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Organisation : Australian Electoral Commission
Facility : Report Electoral Fraud
Applicable For : Individuals
Country : Australia
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AEC Report Electoral Fraud

The Commonwealth definition of fraud is
‘dishonestly obtaining a benefit, or causing a loss, by deception or other means.’

Related : AEC Australia Ways to Vote :

Electoral fraud is defined by the AEC as :
‘a breach of the Commonwealth Electoral Act 1918 or related legislation with intent to obtain a benefit for which the person is not otherwise entitled to or to cause detriment to the Commonwealth.’

The act of fraud requires intent and must be due to more than carelessness, accident or error.

In understanding and applying this definition of fraud, it is important to recognise :
** a benefit is not restricted to monetary or material benefits, and may be tangible or intangible including the unauthorised provision of access to or disclosure of information
** fraud may involve a third party obtaining a benefit rather than, or in addition to, the perpetrator of the fraud.

What is not electoral fraud?

The following non-compliance and misuse offences under the Commonwealth Electoral Act 1918 would not typically be considered electoral fraud
** failure to vote
** failure to enrol or to transfer enrolment
** non-disclosure or under-reporting of a gift or donation
** failure to authorise electoral advertising

These are dealt with by the AEC under the standard business process.

How do I make a report?

You can report a suspected fraud by one of these channels :
** Online
** Calling AEC’s fraud line on 1300 795 898

Fraud Control Manager
AEC National Office
Locked Bag 4007
Canberra ACT 2601

The AEC commits to treating a complaint seriously and in line with the Complaints Management Policy.

Can I remain anonymous?
You can remain anonymous, but please keep in mind that your decision for anonymity may limit our ability to conduct a complete investigation. If you choose the online reporting channel you will be required to provide an email address.

Will my information be secure?
This online service uses secure communications to protect your privacy. Please read the privacy policy and security information prior to using this service.

Valid and sufficient reasons :
The original decision of the DRO as to whether a reason for not voting is valid and sufficient is based on the merits of each individual case, in accordance with the law as previously interpreted by the courts.

Under s 245(14) of the Electoral Act or s 45(13A) of the Referendum Act the fact that an elector believes it to be a part of his or her religious duty to abstain from voting constitutes a valid and sufficient reason for not voting.

The decisions of the court on the interpretation of the term ‘valid and sufficient reason’ have developed over the years into a substantial body of law that guides DROs in their decision-making in individual cases.

In Judd v McKeon (1926) 38 CLR 380, Mr Judd provided the following reason for not voting at a Senate election:

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