EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 125

 

Issued by the Authority of the Special Minister of State

 

Commonwealth Electoral Act 1918

 

Referendum (Machinery Provisions) Act 1984

 

Electoral and Referendum Amendment Regulation 2005 (No. 1)

 

Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides, in part, 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.  In addition, section 144 of the Referendum (Machinery Provisions) Act 1984 provides, in part, that the Governor-General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

Part IV of the Act provides for the maintenance of electoral rolls.  The Electoral and Referendum Amendment (Access to Electoral Roll and Other Measures) Act 2004 (the Access Act) amended the provisions that relate to access to the electoral roll, in July 2004.  In particular, the Access Act included a new definition of ‘prescribed authority’ and provided for access to the electoral rolls by those authorities prescribed in the regulations.  As a consequence, the existing provisions of the Electoral and Referendum Regulations 1940 (the Principal Regulations), which support access to, and use of the roll information by authorities which are currently prescribed, do not align with the Act.

 

The purpose of the Regulations is to amend the Principal Regulations to refer to the definition of ‘prescribed authority’ as it now appears in the Act; simplify access by prescribed authorities by substituting a new Schedule 1 for existing Schedules 2 and 3 to the Principal Regulations which would specify both the prescribed authorities that can be provided with roll information and the permitted purposes for use of the information; add two new Australian Government agencies to the new Schedule 1 and the purposes for which they will use roll information to the new Schedule; remove the sunset clause that is contained in the Principal Regulations; and provide separate regulations relating to the conduct of medical research and health screening programs.

 

All prescribed authorities have been advised of the alignment of the Principal Regulations with the Act.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

 

 

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The Office of Legislative Drafting and Publishing, the Executive Council Secretariat and the Department of Finance and Administration have been consulted on this matter.  The Regulations are machinery in nature and do not substantially alter existing roll access arrangements by prescribed authorities and for medical research and health screening programs.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered.

 

 

Authority:  Section 395 of the Commonwealth Electoral Act 1918, and section 144 of the Referendum (Machinery Provisions) Act 1984.