Electoral and referendum communications and authorisation requirements

Updated: 16 August 2023

Anyone intending to communicate regarding an electoral, referendum or political matter must ensure the communication is appropriately authorised.

Planning electoral or referendum communication

Electoral communications

An electoral communication is a matter communicated, or intended to be communicated, for the dominant purpose of influencing the way electors vote in a federal election. This includes, but is not limited to, a communication that expressly promotes or opposes a candidate, political party, member or Senator.

Referendum communications

A referendum communication is a matter communicated, or intended to be communicated, for the dominant purpose of influencing the way electors vote at a referendum. This includes, but is not limited to, a communication that expressly promotes or opposes a proposed law for the alteration of the Constitution, to the extent that the matter relates to a referendum.

The authorisation requirements apply to referendum communications made at any time. The requirements are not limited to communication undertaken during an election or referendum period. The requirements apply to modern communication channels and methods including online platforms, bulk text messages and robo-calls.

The form of an authorisation particulars for electoral or referendum communication will depend on the type of communication, and the entity or person who authorises the communication. Please see the Backgrounder for more information.

Failure to comply with the authorisation requirements is an offence that may result in enforcement action, including seeking civil penalties.

AEC Publications

The AEC has available a number of publications in relation to regulating electoral and referendum communications:

The Electoral Act does not regulate:

  • truth in electoral communications – resources to help you consider the source of a communication
  • the amount of electoral advertising a candidate or political party may make or the communication channels they may use
  • the SPAM Act or Do Not Call Register – inquiries or complaints can be made to the Australian Communications and Media Authority (ACMA)
  • broadcast electoral communications or the obligations of broadcasters – inquiries or complaints can be made to ACMA.