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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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
b . The Boundaries Commission
Comments: The Augmented Electoral Commission makes final and non-appelable decisions.
Source: Electoral Act (1918), Section 73 and 77.
Verified: 2002/07/02
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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
c . Number of registered voters
Comments: ...the number of electors enrolled in each Electoral Division in the State or Territory...
Source: Electoral Act, section 73(a)
Verified: 2002/07/02
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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
c . Changes in numbers of registered voters d . Changes in distribution of total population k . Boundaries redrawn every____period of years l . Other
Comments: (c)When a prescribed level of malapportionment is achieved and sustained in the state or territory;
(d)When there is a change in the number of members of the House of Representatives to be chosen in the state or territory at a general election, as determined approximately one year after each general election;
(k)When seven years have elapsed since the state or territory was last redistributed. Of the three possible "triggers" for redistributions, change in representation entitlements has been by far the most important and has accounted for the majority of redistributions initiated since 1984.
There have been no redistributions triggered by malapportionment.
The rules governing the timing of redistributions are based on objective criteria, and do not permit the government of the day any discretion with regard to the scheduling of redistributions. The rules also clearly ensure that there is a limit on the length of time that can elapse between redistributions, which has tended to limit the extent to which malapportionment can arise.
Source: Electoral Act (1918), Section 46, 48, 59 and 76
Verified: 2002/07/19
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
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
d . National elections are held on the same day as local elections only
Comments:
Source:
Verified: 2019/04/25
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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
e . Governmental appointment g . Other
Comments: The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.
Source: Subsection 6(3) of the Commonwealth Electoral Act 1918
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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises f . Mail-outs g . Internet h . Other
Comments: (h)(h)Information briefings, media interviews (AEC staff interviewed), publications, national telephone enquiry service, a telephone interpreting service, internet website.
Source: The AEC
(www.aec.gov.au/electoral_education/education_centres/main.htm)
Verified: 2007/01/09
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement f . Mail-outs g . Internet h . Handouts (printed material)
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au, mailcontact and interview in Stockholm 27/6-01.
Verified: 2007/01/09
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled b . Young people/ first time voters d . Ethnic minorities e . Indigenous groups
Comments:
Source: Michael Bergmann, Australian Electoral Commission (AEC), michael.bergmann(a)aec.gov.au
Verified: 2002/07/04
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration b . Previous Conviction d . Mental disability
Comments: Electoral Act (1918) Section 93:
(7) A person who is:
(a) within the meaning of the Migration Act 1958, the holder
of a temporary visa; or
(b) an unlawful non-citizen under that Act;
is not entitled to enrolment under Part VIII.
(8) A person who:
(a) by reason of being of unsound mind, is incapable of
understanding the nature and significance of enrolment and
voting; or
(c) has been convicted of treason or treachery and has not
been pardoned;
is not entitled to have his or her name placed on or retained on
any Roll or to vote at any Senate election or House of
Representatives election.
(8AA) A person who is serving a sentence of imprisonment for an
offence against the law of the Commonwealth or of a State or
Territory is not entitled to vote at any Senate election or House
of Representatives election.
Note: For the definition of sentence of imprisonment, see
subsection 4(1A).
Source: Electoral Act (1918) Section 93
Verified: 2007/01/09
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
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments: b. permanent voters list.
Source: Electoral Act (1918), Section 81.
Verified: 2002/05/29
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments: In 1997, an address register was created within the roll management system (RMANS). Following its introduction, divisional staff are now required to maintain details of individual addresses and boundary information relating to localities and electoral areas. In doing this work, staff liaise with local councils, follow up information provided by electors, and verify certain address details in the field. The address details held in RMANS are subject to continous update to record new development, street changes, and renumbering of rural roads.
Source: Michael Bergmann, Australian Electoral Commission (AEC), michael.bergmann(a)aec.gov.au
Verified: 2002/07/04
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
c . Links for applications for government services d . Registration by mail e . Appearance by voter at registration office f . Door-to-door registration campaign g . Data matching with other agencies information h . Mobile election registrar i . Internet registration
Comments: i. Internet registration: voter registration forms are available online, but must be printed out and either faxed or posted to the AEC.
All changes to the register can only be made on receipt of signed notifcation from the individual elector.
Source: Michael Bergmann
Verified: 2007/01/09
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
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
a . Signature requirement (specify requirement) 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.
(f)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: Electoral Act (1918), Section 126.
Verified: 2007/01/09
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
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship
Comments: (Candidate must be enrolled or entitled to be enrolled.) Constitution Section 44 is held to prohibit dual citizens from standing for Parliament.
Source: Constitution, Part 3, Art. 8, 34 and 44.
Verified: 2002/05/29
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
Source: Constitution, Ch.1, Art.1.
Verified: 2002/05/29
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration b . Detention c . Criminal record f . Holding of military office g . Holding of government office k . Mental health problems l . Multiple Citizenship n . Holding of other public offices (police etc.)
Comments: 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
(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;
Source: Constitution, Section 44
Candidates must sign a declaration that they are not disqualified under section 44 of the Constitution.
Verified: 2007/01/09
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source: Constitution, Ch. 1, Art.1.
Verified: 2002/05/30
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: Signature requirement: 50
Deposit requirement: US$185
The deposit will be refunded if the candidate's total number of first preference votes is at least four percent of the formal first preference votes for that division. The deposit is also refunded if the candidate is elected.
Source: Commonwealth Electoral Act 1918 s 166 and 170
Verified: 2007/01/09
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: a. 50 signatures of electors entitled to vote for the relevant election b. Deposit requirement: AUD$700 The deposit will be refunded if the candidate's total number of first preference votes is at least four percent of the formal first preference votes for that State/Territory. The deposit is also refunded if the candidate is elected.
Source: Commonwealth Electoral Act s166 and 170
Verified: 2002/07/02
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2007/01/09
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
a . As related to the election period only
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2007/01/09
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
Comments: e.) Parties only recieve direct public funding.
Source: Kate Sullivan
Verified: 2001/08/28
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
c . Unspecified
Comments:
Source: Kate Sullivan
Verified: 2001/08/28
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
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2007/01/09
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure h . Publication or public access to contribution and / or expenditure reports
Comments: Following the end of the financial year the Agent of each registered political party or State branch is required to complete an Annual Return disclosing the totals of the partyâs receipts, payments and debts. More detailed disclosure is required of persons or organisations for whom receipts or debts aggregate to $1,500 or more. With receipts it is only necessary to aggregate individual transactions of $500 or more. Associated entities of political parties are required to lodge with the AEC annual disclosure Returns that are virtually identical in their scope and detail to that of parties. (An associated entity is an organisation which is either controlled by, or operates wholly or mainly for the benefit of, one or more registered political parties.) Parties should provide the AEC with contact details for all associated entities of the party.
Source: Electoral Act (1918), Part XX
Verified: 2002/07/02
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
a . Public disclosure of candidate contributions received b . Public disclosure of candidate expenditure h . Publication or public access to contribution and / or expenditure reports
Comments:
Source: Kate Sullivan
Verified: 2001/08/28
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body
Comments:
Source: Electoral Act (1918), Part XX
Verified: 2002/07/02
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
a . Single ballot (all registered parties listed) e . Ability to vote for candidates within parties (personal vote) g . Different ballots used in different constituencies l . No photos or logos, only party and/or candidate names n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official
Comments: Need an option for ordinal ballot
Source: Kate Sullivan
Verified: 2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
a . Single ballot (all registered parties listed) e . Ability to vote for candidates within parties (personal vote) g . Different ballots used in different constituencies l . No photos or logos, only party and/or candidate names n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official
Comments: Need an answer for ordinal
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2009/11/04
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
a . Separate ballots for different elections b . Preliminary count of all ballots in ballot box e . Number of ballots reconciled against ballots initially received (minus spoilt and unused) f . Each ballot paper held up for public scrutiny, with name of party/candidate called out loud j . Sorted into piles according to individual party/candidate l . Counted by hand m . Sorted by party list n . Transfer ballots from party/candidate with least support to second preference o . Data fed into computer for calculation r . Observers and party agents are permitted to take their own copies of the results
Comments:
Source: Kate Sullivan
Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au, mailcontact and interview in Stockholm 27/6-01.
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level
Comments: The first results are tabulated and phoned through to the Divisional Returning Offcier (DRO), along with the number of informal votes. The DRO enters the results for each polling place into the AEC's national computerised Election Night System. These results are transmitted to the National Tally Room (NTR) in Canberra where they are placed on the National Tally Board and are electronically fed to the media.
Declaration envelopes containing absent, pre-poll, postal and provisional votes are checked by divisional staff after polling day before they are opened and admitted into the count.
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
b . District level
Comments:
Source: Constitution section 24
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported b . By telephone f . By computer
Comments: (b.) By telephone from the polling station to the Divisional Returning Officer.
(f.) By computer link-existing open network from each Divisional Officer through AEC's computer network to the National tally room in Canberra.
Source: Michael Maley, Director, Research and International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au
Verified: 2009/11/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots b . Unused and spoiled ballots c . Counterfoils of used ballots d . Voter rolls e . Tendered ballots f . Certificate of result
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au, mailcontact and interview in Stockholm 27/6-01.
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
b . Tamper proof bags c . Signatures on sealed envelopes e . Accompanied by election officials
Comments:
Source: Kate Sullivan
Verified: 2009/11/04
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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source: Electoral Act, Art.279
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
b . An individual candidate c . Election officials
Comments: Recounts only occur when the result of an election is very close, when a candidate makes a request in writing (through a District provisional officer/Australian electoral officers (AEO) is not obliged to conduct a recount automatically on the request of a candidate), or when the Electoral Commissioner or AEO directs one.
Source: AEC Electoral Pocket Book p.55
Electoral Act art.279
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
a . National Election Management body
Comments: The Divisional Returning Officer in the presence of any scrutineers.
Source: Electoral Act, Section 279
Verified: 2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source: Michael Maley, Director, International Services,Australian Electoral Commission (AEC), michael.maley(a)aec.gov.au, mailcontact and interview in Stockholm 27/6-01.
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments: The Electoral Commission must endorse and return the writ to the Governor-General specifying the elected candidates.
Australian Electoral Officers in each State must do the same with the Senate writs.
Source: Commonwealth Electoral Act Part XiX
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
b . days:
Comments: Writs must be returned within 100 days of issue, usually 40 to 50 days after polling days.
Source: Commonwealth Electoral Act 159
Verified: 2009/11/04
Media and Elections
ME001
Please provide information about the person completing the questionnaire.
Name and Title: Brien Hallett
Job Title: Assistant Commissioner, Public Awareness Media and Research
Organisation: Australian Electoral Commission
Contact Address: Post Office Box 6172 Kingston 2604 ACT Australia
Telephone: +61 2 6271 4411
Facsimile: +61 2 6271 4558
Email: [email protected]
Source
No Source
Verified
2009/08/20
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments: Majority of Australian print media is held by two large companies.
Source:
Verified: 2005/05/09
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source: Australian Communications Authority (ACA) www.aca.gov.au
Verified: 2005/05/09
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/05/09
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source: DCITA website ABC / SBS TV www.dcita.gov.au
Verified: 2006/04/03
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments: Australian Broadcasting Corporation (ABC) & Special Broadcasting Service (SBS) radio penetration rates as at 30 June 2001.
Source: Dept of Communication, Information, Technology and the Arts (DCITA) website.
Verified: 2006/04/03
ME016
Question: In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
Answer(s):
a . Public radio
Comments: c. 1; f. 2; a. 3; d. 4; e. 5.
We rated the following media at a national level that citizens most rely on as a source of information. Our response was based on information provided by the Australian Government's Communication Unit and the Department of Communications, Information, Technology and the Arts who have responsibility in this area.
Source:
Verified: 2007/01/09
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
b . Independent regulator
Comments: Australian Communications Authority is the government established regulator.
Source:
Verified: 2005/05/09
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
b . Private companies d . Foreigners
Comments: Licences to political parties is unclear on DCITA website.
Foreigners are currently not able to hold more than 15% of commercial broadcasting licences. There are minimal restrictions and references to foreign ownership or control of commercial radio stations.
For print [Foreign Acquisitions & Takeover Act 1975] limit for national or metro daily is 25% - 30% aggregate.
Source: www.dcita.gov.au
Verified: 2007/01/09
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments: Last (and most notable) case was in the 1950s for two journalists jailed for contempt of Parliament.
Source:
Verified: 2006/04/03
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law
Comments: Australian Commonwealth Electoral Act 1918 . Section 329 (1)
The Federal Parliament has determined that the Electoral Act should NOT regulate the content of political messages contained in electoral advertising, rather, the intent of the Electoral Act is to ensure electors are informed about the source of political advertising, and to ensure that political advertising does not mislead or deceive electors about the way in which a vote must be cast.
Accordingly, the AEC has no role or responsibility in deciding whether political messages published or broadcast in relation to a federal election are true or untrue. However, the AEC does have a role in ensuring, to the extent possible, that electoral advertisements are properly authorised so that electors can know who is responsible for the statements contained in them.
Source: AEC's Electoral Backgrounder No 15 Electoral Advertising and www.aec.gov.au
Verified: 2007/01/09
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
b . Voluntary regulator (e.g. media council, journalists' ethics committee)
Comments: Federation of TV networks reviews election advertisements prior to broadcast by commercial tv stations for the purpose of
** classifying the ad under the Commercial Television Industry Code of Practice;
** ensuring the ads include the authorisation tag required by the Broadcasting Services Act (Clause 4 of Part 2 of Schedule 2);
** protecting broadcasters from liability for publishing defamatory material.
Common law of Defamation: Schedule 2 of the Broadcasting Services Act 1922, administered by the Australian Broadcasting Authority (Media Blackout).
Source: AEC's Electoral Backgrounder No 15 Electoral Advertising and www.aec.gov.au
Verified: 2007/01/09
ME026
Question: What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
Answer(s):
d . Other (specify)
Comments: Only responsibility of the AEC is to ensure that political ads must be authorised and must not mislead or deceive electors about way in which a vote must be cast. No "truth in advertising" provision in legislation.
Source:
Verified: 2006/04/03
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
a . Yes
Comments: This is mainly to check that details and messages from the AEC and election processes are being communicated clearly, effectively to all areas and correctly. Also for issues management if the AEC needs to respond to criticism.
Source:
Verified: 2005/05/12
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
c . Other (specify)
Comments: Penalty of no more than $1,000 (individuals) or $5,000 (corporation) for no authorisation of an advertisement (Section 328 of the Act).
If there is no heading to electoral advertising = penalty of 5 x $110 penalty units.
Source:
Verified: 2007/01/09
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
b . No
Comments: This is completely up to the discretion of the editor or media outlet itself. No one has a RIGHT.
Source:
Verified: 2006/04/03
ME030
Question: What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
Answer(s):
a . Criminal prosecution
Comments: Defamation law in Australia is currently constituted by a combination of common law and State and Territory statutes. Note this is generally a civil rather than a criminal action in the courts.
Source: The Attorney General's Department www.ag.gov.au
Verified: 2006/04/03
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
b . No
Comments: This is self-regulated by the media outlets directly in the form of Code of Conducts developed by journalists' union.
Source:
Verified: 2006/04/03
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
b . Government owned
Comments: In general, most media don't provide free advertising as they are not obliged to under legislation (as a 'right' or as a requirement). However, our public broadcaster (The Australian Broadcasting Corporation) is required to provide major political parties contesting the election with a small amount of air time for public announcements.
Naturally, if privately owned broadcasters wish to provide free air time, they may do so, but in practice this is rare.
Source:
Verified: 2007/01/09
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
b . Government owned
Comments: In general, most media don't provide free advertising as they are not obliged to under legislation (as a 'right' or as a requirement). However, our public broadcaster (The Australian Broadcasting Corporation) is required to provide major political parties contesting the election with a small amount of air time for public announcements. Naturally, if privately owned broadcasters wish to provide free air time, they may do so, but in practice this is rare.
Source:
Verified: 2006/04/03
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
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Refer #24. Re privately owned media, this is up to the discretion of media outlets themselves.
Source:
Verified: 2005/05/12
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Refer #24. Re privately owned media, this is up to the discretion of media outlets themselves.
Source:
Verified: 2005/05/12
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: Refer #24. Re privately owned media, this is up to the discretion of media outlets themselves.
Source:
Verified: 2005/05/12
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
h . Not applicable
Comments: Refer #24: and for privately owned media, this is up to the discretion of media outlets themselves.
Source:
Verified: 2006/04/03
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Although this is up to the discretion of media outlets. ABC Act 1983: provider of independent national broadcasting Service. The ABC shall not broadcast advertisements (Section 31.1). The ABC may determine to what extent and in what manner political matter or controversial matter will be broadcast (Section 79A.1).
The government owned Special Broadcasting Service (SBS) will not broadcast political matter (ie. matter that promotes a registered political party or lobbies for a change in legislation (SBS Code of Practice 5.1).
Source:
Verified: 2007/01/09
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: Although this is up to the discretion of media outlets.
ABC Act 1983: provider of independent national broadcasting Service. The ABC shall not broadcast advertisements (Section 31.1). The ABC may determine to what extent and in what manner political matter or controversial matter will be broadcast (Section 79A.1).
The government owned Special Broadcasting Service (SBS) will not broadcast political matter (ie. matter that promotes a registered political party or lobbies for a change in legislation (SBS Code of Practice 5.1).
Source:
Verified: 2007/01/09
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: Although this is up to the discretion of media outlets.
ABC Act 1983: provider of independent national broadcasting Service. The ABC shall not broadcast advertisements (Section 31.1). The ABC may determine to what extent and in what manner political matter or controversial matter will be broadcast (Section 79A.1).
The government owned Special Broadcasting Service (SBS) will not broadcast political matter (ie. matter that promotes a registered political party or lobbies for a change in legislation (SBS Code of Practice 5.1).
Source:
Verified: 2007/01/09
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
g . Not regulated: based only on the amount the candidate wishes to spend
Comments: This is up to the discretion of the media outlet or agency.
Source:
Verified: 2005/05/12
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
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
b . Outside the polling station
Comments: Electoral code prohibits canvassing (including polling) 6 metres from the entrance and exit of a polling place.
Source:
Verified: 2005/05/12
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
d . Other (specify)
Comments: At the discretion of those carrying out the exit poll.
Source:
Verified: 2005/05/12
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
d . Other (specify)
Comments: In Australian, results can be reported as soon as available, even if polling is still underway in other parts of the country due to time differences.
Source:
Verified: 2005/05/12
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments: No laws exist to stop this from occurring.
Source:
Verified: 2005/05/12
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
a . A media department c . A commissioner with responsibility for media work
Comments:
Source:
Verified: 2005/05/12
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/05/12
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
a . Media packs/press kits b . Press releases c . Press conferences/briefings d . Pre-recorded radio or TV slots e . Web site g . Other (specify)
Comments: The AEC also provides publications such as information files and electoral backgrounders to any media interested.
Source:
Verified: 2005/05/12
ME070
Question: Has the EMB provided or facilitated training for journalists in how the electoral process works?
Answer:
a . Yes
Comments: Media briefings occur at election time.
Source:
Verified: 2005/05/12
ME071
Question: Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
b . Government owned
Comments: In 2004 Federal Election free broadcast for information relating to one issue was provided as a community service announcement. This is not usual and is not an ongoing arrangement as it is up to the discretion of the media outlet or agency direct.
Source:
Verified: 2005/05/12
ME072
Question: Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: In 2004 Federal Election free broadcast for information relating to one issue was provided as a community service announcement. This is not usual and is not an ongoing arrangement as it is up to the discretion of the media outlet or agency direct.
Source:
Verified: 2005/05/12
ME073
Question: Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: In 2004 Federal Election free broadcast for information relating to one issue was provided as a community service announcement. This is not usual and is not an ongoing arrangement as it is up to the discretion of the media outlet or agency direct.
Source:
Verified: 2005/05/12
ME074
Question: Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/05/12
ME075
Question: Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/05/12
ME076
Question: Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/05/12
ME077
Question: What steps does the EMB take to make sure that it is communicating its message to the media?
Answer(s):
a . It consults the media about the usefulness of materials provided to them by the EMB. b . It consults the media about the usefulness of the EMB's website. c . It encourages the media to subscribe to a media page in the EMB's website in order to receive regular updates. d . It monitors the media coverage of its own activities.
Comments:
Source:
Verified: 2005/05/12
ME078
Question: Which of the following do you judge to be significant barriers to the EMB in communicating its message to the media?
Answer(s):
c . Cost of paid advertising limiting dissemination of voter education messages
Comments:
Source:
Verified: 2005/05/12
ME079
Question: Overall, how effective do you judge the EMB's ability to communicate through the media during election campaigns to be?
Answer:
b . Quite effective
Comments: The AEC could be more effective with more advertising coverage (due to diversity of media outlets spread over large landmass with small population) and more ongoing media community education between elections. It could also be more effective with more key media spokespersons in the organisation. Steps have been taken to refocus the community education program conducted between elections.
Source:
Verified: 2005/05/12
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
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source:
Verified: 2006/10/30
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source:
Verified: 2006/10/30
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
b . Under certain circumstances (specify below)
Comments:
Source:
Verified: 2006/10/30
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
b . Under certain circumstances (specify below)
Comments:
Source:
Verified: 2006/10/30
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
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
a . <1901
Comments: 1898
Source: Jau-Yuan Hwang, ed., Direct Democracy in Asia: A Reference Guide to the Legislations and
Practices (Taipei: Taiwan Foundation for Democracy, 2006).
http://www.aph.gov.au/library/handbook/referendums/index.htm
Constitution
"Direct Democracy: The International IDEA Handbook" (2008), (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2009/08/20
DD133
Question: What year was the first referendum/initiative held?
Answer:
a . <1901
Comments: 1898
Source: Jau-Yuan Hwang, ed., Direct Democracy in Asia: A Reference Guide to the Legislations and
Practices (Taipei: Taiwan Foundation for Democracy, 2006).
http://www.aph.gov.au/library/handbook/referendums/index.htm
Constitution
"Direct Democracy: The International IDEA Handbook" (2008), (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2009/08/20
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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