Commonwealth Electoral Act 1918

The several Parts and sections of the following Acts, namely: the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation.

All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder.

Electoral matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in an election (a federal election) of a member of the House of Representatives or of Senators for a State or Territory, including by promoting or opposing:

a political entity, to the extent that the matter relates to a federal election; or

a member of the House of Representatives or a Senator.

Communications whose dominant purpose is to educate their audience on a public policy issue, or to raise awareness of, or encourage debate on, a public policy issue, are not for the dominant purpose of influencing the way electors vote in an election (as there can be only one dominant purpose for any given communication).

For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.

For example, matter that is covered by an exception under subsection (5) when originally communicated may become electoral matter if recommunicated for the dominant purpose referred to in subsection (1).

Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes:

a political entity, to the extent that the matter relates to a federal election; or

a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election;

Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter:

whether the communication or intended communication is or would be to the public or a section of the public;

whether the communication or intended communication is or would be by a political entity or significant third party (within the meaning of Part XX);

whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;

whether the communication or intended communication is or would be received by electors near a polling place;

how soon a federal election is to be held after the creation or communication of the matter;

whether the communication or intended communication is or would be unsolicited.

Despite subsections (1) and (3), matter is not electoral matter if the communication or intended communication of the matter:

forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or

is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or

is or would be a private communication by a person to another person who is known to the first person; or

is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person’s capacity as such an official; or

is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or

occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.

A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown in the Register of Political Parties as the registered officer of the party.

A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)).

A reference in Part XIV or XVI to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a party as a deputy registered officer of the party for the purposes of this Act.

A nomination under subsection (2):

must be in writing, signed by the registered officer and lodged with the Commission; and

must specify the name and address of the person nominated and bear the signature of that person; and

must include a signed declaration by the person nominated that subsection 126(2B) is not contravened by lodging the nomination of the person as the deputy registered officer; and

may be revoked at any time by the registered officer by written notice lodged with the Commission.

A nomination of a person as a deputy registered officer under subsection (2) is invalid if subsection 126(2B) is contravened by lodging the nomination of the person as the deputy registered officer.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

a Judge, other than the Chief Justice, of the Federal Court of Australia who has been a Judge of that Court for a period of at least 3 years; or

a former Judge of that Court who was such a Judge for a period of at least 3 years.

There is established by this section a Commission by the name of the Australian Electoral Commission.

The Commission shall consist of:

a Chairperson;

the Electoral Commissioner; and

one other member.

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

the Commission is a listed entity; and

the Electoral Commissioner is the accountable authority of the Commission; and

the following persons are officials of the Commission:

the Electoral Commissioner;

the Deputy Electoral Commissioner;

the Australian Electoral Officer for a State or Territory;

the staff of the Commission referred to in section 29; and

the purposes of the Commission include:

the functions of the Commission referred to in section 7; and

the functions of the Electoral Commissioner referred to in subsection 18(2).

The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.

The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia.

A person shall not be appointed as the non‑judicial appointee unless the person is the holder of:

an office of Agency Head (within the meaning of the Public Service Act 1999); or

an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a).

The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.

The functions of the Commission are:

to perform functions that are permitted or required to be performed by or under this Act, not being functions that:

a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or

consist of the appointment of a person to an office; and

to consider, and report to the Minister on, election and ballot matters referred to it by the Minister and such other election and ballot matters as it thinks fit; and

to promote public awareness of election and ballot matters, and Parliamentary matters, by means of the conduct of education and information programs and by other means; and

to provide information and advice on election and ballot matters to the Parliament, the Government, Departments and authorities of the Commonwealth; and

to conduct and promote research into election and ballot matters and other matters that relate to its functions; and

to publish material on matters that relate to its functions; and

to provide, in cases approved by the Foreign Affairs Minister, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materiel) to authorities of foreign countries or to foreign organisations; and

to perform such other functions as are conferred on it by or under any law of the Commonwealth.

The Commission may perform any of the functions referred to in paragraphs (1)(b) to (f) (inclusive) in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory.

The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.