Call for submissions on the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021

Updated: 14 September 2026

Overview

The AEC is requesting submissions on proposed areas for reform of the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021(Authorisation Determination). The Australian Electoral Commission (AEC) invites you to consider whether certain aspects of the authorisation requirements set out in the discussion paper would benefit from clarification and whether those matters can be clarified by amending the Authorisation Determination.

On 3 July 2021, the Electoral Commissioner made the Authorisation Determination. Since then, the Authorisation Determination has applied to the 2022 federal election, several by-elections, the 2023 referendum and the 2025 federal election. In addition, the Authorisation Determination has been considered by the Federal Court in Australian Electoral Commissioner v Kelly [2023] FCA 854, Australian Electoral Commissioner v Laming (No 2) [2023] FCA 917 and Electoral Commissioner v McQuestin [2024] FCA 287.

Please note: This discussion paper is concerned with the Authorisation Determination that the Electoral Commissioner may determine. Any consideration of legislative amendments to the authorisation requirements in Part XXA of the Electoral Act or Part IX of the Referendum Act are outside the scope of this paper and are a matter for Parliament, not the AEC.

Why is the AEC consulting

The AEC has not yet made decisions on the proposed amendments to the Authorisation Determination. Responses to the discussion paper will be considered by the AEC to inform advice to the Electoral Commissioner in relation to proposed reforms.

Who we want to hear from

This consultation seeks views from stakeholders and interested members of the public on the key areas identified. 

How to make submissions

Your contribution may help inform recommendations to the Electoral Commissioner to consider changes to the Authorisation Determination before the next election or referendum event.

Please provide written submissions in response to the discussion paper by 12 October 2026.

Please note: This discussion paper is concerned with the Authorisation Determination. Legislative amendments to the Electoral Act or to the Referendum Act are outside the scope of this paper.

Written submissions can be uploaded by clicking ‘Make a submission’ below.

You may also lodge your submission by email to:
authorisations@aec.gov.au  

Alternatively, you can post a submission to:
Electoral Authorisations Section
Australian Electoral Commission
Locked Bag 4007 CANBERRA ACT 2601

If you have questions about the discussion paper, please email authorisations@aec.gov.au.  

You do not need to answer every question. You are welcome to respond to those questions that may be relevant to you or your organisation.

Privacy

Submissions may be made publicly available, although the AEC reserves the right to leave unpublished any submission, or part thereof. Please indicate if you would like your submission to be confidential.

Submissions may be subject to requests made under the Freedom of Information Act 1984. Personal information shared through the consultation process will be treated in accordance with the Privacy Act 1988. For more information on how the AEC handles personal information, please see the AEC Privacy Policy.