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Australian Electoral Commission
This page replaces the ‘Backgrounder: Electoral and referendum communications and authorisation requirements’.
Call for submissions on the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021
The AEC is seeking comments on identified areas of proposed reform set out in the discussion paper to the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021(the Determination).
This consultation seeks views from stakeholders and interested members of the public on the key areas identified.
If you are interested in making a submission, please submit a response through the page below:
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.
The purpose of the authorisation requirements is to ensure voters know the source of certain communications likely to influence how they vote in a federal election. Section 321D of the Commonwealth Electoral Act 1918 requires certain communications to have an authorisation statement or message declaring details about the person or entity that is responsible for the communication.
Anyone intending to communicate regarding an electoral or political matter is responsible for ensuring their communication is appropriately authorised.
This authorisation guidance describes the requirements and provides better practice directions to help individuals and entities to ensure electoral communications are properly authorised.
Whether you need to authorise a communication depends on the type of communication, and the entity or person who is responsible for the communication.
Generally, an electoral communication will require an authorisation if it contains electoral matter and it is:
The authorisation requirements are not limited to communications made or distributed during an election period. However, the timing of the communication may be a factor in determining the purpose of the message.
For guidance on whether to authorise electoral matter created by a content creator (e.g. an influencer or podcaster) that is cross post or shared, see Authorisations and content creators.
For guidance on authorising moving visual images, see Authorisations and moving visual images.
There are 3 key steps to determine if you need to authorise a communication, and if so, how to comply with the authorisation requirements:
The authorisations guidance on this website and in the Better Practice Guide is provided as a guide only and is not legal advice. Recommend you can seek your own independent legal advice before distributing electoral communications to ensure you comply with the authorisations requirements and any other applicable laws. Examples in the authorisations guidance are for illustration only. The examples are not exhaustive and are not intended to impose or imply particular rules or requirements.
The AEC does not approve electoral communications for publication, nor does the AEC provide legal advice on whether a particular communication complies with the legislative requirements. The AEC assesses communications on a case-by-case basis.
If you are unsure about whether to authorise a communication, seek your own independent legal advice.
The AEC’s general guidance – ‘if in doubt, authorise it’.
Failure to comply with the authorisation requirements is an offence that may result in enforcement action, including seeking civil penalties. More information on enforcement actions under the Electoral Act.
An individual or entity without a sufficient connection to Australia is prohibited from authorising electoral matter by the Electoral Act. The Act also restricts making or receiving foreign donations.
Non-compliance with the authorisation requirements can be reported to the AEC by making a complaint or tip off:
The Electoral Act does not regulate:
The AEC acknowledges the Traditional Owners of Country throughout Australia and recognises their continuing connection to land, waters, culture and community. We pay our respects to Elders past, present and emerging.
