Commonwealth Numbered Regulations - Explanatory Statements

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ELECTORAL AND REFERENDUM AMENDMENT REGULATIONS 2008 (NO. 1) (SLI NO 3 OF 2008)

 

 

EXPLANATORY STATEMENT

 

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

 

Electoral and Referendum Amendment Regulations 2008 (No. 1)

 

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

 

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

 

The purpose of the Regulations is to prescribe two companies as persons that may be given electoral roll information for the purposes of the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

 

The Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 amended the Electoral Act to allow the provision of electoral roll information to prescribed persons or organisations that verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988.

 

The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2007 amended the Electoral Act to allow the provision of electoral roll information to prescribed persons or organisations that provide information for the purposes of facilitating the carrying out of customer identification procedures under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

 

ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd. applied to become prescribed as persons that may be given electoral roll information under the relevant items in the Electoral Act.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations commence on the day after registration.

 

ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd. were consulted in the preparation of these Regulations.

 

Authority: Section 395 of the Commonwealth Electoral Act 1918 and section 144

of the Referendum (Machinery Provisions) Act 1984


Attachment

 

Details of the Electoral and Referendum Amendment Regulations 2008 (No. 1)

 

Regulation 1 Name of Regulations

 

This regulation provides that the title of the Regulations is the Electoral and Referendum Amendment Regulations 2008 (No. 1).

 

Regulation 2 Commencement

 

This regulation provides that the Regulations commence on the day after registration.

 

Regulation 3 Amendment of Electoral and Referendum Regulations 1940

 

This regulation provides that the Electoral and Referendum Regulations 1940 are amended as set out in Schedule 1.

 

Schedule 1 Amendments

 

Item [1] Subregulation 7 (1), table, item 2, column 3

This item substitutes a list in the table in regulation 7 (1) in which persons or organisations are specified for the purposes of item 5 in the table in subsection 90B(4) of the Electoral Act. The new item prescribes ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd. as persons that may be provided with electoral roll information under item 5 of the table in subsection 90B(4) of the Electoral Act for the purposes of the Financial Transaction Reports Act 1988. The remaining persons substituted in the list are persons that were already prescribed under that table.

 

Item [2] Subregulation 7 (1), table, item 3, column 3

This item substitutes a list in the table in regulation 7 (1) in which persons or organisations are specified for the purposes of item 7 in the table in subsection 90B(4) of the Electoral Act. The new item prescribes ACXIOM Australia Pty Limited and The Global Data Company Pty. Ltd. as persons that may be provided with roll information under item 7 of the table in subsection 90B(4) of the Electoral Act for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The remaining persons substituted in the list are persons that were already prescribed under that table.

 


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