Electoral and Referendum Regulations (Amendment) 1997 No. 411
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 411
Issued by the authority of the Special Minister of State
Commonwealth Electoral Act 1918
Electoral and Referendum Regulations (Amendment)
Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
The amendments are to Regulation 7 and Part 2 of Schedule 2 of the Electoral and Referendum Regulations in force under the Act and the Referendum (Machinery Provisions) Act 1984.
The purpose of the proposed amendments is to add the names of three Commonwealth government agencies to the list of prescribed authorities in Schedule 2 and to provide a more distinct link to the Schedule of such prescribed authorities.
Regulation 7 provides that the Australian Electoral Commission (AEC) may supply the a microfiche of the roll, or information containing the particulars of electors' gender, occupation and dates of birth to prescribed authorities authorised for the purpose of subsection 91(10) of the Act. Prescribed authorities are defined in subsection 91(10) of the Act as the Secretary of a Department or the chief executive officer of an authority of the Commonwealth that is specified in the regulations. However, currently Regulation 7 refers only to " prescribed authorities under subsection 91(10) of the Act and makes no reference to Schedule 2 of the Electoral and Referendum Regulations. The amendment will provide the appropriate link to Schedule 2.
Schedule 2 sets out the Commonwealth Departments and Authorities, that are entitled, under subsections 91 (10) and (11) of the Act and Regulations 7, 8 and 9, to receive information set out in subsection 91(9) of the Act, that is, information which discloses the particulars of occupations, gender or dates of birth of electors.
The names of three organisations, Centrelink, Director of Public Prosecutions and Environment Australia, should be added to Part 2 of Schedule 2. The AEC is satisfied that access to particulars of the occupations, gender or dates of birth of electors has been justified by these organisations under Information Privacy Principle 11 of the Privacy Act 1988.
The proposed amendments to Schedule 2 will commence on gazettal.
Overview
The Electoral and Referendum Regulations (Amendment) 1997 No. 411 was enacted to address a gap in the existing regulations concerning the provision of certain electoral information to prescribed authorities. This amendment was issued under the authority of the Special Minister of State in accordance with Section 395 of the Commonwealth Electoral Act 1918, which empowers the Governor-General to make regulations for the purposes of the Act. The primary objective of these amendments is to enhance the clarity and functionality of the existing regulatory framework by adding the names of three Commonwealth government agencies—Centrelink, Director of Public Prosecutions, and Environment Australia—to the list of prescribed authorities in Schedule 2 of the Electoral and Referendum Regulations. These amendments also aim to create a more distinct link between Regulation 7 and Schedule 2, ensuring that the specified authorities are appropriately authorised to receive sensitive electoral data as permitted under the Act.
Scope and Application
The Electoral and Referendum Regulations (Amendment) 1997 No. 411 amends the Electoral and Referendum Regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. The amendments specifically target Regulation 7 and Part 2 of Schedule 2, aiming to incorporate the names of three Commonwealth government agencies—Centrelink, Director of Public Prosecutions, and Environment Australia—into the list of prescribed authorities. These prescribed authorities are defined in the Act as the Secretary of a Department or the chief executive officer of an authority of the Commonwealth that is specified in the regulations. The changes ensure a more distinct linkage between Regulation 7 and Schedule 2, thereby clarifying the entities authorised to receive certain electoral information such as occupations, gender, and dates of birth of electors. The amendments have been justified by the Australian Electoral Commission under Information Privacy Principle 11 of the Privacy Act 1988, and they will take effect upon gazette.
Key Provisions
The Electoral and Referendum Regulations (Amendment) 1997 No. 411 amends two key sections of the Electoral and Referendum Regulations under the Commonwealth Electoral Act 1918 (the Act) and the Referendum (Machinery Provisions) Act 1984. Regulation 7, which allows the Australian Electoral Commission (AEC) to supply microfiche of the electoral roll or specific elector information to prescribed authorities, will now make explicit reference to the prescribed authorities listed in Schedule 2 (section 2). This amendment ensures that the regulation directly links to the Schedule, clarifying the authorities that can receive such sensitive information. Additionally, Part 2 of Schedule 2 will be amended to include the names of three new Commonwealth government agencies: Centrelink, Director of Public Prosecutions, and Environment Australia (section 3). These organisations have been added because they have demonstrated a legitimate need for elector information under the Privacy Act 1988.
The amendments impose specific obligations on the AEC to ensure that it only provides sensitive elector information to authorities listed in Schedule 2. The AEC must verify that these agencies have a justified need for such data, aligning with the Information Privacy Principle 11 of the Privacy Act 1988. By adding Centrelink, Director of Public Prosecutions, and Environment Australia to the Schedule, the Act formalises their entitlement to receive information regarding electors' occupations, gender, and dates of birth. These obligations ensure that the distribution of sensitive electoral data is tightly controlled and limited to those with a legitimate need, enhancing data privacy and protection.
The amendments also introduce potential consequences for non-compliance with the Act. While specific offences and penalties are not detailed in the Explanatory Statement, breaches of the Electoral and Referendum Regulations could lead to legal repercussions under the Commonwealth Electoral Act 1918. The Act generally provides for fines and penalties for non-compliance, which could include substantial financial penalties or other legal actions. The precise consequences would depend on the nature and severity of the breach, but they underscore the importance of adhering to the regulations governing the distribution of elector information.