Federal Register of Legislation - Australian Government

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Proclamations/Commencement of Act as made
This Proclamation provides for commencement of Part 1 of Schedule 3 to the Electoral and Referendum Legislation Amendment Act 2007.
Administered by: Finance
Registered 13 Apr 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014




Electoral and Referendum Legislation Amendment Act 2007




Subsection 2(1) of the Electoral and Referendum Legislation Amendment Act 2007 (the Act) provides that Part 1 of Schedule 3 to the Act will commence on a single day to be fixed by Proclamation.  However, if any of the provisions in Part 1 do not commence within the period of six months beginning on the day on which the Act receives the Royal Assent, they will commence on the first day after the end of that period.  The Act received Royal Assent on 15 March 2007.


The purpose of the Proclamation is to fix 16 April 2007 as the day on which Part 1 of Schedule 3 to the Act commences.


Other than Part 1 of Schedule 3 to the Act, all the provisions of the Act commenced on Royal Assent.


The Act primarily amends the Commonwealth Electoral Act 1918 (Electoral Act) and the Referendum (Machinery Provisions) Act 1984.  The amendments introduce reforms following recommendations made in the Joint Standing Committee on Electoral Matters’ Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto.


The Government Response to this Report included establishing a scheme that required all applicants for enrolment, re-enrolment and those changing their enrolment to provide evidence of their identity.  This scheme is implemented by the Electoral and Referendum Amendment Regulations 2006 (No. 1) (POI Regulations) which commence on 16 April 2007.  A key feature of the proof of identity scheme is that if an applicant for enrolment possesses a driver’s licence, he or she must provide the number of the driver’s licence to satisfy the requirements.


Part 1 of Schedule 3 to the Act inserts new provisions into the Electoral Act to provide that, subject to a number of conditions, people residing outside of Australia may apply for enrolment and meet proof of identity requirements by providing their Australian passport number or Australian driver’s licence number.  The commencement date is the same date as the commencement of the POI Regulations so that all proof of identity requirements commence on the same day.


Consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.