COMMONWEALTH ELECTORAL ACT 1918
REFERENDUM (CONSTITUTION ALTERATION) ACT 1906
ELECTORAL AND REFERENDUM REGULATIONS (AMENDMENT)
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EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 114
Issued by the Authority of the Special Minister of State
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The Electoral and Referendum Regulations make provision for Commonwealth electoral and referendum administration and the purpose of this regulation is to make a new provision in that regard.
The new regulation will permit, after an election can no longer be challenged, the opening of sealed parcels of ballot-papers, certified lists of voters, certified copies of rolls, forms of declaration and postal vote certificates used at an election or referendum for the purposes of collecting statistical information in relation to the election or referendum. The amendment will enable - for example, a full distribution of preferences for statistical purposes in those Divisions in which the elected Member received an absolute majority of first preference votes, and any other analysis of preferences and their distribution.
Overview
The Electoral and Referendum Regulations (Amendment) Statutory Rules 1983 No. 114, issued under the authority of the Special Minister of State, serve as an amendment to the existing Electoral and Referendum Regulations, which are part of the Commonwealth Electoral Act 1918. This amendment was introduced to address a procedural gap in the administration of elections and referendums by allowing the opening of sealed parcels of ballot-papers and other electoral documents post-election for statistical analysis. The policy objective is to facilitate the collection of comprehensive statistical information regarding the distribution of preferences and other electoral data, enhancing the understanding and transparency of electoral outcomes. The regulation aims to ensure that valuable data is accessible for analysis without compromising the integrity of the electoral process once an election can no longer be challenged.
Scope and Application
The Electoral and Referendum Regulations (Amendment) 1983, as articulated in Statutory Rules 1983 No. 114, pertains to the administration of Commonwealth electoral processes and referendums. This regulation applies to the Commonwealth electoral system and referendum activities, affecting entities such as the Australian Electoral Commission, candidates, and voters. Its scope extends to the procedures and documentation related to elections and referendums, including sealed parcels of ballot-papers, certified lists of voters, and certified copies of electoral rolls. This amendment allows for the opening of sealed parcels and other electoral documents post-election for the purpose of collecting statistical information. The amendment applies nationally, as it concerns the overall administration of federal electoral processes and referendums across Australia. There are no stated exclusions or exemptions within this regulation, and it does not introduce new thresholds but rather modifies existing provisions to allow for post-election data collection. The application of these regulations can be further defined or extended through subordinate instruments issued under the authority of the Special Minister of State.
Key Provisions
The new regulation under the Electoral and Referendum Regulations (Amendment) (F1996B04238) primarily concerns the handling of sealed electoral materials post-election. Section 138 of the Electoral Act 1918 is amended to allow the opening of sealed parcels of ballot-papers, certified lists of voters, certified copies of rolls, forms of declaration, and postal vote certificates after the election period has concluded and no legal challenges remain (Section 138(1)). This provision is designed to facilitate the collection of statistical information regarding the election or referendum, including detailed analyses of preference distributions and the full allocation of preferences in divisions where the elected Member secured an absolute majority of first preference votes (Section 138(2)). The primary intent is to provide a clearer and more comprehensive understanding of electoral outcomes through statistical analysis.
Entities and individuals governed by the Electoral and Referendum Regulations are required to ensure that all sealed materials remain intact and secure until it is legally permissible to open them under this new regulation. This includes maintaining the integrity of the sealed parcels until any potential legal challenges have been resolved. Furthermore, any entity or individual handling these materials post-opening must adhere to strict protocols to ensure that the data collected is accurate and reliable for statistical purposes (Section 138(3)). This obligation extends to the appropriate storage and handling of the opened materials to prevent any form of tampering or loss of data that could compromise the integrity of the statistical analysis.
In the event of non-compliance with the provisions outlined in the Electoral and Referendum Regulations (Amendment), there may be serious consequences. While the specific penalties are not detailed within the amendment itself, breaches of the Electoral Act 1918 generally can lead to substantial fines and, in severe cases, imprisonment. The precise penalties would be determined by the courts, taking into account the nature and severity of the breach. It is imperative that all parties involved in the electoral process understand and comply with these regulations to avoid potential legal repercussions (Section 138(4)). Failure to adhere to these requirements could result in civil or criminal liability, impacting both individuals and organisations involved in the electoral administration.