The Electoral Act recognises the AEC as an independent agency. A range of legislation underpins AEC business processes, purpose, values and leadership.
| Legislative instrument | AEC function |
|---|---|
| Aboriginal and Torres Strait Islander Act 2005 | Conduct Torres Strait Regional Authority elections |
| Conduct federal elections | |
| Maintain and update the Commonwealth electoral roll |
|
| Promote public awareness of electoral and parliamentary matters through information and education programs | |
| Provide international electoral assistance in cases approved by the Minister for Foreign Affairs | |
| Conduct and promote research into electoral matters and other matters that relate to AEC functions | |
| Register political parties | |
| Pay public funding to election candidates and parties, and publish financial disclosure returns of political parties and others | |
| Determine representation entitlements (redistributions) | |
| Electoral and Referendum Regulations 1940 | Conduct federal elections and referendums and provide voter information |
| Fair Work Act 2009 | Conduct protected action ballots |
| Fair Work (Registered Organisations) Act 2009 | Conduct industrial elections |
| Financial Management and Accountability Act 1997 | Manage public money and property |
| Freedom of Information Act 1982 | Hold and release documents |
| Privacy Act 1988 | Store, use and disclose personal information |
| Public Service Act 1999 | Ensure the effective and fair employment, management and leadership of AEC employees |
| Referendum (Machinery Provisions) Act 1984 | Conduct federal referendums |
| Representation Act 1983 | Set numbers for Senate elections |