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Legislative Framework

Australia Australia

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
(Found a mistake? Please let us know.)
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
(Found a mistake? Please let us know.)
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
(Found a mistake? Please let us know.)
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
(Found a mistake? Please let us know.)
The data on this page is continuously updated. Additional, but potentially outdated material is available here.