Commonwealth Numbered Regulations - Explanatory Statements

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ELECTORAL AND REFERENDUM REGULATIONS (AMENDMENT) 1993 NO. 356

EXPLANATORY STATEMENT

Statutory Rules 1993 No. 356

Issued by the authority of the Minister for the Arts and Administrative Services

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Electoral and Referendum Regulations (Amendment)

Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Section 144 of the Referendum (Machinery Provisions) Act 1984 (the 1984 Act) provides that the Governor-General may make regulations for the purposes of the 1984 Act.

The proposed Regulations would amend the Electoral and Referendum Regulations which are in force under the Act and the 1984 Act.

Under section 91(4A)(e) of the Act the Commission may, on request, if it considers it appropriate, and subject to conditions (if any) it determines, provide to any person or organisation a copy on tape or disk of any Roll or of any supplement to a Roll.

Section 91A(1) of the Act provides that if a tape or disk has been provided under subsection 91(4A), a person must not use information obtained by means of the tape or disk except for a purpose that is a permitted purpose in relation to the person or organisation to which the tape or disk was provided.

Section 91A(2A) of the Act provides that the permitted purposes in relation to a person or organisation other than a Senator, member of the House of Representatives or political party are: any purpose in connection with an election or referendum; monitoring the accuracy of information contained in a Roll; and any other purpose that is prescribed.

The purpose of the proposed Regulations is to provide that:

       medical research conducted in accordance with the National Health and Medical Research Council's (NHMRC's) Guidelines for the Protection of Privacy in the Conduct of Medical Research issued by the NHMRC under section 95(1) of the Privacy Act 1988; and

       public health screening programs approved by the Secretary of the Department of Health, Housing, Local Government and Community Services and conducted in accordance with the Guidelines for the Conduct of Public Health Screening Programs with particular Reference to Privacy and the Management of Personal Information issued by that Department,

are permitted purposes for the use of a Roll provided to a person or organisation other than a Senator, Member of the House of Representatives or political party, on tape or disk.

The proposed Regulations commence on gazettal.


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