We regulate all participants in federal electoral processes, including:

• voters
• candidates and elected members of the House of Representatives and senators
• registered political parties and other disclosure entities
• anyone who gives or receives political donations
• anyone who campaigns or fundraises for a political party or candidate
• anyone who communicates, publishes or distributes electoral matter.

We regulate:

• Authorisation of electoral matter and referendum matter at Part XXA of the Electoral Act and Part IX of the Referendum Act
• Voter integrity including:
• Compulsory voting under s 245 of the Electoral Act and s 45 of the Referendum Act
• Other voter integrity requirements such as preventing voting more than once (multiple voting) under s 339 of the Electoral Act and s 130 of the Referendum Act
• Financial disclosure and election funding at Part XX of the Electoral Act and Part VIIIA of the Referendum Act including:
• Prohibitions on foreign participation in Australian elections in relation to financial disclosure, campaigning, and authorisations
• Conduct and other offences during election periods (this includes the other electoral offences in Part XXI of the Electoral Act and Part X of the Referendum Act).

Our responsive and risk-based regulatory approach, in line with the whole-of-government Regulatory Policy, Practice and Performance Framework promotes understanding, accountability and compliance by:

• Educating individuals and entities of their regulatory obligations and escalating progressively to more serious responses depending on the risk and seriousness of the non-compliance issue
• Using a targeted approach based on the risk to Australia’s democratic processes
• Utilising deterrence strategies to ensure compliance is achieved. This can include court action to respond to and deter breaches. We seek penalties for more serious breaches of electoral legislation and refer criminal matters to the Australian Federal Police. Through deterrence activities, we ensure electoral participants are aware that non-compliance will be detected, and appropriate regulatory action will be taken
• Applying an evidence-based and data-driven approach to assessing effectiveness and to inform quality improvement of our regulatory approach
• Utilising a range of regulatory tools to ensure electoral participants are accountable and the integrity of Australia’s electoral system is protected.

We have authority under legislation to take the following regulatory actions in response to potential or actual breaches:

• issuing educative letters and directing participants to our education materials
• issuing warning letters
• directly engaging with social media (including take down requests)
• conducting investigations and compelling the production of documents
• anti-avoidance measures requiring persons to give evidence
• seeking warrants for search and seizure
• seeking injunctions
• designating electors so they are required to vote by declaration vote
• seeking enforceable undertakings
• seeking civil penalties
• referring criminal matters for prosecution.

This list of regulatory actions is not exhaustive. We may take any appropriate action under legislation to achieve compliance and respond to breaches or potential breaches as we consider necessary.

The following diagram outlines different enforcement actions we may take depending on factors such as:

• the level of compliance and responsiveness
• the severity of non-compliance, and
• the risk to electoral processes.

For more information on the regulatory actions the AEC takes see:

• funding and disclosure, and
• other regulatory actions.

You can expect that we will:

• be a model regulator and apply procedural fairness
• engage proactively and responsively with those who we regulate, complainants and witnesses both verbally and written, where appropriate
• allow those who we regulate a fair and reasonable opportunity to respond and comply with their obligations under the legislation
• provide education and guidance material on regulated obligations through discussions, written correspondence (via email or letter) and our website
• make decisions that are evidence-based
• actively and continuously monitor environmental information and maintain awareness of those who we regulate and activities that may be subject to regulation
• act diligently
• report on our regulatory activities as required under the Electoral Act and Referendum Act
• be a model prosecuting organisation which has regard for relevant Australian government policies and standards
• seek to recover all or part of our legal costs for matters pursued in court.

Early and full cooperation with compliance activities or investigations is strongly encouraged to allow our regulatory activities to proceed quickly and efficiently.

To manage our regulatory responsibilities, we work with:

• other government agencies and regulatory agencies (including the Australian Federal Police and Commonwealth Director of Public Prosecutions)
• our electoral management partners, including state electoral commissions and international electoral management bodies.

We lead the Electoral Integrity Assurance Taskforce (EIAT) and chair its board. This inter-agency taskforce brings together capabilities and expertise across government to ensure that information about potential threats to electoral integrity is efficiently referred to the relevant agencies. This could include malicious cyber activity, physical attacks, foreign interference or the spread of misinformation and disinformation about the electoral process. Relevant agencies across Federal Government work together to provide information and advice to the Electoral Commissioner.

Impartiality and neutrality are the cornerstone of the AEC, which ensures the integrity of Australia’s democratic system. Impartiality and neutrality underpins our other regulatory principles, processes and practices, including administrative and legal activities in accordance with the Electoral Act and Referendum Act.

We identify, monitor and assess risks to Australia’s democratic processes by developing and implementing targeted solutions to drive compliance. The AEC carries out these functions in accordance with the Australian Government Regulator Performance Guide and their guiding principles.

We collaborate internally and externally when administering the Electoral Act and Referendum Act in order to achieve intended regulatory outcomes through a whole-of-system approach.

We seek to engage relevant stakeholders and the wider community to support regulatory compliance and good motivational postures. To ensure information is accessible, we use both digital and traditional communication methods and seek feedback on our current regulatory tools and processes.

We collect and analyse data and evidence throughout the election lifecycle to predict and evaluate regulatory need and potential challenges, deliver fit-for-purpose policy, practice, and performance outcomes.

We reflect on current and future risks and opportunities to ensure continued integrity of Australia’s democratic system. We acknowledge the impact of the digital era and aim to strengthen our digital capabilities ensuring our regulatory tools, practices, and processes are digitally accessible.

We are committed to maturing our regulatory framework and ensuring the system is fit-for-purpose and meeting its outcomes through regulatory stewardship.

We conduct regulatory activity in accordance with legislative standards for administration, including (but not limited to) the Archives Act 1983, Public Governance, Performance and Accountability Act 2013, Privacy Act 1988 and Public Service Act 1999. Regulatory activity is also conducted in accordance with applicable standards, including the Regulator Performance Guide.