For the by-elections held during the 47th Australian Parliament, the AEC investigated 52 authorisation matters.  Warning letters were sent in relation to identified authorisation breaches (63.5% of matters investigated). The following Table provides a breakdown of the breaches identified by communication type and event.

Authorisation investigations and breaches detected

Of the 33 breaches detected, warnings letters were sent to people or entities to request action to rectify or remove improperly authorised communications. If the entity for was a first-time participant, further educational information was included in the letter.

For more information on the authorisation breaches identified for the by-elections held during the 47th Australian Parliament, the person or entities contacted and the outcomes see this Table.

The AEC investigated 414 authorisation matters between 30 March and 31 October 2023 (47.6% related to print media communications; 32.4% cent related to social media communications). Warning letters were sent in relation to 181 identified authorisation breaches (44% of matters investigated). The following Table provides a breakdown of the breaches identified by communication type.

Referendum authorisation investigations and breaches detected

*Please note:

• Where breaches were detected, warnings and education letters were sent to people or entities to request action to rectify or remove improperly authorised communications:
• education letters were sent to first time referendum participants and contained more information about the regulatory requirements.
• warning letters were sent to referendum participants who regularly participate in electoral events or were previously sent information about the referendum authorisation requirements.

For more information on the authorisation breaches identified at the referendum, the person or entities contacted and the outcomes see this Table.

The AEC investigated 900 electoral communications complaints from 11 April 2022 (issue of writs) to 23 June 2022 (return of writs). 826 of these complaints related to the authorisation of electoral communications (56% related to print media communications; 22.4% cent related to social media communications).

Warning letters were sent in relation to 180 identified authorisation breaches (21.8% of matters investigated). The following Table provides a breakdown of the breaches identified by communication type.

2022 Federal Election authorisation investigations and breaches detected

Of the 180 breaches detected, warnings letters were sent to people or entities to request action to rectify or remove improperly authorised communications. If the entity for was a first-time participant, further educational information was included in the letter.

For more information on the authorisation breaches identified at the 2022 Federal Election, the person or entities contacted and the outcomes see this Table.

Compulsory enrolment requires all Australian citizens aged 18 years to be enrolled on the Commonwealth electoral roll. British subjects who were enrolled on 25 January 1984 are also entitled to remain on the electoral roll. Under section 101 of the Electoral Act, an eligible individual who fails to enrol to vote may be issued a fine not exceeding 1 penalty unit.

More on enrolment.

It is an offence under section 245 of the Electoral Act if the elector fails to vote at an election without a valid and sufficient reason for that failure. Electors who fail to vote will be sent a penalty notice seeking the confirmation whether the elector voted, has a valid and sufficient reason for not voting, or failing that pays an administrative penalty of $20.

Where an elector fails to do any of these things, the elector may be prosecuted in accordance with section 245(15) of the Electoral Act.

More on compulsory voting.

More on the Commonwealth electoral roll.

It an offence under section 189B of the Electoral Act to obtain the information about postal vote applicants without a permitted purpose. Senate or House of Representative candidates and registered political parties can be provided a list of postal vote applicants for the purposes listed in section 189B.

The Electoral Act requires that scrutineers must not interfere with voters, or attempt to influence any voter within a polling place and must not exhibit or leave any printed material that directs, instructs or is intended to influence an elector on how to vote. Scrutineers must not disclose any knowledge or information they have acquired about how an elector has voted. The penalty for misconduct by scrutineers is 6 months imprisonment or 10 penalty units, or both.

More on the role of scrutineers

With one limited exception the Electoral Act does not regulate truth in electoral advertising. Section 329(1) of the Electoral Act makes it an offence to print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote. The maximum penalty for a contravention of section 329(1) is a fine not exceeding 100 penalty units or imprisonment for a period not exceeding three years, or both, for a person; or a fine not exceeding 500 penalty units for a body corporate.

More information on misleading or deceptive publications.

The Electoral Act also lists a range of other criminal offences including bribery in relation to voting or interfering with a voter attempting to vote.

More information on polling place and other offences can be found on our website here and in the Electoral Act.