Commonwealth Consolidated Regulations

ELECTORAL AND REFERENDUM REGULATIONS 1940

- made under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Name of Regulations [see Note 1]  
   3.      Repeal  
   5.      Interpretation  
   5A.     Prescribed authorities  

   PART II--ELECTORAL

           Division 1--Enrolment

   6.      Form of Roll  
   7.      Information on Rolls and certified lists of voters to be provided to particular people and organisations  
   8.      Permitted purposes for use of information: prescribed authorities  
   8A.     Permitted purposes for use of information: Australian Red Cross Blood Service  
   9.      Permitted purposes for use of information: other persons or organisations  
   11A.    Evidence of Identity (paragraphs 94A (2) (e) and 95 (2) (d) of the Act)  
   12.     Evidence of Identity (paragraphs 96 (2) (d), 98 (2) (d) and 99A (4) (e) of the Act)  
   13.     Prescribed electors (subparagraph 99B (4) (b) (i) and subsection 99B (6) of the Act, and subparagraph 38 (4) (b) (i) and subsection 38 (6) of the Referendum (Machinery Provisions) Act)  

   PART III--ELECTORAL AND REFERENDUM

           Division 1--Conduct of Elections and Referendums

   38A.    Nomination forms  
   39.     Ballot paper -- Senate  
   39A.    Ballot-paper -- House of Representatives  
   39B.    Evidence of identity (subsection 235 (1B) of the Act and subsection 37 (1B) of the Referendum (Machinery Provisions) Act)  
   39C.    Prescribed classes of electors (subparagraph 6 (cb) (ii) of Schedule 3 to the Act and subparagraph 6 (cb) (ii) of Schedule 4 to the Referendum (Machinery Provisions) Act)  
   40.     State referendum or vote (Act, s 394)  

           Division 2--Trial of electronically assisted voting -- sight-impaired people

   41.     Definitions for Division 2  
   42.     Application of Division 2 (subsection 202AB (1) of the Act and subsections 73M (1) and (2) of the Referendum (Machinery Provisions) Act)  
   43.     Availability of electronically assisted voting  
   44.     Use by sight-impaired person of electronically assisted voting method (subparagraph 202AB (2) (a) (iv) of the Act and subparagraph 73M (3) (a) (iv) of the Referendum (Machinery Provisions) Act)  
   45.     Officer to assist elector with electronically assisted voting (subparagraph 202AB (2) (a) (ii) of the Act and subparagraph 73M (3) (a) (ii) of the Referendum (Machinery Provisions) Act)  
   46.     Electronically assisted voting to be cast in private (subparagraph 202AB (2) (a) (ii) of the Act and subparagraph 73M (3) (a) (ii) of the Referendum (Machinery Provisions) Act)  
   47.     Electronically assisted voting method (subparagraph 202AB (2) (a) (i) of the Act and subparagraph 73M (3) (a) (i) of the Referendum (Machinery Provisions) Act)  
   48.     What is done after a person uses the electronically assisted voting method (subsection 202AD (2) of the Act and subsection 73P (2) of the Referendum (Machinery Provisions) Act)  
   49.     Record of each person who has voted using the electronically assisted voting method (section 202AC of the Act and section 73N of the Referendum (Machinery Provisions) Act)  
   50.     Printed vote record (subsection 202AD (1) of the Act and subsection 73P (1) of the Referendum (Machinery Provisions) Act)  
   51.     Role for scrutineers (paragraph 202AB (2) (c) of the Act and paragraph 73M (3) (c) of the Referendum (Machinery Provisions) Act)  
   52.     Opening a declaration envelope that contains a printed vote record (subsection 202AB (4) of the Act and subsection 73M (5) of the Referendum (Machinery Provisions) Act)  
   53.     Persons present when electronically assisted vote is cast (subsection 202AB (4) of the Act and subsection 73M (5) of the Referendum (Machinery Provisions) Act)  
   54.     Communication about an elector's vote (subsection 202AB (4) of the Act and subsection 73M (5) of the Referendum (Machinery Provisions) Act)  
   55.     Interference with an elector's vote (subsection 202AB (4) of the Act and subsection 73M (5) of the Referendum (Machinery Provisions) Act)  
   56.     Knowledge of an elector's vote (subsection 202AB (4) of the Act and subsection 73M (5) of the Referendum (Machinery Provisions) Act)  
   57.     Protection of electronic voting hardware or software (subsection 202AB (4) of the Act and subsection 73M (5) of the Referendum (Machinery Provisions) Act)  

           Division 3--Trial of remote electronic voting for defence personnel serving outside Australia

   58.     Definitions for Division 3  
   59.     Application of Division 3 (subsection 202AH (1) of the Act and subsections 73S (1) and (2) of the Referendum (Machinery Provisions) Act)  
   60.     Register for remote electronic voting -- defence civilians and defence members (section 202AI of the Act)  
   61.     Application to register as a remote electronic voter (section 202AI of the Act)  
   62.     Removal of an elector from the register of remote electronic voters (section 202AI of the Act)  
   63.     Availability of remote electronic voting  
   64.     Remote electronic vote to be cast in private (subparagraph 202AH (2) (a) (iii) of the Act and subparagraph 73S (3) (a) (iii) of the Referendum (Machinery Provisions) Act)  
   65.     Remote electronic voting method (subparagraph 202AH (2) (a) (i) of the Act and subparagraph 73S (3) (a) (i) of the Referendum (Machinery Provisions) Act)  
   66.     Record of each person who has voted using the remote electronic voting method (subsection 202AK (1) of the Act and section 73U of the Referendum (Machinery Provisions) Act)  
   67.     Storage and transmission of remote electronic vote records (section 202AK of the Act and section 73U of the Referendum (Machinery Provisions) Act)  
   68.     Role for scrutineers (section 264 of the Act and section 89 of the Referendum (Machinery Provisions) Act)  
   69.     Communication about an elector's vote (subsection 202AH (4) of the Act and subsection 73S (5) of the Referendum (Machinery Provisions) Act)  
   70.     Interference with an elector's vote (subsection 202AH (4) of the Act and subsection 73S (5) of the Referendum (Machinery Provisions) Act)  
   71.     Knowledge of an elector's vote (subsection 202AH (4) of the Act and subsection 73S (5) of the Referendum (Machinery Provisions) Act)  
   72.     Protection of electronic voting hardware or software (subsection 202AH (4) of the Act and subsection 73S (5) of the Referendum (Machinery Provisions) Act)  

           Division 4--Functions of Electoral Commissioner for Divisions 2 and 3

   73.     Functions of Electoral Commissioner (paragraph 7 (1) (g) of the Act and section 144 of the Referendum (Machinery Provisions) Act)  

           Division 7--Enforcement of law in relation to compulsory voting

   81.     Proceedings in Court on failure of elector to vote  
   83.     Evidence in Court of summary jurisdiction  
   87.     Classes of articles for the purposes of paragraph 328 (3) (b) of the Act  
           SCHEDULE 1 Prescribed authorities and permitted purposes for use of information
           SCHEDULE 2 Prescribed electors
           SCHEDULE 3 Prescribed documents
           SCHEDULE 4 Prescribed documents