Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Commonwealth Electoral Act 1918 (amended in 2019)
Section 66: Redistribution Committee to make proposed redistribution
(1) A Redistribution Committee for a State or the Australian Capital Territory shall, in accordance with subsections (2), (3) and (4), make a proposed redistribution of the State or Territory.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 66: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns g . Other
Comments: Commonwealth Electoral Act 1918 (amended in 2019)
Section 66: Redistribution Committee to make proposed redistribution
(2) The proposed redistribution shall propose the distribution of the State or Territory into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State or Territory at a general election.
(3) In making the proposed redistribution, the Redistribution Committee:
(a) shall, as far as practicable, endeavour to ensure that, if the State or Territory were redistributed in accordance with the proposed redistribution, the number of electors enrolled in each Electoral Division in the State or Territory would not, at the projection time determined under section 63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State or Territory at that time; and
(b) subject to paragraph (a), shall give due consideration, in relation to each proposed Electoral Division, to:
(i) community of interests within the proposed Electoral Division, including economic, social and regional interests;
(ii) means of communication and travel within the proposed Electoral Division;(iv) the physical features and area of the proposed Electoral Division; and (v) the boundaries of existing Divisions in the State or Territory;
and subject thereto the quota of electors for the State or Territory shall be the basis for the proposed redistribution, and the Redistribution Committee may adopt a margin of allowance, to be used whenever necessary, but in no case shall the quota be departed from to a greater extent than one‑tenth more or one‑tenth less.
(3A) When applying subsection (3), the Redistribution Committee must treat the matter in subparagraph (3)(b)(v) as subordinate to the matters in subparagraphs (3)(b)(i), (ii) and (iv).
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 66: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission e . Electoral Management Body (EMB)
Comments: Commonwealth Electoral Act 1918 (amended in 2019)
Section 60 (1): For the purposes of each redistribution of a State, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the State.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 60: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
f . Inherited monarchy with a Governor appointed by the Monarch
Comments: 2. Governor-General
A Governor-General appointed by the King shall be His Majesty’s representative in the Commonwealth, and shall
have and may exercise in the Commonwealth during the King’s pleasure, but subject to this Constitution, such powers
and functions of the King as His Majesty may be pleased to assign to him.
(Australia's Constitution, chapter 1, art. 2).
As a non-self governing territory of Australia, the head of the Islands is the British monarch, represented by the Australian governor general. (CIA World Factbook).
Source: Australia's Constitution of 1901, chapter 1, art. 2: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/ck.html
Verified: 2024/09/09
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: 64. Ministers of State
The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.
Such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the King's Ministers of State for the Commonwealth.
(Australia's Constitution, chapter 2, art 64).
The administrator is appointed by the Australian governor general and represents both the monarch and Australia. (CIA World Factbook).
Source: Australia's Constitution of 1901, chapter 2, art 64: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/ck.html
Verified: 2024/09/09
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: 61. The executive power of the Commonwealth is vested in the King and is exercisable by the Governor-General as the King's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
Source: Australia's Constitution of 1901, chapter 2, art 61: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2024/09/09
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: 1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the King, a Senate, and a House of Representatives, and which is hereinafter called The Parliament, or The Parliament of the Commonwealth.
Source: Australia's Constitution of 1901, chapter 1, part 1, art. 1: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2024/09/09
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
b . Alternative Vote
Comments: 240.
(1) In a House of Representatives election a person shall mark his or her vote on the ballot paper by:
(a) writing the number 1 in the square opposite the name of the candidate for whom the person votes as his or her first preference; and
(b) writing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of the person’s preference for them.
274.
(7)The Divisional Returning Officer:
(c) from the result of the scrutiny of the votes counted under the provisions of subsections (3) and (4), and the fresh scrutiny conducted under the provisions of this subsection, shall ascertain the total number of first preference votes given for each candidate and the number of informal ballot papers; and
(ca) must then proceed with the scrutiny and the counting of the votes as follows:
(i) if, after ascertaining the first preference votes given for each candidate, no candidate has an absolute majority of votes, the Divisional Returning Officer must apply subsection (7AA);
(ii) if, after ascertaining the first preference votes given for each candidate, a candidate has an absolute majority of votes, that candidate is elected; and
(d) if, after applying subsection (7AA), subparagraph (7AA)(b)(i) applies, shall proceed with the scrutiny and the counting of the votes as follows:
(i) the candidate who has received the fewest first preference votes shall be excluded, and each ballot paper counted to the candidate shall be counted to the candidate next in the order of the voter’s preference;
(ii) the process of excluding the candidate who has the fewest votes, and counting each of his or her ballot papers to the unexcluded candidate next in the order of the voter’s preference, shall be repeated until only 2 candidates remain in the count; and
(iii) if, following the exclusion of candidates under this paragraph, a candidate has an absolute majority of votes, that candidate shall be elected.
(7AA) If, after ascertaining the total number of first preference votes for each candidate under paragraph (7)(ca), no candidate has an absolute majority of votes, the Divisional Returning Officer must take the following steps:
(a) rank the candidates consecutively in order of their standing in the poll as set out in subsection (7AB);
(b) then:
(i) if the total number of first preference votes for all the candidates, other than the first and second ranked candidates, is equal to or more than the number of first preference votes for the second ranked candidate—proceed with the scrutiny as set out in paragraph (7)(d); or
(ii) if the total number of first preference votes for all the candidates, other than the first and second ranked candidates, is less than the number of first preference votes for the second ranked candidate—exclude all the candidates other than the first and second ranked candidates;
(c) if subparagraph (b)(ii) applies—count each ballot paper of an excluded candidate to whichever of the first or second ranked candidates is earlier in the order of preference expressed on the ballot paper.
(7AC) If, following the exclusion of candidates under subparagraph (7AA)(b)(ii) and the count of ballot papers under paragraph (7AA)(c), a candidate has an absolute majority of votes, that candidate is elected.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, Art. 240, 274: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2024/09/09
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: Some electoral issues are covered in the Constitution and there are also regulations and administrative rules made under the Electoral Act. The conduct of elections and the behaviour of the EMB may also be governed by other legislation such as the Privacy Act.
Source: Constitution of Australia: http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Commonwealth Electoral Act 1918 (amended in 2019): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Reference to Electoral Law (Australian Electoral Commission): https://www.aec.gov.au/Elections/australian_electoral_system/Electoral_Legislation.htm
Verified: 2024/09/09
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments:
Source: Commonwealth Electoral Act 1918 (amended in 2019): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law
Comments: Voting has been compulsory since 1924 and the enforcement is strict with sanctions such as fines if the non-voter can not provide a legitimate reason for his/her abstention.
245 Compulsory voting
(1) It shall be the duty of every elector to vote at each election
Source: Commonwealth Electoral Act 1918 (amended in 2019) Sec.245: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: The validity of any election or return of an election may be disputed by petition to the Court of Disputed Returns.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Sec.353-354: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: Industrial Elections, the AEC must conduct all elections for office in registered organisations unless an exemption has been granted by the Industrial Registrar.
Source: Australian Electoral Commission homepage, (http://www.aec.gov.au/About_AEC/AEC_Services/Industrial_Elections/index.htm);
Commonwealth Electoral Act 1918 (amended in 2019) Section 7: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments:
Source: Portfolio Budget Statements, Department of Finance, Australian Government: https://www.finance.gov.au/publications/portfolio-budget-statements/
Verified: 2024/09/09
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department
Comments:
Source: Portfolio Budget Statements, Department of Finance, Australian Government: https://www.finance.gov.au/publications/portfolio-budget-statements/
Verified: 2024/09/09
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: An appointed Commissioner holds office for such period not exceeding 7 years
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 8: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Australian Electoral Commission is an independent statutory authority.
Source: Australian Electoral Commission homepage: https://www.aec.gov.au/About_AEC/AEC_Services/
Commonwealth Electoral Act 1918 (amended in 2019) Section 6: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Commission shall consist of: a Chairperson; the Electoral Commissioner; and one other member.
Source: Australian Electoral Commission homepage: https://www.aec.gov.au/About_AEC/structure.htm
Commonwealth Electoral Act 1918 (amended in 2019) Section 6: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: (3) The Chairperson and the non-judicial appointee shall be appointed
by the Governor-General and shall hold office on a part-time basis.
(4) 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.(5) A person shall not be appointed as the non-judicial appointee
unless the person is the holder of:
(a) an office of Agency Head (within the meaning of the Public
Service Act 1999); or
(b) 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).
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 6 (3),(4),(5): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
c . Executive f . Judiciary
Comments: 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 by the Chief Justice of the Federal Court of Australia.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 6 (3),(4): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body d . National Government h . Political parties/ candidates i . Media
Comments: Under legislation, the AEC must conduct election education campaigns. There are continually election education activities. Political parties and the media also conducting election education as part of their election activities.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 7: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Parliamentary Education Office: https://www.peo.gov.au/
Verified: 2024/09/09
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: The Australian Electoral Commission and the parliamentary education office continuously runs education campaigns with material available on its website.
Source: The Australian Electoral Commission: http://www.aec.gov.au/Education/index.htm
Parliamentary Education Office: https://www.peo.gov.au/
Verified: 2024/09/09
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government
Comments: The Australian Electoral Commission operates Electoral Education Centers (EECs) in Canberra and Melbourne, operates an Adelaide EEC in partnership with the South Australian State Electoral Office, and provides support for the Western Australian Electoral Commission's Perth EEC. In addition, each State and Territory is responsible for their own education which may or may not include a civics component.
The Department of Immigration and Multicutural Affairs implements the Australian Citizenship Act and conducts citizenship education.
Source: The Australian Electoral Commission: http://www.aec.gov.au/Education/index.htm
Parliamentary Education Office: https://www.peo.gov.au/
Verified: 2024/09/09
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: If a person is only 17 years old and an Australian citizen then they may provisionally enroll, but will not be able to vote unless he/she has turned 18 by polling day.
Commonwealth Electoral Act (1918), Section 93: Persons entitled to enrolment and to vote: (1) Subject to subsections (7) and (8) and to Part VIII, all persons:(a) who have attained 18 years of age.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 93 (1) (a): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: (a)Any Australian Citizen and any person who was a British subject on a Commonwealth electoral roll as at 25 January 1984. (British subjects not on the roll as at that date are not eligible to enroll even if they were resident in Australia at that time)
(b)Residence in a division for at least one month.
There are special enrollment provisions for people who are itinerants, Australian resident oversees, Australians living in Antarctica.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 93 (1) (a) & 99: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: Australian Electoral Commission.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Part VI: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Those who are eligible to vote and fail to register within 21 days of becoming eligible to vote are guilty of an offense and can be charged under the Criminal Code.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Part VIII, Section 101: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) f . Other
Comments: If the political party is not a parliamentary party (that is, it does not have a member of the party as a member in federal parliament), it must have at least 500 members who are entitled to enrollment on the Commonwealth Electoral roll.
Registration is not compulsory. A party can still participate in the electoral process, but does not qualify for the rights and entitlements that registration confers. If the party has not registered for the elections, the name of the party will not be put on the ballot paper, only the names of the candidates.
Commonwealth Electoral Act 1918 (amended in 2019)Section 126 (2):
Requirements for an application
(2) An application for the registration of an eligible political party shall be in writing, signed by the applicant or applicants and by the person who is to be the registered officer of the party, and shall:
(a) set out the name of the party; and
(b) if the party wishes to be able to use for the purposes of this Act an abbreviation of its name—set out that abbreviation; and
(ba) if the party wishes a logo of the party to be entered in the Register—set out a copy of a logo; and
(c) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act; and
(ca) include a list of the names of the 500 members of the party to be relied on for the purposes of registration; and
(d) state whether or not the party wishes to receive moneys under Division 3 of Part XX; and
(e) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(f) be accompanied by a copy of the constitution of the party; and
(g) be accompanied by a fee of $500.
Be established on the basis of a written constitution; and have as one of its objects or activities to endorse candidates to contest elections for the House of Representatives or Senate.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Part XI, Section 123-130: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship j . Other
Comments: (Candidate must be enrolled or entitled to be enrolled.) Constitution Section 44 is held to prohibit dual citizens from standing for Parliament.
Qualifications for election to the House of Representatives and Senate remains the same; the candidate must be 18 years of age, an Australian Citizen and registered as an elector entitled to vote at a House of Representatives election or qualified to become an elector.
[Constitution]
34. Qualifications of members
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as
follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of
members of the House of Representatives, or a person qualified to become such elector, and must have been
for three years at the least a resident within the limits of the Commonwealth as existing at the time when he
is chosen;
(ii) he must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the
United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a
State.
44. Disqualification
Any person who:
(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a
citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence
punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or
(iii) is an undischarged bankrupt or insolvent; or
(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of
any of the revenues of the Commonwealth: or
AUSTRALIA’S CONSTITUTION 14
(v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth
otherwise than as a member and in common with the other members of an incorporated company consisting
of more than twenty-five persons;
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
Source: Constitution, Part III, Art.34 and 44: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/media/AC79BBA0B87A4906A6D71ACCEEF10535.ashx
Commonwealth Electoral Act 1918 (amended in 2019) Section 163: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2)
Comments:
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 169: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
The Australian Electoral Commission: https://www.aec.gov.au/Elections/candidates/overview.htm
The Australian Electoral Commission Candidates Handbook (2019): https://www.aec.gov.au/elections/candidates/files/candidates-handbook.pdf
Verified: 2024/09/09
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: Registered political parties receive direct public funding at each election, which is unspecified and may be used to whatever the party wishes. The payment is based on the number of votes received in the election. Parties will receive payment only where their candidates win at least 4 % of the formal first preference votes in each electorate contested. They receive a fixed amount per vote, currently AUD 3.346. The current election funding rate and automatic payment amount are indexed every six months in accordance with section 321 of the Commonwealth Electoral Act 1918.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 296 and 297: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: Parties will receive payment only where their candidates win at least 4% of the formal first preference vote in each electorate contested For Senate groups, it is sufficient if the group as a whole wins at least 4% of the votes.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 296 and 297: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
The Australian Electoral Commission 'Funding, Disclosure and Political Parties'
https://www.aec.gov.au/Parties_and_Representatives/index.htm#handbooks
Verified: 2024/09/09
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 304 and 305: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: The counting of the votes, known as the scrutiny, begins on polling day as soon as the last voter has voted. Only ordinary votes are counted on election night. The first preference results are tabulated and phoned through to the Divisional Returning Officer (DRO), along with the number of informal votes.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 265: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments: A check of the initial tally is conducted to prevent any discrepancies, however re-counts may be requested by any candidate with valid reason for a re-count of ballots.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 279: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
d . Based on mixture of principles (specify)
Comments: To qualify for time on the Australian Broadcasting Corporation (which does not usually run advertisements) the two major political parties have equal time, and minor parties or independents who won a significant proportion of the vote (ie a seat) at last election get a proportion of that time.
Source: https://www.aec.gov.au/About_AEC/Publications/backgrounders/authorisation.htm
Verified: 2024/09/09
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
c . No
Comments: Debates between the 2 major parties are occasionally conducted but are not required. Participation by individual candidates and smaller parties is rare.
Source: http://www.aec.gov.au/About_AEC/Publications/backgrounders/index.htm
Verified: 2024/09/09
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
b . 2-3 days
Comments: Under Schedule 2 to the Broadcasting Services Act 1992, there is an election advertising blackout on all electronic media from the end of the Wednesday before polling day to the end of polling on the Saturday. This three-day blackout effectively provides a ‘cooling off’ period in the lead up to polling day, during which political parties, candidates and others are no longer able to purchase time on television and radio to broadcast political advertising.
The electronic media blackout provisions and other provisions relating to the broadcasting of ‘political matter’ are administered by ACMA.
Source: https://www.aec.gov.au/About_AEC/Publications/backgrounders/authorisation.htm
Verified: 2024/09/09
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no restrictions on the amount that can be spent in Australia at the federal level.
Source: https://www.aph.gov.au/About_Parliament/Parliamentary_departments/Parliamentary_Library/pubs/rp/rp2122/Quick_Guides/ElectionFundingStates
Verified: 2024/09/09
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: All proposed constitutional amendments must be submitted to a binding referendum. Australia requires a referendum for amendments to the constitution, and instruments of direct democracy are also used in several of the Australian states
Source: "Direct Democracy: The International IDEA Handbook" (2008), p190 (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Constitution: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/media/AC79BBA0B87A4906A6D71ACCEEF10535.ashx
Commonwealth Electoral Act 1918 (amended in 2019): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: All proposed constitutional amendments must be submitted to a binding referendum.
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Constitution: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/media/AC79BBA0B87A4906A6D71ACCEEF10535.ashx
Commonwealth Electoral Act 1918 (amended in 2019): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Commonwealth Electoral Act 1918 (amended in 2019): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Referendums on the basis of Constitutional Amendments are always binding.
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Australia requires a referendum for amendments to the constitution, and
instruments of direct democracy are also used in several of the Australian states
Source: "Direct Democracy: The International IDEA Handbook" (2008), (https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf)
Referendum (Machinery Provisions) Act 1984: https://www.legislation.gov.au/Details/C2019C00100/f03f448e-da13-4d34-928b-688bc43735e4
Verified: 2024/09/09
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district e . At mobile polling stations f . By mail i . By tendered ballot j . Other
Comments: Polling day is always on a Saturday and voting takes place between the hours of 8.00am and 6.00pm. Most people vote by an ordinary vote, that is a vote cast in the elector's enrolled division on polling day.
(j) A number of voting stations in each state/territory can take ballots for all districts in the state/territory.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 183 & 222: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation)
Comments:
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 94(a): https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates e . By mail
Comments: (a.)Some embassies. At the 1996 federal election there were 99 overseas posts at which Australians could vote and a total of 46 307 votes were cast overseas.
Source: Voting Overseas (AEC)
https://www.aec.gov.au/Voting/Ways_to_vote/overseas.htm
Verified: 2024/09/09
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Michael Maley, Director, International Services, Australian Electoral Commission
Commonwealth Electoral Act 1918 (amended in 2019) Section 188: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
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