Electoral and Referendum Amendment Regulations 2007 (No. 1)¹

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984.

Dated 12 April 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

GARY NAIRN

1              Name of Regulations

                These Regulations are the Electoral and Referendum Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on 16 April 2007.

3              Amendment of Electoral and Referendum Regulations 1940

                Schedule 1 amends the Electoral and Referendum Regulations 1940, as amended by the Electoral and Referendum Amendment Regulations 2006 (No. 1).

Schedule 1        Amendments

(regulation 3)

[1]           Before regulation 12

insert in Part II

11A         Evidence of Identity (paragraphs 94A (2) (e) and 95 (2) (d) of the Act)

         (1)   Subject to subregulation (2), a person making an application under section 94A or 95 of the Act must provide:

                (a)    his or her driver’s licence number and the Australian State or Territory in which the licence was issued; or

               (b)    his or her Australian passport number.

         (2)   If an applicant does not hold a driver’s licence issued by an Australian State or Territory, and does not hold an Australian passport:

                (a)    the applicant must show to a person in a class of electors set out in Schedule 2 an original document, of a kind listed in item 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 of Schedule 3, that identifies the applicant; and

               (b)    the person must complete the declaration on the enrolment form, stating that the person:

                          (i)    is on the roll of electors; and

                         (ii)    has sighted the original of one of the documents listed in item 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 of Schedule 3.

         (3)   If an applicant is unable to comply with subregulation (1) or (2), the applicant must have his or her application signed by 2 electors, who are able:

                (a)    to confirm the applicant’s name; and

               (b)    to confirm that they have known the applicant for at least 1 month.

[2]           Regulation 12, heading

substitute

12            Evidence of Identity (paragraphs 96 (2) (d), 98 (2) (d) and 99A (4) (e) of the Act)

[3]           Subregulation 12 (1)

omit

94A, 95 or

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.