{"id":"F2026L00295","name":"Electoral and Referendum Regulations 2026","slug":"electoral-and-referendum-regulations-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443216,"registerId":"F2026L00295-fast-fetch-1775958111326","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electoral and Referendum Regulations 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nElectoral and Referendum Regulations 2026\n\nI, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated  19 March 2026\n\nSam Mostyn AC\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nDon Farrell\n\nSpecial Minister of State\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Simplified outline of this instrument\n\n5 Schedule 3\n\n6 Definitions\n\nPart 2—Electoral roll matters\n\n7 Simplified outline of this Part\n\n8 Prescribed authorities\n\n9 Arrangements with States—form of Roll\n\n10 Authorisation of provision of information to a prescribed authority\n\n11 Permitted purposes for use of information—prescribed authorities\n\n12 Permitted purposes for use of information—Commonwealth funded blood service\n\n13 Permitted purpose for use of information—Australian Consortium for Social and Political Research Incorporated\n\n14 Permitted purposes for use of information—other persons or organisations\n\nPart 3—Enrolment matters\n\n15 Simplified outline of this Part\n\n16 Additional evidence of identity requirements\n\n17 Provisional enrolment by applicant for citizenship—prescribed electors\n\n18 Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\nPart 4—Electronically assisted voting methods\n\n19 Simplified outline of this Part\n\n20 Purpose of Part\n\n21 Authorised call centres\n\n22 Registration\n\n23 Electoral Commissioner to make arrangements relating to electronically assisted voting\n\n24 Voting by electronically assisted vote\n\n25 Enabling registered electronically assisted voter to vote\n\n26 Requirements relating to ballot‑boxes\n\n27 Scrutineers at authorised call centres\n\n28 Offences—interference and communication by scrutineers\n\n29 Recording of names of electronically assisted voters\n\n30 Sorting and forwarding of ballot papers\n\n31 Scrutiny of ballot papers\n\n32 Offences related to electronically assisted voting\n\n33 Protection of electronic voting hardware or software\n\nPart 5—Application and transitional matters\n\nDivision 1—Provisions relating to the commencement of this instrument\n\n34 Applications made before commencement\n\n35 Electronically assisted voting\n\n36 Transitional arrangements—prescribed authorities and permitted purposes\n\nSchedule 1—Prescribed authorities and permitted purposes for use of information\n\n1 Prescribed authorities and permitted purposes for use of information\n\nSchedule 2—Prescribed electors\n\n1 Prescribed classes of electors—applications for provisional enrolment by persons about to become Australian citizens\n\nSchedule 3—Repeals\n\nElectoral and Referendum Regulation 2016\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Electoral and Referendum Regulations 2026.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 21 March 2026\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the following:\n\n (a) the Commonwealth Electoral Act 1918;\n\n (b) the Referendum (Machinery Provisions) Act 1984.\n\n4  Simplified outline of this instrument\n\nThis instrument complements the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 by:\n\n (a) prescribing matters relating to the use and marking of electoral Rolls; and\n\n (b) prescribing matters relating to enrolment and provisional enrolment; and\n\n (c) providing electronically assisted voting methods to enable sight‑impaired persons and Antarctic electors to vote.\n\n5  Schedule 3\n\n  Each instrument that is specified in Schedule 3 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.\n\n6  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act or the Referendum (Machinery Provisions) Act, including the following:\n\n(a) approved list;\n\n(b) certified list of voters;\n\n(c) Electoral Commissioner;\n\n(d) prescribed authority;\n\n(e) Roll.\n\n  In this instrument:\n\nAct means the Commonwealth Electoral Act 1918.\n\nauthorised call centre means a call centre established in accordance with arrangements made by the Electoral Commissioner under subsection 21(1).\n\ncall centre operator means a person who:\n\n (a) works in an authorised call centre; and\n\n (b) is a pre‑poll voting officer under subsection 4(1) of the Act or subsection 73(1) of the Referendum (Machinery Provisions) Act.\n\nelectronically assisted vote means a vote cast by a registered electronically assisted voter using the electronically assisted voting methods set out in Part 4.\n\nelectronically assisted voting means voting by an electronically assisted voting method set out in Part 4.\n\nmedicare card has the same meaning as in Part VII of the National Health Act 1953.\n\nmedicare number has the same meaning as in Part VII of the National Health Act 1953.\n\nreferendum has the same meaning as in the Referendum (Machinery Provisions) Act.\n\nReferendum (Machinery Provisions) Act means the Referendum (Machinery Provisions) Act 1984.\n\nregistered electronically assisted voter means:\n\n (a) a sight‑impaired person; or\n\n (b) an Antarctic elector;\n\nwho is registered by the Electoral Commissioner under subsection 22(3) for the purpose of voting by an electronically assisted vote.\n\nNote: Sight‑impaired person has the meaning given by section 202AA of the Act.\n\nscrutineer means a person appointed as a scrutineer under subsection 27(1) or (2).\n\nPart 2—Electoral roll matters\n\n \n\n7  Simplified outline of this Part\n\nThis Part prescribes matters in relation to electoral Rolls, including by providing that certain persons are prescribed authorities who may be given, and use, electoral Roll information for prescribed purposes.\n\n8  Prescribed authorities\n\n  For the purposes of the definition of prescribed authority in subsection 4(1) of the Act, the Agencies and authorities of the Commonwealth mentioned in the column headed “Agency or authority” of the table in clause 1 of Schedule 1 to this instrument are specified.\n\nNote: The table also prescribes permitted purposes for which a prescribed authority may use certain information (see section 11).\n\n9  Arrangements with States—form of Roll\n\n  For the purposes of paragraph 84(2)(a) of the Act, the prescribed manner to 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\n10  Authorisation of provision of information to a prescribed authority\n\n  For the purposes of 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\n11  Permitted purposes for use of information—prescribed authorities\n\n  For the purposes of paragraph 91A(2AA)(b) of the Act, the purposes mentioned in an item of the table in clause 1 of Schedule 1 to this instrument are permitted purposes for the prescribed authority mentioned in the item.\n\nNote: See also section 8 (prescribed authorities).\n\n12  Permitted purposes for use of information—Commonwealth funded blood service\n\n  For the purposes of paragraph 91A(2A)(c) of the Act, the following purposes are prescribed for a blood service funded by the Commonwealth:\n\n (a) contacting any blood donor who has tested positive for a blood‑borne infection;\n\n (b) contacting any person who has received a transfusion of blood donated by a person mentioned in paragraph (a) of this section;\n\n (c) contacting any donor whose blood was transfused to a person who has since tested positive for a blood‑borne infection;\n\n (d) contacting any donor whose blood was transfused to a person who has had a suspected adverse reaction to the blood.\n\n13  Permitted purpose for use of information—Australian Consortium for Social and Political Research Incorporated\n\n  For the purposes of paragraph 91A(2A)(c) of the Act, the purpose of inviting persons to participate in the Australian Survey of Social Attitudes is prescribed for the Australian Consortium for Social and Political Research Incorporated.\n\n14  Permitted purposes for use of information—other persons or organisations\n\n  For the purposes of 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\n (a) the conduct of medical research in accordance with guidelines issued under section 95 of the Privacy Act 1988;\n\n (b) the provision of a population‑based health screening program funded (in whole or in part) by the Commonwealth.\n\nPart 3—Enrolment matters\n\n \n\n15  Simplified outline of this Part\n\nThis Part provides for matters related to enrolment and provisional enrolment for the purposes of Part VIII and section 382 of the Act.\n\n16  Additional evidence of identity requirements\n\n  For the purposes of paragraph 98AA(2)(d) of the Act, the following kinds of evidence of a person’s identity are prescribed:\n\n (a) the evidence number included in a notice given to the person under section 37 of the Australian Citizenship Act 2007;\n\n (b) if the person is covered by a medicare card—the person’s medicare number.\n\n17  Provisional enrolment by applicant for citizenship—prescribed electors\n\n  For the purposes of 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 the table in clause 1 of Schedule 2 to this instrument are prescribed.\n\n18  Enrolment‑related claims or notices do not have to be signed in certain circumstances\n\n  For the purposes of subsection 382(7) of the Act, the requirement is that the person include on the claim or notice:\n\n (a) the person’s date of birth; and\n\n (b) one of the following:\n\n (i) if the person holds a driver’s licence issued under the law of a State or Territory, or a law in force in Norfolk Island—the number of that driver’s licence;\n\n (ii) if the person holds an Australian passport—the number of that Australian passport;\n\n (iii) the evidence number included in a notice given to the person under section 37 of the Australian Citizenship Act 2007;\n\n (iv) if the person is covered by a medicare card—the person’s medicare number.\n\nPart 4—Electronically assisted voting methods\n\n \n\n19  Simplified outline of this Part\n\nSight‑impaired persons and Antarctic electors may register for, and vote using, electronically assisted voting methods.\n\nThe Electoral Commissioner must arrange for the establishment of authorised call centres for the purposes of the registration of, and voting by, such voters.\n\nThe Electoral Commissioner must determine the procedures to be followed by a call centre operator at an authorised call centre.\n\nCall centre operators must follow those procedures to ensure that a person who claims to be a registered electronically assisted voter entitled to vote in a particular election or referendum is, in fact, that voter.\n\nA candidate for an election, or a person who may appoint scrutineers in relation to a referendum, may appoint scrutineers to attend an authorised call centre to monitor electronically assisted voting.\n\n20  Purpose of Part\n\n  This Part provides for electronically assisted voting methods for the purposes of:\n\n (a) Part XVB of the Act; and\n\n (b) Part IVB of the Referendum (Machinery Provisions) Act.\n\n21  Authorised call centres\n\n (1) The Electoral Commissioner must make arrangements for the establishment of one or more call centres for the purposes of enabling sight‑impaired persons or Antarctic electors to:\n\n (a) register for the purpose of voting by an electronically assisted vote; or\n\n (b) vote by an electronically assisted vote.\n\n (2) The Electoral Commissioner may approve forms and other documents to be used by call centre operators and other officers for the purposes of:\n\n (a) registering a sight‑impaired person or Antarctic elector as eligible to vote by an electronically assisted vote; and\n\n (b) assisting a registered electronically assisted voter to vote by an electronically assisted vote.\n\nNote 1: Sight‑impaired person has the meaning given by section 202AA of the Act.\n\nNote 2:  Examples of other documents that may be approved are statements and responses that allow call centre operators to explain to a sight‑impaired person or Antarctic elector how to register or vote.\n\n22  Registration\n\n (1) The Electoral Commissioner must determine, in writing:\n\n (a) the days on which and times when a person may apply to be registered by the Electoral Commissioner as a registered electronically assisted voter; and\n\n (b) procedures for assessing whether a person may be registered by the Electoral Commissioner as a registered electronically assisted voter.\n\nNote: The procedures may include requirements for the person to:\n\n(a) be on an approved list of voters or a certified list of voters for a particular Division; and\n\n(b) affirm that the person is sight‑impaired or an Antarctic elector.\n\n (2) A sight‑impaired person or Antarctic elector who wishes to apply to be registered by the Electoral Commissioner as a registered electronically assisted voter must:\n\n (a) contact an authorised call centre on a day and time determined under paragraph (1)(a); and\n\n (b) comply with the procedures determined under paragraph (1)(b).\n\n (3) The Electoral Commissioner must:\n\n (a) register a person who complies with subsection (2) as a registered electronically assisted voter; and\n\n (b) make and keep a register for that purpose.\n\n23  Electoral Commissioner to make arrangements relating to electronically assisted voting\n\n  The Electoral Commissioner:\n\n (a) must determine, in writing, the days on which and times when electronically assisted voting is to be available for an election or referendum; and\n\n (b) must determine, in writing, procedures for a call centre operator to use in assessing whether a person is a registered electronically assisted voter; and\n\n (c) may give directions to officers in relation to requests for voting by an electronically assisted vote.\n\nNote: For paragraph (b), the procedures may, for example, include a requirement that the call centre operator must, if not satisfied that a person is the registered electronically assisted voter whose name the person has used, ask the person one or more questions about the voter using information provided on an approved list of voters or a certified list of voters that includes the name of the voter.\n\n24  Voting by electronically assisted vote\n\nElections and referendums at which electronically assisted voting is available\n\n (1) Subject to subsections (2) and (3), a registered electronically assisted voter is entitled to vote by an electronically assisted vote at any of the following in which the voter is otherwise entitled to vote:\n\n (a) a general election;\n\n (b) a Senate election;\n\n (c) a by‑election;\n\n (d) a referendum.\n\nNote 1: Subsection 4(1) of the Referendum (Machinery Provisions) Act deals with a person’s entitlement to vote at a referendum.\n\nNote 2: For paragraph (c), by‑election is defined in section 202AA of the Act.\n\nWhen registered electronically assisted voter may vote by electronically assisted vote\n\n (2) Subject to subsection (3), a person who is a registered electronically assisted voter may vote by an electronically assisted vote at an election or referendum only if:\n\n (a) the person calls an authorised call centre on a day on which and at a time when electronically assisted voting for the election or referendum is available; and\n\n (b) the person tells a call centre operator that the person wishes to vote in the election or referendum by way of an electronically assisted vote; and\n\n (c) the call centre operator is satisfied, in accordance with the procedures determined under paragraph 23(b), that the person is a registered electronically assisted voter; and\n\n (d) the person’s name is on an approved list of voters or a certified list of voters; and\n\n (e) if the election is for a member of the House of Representatives for a Division—the list mentioned in paragraph (d) is for the Division; and\n\n (f) if the election is a Senate election for a State or Territory—the list mentioned in paragraph (d) is for a Division that is included in the State or Territory.\n\nPersons ineligible for electronically assisted voting\n\n (3) A person is not entitled to vote by an electronically assisted vote at an election or referendum if:\n\n (a) the person is not a registered electronically assisted voter; or\n\n (b) the person refuses to fully answer a question asked by a call centre operator in accordance with the procedures determined under paragraph 23(b); or\n\n (c) the person answers a question asked in accordance with subsection 25(3) in a way that indicates the person has already voted in the election or referendum; or\n\n (d) the person has already voted in the election or referendum; or\n\n (e) the person is provisionally enrolled; or\n\n (f) on the basis of the procedures mentioned in paragraph 23(b), a call centre operator is not satisfied that the person is the voter whose name the person has used; or\n\n (g) the person does not otherwise comply with the procedures for:\n\n (i) assessing whether the person is a registered electronically assisted voter; or\n\n (ii) voting by an electronically assisted vote.\n\n25  Enabling registered electronically assisted voter to vote\n\n (1) The Electoral Commissioner must determine, in writing, procedures for enabling a registered electronically assisted voter to vote by an electronically assisted vote.\n\nExample 1: 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\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\nExample 2: The procedures may permit a voter’s ballot paper (or papers) to be checked to ensure that they have been marked in accordance with the voter’s instructions.\n\n (2) A call centre operator who is satisfied that a registered electronically assisted voter is entitled to vote by an electronically assisted vote must assist the voter in accordance with the procedures determined under subsection (1).\n\n (3) In determining whether a registered electronically assisted voter is entitled to vote by an electronically assisted vote, the call centre operator must ask the voter whether the voter has voted before in the election or referendum (as the case requires).\n\n (4) The voter may tell a call centre operator how the registered electronically assisted voter wants the ballot paper (or ballot papers) to be marked.\n\n (5) If the registered electronically assisted voter tells a call centre operator how the voter wants the ballot paper (or papers) to be marked, the call centre operator, or another call centre operator permitted to do so by the procedures determined under subsection (1), must:\n\n (a) initial the voter’s ballot paper (or papers) on the top front of each ballot paper; and\n\n (b) mark the voter’s ballot paper (or papers) in accordance with the voter’s instructions; and\n\n (c) read the voter’s voting preferences back to the voter; and\n\n (d) put the voter’s ballot paper (or papers) in an envelope marked with the name of the voter’s Division; and\n\n (e) place the envelope in a ballot‑box used at the authorised call centre for electronically assisted voting.\n\n26  Requirements relating to ballot‑boxes\n\n (1) For an election for which electronically assisted voting is available, the requirements in relation to ballot‑boxes in Subdivision C of Division 3 of Part XVA of the Act are taken to apply to ballot‑boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were pre‑poll ordinary voting, other than:\n\n (a) subsection 200DP(2) of the Act, to the extent necessary to comply with paragraph 30(1)(a) of this instrument; and\n\n (b) section 200DR of the Act.\n\n (2) For a referendum for which electronically assisted voting is available, the requirements in relation to ballot‑boxes in Subdivision C of Division 3 of Part IVA of the Referendum (Machinery Provisions) Act are taken to apply to ballot‑boxes used at an authorised call centre for electronically assisted voting as if the electronically assisted voting were pre‑poll ordinary voting, other than:\n\n (a) subsection 73CP(2) of that Act, to the extent necessary to comply with paragraph 30(1)(a) of this instrument; and\n\n (b) section 73CR of that Act.\n\n27  Scrutineers at authorised call centres\n\nAppointment of scrutineers\n\n (1) A candidate in an election for which electronically assisted voting is available may appoint one or more persons as a scrutineer for the candidate in relation to an authorised call centre.\n\n (2) A person (the appointer) who may appoint persons to act as scrutineers under section 27 of the Referendum (Machinery Provisions) Act for a referendum for which electronically assisted voting is available may appoint one or more persons as a scrutineer for the appointer in relation to an authorised call centre.\n\n (3) The appointment of a scrutineer in relation to an authorised call centre must be made by notice, in writing:\n\n (a) addressed to the Returning Officer; and\n\n (b) signed by the candidate or the appointer (as the case requires); and\n\n (c) stating the scrutineer’s name and address.\n\nRole of scrutineer\n\n (4) A scrutineer in relation to an authorised call centre may attend the authorised call centre for the purpose of monitoring the performance of the duties of call centre operators.\n\n (5) No more than one scrutineer for a candidate or appointer in relation to an authorised call centre may attend the authorised call centre for the purposes mentioned in subsection (4) at any given time.\n\nUndertaking by scrutineers\n\n (6) A scrutineer appointed under subsection (1) must not attend an authorised call centre for the purpose mentioned in subsection (4) unless the scrutineer has:\n\n (a) signed an undertaking in the approved form for subsection 202A(3) of the Act; and\n\n (b) submitted the undertaking to the Electoral Commission.\n\n (7) A scrutineer appointed under subsection (2) must not attend an authorised call centre for the purpose mentioned in subsection (4) unless the scrutineer has:\n\n (a) signed an undertaking in the approved form for subsection 16A(3) of the Referendum (Machinery Provisions) Act; and\n\n (b) submitted the undertaking to the Electoral Commission.\n\n28  Offences—interference and communication by scrutineers\n\n (1) A scrutineer commits an offence if:\n\n (a) the scrutineer attends an authorised call centre; and\n\n (b) the scrutineer interferes with the performance of the duties of a call centre operator or an Assistant Returning Officer.\n\nPenalty: 30 penalty units.\n\n (2) A scrutineer commits an offence if:\n\n (a) the scrutineer attends an authorised call centre; and\n\n (b) the scrutineer communicates with a person in the authorised call centre; and\n\n (c) the communication is not reasonably necessary for the discharge of the scrutineer’s functions.\n\nPenalty: 30 penalty units.\n\n29  Recording of names of electronically assisted voters\n\n (1) The Electoral Commissioner must make a record of registered electronically assisted voters who cast an electronically assisted vote.\n\n (2) The record of a registered electronically assisted voter who casts an electronically assisted vote must be:\n\n (a) a mark on an approved list of voters or a certified list of voters beside the voter’s name; or\n\n (b) a record on a document other than an approved list of voters or a certified list of voters which states:\n\n (i) the voter’s name (whether or not it also states the voter’s address or date of birth); and\n\n (ii) the Division in which the voter is enrolled to vote.\n\n (3) If the record is in the form mentioned in paragraph (2)(b):\n\n (a) it must be forwarded to a Divisional Returning Officer for the Division in which the registered electronically assisted voter is enrolled to vote; and\n\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\n30  Sorting and forwarding of ballot papers\n\n (1) As soon as reasonably possible after the close of the poll for all Divisions, an Assistant Returning Officer must:\n\n (a) open each ballot‑box mentioned in paragraph 25(5)(e); and\n\n (b) sort the envelopes, unopened, into bundles corresponding to Divisions.\n\n (2) An Assistant Returning Officer must forward each bundle to the Divisional Returning Officer for the corresponding Division for the conduct of a scrutiny.\n\n (3) A person commits an offence of strict liability if the person:\n\n (a) is not an Assistant Returning Officer, or a person performing tasks under the direction of an Assistant Returning Officer; and\n\n (b) does something mentioned in subsection (1) or (2).\n\nPenalty: 5 penalty units.\n\n31  Scrutiny of ballot papers\n\n (1) The Divisional Returning Officer for a Division must conduct the scrutiny of the ballot papers for that Division forwarded by the Assistant Returning Officer under subsection 30(2).\n\n (2) For a general election, Senate election or by‑election, the procedures in Part XVIII of the Act apply to the scrutiny with the modifications necessary to ensure that:\n\n (a) no preliminary scrutiny mentioned in section 266 of the Act is to be conducted; and\n\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n\n (c) it is irrelevant that the registered electronically assisted voter did not complete the ballot paper personally; and\n\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person or Antarctic elector.\n\n (3) For a referendum, the procedures in Part VI of the Referendum (Machinery Provisions) Act apply to the scrutiny with the modifications necessary to ensure that:\n\n (a) no preliminary scrutiny mentioned in section 89A of that Act is to be conducted; and\n\n (b) the electronically assisted vote is taken to be a pre‑poll ordinary vote; and\n\n (c) it is irrelevant that the registered electronically assisted voter did not complete the ballot paper personally; and\n\n (d) it is irrelevant that the vote can be identified as being cast by a sight‑impaired person or Antarctic elector.\n\n (4) A person commits an offence of strict liability if the person:\n\n (a) is not the Divisional Returning Officer, or a person performing tasks under the direction of the Divisional Returning Officer; and\n\n (b) conducts the scrutiny.\n\nPenalty: 5 penalty units.\n\n32  Offences related to electronically assisted voting\n\n (1) A person commits an offence if the person:\n\n (a) interferes with a registered electronically assisted voter while the voter votes by an electronically assisted vote; or\n\n (b) communicates with such a voter, while the voter is voting by an electronically assisted vote, about the voter’s vote; or\n\n (c) does anything to find out how a voter who votes by an electronically assisted vote voted.\n\nPenalty: 10 penalty units.\n\nDefences\n\n (2) Subsection (1) does not apply if the registered electronically assisted voter:\n\n (a) requests the person’s assistance to vote by an electronically assisted vote; and\n\n (b) consents to the conduct or communication.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n33  Protection of electronic voting hardware or software\n\n (1) A person commits an offence if:\n\n (a) the person destroys or interferes with:\n\n (i) a computer program; or\n\n (ii) a data file; or\n\n (iii) an electronic device; and\n\n (b) the program, file or device is used, or intended to be used, for or in connection with electronically assisted voting.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the person is an officer acting in the course of the person’s duties as an officer.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\nPart 5—Application and transitional matters\n\n \n\nDivision 1—Provisions relating to the commencement of this instrument\n\n34  Applications made before commencement\n\n  Section 12 of, and Schedule 2 to, the Electoral and Referendum Regulation 2016, as in force immediately before the commencement of this Part, continue to apply in relation to an application made under subsection 99B(1) of the Act or subsection 38(1) of the Referendum (Machinery Provisions) Act before that commencement, if the application was not finally determined before that commencement.\n\n35  Electronically assisted voting\n\n  If writs are issued before the commencement of this Part for an election to be held after the commencement of this Part, Division 1 of Part 4 of the Electoral and Referendum Regulation 2016, as in force immediately before the commencement of this Part, applies in relation to electronically assisted voting for the election.\n\n36  Transitional arrangements—prescribed authorities and permitted purposes\n\nTransitional—agencies and authorities no longer specified for the definition of prescribed authority\n\n (1) Subsection (2) applies if:\n\n (a) immediately before the commencement of this Part, an agency or authority was specified in the table in clause 1 of Schedule 1 to the Electoral and Referendum Regulation 2016; and\n\n (b) before that commencement, the Electoral Commission gave the agency or authority information under subsection 90B(4) of the Act for one or more purposes (the permitted purposes) of the agency or authority mentioned in that table; and\n\n (c) immediately after that commencement, the agency or authority is not specified in the table in clause 1 of Schedule 1 to this instrument.\n\n (2) During the transition time, the agency or authority may continue to use the information for the permitted purposes as if it were a prescribed authority mentioned in paragraph 91A(2AA)(b) of the Act.\n\nTransitional—agency or authority with changed permitted purposes\n\n (3) Subsection (4) applies in relation to an agency or authority if:\n\n (a) immediately before the commencement of this Part, the Electoral and Referendum Regulation 2016 provided one or more permitted purposes in relation to the agency or authority for the purposes of paragraph 91A(2AA)(b) or 91A(2A)(c) of the Act; and\n\n (b) immediately after the commencement of this Part, this instrument provided one or more different permitted purposes in relation to the agency or authority.\n\n (4) Despite the repeal of the Electoral and Referendum Regulation 2016, during the transition time, the permitted purposes in relation to the agency or authority for any information provided to the agency or authority by the Electoral Commission under section 90B of the Act before the commencement of this Part includes any permitted purposes mentioned in paragraph (3)(a).\n\nMeaning of transition time\n\n (5) For the purposes of this section, the transition time is the period of 6 months beginning on the day this Part commences.\n\nSchedule 1—Prescribed authorities and permitted purposes for use of information\n\nNote: See sections 8 and 11.\n\n \n\n \n\n1  Prescribed authorities and permitted purposes for use of information\n\n  For the purposes of sections 8 and 11, the following table sets out:\n\n (a) the Agencies and authorities of the Commonwealth that are specified for the definition of prescribed authority in subsection 4(1) of the Act; and\n\n (b) the purposes that are prescribed as permitted purposes for the prescribed authority of a specified Agency or authority.\n\n \n\n- Prescribed authorities and permitted purposes for use of information\n- Item Agency or authority Purpose\n- 1 Australian Bureau of Statistics collecting, compiling, analysing and disseminating statistics and related information\n- 2 Australian Communications and Media Authority (a) identifying or locating offenders, suspects or witnesses; or(b) surveillance; or(c) law enforcement\n- 3 Australian Competition and Consumer Commission (a) identifying or locating offenders, suspects or witnesses; or(b) verifying the identity of individuals for enforcement of the criminal law or of a law imposing a pecuniary penalty in relation to the Competition and Consumer Act 2010\n- 4 Australian Criminal Intelligence Commission (a) collecting, correlating, analysing and disseminating criminal information and intelligence; or(b) undertaking intelligence operations; or(c) investigating matters relating to relevant criminal activity; or(d) assembling or analysing evidence about offences and suspected offences; or(e) conducting criminal and operational investigations to support authorised national security functions; or(f) security vetting of employees or potential employees\n- 5 Australian Federal Police (AFP) (a) identifying or locating offenders, suspects or witnesses; or(b) deciding whether suspects can be eliminated from an investigation; or(c) target development; or(d) intelligence checks; or(e) protecting the safety of officers, staff members, AFP employees and special members; or(f) law enforcement; or(g) surveillance; or(h) identification of potential or actual disaster victims, and notification of victims’ families; or(i) security vetting of AFP officers or potential AFP officers\n- 6 Australian Financial Security Authority (a) identifying, locating and investigating individuals and their associates in relation to obligations and the exercise of powers under the Bankruptcy Act 1966 or the Personal Property Securities Act 2009; or(b) conducting criminal investigations in relation to the Bankruptcy Act 1966 or the Personal Property Securities Act 2009; or(c) investigating identity fraud; or(d) preventing, detecting, investigating or enforcing a law imposing a civil penalty in relation to the Personal Property Securities Act 2009\n- 7 Australian Securities and Investments Commission (a) identifying or locating suspects or witnesses; or(b) surveillance; or(c) law enforcement\n- 8 Australian Security Intelligence Organisation (a) confirming the identity of Australian citizens to determine whether or not they are of security interest; or(b) security vetting and security clearance activities\n- 9 Australian Taxation Office (the Statutory Agency consisting of the Commissioner of Taxation and staff) (a) identifying or locating taxpayers; or(b) preventing, detecting or investigating taxation fraud; or(c) administering any of the following Acts or any instruments made under any of those Acts:(i) the Foreign Acquisitions and Takeovers Act 1975;(ii) the Foreign Acquisitions and Takeovers Fees Imposition Act 2015\n- 10 Australian Transaction Reports and Analysis Centre (a) detecting, deterring or disrupting money laundering, the financing of terrorism or other serious crimes; or(b) retaining, compiling, analysing or disseminating AUSTRAC information (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006); or(c) advising or assisting reporting entities in relation to their obligations under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 or a legislative instrument made under that Act; or(d) promoting, investigating or enforcing compliance by reporting entities with their obligations under an Act or instrument mentioned in paragraph (c)\n- 11 Commonwealth Superannuation Corporation locating members and former members for the purpose of protecting public revenue in relation to the payment of benefits, the recovery of overpayments and the review of entitlement to benefits\n- 12 Department administered by the Minister administering the Agricultural and Veterinary Chemicals Act 1994 investigating, monitoring and enforcing the following Acts:(a) the Biological Control Act 1984;(b) the Biosecurity Act 2015;(c) the Export Control Act 2020;(d) the Illegal Logging Prohibition Act 2012;(e) the Imported Food Control Act 1992\n- 13 Department administered by the Minister administering the Australian Border Force Act 2015 (a) verifying the identity or status of travellers and consignees of cargo or postal articles; or(b) verifying the identity and status of importers and exporters; or(c) checking the accuracy of information given to the Department or to a Collector (within the meaning of the Customs Act 1901); or(d) verifying the identity of individuals on behalf of:(i) the government of another country; or(ii) a law enforcement administration under an international agreement or arrangement; or(e) surveillance purposes; or(f) facilitating travel to Australia, or entry to Australia, for an Australian citizen who may have lost the citizen’s passport; or(g) enabling airport officers to identify travellers and confirm their status; or(h) assisting investigations and compliance staff in the detection of persons suspected of:(i) being in Australia unlawfully; or(ii) working without authority; or(iii) being involved in people smuggling; or(iv) committing offences against legislation administered by the Department\n- 14 Department administered by the Minister administering the Australian Passports Act 2005 (a) confirming the identity of passport applicants or identifiers of documents; or(b) verifying information relating to a passport or an application for a passport; or(c) locating parents who have not lodged an application for a passport, in connection with seeking consent to issue a passport to a minor; or(d) assisting in consular operations to locate next of kin in Australia\n- 15 Department administered by the Minister administering the Defence Force Discipline Act 1982 (a) identifying or locating an individual suspected of fraud or another offence under:(i) a law of the Commonwealth administered by the Department; or(ii) another law of the Commonwealth, or a law of a State or Territory, that is connected with the defence of Australia or the operations or activities of the Department; or(b) security vetting of:(i) defence members or potential defence members; or(ii) employees or potential employees\n- 16 Department administered by the Minister administering the Veterans’ Entitlements Act 1986 (a) undertaking reviews of, or research into, the health of former members of the Defence Force; or(b) protection of the public revenue in relation to reviews of entitlement to benefits\n- 17 Federal Court of Australia (the Statutory Agency consisting of the Chief Executive Officer and Principal Registrar of the Federal Court and the APS employees referred to in section 18N of the Federal Court of Australia Act 1976 assisting the Chief Executive Officer and Principal Registrar of the Federal Court) (a) preparing a written jury roll for a jury district; or(b) determining if a person included on a jury list is not qualified to serve as a juror or should be excused from serving as a juror; or(c) giving the Commissioner of the Australian Federal Police the name and other details of any or all of the persons included on a jury list so that the Commissioner may give information about the criminal history (if any) of each of those persons; or(d) disclosing to an officer responsible for convening juries for trials before a court of a State or Territory information identifying a juror or former juror so that the officer can consider whether to summons the juror or former juror when convening a trial before the State or Territory courtNote: The purposes described in this item relate to functions performed under Division 1A of Part III of the Federal Court of Australia Act 1976.\n- 18 National Anti‑Corruption Commission (a) identifying or locating offenders, suspects or witnesses in relation to:(i) the investigation of, or reporting on, a corruption issue within the meaning of the National Anti‑Corruption Commission Act 2022 (the NACC Act); or(ii) a preliminary investigation under section 42 of the NACC Act; or(b) collecting, correlating, analysing or disseminating information or intelligence in relation to corruption issues within the meaning of the NACC Act; or(c) security vetting of employees or potential employees; or(d) identifying or locating offenders, suspects or witnesses in relation to an investigation that is being conducted, or reported on, in accordance with item 2 of Schedule 2 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 after the transition time (within the meaning of that Schedule); or(e) identifying or locating offenders, suspects or witnesses in relation to an investigation that is being reported on in accordance with item 38 of Schedule 2 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 after the transition time (within the meaning of that Schedule)\n- 19 National Disability Insurance Agency preventing, detecting, investigating or responding to fraud and non‑compliance matters involving the National Disability Insurance Scheme in the circumstances set out in paragraph 118(1)(ba) of the National Disability Insurance Scheme Act 2013\n- 20 Office of the Official Secretary to the Governor‑General identifying or locating individuals who:(a) are nominated, or are being considered for nomination, for an honour or award within the Australian Honours and Awards system; or(b) have been selected to provide a reference connected with such a nomination\n- 21 Services Australia (a) preventing and detecting fraud relating to identity or incorrect payments; or(b) identifying or locating clients for debt management, determination or correction purposes; or(c) undertaking compliance, investigation or enforcement activities relating to the Chief Executive Medicare’s functions under section 5 of the Human Services (Medicare) Act 1973; or(d) recovering overpayments or other amounts due to the Commonwealth in relation to the performance of the Chief Executive Medicare’s functions under section 5 of the Human Services (Medicare) Act 1973\n- 22 Sport Integrity Australia enabling and supporting the performance of the functions of the Chief Executive Officer of Sport Integrity Australia set out in section 21 of the Sport Integrity Australia Act 2020, including administration of the National Anti‑Doping Scheme (within the meaning of that Act)\n\n\nSchedule 2—Prescribed electors\n\nNote: See section 17.\n\n  \n\n \n\n1  Prescribed classes of electors—applications for provisional enrolment by persons about to become Australian citizens\n\n  For the purposes of section 17, the following table sets out the classes of electors that are prescribed for the purposes of an application for provisional enrolment by a person who is about to become an Australian citizen.\n\n \n\n- Prescribed classes of electors—applications for provisional enrolment by persons about to become Australian citizens\n- Item Class of elector\n- 1 Family counsellor within the meaning of the Family Law Act 1975\n- 2 Manager of a community or ethnic centre\n- 3 Manager of a women’s refuge, or of a crisis and counselling service that provides counselling or assistance to victims of domestic violence, sexual assault or sexual abuse\n- 4 Member of the staff of a person who is a member of:(a) the Parliament of the Commonwealth; or(b) the Parliament of a State; or(c) a Territory legislature; or(d) a local government authority of a State or Territory\n- 5 Member of the staff of an electoral authority of a State or Territory\n- 6 Member of the staff of the Australian Electoral Commission\n- 7 Prison officer\n- 8 Person before whom a statutory declaration may be made under a law of the Commonwealth, a State or a Territory\n\nSchedule 3—Repeals\n\n \n\nElectoral and Referendum Regulation 2016\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as regulations supporting the electoral system. While it adds new capabilities (particularly the expanded electronically assisted voting and updated prescribed authorities list), these represent evolutionary updates rather than scope creep. The 2016 regulations covered similar ground; this 2026 version modernises the list of agencies and clarifies voting procedures without expanding beyond the traditional regulatory function of operationalising the Electoral Act."},"complexity_factors":["Extensive cross-referencing to primary legislation (Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984) with multiple modifications and 'as if' applications","22 separate prescribed authorities in Schedule 1, each with distinct permitted purposes ranging from 1 to 8 specific uses","Nested conditional logic in Part 4 (electronically assisted voting) with multiple eligibility criteria and disqualifying circumstances in sections 24-25","Dual application framework - most provisions apply to both elections AND referendums with slightly different statutory references","Transitional provisions with time-limited exceptions (6-month transition period) and conditional application based on commencement timing","Multiple defined terms (8 in section 6 alone) plus reliance on definitions in primary Acts","Offence provisions with strict liability elements and evidential burdens requiring reference to Criminal Code","Complex administrative procedures requiring Electoral Commissioner determinations for registration periods, voting availability, and operational procedures"],"plain_english_summary":"This instrument updates rules for running federal elections and referendums in Australia, replacing the 2016 regulations. It controls who can access the electoral roll, how people prove identity to enrol (including provisional enrolment for citizenship applicants), and how authorised phone voting operates for vision-impaired voters and Australians in Antarctica, with transition arrangements for legacy cases.\n\nIt matters because it protects voter privacy and ballot integrity while enabling accessible, secure voting for vulnerable and remote electors."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2016 Regulations (Schedule 3) and replaces them with updated rules that: expand and re‑specify which Commonwealth agencies may receive roll information and for what purposes (Schedule 1); add alternative identity evidence for enrolment (s16, s18) and new prescribed classes for provisional enrolment (Schedule 2); and introduce a new, regulated electronically assisted voting channel for sight‑impaired persons and Antarctic electors with associated procedures, offences and transitional arrangements (Parts 4–5)."},"complexity_factors":["Extensive cross‑references to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, requiring interpretation of primary Acts alongside the Regulations (see s3, s6, s20).","Large, detailed list of prescribed authorities and narrowly defined permitted purposes in Schedule 1, generating compliance and recordkeeping obligations for many agencies (see s8, s11, Schedule 1).","New electronically assisted voting regime vests substantial procedural discretion in the Electoral Commissioner to set days, times and assessment/voting procedures, increasing administrative design choices and legal uncertainty (see ss21–25, 23(b)).","Operational complexity of authorised call centres: registration, identity checks, assisted marking, chain‑of‑custody for ballot envelopes and forwarding to Divisional Returning Officers (see ss21, 22, 25, 30).","Criminal and strict liability provisions tied to operational roles (Assistant Returning Officers, Divisional Returning Officers) and unauthorised acts, raising compliance risk and potential prosecution exposure (see ss30(3), 31(4), 32, 33).","Scrutineer regime imposes procedural preconditions (written appointments, undertakings) and prohibitions on communications and interference, complicating monitoring arrangements (see ss27–28).","Changes to enrolment identity evidence and provisional enrolment classes introduce alternative ID mechanisms (citizenship notice number, Medicare number) and new qualifying classes for provisional enrolment, affecting application flows (see ss16, 17, 18, Schedule 2).","Transitional provisions preserve prior permissions for a limited period and manage agencies removed or changed from the prescribed list, adding temporal complexity to data‑use rights (see ss34–36).","Reliance on approved forms, procedures and documents (to be determined by the Electoral Commissioner) creates delegated rule‑making and operational discretion that will materially affect implementation (see ss21(2), 22(1), 23(a),(b), 25(1))."],"plain_english_summary":"This regulation replaces the 2016 rules and sets out who may be given electoral roll data and for what purposes, introduces additional identity evidence for enrolment, and creates procedures for registration and telephone‑based electronically assisted voting for sight‑impaired persons and Antarctic electors. It also prescribes offences, scrutineer arrangements, ballot handling and short transitional rules. It matters because it changes who can use roll data, what ID enrolment accepts, and how a new voting channel is run and policed."}},"importantCases":[],"_links":{"self":"/api/acts/electoral-and-referendum-regulations-2026","history":"/api/acts/electoral-and-referendum-regulations-2026/history","analysis":"/api/acts/electoral-and-referendum-regulations-2026/analysis","conflicts":"/api/acts/electoral-and-referendum-regulations-2026/conflicts","importantCases":"/api/acts/electoral-and-referendum-regulations-2026/important-cases","documents":"/api/acts/electoral-and-referendum-regulations-2026/documents"}}