Info
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: https://www.aec.gov.au/Elections/australian_electoral_system/Electoral_Legislation.htm
Commnwealth Electoral Act 1918, as amended on 8 March 2019: https://www.legislation.gov.au/Details/C2019C00103
Australia's Constitution of 1901: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution
Verified: 2019/07/08
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments:
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
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: 245. (1) It shall be the duty of every elector to vote at each election.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, art 245: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/08
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: 353.(1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise.
354. (1) The High Court shall be the Court of Disputed Returns, and shall have jurisdiction either to try the petition or to refer it for trial to the Federal Court of Australia (the Federal Court).
(Commonwealth Electoral Act 1918, section 353, 354).
157. Validity of election or return, how to dispute
(1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns, and not
otherwise.
(Western Australia Electoral Act 1907, section 157).
4.81. Complaints to go to Court of Disputed Returns
(1) An invalidity complaint is to be made to a Court of Disputed Returns, constituted by a magistrate, but can only be made
within 28 days after notice is given of the result of the election.
(Western Australia Local Government Act 1995, art. 4.81).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, art. 353, 354: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 157: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Western Australia Local Government Act 1995, art. 4.81: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
Verified: 2019/08/01
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