Commonwealth Numbered Regulations - Explanatory Statements

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ELECTORAL AND REFERENDUM REGULATIONS (AMENDMENT) 1995 NO. 190

Statutory Rules 1995 No. 190

Issued by the authority of the Minister for Administrative Services

Commonwealth Electoral Act 1918

Electoral and Referendum Regulations (Amendment)

Section 395 of the Commonwealth Electoral Act 1918 (the CEA) provides that the GovernorGeneral may make regulations for the purposes of the CEA.

The amendments are to regulation 10 of the Electoral and Referendum Regulations in force under the CEA.

Regulation 10, which came into effect upon gazettal on 23 December 1993, prescribes:

•       medical research conducted in accordance With the National Health and Medical Research Council's Guidelines for the Protection Privacy in the Conduct of Medical Research issued under section 95(1) of the Privacy Act 1988, and as gazetted on 1 July 1991; and,

•       public health screening programmes 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 the Department of Health, Housing and Community Services and gazetted on the 1 December 1993.

as permitted purposes, under sub-sections 91(4A)(e), 91A(1) and 91A(2A) of the CEA, for the provision of enrolment information on tape or disk.

The Guidelines for the Protection of Privacy in the Conduct of Medical Research were due to have lapsed on 30 June 1994, however the Privacy Commissioner extended their operation in accordance with paragraph 3.18 of the guidelines, until 30 June 1995 to allow for completion of a review of the guidelines. The revised guidelines wore gazetted on 21 June 1995 with effect from 1 July 1995.

Regulation 10 specifically mentions the date of gazettal of these guidlines and therefore required amendment to delete the gazettal date of the superseded guidelines and replace it with the gazettal date of the revised guidelines.

The Department of Health, Housing, Local Government and Community Services is also mentioned twice. However the name of this department is now the Department of Human Services and Health. The amended Regulation 10 updates this name.

The amendments to regulation 10 commence on gazettal.