COMMONWEALTH ELECTORAL ACT 1918 - SECT 90B Information on Rolls and certified lists of voters to be provided to particular people and organisations
COMMONWEALTH ELECTORAL ACT 1918 - SECT 90B
Information on Rolls and certified lists of voters to be provided to particular people and organisations(1) The following table sets out the persons and organisations to whom the Electoral Commission must give information in relation to the Rolls and certified lists of voters and specifies the information to be given and the circumstances in which it is to be given:
Provision of information on Rolls and certified lists of voters | |||
Item | Person or organisation | Information to be given | Circumstances in which information is to be given |
a copy of the certified list of voters for the Division for which the candidate is seeking election | (a) as soon as practicable after the close of the Rolls; and (b) without charge. | ||
2 | a registered political party | a copy of the Roll for each State and Territory | (a) as soon as practicable after a general election; and (b) without charge; and (c) subject to subsection (3). |
3 | a registered political party | a copy of the habitation index for each Division | (a) as soon as practicable after a general election; and (b) without charge; and (c) subject to subsection (3). |
4 | a registered political party | a copy of a habitation index | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
4A | a registered political party | voting information (as defined in subsection (10)) in relation to the election | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). |
a registered political party with a member who is a Senator or a member of the House of Representatives | a copy of a Roll See also subsection (2). | (a) on request by the party; and (b) without charge; and (c) subject to subsection (3). | |
6 | any other registered political party | a copy of a Roll See also subsection (2). | (a) on request by the party; and (b) on payment of the fee (if any) payable under subsection (9); and (c) subject to subsection (3). |
7 | a Senator for a State or Territory | 3 copies of the certified list of voters for each Division in the State or Territory used in a Senate election | (a) as soon as practicable after the result of the Senate election is declared under section 283; and (b) without charge. |
8 | a Senator for a State or Territory | 3 copies of the Roll for the State or Territory | (a) as soon as practicable after a general election; and (b) without charge. |
a Senator for a State or Territory | 3 copies of the certified list of voters for an election of a member of the House of Representatives for a Division in the State or Territory | (a) as soon as practicable after the member of the House of Representatives is declared elected for the Division under section 284; and (b) without charge; and (c) the Senator is not entitled to a copy of the same list under item 7. | |
10 | a Senator for a State or Territory | a copy of the Roll for any Division in that State or Territory See also subsection (2). | (a) on request by the Senator; and (b) without charge. |
10A | a Senator for a State or Territory (other than a member of a registered political party) | voting information (as defined in subsection (10)) in relation to the election in which the Senator was elected | (a) on request by the Senator; and (b) without charge. |
11 | a member of the House of Representatives | 3 copies of the certified list of voters for the Division for which the member is elected | (a) as soon as practicable after the member is declared elected under section 284; and (b) without charge. |
12 | a member of the House of Representatives | 3 copies of the Roll for the Division for which the member is elected | (a) as soon as practicable after a general election; and (b) without charge. |
a member of the House of Representatives | 3 copies of the certified list of voters for the Division for which the member is elected that is provided for the purposes of paragraph 203(1)(b) for a Senate election | (a) as soon as practicable after the result of the Senate election is declared under section 283; and (b) without charge; and (c) the member is not entitled to a copy of the same list under item 11. | |
14 | a member of the House of Representatives | a copy of the Roll for the Division for which the member is elected See also subsection (2). | (a) on request by the member; and (b) without charge. |
14A | a member of the House of Representatives for a Division (other than a member of a registered political party) | voting information (as defined in subsection (10)) in relation to the election in which the member was elected | (a) on request by the member; and (b) without charge. |
15 | a member of the House of Representatives elected for a Division that is affected by a redistribution | a copy of the Roll for any Division that, after the redistribution, includes the Division, or a part of the Division, for which the member is elected See also subsection (2). | (a) on request by the member; and (b) without charge. |
an electoral authority of a State or Territory | (a) any information on a Roll; and (b) any other information that an arrangement under section 84 allows or requires the Electoral Commission to provide to the authority | (a) an arrangement under section 84 allows or requires the information to be provided to the authority; and (b) on payment of the fee (if any) payable under subsection (9). | |
Electoral Commission may provide additional information in some circumstances
(2) If the Electoral Commission provides a copy of a Roll to a person or organisation under item 5, 6, 10, 14 or 15, the Electoral Commission may also provide any additional information held by the Electoral Commission about a person whose name is included on the Roll. The additional information is to be provided without charge.
Note: For additional information , see subsection (10).
Registered political parties for a State or Territory only if the party has branch or division for that State or Territory
(3) In spite of subsection (1), the Electoral Commission need not give a registered political party information in relation to persons enrolled in a State or Territory unless a branch or division of the party is organised on the basis of that State or Territory.
Giving parliamentarians electronic copies on request
(3A) On request by the Senator or member of the House of Representatives to whom item 7, 9, 11 or 13 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant certified list; and
(b) if the Senator or member requests 1 or 2 other copies of the list, that number of other copies of the list.
(3B) On request by the Senator or member of the House of Representatives to whom item 8 or 12 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member:
(a) a single electronic copy of the relevant Roll; and
(b) if the Senator or member requests 1 or 2 other copies of that Roll, that number of other copies of that Roll.
(3C) On request by the Senator or member of the House of Representatives to whom item 10, 14 or 15 of the table in subsection (1) relates, the Electoral Commission may comply with the item by giving the Senator or member an electronic copy of the relevant Roll.
(3D) Subsections (3A), (3B) and (3C) do not limit the operation of subsections 90(1) and (2) or the Electronic Transactions Act 1999 in relation to subsection (1) of this section.
Information on Rolls may be provided to particular people and organisations
(4) The following table sets out the persons and organisations to whom the Electoral Commission may give information in relation to the Rolls and specifies the information that may be given and the circumstances in which it may be given:
Provision of information on Rolls | |||
Item | Person or organisation | Information that may be given | Circumstances in which information may be given |
the persons or organisations (if any) that the Electoral Commission determines are appropriate | a copy of a Roll | (a) as soon as practicable after a general election; and (b) without charge. | |
2 | any person or organisation that conducts medical research or provides a health screening program | (a) a copy of a Roll (or an extract of a Roll); and (b) if the Electoral Commission wishes--information about: (i) the sex of; or (ii) the age range that covers; a person included on the Roll See also subsection (5). | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
3 | any other person or organisation | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
4 | a prescribed authority | (a) any information on a Roll; and (b) if the Electoral Commission wishes--information about: (i) the sex of; or (ii) the date of birth of; or (iii) the occupation of; | (a) the provision of the information is authorised by the regulations; and (b) on payment of the fee (if any) payable under subsection (9). |
a prescribed person or organisation that verifies, or contributes to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). | |
6 | a prescribed person or organisation that: (a) is a reporting entity or an agent of a reporting entity; and (b) carries out applicable customer identification procedures under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). |
a prescribed person or organisation that, under an arrangement with: (a) a reporting entity; or (b) an agent of a reporting entity; provides information for the purpose of facilitating the carrying out of applicable customer identification procedures under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and (b) on payment of the fee (if any) payable under subsection (9). | |
(5) The Electoral Commission may determine the age ranges to be used for the purposes of item 2 in the table in subsection (4) in a particular case. However, each age range must cover at least 2 years.
Information about person whose address is not included on Roll
(6) The Electoral Commission must not include in information given under subsection (1) or (4) information about a person whose address has been excluded or deleted from a Roll under section 104.
Information about designated electors
(6A) The Electoral Commission must not include in information given under subsection (1) or (4) information about whether a person is a designated elector.
Restriction on disclosure of information about occupation, sex or date of birth
(7) Except as otherwise provided by this Act, the Electoral Commission must not give a person information which discloses particulars of the occupation, sex or date of birth of an elector.
(8) If an arrangement under section 84 allows information to be given to an electoral authority of a State or Territory, the Electoral Commission may also give that electoral authority information that discloses particulars of the sex or date of birth of an elector who is enrolled in another State or Territory.
Certain information about defence and AFP personnel not to be disclosed
(8A) Nothing in this section (or in an arrangement under section 84) allows or requires the Electoral Commission to give a person or organisation information that the Electoral Commission is aware would or might enable any of the following to be ascertained:
(a) the fact that a particular person has been, is or will be serving outside Australia as:
(i) a defence member or a defence civilian; or
(ii) an AFP officer or staff member;
(b) the place where a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(c) the period of time when a particular person has been, is or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(d) without limiting any of the preceding paragraphs--the postal address of a person who is serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii);
(e) any other information of a kind specified in the regulations, being information that relates to persons who have been, are or will be serving outside Australia in a capacity referred to in subparagraph (a)(i) or (ii).
(8B) Paragraph (8A)(d) does not apply in relation to the postal address of a person who is a general postal voter.
(9) The Electoral Commission may charge a fee that covers the cost to the Commission of providing information under:
(a) item 6 or 16 in the table in subsection (1); or
(b) item 2, 3, 4, 5, 6 or 7 in the table in subsection (4).
"additional information" about a person included on a Roll means the following:
(a) the person's postal address;
(b) the person's sex;
(c) the person's date of birth;
(d) the person's salutation;
(e) the census district in which the person lives;
(f) the most recent enrolment date and enrolment transaction number for the person;
(g) whether the person is:
(i) not entitled to be enrolled as an elector of the Commonwealth; or
(ii) not also enrolled as a State elector, Australian Capital Territory elector or Northern Territory elector; or
(h) whether the person is a general postal voter;
(i) whether the person has only recently been enrolled;
(j) whether the person has re - enrolled and, if so:
(i) the Division and State or Territory in which they were previously enrolled; and
(ii) the enrolment transaction number for the person's previous enrolment;
(k) the electoral district for the purposes of State or Territory elections in which the person lives;
(l) the local government area in which the person lives;
(m) the Australia Post delivery point identifier for each address of the person.
"applicable customer identification procedure" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 .
"habitation index" , in relation to a Division, means a list of electors for the Division arranged, in a manner determined by the Electoral Commission, by reference to the respective places of living of the electors whose names are on the Roll for the Division.
"reporting entity" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 .
"voting information" , in relation to an election, means information that:
(a) contains the names and addresses of the electors who voted at the election (other than itinerant electors, eligible overseas electors and electors whose addresses have been excluded from the Roll under section 104); and
(b) indicates whether or not each of those electors voted at a polling place; and
(c) if the elector voted at a polling place for the Division for
which the elector was enrolled, indicates the location of the polling place.