{"id":"F1996B04228","name":"Electoral and Referendum Regulations 1940","slug":"electoral-and-referendum-regulations-1940","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"163 of 1940","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110934,"registerId":"commonwealth-F1996B04228-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the Electoral and Referendum Regulations 1940.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"#### 3 Repeal\n\n The Electoral and Referendum Regulations (being Statutory Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117, and 1934, No. 100) are repealed.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n (1) In these Regulations, unless the contrary intention appears:\n\n> Australia’s Foreign Investment Framework means any of the following Acts and any instruments made under any of those Acts:\n\n (a) the Foreign Acquisitions and Takeovers Act 1975;\n (b) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015;\n (c) the Register of Foreign Ownership of Agricultural Land Act 2015.\n\n> referendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\n> Referendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\n> The Act means the Commonwealth Electoral Act 1918.\n\n (3) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act or a person entitled to be enrolled on such a roll.","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Prescribed authorities","content":"#### 5A Prescribed authorities\n\n For the definition of prescribed authority in subsection 4 (1) of the Act, the Agencies and authorities of the Commonwealth mentioned in Schedule 1 are specified.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Electoral","content":"## Part I—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Electoral and Referendum Regulations 1940.\n\n#### 3 Repeal\n\n The Electoral and Referendum Regulations (being Statutory Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117, and 1934, No. 100) are repealed.\n\n#### 5 Interpretation\n\n (1) In these Regulations, unless the contrary intention appears:\n\n> Australia’s Foreign Investment Framework means any of the following Acts and any instruments made under any of those Acts:\n\n (a) the Foreign Acquisitions and Takeovers Act 1975;\n (b) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015;\n (c) the Register of Foreign Ownership of Agricultural Land Act 2015.\n\n> referendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\n> Referendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\n> The Act means the Commonwealth Electoral Act 1918.\n\n (3) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act or a person entitled to be enrolled on such a roll.\n\n#### 5A Prescribed authorities\n\n For the definition of prescribed authority in subsection 4 (1) of the Act, the Agencies and authorities of the Commonwealth mentioned in Schedule 1 are specified.\n\n## Part II—Electoral\n\n### Division 1—Enrolment\n\n#### 6 Arrangements with States—form of Roll\n\n For paragraph 84 (2) (a) of the Act, the manner in which a Roll may indicate that a person is not enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll.\n\n#### 7 Information on Rolls and certified lists of voters to be provided to particular people and organisations\n\n (1) The organisations and persons specified in the following table are prescribed for the provisions of subsection 90B (4) of the Act specified in the following table:\n\n| Item | For this provision … | these organisations and persons are prescribed … |\n| ---- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | item 4 of the table in subsection 90B (4) | a prescribed authority |\n| 2 | item 5 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedBetfair Pty LimitedPerceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n| 3 | item 6 of the table in subsection 90B (4) | Betfair Pty Limited |\n| 4 | item 7 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedExperian Asia Pacific Pty. Ltd.Perceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n\n (2) For item 4 of the table in subsection 90B (4) of the Act, the provision to a prescribed authority of the information mentioned in that item is authorised.\n\n#### 8 Permitted purposes for use of information: prescribed authorities\n\n For paragraph 91A (2AA) (b) of the Act, the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed authority mentioned in the item.\n\n#### 8A Permitted purposes for use of information: Australian Red Cross Blood Service\n\n For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for the Australian Red Cross Blood Service:\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a);\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.\n\n#### 9 Permitted purposes for use of information: other persons or organisations\n\n (1) For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for a person or organisation that conducts medical research or provides a health screening program:\n (a) the conduct of medical research in accordance with the Guidelines for the Protection of Privacy in the Conduct of Medical Research:\n (i) issued by the National Health and Medical Research Council under subsection 95 (1) of the Privacy Act 1988; and\n (ii) published in the Gazette on 22 March 2000;\n (b) the provision of a public health screening program:\n (i) approved by the Secretary of the Department of Health and Aged Care; and\n (ii) conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information:\n (A) issued by the Department of Human Services and Health; and\n (B) published in the Gazette on 1 December 1993.\n (2) For paragraph 91A (2B) (c) of the Act, the conduct of the election of delegates to the 2012 and 2013 Northern Territory Constitutional Convention is a permitted purpose.\n\n#### 13 Provisional enrolment by applicant for citizenship—prescribed electors\n\n For subparagraph 99B (4) (b) (i) of the Act and subparagraph 38 (4) (b) (i) of the Referendum (Machinery Provisions) Act, the classes of electors mentioned in Schedule 2 are prescribed.\n\n#### 13A Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n (1) For subsection 382 (7) of the Act, the requirements that must be satisfied are:\n (a) that the person include his or her date of birth on the claim or notice; and\n (b) that the person include his or her driver’s licence number on the claim or notice.\n (2) In this regulation:\n\n> claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner under any of the following provisions:\n\n (a) Part VII of the Act;\n (b) Part VIII of the Act, other than:\n (i) subsection 98 (3); and\n (ii) subsection 99A (5); and\n (iii) subsection 99B (3); and\n (iv) subsection 104 (3);\n (c) section 184A of the Act;\n (d) section 249 of the Act.\n\n## Part III—Electoral and Referendum\n\n### Division 1—Conduct of Elections and Referendums\n\n#### 40 State referendum or vote (Act, s 394)\n\n (1) This regulation applies if:\n (a) the Governor‑General has authorised a State vote to be held or taken on the day appointed as polling day for a Commonwealth vote; and\n (b) there is an arrangement between the Electoral Commission and the electoral authority of the State for the Electoral Commission to conduct the State vote.\n (2) An officer who performs functions in relation to the Commonwealth vote may perform functions in relation to the State vote.\n (3) Polling booths, ballot boxes and other facilities provided, and machinery or arrangements established, for the Commonwealth vote may be used for the State vote.\n (4) Ballot papers for declaration votes in the State vote may be put in the envelopes used for ballot papers for declaration votes in the Commonwealth vote.\n (5) Ballot papers used for the State vote may be placed in the ballot boxes used for the Commonwealth vote.\n (6) In this regulation:\n\n> Commonwealth vote means:\n\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives; or\n (c) a by‑election to elect a member of the House of Representatives; or\n (d) a referendum held under the Referendum (Machinery Provisions) Act 1984.\n\n> State has the meaning given by section 394 of the Act.\n\n> State vote means an election, referendum or vote of the electors of a State or part of a State to be held or taken under a law of the State.\n\n### Division 2—Electronically assisted voting for sight‑impaired people\n\n#### 41 Definitions for Division 2\n\n In this Division:\n\n> authorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subregulation 42 (1).\n\n> call centre operator means a person who:\n\n (a) works in an authorised call centre; and\n (b) is a pre‑poll voting officer under subsection 4 (1) of the Act.\n\n> electronically assisted vote means a vote cast using the electronically assisted voting method.\n\n> electronically assisted voting means voting by an electronically assisted vote.\n\n> electronically assisted voting method means the procedures determined under subregulation 46 (1) for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> officer means an officer mentioned in subsection 202A (2) of the Act.\n\n> reference Roll means a Roll that may be consulted by an officer if a voter wishes to vote by an electronically assisted vote.\n\n> registered sight‑impaired voter means a sight‑impaired person who is registered with the Electoral Commissioner for the purpose of voting by an electronically assisted vote.\n\n> sight‑impaired person has the meaning given by section 202AA of the Act.\n\n> Note: certified list of voters is defined in subsection 4 (1) of the Act.\n\n#### 42 Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres to receive telephone calls from sight‑impaired persons who wish to:\n (a) register for the purpose of being eligible to vote by an electronically assisted vote; or\n (b) vote by an electronically assisted vote.\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purpose of:\n (a) registering a sight‑impaired person for the purpose of being eligible to vote by an electronically assisted vote; and\n (b) assisting a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Example\n\n> Note: Statements and responses that allow call centre operators to explain to a sight‑impaired person how to register or vote.\n\n#### 43 Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter; and\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered sight‑impaired voter.\n\n> Note: The procedures may include requirements for the person to:\n\n (a) be on an approved list of voters, a certified list of voters or a reference Roll; and\n (b) affirm that he or she is sight‑impaired.\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person who wishes to apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter must:\n (a) contact an authorised call centre on a day and time determined under paragraph (1) (a); and\n (b) comply with the procedures determined under paragraph (1) (b).\n (4) The Electoral Commissioner must:\n (a) register a person who complies with subregulation (3) as a registered sight‑impaired voter; and\n (b) make and keep a register for that purpose.\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (5) A registered sight‑impaired voter may vote by an electronically assisted vote at:\n (a) a general election; and\n (b) a Senate election; and\n (c) a by‑election; and\n (d) a referendum.\n\n#### 44 Who is entitled to vote by an electronically assisted vote\n\n (1) The Electoral Commissioner:\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and\n (b) must determine, in writing, procedures for assessing whether a person is a registered sight‑impaired voter; and\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\n> Note: Example for paragraph (b)\n\n> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person is entitled to vote by an electronically assisted vote if:\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and\n (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and\n (c) a call centre operator is satisfied that the person is a registered sight‑impaired voter; and\n (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.\n (4) A person is not entitled to vote by an electronically assisted vote if:\n (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or\n (b) a call centre operator is not satisfied that the person is a registered sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired voter; or\n (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or\n (d) the person refuses to answer a question asked in accordance with subregulation 45 (2); or\n (e) the person answers Question 3 in subregulation 45 (2) in the affirmative; or\n (f) the person has already voted; or\n (g) the person is provisionally enrolled; or\n (h) on the basis of any of the person’s answers to questions mentioned in regulation 45, a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n (i) the person does not otherwise comply with the procedures for:\n (i) assessing whether the person is a registered sight‑impaired voter; or\n (ii) voting by an electronically assisted vote.\n\n> Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.\n\n#### 45 Electronically assisted voting—questions to be put to person\n\n (1) If a person requests an electronically assisted vote, a call centre operator must be satisfied that the person is a registered sight‑impaired voter in accordance with the procedures determined under paragraph 44 (1) (b).\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (2) If the person is a registered sight‑impaired voter, a call centre operator must then ask the person the appropriate question from the following questions:\n (1) Have you voted before in this election?\n (2) Have you voted before in these elections?\n (3) Have you voted before in this by‑election?\n (4) Have you voted before in this referendum?\n\n#### 46 Enabling registered sight‑impaired voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Examples\n\n1 The procedures may require a call centre operator to ensure that the voter:\n\n (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Act; and\n (b) is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Act.\n\n> Note: 2 The procedures may permit the voter’s ballot papers to be checked to ensure that they have been marked in accordance with the voter’s instructions (if any).\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A call centre operator who is satisfied that a registered sight‑impaired voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subregulation (1).\n (4) The voter may tell the call centre operator how the voter wants the ballot papers to be marked.\n (5) If the voter tells the call centre operator how the voter wants the ballot papers to be marked, the call centre operator must:\n (a) initial the voter’s ballot papers on the top front of each ballot paper; and\n (b) mark the voter’s ballot papers in accordance with the voter’s instructions; and\n (c) read the voter’s voting preferences back to the voter; and\n (d) put the voter’s ballot papers in an envelope marked with the name of the voter’s Division; and\n (e) place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.\n\n#### 47 Requirements relating to ballot boxes\n\n The requirements in relation to ballot boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act, other than section 73CR, are taken to apply to ballot boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were ordinary pre‑poll voting.\n\n#### 48 Role of scrutineers—authorised call centre\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one scrutineer to attend an authorised call centre for the purpose of monitoring the duties of call centre operators.\n (2) The appointment of a scrutineer must be made by notice, in writing:\n (a) addressed to the Returning Officer; and\n (b) signed by the candidate; and\n (c) stating the scrutineer’s name and address.\n (3) A scrutineer who has not complied with subsection 202A (3) of the Act must not attend an authorised call centre to discharge a scrutineer’s functions.\n (4) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer attempts to interfere with the duties of a call centre operator or an Assistant Returning Officer.\n Penalty: 5 penalty units.\n (5) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer communicates with a person in the authorised call centre; and\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n Penalty: 5 penalty units.\n\n#### 49 Record of electronically assisted votes\n\n (1) The Electoral Commissioner must make a record of an electronically assisted vote.\n (2) The record of an electronically assisted vote must be:\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n (ii) the Division in which the voter is enrolled to vote.\n (3) If the record is in the form mentioned in paragraph (2) (b):\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the voter is enrolled to vote; and\n (b) the Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters.\n\n#### 50 What must be done with the voter’s ballot papers\n\n (1) As soon as the close of the poll for all Divisions, an Assistant Returning Officer must:\n (a) open each ballot box mentioned in paragraph 46 (5) (e); and\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n (2) An Assistant Returning Officer must forward each bundle to a Divisional Returning Officer for the appropriate Division for the conduct of a scrutiny.\n (3) A person commits an offence if the person:\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n (b) performs a duty mentioned in subregulation (1) or (2).\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 51 Scrutiny of ballot papers\n\n (1) For the purpose of conducting a scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subregulation 50 (2), the Divisional Returning Officer must conduct the scrutiny.\n (2) The procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n (c) it is irrelevant that the voter did not complete the ballot paper personally; and\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person.\n (3) A person commits an offence if the person:\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n (b) conducts the scrutiny.\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 52 Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n (a) interferes with a voter while the voter votes by an electronically assisted vote; or\n (b) communicates with a voter who votes by an electronically assisted vote about the voter’s vote; or\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is a call centre operator who is assisting the voter to vote.\n\n#### 53 Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n (a) he or she destroys or interferes with:\n (i) a computer program; or\n (ii) a data file; or\n (iii) an electronic device; and\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is an officer acting in the course of his or her duties.\n\n### Division 7—Enforcement of law in relation to compulsory voting\n\n#### 81 Proceedings in Court on failure of elector to vote\n\n (1) In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) of the Act or subsection 45 (14) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.\n (2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.\n\n#### 83 Evidence in Court of summary jurisdiction\n\n (1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.\n (2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.\n (3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.\n\n## Part IV—Application and transitional provisions\n\n#### 84 Application—use of information by the ATO and Treasury\n\n The amendments of the table in Schedule 1 to these Regulations by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply in relation to the use of information by a person or organisation after those amendments commence, whether the information is given to the person or organisation before or after that time.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Enrolment","content":"## Part I—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Electoral and Referendum Regulations 1940.\n\n#### 3 Repeal\n\n The Electoral and Referendum Regulations (being Statutory Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117, and 1934, No. 100) are repealed.\n\n#### 5 Interpretation\n\n (1) In these Regulations, unless the contrary intention appears:\n\n> Australia’s Foreign Investment Framework means any of the following Acts and any instruments made under any of those Acts:\n\n (a) the Foreign Acquisitions and Takeovers Act 1975;\n (b) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015;\n (c) the Register of Foreign Ownership of Agricultural Land Act 2015.\n\n> referendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\n> Referendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\n> The Act means the Commonwealth Electoral Act 1918.\n\n (3) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act or a person entitled to be enrolled on such a roll.\n\n#### 5A Prescribed authorities\n\n For the definition of prescribed authority in subsection 4 (1) of the Act, the Agencies and authorities of the Commonwealth mentioned in Schedule 1 are specified.\n\n## Part II—Electoral\n\n### Division 1—Enrolment\n\n#### 6 Arrangements with States—form of Roll\n\n For paragraph 84 (2) (a) of the Act, the manner in which a Roll may indicate that a person is not enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll.\n\n#### 7 Information on Rolls and certified lists of voters to be provided to particular people and organisations\n\n (1) The organisations and persons specified in the following table are prescribed for the provisions of subsection 90B (4) of the Act specified in the following table:\n\n| Item | For this provision … | these organisations and persons are prescribed … |\n| ---- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | item 4 of the table in subsection 90B (4) | a prescribed authority |\n| 2 | item 5 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedBetfair Pty LimitedPerceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n| 3 | item 6 of the table in subsection 90B (4) | Betfair Pty Limited |\n| 4 | item 7 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedExperian Asia Pacific Pty. Ltd.Perceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n\n (2) For item 4 of the table in subsection 90B (4) of the Act, the provision to a prescribed authority of the information mentioned in that item is authorised.\n\n#### 8 Permitted purposes for use of information: prescribed authorities\n\n For paragraph 91A (2AA) (b) of the Act, the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed authority mentioned in the item.\n\n#### 8A Permitted purposes for use of information: Australian Red Cross Blood Service\n\n For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for the Australian Red Cross Blood Service:\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a);\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.\n\n#### 9 Permitted purposes for use of information: other persons or organisations\n\n (1) For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for a person or organisation that conducts medical research or provides a health screening program:\n (a) the conduct of medical research in accordance with the Guidelines for the Protection of Privacy in the Conduct of Medical Research:\n (i) issued by the National Health and Medical Research Council under subsection 95 (1) of the Privacy Act 1988; and\n (ii) published in the Gazette on 22 March 2000;\n (b) the provision of a public health screening program:\n (i) approved by the Secretary of the Department of Health and Aged Care; and\n (ii) conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information:\n (A) issued by the Department of Human Services and Health; and\n (B) published in the Gazette on 1 December 1993.\n (2) For paragraph 91A (2B) (c) of the Act, the conduct of the election of delegates to the 2012 and 2013 Northern Territory Constitutional Convention is a permitted purpose.\n\n#### 13 Provisional enrolment by applicant for citizenship—prescribed electors\n\n For subparagraph 99B (4) (b) (i) of the Act and subparagraph 38 (4) (b) (i) of the Referendum (Machinery Provisions) Act, the classes of electors mentioned in Schedule 2 are prescribed.\n\n#### 13A Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n (1) For subsection 382 (7) of the Act, the requirements that must be satisfied are:\n (a) that the person include his or her date of birth on the claim or notice; and\n (b) that the person include his or her driver’s licence number on the claim or notice.\n (2) In this regulation:\n\n> claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner under any of the following provisions:\n\n (a) Part VII of the Act;\n (b) Part VIII of the Act, other than:\n (i) subsection 98 (3); and\n (ii) subsection 99A (5); and\n (iii) subsection 99B (3); and\n (iv) subsection 104 (3);\n (c) section 184A of the Act;\n (d) section 249 of the Act.\n\n## Part III—Electoral and Referendum\n\n### Division 1—Conduct of Elections and Referendums\n\n#### 40 State referendum or vote (Act, s 394)\n\n (1) This regulation applies if:\n (a) the Governor‑General has authorised a State vote to be held or taken on the day appointed as polling day for a Commonwealth vote; and\n (b) there is an arrangement between the Electoral Commission and the electoral authority of the State for the Electoral Commission to conduct the State vote.\n (2) An officer who performs functions in relation to the Commonwealth vote may perform functions in relation to the State vote.\n (3) Polling booths, ballot boxes and other facilities provided, and machinery or arrangements established, for the Commonwealth vote may be used for the State vote.\n (4) Ballot papers for declaration votes in the State vote may be put in the envelopes used for ballot papers for declaration votes in the Commonwealth vote.\n (5) Ballot papers used for the State vote may be placed in the ballot boxes used for the Commonwealth vote.\n (6) In this regulation:\n\n> Commonwealth vote means:\n\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives; or\n (c) a by‑election to elect a member of the House of Representatives; or\n (d) a referendum held under the Referendum (Machinery Provisions) Act 1984.\n\n> State has the meaning given by section 394 of the Act.\n\n> State vote means an election, referendum or vote of the electors of a State or part of a State to be held or taken under a law of the State.\n\n### Division 2—Electronically assisted voting for sight‑impaired people\n\n#### 41 Definitions for Division 2\n\n In this Division:\n\n> authorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subregulation 42 (1).\n\n> call centre operator means a person who:\n\n (a) works in an authorised call centre; and\n (b) is a pre‑poll voting officer under subsection 4 (1) of the Act.\n\n> electronically assisted vote means a vote cast using the electronically assisted voting method.\n\n> electronically assisted voting means voting by an electronically assisted vote.\n\n> electronically assisted voting method means the procedures determined under subregulation 46 (1) for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> officer means an officer mentioned in subsection 202A (2) of the Act.\n\n> reference Roll means a Roll that may be consulted by an officer if a voter wishes to vote by an electronically assisted vote.\n\n> registered sight‑impaired voter means a sight‑impaired person who is registered with the Electoral Commissioner for the purpose of voting by an electronically assisted vote.\n\n> sight‑impaired person has the meaning given by section 202AA of the Act.\n\n> Note: certified list of voters is defined in subsection 4 (1) of the Act.\n\n#### 42 Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres to receive telephone calls from sight‑impaired persons who wish to:\n (a) register for the purpose of being eligible to vote by an electronically assisted vote; or\n (b) vote by an electronically assisted vote.\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purpose of:\n (a) registering a sight‑impaired person for the purpose of being eligible to vote by an electronically assisted vote; and\n (b) assisting a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Example\n\n> Note: Statements and responses that allow call centre operators to explain to a sight‑impaired person how to register or vote.\n\n#### 43 Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter; and\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered sight‑impaired voter.\n\n> Note: The procedures may include requirements for the person to:\n\n (a) be on an approved list of voters, a certified list of voters or a reference Roll; and\n (b) affirm that he or she is sight‑impaired.\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person who wishes to apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter must:\n (a) contact an authorised call centre on a day and time determined under paragraph (1) (a); and\n (b) comply with the procedures determined under paragraph (1) (b).\n (4) The Electoral Commissioner must:\n (a) register a person who complies with subregulation (3) as a registered sight‑impaired voter; and\n (b) make and keep a register for that purpose.\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (5) A registered sight‑impaired voter may vote by an electronically assisted vote at:\n (a) a general election; and\n (b) a Senate election; and\n (c) a by‑election; and\n (d) a referendum.\n\n#### 44 Who is entitled to vote by an electronically assisted vote\n\n (1) The Electoral Commissioner:\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and\n (b) must determine, in writing, procedures for assessing whether a person is a registered sight‑impaired voter; and\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\n> Note: Example for paragraph (b)\n\n> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person is entitled to vote by an electronically assisted vote if:\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and\n (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and\n (c) a call centre operator is satisfied that the person is a registered sight‑impaired voter; and\n (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.\n (4) A person is not entitled to vote by an electronically assisted vote if:\n (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or\n (b) a call centre operator is not satisfied that the person is a registered sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired voter; or\n (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or\n (d) the person refuses to answer a question asked in accordance with subregulation 45 (2); or\n (e) the person answers Question 3 in subregulation 45 (2) in the affirmative; or\n (f) the person has already voted; or\n (g) the person is provisionally enrolled; or\n (h) on the basis of any of the person’s answers to questions mentioned in regulation 45, a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n (i) the person does not otherwise comply with the procedures for:\n (i) assessing whether the person is a registered sight‑impaired voter; or\n (ii) voting by an electronically assisted vote.\n\n> Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.\n\n#### 45 Electronically assisted voting—questions to be put to person\n\n (1) If a person requests an electronically assisted vote, a call centre operator must be satisfied that the person is a registered sight‑impaired voter in accordance with the procedures determined under paragraph 44 (1) (b).\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (2) If the person is a registered sight‑impaired voter, a call centre operator must then ask the person the appropriate question from the following questions:\n (1) Have you voted before in this election?\n (2) Have you voted before in these elections?\n (3) Have you voted before in this by‑election?\n (4) Have you voted before in this referendum?\n\n#### 46 Enabling registered sight‑impaired voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Examples\n\n1 The procedures may require a call centre operator to ensure that the voter:\n\n (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Act; and\n (b) is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Act.\n\n> Note: 2 The procedures may permit the voter’s ballot papers to be checked to ensure that they have been marked in accordance with the voter’s instructions (if any).\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A call centre operator who is satisfied that a registered sight‑impaired voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subregulation (1).\n (4) The voter may tell the call centre operator how the voter wants the ballot papers to be marked.\n (5) If the voter tells the call centre operator how the voter wants the ballot papers to be marked, the call centre operator must:\n (a) initial the voter’s ballot papers on the top front of each ballot paper; and\n (b) mark the voter’s ballot papers in accordance with the voter’s instructions; and\n (c) read the voter’s voting preferences back to the voter; and\n (d) put the voter’s ballot papers in an envelope marked with the name of the voter’s Division; and\n (e) place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.\n\n#### 47 Requirements relating to ballot boxes\n\n The requirements in relation to ballot boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act, other than section 73CR, are taken to apply to ballot boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were ordinary pre‑poll voting.\n\n#### 48 Role of scrutineers—authorised call centre\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one scrutineer to attend an authorised call centre for the purpose of monitoring the duties of call centre operators.\n (2) The appointment of a scrutineer must be made by notice, in writing:\n (a) addressed to the Returning Officer; and\n (b) signed by the candidate; and\n (c) stating the scrutineer’s name and address.\n (3) A scrutineer who has not complied with subsection 202A (3) of the Act must not attend an authorised call centre to discharge a scrutineer’s functions.\n (4) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer attempts to interfere with the duties of a call centre operator or an Assistant Returning Officer.\n Penalty: 5 penalty units.\n (5) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer communicates with a person in the authorised call centre; and\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n Penalty: 5 penalty units.\n\n#### 49 Record of electronically assisted votes\n\n (1) The Electoral Commissioner must make a record of an electronically assisted vote.\n (2) The record of an electronically assisted vote must be:\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n (ii) the Division in which the voter is enrolled to vote.\n (3) If the record is in the form mentioned in paragraph (2) (b):\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the voter is enrolled to vote; and\n (b) the Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters.\n\n#### 50 What must be done with the voter’s ballot papers\n\n (1) As soon as the close of the poll for all Divisions, an Assistant Returning Officer must:\n (a) open each ballot box mentioned in paragraph 46 (5) (e); and\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n (2) An Assistant Returning Officer must forward each bundle to a Divisional Returning Officer for the appropriate Division for the conduct of a scrutiny.\n (3) A person commits an offence if the person:\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n (b) performs a duty mentioned in subregulation (1) or (2).\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 51 Scrutiny of ballot papers\n\n (1) For the purpose of conducting a scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subregulation 50 (2), the Divisional Returning Officer must conduct the scrutiny.\n (2) The procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n (c) it is irrelevant that the voter did not complete the ballot paper personally; and\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person.\n (3) A person commits an offence if the person:\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n (b) conducts the scrutiny.\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 52 Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n (a) interferes with a voter while the voter votes by an electronically assisted vote; or\n (b) communicates with a voter who votes by an electronically assisted vote about the voter’s vote; or\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is a call centre operator who is assisting the voter to vote.\n\n#### 53 Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n (a) he or she destroys or interferes with:\n (i) a computer program; or\n (ii) a data file; or\n (iii) an electronic device; and\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is an officer acting in the course of his or her duties.\n\n### Division 7—Enforcement of law in relation to compulsory voting\n\n#### 81 Proceedings in Court on failure of elector to vote\n\n (1) In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) of the Act or subsection 45 (14) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.\n (2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.\n\n#### 83 Evidence in Court of summary jurisdiction\n\n (1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.\n (2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.\n (3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.\n\n## Part IV—Application and transitional provisions\n\n#### 84 Application—use of information by the ATO and Treasury\n\n The amendments of the table in Schedule 1 to these Regulations by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply in relation to the use of information by a person or organisation after those amendments commence, whether the information is given to the person or organisation before or after that time.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements with States—form of Roll","content":"#### 6 Arrangements with States—form of Roll\n\n For paragraph 84 (2) (a) of the Act, the manner in which a Roll may indicate that a person is not enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Information on Rolls and certified lists of voters to be provided to particular people and organisations","content":"#### 7 Information on Rolls and certified lists of voters to be provided to particular people and organisations\n\n (1) The organisations and persons specified in the following table are prescribed for the provisions of subsection 90B (4) of the Act specified in the following table:\n\n| Item | For this provision … | these organisations and persons are prescribed … |\n| ---- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | item 4 of the table in subsection 90B (4) | a prescribed authority |\n| 2 | item 5 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedBetfair Pty LimitedPerceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n| 3 | item 6 of the table in subsection 90B (4) | Betfair Pty Limited |\n| 4 | item 7 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedExperian Asia Pacific Pty. Ltd.Perceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n\n (2) For item 4 of the table in subsection 90B (4) of the Act, the provision to a prescribed authority of the information mentioned in that item is authorised.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Permitted purposes for use of information: prescribed authorities","content":"#### 8 Permitted purposes for use of information: prescribed authorities\n\n For paragraph 91A (2AA) (b) of the Act, the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed authority mentioned in the item.","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Permitted purposes for use of information: Australian Red Cross Blood Service","content":"#### 8A Permitted purposes for use of information: Australian Red Cross Blood Service\n\n For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for the Australian Red Cross Blood Service:\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a);\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Permitted purposes for use of information: other persons or organisations","content":"#### 9 Permitted purposes for use of information: other persons or organisations\n\n (1) For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for a person or organisation that conducts medical research or provides a health screening program:\n (a) the conduct of medical research in accordance with the Guidelines for the Protection of Privacy in the Conduct of Medical Research:\n (i) issued by the National Health and Medical Research Council under subsection 95 (1) of the Privacy Act 1988; and\n (ii) published in the Gazette on 22 March 2000;\n (b) the provision of a public health screening program:\n (i) approved by the Secretary of the Department of Health and Aged Care; and\n (ii) conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information:\n (A) issued by the Department of Human Services and Health; and\n (B) published in the Gazette on 1 December 1993.\n (2) For paragraph 91A (2B) (c) of the Act, the conduct of the election of delegates to the 2012 and 2013 Northern Territory Constitutional Convention is a permitted purpose.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Provisional enrolment by applicant for citizenship—prescribed electors","content":"#### 13 Provisional enrolment by applicant for citizenship—prescribed electors\n\n For subparagraph 99B (4) (b) (i) of the Act and subparagraph 38 (4) (b) (i) of the Referendum (Machinery Provisions) Act, the classes of electors mentioned in Schedule 2 are prescribed.","sortOrder":12},{"sectionNumber":"13A","sectionType":"section","heading":"Enrolment‑related claims or notices do not have to be signed in certain circumstances","content":"#### 13A Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n (1) For subsection 382 (7) of the Act, the requirements that must be satisfied are:\n (a) that the person include his or her date of birth on the claim or notice; and\n (b) that the person include his or her driver’s licence number on the claim or notice.\n (2) In this regulation:\n\n> claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner under any of the following provisions:\n\n (a) Part VII of the Act;\n (b) Part VIII of the Act, other than:\n (i) subsection 98 (3); and\n (ii) subsection 99A (5); and\n (iii) subsection 99B (3); and\n (iv) subsection 104 (3);\n (c) section 184A of the Act;\n (d) section 249 of the Act.","sortOrder":13},{"sectionNumber":"Part III","sectionType":"part","heading":"Electoral and Referendum","content":"## Part I—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Electoral and Referendum Regulations 1940.\n\n#### 3 Repeal\n\n The Electoral and Referendum Regulations (being Statutory Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117, and 1934, No. 100) are repealed.\n\n#### 5 Interpretation\n\n (1) In these Regulations, unless the contrary intention appears:\n\n> Australia’s Foreign Investment Framework means any of the following Acts and any instruments made under any of those Acts:\n\n (a) the Foreign Acquisitions and Takeovers Act 1975;\n (b) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015;\n (c) the Register of Foreign Ownership of Agricultural Land Act 2015.\n\n> referendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\n> Referendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\n> The Act means the Commonwealth Electoral Act 1918.\n\n (3) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act or a person entitled to be enrolled on such a roll.\n\n#### 5A Prescribed authorities\n\n For the definition of prescribed authority in subsection 4 (1) of the Act, the Agencies and authorities of the Commonwealth mentioned in Schedule 1 are specified.\n\n## Part II—Electoral\n\n### Division 1—Enrolment\n\n#### 6 Arrangements with States—form of Roll\n\n For paragraph 84 (2) (a) of the Act, the manner in which a Roll may indicate that a person is not enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll.\n\n#### 7 Information on Rolls and certified lists of voters to be provided to particular people and organisations\n\n (1) The organisations and persons specified in the following table are prescribed for the provisions of subsection 90B (4) of the Act specified in the following table:\n\n| Item | For this provision … | these organisations and persons are prescribed … |\n| ---- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | item 4 of the table in subsection 90B (4) | a prescribed authority |\n| 2 | item 5 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedBetfair Pty LimitedPerceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n| 3 | item 6 of the table in subsection 90B (4) | Betfair Pty Limited |\n| 4 | item 7 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedExperian Asia Pacific Pty. Ltd.Perceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n\n (2) For item 4 of the table in subsection 90B (4) of the Act, the provision to a prescribed authority of the information mentioned in that item is authorised.\n\n#### 8 Permitted purposes for use of information: prescribed authorities\n\n For paragraph 91A (2AA) (b) of the Act, the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed authority mentioned in the item.\n\n#### 8A Permitted purposes for use of information: Australian Red Cross Blood Service\n\n For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for the Australian Red Cross Blood Service:\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a);\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.\n\n#### 9 Permitted purposes for use of information: other persons or organisations\n\n (1) For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for a person or organisation that conducts medical research or provides a health screening program:\n (a) the conduct of medical research in accordance with the Guidelines for the Protection of Privacy in the Conduct of Medical Research:\n (i) issued by the National Health and Medical Research Council under subsection 95 (1) of the Privacy Act 1988; and\n (ii) published in the Gazette on 22 March 2000;\n (b) the provision of a public health screening program:\n (i) approved by the Secretary of the Department of Health and Aged Care; and\n (ii) conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information:\n (A) issued by the Department of Human Services and Health; and\n (B) published in the Gazette on 1 December 1993.\n (2) For paragraph 91A (2B) (c) of the Act, the conduct of the election of delegates to the 2012 and 2013 Northern Territory Constitutional Convention is a permitted purpose.\n\n#### 13 Provisional enrolment by applicant for citizenship—prescribed electors\n\n For subparagraph 99B (4) (b) (i) of the Act and subparagraph 38 (4) (b) (i) of the Referendum (Machinery Provisions) Act, the classes of electors mentioned in Schedule 2 are prescribed.\n\n#### 13A Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n (1) For subsection 382 (7) of the Act, the requirements that must be satisfied are:\n (a) that the person include his or her date of birth on the claim or notice; and\n (b) that the person include his or her driver’s licence number on the claim or notice.\n (2) In this regulation:\n\n> claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner under any of the following provisions:\n\n (a) Part VII of the Act;\n (b) Part VIII of the Act, other than:\n (i) subsection 98 (3); and\n (ii) subsection 99A (5); and\n (iii) subsection 99B (3); and\n (iv) subsection 104 (3);\n (c) section 184A of the Act;\n (d) section 249 of the Act.\n\n## Part III—Electoral and Referendum\n\n### Division 1—Conduct of Elections and Referendums\n\n#### 40 State referendum or vote (Act, s 394)\n\n (1) This regulation applies if:\n (a) the Governor‑General has authorised a State vote to be held or taken on the day appointed as polling day for a Commonwealth vote; and\n (b) there is an arrangement between the Electoral Commission and the electoral authority of the State for the Electoral Commission to conduct the State vote.\n (2) An officer who performs functions in relation to the Commonwealth vote may perform functions in relation to the State vote.\n (3) Polling booths, ballot boxes and other facilities provided, and machinery or arrangements established, for the Commonwealth vote may be used for the State vote.\n (4) Ballot papers for declaration votes in the State vote may be put in the envelopes used for ballot papers for declaration votes in the Commonwealth vote.\n (5) Ballot papers used for the State vote may be placed in the ballot boxes used for the Commonwealth vote.\n (6) In this regulation:\n\n> Commonwealth vote means:\n\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives; or\n (c) a by‑election to elect a member of the House of Representatives; or\n (d) a referendum held under the Referendum (Machinery Provisions) Act 1984.\n\n> State has the meaning given by section 394 of the Act.\n\n> State vote means an election, referendum or vote of the electors of a State or part of a State to be held or taken under a law of the State.\n\n### Division 2—Electronically assisted voting for sight‑impaired people\n\n#### 41 Definitions for Division 2\n\n In this Division:\n\n> authorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subregulation 42 (1).\n\n> call centre operator means a person who:\n\n (a) works in an authorised call centre; and\n (b) is a pre‑poll voting officer under subsection 4 (1) of the Act.\n\n> electronically assisted vote means a vote cast using the electronically assisted voting method.\n\n> electronically assisted voting means voting by an electronically assisted vote.\n\n> electronically assisted voting method means the procedures determined under subregulation 46 (1) for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> officer means an officer mentioned in subsection 202A (2) of the Act.\n\n> reference Roll means a Roll that may be consulted by an officer if a voter wishes to vote by an electronically assisted vote.\n\n> registered sight‑impaired voter means a sight‑impaired person who is registered with the Electoral Commissioner for the purpose of voting by an electronically assisted vote.\n\n> sight‑impaired person has the meaning given by section 202AA of the Act.\n\n> Note: certified list of voters is defined in subsection 4 (1) of the Act.\n\n#### 42 Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres to receive telephone calls from sight‑impaired persons who wish to:\n (a) register for the purpose of being eligible to vote by an electronically assisted vote; or\n (b) vote by an electronically assisted vote.\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purpose of:\n (a) registering a sight‑impaired person for the purpose of being eligible to vote by an electronically assisted vote; and\n (b) assisting a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Example\n\n> Note: Statements and responses that allow call centre operators to explain to a sight‑impaired person how to register or vote.\n\n#### 43 Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter; and\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered sight‑impaired voter.\n\n> Note: The procedures may include requirements for the person to:\n\n (a) be on an approved list of voters, a certified list of voters or a reference Roll; and\n (b) affirm that he or she is sight‑impaired.\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person who wishes to apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter must:\n (a) contact an authorised call centre on a day and time determined under paragraph (1) (a); and\n (b) comply with the procedures determined under paragraph (1) (b).\n (4) The Electoral Commissioner must:\n (a) register a person who complies with subregulation (3) as a registered sight‑impaired voter; and\n (b) make and keep a register for that purpose.\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (5) A registered sight‑impaired voter may vote by an electronically assisted vote at:\n (a) a general election; and\n (b) a Senate election; and\n (c) a by‑election; and\n (d) a referendum.\n\n#### 44 Who is entitled to vote by an electronically assisted vote\n\n (1) The Electoral Commissioner:\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and\n (b) must determine, in writing, procedures for assessing whether a person is a registered sight‑impaired voter; and\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\n> Note: Example for paragraph (b)\n\n> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person is entitled to vote by an electronically assisted vote if:\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and\n (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and\n (c) a call centre operator is satisfied that the person is a registered sight‑impaired voter; and\n (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.\n (4) A person is not entitled to vote by an electronically assisted vote if:\n (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or\n (b) a call centre operator is not satisfied that the person is a registered sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired voter; or\n (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or\n (d) the person refuses to answer a question asked in accordance with subregulation 45 (2); or\n (e) the person answers Question 3 in subregulation 45 (2) in the affirmative; or\n (f) the person has already voted; or\n (g) the person is provisionally enrolled; or\n (h) on the basis of any of the person’s answers to questions mentioned in regulation 45, a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n (i) the person does not otherwise comply with the procedures for:\n (i) assessing whether the person is a registered sight‑impaired voter; or\n (ii) voting by an electronically assisted vote.\n\n> Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.\n\n#### 45 Electronically assisted voting—questions to be put to person\n\n (1) If a person requests an electronically assisted vote, a call centre operator must be satisfied that the person is a registered sight‑impaired voter in accordance with the procedures determined under paragraph 44 (1) (b).\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (2) If the person is a registered sight‑impaired voter, a call centre operator must then ask the person the appropriate question from the following questions:\n (1) Have you voted before in this election?\n (2) Have you voted before in these elections?\n (3) Have you voted before in this by‑election?\n (4) Have you voted before in this referendum?\n\n#### 46 Enabling registered sight‑impaired voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Examples\n\n1 The procedures may require a call centre operator to ensure that the voter:\n\n (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Act; and\n (b) is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Act.\n\n> Note: 2 The procedures may permit the voter’s ballot papers to be checked to ensure that they have been marked in accordance with the voter’s instructions (if any).\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A call centre operator who is satisfied that a registered sight‑impaired voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subregulation (1).\n (4) The voter may tell the call centre operator how the voter wants the ballot papers to be marked.\n (5) If the voter tells the call centre operator how the voter wants the ballot papers to be marked, the call centre operator must:\n (a) initial the voter’s ballot papers on the top front of each ballot paper; and\n (b) mark the voter’s ballot papers in accordance with the voter’s instructions; and\n (c) read the voter’s voting preferences back to the voter; and\n (d) put the voter’s ballot papers in an envelope marked with the name of the voter’s Division; and\n (e) place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.\n\n#### 47 Requirements relating to ballot boxes\n\n The requirements in relation to ballot boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act, other than section 73CR, are taken to apply to ballot boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were ordinary pre‑poll voting.\n\n#### 48 Role of scrutineers—authorised call centre\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one scrutineer to attend an authorised call centre for the purpose of monitoring the duties of call centre operators.\n (2) The appointment of a scrutineer must be made by notice, in writing:\n (a) addressed to the Returning Officer; and\n (b) signed by the candidate; and\n (c) stating the scrutineer’s name and address.\n (3) A scrutineer who has not complied with subsection 202A (3) of the Act must not attend an authorised call centre to discharge a scrutineer’s functions.\n (4) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer attempts to interfere with the duties of a call centre operator or an Assistant Returning Officer.\n Penalty: 5 penalty units.\n (5) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer communicates with a person in the authorised call centre; and\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n Penalty: 5 penalty units.\n\n#### 49 Record of electronically assisted votes\n\n (1) The Electoral Commissioner must make a record of an electronically assisted vote.\n (2) The record of an electronically assisted vote must be:\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n (ii) the Division in which the voter is enrolled to vote.\n (3) If the record is in the form mentioned in paragraph (2) (b):\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the voter is enrolled to vote; and\n (b) the Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters.\n\n#### 50 What must be done with the voter’s ballot papers\n\n (1) As soon as the close of the poll for all Divisions, an Assistant Returning Officer must:\n (a) open each ballot box mentioned in paragraph 46 (5) (e); and\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n (2) An Assistant Returning Officer must forward each bundle to a Divisional Returning Officer for the appropriate Division for the conduct of a scrutiny.\n (3) A person commits an offence if the person:\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n (b) performs a duty mentioned in subregulation (1) or (2).\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 51 Scrutiny of ballot papers\n\n (1) For the purpose of conducting a scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subregulation 50 (2), the Divisional Returning Officer must conduct the scrutiny.\n (2) The procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n (c) it is irrelevant that the voter did not complete the ballot paper personally; and\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person.\n (3) A person commits an offence if the person:\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n (b) conducts the scrutiny.\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 52 Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n (a) interferes with a voter while the voter votes by an electronically assisted vote; or\n (b) communicates with a voter who votes by an electronically assisted vote about the voter’s vote; or\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is a call centre operator who is assisting the voter to vote.\n\n#### 53 Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n (a) he or she destroys or interferes with:\n (i) a computer program; or\n (ii) a data file; or\n (iii) an electronic device; and\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is an officer acting in the course of his or her duties.\n\n### Division 7—Enforcement of law in relation to compulsory voting\n\n#### 81 Proceedings in Court on failure of elector to vote\n\n (1) In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) of the Act or subsection 45 (14) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.\n (2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.\n\n#### 83 Evidence in Court of summary jurisdiction\n\n (1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.\n (2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.\n (3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.\n\n## Part IV—Application and transitional provisions\n\n#### 84 Application—use of information by the ATO and Treasury\n\n The amendments of the table in Schedule 1 to these Regulations by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply in relation to the use of information by a person or organisation after those amendments commence, whether the information is given to the person or organisation before or after that time.","sortOrder":14},{"sectionNumber":"40","sectionType":"section","heading":"State referendum or vote (Act, s 394)","content":"#### 40 State referendum or vote (Act, s 394)\n\n (1) This regulation applies if:\n (a) the Governor‑General has authorised a State vote to be held or taken on the day appointed as polling day for a Commonwealth vote; and\n (b) there is an arrangement between the Electoral Commission and the electoral authority of the State for the Electoral Commission to conduct the State vote.\n (2) An officer who performs functions in relation to the Commonwealth vote may perform functions in relation to the State vote.\n (3) Polling booths, ballot boxes and other facilities provided, and machinery or arrangements established, for the Commonwealth vote may be used for the State vote.\n (4) Ballot papers for declaration votes in the State vote may be put in the envelopes used for ballot papers for declaration votes in the Commonwealth vote.\n (5) Ballot papers used for the State vote may be placed in the ballot boxes used for the Commonwealth vote.\n (6) In this regulation:\n\n> Commonwealth vote means:\n\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives; or\n (c) a by‑election to elect a member of the House of Representatives; or\n (d) a referendum held under the Referendum (Machinery Provisions) Act 1984.\n\n> State has the meaning given by section 394 of the Act.\n\n> State vote means an election, referendum or vote of the electors of a State or part of a State to be held or taken under a law of the State.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Electronically assisted voting for sight‑impaired people","content":"## Part I—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Electoral and Referendum Regulations 1940.\n\n#### 3 Repeal\n\n The Electoral and Referendum Regulations (being Statutory Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117, and 1934, No. 100) are repealed.\n\n#### 5 Interpretation\n\n (1) In these Regulations, unless the contrary intention appears:\n\n> Australia’s Foreign Investment Framework means any of the following Acts and any instruments made under any of those Acts:\n\n (a) the Foreign Acquisitions and Takeovers Act 1975;\n (b) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015;\n (c) the Register of Foreign Ownership of Agricultural Land Act 2015.\n\n> referendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\n> Referendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\n> The Act means the Commonwealth Electoral Act 1918.\n\n (3) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act or a person entitled to be enrolled on such a roll.\n\n#### 5A Prescribed authorities\n\n For the definition of prescribed authority in subsection 4 (1) of the Act, the Agencies and authorities of the Commonwealth mentioned in Schedule 1 are specified.\n\n## Part II—Electoral\n\n### Division 1—Enrolment\n\n#### 6 Arrangements with States—form of Roll\n\n For paragraph 84 (2) (a) of the Act, the manner in which a Roll may indicate that a person is not enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll.\n\n#### 7 Information on Rolls and certified lists of voters to be provided to particular people and organisations\n\n (1) The organisations and persons specified in the following table are prescribed for the provisions of subsection 90B (4) of the Act specified in the following table:\n\n| Item | For this provision … | these organisations and persons are prescribed … |\n| ---- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | item 4 of the table in subsection 90B (4) | a prescribed authority |\n| 2 | item 5 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedBetfair Pty LimitedPerceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n| 3 | item 6 of the table in subsection 90B (4) | Betfair Pty Limited |\n| 4 | item 7 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedExperian Asia Pacific Pty. Ltd.Perceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n\n (2) For item 4 of the table in subsection 90B (4) of the Act, the provision to a prescribed authority of the information mentioned in that item is authorised.\n\n#### 8 Permitted purposes for use of information: prescribed authorities\n\n For paragraph 91A (2AA) (b) of the Act, the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed authority mentioned in the item.\n\n#### 8A Permitted purposes for use of information: Australian Red Cross Blood Service\n\n For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for the Australian Red Cross Blood Service:\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a);\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.\n\n#### 9 Permitted purposes for use of information: other persons or organisations\n\n (1) For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for a person or organisation that conducts medical research or provides a health screening program:\n (a) the conduct of medical research in accordance with the Guidelines for the Protection of Privacy in the Conduct of Medical Research:\n (i) issued by the National Health and Medical Research Council under subsection 95 (1) of the Privacy Act 1988; and\n (ii) published in the Gazette on 22 March 2000;\n (b) the provision of a public health screening program:\n (i) approved by the Secretary of the Department of Health and Aged Care; and\n (ii) conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information:\n (A) issued by the Department of Human Services and Health; and\n (B) published in the Gazette on 1 December 1993.\n (2) For paragraph 91A (2B) (c) of the Act, the conduct of the election of delegates to the 2012 and 2013 Northern Territory Constitutional Convention is a permitted purpose.\n\n#### 13 Provisional enrolment by applicant for citizenship—prescribed electors\n\n For subparagraph 99B (4) (b) (i) of the Act and subparagraph 38 (4) (b) (i) of the Referendum (Machinery Provisions) Act, the classes of electors mentioned in Schedule 2 are prescribed.\n\n#### 13A Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n (1) For subsection 382 (7) of the Act, the requirements that must be satisfied are:\n (a) that the person include his or her date of birth on the claim or notice; and\n (b) that the person include his or her driver’s licence number on the claim or notice.\n (2) In this regulation:\n\n> claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner under any of the following provisions:\n\n (a) Part VII of the Act;\n (b) Part VIII of the Act, other than:\n (i) subsection 98 (3); and\n (ii) subsection 99A (5); and\n (iii) subsection 99B (3); and\n (iv) subsection 104 (3);\n (c) section 184A of the Act;\n (d) section 249 of the Act.\n\n## Part III—Electoral and Referendum\n\n### Division 1—Conduct of Elections and Referendums\n\n#### 40 State referendum or vote (Act, s 394)\n\n (1) This regulation applies if:\n (a) the Governor‑General has authorised a State vote to be held or taken on the day appointed as polling day for a Commonwealth vote; and\n (b) there is an arrangement between the Electoral Commission and the electoral authority of the State for the Electoral Commission to conduct the State vote.\n (2) An officer who performs functions in relation to the Commonwealth vote may perform functions in relation to the State vote.\n (3) Polling booths, ballot boxes and other facilities provided, and machinery or arrangements established, for the Commonwealth vote may be used for the State vote.\n (4) Ballot papers for declaration votes in the State vote may be put in the envelopes used for ballot papers for declaration votes in the Commonwealth vote.\n (5) Ballot papers used for the State vote may be placed in the ballot boxes used for the Commonwealth vote.\n (6) In this regulation:\n\n> Commonwealth vote means:\n\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives; or\n (c) a by‑election to elect a member of the House of Representatives; or\n (d) a referendum held under the Referendum (Machinery Provisions) Act 1984.\n\n> State has the meaning given by section 394 of the Act.\n\n> State vote means an election, referendum or vote of the electors of a State or part of a State to be held or taken under a law of the State.\n\n### Division 2—Electronically assisted voting for sight‑impaired people\n\n#### 41 Definitions for Division 2\n\n In this Division:\n\n> authorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subregulation 42 (1).\n\n> call centre operator means a person who:\n\n (a) works in an authorised call centre; and\n (b) is a pre‑poll voting officer under subsection 4 (1) of the Act.\n\n> electronically assisted vote means a vote cast using the electronically assisted voting method.\n\n> electronically assisted voting means voting by an electronically assisted vote.\n\n> electronically assisted voting method means the procedures determined under subregulation 46 (1) for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> officer means an officer mentioned in subsection 202A (2) of the Act.\n\n> reference Roll means a Roll that may be consulted by an officer if a voter wishes to vote by an electronically assisted vote.\n\n> registered sight‑impaired voter means a sight‑impaired person who is registered with the Electoral Commissioner for the purpose of voting by an electronically assisted vote.\n\n> sight‑impaired person has the meaning given by section 202AA of the Act.\n\n> Note: certified list of voters is defined in subsection 4 (1) of the Act.\n\n#### 42 Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres to receive telephone calls from sight‑impaired persons who wish to:\n (a) register for the purpose of being eligible to vote by an electronically assisted vote; or\n (b) vote by an electronically assisted vote.\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purpose of:\n (a) registering a sight‑impaired person for the purpose of being eligible to vote by an electronically assisted vote; and\n (b) assisting a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Example\n\n> Note: Statements and responses that allow call centre operators to explain to a sight‑impaired person how to register or vote.\n\n#### 43 Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter; and\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered sight‑impaired voter.\n\n> Note: The procedures may include requirements for the person to:\n\n (a) be on an approved list of voters, a certified list of voters or a reference Roll; and\n (b) affirm that he or she is sight‑impaired.\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person who wishes to apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter must:\n (a) contact an authorised call centre on a day and time determined under paragraph (1) (a); and\n (b) comply with the procedures determined under paragraph (1) (b).\n (4) The Electoral Commissioner must:\n (a) register a person who complies with subregulation (3) as a registered sight‑impaired voter; and\n (b) make and keep a register for that purpose.\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (5) A registered sight‑impaired voter may vote by an electronically assisted vote at:\n (a) a general election; and\n (b) a Senate election; and\n (c) a by‑election; and\n (d) a referendum.\n\n#### 44 Who is entitled to vote by an electronically assisted vote\n\n (1) The Electoral Commissioner:\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and\n (b) must determine, in writing, procedures for assessing whether a person is a registered sight‑impaired voter; and\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\n> Note: Example for paragraph (b)\n\n> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person is entitled to vote by an electronically assisted vote if:\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and\n (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and\n (c) a call centre operator is satisfied that the person is a registered sight‑impaired voter; and\n (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.\n (4) A person is not entitled to vote by an electronically assisted vote if:\n (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or\n (b) a call centre operator is not satisfied that the person is a registered sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired voter; or\n (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or\n (d) the person refuses to answer a question asked in accordance with subregulation 45 (2); or\n (e) the person answers Question 3 in subregulation 45 (2) in the affirmative; or\n (f) the person has already voted; or\n (g) the person is provisionally enrolled; or\n (h) on the basis of any of the person’s answers to questions mentioned in regulation 45, a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n (i) the person does not otherwise comply with the procedures for:\n (i) assessing whether the person is a registered sight‑impaired voter; or\n (ii) voting by an electronically assisted vote.\n\n> Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.\n\n#### 45 Electronically assisted voting—questions to be put to person\n\n (1) If a person requests an electronically assisted vote, a call centre operator must be satisfied that the person is a registered sight‑impaired voter in accordance with the procedures determined under paragraph 44 (1) (b).\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (2) If the person is a registered sight‑impaired voter, a call centre operator must then ask the person the appropriate question from the following questions:\n (1) Have you voted before in this election?\n (2) Have you voted before in these elections?\n (3) Have you voted before in this by‑election?\n (4) Have you voted before in this referendum?\n\n#### 46 Enabling registered sight‑impaired voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Examples\n\n1 The procedures may require a call centre operator to ensure that the voter:\n\n (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Act; and\n (b) is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Act.\n\n> Note: 2 The procedures may permit the voter’s ballot papers to be checked to ensure that they have been marked in accordance with the voter’s instructions (if any).\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A call centre operator who is satisfied that a registered sight‑impaired voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subregulation (1).\n (4) The voter may tell the call centre operator how the voter wants the ballot papers to be marked.\n (5) If the voter tells the call centre operator how the voter wants the ballot papers to be marked, the call centre operator must:\n (a) initial the voter’s ballot papers on the top front of each ballot paper; and\n (b) mark the voter’s ballot papers in accordance with the voter’s instructions; and\n (c) read the voter’s voting preferences back to the voter; and\n (d) put the voter’s ballot papers in an envelope marked with the name of the voter’s Division; and\n (e) place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.\n\n#### 47 Requirements relating to ballot boxes\n\n The requirements in relation to ballot boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act, other than section 73CR, are taken to apply to ballot boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were ordinary pre‑poll voting.\n\n#### 48 Role of scrutineers—authorised call centre\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one scrutineer to attend an authorised call centre for the purpose of monitoring the duties of call centre operators.\n (2) The appointment of a scrutineer must be made by notice, in writing:\n (a) addressed to the Returning Officer; and\n (b) signed by the candidate; and\n (c) stating the scrutineer’s name and address.\n (3) A scrutineer who has not complied with subsection 202A (3) of the Act must not attend an authorised call centre to discharge a scrutineer’s functions.\n (4) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer attempts to interfere with the duties of a call centre operator or an Assistant Returning Officer.\n Penalty: 5 penalty units.\n (5) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer communicates with a person in the authorised call centre; and\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n Penalty: 5 penalty units.\n\n#### 49 Record of electronically assisted votes\n\n (1) The Electoral Commissioner must make a record of an electronically assisted vote.\n (2) The record of an electronically assisted vote must be:\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n (ii) the Division in which the voter is enrolled to vote.\n (3) If the record is in the form mentioned in paragraph (2) (b):\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the voter is enrolled to vote; and\n (b) the Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters.\n\n#### 50 What must be done with the voter’s ballot papers\n\n (1) As soon as the close of the poll for all Divisions, an Assistant Returning Officer must:\n (a) open each ballot box mentioned in paragraph 46 (5) (e); and\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n (2) An Assistant Returning Officer must forward each bundle to a Divisional Returning Officer for the appropriate Division for the conduct of a scrutiny.\n (3) A person commits an offence if the person:\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n (b) performs a duty mentioned in subregulation (1) or (2).\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 51 Scrutiny of ballot papers\n\n (1) For the purpose of conducting a scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subregulation 50 (2), the Divisional Returning Officer must conduct the scrutiny.\n (2) The procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n (c) it is irrelevant that the voter did not complete the ballot paper personally; and\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person.\n (3) A person commits an offence if the person:\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n (b) conducts the scrutiny.\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 52 Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n (a) interferes with a voter while the voter votes by an electronically assisted vote; or\n (b) communicates with a voter who votes by an electronically assisted vote about the voter’s vote; or\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is a call centre operator who is assisting the voter to vote.\n\n#### 53 Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n (a) he or she destroys or interferes with:\n (i) a computer program; or\n (ii) a data file; or\n (iii) an electronic device; and\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is an officer acting in the course of his or her duties.\n\n### Division 7—Enforcement of law in relation to compulsory voting\n\n#### 81 Proceedings in Court on failure of elector to vote\n\n (1) In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) of the Act or subsection 45 (14) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.\n (2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.\n\n#### 83 Evidence in Court of summary jurisdiction\n\n (1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.\n (2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.\n (3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.\n\n## Part IV—Application and transitional provisions\n\n#### 84 Application—use of information by the ATO and Treasury\n\n The amendments of the table in Schedule 1 to these Regulations by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply in relation to the use of information by a person or organisation after those amendments commence, whether the information is given to the person or organisation before or after that time.","sortOrder":17},{"sectionNumber":"41","sectionType":"section","heading":"Definitions for Division 2","content":"#### 41 Definitions for Division 2\n\n In this Division:\n\n> authorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subregulation 42 (1).\n\n> call centre operator means a person who:\n\n (a) works in an authorised call centre; and\n (b) is a pre‑poll voting officer under subsection 4 (1) of the Act.\n\n> electronically assisted vote means a vote cast using the electronically assisted voting method.\n\n> electronically assisted voting means voting by an electronically assisted vote.\n\n> electronically assisted voting method means the procedures determined under subregulation 46 (1) for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> officer means an officer mentioned in subsection 202A (2) of the Act.\n\n> reference Roll means a Roll that may be consulted by an officer if a voter wishes to vote by an electronically assisted vote.\n\n> registered sight‑impaired voter means a sight‑impaired person who is registered with the Electoral Commissioner for the purpose of voting by an electronically assisted vote.\n\n> sight‑impaired person has the meaning given by section 202AA of the Act.\n\n> Note: certified list of voters is defined in subsection 4 (1) of the Act.","sortOrder":18},{"sectionNumber":"42","sectionType":"section","heading":"Authorised call centres","content":"#### 42 Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres to receive telephone calls from sight‑impaired persons who wish to:\n (a) register for the purpose of being eligible to vote by an electronically assisted vote; or\n (b) vote by an electronically assisted vote.\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purpose of:\n (a) registering a sight‑impaired person for the purpose of being eligible to vote by an electronically assisted vote; and\n (b) assisting a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Example\n\n> Note: Statements and responses that allow call centre operators to explain to a sight‑impaired person how to register or vote.","sortOrder":19},{"sectionNumber":"43","sectionType":"section","heading":"Registration","content":"#### 43 Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter; and\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered sight‑impaired voter.\n\n> Note: The procedures may include requirements for the person to:\n\n (a) be on an approved list of voters, a certified list of voters or a reference Roll; and\n (b) affirm that he or she is sight‑impaired.\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person who wishes to apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter must:\n (a) contact an authorised call centre on a day and time determined under paragraph (1) (a); and\n (b) comply with the procedures determined under paragraph (1) (b).\n (4) The Electoral Commissioner must:\n (a) register a person who complies with subregulation (3) as a registered sight‑impaired voter; and\n (b) make and keep a register for that purpose.\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (5) A registered sight‑impaired voter may vote by an electronically assisted vote at:\n (a) a general election; and\n (b) a Senate election; and\n (c) a by‑election; and\n (d) a referendum.","sortOrder":20},{"sectionNumber":"44","sectionType":"section","heading":"Who is entitled to vote by an electronically assisted vote","content":"#### 44 Who is entitled to vote by an electronically assisted vote\n\n (1) The Electoral Commissioner:\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and\n (b) must determine, in writing, procedures for assessing whether a person is a registered sight‑impaired voter; and\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\n> Note: Example for paragraph (b)\n\n> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person is entitled to vote by an electronically assisted vote if:\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and\n (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and\n (c) a call centre operator is satisfied that the person is a registered sight‑impaired voter; and\n (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.\n (4) A person is not entitled to vote by an electronically assisted vote if:\n (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or\n (b) a call centre operator is not satisfied that the person is a registered sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired voter; or\n (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or\n (d) the person refuses to answer a question asked in accordance with subregulation 45 (2); or\n (e) the person answers Question 3 in subregulation 45 (2) in the affirmative; or\n (f) the person has already voted; or\n (g) the person is provisionally enrolled; or\n (h) on the basis of any of the person’s answers to questions mentioned in regulation 45, a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n (i) the person does not otherwise comply with the procedures for:\n (i) assessing whether the person is a registered sight‑impaired voter; or\n (ii) voting by an electronically assisted vote.\n\n> Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.","sortOrder":21},{"sectionNumber":"45","sectionType":"section","heading":"Electronically assisted voting—questions to be put to person","content":"#### 45 Electronically assisted voting—questions to be put to person\n\n (1) If a person requests an electronically assisted vote, a call centre operator must be satisfied that the person is a registered sight‑impaired voter in accordance with the procedures determined under paragraph 44 (1) (b).\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (2) If the person is a registered sight‑impaired voter, a call centre operator must then ask the person the appropriate question from the following questions:\n (1) Have you voted before in this election?\n (2) Have you voted before in these elections?\n (3) Have you voted before in this by‑election?\n (4) Have you voted before in this referendum?","sortOrder":22},{"sectionNumber":"46","sectionType":"section","heading":"Enabling registered sight‑impaired voter to vote","content":"#### 46 Enabling registered sight‑impaired voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Examples\n\n1 The procedures may require a call centre operator to ensure that the voter:\n\n (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Act; and\n (b) is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Act.\n\n> Note: 2 The procedures may permit the voter’s ballot papers to be checked to ensure that they have been marked in accordance with the voter’s instructions (if any).\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A call centre operator who is satisfied that a registered sight‑impaired voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subregulation (1).\n (4) The voter may tell the call centre operator how the voter wants the ballot papers to be marked.\n (5) If the voter tells the call centre operator how the voter wants the ballot papers to be marked, the call centre operator must:\n (a) initial the voter’s ballot papers on the top front of each ballot paper; and\n (b) mark the voter’s ballot papers in accordance with the voter’s instructions; and\n (c) read the voter’s voting preferences back to the voter; and\n (d) put the voter’s ballot papers in an envelope marked with the name of the voter’s Division; and\n (e) place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.","sortOrder":23},{"sectionNumber":"47","sectionType":"section","heading":"Requirements relating to ballot boxes","content":"#### 47 Requirements relating to ballot boxes\n\n The requirements in relation to ballot boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act, other than section 73CR, are taken to apply to ballot boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were ordinary pre‑poll voting.","sortOrder":24},{"sectionNumber":"48","sectionType":"section","heading":"Role of scrutineers—authorised call centre","content":"#### 48 Role of scrutineers—authorised call centre\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one scrutineer to attend an authorised call centre for the purpose of monitoring the duties of call centre operators.\n (2) The appointment of a scrutineer must be made by notice, in writing:\n (a) addressed to the Returning Officer; and\n (b) signed by the candidate; and\n (c) stating the scrutineer’s name and address.\n (3) A scrutineer who has not complied with subsection 202A (3) of the Act must not attend an authorised call centre to discharge a scrutineer’s functions.\n (4) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer attempts to interfere with the duties of a call centre operator or an Assistant Returning Officer.\n Penalty: 5 penalty units.\n (5) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer communicates with a person in the authorised call centre; and\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n Penalty: 5 penalty units.","sortOrder":25},{"sectionNumber":"49","sectionType":"section","heading":"Record of electronically assisted votes","content":"#### 49 Record of electronically assisted votes\n\n (1) The Electoral Commissioner must make a record of an electronically assisted vote.\n (2) The record of an electronically assisted vote must be:\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n (ii) the Division in which the voter is enrolled to vote.\n (3) If the record is in the form mentioned in paragraph (2) (b):\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the voter is enrolled to vote; and\n (b) the Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters.","sortOrder":26},{"sectionNumber":"50","sectionType":"section","heading":"What must be done with the voter’s ballot papers","content":"#### 50 What must be done with the voter’s ballot papers\n\n (1) As soon as the close of the poll for all Divisions, an Assistant Returning Officer must:\n (a) open each ballot box mentioned in paragraph 46 (5) (e); and\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n (2) An Assistant Returning Officer must forward each bundle to a Divisional Returning Officer for the appropriate Division for the conduct of a scrutiny.\n (3) A person commits an offence if the person:\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n (b) performs a duty mentioned in subregulation (1) or (2).\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":27},{"sectionNumber":"51","sectionType":"section","heading":"Scrutiny of ballot papers","content":"#### 51 Scrutiny of ballot papers\n\n (1) For the purpose of conducting a scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subregulation 50 (2), the Divisional Returning Officer must conduct the scrutiny.\n (2) The procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n (c) it is irrelevant that the voter did not complete the ballot paper personally; and\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person.\n (3) A person commits an offence if the person:\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n (b) conducts the scrutiny.\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":28},{"sectionNumber":"52","sectionType":"section","heading":"Offences related to electronically assisted voting","content":"#### 52 Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n (a) interferes with a voter while the voter votes by an electronically assisted vote; or\n (b) communicates with a voter who votes by an electronically assisted vote about the voter’s vote; or\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is a call centre operator who is assisting the voter to vote.","sortOrder":29},{"sectionNumber":"53","sectionType":"section","heading":"Protection of electronic voting hardware or software","content":"#### 53 Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n (a) he or she destroys or interferes with:\n (i) a computer program; or\n (ii) a data file; or\n (iii) an electronic device; and\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is an officer acting in the course of his or her duties.","sortOrder":30},{"sectionNumber":"Division 7","sectionType":"division","heading":"Enforcement of law in relation to compulsory voting","content":"## Part I—Preliminary\n\n#### 1 Name of Regulations\n\n These Regulations are the Electoral and Referendum Regulations 1940.\n\n#### 3 Repeal\n\n The Electoral and Referendum Regulations (being Statutory Rules 1928, No. 80, as amended by Statutory Rules 1928, Nos. 107 and 117, and 1934, No. 100) are repealed.\n\n#### 5 Interpretation\n\n (1) In these Regulations, unless the contrary intention appears:\n\n> Australia’s Foreign Investment Framework means any of the following Acts and any instruments made under any of those Acts:\n\n (a) the Foreign Acquisitions and Takeovers Act 1975;\n (b) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015;\n (c) the Register of Foreign Ownership of Agricultural Land Act 2015.\n\n> referendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\n> Referendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\n> The Act means the Commonwealth Electoral Act 1918.\n\n (3) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act or a person entitled to be enrolled on such a roll.\n\n#### 5A Prescribed authorities\n\n For the definition of prescribed authority in subsection 4 (1) of the Act, the Agencies and authorities of the Commonwealth mentioned in Schedule 1 are specified.\n\n## Part II—Electoral\n\n### Division 1—Enrolment\n\n#### 6 Arrangements with States—form of Roll\n\n For paragraph 84 (2) (a) of the Act, the manner in which a Roll may indicate that a person is not enrolled as a Commonwealth elector is to put a circle (o) before the person’s name on the Roll.\n\n#### 7 Information on Rolls and certified lists of voters to be provided to particular people and organisations\n\n (1) The organisations and persons specified in the following table are prescribed for the provisions of subsection 90B (4) of the Act specified in the following table:\n\n| Item | For this provision … | these organisations and persons are prescribed … |\n| ---- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | item 4 of the table in subsection 90B (4) | a prescribed authority |\n| 2 | item 5 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedBetfair Pty LimitedPerceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n| 3 | item 6 of the table in subsection 90B (4) | Betfair Pty Limited |\n| 4 | item 7 of the table in subsection 90B (4) | ACXIOM Australia Pty LimitedExperian Asia Pacific Pty. Ltd.Perceptive Communication Pty LtdThe Global Data Company Pty. Ltd.Veda Advantage Information Services and Solutions Limited |\n\n (2) For item 4 of the table in subsection 90B (4) of the Act, the provision to a prescribed authority of the information mentioned in that item is authorised.\n\n#### 8 Permitted purposes for use of information: prescribed authorities\n\n For paragraph 91A (2AA) (b) of the Act, the purposes mentioned in an item of Schedule 1 are permitted purposes for the prescribed authority mentioned in the item.\n\n#### 8A Permitted purposes for use of information: Australian Red Cross Blood Service\n\n For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for the Australian Red Cross Blood Service:\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a);\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.\n\n#### 9 Permitted purposes for use of information: other persons or organisations\n\n (1) For paragraph 91A (2A) (c) of the Act, the following purposes are prescribed for a person or organisation that conducts medical research or provides a health screening program:\n (a) the conduct of medical research in accordance with the Guidelines for the Protection of Privacy in the Conduct of Medical Research:\n (i) issued by the National Health and Medical Research Council under subsection 95 (1) of the Privacy Act 1988; and\n (ii) published in the Gazette on 22 March 2000;\n (b) the provision of a public health screening program:\n (i) approved by the Secretary of the Department of Health and Aged Care; and\n (ii) conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular reference to Privacy and the Management of Personal Information:\n (A) issued by the Department of Human Services and Health; and\n (B) published in the Gazette on 1 December 1993.\n (2) For paragraph 91A (2B) (c) of the Act, the conduct of the election of delegates to the 2012 and 2013 Northern Territory Constitutional Convention is a permitted purpose.\n\n#### 13 Provisional enrolment by applicant for citizenship—prescribed electors\n\n For subparagraph 99B (4) (b) (i) of the Act and subparagraph 38 (4) (b) (i) of the Referendum (Machinery Provisions) Act, the classes of electors mentioned in Schedule 2 are prescribed.\n\n#### 13A Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n (1) For subsection 382 (7) of the Act, the requirements that must be satisfied are:\n (a) that the person include his or her date of birth on the claim or notice; and\n (b) that the person include his or her driver’s licence number on the claim or notice.\n (2) In this regulation:\n\n> claim or notice means a claim, application, notice, objection, request or other communication that is required or permitted to be sent to the Electoral Commissioner under any of the following provisions:\n\n (a) Part VII of the Act;\n (b) Part VIII of the Act, other than:\n (i) subsection 98 (3); and\n (ii) subsection 99A (5); and\n (iii) subsection 99B (3); and\n (iv) subsection 104 (3);\n (c) section 184A of the Act;\n (d) section 249 of the Act.\n\n## Part III—Electoral and Referendum\n\n### Division 1—Conduct of Elections and Referendums\n\n#### 40 State referendum or vote (Act, s 394)\n\n (1) This regulation applies if:\n (a) the Governor‑General has authorised a State vote to be held or taken on the day appointed as polling day for a Commonwealth vote; and\n (b) there is an arrangement between the Electoral Commission and the electoral authority of the State for the Electoral Commission to conduct the State vote.\n (2) An officer who performs functions in relation to the Commonwealth vote may perform functions in relation to the State vote.\n (3) Polling booths, ballot boxes and other facilities provided, and machinery or arrangements established, for the Commonwealth vote may be used for the State vote.\n (4) Ballot papers for declaration votes in the State vote may be put in the envelopes used for ballot papers for declaration votes in the Commonwealth vote.\n (5) Ballot papers used for the State vote may be placed in the ballot boxes used for the Commonwealth vote.\n (6) In this regulation:\n\n> Commonwealth vote means:\n\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives; or\n (c) a by‑election to elect a member of the House of Representatives; or\n (d) a referendum held under the Referendum (Machinery Provisions) Act 1984.\n\n> State has the meaning given by section 394 of the Act.\n\n> State vote means an election, referendum or vote of the electors of a State or part of a State to be held or taken under a law of the State.\n\n### Division 2—Electronically assisted voting for sight‑impaired people\n\n#### 41 Definitions for Division 2\n\n In this Division:\n\n> authorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subregulation 42 (1).\n\n> call centre operator means a person who:\n\n (a) works in an authorised call centre; and\n (b) is a pre‑poll voting officer under subsection 4 (1) of the Act.\n\n> electronically assisted vote means a vote cast using the electronically assisted voting method.\n\n> electronically assisted voting means voting by an electronically assisted vote.\n\n> electronically assisted voting method means the procedures determined under subregulation 46 (1) for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> officer means an officer mentioned in subsection 202A (2) of the Act.\n\n> reference Roll means a Roll that may be consulted by an officer if a voter wishes to vote by an electronically assisted vote.\n\n> registered sight‑impaired voter means a sight‑impaired person who is registered with the Electoral Commissioner for the purpose of voting by an electronically assisted vote.\n\n> sight‑impaired person has the meaning given by section 202AA of the Act.\n\n> Note: certified list of voters is defined in subsection 4 (1) of the Act.\n\n#### 42 Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres to receive telephone calls from sight‑impaired persons who wish to:\n (a) register for the purpose of being eligible to vote by an electronically assisted vote; or\n (b) vote by an electronically assisted vote.\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purpose of:\n (a) registering a sight‑impaired person for the purpose of being eligible to vote by an electronically assisted vote; and\n (b) assisting a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Example\n\n> Note: Statements and responses that allow call centre operators to explain to a sight‑impaired person how to register or vote.\n\n#### 43 Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter; and\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered sight‑impaired voter.\n\n> Note: The procedures may include requirements for the person to:\n\n (a) be on an approved list of voters, a certified list of voters or a reference Roll; and\n (b) affirm that he or she is sight‑impaired.\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person who wishes to apply to be registered by the Electoral Commissioner as a registered sight‑impaired voter must:\n (a) contact an authorised call centre on a day and time determined under paragraph (1) (a); and\n (b) comply with the procedures determined under paragraph (1) (b).\n (4) The Electoral Commissioner must:\n (a) register a person who complies with subregulation (3) as a registered sight‑impaired voter; and\n (b) make and keep a register for that purpose.\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (5) A registered sight‑impaired voter may vote by an electronically assisted vote at:\n (a) a general election; and\n (b) a Senate election; and\n (c) a by‑election; and\n (d) a referendum.\n\n#### 44 Who is entitled to vote by an electronically assisted vote\n\n (1) The Electoral Commissioner:\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available; and\n (b) must determine, in writing, procedures for assessing whether a person is a registered sight‑impaired voter; and\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\n> Note: Example for paragraph (b)\n\n> Note: If a call centre operator is not satisfied that a person is the registered sight‑impaired voter whose name the person has used, the procedures may include a requirement for the operator to ask the person one or more questions about information provided on an approved list of voters, a certified list of voters or a reference Roll about the voter whose name the person has used.\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A person is entitled to vote by an electronically assisted vote if:\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting is available; and\n (b) the person informs a call centre operator that the person wishes to vote by an electronically assisted vote; and\n (c) a call centre operator is satisfied that the person is a registered sight‑impaired voter; and\n (d) the person’s name is on an approved list of voters, a certified list of voters or a reference Roll.\n (4) A person is not entitled to vote by an electronically assisted vote if:\n (a) the person does not call an authorised call centre on a day on which and at a time when electronically assisted voting is available; or\n (b) a call centre operator is not satisfied that the person is a registered sight‑impaired voter after complying with the procedures for assessing whether the person is a registered sight‑impaired voter; or\n (c) the person’s name is not on an approved list of voters, a certified list of voters or a reference Roll; or\n (d) the person refuses to answer a question asked in accordance with subregulation 45 (2); or\n (e) the person answers Question 3 in subregulation 45 (2) in the affirmative; or\n (f) the person has already voted; or\n (g) the person is provisionally enrolled; or\n (h) on the basis of any of the person’s answers to questions mentioned in regulation 45, a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n (i) the person does not otherwise comply with the procedures for:\n (i) assessing whether the person is a registered sight‑impaired voter; or\n (ii) voting by an electronically assisted vote.\n\n> Note: The person may be eligible to vote by an assisted provisional vote on polling day or an assisted pre‑poll vote.\n\n#### 45 Electronically assisted voting—questions to be put to person\n\n (1) If a person requests an electronically assisted vote, a call centre operator must be satisfied that the person is a registered sight‑impaired voter in accordance with the procedures determined under paragraph 44 (1) (b).\n\n> Note: The person will have a personal identification number and a registration number for requesting an electronically assisted vote.\n\n (2) If the person is a registered sight‑impaired voter, a call centre operator must then ask the person the appropriate question from the following questions:\n (1) Have you voted before in this election?\n (2) Have you voted before in these elections?\n (3) Have you voted before in this by‑election?\n (4) Have you voted before in this referendum?\n\n#### 46 Enabling registered sight‑impaired voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered sight‑impaired voter to vote by an electronically assisted vote.\n\n> Note: Examples\n\n1 The procedures may require a call centre operator to ensure that the voter:\n\n (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the voter would be given if the voter were voting under Part XVI of the Act; and\n (b) is able to indicate the voter’s vote in a way that, if the voter were marking a ballot paper, would satisfy the requirements of section 239 or 240 of the Act.\n\n> Note: 2 The procedures may permit the voter’s ballot papers to be checked to ensure that they have been marked in accordance with the voter’s instructions (if any).\n\n (2) A determination under subregulation (1) is not a legislative instrument.\n (3) A call centre operator who is satisfied that a registered sight‑impaired voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subregulation (1).\n (4) The voter may tell the call centre operator how the voter wants the ballot papers to be marked.\n (5) If the voter tells the call centre operator how the voter wants the ballot papers to be marked, the call centre operator must:\n (a) initial the voter’s ballot papers on the top front of each ballot paper; and\n (b) mark the voter’s ballot papers in accordance with the voter’s instructions; and\n (c) read the voter’s voting preferences back to the voter; and\n (d) put the voter’s ballot papers in an envelope marked with the name of the voter’s Division; and\n (e) place the envelope in a ballot box used at the authorised call centre for electronically assisted voting.\n\n#### 47 Requirements relating to ballot boxes\n\n The requirements in relation to ballot boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act, other than section 73CR, are taken to apply to ballot boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were ordinary pre‑poll voting.\n\n#### 48 Role of scrutineers—authorised call centre\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one scrutineer to attend an authorised call centre for the purpose of monitoring the duties of call centre operators.\n (2) The appointment of a scrutineer must be made by notice, in writing:\n (a) addressed to the Returning Officer; and\n (b) signed by the candidate; and\n (c) stating the scrutineer’s name and address.\n (3) A scrutineer who has not complied with subsection 202A (3) of the Act must not attend an authorised call centre to discharge a scrutineer’s functions.\n (4) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer attempts to interfere with the duties of a call centre operator or an Assistant Returning Officer.\n Penalty: 5 penalty units.\n (5) A scrutineer commits an offence if:\n (a) the scrutineer attends an authorised call centre; and\n (b) the scrutineer communicates with a person in the authorised call centre; and\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n Penalty: 5 penalty units.\n\n#### 49 Record of electronically assisted votes\n\n (1) The Electoral Commissioner must make a record of an electronically assisted vote.\n (2) The record of an electronically assisted vote must be:\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n (ii) the Division in which the voter is enrolled to vote.\n (3) If the record is in the form mentioned in paragraph (2) (b):\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the voter is enrolled to vote; and\n (b) the Divisional Returning Officer must place a mark beside the voter’s name on an approved list of voters or a certified list of voters.\n\n#### 50 What must be done with the voter’s ballot papers\n\n (1) As soon as the close of the poll for all Divisions, an Assistant Returning Officer must:\n (a) open each ballot box mentioned in paragraph 46 (5) (e); and\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n (2) An Assistant Returning Officer must forward each bundle to a Divisional Returning Officer for the appropriate Division for the conduct of a scrutiny.\n (3) A person commits an offence if the person:\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n (b) performs a duty mentioned in subregulation (1) or (2).\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 51 Scrutiny of ballot papers\n\n (1) For the purpose of conducting a scrutiny of the ballot papers forwarded by the Assistant Returning Officer under subregulation 50 (2), the Divisional Returning Officer must conduct the scrutiny.\n (2) The procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n (c) it is irrelevant that the voter did not complete the ballot paper personally; and\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person.\n (3) A person commits an offence if the person:\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n (b) conducts the scrutiny.\n Penalty: 5 penalty units.\n (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 52 Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n (a) interferes with a voter while the voter votes by an electronically assisted vote; or\n (b) communicates with a voter who votes by an electronically assisted vote about the voter’s vote; or\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is a call centre operator who is assisting the voter to vote.\n\n#### 53 Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n (a) he or she destroys or interferes with:\n (i) a computer program; or\n (ii) a data file; or\n (iii) an electronic device; and\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 5 penalty units.\n\n (2) For subregulation (1), it is a defence if the person is an officer acting in the course of his or her duties.\n\n### Division 7—Enforcement of law in relation to compulsory voting\n\n#### 81 Proceedings in Court on failure of elector to vote\n\n (1) In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) of the Act or subsection 45 (14) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.\n (2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.\n\n#### 83 Evidence in Court of summary jurisdiction\n\n (1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.\n (2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.\n (3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.\n\n## Part IV—Application and transitional provisions\n\n#### 84 Application—use of information by the ATO and Treasury\n\n The amendments of the table in Schedule 1 to these Regulations by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply in relation to the use of information by a person or organisation after those amendments commence, whether the information is given to the person or organisation before or after that time.","sortOrder":31},{"sectionNumber":"81","sectionType":"section","heading":"Proceedings in Court on failure of elector to vote","content":"#### 81 Proceedings in Court on failure of elector to vote\n\n (1) In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) of the Act or subsection 45 (14) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.\n (2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.","sortOrder":32},{"sectionNumber":"83","sectionType":"section","heading":"Evidence in Court of summary jurisdiction","content":"#### 83 Evidence in Court of summary jurisdiction\n\n (1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.\n (2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.\n (3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.","sortOrder":33},{"sectionNumber":"Part IV","sectionType":"part","heading":"Application and transitional provisions","content":"## Part IV—Application and transitional provisions","sortOrder":34},{"sectionNumber":"84","sectionType":"section","heading":"Application—use of information by the ATO and Treasury","content":"#### 84 Application—use of information by the ATO and Treasury\n\n The amendments of the table in Schedule 1 to these Regulations by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply in relation to the use of information by a person or organisation after those amendments commence, whether the information is given to the person or organisation before or after that time.","sortOrder":35}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations incorporate and record that amendments to the table in Schedule 1 made by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply to the use of information by a person or organisation after those amendments commence, regardless of when the information was given (reg 84). Mechanically, that broadens the temporal application of the authorised uses in Schedule 1 so that information provided before the amendment may be used under the amended permitted purposes once the amendment commences (reg 84)."},"complexity_factors":["Cross-references to multiple Acts (Commonwealth Electoral Act 1918; Referendum (Machinery Provisions) Act 1984) and reliance on schedules for important lists (regs 5, 5A, 7).","Significant operational discretion vested in the Electoral Commissioner through written determinations that are explicitly not legislative instruments (regs 42, 43(1), 44(1), 46(1)).","Detailed procedural requirements for a new voting channel (electronically assisted voting) that interact with existing Parts of the Act (procedures, recordkeeping, scrutiny, ballot handling) (regs 41–51).","Named commercial recipients authorised to receive roll information and permitted-purpose rules that reference external guidelines and approvals (reg 7, regs 8–9).","Multiple offence provisions with monetary penalties and some strict liability offences (regs 48, 50–53), increasing legal risk for individuals and staff.","Transitional and retrospective application language for Schedule 1 amendments (reg 84) which affects data use timing and application.","Interlocking administrative roles (Electoral Commissioner, Returning Officers, Divisional Returning Officers, Assistant Returning Officers, call centre operators, scrutineers) with specific duties and limitations throughout the instrument (regs 42–51, 48)."],"plain_english_summary":"What this instrument is and does\n\n- Name and scope: These are the Electoral and Referendum Regulations 1940. They sit under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 and set detailed procedural rules for enrolment, use of roll information, the conduct of certain votes, and a system for electronically assisted voting for sight‑impaired people (see regs 1, 5, 5A, Division 2).\n\nKey practical changes and who must act\n\n- Repeal: The Regulations repeal an earlier set of Electoral and Referendum Regulations (reg 3).\n\n- Who decides and what they must do: The Electoral Commissioner is required to make a number of written determinations and arrangements (for example, establishment of call centres, days/times and procedures for registration and for electronically assisted voting) but those determinations are expressly not legislative instruments (regs 42, 43(1), 44(1), 46(1)). This gives the Commissioner operational discretion to set detailed procedures for implementation (see regs 42–46).\n\n- Enrolment and rolls: The Regulations prescribe how a Roll may show a person is not enrolled (a circle before name) (reg 6). They prescribe who may receive information from Rolls or certified lists of voters under the Act — including a generic class \"prescribed authority\" (as listed in Schedule 1) and named private organisations such as ACXIOM Australia Pty Limited, Betfair Pty Limited, Perceptive Communication Pty Ltd, The Global Data Company Pty Ltd, Veda Advantage Information Services and Solutions Limited, and Experian Asia Pacific Pty Ltd for particular items (reg 7(1) and (2)).\n\n- Permitted uses of roll information: The Regulations list permitted purposes for recipients in Schedule 1 and provide standalone permitted purposes for some organisations: the Australian Red Cross Blood Service (contacting donors and transfusion recipients in certain infection/adverse‑reaction scenarios) (reg 8A); and persons/organisations conducting medical research or public health screening subject to published guidelines and approval requirements (reg 9). The Regulations also record that amendments to Schedule 1 made by the Foreign Acquisitions and Takeovers Legislation Amendment Regulation 2015 apply to uses of information after those amendments commence, regardless of when the information was given (reg 84).\n\nElectronically assisted voting for sight‑impaired people (mechanics)\n\n- Infrastructure and staff: The Electoral Commissioner must establish one or more authorised call centres and may approve forms and documents for registration and assistance (reg 42). Call centre operators must be pre‑poll voting officers (reg 41 definition & reg 42(2)).\n\n- Registration and entitlement: A sight‑impaired person may apply to be registered as eligible for electronically assisted voting; the Commissioner must keep a register and give registrants a personal identification number and registration number (regs 43–44). A person may vote by this method only if they call an authorised call centre when voting is available, are verified as a registered sight‑impaired voter, and the voter’s name appears on an approved list, certified list or reference Roll (reg 44(3)). The Regulations set out specific reasons that would make a person ineligible (reg 44(4)).\n\n- How votes are made and handled: The Commissioner must set procedures for how a registered sight‑impaired voter is enabled to vote; under those procedures a call centre operator may initial and mark the voter’s ballot papers according to the voter’s instructions, read the preferences back, envelope the ballot papers by Division and place them in a ballot box at the call centre (reg 46(1), (4)–(5)). The Regulations also require records of electronically assisted votes to be made and forwarded to Divisional Returning Officers for marking on lists (reg 49), and prescribe how ballot envelopes are opened, bundled and sent for scrutiny after close of poll (reg 50).\n\n- Scrutiny and secrecy adjustments: Scrutiny of these votes follows Part XVIII procedures with specific modifications (for example, treating such votes as pre‑poll ordinary votes and making it irrelevant that the voter did not complete the ballot paper personally) (reg 51).\n\n- Oversight and offences: Candidates may appoint one scrutineer to attend a call centre (reg 48). The Regulations create specific offences with penalties (usually 5 penalty units) for wrong conduct: interfering with voters, improper communication by scrutineers, unauthorised persons performing duties, destruction or interference with software/hardware/data used for electronically assisted voting (regs 48(4)–(5), 50(3), 51(3), 52, 53). Some offences are strict liability (regs 50(4), 51(4)). Defences exist where actions are undertaken by officers in the course of duties or by call centre operators assisting voters (regs 52(2), 53(2)).\n\nEnforcement in relation to compulsory voting\n\n- Court procedure: In prosecutions for failure to vote, the Divisional Returning Officer must send the elector’s reply to the court and the court must consider it as if given in evidence (reg 81). A prosecuting officer may rely on lodging a statutory declaration and a certified extract so the officer need not attend the hearing; the court may proceed in the officer’s absence and treat those documents as evidence (reg 83).\n\nWho pays, who benefits, who bears burdens (mechanics, incentives and compliance points)\n\n- Who decides: The Electoral Commissioner makes the operational determinations (call centres, times, verification and voting procedures) (regs 42–46). Returning Officers and Divisional Returning Officers have duties to receive records and conduct scrutiny (regs 49–51).\n\n- Who pays / bears operational cost: The Regulations require actions to be taken by the Electoral Commissioner, Returning Officers and Assistant Returning Officers (see regs 42–46, 49–51). The text does not set out a new funding source; the practical effect is that the electoral administration (the Commission and its officers) will carry the implementation and operational costs of call centres, recordkeeping and the scrutiny process (regs 42–51).\n\n- Concentrated benefits and access: The Regulations name specific private organisations as authorised recipients of roll information for particular items (reg 7(1)). That materially narrows which private entities are authorised for those uses and concentrates data access on listed organisations (reg 7).\n\n- Compliance and administrative burden: Entities and individuals must follow procedural rules for registration, verification and recordkeeping (regs 43–46, 49–51). Scrutineers must satisfy statutory requirements before attending and must follow limits on communication and conduct (reg 48). Offences carry penalties and, for some, strict liability (regs 48, 50–53).\n\n- Discretion and implementation risk: The Commissioner’s determinations (about days/times, procedures and approved forms) are not legislative instruments and so are administrative instruments implemented by the Commission; that concentrates implementation discretion within the electoral administration and creates reliance on administrative procedures rather than parliamentary rules (regs 43(2), 44(2), 46(2)). That discretion shapes how the permitted mechanisms operate in practice.\n\nTransitional application recorded in the instrument\n\n- The Regulations state that amendments to Schedule 1 made by a 2015 amendment regulation apply to uses of information after those amendments commence irrespective of when the information was given (reg 84)."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2153},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly from their original 1940 electoral administration purpose. They now authorise the sharing of voter roll data with private commercial entities (data brokers, betting companies), medical research bodies, the Red Cross for blood safety tracing, and foreign investment compliance authorities (ATO/Treasury). This represents a major expansion into data brokerage, public health management, and foreign investment regulation well beyond the core conduct of elections."},"complexity_factors":["Extensive cross-referencing to primary legislation (Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984)","Nested exceptions in regulation 13A(2) excluding four specific subsections from signature requirements","Multi-layered conditional logic for electronically assisted voting eligibility (regulation 44 contains 9 separate disqualifying conditions)","Table-based prescription of specific commercial entities authorised to receive voter information (regulation 7)","Incorporation of external legislative definitions and instruments (e.g., 'Australia's Foreign Investment Framework', NHMRC privacy guidelines)","Strict liability criminal offences (5 penalty units) for procedural violations in voting processes"],"plain_english_summary":"These regulations are the operational rulebook for how federal elections and referendums are run in Australia. They fill in the practical details left open in the Commonwealth Electoral Act 1918.\n\n**Key things these rules cover:**\n\n**Enrolment and the Electoral Roll**\n- How the Electoral Commission marks people who aren't enrolled (with a circle before their name)\n- Special enrolment rules for people applying for citizenship\n- When you don't need to sign an enrolment form (if you provide your date of birth and driver's licence number instead)\n\n**Who Can See Your Voter Details**\nThe regulations allow the Electoral Commission to give voter roll information to specific organisations for specific purposes:\n- **Commercial data companies** (like ACXIOM, Experian, Veda) for identity verification and fraud prevention\n- **The Australian Red Cross Blood Service** to track down donors or recipients in blood safety emergencies (e.g., if someone tests positive for an infection)\n- **Medical researchers and health screening programs** (under strict privacy guidelines)\n- **Foreign investment authorities** (ATO and Treasury) for compliance with foreign investment laws\n\n**Voting for Blind and Sight-Impaired People**\n- Sets up a telephone voting system using call centres\n- Sight-impaired voters can register, then vote by phone with an operator marking their ballot paper according to their instructions\n- Includes strict rules to prevent fraud (scrutineers can monitor, but cannot interfere)\n- Makes it a criminal offence to interfere with electronic voting or find out how someone voted\n\n**Joint State and Commonwealth Voting**\n- When State and Federal elections happen on the same day, they can share polling booths, ballot boxes and staff\n\n**Compulsory Voting Enforcement**\n- How courts handle fines for not voting: the Electoral Commission sends the voter's excuse letter to the court, and the prosecutor doesn't need to attend if they file a statutory declaration"}},"importantCases":[],"_links":{"self":"/api/acts/electoral-and-referendum-regulations-1940","history":"/api/acts/electoral-and-referendum-regulations-1940/history","analysis":"/api/acts/electoral-and-referendum-regulations-1940/analysis","conflicts":"/api/acts/electoral-and-referendum-regulations-1940/conflicts","importantCases":"/api/acts/electoral-and-referendum-regulations-1940/important-cases","documents":"/api/acts/electoral-and-referendum-regulations-1940/documents"}}