Commonwealth Numbered Regulations - Explanatory Statements

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ELECTORAL AND REFERENDUM AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 188

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

Sections 91 and 91A of the Act provide, among other things, that in relation to electoral rolls and habitation indexes, the Regulations may prescribe the purposes for which the information may be disclosed and the authorities to which disclosure may be made.

The regulations amend the Electoral and Referendum Regulations 1940 (the Principal Regulations) to extend the sunset clause contained in subregulation 10(3), and update references to the purposes for which, and the authorities to which, information can be disclosed, in accordance with Sections 91 and 91A of the Act.

Regulation 10 of the Principal Regulations relates to the permitted purposes for the use of confidential elector information (including electors' occupations, sex and date of birth details) by prescribed Commonwealth agencies and authorities (prescribed authorities). The intention of the sunset clause is to allow time for amendments to be researched and developed for the Act to specifically provide for electronic access to elector information by prescribed authorities. The regulations extend the sunset date from 26 July 2003 to the end of 24 June 2005.

Schedule 2 of the Principal Regulations lists prescribed authorities that are entitled to receive confidential elector information for the purposes of subsections 91(10) and 91(11) of the Act (prescribed authorities).

The regulations amend Schedule 2 to correct the names of three prescribed authorities and add a new authority.

Schedule 3 of the Principal Regulations lists the areas of prescribed authorities that use confidential elector information supplied in electronic format, and the purpose(s) for which the information will be used for the purposes of section 91A of the Electoral Act.

The regulations amend Schedule 3 to correct the names of three prescribed authorities, add a new authority, change the name of an area of a prescribed authority to reflect a restructure, and delete an area and a purpose of a prescribed authority that no longer require access to, and use of, confidential elector information.

The Regulations commenced on gazettal.