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1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
COMMONWEALTH ELECTORAL
LEGISLATION (PROVISION OF INFORMATION) BILL
2000
EXPLANATORY
MEMORANDUM
(Circulated with the authority of the
Special Minister of State,
Senator the Honourable Chris
Ellison)
COMMONWEALTH ELECTORAL LEGISLATION (PROVISION OF INFORMATION) BILL 2000
OUTLINE
The Bill contains measures which:
· resolve any questions about past use by agencies of
electronically supplied elector information;
· avoid any potential
argument about the admissibility of evidence in court which has been gathered
relying, in some way, on the use of such elector information;
and
· resolve any questions about future use of elector information
that was supplied electronically and has been incorporated into prescribed
authorities’ information systems.
The amendments result from legal
advice obtained in June and July 2000, including advice from the
Solicitor-General, indicating that the Australian Electoral Commission (the AEC)
could only provide elector information in electronic format to prescribed
authorities (agency heads and authority CEOs of those Commonwealth Agencies and
Authorities listed in Schedule 2 of the Electoral and Referendum Regulations
1940) if permitted purposes for the use of the information had been prescribed.
At the time, no such permitted purposes had been prescribed.
There was
also concern that prescribed authorities may have difficulty in progressing
cases, which had, in some way, relied upon elector information supplied
electronically by the AEC.
FINANCIAL IMPACT STATEMENT
The Government
anticipates that no additional funds will be expended as a result of the
proposed amendments. However, any additional costs would be absorbed by the
AEC.
NOTES ON CLAUSES
Clause 1 – Short title
1. This clause provides
for the Act to be cited as the Commonwealth Electoral Legislation (Provision
of Information) Bill 2000.
Clause 2 – Commencement
2. This clause provides that the Act will commence on the day on
which it receives Royal Assent.
Clause 3 – Validation of
provision of information
4. Sub-clause 3(1) applies to prescribed
authorities as defined in the Commonwealth Electoral Act 1918. The
sub-item covers information provided, on or before 8 June 2000, to those persons
with whom the Electoral Commission had, on or before 9 May 2000, made a written
Agreement for the Safeguard of Confidential Elector Data concerning the supply
of elector information on tape or disk.
5. Sub-clause 3(2) authorises
the use by prescribed authorities, prior to 30 June 2000, of elector information
electronically supplied to them. Such authorisation will negate any questions
about the validity of those authorities’ actions, such as the
identification and location of individuals in relation to law enforcement,
carried out using, in some way, elector information supplied in electronic
format.
6. Further, sub-clause 3(2) clarifies that the use by prescribed
authorities, after 30 June 2000, of elector information previously supplied on
tape or disk is governed by the Regulations prescribing permitted purposes in
place at the time of use.
7. Sub-clause 3(3) will authorise the future
use of elector information supplied, on or before 8 June 2000, by the AEC on
tape or disk under an agreement made on or before 9 May 2000, which has been
incorporated into a prescribed authority’s information systems from which
it would be impracticable to identify and/or remove the elector information
supplied by the AEC.
8. Sub-clause 3(4) provides that unless otherwise
indicated, the terms that are used in the Bill have the same meaning as in the
Commonwealth Electoral Act 1918.