Electoral and Referendum Regulations (Amendment)

Overview

The Electoral and Referendum Regulations (Amendment) 1995 No. 322 was enacted to address the transition from the Trade Practices Commission to the Australian Competition and Consumer Commission as mandated by the Competition Policy Reform Act 1995. This amendment to the Electoral and Referendum Regulations, made under the authority of the Commonwealth Electoral Act 1918, ensures that the regulatory framework remains current with the legislative changes. The regulation aligns with the policy objective of updating references to defunct entities to reflect new legislative structures, thereby maintaining the integrity and effectiveness of the electoral processes. The amendment, which updates Schedule 2 to reflect the new authority, is issued by the Assistant Treasurer for the Minister for Administrative Services and is intended to take effect immediately upon gazettal.

Scope and Application

The Electoral and Referendum Regulations (Amendment) 1995 No. 322 pertains to the Commonwealth Electoral Act 1918, which governs the conduct of elections and referendums in Australia. The amendment specifically addresses Schedule 2 of the Electoral and Referendum Regulations, which lists Commonwealth Departments and Authorities that are entitled to receive certain information about electors, including details of occupations, sex, and dates of birth. The purpose of these amendments is to update Schedule 2 to reflect legislative changes resulting from the Competition Policy Reform Act 1995, which abolished the Trade Practices Commission and established the Australian Competition and Consumer Commission in its place. The Trade Practices Commission, previously listed in Schedule 2, is replaced with the Australian Competition and Consumer Commission to ensure compliance with current law. These amendments commence upon gazette, ensuring that the updated regulations are immediately effective for the purposes of the Commonwealth Electoral Act.

Key Provisions

The Electoral and Referendum Regulations (Amendment) 1995 No. 322 introduces changes to Schedule 2 of the Electoral and Referendum Regulations under the Commonwealth Electoral Act 1918 (CEA). Specifically, section 395 of the CEA allows the Governor-General to make regulations for the purposes of the CEA, and this amendment updates the list of Commonwealth departments and authorities entitled to receive certain electoral information. The amendment concerns the Trade Practices Commission, which is listed in Part 2 of Schedule 2. The Competition Policy Reform Act 1995 (CPR Act) will abolish the Trade Practices Commission and establish the Australian Competition and Consumer Commission in its place. These regulations impose an obligation on the Commonwealth to update the list of departments and authorities entitled to receive information on electors' occupations, sex, and dates of birth. The amendment to Schedule 2 ensures that the Australian Competition and Consumer Commission is correctly identified as the entity entitled to this information, rather than the Trade Practices Commission. The change takes effect upon the proclamation of Part 3 of the CPR Act, which is concurrent with the commencement of the amendments to the Electoral and Referendum Regulations. Failure to comply with these regulations could result in legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the explanatory statement, it is implied that adherence to these regulations is necessary to ensure proper electoral processes and data handling. The CEA and related regulations are designed to maintain the integrity of electoral processes, and any breach could potentially lead to civil or criminal penalties under the broader legislative framework of the CEA. The exact penalties would depend on the nature and severity of the breach, but could include fines or other sanctions as prescribed by the Act.