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COMMONWEALTH ELECTORAL ACT 1918 - SECT 91A

Use of information from Roll and habitation index

  (1)   If information is given to a person or organisation under section   90B, a person must not use the information except for a purpose that is a permitted purpose in relation to the person or organisation the information is given to.

Penalty:   100 penalty units.

  (1A)   The permitted purposes in relation to a Senator or member of the House of Representatives are:

  (a)   any purpose in connection with an election or referendum; and

  (aa)   research regarding election and ballot matters; and

  (b)   monitoring the accuracy of information contained in a Roll; and

  (c)   the performance by the Senator or member of his or her functions as a Senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.

  (2)   The permitted purposes in relation to a political party are:

  (a)   any purpose in connection with an election or referendum; and

  (aa)   research regarding election and ballot matters; and

  (b)   monitoring the accuracy of information contained in a Roll; and

  (c)   the performance by a senator or member of the House of Representatives who is a member of the party of his or her functions as a senator or member in relation to a person or persons enrolled for the Division, State or Territory to which the tape or disk relates.

  (2AA)   The permitted purposes in relation to a prescribed authority are:

  (a)   monitoring the accuracy of information contained on a Roll; and

  (b)   any other purpose that is prescribed for the prescribed authority.

  (2A)   The permitted purposes in relation to a person or organisation other than a Senator, member of the House of Representatives, political party or prescribed authority are:

  (a)   any purpose in connection with an election or referendum; and

  (b)   monitoring the accuracy of information contained in a Roll; and

  (c)   any other purpose that is prescribed.

  (2B)   For information provided under item   16 of the table in subsection   90B(1), the only permitted purposes in relation to an electoral authority of a State or Territory are:

  (a)   any purpose in connection with an election or referendum; and

  (b)   monitoring the accuracy of information contained in a Roll; and

  (c)   any other purpose that is prescribed by the regulations for the purposes of this paragraph.

  (2C)   For information provided under item   5 of the table in subsection   90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 .

  (2D)   For information provided under item   6 of the table in subsection   90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to carry out an applicable customer identification procedure under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 .

  (2E)   For information provided under item   7 of the table in subsection   90B(4), the only permitted purpose in relation to a prescribed person or organisation is facilitating the carrying out of an applicable customer identification procedure under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 .

  (3)   In this section:

"applicable customer identification procedure" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 .

"election" means:

  (a)   a Senate election;

  (b)   a House of Representatives election;

  (c)   a State election;

  (d)   a Territory election; or

  (e)   a local government election.

"referendum" means a referendum conducted under a law of the Commonwealth or of a State or Territory.


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