 11 of the Regulations.

Section 9—Arrangements with States—form of Roll

Section 84 of the Electoral Act broadly permits the preparation of Rolls jointly between the Commonwealth and each State and Territory. These Rolls may be used for State and Territory elections, as well as for Commonwealth elections and other purposes. Paragraph 84(2)(a) of the Electoral Act allows for such joint Rolls to contain persons who are not entitled to be enrolled for Commonwealth elections, but only if those persons are clearly indicated as such in the prescribed manner. This is to cater for situations where a person is eligible for enrolment for a State or Territory’s elections under that State or Territory’s laws, but is not eligible for Commonwealth elections under the Electoral Act.
Section 9 specifies that, for the purposes of paragraph 84(2)(a) of the Electoral Act, the prescribed manner of indicating that a person is not entitled to be enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll. This replicates section 7 of the Sunsetting Regulation with minor drafting clarifications.

Section 10—Authorisation of provision of information to a prescribed authority

Section 10 authorises the provision of Roll information, pursuant to item 4 of the table in subsection 90B(4) of the Electoral Act, to the Commonwealth entities listed as prescribed authorities in Schedule 1 to the Regulations. This replicates subsection 8(2) of the Sunsetting Regulation.

Section 11—Permitted purposes for use of information—prescribed authorities

Paragraph 91A(2AA)(b) of the Electoral Act enables the Regulations to prescribe additional ‘permitted purposes’ for which a prescribed authority may use Roll information given to that prescribed authority under section 90B of the Electoral Act.
Section 11 provides that the permitted purposes for which a prescribed authority may use Roll information are set out in the table in clause 1 of Schedule 1 to the Regulations. This replicates section 9 of the Sunsetting Regulation.
A Note is included at the end of this section to direct readers to section 8 of the Regulations, which specifies who is a ‘prescribed authority’.

Sections 12, 13 and 14—Permitted purposes for other persons and organisations

Paragraph 91A(2A)(c) of the Electoral Act enables the Regulations to prescribe additional ‘permitted purposes’ for which a person or organisation who is not a Parliamentarian, political party or prescribed authority may use Roll information given to that person or organisation under section 90B of the Electoral Act.
Section 12 prescribes the following as permitted purposes for a blood service funded by the Commonwealth:

contacting any blood donor, and/or any person who has received a transfusion of blood from that donor, who has tested positive for a blood-borne infection;
contacting any donor whose blood was transfused to a person who has since tested positive for a blood-borne infection; and/or
contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.
1. This section replaces ‘Australian Red Cross Blood Service’ from section 10 of the Sunsetting Regulation with ‘a blood service funded by the Commonwealth’. This provides flexibility to enable the continued operation of the Regulation in the event of future name changes to what is currently known as Australian Red Cross Lifeblood and/or any future establishment of other such blood services.
2. Section 13 provides that the inviting of persons to participate in the Australian Survey of Social Attitudes (AuSSA) is a permitted purpose for the use of Roll information by the Australian Consortium for Social and Political Research Incorporated (ACSPRI). This replicates section 10A of the Sunsetting Regulation, which was due to self-repeal at the end of 31 December 2026, to make it an ongoing measure. ACSPRI is a non-profit organisation established to support researchers to understand Australian society and help inform policy makers and governments. It is comprised of a consortium of non-profit organisations including Australian universities, government departments and agencies and community sector organisations involved in social science research.
3. The AuSSA enables ACSPRI to collect and understand Australian attitudes towards a range of social issues, how they change over time and how they compare with other societies.
4. Section 14 prescribes the following purposes as permitted purposes for a person or organisation that conducts medical research or provides a health screening program (within the meaning of item 2 of subsection 90B(4) of the Electoral Act):
the conduct of medical research in accordance with guidelines issued under section 95 of the Privacy Act; and
the provision of a population-based health screening program funded (in whole or in part) by the Commonwealth.

Part 3—Enrolment matters

Section 15—Simplified outline of this Part

Section 15 provides a simplified outline of Part 3 of the Regulations. It deals with matters relating to enrolment and provisional enrolment in line with Part VIII and section 382 of the Electoral Act.

Section 16—Additional evidence of identity requirements

Paragraph 98AA(2)(d) of the Electoral Act enables the Regulations to expand the list of acceptable kinds of evidence of identity, one of which a person must provide the AEC in support of the person’s claim for enrolment or update to enrolment mentioned in subsection 98AA(1) of the Electoral Act.
Section 16 replicates section 11A of the Sunsetting Regulation by prescribing the following kinds of evidence as additional options:

the evidence number included in a notice given to the person under section 37 of the Australian Citizenship Act 2007; and
if the person is covered by a medicare card, the person’s medicare number.

Section 17—Provisional enrolment by applicant for citizenship—prescribed electors

Section 17 prescribes the classes of electors who can attest to a provisional enrolment applicant’s evidence that the applicant is about to become an Australian citizen. It replicates section 12 of the Sunsetting Regulation.
The classes of electors mentioned in the table in clause 1 of Schedule 2 to the Regulations are prescribed for this purpose under subparagraph 99B(4)(b)(i) of the Electoral Act and subparagraph 38(4)(b)(i) of the Referendum Act.

Section 18—Enrolment-related claims or notices do not have to be signed in certain circumstances

Subsection 382(7) of the Electoral Act specifies that a person’s enrolment-related claim or notice does not need to be signed if the person is already enrolled, the person’s name is still the same as the name under which they are enrolled, and the person satisfies the requirement prescribed by the regulations.
Section 18 prescribes the requirement that the person must include their date of birth on their claim or notice, and any one of the following:

their Australian driver’s licence number;
their Australian passport number;
their medicare number; or
the evidence number included in a notice given to the person under section 37 of the Australian Citizenship Act 2007.
1. The AEC’s collection and handling of the above personal information will be subject to the Privacy Act.
2. This section replicates section 13 of the Sunsetting Regulation, and is consistent with the list of acceptable forms of evidence stipulated by subsection 98AA(2) of the Electoral Act and section 16 of the Regulations above.

Part 4—Electronically assisted voting methods

Section 19—Simplified outline of this Part

Section 19 provides a simplified outline of Part 4 of the Regulations.
Part 4 provides for electronically assisted voting methods for use by sight-impaired persons and Antarctic electors to vote in elections and referendums, including rules regarding the establishment of authorised call centres, the determination of AEC procedures for registering for and casting an electronically assisted vote, and the appointment and conduct of scrutineers at electronically assisted voting.

Section 20—Purpose of the Part

Section 20 specifies that Part 4 of the Regulations provides for electronically assisted voting methods for the purposes of Part XVB of the Electoral Act and Part IVB of the Referendum Act. The section replicates section 14 of the Sunsetting Regulation, with minor drafting clarifications.
These Parts of the Electoral Act and Referendum Act outline how regulations can provide an electronically assisted voting method for use by sight-impaired persons and Antarctic electors.

Section 21—Authorised call centres

Section 21 deals with the establishment of authorised call centres for electronically assisted voting. It substantively replicates section 15 of the Sunsetting Regulation.
The Electoral Commissioner must make arrangements for the establishment of one or more call centres for the purposes of enabling sight-impaired persons or Antarctic electors to register for electronically assisted voting or to cast an electronically assisted vote. For the avoidance of doubt, ‘call centre’ is intended to be technologically-neutral and not to prevent the Commissioner choosing non-traditional means of calling, such as online calling.
The Electoral Commissioner is empowered to approve forms and other documents that are to be used by call centre operators and other officers for the purposes of:

registering a sight-impaired person or Antarctic elector for electronically assisted voting; and
assisting such a registered voter to cast an electronically assisted vote.

Section 22—Registration

Section 22 provides that the Electoral Commissioner is to determine how a sight‑impaired person or Antarctic elector becomes registered for electronically assisted voting. It substantively replicates section 16 of the Sunsetting Regulation, with drafting clarifications.
The Electoral Commissioner must determine, in writing, the times when a sight‑impaired person or Antarctic elector can apply for registration; and the procedures for how a person’s eligibility for registration is to be assessed. These assessment criteria may require the person to be on an approved list of voters or a certified list of voters for a particular Division, and for the person to affirm that they are a sight-impaired person or an Antarctic elector, or the use of a personal identification number (PIN) or registration number.
If a sight-impaired person or Antarctic elector wants to be registered for electronically assisted voting, they must contact an authorised call centre during one of the above times and comply with the above assessment procedures.
If the person fulfils these requirements, thereby demonstrating their eligibility, the Electoral Commissioner must register the person as a registered electronically assisted voter. The Commissioner must make and keep a register of registered electronically assisted voters.

Section 23—Electoral Commissioner to make arrangements relating to electronically assisted voting

Section 23 provides that the Electoral Commissioner must make arrangements for electronically assisted voting to be available. It substantively replicates subsection 17(1) of the Sunsetting Regulation.
The Electoral Commissioner must determine, in writing, the days and times when electronically assisted voting is to be available for an election or referendum; and the procedures for how a call centre operator is to assess a person’s status as a registered electronically assisted voter.
These procedures may require the call centre operator, if not satisfied that a person is using their own name, to ask the person one or more questions about the named registered electronically assisted voter, basing such questions on information in an approved list or certified list containing the named voter.
The Commissioner may also give directions to officers in relation to requests for voting by an electronically assisted vote. ‘Officer’ is defined in subsection 4(1) of the Electoral Act and includes a ‘pre-poll voting officer’.

Section 24—Voting by electronically assisted vote

Section 24 outlines the circumstances in which a registered electronically assisted voter is, and is not, entitled to vote by an electronically assisted vote. It substantively replicates subsections 16(4), 17(2)–(3), and 18(1) of the Sunsetting Regulation, with drafting clarifications and consolidations.
A registered electronically assisted voter may vote by an electronically assisted vote at a general election, a Senate election, a by-election, or a referendum at which they are otherwise entitled to vote. These terms are defined in sections 4 and 202AA of the Electoral Act and section 3 of the Referendum Act.
Subject to the below, a person is entitled to vote by electronically assisted vote in an election and/or referendum if and only if all the following are satisfied:

the person calls an authorised call centre on a day and time when electronically assisted voting is available for the election and/or referendum; and
the person tells a call centre operator that the person wishes to vote by an electronically assisted vote in the election and/or referendum; and
a call centre operator is satisfied, in accordance with the procedures mentioned in paragraph 49 above, that the person is a registered electronically assisted voter; and
the person’s name is on an approved list of voters or a certified list of voters for the election and/or referendum.
1. Subparagraphs 24(2)(e)–(f) clarify the use of ‘election’. If the election is for a member of the House of Representatives, then the relevant approved list or certified list is that of the relevant Division. If the election is a Senate election for a State or Territory, then the relevant list is that of a Division in the relevant State or Territory. This ensures that a voter will not satisfy the requirements merely because they are enrolled somewhere in Australia, but rather must be enrolled in the Division, State, or Territory that is having the election at which the voter wants to use electronically assisted voting.
2. However, even if a person satisfies the requirements in paragraphs 54 and 55 above, the person is not entitled to vote by an electronically assisted vote in the election and/or referendum if any of the following apply:
the person is not a registered electronically assisted voter; or
the person refuses to fully answer a question that an operator asks under the AEC procedures (for example, a question under subsection 23(b) of the Regulations); or
the person has already voted in the relevant election or referendum, or they answer a question asked under subsection 25(3) of the Regulations in a way that indicates that they have already voted in the relevant election or referendum; or
the person is provisionally enrolled (see subsection 4(1B) of the Electoral Act and subsection 3(1A) of the Referendum Act); or
on the basis of any of the person’s answers to the questions asked under the AEC procedures, a call centre operator is not satisfied that the person is the voter whose name the person has used; or
the person does not otherwise comply with the procedures for assessing whether the person is a registered electronically assisted voter, or the procedures for voting by an electronically assisted vote.

Section 25—Enabling registered electronically assisted voter to vote

Section 25 outlines how registered electronically assisted voters are to be enabled to vote by an electronically assisted vote. It substantively replicates section 19 of the Sunsetting Regulation.
The Electoral Commissioner must determine, in writing, procedures for enabling a registered electronically assisted voter to vote by an electronically assisted vote. For example, the Commissioner may determine procedures that:

require a call centre operator to ensure that the voter receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Electoral Act. The procedures may also require a call centre operator to ensure that the voter is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Electoral Act; and
may permit the voter’s ballot paper (or ballot papers) to be checked to ensure that they have been marked in accordance with the voter’s instructions.
1. In determining whether a registered electronically assisted voter is entitled to vote by an electronically assisted vote, the call centre operator must ask the voter questions to ascertain whether the voter has voted before in the election(s) or referendum(s) that they are seeking to vote in (as the case may be).
2. If a call centre operator is satisfied that a registered electronically assisted voter is entitled to vote by an electronically assisted vote, the operator must assist the voter in accordance with the above procedures. The voter is permitted to tell a call centre operator how the voter wants their ballot paper (or ballot papers) to be marked. For clarity, the voter may tell this to any call centre operator who is so permitted by the AEC procedures, such as a second operator who is assisting or witnessing the first operator for integrity verification purposes.
3. If the voter does tell a call centre operator, the call centre operator, or another call centre operator permitted to do so by the AEC procedures, must do all of the following:
initial the voter’s ballot paper (or ballot papers) on the top front of each ballot paper; and
mark the voter’s ballot paper (or ballot papers) in accordance with the voter’s instructions; and
read the voter’s voting preferences back to the voter; and
put the voter’s ballot paper (or ballot papers) in an envelope marked with the name of the voter’s Division; and
place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.
1. For clarity, this section uses ‘ballot paper’ in the singular and plural. This is because a voter voting in a by-election or stand-alone referendum is completing only one ballot paper, whereas a voter will be completing two ballot papers if they are voting in a simultaneous House and Senate election (commonly referred to as a ‘federal election’). The number of ballot papers to complete is further increased if referendums are held at the same time as a federal election.

Section 26—Requirements relating to ballot-boxes

Section 26 sets out how the requirements relating to ballot-boxes under the Electoral Act and the Referendum Act are to apply at authorised call centres. This remakes and updates section 20 of the Sunsetting Regulation. Section 26 ensures that the security and handling of ballot boxes in electronically assisted voting is appropriately consistent with in-person pre-poll ordinary voting, including if the electronically assisted vote is cast on polling day.
For an election, the ballot-box requirements in Subdivision C of Division 3 of Part XVA of the Electoral Act are taken to apply to ballot-boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were pre-poll ordinary voting.
There are two exceptions to this deemed application of the ballot box requirements in the Electoral Act:

subsection 200DP(2) of the Electoral Act applies in electronically assisted voting, but not to the extent necessary to comply with paragraph 30(1)(a) of the Regulations. This carve-out is necessary because the deemed subsection 200DP(2) would otherwise prohibit an Assistant Returning Officer from exercising their power under paragraph 30(1)(a) to open each ballot-box at an authorised call centre for the purposes of sorting and forwarding ballot papers; and
section 200DR of the Electoral Act does not apply to electronically assisted voting. This carve-out is necessary because the deemed section 200DR would otherwise require a process for forwarding sealed ballot-boxes that is inconsistent with the process required by paragraph 30(1)(a) of the Regulations.
1. For electronically assisted voting at a referendum, the equivalent deeming occurs for the ballot-box requirements in Subdivision C of Division 3 of Part IVA of the Referendum Act, with equivalent carve-outs for subsection 73CP(2) and section 73CR of that Act.

Section 27—Scrutineers at authorised call centres

Section 27 outlines the appointment process for scrutineers and their role at an authorised call centre. It substantively replicates subsections 21(1)–(5) of the Sunsetting Regulation with drafting updates.
A candidate in an election for which electronically assisted voting is available may appoint one or more scrutineers in relation to an authorised call centre. For a referendum in which electronically assisted voting is available, a person mentioned in section 27 of the Referendum Act (the appointer) can appoint one or more scrutineers in relation to an authorised call centre.
A scrutineer so appointed may attend that centre to monitor the performance of the duties of call centre operators. However, each candidate or appointer (as the case requires) may have only one scrutineer in attendance at a given centre at any one time. Scrutineers appointed by the same candidate or appointor may relieve one another as required, provided that such scrutineers’ attendances at the centre do not overlap.
A scrutineer’s appointment must be made by written notice that is addressed to the Divisional Returning Officer or Australian Electoral Officer, signed by the candidate or the appointer (as the case requires), and states the scrutineer’s name and address. A scrutineer is not permitted to attend a centre for scrutineer functions until they have signed an undertaking under subsection 202A(3) of the Electoral Act or subsection 16A(3) of the Referendum Act (as the case requires) and submitted it to the Electoral Commission.

Section 28—Offences—interference and communication by scrutineers

Section 28 contains offences relating to interference or communication by a scrutineer whilst attending an authorised call centre.
A scrutineer commits an offence if they attend an authorised call centre and interfere with the performance of the duties of a call centre operator or of an Assistant Returning Officer. This offence carries a penalty of 30 penalty units.
A scrutineer commits an offence if they attend an authorised call centre and communicate with a person in the call centre where the communication is not reasonably necessary for the discharge of the scrutineer’s functions. This offence also carries a penalty of 30 penalty units.
This section remakes subsections 21(6) and (7) of the Sunsetting Regulation, but replaces ‘attempts to interfere’ with ‘interferes’. An attempt to commit an offence is addressed in section 11.1 of the Schedule to the Criminal Code Act 1995 (the Criminal Code). This section also increases the applicable penalties, for greater consistency with subsections 200DB(1) and (2) of the Electoral Act and principle 3.1.3 of the Australian Government’s A Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (2024) (the Guide to Framing Commonwealth Offences).

Section 29—Recording of names of electronically assisted voters

Section 29 deals with the recording of names of registered electronically assisted voters who make an electronically assisted vote, as required by section 202AC of the Electoral Act and section 73N of the Referendum Act. It replicates section 22 of the Sunsetting Regulation with drafting clarifications.
The Electoral Commissioner must make a record of registered electronically assisted voters who cast an electronically assisted vote. The record for each such registered electronically assisted voter must either be:

a mark beside the voter’s name on an approved list of voters or a certified list of voters; or
the voter’s name (whether or not it also states the voter’s address or date of birth);

and the Division in which the voter is enrolled to vote.

The second form of record above is for cases where a registered electronically assisted voter calls an authorised call centre that does not have a copy of the approved list of voters or certified list of voters for the voter’s enrolled Division. The record must be forwarded to the Divisional Returning Officer for the voter’s Division, and that Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters for the Division.
The AEC’s collection and handling of personal information in these records will be subject to the requirements of the Privacy Act.

Section 30—Sorting and forwarding of ballot papers

Section 30 deals with the sorting and forwarding of ballot papers for votes cast by an electronically assisted vote. It replicates section 23 of the Sunsetting Regulation with minor drafting clarifications.
As soon as reasonably possible after polling has closed for all Divisions, an Assistant Returning Officer must open each ballot-box in which a call centre operator in the authorised call centre has placed vote envelopes under paragraph 25(5)(e) of the Regulations. The Assistant Returning Officer must sort the envelopes, unopened, into bundles corresponding to Divisions.
The Assistant Returning Officer must then forward each bundle to the Divisional Returning Officer for each corresponding Division for the conduct of the scrutiny.
Only the Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer, is permitted to do the above actions. Any other person who does any of the above actions commits an offence of strict liability with a penalty of 5 penalty units.
Consistent with the Guide to Framing Commonwealth Offences, subsection 30(3) provides for an offence of strict liability in order to protect the integrity of Australia’s electoral system. Public confidence and trust in Australia’s democracy is essential. It is therefore reasonable that any mishandling of ballot boxes or ballot papers be considered a serious offence and that stringent safeguards be in place to uphold the integrity of the election count. A strict liability offence serves both as a deterrent and as an important reminder of the responsibility placed on anyone who is allowed access to ballot papers.

Section 31—Scrutiny of ballot papers

Section 31 outlines how a Divisional Returning Officer is to conduct the scrutiny of electronically assisted voting ballot papers. It replicates section 24 of the Sunsetting Regulation with minor drafting clarifications.
If the Divisional Returning Officer for a Division receives ballot papers forwarded to them by the Assistant Returning Officer under subsection 30(2) of the Regulations, the Divisional Returning Officer must conduct the scrutiny of these ballot papers.
In the case of ballot papers for an election, the scrutiny is to be conducted in accordance with the procedures set out in Part XVIII of the Electoral Act as if the electronically assisted vote were a pre-poll ordinary vote, but with no preliminary scrutiny under section 266 of the Electoral Act. Further, it is irrelevant to the deeming that the registered electronically assisted voter did not complete the ballot paper personally and that the vote can be identified as being cast by a sight-impaired person or Antarctic elector.
In the case of ballot papers for a referendum, the equivalent deeming occurs for the scrutiny procedures set out in Part VI of the Referendum Act, with the same modifications outlined above.
Only the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer, may conduct the above scrutiny of electronically assisted votes. Any other person who does any of the above actions commits an offence of strict liability with a penalty of 5 penalty units.
Subsection 31(4) provides for an offence of strict liability for the same reasons as outlined in paragraph 83 above.

Section 32—Offences related to electronically assisted voting

Section 32 contains offences relating to interference with voting and the secrecy of the ballot for electronically assisted voters. The section replicates section 25 of the Sunsetting Regulation with drafting updates and an increase to the penalty amount.
A person commits an offence if the person does either of the following without consent or request:

interferes with the voter while the voter is voting via electronically assisted vote; or
communicates with the voter about the voter’s vote while the voter is voting via electronically assisted vote.
1. A person commits an offence if the person does anything, without consent or request, in order to find out how a registered electronically assisted voter voted via electronically assisted vote. For the avoidance of doubt, the lawful conduct of scrutiny in accordance with the Electoral Act or Referendum Act is not intended to come within this offence.
2. The defence of consent in these offences, in which the voter has requested assistance and consents to the conduct, is intended to include a call centre operator who is complying with the Regulations in assisting a caller who wants to vote by electronically assisted vote. It is similarly intended to include a carer who is accompanying or assisting the voter, if upon request and with consent from the voter, like in section 200DL of the Electoral Act. A defendant in relation to the above offences bears an evidential burden as to whether they satisfy either of these exemptions, in accordance with subsection 13.3(3) of the Criminal Code. Given the potential vulnerability of voters who need to use electronically assisted voting and the importance of maintaining the sanctity of every individual’s vote, it is necessary and appropriate for the defendant to bear this evidential burden for these offences.
3. Each of these offences carry a penalty of 10 penalty units. This penalty has been increased to align with offences in sections 195 and 200K of the Electoral Act, which relate to harms similar to that being addressed in this section. This ensures that penalties for equivalent conduct are consistent across the Electoral Act and the Regulations.

Section 33—Protection of electronic voting hardware or software

Section 33 contains offences relating to the interference or destruction of hardware or software associated with electronically assisted voting. It replicates section 26 of the Sunsetting Regulation, with minor drafting clarifications and an increase to the penalty amount.
A person commits an offence if they destroy or interfere with a computer program, data file, or electronic device that is used, or is intended to be used, for or in connection with electronically assisted voting.
The penalty for this offence has been increased to 50 penalty units, being the maximum permitted by subsection 202AB(4) of the Electoral Act. This increase reflects the seriousness of the offending conduct, which can lead to disenfranchisement of electors and threaten the real or perceived integrity of an election.
This offence does not apply if the person is an officer (as defined in subsection 4(1) of the Electoral Act) acting in the course of their duties as an officer. A defendant in relation to the offence bears an evidential burden as to whether they satisfy this exemption, in accordance with subsection 13.3(3) of the Criminal Code.
Subsection 33(2) provides for a reversal of evidential proof because the conduct that section 33 proscribes could potentially pose a grave danger to public safety and to public confidence in the integrity of Australia’s electoral system. Even spurious claims in foreign jurisdictions about the integrity of electronic voting hardware and software in elections have threatened public trust in elections. It is therefore necessary and appropriate that the defendant bear this evidential burden.

Part 5—Application and transitional matters

Section 34—Applications made before commencement

Section 34 deals with applications made before commencement of these Regulations. It specifies that section 12 of, and Schedule 2 to, the Sunsetting Regulation, as in force immediately before the commencement of Part 5 of these Regulations, continues to apply in relation to an application made under subsection 99B(1) of the Electoral Act or subsection 38(1) of the Referendum Act that was not finally determined before the commencement of Part 5.

Section 35—Electronically assisted voting

Section 35 provides that Division 1 of Part 4 of the Sunsetting Regulation, as in force immediately before the commencement of Part 5 of these Regulations, applies in relation to electronically assisted voting for an election where the writs were issued before the commencement of Part 5, but whose polling day falls after the commencement of Part 5.

Section 36—Transitional arrangements—prescribed authorities and permitted purposes

Section 36 contains transitional arrangements relating to Agencies and authorities that were prescribed authorities under the table in clause 1 of Schedule 1 to the Sunsetting Regulation immediately prior to the commencement of Part 5 of these Regulations.
Subsection 36(1) specifies that the transitional rule in subsection 36(2) will only apply to Agencies or authorities that will cease to be a prescribed authority upon commencement of this Part.
Subsection 36(2) contains the transitional arrangements that will apply during the ‘transition time’ for those Agencies and authorities to which subsection 36(1) applies. It provides that those Agencies and authorities are taken to be a ‘prescribed authority’ for the purposes of subsection 4(1) of the Electoral Act. It also provides that the permitted purposes in relation to those Agencies and authorities are taken to be the permitted purposes that were specified immediately before the commencement of this Part.
Subsection 36(3) specifies that transitional rule in subsection 36(4) will only apply to Agencies or authorities whose permitted purposes for the purposes of paragraph 91A(2AA)(b) or 91A(2A)(c) of the Electoral Act were prescribed in the Sunsetting Regulation, and whose permitted purposes will be changed upon commencement of this Part.
Subsection 36(4) contains the transitional arrangements that will apply during the ‘transition time’ for those Agencies and authorities to which subsection 36(3) applies. It provides that any Roll information received prior to commencement of this Part may be used for any permitted purposes in relation to that Agency or authority for the ‘transition time’. For clarity, any Roll information received after the commencement of this Part may only be used for a permitted purpose specified in Schedule 1 to these Regulations.
Subsection 36(5) specifies that the ‘transition time’ is to be the period of 6 months beginning on the day that this Part of the Regulations commence.

Schedule 1—Prescribed authorities and permitted purposes for use of information

Clause 1—Prescribed authorities and permitted purposes for use of information

Clause 1 provides a table setting out the agencies and authorities of the Commonwealth that are specified for the definition of ‘prescribed authority’ in subsection 4(1) of the Electoral Act. The table also sets out the purposes that are prescribed as permitted purposes for the corresponding prescribed authority of a specified agency or authority.
The table sets out these details for the purposes of section 8 and 11 of these Regulations, which relate to item 4 of subsections 90B(4) and 91A(2A) of the Electoral Act. It refines and updates the purposes set out in clause 1 of Schedule 1 to the Sunsetting Regulation. The table in Clause 1 includes a number of items that are re-made from the Sunsetting Regulation with no changes to the prescribed authority or its permitted purpose(s). The only changes to the following prescribed authorities are to their respective table item numbers to account for re-ordering of the table in Clause 1.

former table item 2—Australian Bureau of Statistics (now table item 1);
former table item 3—National Anti-Corruption Commission (now table item 18);
former table item 5—Australian Competition and Consumer Commission (now table item 3);
former table item 7—Australian Federal Police (now table item 5);
former table item 8—Australian Securities and Investments Commission (now table item 7);
former table item 12—Commonwealth Superannuation Corporation (now table item 11);
former table item 17—Department administered by the Minister administering the Australian Passports Act 2005 (now table item 14);
former table item 18—Services Australia (now table item 21);
former table item 19—Department administered by the Minister administering the Australian Border Force Act 2015 (now table item 13);
former table item 22—Department administered by the Minister administering the Veterans’ Entitlements Act 1986 (now table item 16);
former table item 24—Federal Court of Australia (now table item 17); and
former table item 26—Office of the Official Secretary to the Governor-General (now table item 20).
1. Item 2 prescribes the Australian Communications and Media Authority (ACMA) and details their permitted purposes as identifying or locating offenders, suspects or witnesses; surveillance; or undertaking law enforcement, for offences relating to interference with radiocommunications or telecommunications.
2. Item 4 prescribes the Australian Criminal Intelligence Commission (formerly the Australian Crime Commission) and details their permitted purposes as the following:
collecting, correlating, analysing and disseminating criminal information and intelligence;
undertaking intelligence operations;
investigating matters relating to relevant criminal activity;
assembling or analysing evidence about offences and suspected offences;
conducting criminal and operational investigations to support authorised national security functions; or
security vetting of employees or potential employees.
1. Item 6 prescribes the Australian Financial Security Authority (AFSA) and details their permitted purposes as the following:
identifying, locating and investigating individuals and their associates in relation to obligations and the exercise of powers under the Bankruptcy Act 1966 or the Personal Property Securities Act 2009;
conducting criminal investigations in relation to the Bankruptcy Act 1966 or the Personal Property Securities Act 2009;
investigating identity fraud; or
preventing, detecting, investigating or enforcing a law imposing a civil penalty in relation to the Personal Property Securities Act 2009.
1. Item 8 prescribes the Australian Security Intelligence Organisation (ASIO) and details their permitted purposes as confirming the identity of Australian citizens to determine whether or not they are of security interest; or security vetting and security clearance activities.
2. Item 9 prescribes the Australian Taxation Office (ATO) and details their permitted purposes as the following:
identifying or locating taxpayers;
preventing, detecting or investigating taxation fraud;
administering the Foreign Acquisition and Takeovers Act 1975, the Foreign Acquisitions and Takeovers Fees Imposition Act 2015, and any instruments made under either of those Acts.
1. Item 10 prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) and details their permitted purposes as the following:
detecting, deterring or disrupting money-laundering, the financing of terrorism or other serious crimes;
retaining, compiling, analysing or disseminating AUSTRAC information (within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006);
advising or assisting reporting entities in relation to their obligations under the Anti‑Money Laundering and Counter-Terrorism Financing Act 2006 or a legislative instrument made under that Act; or
promoting, investigating or enforcing compliance by reporting entities with their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 or a legislative instrument made under that Act.
1. Item 12 prescribes the Department administered by the Minister administering the Agricultural and Veterinary Chemicals Act 1994 (currently being the Department of Agriculture, Fisheries and Forestry) and details their permitted purposes as investigating, monitoring and enforcing the following Acts:
the Biological Control Act 1984;
the Biosecurity Act 2015;
the Export Control Act 2020;
the Illegal Logging Prohibition Act 2012; and
the Imported Food Control Act 1992.
1. Item 15 prescribes the Department administered by the Minister administering the Defence Force Discipline Act 1982 (currently being the Department of Defence) and details their permitted purposes as:
identifying or locating an individual suspected fraud or another offence under any of the following:
- a law of the Commonwealth administered by the Department;
- another law of the Commonwealth, or a law of a State or Territory, that is connected with the defence of Australia or the operations or activities of the Department; or
the security vetting of:
- employees or potential employees; or
- defence members (as defined in subsection 4(1) of the Electoral Act) or potential defence members.
1. ‘Employee’ is intended to have its ordinary meaning, not necessarily just ‘APS employees’ under the meaning of that term in the Public Service Act 1999.
2. Item 19 prescribes the National Disability Insurance Agency (NDIA) and details their permitted purpose as preventing, detecting, investigating or responding to fraud and non‑compliance matters involving the National Disability Insurance Scheme in the circumstances set out in paragraph 118(1)(ba) of the National Disability Insurance Scheme Act 2013.
3. Item 22 prescribes Sport Integrity Australia and details their permitted purpose as enabling and supporting the performance of the functions of the Chief Executive Officer of Sport Integrity Australia set out in section 21 of the Sport Integrity Australia Act 2020, including administration of the National Anti-Doping Scheme (within the meaning of that Act).

Schedule 2—Prescribed electors

Clause 1—Prescribed classes of electors—applications for provisional enrolment by persons about to become Australian citizens

Clause 1 provides a table setting out the classes of electors that are prescribed for the purposes of a provisional enrolment application from a person who is about to become an Australian citizen. It replicates Schedule 2 to the Sunsetting Regulation with consolidations and updates.
The Table in clause 1 prescribes electors within the following classes:

family counsellors within the meaning of the Family Law Act 1975;
managers of a community centre or ethnic centre;
managers of a women’s refuge, or of a crisis and counselling service that provides counselling or assistance to victims of domestic violence, sexual assault or sexual abuse;
the staff of a member of the Parliament of the Commonwealth, the Parliament of a State, a Territory legislature, or a local government authority of a State or Territory;
the staff of an electoral authority of a State or Territory;
the staff of the AEC;
prison officers; and
persons before whom a statutory declaration may be made under a law of the Commonwealth, a State, or a Territory.

Schedule 3—Repeals

Per section 5 of these Regulations, the whole of the Sunsetting Regulation is repealed, as it is replaced with these Regulations.

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