Electoral Regulations 2022

to facilitate the enrolment of electors and the conduct of parliamentary elections; and

to regulate the political donations, State funding and reporting regime.

the Electoral Regulations 2012^[1];

the Electoral Amendment Regulations 2018^[2].

an emergency in respect of which a national emergency is declared under section 11 of the National Emergency Declaration Act 2020 of the Commonwealth;

an emergency in respect of which a state of disaster is declared under section 23 of the Emergency Management Act 1986;

the action in respect of which the Governor in Council makes a proclamation of emergency under section 3 of the Public Safety Preservation Act 1958;

A reference to a Form is a reference to the appropriate form in Schedule 1.

If—

a document is required by the Act or these Regulations to be of a particular form; and

these Regulations prescribe that form—

If—

a person (the enrolling person) wishes to make a claim under section 23(1) or (2) of the Act for enrolment or for provisional enrolment; and

the enrolling person cannot sign the claim due to being physically incapacitated (whether permanently or temporarily); and

a registered medical practitioner has certified in writing that the enrolling person cannot sign the claim due to being physically incapacitated (whether permanently or temporarily)—

A claim that is made in accordance with subregulation (1) must, when forwarded to the Commission under section 23(1)(b) or (2)(b) of the Act, be accompanied by the certificate referred to in subregulation (1)(c).

If—

a person (the enrolled person) is required, under section 23(4) of the Act, to notify the Commission in writing of the person's new address; and

the enrolled person cannot notify the Commission due to being physically incapacitated (whether permanently or temporarily); and

another person has been appointed with a general non-enduring power of attorney, or an enduring power of attorney, of the enrolled person under the Powers of Attorney Act 2014; and

that other person signs a statutory declaration stating that the enrolled person cannot notify the Commission due to being physically incapacitated (whether permanently or temporarily)—

If the Commission is to be notified of a change of address in accordance with subregulation (3), the notice must, when forwarded to the Commission as described in section 23(5)(b) of the Act, be accompanied by the statutory declaration referred to in subregulation (3)(d).

For the purposes of section 23(6) of the Act, if the Commission receives a claim for enrolment under section 23(1) or (2) of the Act, the Commission must—

record the date of receipt; and

if the Commission is satisfied that the person is entitled to be enrolled—

enter on the register of electors the name of the person and particulars relating to the person; and

ensure that the person is notified in writing of whichever particulars of their enrolment the Commission determines relevant for this purpose.

For the purposes of section 23(6) of the Act, if the Commission receives a notice of a change of an elector's address under section 23(4) of the Act, the Commission must—

record the date of receipt; and

if the Commission is satisfied that the notice is correct—

change the person's address on the register in accordance with the notice; and

ensure that the person is notified in writing of the relevant particulars of their enrolment, as determined by the Commission.

an elector applying to be a general postal voter under section 24(1) of the Act; or

a person applying on behalf of an elector for that elector to be a general postal voter under section 24(2) of the Act—

For the purposes of section 24(5) of the Act, an application to be a general postal voter must be lodged with the Commission in a manner that has been—

approved by the Commission; and

made available to the members of the public.

If the Commission receives an application to be a general postal voter under section 24(1) or (2) of the Act, the Commission must record the date of receipt.

If the Commission is satisfied that an applicant to be a general postal voter is enrolled and is eligible to be a general postal voter, the Commission must—

record on the register of electors that the applicant is a general postal voter; and

notify the applicant in writing of the decision to accept the application.

may from time to time review the eligibility of general postal voters to be general postal voters; and

if satisfied that a general postal voter has ceased to be eligible to be a general postal voter, must cancel the elector's designation as a general postal voter on the register of electors; and

must notify an elector in writing of any cancellation of the elector's designation as a general postal voter, except if the Commission is satisfied that the elector has died.