{"id":"F2021L00961","name":"Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021","slug":"commonwealth-electoral-authorisation-of-voter-communication-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440920,"registerId":"F2021L00961-fast-fetch-1775956372810","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCommonwealth Electoral (Authorisation of Voter Communication) Determination 2021\n\nI, Tom Rogers, Electoral Commissioner, make the following determination.\n\nDated 30 June 2021\n\nTom Rogers\n\nElectoral Commissioner\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Electoral and referendum matter exceptions\n\n6 Purpose of this Part\n\n7 Electoral matter exceptions\n\n8 Referendum matter exceptions\n\nPart 3—Requirements for notifying particulars\n\nDivision 1—Purpose of this Part\n\n9 Purpose of this Part\n\nDivision 2—Requirements relating to notifying particulars for the purposes of the Electoral Act and Referendum (Machinery Provisions) Act\n\n10 Purpose of this Division\n\n11 Requirements relating to notifying particulars for printed communications\n\n12 Requirements relating to notifying particulars for communications other than printed communications\n\nDivision 3—Requirements relating to notifying particulars for the purposes of certain Broadcasting Acts\n\n13 Purpose of this Division\n\n14 Requirements relating to notifying particulars for communications broadcast by radio\n\n15 Requirements relating to notifying particulars for communications broadcast by television\n\nSchedule 1—Repeals\n\nCommonwealth Electoral (Authorisation of Voter Communication) Determination 2018\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 7 July 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 321D(7) of the Commonwealth Electoral Act 1918.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Electoral Act, including electoral matter.\n\n  In this instrument:\n\nElectoral Act means the Commonwealth Electoral Act 1918.\n\njournal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.\n\nnotifying entity:\n\n (a) in relation to electoral matter that is communicated to a person—has the meaning given by section 321D of the Electoral Act; and\n\n (b) in relation to referendum matter that is communicated to a person—has the meaning given by section 110C of the Referendum (Machinery Provisions) Act.\n\nReferendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\nreferendum matter has the same meaning as in the Referendum (Machinery Provisions) Act.\n\nsocial media service means an electronic service that satisfies the following conditions:\n\n (a) the sole or primary purpose of the service is to enable online social interaction between 2 or more end‑users;\n\n (b) the service allows end‑users to link to, or interact with, some or all of the other end‑users;\n\n (c) the service allows end‑users to post material on the service.\n\nPart 2—Electoral and referendum matter exceptions\n\n \n\n6  Purpose of this Part\n\n  This Part is made for the purposes of paragraph 321D(7)(a) of the Electoral Act.\n\n7  Electoral matter exceptions\n\n (1) This section determines communications for the purposes of paragraph 321D(3)(b) of the Electoral Act.\n\n (2) Section 321D of the Electoral Act does not apply in relation to electoral matter if the matter forms part of a communication that is:\n\n (a) graffiti; or\n\n (b) skywriting; or\n\n (c) a media release that contains the name and address of the notifying entity for that media release; or\n\n (d) an envelope that has written on it the name and address of the notifying entity for that envelope.\n\n8  Referendum matter exceptions\n\n (1) This section determines communications for the purposes of paragraph 110C(3)(c) of the Referendum (Machinery Provisions) Act.\n\n (2) Section 110C of the Referendum (Machinery Provisions) Act does not apply in relation to referendum matter if the matter forms part of a communication that is:\n\n (a) graffiti; or\n\n (b) skywriting; or\n\n (c) a media release that contains the name and address of the notifying entity for that media release; or\n\n (d) a letter or card that contains the name and address of the notifying entity for that letter or card; or\n\n (e) an envelope that has written on it the name and address of the notifying entity for that envelope.\n\nPart 3—Requirements for notifying particulars\n\nDivision 1—Purpose of this Part\n\n9  Purpose of this Part\n\n  This Part is made for the purposes of paragraph 321D(7)(b) of the Electoral Act.\n\nDivision 2—Requirements relating to notifying particulars for the purposes of the Electoral Act and Referendum (Machinery Provisions) Act\n\n10  Purpose of this Division\n\n  This Division determines requirements for notifying particulars in relation to a communication for the purposes of:\n\n (a) subsection 321D(5) of the Electoral Act; and\n\n (b) subsection 110C(5) of the Referendum (Machinery Provisions) Act.\n\n11  Requirements relating to notifying particulars for printed communications\n\n (1) This section applies if the communication is a printed communication.\n\nWhere the particulars must be notified\n\n (2) The particulars must be notified:\n\n (a) if the communication is published in a journal—at the end of the communication (except in relation to the name of the printer who printed the communication and the address of that printer which may be notified at the end of the communication or elsewhere in the journal); or\n\n (b) in any other case—at the end of the communication.\n\nFormatting and placement of particulars\n\n (3) The particulars must:\n\n (a) be reasonably prominent; and\n\n (b) be legible at a distance at which the communication is intended to be read; and\n\n (c) not be placed over complex pictorial or multicoloured backgrounds; and\n\n (d) be in a text that contrasts with the background on which the text appears; and\n\n (e) be printed in a way that cannot be removed or erased under normal conditions or use; and\n\n (f) be printed in a way that the particulars will not fade, run or rub off.\n\nLanguage requirements\n\n (4) The particulars must be notified in accordance with the following language requirements:\n\n (a) if the communication is only in English—the particulars must be notified in English;\n\n (b) if the communication is only in a language other than English—the particulars must be notified in both:\n\n (i) English; and\n\n (ii) the language used for the rest of the communication;\n\n (c) if the communication is in 2 or more languages—the particulars must be notified in both:\n\n (i) English; and\n\n (ii) at least one of the languages (other than English) used in the communication.\n\n12  Requirements relating to notifying particulars for communications other than printed communications\n\n (1) This section applies if a communication is a communication other than a printed communication.\n\nWhere or when the particulars must be notified\n\n (2) The particulars must be notified:\n\n (a) if the communication is communicated in the form of speech, music or other sounds and no other form—by being announced at the beginning of the communication; or\n\n (b) if the communication is communicated in the form of moving visual images with speech, music or other sounds and in no other form—by being announced and shown at the end of the communication; or\n\n (c) if the communication is communicated in the form of an electronic billboard, electric road sign or other similar devices—at the end of the communication; or\n\n (d) if the communication is communicated in a form other than a form mentioned in paragraph (a), (b) or (c)—in one or more of the following ways:\n\n (i) at the end of the communication;\n\n (ii) on a webpage that can be accessed by a URL that is included, either in whole or as a hyperlink, at the end of the communication;\n\n (iii) if the communication is on a webpage—in the footer of the webpage;\n\n (iv) if the communication is communicated on or using a social media service and the notifying entity for the communications is an individual—in the “About Us” or “Contact Us” section (however described) that relates to the individual and that is directly linked to, or can be accessed by clicking a link in, the communication.\n\nFormatting and placement of particulars\n\n (3) The particulars (other than particulars that are required to be announced under paragraph (2)(a) or (b)) must:\n\n (a) be reasonably prominent; and\n\n (b) be legible at a distance at which the communication is intended to be read; and\n\n (c) not be placed over complex pictorial or multicoloured backgrounds; and\n\n (d) be in a text that contrasts with the background on which the text appears.\n\nLanguage requirements\n\n (4) The particulars must be notified in accordance with the following language requirements:\n\n (a) if the communication is only in English—the particulars must be notified in English;\n\n (b) if the communication is only in a language other than English—the particulars must be notified in both:\n\n (i) English; and\n\n (ii) the language used for the rest of the communication;\n\n (c) if the communication is in 2 or more languages—the particulars must be notified in both:\n\n (i) English; and\n\n (ii) at least one of the languages (other than English) used in the communication.\n\nDivision 3—Requirements relating to notifying particulars for the purposes of certain Broadcasting Acts\n\n13  Purpose of this Division\n\n  This Division determines requirements for notifying particulars in relation to a communication for the purposes of:\n\n (a) subsection 79A(2) of the Australian Broadcasting Corporation Act 1983; and\n\n (b) subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992; and\n\n (c) subsection 70A(2) of the Special Broadcasting Service Act 1991.\n\n14  Requirements relating to notifying particulars for communications broadcast by radio\n\n (1) This section applies if the communication is broadcast by radio.\n\nWhen the particulars must be notified\n\n (2) The particulars must be notified by being announced at the end of the communication.\n\nLanguage requirements\n\n (3) The particulars must be notified in accordance with the following language requirements:\n\n (a) if the communication is only in one language—the particulars must be notified in that language;\n\n (b) if the communication is in 2 or more languages—the particulars must be notified in English.\n\n15  Requirements relating to notifying particulars for communications broadcast by television\n\n (1) This section applies if the communication is broadcast by television.\n\nWhere and when the particulars must be notified\n\n (2) The particulars must be notified by being announced and shown at the end of the communication.\n\nLanguage requirements\n\n (3) The particulars must be notified in accordance with the following language requirements:\n\n (a) if the communication is only in one language—the particulars must be notified in that language;\n\n (b) if the communication is in 2 or more languages—the particulars must be notified in English.\n\nSchedule 1—Repeals\n\n \n\nCommonwealth Electoral (Authorisation of Voter Communication) Determination 2018\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Commonwealth Electoral (Authorisation of Voter Communication) Determination 2018 (Schedule 1) and restates medium-specific disclosure requirements (Parts 2–3). It introduces an explicit definition of social media and a specific mechanism for notifications on social platforms for individuals (s5, s12(2)(d)(iv)), and sets technical formatting, permanence and language rules for a wide set of media (ss11–15). Because the 2018 text is not provided here, precise differences in substantive scope versus that earlier instrument cannot be detailed beyond the fact of repeal and the requirements stated in this instrument."},"complexity_factors":["Multiple medium-specific rules increase branching: printed (s11), non-printed including audio and video (s12), radio (s14) and television (s15).","Detailed formatting and permanence requirements for printed and electronic particulars (legibility, prominence, contrast, not over complex backgrounds, non-removable/lasting print) create technical compliance needs (s11(3), s12(3)).","Language rules that vary by whether the communication uses English, another single language, or multiple languages add conditional complexity (s11(4), s12(4), s14(3), s15(3)).","Social media-specific rule for individuals requires a linked About/Contact page accessible from the communication, a practical compliance detail unique to platformed content (s12(2)(d)(iv)).","Narrowed exceptions (graffiti, skywriting, media releases with name/address, letters/cards, envelopes) require publishers to classify communications before applying obligations (s7(2), s8(2)).","Cross-references to multiple parent Acts and provisions (Electoral Act, Referendum (Machinery Provisions) Act, ABC Act, Broadcasting Services Act, SBS Act) raise legal-navigation costs (see s3, s10, s13).","Repeal of the 2018 Determination replaces the prior instrument as the operative rule set, necessitating transition and review by regulated parties (Schedule 1).","Timing/placement obligations for audio and visual media (announce at start/end, show and announce at end) impose operational changes for broadcasters and producers (s12(2)(a),(b), s14(2), s15(2)).","Use of open-ended standards such as “reasonably prominent” and legibility “at a distance at which the communication is intended to be read” introduces enforcement discretion and interpretation risk (s11(3)(a),(b), s12(3)(a),(b))."],"plain_english_summary":"This Determination prescribes where, how and in what language “notifying particulars” (the name/address of the person or entity authorising an electoral or referendum communication) must appear across media — print, radio, television, web, social media, electronic billboards — and lists limited exceptions such as graffiti, skywriting, certain media releases and envelopes.\n\nIt affects anyone who authorises or publishes voter communications (individuals, campaigns, publishers, broadcasters) by imposing medium-specific placement, formatting, permanence and language rules, and it repeals the 2018 Determination."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2018 Determination with no significant expansion of scope. It maintains the same structure covering electoral and referendum authorisation requirements. The instrument remains tightly focused on its original purpose: operationalising the authorisation requirements in sections 321D and 110C of the parent Acts. The repeal and replacement appears to be a standard sunsetting or administrative update rather than a policy expansion."},"complexity_factors":["Multiple overlapping regimes: the Determination operates under three different Acts (Electoral Act, Referendum Act, and three Broadcasting Acts), requiring careful tracking of which rules apply when","Bifurcated structure: separate but parallel rules for 'electoral matter' and 'referendum matter' that are nearly identical but with subtle differences (e.g., letters/cards exception only applies to referendum matter)","Medium-specific requirements: 6 different communication formats (printed, audio-only, audio-visual, electronic billboard, other electronic, social media) each with distinct placement and timing rules","Nested conditional logic: language requirements depend on whether communication is English-only, non-English-only, or multilingual; placement rules depend on medium; some rules have sub-exceptions (e.g., printer details for journals)","Cross-referencing to primary legislation: terms like 'electoral matter', 'referendum matter', and 'notifying entity' are defined in the parent Acts, not this instrument, requiring external reference","Social media specific provision: unique rule for individual notifying entities using social media requiring linkage to profile sections"],"plain_english_summary":"This law requires anyone who communicates about elections or referendums to include clear authorisation (name and address) on political advertising so voters know who is behind messages. It covers parties, candidates, campaigners, broadcasters, media and online platforms, with rules to make the authorisation legible, durable and available in English (and in other languages where used).\n\nThe aim is transparency and accountability in political campaigning so voters can assess sources and prevent anonymous influence."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-electoral-authorisation-of-voter-communication-determination-2021","history":"/api/acts/commonwealth-electoral-authorisation-of-voter-communication-determination-2021/history","analysis":"/api/acts/commonwealth-electoral-authorisation-of-voter-communication-determination-2021/analysis","conflicts":"/api/acts/commonwealth-electoral-authorisation-of-voter-communication-determination-2021/conflicts","importantCases":"/api/acts/commonwealth-electoral-authorisation-of-voter-communication-determination-2021/important-cases","documents":"/api/acts/commonwealth-electoral-authorisation-of-voter-communication-determination-2021/documents"}}