Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld)

The Parliament of Queensland enacts—

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020.

2   Commencement

(1)Chapter 2 commences as follows—

(a)part 1A commences on assent;

(b)section 22, to the extent it inserts new part 11, division 5, commences on 1 January 2022;

(c)the following provisions commence on 1 July 2022—

(i)sections 19, 20 and 21;

(ii)section 22, to the extent it is not in force under paragraph (b);

(d)the remaining provisions of chapter 2, and schedule 1, commence on 1 August 2020, immediately after the commencement of the provisions of the Electoral and Other Legislation Amendment Act 2019 that, under section 2 of that Act, commence on 1 August 2020.

(2)Chapter 3 commences as follows—

(a)sections 57 and 58A commence on assent;

(b)the remaining provisions of chapter 3 commence on 1 August 2020.

(3)Chapter 4 commences on a day to be fixed by proclamation.

(4)Chapter 5 commences as follows—

(a)the following provisions commence on assent—

(i)section 74;

(ii)section 77;

(iii)section 94;

(iv)sections 97 to 99;

(v)section 102;

(vi)section 103A;

(vii)section 105;

(viii) section 113B;

(ix)section 120;

(x)section 121A;

(xi)part 3;

(b)the remaining provisions of chapter 5 commence on 12 October 2020.

Chapter 2    Amendments relating to funding and expenditure for State elections

Part 1    Amendment of Electoral Act 1992

3   Act amended

This part amends the Electoral Act 1992.

Note—

See also the amendments in chapter 3 and schedule 1.

4   Amendment of s 2 (Definitions)

(1)Section 2, definitions 2013–2014 financial year, associated entity, disposition of property, journal, political donation, registered, relevant election, source and special reporting period—
omit.

(2)Section 2—
insert—

6-month period, for part 11, see section 197.

associated entity—

(a)of a registered political party—see section 204(2) and (3); or

(b)of a candidate in an election—see section 204A(2), (3) and (4).

bank account means an account with a financial institution.

bank statement, for part 11, see section 197.

campaign purpose, for incurring electoral expenditure, for part 11, see section 199A.

capped expenditure period, for an election, for part 11, division 9, see section 280.

consideration, for part 11, see section 197.

convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded.

CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.

donation cap, for a registered political party or candidate in an election, for part 11, see section 252.

donation cap period, for a registered political party or candidate in an election, for part 11, see section 247.

donor statement, for part 11, see section 251.

election material, for part 11, see section 197.

electoral purpose means a purpose that relates to an election.

extraordinary general election see the Constitution of Queensland 2001, section 19A.

gifted, for an amount of electoral expenditure incurred, for part 11, see section 200B.

independent candidate, for an election, for part 11, see section 197.

independent member, for a 6-month period, for part 11, division 5, see section 240(2).

normal polling day, for a general election, see the Constitution of Queensland 2001, section 19B(1).

participant, in an election—

(a)for part 11, generally—see section 197A; or

(b)for part 11, division 12A—see section 305.

political donation—

(a)for part 11 generally—see section 250; or

(b)for part 11, division 8, subdivision 4—see section 274.

prescribed matter, for part 11, division 12A, see section 305AA.

registered, for a third party in relation to an election, for part 11, see section 197.

register of third parties, for part 11, see section 197.

source, for part 11—

(a)of a gift—see section 205A(1); or

(b)of a loan—see section 205A(2).

sponsorship arrangement, for part 11, see section 200A.

State campaign account, of a participant in an election, for part 11, see section 215.

(3)Section 2, definition candidate, paragraph (b)—
omit, insert—

(b)for part 11, includes—

(i)an elected member; and

(ii)an individual, other than an elected member, who has announced, or otherwise publicly indicated, the individual’s intention to be a candidate in the election; and

(iii)an individual, other than an elected member, who has otherwise indicated the individual’s intention to be a candidate in the election, including, for example, by accepting a gift made to the individual for an electoral purpose.

(4)Section 2, definition electoral expenditure, ‘section 197’—
omit, insert—

section 199

(5)Section 2, definition gift threshold amount, ‘, for the amount or value of a gift or loan,’—
omit.

(5A)Section 2, definition third party, ‘, for part 11,’—
omit.

(6)Section 2, ‘In this Act—’—
omit, insert—

The dictionary in schedule 1 defines particular words used in this Act.

(7)Section 2, all definitions—
relocate to schedule 1, as inserted by this Act.

5   Amendment of s 89 (Deposit to accompany nomination)

Section 89(5)(c), ‘6%’—
omit, insert—

4%

6   Insertion of new s 91A

After section 91—
insert—

91A    Withdrawal of endorsement of candidate

(1)This section applies if—

(a)a registered political party nominates a person as a candidate for an election under section 88(1)(a); and

(b)before the election, the party withdraws the party’s endorsement of the person as a candidate for the election.

Note—

See section 306A for the requirement for a registered political party to notify the commission about—

(a)the party’s endorsement or proposed endorsement of a person as a candidate for an election; or

(b)changes to the endorsement or proposed endorsement.

(2)The registered officer of the registered political party must notify the commission, in the approved form, of the withdrawal of the endorsement.

Maximum penalty—40 penalty units.

(3)If the notification is given to the commission before noon on the cut-off day for the nomination of candidates, the nomination of the person is of no effect.

(4)If the notification is given to the commission after noon on the cut-off day for the nomination of candidates, a ballot paper is taken to comply with section 102 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.

(5)As soon as practicable after the commission receives the notification, the commission must give the candidate a notice that states—

(a)the contents of the notification; and

(b)when the commission received the notification; and

(c)if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.

7   Amendment of s 197 (Definitions)

(1)Section 197, definitions 2013–2014 financial year, associated entity, electoral expenditure, journal, political donation, registered, relevant election, source and special reporting period—
omit.

(2)Section 197—
insert—

6-month period means the following periods in a year—

(a)1 January to 30 June;

(b)1 July to 31 December.

associated entity—

(a)of a registered political party—see section 204(2) and (3); or

(b)of a candidate in an election—see section 204A(2), (3) and (4).

bank statement, for an account with a financial institution—

(a)means a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period; and

(b)includes a written record of the transactions printed from an online banking facility provided by the financial institution.

campaign purpose, for incurring electoral expenditure, see section 199A.

capped expenditure period, for an election, see section 280.

consideration means consideration in money or money’s worth.

donation cap, for a registered political party or candidate in an election, see section 252.

donation cap period, for a registered political party or candidate in an election, see section 247.

donor statement see section 251.

election material means material produced as a result of incurring electoral expenditure, including, for example, an advertisement.

electoral expenditure see section 199.

gifted, for an amount of electoral expenditure incurred, see section 200B.

independent candidate, for an election—

(a)means a candidate nominated for the election under section 88(1)(b); and

(b)includes a candidate if—

(i)the candidate was nominated for the election by a registered political party under section 88(1)(a); and

(ii)before the polling day for the election, the party gives the commission notice under section 91A about the withdrawal of the party’s endorsement of the person as a candidate.

independent member, for a 6-month period, see section 240(2).

participant, in an election—

(a)generally—see section 197A; or

(b)for division 12A—see section 305.

political donation—

(a)generally—see section 250; or

(b)for division 8, subdivision 4—see section 274.

prescribed matter, for division 12A, see section 305AA.

registered, for a third party in relation to an election, means the third party is registered for the election under division 12.

register of third parties, for an election, means the register kept under section 298(1) for the election.

source—

(a)of a gift—see section 205A(1); or

(b)of a loan—see section 205A(2).

sponsorship arrangement see section 200A.

State campaign account, of a participant in an election, see section 215.

(3)Section 197, definition disposition of property—
relocate to schedule 1, as inserted by this Act.

(4)Section 197, definition loan, after ‘other than by’—
insert—

a financial institution or

8   Insertion of new s 197A

After section 197—
insert—

197A    Meaning of participant in an election

(1)For this part, each of the following is a participant in an election—

(a)a candidate in the election;

(b)a registered political party;

(c)a registered third party for the election under division 12;

(d)a third party that is not registered for the election that incurs electoral expenditure for the election.

(2)Subsection (3) applies if—

(a)a person becomes a candidate in an election for subsection (1)(a) because the person indicates the person’s intention to become a candidate in the election by incurring electoral expenditure; or

Note—

See section 2, definition candidate, paragraph (b)(iii).

(b)a third party becomes a third party to which subsection (1)(d) applies for an election by incurring electoral expenditure for the election.

(3)Despite section 281, the person or third party incurs the electoral expenditure when the person or third party enters a transaction to incur the expenditure, regardless of when—

(a)the amount of the expenditure is invoiced or paid; or

(b)the obligation to pay for the expenditure arises; or

(c)the goods or services for which the expenditure is incurred are supplied or provided.

(4)In this part, a reference to an election participant in a provision about an election is a reference to a participant in the election.

9   Insertion of new ss 199 and 199A

After section 198—
insert—

199    Meaning of electoral expenditure

(1)Electoral expenditure means expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose.

(2)For subsection (1), the kind of expenditure is—

(a)expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example—

(i)an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and

(ii)material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and

(iii)material for distribution in letters; or

(b)expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or

(c)expenditure for carrying out an opinion poll or research; or

(d)expenditure for contracted services related to an activity mentioned in paragraph (a), (b) or (c), including, for example, fees for consultants or the provision of data; or

(e)expenditure of another kind prescribed by regulation to be a kind of electoral expenditure.

(3)For subsection (2)(a) and (b), it does not matter whether section 181 applies to the material.

(4)However, electoral expenditure does not include—

(a)expenditure incurred substantially for or related to the election of—

(i)members of the Parliament of another State or the Commonwealth; or

(ii)councillors (however described) of a local government of the State or another State; or

(b)expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party, including, for example, a meeting of a branch, division or committee of the party—

(i)for an organisational purpose; or

(ii)to select a candidate to nominate for election; or

(c)expenditure incurred employing staff for a campaign purpose; or

(d)expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.

(5)Expenditure incurred by a third party is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose.

(6)However, expenditure incurred by a third party is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose.

Example of other purposes for incurring expenditure—

to educate or raise awareness about an issue of public policy

(7)Also, electoral expenditure incurred by or for an elected member does not include expenditure of a kind for which the member is entitled to receive an allowance or entitlement.

(8)In this section—

allowance or entitlement, for an elected member, means—

(a)an allowance or entitlement the member is entitled to under the Queensland Independent Remuneration Tribunal Act 2013, section 54; or

(b)accommodation, services or other entitlements mentioned in the Queensland Independent Remuneration Tribunal Act 2013 supplied or paid to the member.

199A    Meaning of campaign purpose

(1)Expenditure is incurred for a campaign purpose if the expenditure is incurred to—

(a)promote or oppose a political party in relation to an election; or

(b)promote or oppose the election of a candidate; or

(c)otherwise influence voting at an election.

(2)Without limiting subsection (1), expenditure is incurred for a purpose mentioned in subsection (1)(a), (b) or (c) if material produced as a result of the expenditure does any of the following in relation to an election—

(a)expressly promotes or opposes—

(i)political parties or candidates who advocate, or do not advocate, a particular policy or issue; or

(ii)political parties or candidates who have, or do not have, a particular position on a policy or issue; or

(iii)candidates who express a particular opinion;

(b)expressly or impliedly comments—

(i)about a political party, elected member or candidate in the election; or

(ii)in relation to an electoral district;

(c)expresses a particular position on a policy, issue or opinion—

(i)if the position is publicly associated with a political party or candidate; and

(ii)whether or not, in expressing the position, the party or candidate is mentioned.

10   Amendment of s 200 (Meaning of fundraising contribution)

Section 200—
insert—

(4)A fundraising contribution does not include an amount that relates to the venture or function that is paid under a sponsorship arrangement.

11   Insertion of new ss 200A and 200B

After section 200—
insert—

200A    Meaning of sponsorship arrangement

(1)A sponsorship arrangement, between a person (the sponsor) and a registered political party, means an arrangement—

(a)that establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or

(b)that confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with—

(i)the party; or

(ii)a fundraising or other venture or event; or

(iii)a program or event associated with a venture or event mentioned in subparagraph (ii).

(2)It does not matter whether or not the sponsor is entitled, under the arrangement—

(a)to be acknowledged as a sponsor; or

(b)to advertising or marketing rights; or

(c)to supply the sponsor’s goods or services; or

(d)to another benefit, including, for example, entry to a particular event or function.

200B    Meaning of gifted for electoral expenditure

(1)An amount of electoral expenditure incurred by a person is gifted to a participant in an election if—

(a)the expenditure benefits the participant; and

(b)any of the following applies—

(i)the expenditure is incurred with the participant’s authority or consent;

(ii)the participant accepts election material resulting from the expenditure;

(iii)another circumstance prescribed by regulation happens in relation to the expenditure; and

(c)the person does not, within 7 days after the circumstances mentioned in paragraphs (a) and (b) happen—

(i)receive consideration, or adequate consideration, from the participant incurring the expenditure; or

(ii)invoice the participant for payment of the amount.

(2)If an amount of electoral expenditure mentioned in subsection (1) (the total amount) is incurred under an arrangement between 2 or more election participants, the amount gifted to any 1 of the participants is the amount equal to the total amount divided by the number of participants who are parties to the arrangement.

(3)A gift of electoral expenditure is made when subsection (1) applies to the expenditure, regardless of when the expenditure is incurred.

Notes—

1See section 280A in relation to a participant in an election being taken to have incurred electoral expenditure gifted to the election participant.

2See also section 281A in relation to electoral expenditure incurred by a participant in an election that benefits another election participant.

12   Replacement of s 201 (Meaning of gift)

Section 201—
omit, insert—

201   Meaning of gift

(1)A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration.

(2)Also, a gift includes—

(a)an amount of electoral expenditure a person gifted to a participant in an election; and

(b)an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party by—

(i)if the party is a part of another entity—a federal or interstate branch or division of the other entity; or

(ii)a related political party of the party; and

(c)in relation to a loan made by a person to another person—

(i)an amount of uncharged interest on the loan; or

(ii)an amount forgiven on the loan; and

(d)the part of a fundraising contribution made by a person to another person that exceeds $200; and

(e)an amount paid, or service provided, by a person to a registered political party under a sponsorship arrangement.

(3)A gift does not include—

(a)the disposition of property under a will; or

(b)a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or

(c)the following amounts paid to a political party—

(i)an amount for a person’s subscription for membership of the party;

(ii)an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2)(e);

(iii)an amount that is a compulsory levy imposed on elected members by the party under its constitution; or

(d)an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or

(e)the provision of voluntary labour; or

(f)the incidental or ancillary use of—

(i)a volunteer’s vehicle or equipment; or

(ii)a vehicle or equipment that is ordinarily available for the personal use of a volunteer.

(4)A reference in this part to a gift does not include a gift made by a person to an individual (the recipient) if, when the gift is made—

(a)it is made in a private capacity for the recipient’s personal use; and

(b)the recipient does not intend to use the gift for an electoral purpose.

(5)However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose—

(a)the gift, or that part of the gift, is a gift for this section; and

(b)the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.

(6)If the recipient is an elected member, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift for the recipient’s duties as an elected member.

(7)In this section—

official cash rate means the Reserve Bank of Australia’s cash rate target.

uncharged interest, on a loan, means an amount that would have been payable on the loan if—

(a)for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at least at the official cash rate plus 3% a year; or

(b)for a loan for which interest payable is waived—the interest payable had not been waived; or

(c)for a loan for which interest payments are not capitalised—the interest payments were capitalised.

13   Insertion of new ss 201B and 201C

After section 201A—
insert—

201B    Meaning of value of gift

(1)The value of a gift is the amount stated in, or worked out under, this section.

(2)The value of a gift of money is the amount of money given.

(3)The value of a gift of property other than money is—

(a)the market value of the property; or

(b)if a regulation prescribes principles for deciding the value of the property—the value decided in accordance with the principles.

(4)The value of a gift of the provision of a service is—

(a)the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or

(b)if a regulation prescribes principles for deciding the amount that would reasonably be charged for the service—the amount decided in accordance with the principles.

(5)The value of a gift of an amount of electoral expenditure incurred is the amount of the expenditure.

(6)The value of a gift that is a fundraising contribution is the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.

(7)The value of a gift provided by a person to a registered political party under a sponsorship arrangement is worked out—

(a)as the amount paid, or value of the service provided, under the arrangement; and

Note—

See subsection (4) for working out the value of a service provided.

(b)regardless of the value of the goods, services or other benefits provided to the person under the arrangement.

(8)The value of a gift of an amount of uncharged interest on a loan is—

(a)the amount of interest that would have been payable on the loan if interest on the loan were calculated—

(i)annually, as simple interest; and

(ii)at the official cash rate for the day the loan was made plus 3% a year;

      less—

(b)any amount of interest paid on the loan.

(9)The value of a gift of an amount forgiven on a loan is the total amount the debtor is no longer required to pay under the loan because the amount has been forgiven, including, for example, amounts of principal, interest, fees or other charges, whether or not—

(a)the loan is legally enforceable; and

(b)the forgiveness of the amount is legally enforceable.

(10)If consideration is given for a gift made, other than a gift mentioned in subsection (6) or (7), the value of the gift is reduced by the amount or value of the consideration given.

(11)In this section—

official cash rate means the Reserve Bank of Australia’s cash rate target.

uncharged interest, on a loan, see section 201(7).

201C    Application to unincorporated body

In this part—

(a)a reference to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—

(i)on behalf of an unincorporated body; and

(ii)under the body’s actual or apparent authority; and

(b)a reference to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of an unincorporated body.

14   Amendment of s 203 (Electoral committee to be treated as part of candidate)

(1)Section 203, ‘electorate’—
omit, insert—

electoral district

(2)Section 203(1), ‘and 4’—
omit, insert—

, 4, 6 and 9

15   Insertion of new ss 204 and 204A

After section 203—
insert—

204   Associated entity to be treated as part of registered political party

(1)If a registered political party has an associated entity, divisions 3, 4, 6 and 9 apply as if—

(a)the party and the associated entity together constituted the party; and

(b)a reference to the party included a reference to the associated entity; and

(c)a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the party; and

(d)the State campaign account of the party were the State campaign account of the associated entity; and

(e)electoral expenditure incurred by or for the associated entity were incurred by or for the party.

(2)An entity is an associated entity of a registered political party if the entity—

(a)is controlled by the party or a group of endorsed candidates of the party; or

(b)operates wholly, or to a significant extent, for the benefit of the party or a group of endorsed candidates of the party; or

(c)operates for the dominant purpose of—

(i)promoting the party in elections; or

(ii)promoting a group of endorsed candidates of the party in an election.

(3)However, an associated entity of a registered political party does not include—

(a)a candidate endorsed by the party for an election; or

(b)another political party that is a related political party of the party; or

(c)if the party is part of another entity—a federal or interstate branch or division of the other entity.

(4)In this section—

group of endorsed candidates, of a registered political party, means 2 or more candidates endorsed by the party for an election.

204A    Associated entity to be treated as part of candidate in election

(1)If a candidate in an election has an associated entity, divisions 3, 4, 6 and 9 apply as if—

(a)the associated entity and the candidate together constituted the candidate; and

(b)a reference to the candidate included a reference to the associated entity; and

(c)a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and

(d)the State campaign account of the candidate were the State campaign account of the associated entity; and

(e)electoral expenditure incurred by or for the associated entity were incurred by or for the candidate.

(2)An entity is an associated entity of a candidate in an election if the entity—

(a)is controlled by the candidate in relation to the election; or

(b)operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or

(c)operates for the dominant purpose of promoting the candidate in the election.

(3)However, an associated entity of a candidate in an election does not include an entity if—

(a)the entity is an associated entity of a registered political party under section 204 because it—

(i)is controlled by a group of endorsed candidates of the party; or

(ii)operates wholly or to a significant extent for the benefit of a group of endorsed candidates of the party; or

(iii)operates for the dominant purpose of promoting a group of endorsed candidates of the party; and

(b)the candidate is 1 of the candidates in the group of endorsed candidates of the party.

(4)Also, an associated entity of a candidate does not include an electoral committee mentioned in section 203.

(5)In this section—

group of endorsed candidates, of a registered political party, see section 204(4).

16   Insertion of new pt 11, div 1A

Part 11—
insert—

Division 1A Provisions about the source of indirect gifts and loans

205A    Who is the source of an indirect gift or loan

(1)An entity is the source of a gift (the ultimate gift) made to another entity (the ultimate recipient) if—

(a)the entity makes a gift or loan (the first gift or loan) to a person (the first recipient); and

(b)the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and

(c)the first recipient, or another person, makes the ultimate gift to the ultimate recipient; and

(d)the first gift or loan enabled (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient.

(2)An entity is the source of a loan (the ultimate loan) made to another entity (the ultimate recipient) if—

(a)the entity makes a gift or loan (the first gift or loan) to a person (the first recipient); and

(b)the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and

(c)the first recipient, or another person, makes the ultimate loan to the ultimate recipient; and

(d)the first gift or loan enabled (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient.

(3)For this part, when the ultimate gift or ultimate loan is made to the ultimate recipient, the gift or loan is taken—

(a)not to have been made to, or accepted by, the first recipient; and

(b)to have been made to, and accepted by, the ultimate recipient.

17   Replacement of pt 11, div 2 (Agents)

Part 11, division 2—
omit, insert—

Division 2 Agents

206   Agent of registered political party

A registered political party must appoint a person to be the agent of the party for this part.

207   Agent of candidate

(1)A candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election.

(2)During any period for which no appointment is in force under subsection (1), the candidate is taken to be the candidate’s own agent for this part.

(3)A person’s appointment under subsection (1) continues until the person’s obligations as the candidate’s agent for the election end, unless the appointment ends earlier under section 212.

Note—

A person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.

208   Agent of registered third party

(1)A registered third party for an election who is not an individual must appoint an agent, for this part, for the election.

(2)A registered third party for an election who is an individual may appoint a person to be the third party’s agent, for this part, for the election.

(3)During any period for which no appointment is in force under subsection (2), the third party is taken to be the third party’s own agent for this part.

(4)A person’s appointment under subsection (1) continues until the person’s obligations as the registered third party’s agent for the election end, unless the appointment ends earlier under section 212.

Note—

A person’s obligations as a registered third party’s agent under this part may end after the election for which the third party is registered under division 12.

209   Agent of unregistered third party

(1)A third party that is not registered for an election may appoint a person to be the third party’s agent, for this part, for the election.

(2)If the third party is an individual, the third party is taken to be the third party’s own agent for this part during any period for which no appointment is in force under subsection (1).

(3)A person’s appointment under subsection (1) continues until the person’s obligations as the third party’s agent for the election end, unless the appointment ends earlier under section 212.

Note—

A person’s obligations as a third party’s agent under this part may end after the election to which the appointment relates.

210   Requirements for registration

(1)The appointment of a person as an agent has no effect unless—

(a)the person is an adult; and

(b)the person has—

(i)consented to the appointment in writing; and

(ii)signed a declaration that the person is eligible for appointment.

(c)the commission is given written notice of the appointment that—

(i)states the person’s name and address; and

(ii)includes or is accompanied by the consent and declaration mentioned in paragraph (b).

(2)A person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against this part.

211   Register of agents

(1)The commission must keep a register called the register of agents.

(2)The register of agents must include the name and address of each person appointed as the agent of a registered political party, candidate or third party for this part.

(3)An entry in the register of agents about a person appointed as the agent of a registered political party, candidate or third party, for this part, is evidence that the person is the agent of the party, candidate or third party.

212   Registration of agent

(1)The appointment of a person as an agent—

(a)takes effect when the person’s name is entered in the register of agents; and

(b)ends when—

(i)the person resigns the person’s appointment as agent; or

(ii)the entity that appointed the person revokes the person’s appointment; or

(iii)the person dies; or

(iv)the person is convicted of an offence against this part.

(2)A person’s name must not be removed from the register of agents unless—

(a)the person gives the commission written notice that the person has resigned the person’s appointment as agent; or

(b)the entity that appointed the person gives the commission written notice that the person’s appointment has been revoked; or

(c)the person dies; or

(d)the person is convicted of an offence against this part; or

(e)if the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.

(3)If a person’s appointment as the agent of an entity ends, the entity must, within 28 days after the person’s appointment ends, give the commission—

(a)written notice that states—

(i)the person’s appointment has ended; and

(ii)the day the appointment ended; and

(iii)the reason the appointment ended; and

(b)if the entity is required to have an agent under this part—written notice under section 210 of the appointment of another person as the entity’s agent.

213   Responsibility for action in absence of agent

(1)This section applies if—

(a)this part imposes an obligation on the agent of—

(i)a registered political party; or

(ii)a third party who is not an individual, whether or not the third party is registered under division 12; and

(b)the entity does not have an agent for this part.

(2)Each member of the executive committee (however described) of the entity is responsible for the obligation as if this part applied to the member of the committee.

Division 3 Managing political donations and electoral expenditure

Subdivision 1 Preliminary

214    Application of division

This division applies to each of the following participants in an election—

(a)a candidate in the election;

(b)a registered political party;

(c)a third party registered for the election;

(d)another third party if, under section 297, the third party is required to be registered for the election.

Subdivision 2 State campaign accounts

215   Requirement to keep State campaign account

(1)The agent of a participant in an election must take all reasonable steps to ensure the participant keeps a separate bank account for the election until each obligation mentioned in subsection (2) that applies to the participant or the participant’s agent for the election ends.

Maximum penalty—200 penalty units.

(2)For subsection (1), the obligations are each obligation under this part that relates to—

(a)a political donation made during a donation cap period for the election; or

(b)electoral expenditure incurred by the election participant; or

(c)repayment of a loan that is paid into the participant’s State campaign account; or

(d)if a political donation of property other than money is made during a donation cap period for the election—the disposal of the property.

(3)The bank account mentioned in subsection (1) is the election participant’s State campaign account.

216   Payments into State campaign account

(1)A person must not pay an amount into the State campaign account of a registered political party or candidate if the person knows, or ought reasonably to know, the amount is not an amount that may be paid into the account under subsection (2).

Maximum penalty—200 penalty units.

(2)An amount may be paid into the State campaign account of a registered political party or candidate if the amount is—

(a)an amount of election funding paid to the party or candidate under division 4; or

(b)a political donation of money made to, or for the benefit of, the party or candidate, other than a political donation made or received in contravention of division 6 or 8; or

(c)an amount received for the disposal of a political donation of property, other than a political donation made or received in contravention of division 6; or

(d)for the State campaign account of a candidate—an amount contributed by the candidate from the candidate’s own funds or funds held jointly with the candidate’s spouse (other than an amount given to the spouse by a prohibited donor); or

(e)the amount of a loan to the party or candidate, other than a loan received in contravention of division 8, subdivision 3; or

(f)an amount that is a return on an investment, or an amount redeemed from an investment, made by the party or candidate if the amount invested was paid from the account; or

Note—

See section 218 for the requirement to pay amounts relating to an investment into a State campaign account.

(g)an amount received by the party or candidate—

(i)as a disposition of money by will; or

(ii)for the disposal of other property received by the recipient as a disposition by will; or

(h)a fundraising contribution, other than to the extent the contribution or amount is a political donation; or

(i)for the State campaign account of a registered political party—

(i)an amount of $500 or less, in total, paid by a person during a calendar year for—

(A)the person’s subscription for membership of the party payable during that year; or

(B)the person’s affiliation with the party payable during that year, other than to the extent the amount is paid under a sponsorship arrangement; or

(ii)an amount paid to the party as a compulsory levy imposed on elected members under the party’s constitution; or

(j)if the party or candidate kept a State campaign account for another election and the amounts paid into that account complied with this section—an amount paid from the other State campaign account.

(3)A person does not commit an offence against subsection (1) if the person or another person, on becoming aware an amount was paid into a State campaign account in contravention of that subsection, takes all reasonable steps to ensure the amount is withdrawn from the account within 5 business days after becoming aware.

(4)In this section—

disposition, by will, see the Succession Act 1981, section 5.

prohibited donor see section 273(1).

217   Requirements for loan amounts paid into State campaign account

(1)This section applies if—

(a)an election participant is a registered political party or candidate; and

(b)the amount of a loan made to the participant is paid into the participant’s State campaign account.

(2)A person must not pay an amount payable under the loan unless the person pays the amount from the election participant’s State campaign account.

Maximum penalty—200 penalty units.

(3)If the election participant, or a person acting with the participant’s authority, becomes aware an amount is a non-donation loan amount, the participant or person must ensure an amount equal to the non-donation loan amount is withdrawn from the participant’s State campaign account within 5 business days after becoming aware.

Maximum penalty—200 penalty units.

(4)A person does not commit an offence against subsection (2) or (3) if the person has a reasonable excuse.

(5)In this section—

amount payable, under a loan, includes—

(a)an amount of the principal or interest payable on the loan; and

(b)a fee, duty or other charge payable for the loan.

non-donation loan amount means an amount forgiven on a loan, to the extent the amount is not a political donation.

Note—

See section 250(1) for the requirement for an amount to be accompanied by a donor statement to be a political donation.

218   Return on investment must be paid into State campaign account

(1)This section applies if—

(a)an election participant is a registered political party or candidate; and

(b)an amount paid from the participant’s State campaign account was invested or reinvested; and

(c)the participant, or a person acting with the participant’s authority, receives an amount as a return on the investment; and

(d)the participant or person knows, ought reasonably to know or becomes aware that the amount is a return on the investment.

(2)The election participant or person must ensure the amount received is paid into the participant’s State campaign account within 5 business days after the participant or person—

(a)receives the amount; or

(b)becomes aware that amount is a return on the investment.

Maximum penalty—200 penalty units.

(3)A person does not commit an offence against subsection (2) if the person—

(a)reinvests the amount; or

(b)has a reasonable excuse.

(4)In this section—

return, on an amount invested, includes an amount received for the redemption of the investment or part of the investment.

Subdivision 3 Managing political donations

219   Political donations of money must be paid into State campaign account

(1)This section applies if a political donation of money is made to, or for the benefit of, a registered political party or candidate in an election.

(2)A person who receives the donor statement that accompanies the political donation must ensure the donation is paid into the State campaign account of the party or candidate within 5 business days after receiving the donor statement.

Note—

See section 250(1) for the requirement for a political donation to be accompanied by a donor statement.

Maximum penalty—200 penalty units.

(3)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.

220    Requirement to keep records about political donations of other property

(1)This section applies if a political donation of property other than money is made to, or for the benefit of, a registered political party or candidate in an election.

(2)The party or candidate, or a person acting with the authority of the party or candidate, must ensure a record about the political donation that complies with subsection (3) is kept for at least 5 years after the property is disposed of.

Maximum penalty—20 penalty units.

(3)A record about the political donation must include the following information—

(a)a description of the donation;

(b)the day the donation was received;

(c)the value of the donation;

(d)the name and address of the person who made the donation;

(e)if the property has been disposed of—

(i)the day of the disposal; and

(ii)the amount received for the disposal.

(4)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.

221    Proceeds from disposal of political donation of other property

(1)This section applies if—

(a)a registered political party or candidate in an election receives a political donation of property other than money; and

(b)the property is disposed of.

(2)A person who receives an amount for the disposal of the property must ensure the amount is paid into the State campaign account of the party or candidate within 5 business days after the amount is received.

Maximum penalty—200 penalty units.

(3)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.

Subdivision 4 Managing payment of electoral expenditure

221A    Electoral expenditure must be paid from State campaign account

(1)If a person knows, or ought reasonably to know, that an amount to be paid is for electoral expenditure incurred by or for an election participant, the person must ensure the amount is paid from the participant’s State campaign account.

Maximum penalty—200 penalty units.

(2)A person does not commit an offence against subsection (1) if the amount is reimbursed from the participant’s State campaign account within 6 weeks after the amount was paid.

Subdivision 5 General

221B    Notice of State campaign account

(1)This section applies if an entity becomes a participant in an election, including because any of the following events happens—

(a)a political party is registered under part 6;

(b)a person becomes a candidate in an election;

(c)a third party—

(i)is registered for an election; or

(ii)incurs electoral expenditure for an election to the extent it becomes a third party that is required, under section 297, to be registered for the election.

(2)The agent of the election participant must give the commission a notice, in the approved form, about the participant’s State campaign account for the election within 5 business days after the entity becomes a participant in the election, unless the agent has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)If a required detail of an election participant’s State campaign account changes, the agent of the participant must give the commission a notice about the change, in the approved form, within 5 business days after the change happens, unless the agent has a reasonable excuse.

Maximum penalty—20 penalty units.

(4)In this section—

required detail, of a State campaign account, means a detail about the account required to be stated in the approved form mentioned in subsection (2).

18   Amendment of s 222 (Interpretation)

Section 222(1)—
omit, insert—

(1)For this division, electoral expenditure is taken to have been incurred for an election—

(a)if the expenditure is incurred for a campaign purpose that relates to the election; and

(b)whether or not the expenditure is incurred during the capped expenditure period for the election.

19   Amendment of s 223 (Entitlement to election funding— registered political parties)

Section 223(1), ‘6%’—
omit, insert—

4%

20   Amendment of s 224 (Entitlement to election funding— candidates)

Section 224(1), ‘6%’—
omit, insert—

4%

21   Amendment of s 225 (Election funding amount)

Section 225(1)(a)—
omit, insert—

(a)for the financial year that starts on 1 July 2022—

(i)if the entity entitled to the funding is a registered political party—$6.00; or

(ii)if the entity entitled to the funding is a candidate—$3.00; or

22   Replacement of pt 11, div 5 (Policy development payments)

Part 11, division 5—
omit, insert—

Division 5 Policy development payments

239   Entitlement to policy development payment—registered political party

(1)A registered political party (an eligible registered political party) is entitled to a policy development payment for a 6-month period if—

(a)the political party was a registered political party on—

(i)the polling day for the most recent general election; and

(ii)the last day of the period; and

(b)the commission is satisfied—

(i)at least 1 elected member was a candidate endorsed by the political party for the election; and

(ii)during the election period for the election, the elected member claimed to be a candidate endorsed by the political party; and

(iii)the elected member, or another elected member, is a member of the political party on the last day of the 6-month period.

(2)This section does not apply if the registered political party has given the commission written notice that the party does not wish to receive policy development payments and has not withdrawn the notice in writing.

240   Entitlement to policy development payment—independent member

(1)An elected member is entitled to a policy development payment for a 6-month period if the commission is satisfied the member is an independent member on the last day of the 6-month period.

(2)An independent member is an elected member who—

(a)was an independent candidate in the most recent general election; and

(b)is not a member of a registered political party.

(3)This section does not apply if the independent member has given the commission written notice that the member does not wish to receive policy development payments and has not withdrawn the notice in writing.

241   Amount of policy development payment

(1)The amount of policy development payment for a 6-month period, for an eligible registered political party or independent member, is the amount worked out using the following formula—      where—

A means the amount prescribed under a regulation for this definition.

B, for a 6-month period, means the combined vote and seat ratio for the registered political party or independent member worked out under subsection (2) for the period.

C, for a 6-month period, means the sum of the combined vote and seat ratios for each eligible registered political party and independent member worked out under subsection (2) for the period.

(2)The combined vote and seat ratio for an eligible registered political party or independent member, for a 6-month period, is the sum of—

(a)the vote ratio for the party or independent member for the period under section 242; and

(b)the seat ratio for the party or independent member for the period under section 243.

242    Meaning of vote ratio for eligible registered political party or independent member

(1)The vote ratio for an eligible registered political party for a 6-month period is—

(a)the total number of formal first preference votes given in the most recent general election to each candidate who—

(i)was endorsed for the election by the political party; and

(ii)polled at least 4% of the total number of formal first preference votes given in the candidate’s electoral district;

      divided by—

(b)the total number of relevant first preference votes at that general election.

(2)The vote ratio for an independent member for a 6-month period is—

(a)the total number of formal first preference votes given to the member in the most recent general election;

      divided by—

(b)the total number of relevant first preference votes at that general election.

(3)Each of the following votes is a relevant first preference vote at a general election—

(a)a formal first preference vote given to each candidate in the election who—

(i)was endorsed for the election by a registered political party; and

(ii)polled at least 4% of the total number of formal first preference votes given in the candidate’s electoral district;

(b)a formal first preference vote given to an independent candidate in the election who was elected.

(4)A vote is given in a candidate’s electoral district if the vote is given to—

(a)the candidate; or

(b)another candidate for election in the same electoral district in which the candidate is a candidate for election.

243    Meaning of seat ratio for eligible registered political party or independent member

(1)The seat ratio for an eligible registered political party for a 6-month period is the number of eligible seats held by the party worked out under subsection (2), divided by 93.

Note—

There are 93 electoral districts in the State—see section 34.

(2)For subsection (1), the number of eligible seats held by an eligible registered political party for a 6-month period is the number of elected members who, at the most recent general election, were candidates endorsed by the political party.

(3)The seat ratio for an independent member for a 6-month period is 1 divided by 93.

244   Payment of policy development payment

(1)After the end of a 6-month period, the commission must decide—

(a)for each registered political party—whether the party is entitled to a policy development payment for the period under section 239; and

(b)for each elected member who is not a member of a registered political party on the last day of the period—whether the member is entitled to a policy development payment for the period under section 240; and

(c)the amount of the policy development payment to which each eligible registered political party and independent member is entitled under section 241 for the period.

(2)The commission must, after deciding the matters mentioned in subsection (1) for the 6-month period—

(a)give each registered political party a notice that states the commission’s decisions under subsection (1)(a) and (c) for the party; and

(b)for each elected member to whom subsection (1)(b) applies—give the member a notice that states the commission’s decisions under subsection (1)(b) and (c) for the member; and

(c)pay the policy development payment for the 6-month period to each eligible registered political party and independent member within 1 month after the end of the period.

(3)However, if a general election is held during a 6-month period and the writ for the election is not returned by the end of the period, the commission must pay a policy development payment for the period within 1 month after the day on which the writ for the election is returned.

(4)For this division, a person who is elected at a general election is taken to have been elected on the day after the Legislative Assembly was last dissolved before the election was held.

245   Application for reconsideration of decision about policy development payment

(1)This section applies if the commission gives a registered political party or elected member a notice about a decision made by the commission under section 244(1)(a), (b) or (c).

(2)The agent of the registered political party or elected member may apply to the commission for reconsideration of the decision.

(3)The application must—

(a)be in the approved form; and

(b)state the reasons for the application; and

(c)be made within 1 month after the notice is given.

(4)On receiving an application, the commission must reconsider the decision and decide to—

(a)affirm or vary the decision; or

(b)set aside the decision and make a substitute decision.

(5)The commission must give the agent a notice that states the decision on the reconsideration and the reasons for the decision.

246   Recalculation of policy development payment

(1)This section applies if the commission varies a decision, or makes a substitute decision, for a 6-month period under section 245.

(2)The commission must recalculate the amount of the policy development payment to which each eligible registered political party and independent member is entitled for the 6-month period under section 241.

(3)The difference between the policy development payment paid to a registered political party or elected member for a 6-month period and the amount calculated under subsection (2) is—

(a)if the amount paid is less than the recalculated amount—an underpayment; or

(b)if the amount paid is more than the recalculated amount—an overpayment.

(4)The commission must pay the amount of an underpayment to a registered political party or elected member as soon as practicable after the recalculation under subsection (2).

(5)The amount of an overpayment is payable by a registered political party or elected member to the State and may be recovered as a debt due to the State.

(6)The commission must give each registered political party and elected member given a notice for the 6-month period under section 244(2) a further notice that states—

(a)the commission’s decision on the reconsideration and the reasons for the decision; and

(b)the result of the commission’s recalculation under subsection (2); and

(c)if the result of the recalculation is an overpayment—

(i)that the party or member must repay the amount of the overpayment to the State; and

(ii)the commission may recover the amount as a debt due to the State.

Division 6 Political donations and caps on political donations

Subdivision 1 Preliminary

247   Meaning of donation cap period

(1)The donation cap period for a candidate in an election (the current election) is the period that—

(a)starts—

(i)if the candidate was a candidate in a by-election held after the last general election—30 days after the polling day for the last by-election in which the candidate was a candidate; or

(ii)otherwise—30 days after the polling day for the last general election; and

(b)ends 30 days after the polling day for the current election.

(2)The donation cap period for a registered political party is each period that—

(a)starts 30 days after the polling day for a general election; and

(b)ends 30 days after the polling day for the next general election.

Subdivision 2 Political donations and donation caps

250   Meaning of political donation

(1)A gift or loan is a political donation if the gift or loan is—

(a)made to, or for the benefit of, a registered political party or candidate in an election; and

(b)accompanied by a donor statement.

(2)However, an amount of electoral expenditure gifted to a registered political party or candidate in an election is a political donation whether or not the gift is accompanied by a donor statement.

(3)This section applies to a gift or loan made by a person even if the person was outside Queensland when the person made the gift or loan.

(4)In this division, a reference to a political donation made to a registered political party or candidate in an election includes a political donation made to another person if the donation is made for the benefit of the party or candidate.

(5)In this section—

loan means a loan made for no consideration or inadequate consideration.

251    Meaning of donor statement

(1)A donor statement about a gift or loan is a statement about the gift or loan that complies with this section.

(2)A donor statement about a gift or loan must—

(a)be in writing; and

(b)be made by the donor of the gift or loan; and

(c)name the election participant (the recipient) to whom, or for the benefit of whom, the gift or loan is made; and

(d)state that the gift or loan is made with the intention that it is used for an electoral purpose; and

(e)state the relevant particulars of the donor of the gift or loan; and

(f)be given to the recipient with the gift or loan, or within 14 days after the gift or loan is made.

(3)For subsection (2)(c), if section 205A applies to the gift or loan, the recipient is the ultimate recipient of the ultimate gift or loan under that section.

(4)In this section—

donor, of a gift or loan, means—

(a)if section 205A applies to the gift or loan—the person who made the first gift or loan under that section; or

(b)otherwise—the person who made the gift or loan.

252   Amount of donation cap

(1)The donation cap for a registered political party is $4,000.

(2)The donation cap for a candidate in an election is $6,000.

(3)However, if the amount of a donation cap for a registered political party or candidate in an election has been adjusted under section 253, the donation cap for a registered political party or candidate is the amount most recently published as the donation cap by the commission under section 253(3).

253    Adjustment of donation cap

(1)The amount of the donation cap for a registered political party or candidate in an election is adjusted 30 days after the polling day for each general election (the recent general election) to the greater of the following amounts—

(a)the amount worked out under subsection (2);

(b)the amount of the donation cap immediately before it is adjusted under this section.

(2)The amount is worked out using the following formula—      where—

A means the amount of the donation cap immediately before it is adjusted under this section.

B means the CPI number published for the last quarter that ended before the polling day for the recent general election.

C means the CPI number published for the last quarter that ended before the polling day for the previous general election.

(3)The commission must publish the amount of the donation cap for a registered political party or candidate in an election on its website as soon as practicable after the amount is adjusted under this section.

(4)In this section—

previous general election means the general election last held before the recent election.

quarter means the following periods in a year—

(a)1 January to 31 March;

(b)1 April to 30 June;

(c)1 July to 30 September;

(d)1 October to 31 December.

Subdivision 3 Caps on political donations

254    Caps on political donations made to registered political party

A person must not, during a donation cap period for a registered political party, make a political donation to, or for the benefit of, the party if the amount or value of the donation exceeds the party’s donation cap—

(a)by itself; or

(b)when added to the other political donations made by the person to, or for the benefit of, the party during the donation cap period.

Note—

Section 257 provides for circumstances in which a person does not commit an offence against this section.

Maximum penalty—200 penalty units.

255   Caps on political donations made to candidates

A person must not, during a donation cap period for an election, make a political donation to, or for the benefit of, a candidate in the election if the amount or value of the donation exceeds the candidate’s donation cap—

(a)by itself; or

(b)when added to the other political donations made by the person to, or for the benefit of, the candidate during the donation cap period; or

(c)if the candidate is endorsed by a registered political party for the election—when added to the other political donations made, during the donation cap period, by the person to, or for the benefit of—

(i)the candidate; and

(ii)each other candidate who, when the political donation was made to or for the candidate’s benefit, was endorsed by the same party.

Note—

Section 257 provides for circumstances in which a person does not commit an offence against this section.

Maximum penalty—200 penalty units.

257   Exceptions to ss 254 and 255

(1)A person does not commit an offence against section 254 or 255 if, within 6 weeks after the person makes the donation—

(a)the person asks the recipient, in writing, to refund or return the donation, or the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section, to the person; or

(b)the donation, or the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section, is refunded or returned to the person.

(2)Sections 254 and 255 do not apply in relation to a political donation if, when it was made, it was a gift to which section 201(4) applied, whether or not it is used for an electoral purpose mentioned in that section.

(3)In this section—

recipient means the entity to whom, or for the benefit of whom, the political donation was made.

258   Requirement to notify donor about offence to exceed political donation cap

(1)This section applies if a person (the donor) makes a political donation to, or for the benefit of—

(a)a registered political party; or

(b)a candidate in an election; or

(c)an associated entity of a registered political party or candidate in an election.

(2)The party, candidate or associated entity, or a person acting with the authority of the party, candidate or associated entity, must, within 14 days after receiving the donation, give the donor a receipt that—

(a)states the names of the party, candidate or associated entity, and the donor; and

(b)acknowledges the receipt of the donation from the donor; and

(c)includes a statement, in the approved form, that summarises the circumstances in which it is an offence, under sections 254 and 255, for a person to make a political donation to, or for the benefit of—

(i)a registered political party; or

(ii)a candidate in an election; and

(d)for a receipt for a political donation made to, or for the benefit of, an associated entity—

(i)states the name of the registered political party or candidate of which it is an associated entity; and

(ii)includes a statement, in the approved form, that summarises the effect of sections 204 and 204A in relation to the circumstances mentioned in paragraph (c).

Maximum penalty—20 penalty units.

(3)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.

(4)This section applies despite sections 204 and 204A.

259   Cap on political donations to registered political parties or candidates that may be accepted

(1)This section applies if a person (the donor) makes a political donation to, or for the benefit of, a registered political party or candidate in an election during a donation cap period.

(2)The registered political party or candidate, or a person acting with the authority of the party or candidate, must not accept the political donation if—

(a)the amount or value of the donation, by itself, exceeds the donation cap of the party or candidate; or

(b)both of the following apply—

(i)the amount or value of the donation exceeds the donation cap of the party or candidate when added to the other political donations made by the same donor to, or for the benefit of, the party or candidate during the donation cap period;

(ii)the person knows, or ought reasonably to know, the donation would exceed the cap in that way.

Maximum penalty—200 penalty units.

(3)For subsection (2), a political donation of gifted electoral expenditure is accepted when the expenditure is incurred.

(4)A person does not commit an offence against subsection (2) if, within 6 weeks after the donation is made, the donation, or the amount by which the amount or value of the donation exceeds the donation cap mentioned in that subsection, is refunded or returned to the donor.

259A    Recovery of unlawful political donations

(1)If a person accepts a political donation in contravention of section 259, the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section is payable to the State.

(2)The amount may be recovered by the State as a debt due to the State from—

(a)if the recipient is a registered political party that is not a corporation—the party’s agent; or

(b)if the recipient is a candidate—the candidate or the candidate’s agent; or

(c)otherwise—the recipient.

(3)The imposition of liability to pay an amount to the State under this section—

(a)is not a punishment or sentence for an offence against section 259 or any other offence; and

(b)is not a matter to which a court may have regard in sentencing an offender for an offence against section 259 or any other offence.

(4)In this section—

recipient means the entity to whom, or for the benefit of whom, the unlawful donation was made.

23   Replacement of s 260A (Who is the source of a gift or loan)

Section 260A—
omit, insert—

260A    How division applies to gift for personal use used for electoral purpose

(1)This section applies in relation to a gift, to the extent section 201(5) applies to the gift.

Note—

Section 201(5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.

(2)The person who made the gift is not required to comply with a requirement under this division to give the commission a return about the gift.

(3)A return about the gift given under this division by a person who received the gift must state—

(a)that, when the gift was made—

(i)it was made in a private capacity for the recipient’s private use; and

(ii)the recipient did not intend to use the gift for an electoral purpose; and

(b)the gift was used for the electoral purpose; and

(c)the day on which the gift was used for the electoral purpose.

(4)In this section—

electoral purpose see section 201(6).

24   Relocation and renumbering of s 260B (Donor must disclose source of gift or loan)

Section 260B—
relocate to part 11, division 1A, as inserted by this Act, and renumber as section 205B.

24A    Amendment of s 261 (Disclosure by candidates of gifts)

Section 261(1)—
insert—

Notes—

1Section 204A does not apply to an associated entity of a candidate in an election for this division.

2See section 294 for the requirement for a return about a gift received by an associated entity of a candidate to be given to the commission.

25   Amendment of s 262 (Loans to candidates)

(1)Section 262(1), ‘, other than an exempt loan, with a value’—
omit, insert—

of an amount

(1A)Section 262(1)—
insert—

Notes—

1Section 204A does not apply to an associated entity of a candidate in an election for this division.

2See section 294 for the requirement for a return about a loan received by an associated entity of a candidate to be given to the commission.

(2)Section 262(3)(a), ‘, other than exempt loans,’—
omit.

(3)Section 262(5)—
omit.

26   Amendment of s 263 (Disclosure of gifts by third parties that incur expenditure for political purposes)

(1)Section 263, heading—
omit, insert—

263   Disclosure by third party of gifts used for expenditure for political purposes

(2)Section 263(2), ‘stating the relevant details of any’—
omit, insert—

about a

(3)Section 263(2), from ‘period that’—
omit, insert—

period if—

(a)the value of the gift is equal to or more than the gift threshold amount; and

(b)the third party uses the gift, or part of the gift with a value equal to or more than the gift threshold amount—

(i)to incur expenditure for a political purpose; or

(ii)to reimburse the third party for expenditure incurred for a political purpose.

(4)Section 263(3), after paragraph (a)—
insert—

(aa)state—

(i)the value of the gift; and

(ii)when the gift was made; and

(iii)the relevant particulars of the person who gave the gift; and

(5)Section 263(3)(aa) and (b)—
renumber as section 263(3)(b) and (c).

(6)Section 263—
insert—

(4)For this section, expenditure is incurred for a political purpose if the expenditure incurred is—

(a)electoral expenditure; or

(b)a gift made to, or for the benefit of, a political party or candidate in an election; or

(c)a gift made to, or for the benefit of, another person to enable the other person, or someone else, to use all or part of the gift for a purpose mentioned in paragraph (a) or (b).

(7)Section 263(5)—
omit.

(8)Section 263(6)—
renumber as section 263(5).

27   Amendment of s 265 (Gifts to political parties)

(1)Section 265(7)—
omit.

(2)Section 265(8), ‘(including subsection (7)(d))’—
omit.

(3)Section 265(12) to (15)—
omit, insert—

(12)If a registered political party receives a gift from an entity for which a return is required under this section, the party must, as soon as practicable after receiving the gift, give the entity a notice that states the entity is required to give the commission a return about the gift under this section.

Maximum penalty—20 penalty units.

28   Omission of pt 11, div 7, sdiv 3 (Disclosure of large gifts)

Part 11, division 7, subdivision 3—
omit.

29   Replacement of pt 11, div 8, sdiv 3 (Loans from entities other than financial institutions)

Part 11, division 8, subdivision 3—
omit, insert—

Subdivision 3 Records to be kept about loans

272   Requirement to keep record about loan received

(1)This section applies if a loan of an amount that equals or exceeds the gift threshold amount is received—

(a)by or for a registered political party; or

(b)by or for an associated entity of a registered political party; or

(c)by or for a candidate in an election during the disclosure period for the election.

(2)The following person must keep a record that complies with subsection (3) about the loan—

(a)for a loan received by or for a registered political party—the agent of the party;

(b)for a loan received by or for an associated entity of a registered political party—the financial controller of the entity;

(c)for a loan received by or for a candidate in an election—the agent of the candidate.

(3)The record about the loan must include—

(a)the amount of the loan; and

(b)the terms and conditions of the loan; and

(c)if the loan was received from a registered industrial organisation—

(i)the name of the organisation; and

(ii)the names and addresses of the members of the executive committee (however described) of the organisation; and

(d)the relevant particulars of the entity that made the loan; and

(e)if the entity that made the loan is not the source of the loan—the relevant particulars of the entity that is the source of the loan.

(4)If a person contravenes subsection (2) in relation to a loan—

(a)the receipt of the loan is taken to have been unlawful; and

(b)the amount of the loan is payable by the person to the State.

(5)The amount may be recovered by the State as a debt due to the State from—

(a)for a loan received by or for a registered political party that is not a corporation—the agent of the party; or

(b)for a loan received by or for an associated entity of a registered political party that is not a corporation—the financial controller of the entity; or

(c)for a loan received by or for a candidate in an election—the candidate or the agent of the candidate; or

(d)otherwise—the entity that received the loan or for whose benefit the loan was received.

30   Amendment of s 274 (Meaning of political donation)

(1)Section 274(1)(a)(ii)—
omit.

(2)Section 274(1)(a)(iii)—
renumber as section 274(1)(a)(ii).

(3)Section 274(1)(c), ‘other than a financial institution’—
omit.

(4)Section 274(2) and (3)—
omit.

(5)Section 274(4), ‘section 201(4)(a) and (b)’—
omit, insert—

section 201(3)(b)

(6)Section 274(5), ‘section 201(4)(d)’—
omit, insert—

section 201(3)(c)

(7)Section 274(4) and (5)—
renumber as section 274(2) and (3).

31   Insertion of new pt 11, div 9

Part 11—
insert—

Division 9 Caps on electoral expenditure

Subdivision 1 Preliminary

280   Meaning of capped expenditure period

(1)The capped expenditure period, for an election, starts—

(a)for an ordinary general election—on the first business day after the last Saturday in the preceding March; or

(b)for an extraordinary general election—

(i)if the capped expenditure period for an ordinary general election has started under paragraph (a)—the day that capped expenditure period started; or

(ii)otherwise—the day the writ for the election is issued; or

(c)for a by-election—the day the writ for the election is issued.

(2)The capped expenditure period, for an election, ends at 6p.m. on the later of—

(a)the polling day for the election; or

(b)if the poll at a polling booth for an election is adjourned under section 99B(3) or 100(1)—the day the adjourned poll is held.

(3)Subsection (2)(b) applies despite section 100(6).

(4)In this section—

preceding March, in relation to an ordinary general election, means the March that occurs in the same calendar year as the normal polling day for the general election.

280A    Election participant is taken to have incurred gifted electoral expenditure

(1)If electoral expenditure incurred by a person is gifted to a participant in an election, the election participant is taken to have incurred the electoral expenditure.

Note—

Section 200B provides for when electoral expenditure incurred by a person is gifted to a participant in an election.

(2)Section 281 applies for determining when gifted electoral expenditure is incurred.

281    When electoral expenditure is incurred

(1)For this part, electoral expenditure is incurred when the goods or services for which the expenditure is incurred are supplied or provided, regardless of when the amount of the expenditure is invoiced or paid.

(2)Without limiting subsection (1)—

(a)expenditure on advertising is incurred when the advertisement is broadcast or published; and

(b)expenditure on the production and distribution of election material is incurred when the material is distributed; and

(c)expenditure of another kind is incurred at the time prescribed by regulation.

(3)Subsection (4) applies if—

(a)electoral expenditure is incurred to obtain goods; and

(b)the goods are obtained for the dominant purpose of being used for a campaign purpose in relation to 1 or more elections; and

(c)the goods are supplied before the capped expenditure period starts.

(4)Despite subsection (1), the electoral expenditure is taken to have been incurred when the goods are first used for a campaign purpose during a capped expenditure period, regardless of when the amount of the expenditure is invoiced or paid.

(5)For this section, the electoral expenditure incurred to obtain goods includes electoral expenditure incurred to design, produce, print or distribute the goods.

281A    Electoral expenditure incurred for another election participant

(1)This section applies if a participant in an election (the first election participant) incurs electoral expenditure that benefits another election participant (the recipient).

(2)For this division, if the first election participant gifts the electoral expenditure to the recipient, the electoral expenditure is incurred by the first election participant.

(3)However, for this division, the recipient is taken to have incurred the electoral expenditure if—

(a)any of the following apply—

(i)the expenditure is incurred with the recipient’s authority or consent;

(ii)the recipient accepts election material that results from the expenditure;

(iii)another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and

(b)the first election participant invoices the recipient for payment for the amount of the expenditure.

(4)Section 281 applies for determining when the election expenditure is incurred.

281B    When electoral expenditure of registered political party or third party relates to an electoral district

(1)Electoral expenditure incurred by a registered political party or a third party relates to an election for an electoral district if the expenditure is for advertising or other election material for the election that—

(a)is communicated to electors in the electoral district; and

(b)is not mainly communicated to electors outside the electoral district.

(2)However, electoral expenditure mentioned in subsection (1) does not relate to an electoral district if the expenditure is for carrying out an opinion poll or research.

Subdivision 2 Amount of expenditure caps for election participants

281C    Amount of expenditure cap—registered political party and endorsed candidate

(1)The expenditure cap, for a general election, for a registered political party is—

(a)generally—the amount that is $92,000 multiplied by the number of electoral districts for which the party has endorsed a candidate in the election; and

(b)for an electoral district—$92,000.

(2)The expenditure cap, for a general election, for a candidate endorsed by a registered political party for an electoral district in the election is—

(a)if 2 or more candidates are endorsed concurrently by the party for the electoral district—the amount that is $58,000 divided by the number of candidates concurrently endorsed; or

(b)otherwise—$58,000.

(3)The expenditure cap, for a by-election, for a candidate endorsed by a registered political party is—

(a)if 2 or more candidates are endorsed concurrently by the party for the by-election—the amount that is $87,000 divided by the number of candidates concurrently endorsed; or

(b)otherwise—$87,000.

(4)However, if the amount of an expenditure cap mentioned in subsection (1), (2) or (3) has been adjusted under section 281F, the expenditure cap for a registered political party or candidate endorsed by a registered political party, for an election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).

281D    Amount of expenditure cap—independent candidate

(1)The expenditure cap for an independent candidate for a general election or by-election is $87,000.

(2)However, if the amount of the expenditure cap mentioned in subsection (1) has been adjusted under section 281F, then the expenditure cap for an independent candidate, for a general election or by-election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).

281E    Amount of expenditure cap—registered third party

(1)The expenditure cap for a registered third party for a general election is—

(a)generally—$1m; and

(b)for an electoral district—$87,000.

(2)The expenditure cap for a registered third party for a by-election is $87,000.

(3)However, if the amount of the expenditure cap mentioned in subsection (1) or (2) has been adjusted under section 281F, then the expenditure cap for a registered third party, for an election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).

281F    Adjustment of expenditure caps for election participants

(1)The amount of an election participant’s expenditure cap for an election—

(4)The middle of the local government’s term is the period of 24 months that—

(a)starts on the first anniversary of the last quadrennial elections; and

(b)ends on the day before the third anniversary of the last quadrennial elections.

(5)The final part of the local government’s term is the period that—

(a)starts on the third anniversary of the last quadrennial elections; and

(b)ends on the day before the next quadrennial elections are held.

107   Amendment of s 163 (When a vacancy in an office must be filled)

(1)Section 163(2), ‘office becomes vacant 6 months’—
omit, insert—

office, other than a mayor’s office, becomes vacant 3 months

(2)Section 163—
insert—

(2A)If a mayor’s office becomes vacant before quadrennial elections are required to be held, the local government must fill the vacant office.

(3)Section 163(3), ‘12 weeks’—
omit, insert—

2 months

(4)Section 163(5), ‘office becomes vacant within 6 months’—
omit, insert—

office, other than a mayor’s office, becomes vacant within 3 months

108   Omission of s 164 (Filling a vacancy in the office of mayor)

Section 164—
omit.

109   Replacement of s 166 (Filling a vacancy in the office of another councillor)

Section 166—
omit, insert—

166   Filling vacancy in office of mayor or other councillor

A vacancy in the office of a mayor or other councillor must be filled by—

(a)if the vacancy is to be filled during the beginning of the local government’s term—following the procedure under section 166A; or

(b)if the vacancy is to be filled during the middle of the local government’s term—a by-election; or

(c)if the vacancy is to be filled during the final part of the local government’s term—following the procedure under section 166B.

166A    Filling vacancies during beginning of local government’s term

(1)This section applies if a local government is to fill a vacant office of a mayor or other councillor (each the former councillor) during the beginning of the local government’s term.

(2)The chief executive officer must ask the electoral commission to comply with subsection (3).

(3)The electoral commission must—

(a)give a vacancy notice to the runner-up who is first in the order of priority; and

(b)if consent is not given by the runner-up on or before the deadline, give a vacancy notice to the runner-up who is next in the order of priority; and

(c)if consent is not given by the runner-up who is next in the order of priority on or before the deadline, repeat the step mentioned in paragraph (b) until a runner-up consents to the appointment on or before the deadline for the runner-up.

(4)If a runner-up consents to the appointment on or before the deadline for the runner-up—

(a)the electoral commission must notify the chief executive officer that the runner-up has consented; and

(b)the local government must fill the vacant office by appointing the runner-up.

(5)If there are no runners-up remaining, the vacant office must be filled by a by-election.

(6)The electoral commission may agree to extend the day and time stated in a vacancy notice if the electoral commission considers it reasonable to do so in the circumstances.

(7)For deciding the order of priority, if 2 or more runners-up in a quadrennial election have an equal number of votes—

(a)the electoral commission must, in the presence of 2 witnesses, follow the process stated in the Local Government Electoral Act, section 98(7)(a) to (g) and (8) for the runners-up; and

(b)the runner-up whose name is recorded as mentioned in section 98(7)(g) of that Act is taken to be higher in the order of priority; and

(c)the process mentioned in paragraph (a) must be repeated until the order of priority for each runner-up has been decided.

(8)The electoral commission must allow each runner-up mentioned in subsection (7), or their representative, to be present for the process mentioned in that subsection.

(9)In this section—

deadline, in relation to a runner-up giving consent, means—

(a)the day and time stated in a vacancy notice given to the runner-up; or

(b)if the day and time is extended under subsection (6)—day and time as extended.

order of priority, for runners-up in a quadrennial election, means the order of runners-up ranked according to the number of votes received by each runner-up in the election, starting with the runner-up who received the highest number of votes in the election.

runner-up, for a vacant office of a mayor or other councillor, means a person who was a candidate for the office in the last quadrennial election, other than—

(a)the former mayor or other councillor; or

(b)a person who holds office as a councillor or mayor when the office becomes vacant.

vacancy notice, in relation to a runner-up, means a notice stating—

(a)that the office of a former mayor or other councillor is vacant; and

(b)if the runner-up is qualified to be a councillor, the runner-up may consent to being appointed to the vacant office; and

(c)the day and time by which consent must be given to the electoral commission.

166B    Filling vacancies during final part of local government’s term

(1)This section applies if a local government is to fill a vacant office of a mayor or another councillor during the final part of a local government’s term.

(2)The vacant office must be filled by the local government appointing, by resolution—

(a)if the former councillor was the mayor—another councillor to the office; or

(b)otherwise—a person who is—

(i)qualified to be a councillor; and

(ii)if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.

(3)For subsection (2)(b), if the person who is to be appointed must be a political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.

(4)The request must be made by a notice given to the political party’s registered officer within 14 days after the office becomes vacant.

(5)For subsection (2)(b), if the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations—

(a)from any person who is qualified to be a councillor, by notice published—

(i)on the local government’s website; and

(ii)in other ways the chief executive officer considers appropriate; and

(b)from each person who was a candidate for the office of the former councillor at the most recent quadrennial election, by notice.

(6)If the chief executive officer receives any nominations from qualified persons or candidates, the local government must fill the vacant office by appointing 1 of those persons or candidates.

110   Amendment of s 170 (Giving directions to local government staff)

(1)Section 170(2)—
omit, insert—

(2)However, a direction under subsection (1) must not be given if—

(a)it is inconsistent with a resolution, or a document adopted by resolution, of the local government; or

(b)it relates to the appointment of a local government employee under section 196(3); or

(c)it relates to disciplinary action by the chief executive officer in relation to a local government employee under section 197 or a councillor advisor; or

(d)it would result in the chief executive officer contravening a provision of an Act.

(2)Section 170(3), after ‘employee’—
insert—

, except in accordance with guidelines made under section 170AA about the provision of administrative support to councillors

111   Insertion of new s 170AA

After section 170A—
insert—

170AA    Guidelines about provision of administrative support to councillors

(1)The chief executive officer of a local government may make guidelines about the provision of administrative support by local government employees to a councillor.

(2)The guidelines must include—

(a)when a councillor may be provided with administrative support by a local government employee; and

(b)how and when a councillor may give a direction to a local government employee in relation to the provision of administrative support; and

(c)a requirement that a councillor may give a direction to a local government employee only if the direction relates directly to administrative support to be provided by the local government employee to the councillor under the guidelines.

(3)A direction purportedly given by a councillor to a local government employee is of no effect if the direction does not comply with the guidelines.

112   Omission of ss 171A and 171B

Sections 171A and 171B—
omit.

113   Omission of ch 6, pt 2, div 5A (Dealing with councillors’ personal interests in local government matters)

Chapter 6, part 2, division 5A—
omit.

113A    Amendment of s 177 (Functions)

Section 177(d)—
omit, insert—

(d)to consider and make recommendations to the Minister about the following matters relating to councillor advisors—

(i)whether or not to prescribe a local government under section 197D(1)(a);

(ii)the number of councillor advisors each councillor of a local government may appoint;

(iii)the number of councillor advisors a councillor of the council under the City of Brisbane Act 2010 may appoint; and

(e)another function relating to the remuneration of councillors directed, in writing, by the Minister.

113B    Amendment of s 181 (Qualifications to be commissioner)

Section 181(2)(i)—
omit.

114   Amendment of ch 6, pt 5 hdg (Local government employees)

Chapter 6, part 5, heading, after ‘employees’—
insert—

, councillor advisors etc.

115   Insertion of new ch 6, pt 5, div 2A

Chapter 6, part 5—
insert—

Division 2A Councillor advisors

197A    Appointment and functions of councillor advisors

(1)A local government prescribed under section 197D(1)(a) may, by resolution, allow a councillor to appoint 1 or more appropriately qualified persons (each a councillor advisor) to assist the councillor in performing responsibilities under this Act.

Examples of assistance—

administrative support, coordinating media activities, event management functions, policy development, office management

(1A)The resolution must state the number of councillor advisors, up to the maximum prescribed under section 197D(1)(b) for the local government, that the councillor may appoint.

(2)However, the councillor must not appoint a close associate of the councillor as a councillor advisor.

(3)If the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the local government.

(4)The contract of employment must provide for—

(a)the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and

(b)the councillor advisor’s functions and key responsibilities; and

(c)a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under section 197C; and

(d)when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.

(5)The councillor advisor’s functions and responsibilities can not include—

(a)carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or

Note—

A person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor.

(b)directing a local government employee.

(6)The councillor who appointed the councillor advisor may give a direction to the councillor advisor.

197B    When appointment ends

(1)A councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions—

(a)section 200(2) or (4);

(b)section 201D;

(c)section 201F(2) or (3);

(d)section 234(1).

(2)Also, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens—

(a)the term of the councillor who appointed the councillor advisor ends;

(b)the councillor who appointed the councillor advisor is suspended.

197C    Minister to make councillor advisor code of conduct

(1)The Minister must make a councillor advisor code of conduct that sets out standards of behaviour for councillor advisors in performing their functions for a local government or the council under this Act or the City of Brisbane Act 2010.

(2)The councillor advisor code of conduct—

(a)must be consistent with the local government principles; and

(b)may contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.

(3)The approved councillor advisor code of conduct must be published on the department’s website.

197D    Regulation may prescribe particular matters relating to councillor advisors

(1)A regulation may—

(a)prescribe a local government as a local government to which section 197A(1) applies; and

(b)prescribe the maximum number of councillor advisors each councillor may appoint; and

(c)limit the functions and key responsibilities that may be provided for in a councillor advisor’s contract of employment.

(2)Before recommending to the Governor in Council the making of a regulation under subsection (1)(a) or (b), the Minister must ask the remuneration commission for its recommendation about the proposed regulation.

(3)The Minister must have regard to the recommendation of the remuneration commission in recommending the making of the regulation to the Governor in Council.

(4)The maximum number of councillor advisors prescribed under subsection (1)(b)—

(a)is the number of full-time equivalent councillor advisors a councillor may appoint; and

(b)does not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.

116   Amendment of s 199 (Improper conduct by local government employees)

(1)Section 199(1) and (2)—
omit, insert—

(1)This section applies to the following persons—

(a)a local government employee;

(b)a contractor of the local government;

(c)another type of person prescribed by regulation.

(2)Section 199(3), from ‘A local government’ to ‘a local government employee’—
omit, insert—

The person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1)(a), (b) or (c)

(3)Section 199(4), ‘subsection (3)’—
omit, insert—

subsection (2)

(4)Section 199(5), ‘A local government employee’—
omit, insert—

The person

(5)Section 199(3) to (5)—
renumber as section 199(2) to (4).

117   Amendment of s 200 (Use of information by local government employees)

(1)Section 200, heading, after ‘employees’—
insert—

and councillor advisors

(2)Section 200(1) and (2)—
omit, insert—

(1)This section applies to a person who is, or has been, any of the following—

(a)a local government employee;

(b)a councillor advisor;

(c)a contractor of the local government;

(d)another type of person prescribed by regulation.

(3)Section 200(3), from ‘A person’ to ‘employee to’—
omit, insert—

The person must not use information acquired as a person mentioned in subsection (1)(a), (b), (c) or (d) to

(4)Section 200(4), ‘Subsection (3)’—
omit, insert—

Subsection (2)

(5)Section 200(5), ‘A person who is, or has been, a local government employee’—
omit, insert—

The person

(6)Section 200(3) to (5)—
renumber as section 200(2) to (4).

118   Amendment of s 201 (Annual report must detail remuneration)

(1)Section 201, heading, ‘remuneration’—
omit, insert—

particular information about local government employees and councillor advisors

(2)Section 201(1)(a), ‘(in the year to which the annual report relates)’—
omit, insert—

for the year

(3)Section 201(1)—
insert—

(c)if the local government has resolved to allow a councillor to appoint councillor advisors—for each councillor—

(i)the number of councillor advisors appointed by the councillor for the year; and

(ii)the total remuneration payable to all councillor advisors appointed by the councillor for the year.

119   Insertion of new ch 6, pt 5A

Chapter 6—
insert—

Part 5A    Obligations of councillors and councillor advisors

201A    Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment

(1)This section applies if—

(a)a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or

(b)a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.

(2)The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed.

Note—

Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.

(3)A person is related to a councillor if—

(a)the person is the councillor’s spouse; or

(b)the person is totally or substantially dependent on the councillor and—

(i)the person is the councillor’s child; or

(ii)the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.

(4)A person is related to a councillor advisor if—

(a)the person is the advisor’s spouse; or

(b)the person is totally or substantially dependent on the advisor and—

(i)the person is the advisor’s child; or

(ii)the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.

201B    Obligation of councillor or councillor advisor to correct register of interests

(1)This section applies if—

(a)a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or

(b)there is a change to the particulars required to be included in a register of interests under a regulation for—

(i)a councillor or councillor advisor; or

(ii)a person who is related to the councillor or advisor.

(2)The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens.

Note—

Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.

201C    Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests

Each councillor and councillor advisor must, within 30 days after the end of each financial year, inform the chief executive officer, in the approved form, of the following—

(a)if the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;

(b)if there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;

(c)if paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.

Note—

Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.

201D    Dishonest conduct of councillor or councillor advisor

(1)A person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to—

(a)dishonestly obtain a benefit for the person or someone else; or

(b)dishonestly cause a detriment to someone else.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)In this section—

benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.

detriment, caused to a person, includes detriment caused to the person’s property.

relevant integrity provision—

(a)for a councillor, means each of the following provisions—

(i)section 150EK;

(ii)section 150EL;

(iii)section 150EQ;

(iv)section 150EZ;

(v)section 201A;

(vi)section 201B;

(vii)section 201C;

(viii)section 234, if the information mentioned in that section is given under section 201A, 201B or 201C; or

(b)for a councillor advisor, means each of the following provisions—

(i)section 201A;

(ii)section 201B;

(iii)section 201C;

(iv)section 234, if the information mentioned in that section is given under section 201A, 201B or 201C.

201E    Proceeding for offence against s 201D

(1)An offence against section 201D is a misdemeanour.

(2)A proceeding for an offence against section 201D may be started only with the written consent of the director of public prosecutions.

(3)A proceeding for an offence against section 201D may be taken, at the election of the prosecution—

(a)by way of summary proceeding under the Justices Act 1886; or

(b)on indictment.

(4)However, a magistrate must not hear an indictable offence against section 201D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.

Note—

For examples of exceptional circumstances, see the examples stated in the Criminal Code, section 552D(2).

(5)If subsection (4) applies—

(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and

(b)the proceeding for the charge must be conducted as a committal proceeding; and

(c)a plea of the defendant at the start of the hearing must be disregarded; and

(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and

(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.

(6)A Magistrates Court that summarily deals with a charge of an offence against section 201D—

(a)must be constituted by a magistrate; and

(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

(7)In this section—

director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984.

201F    Prohibited conduct by councillor or councillor advisor in possession of inside information

(1)This section applies to a person (the insider) who is, or has been, a councillor or councillor advisor if the insider—

(a)acquired inside information as a councillor or councillor advisor; and

(b)knows, or ought reasonably to know, the inside information is not generally available to the public.

(2)The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset.

Maximum penalty—1,000 penalty units or 2 years imprisonment.

(3)The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset.

Maximum penalty—1,000 penalty units or 2 years imprisonment.

(4)In this section—

cause, in relation to an action, includes the following—

(a)carry out the action;

(b)instigate the action;

(c)direct, or otherwise influence, another person to carry out or instigate the action.

corporate entity means a corporation owned by the local government.

inside information, in relation to a local government, means information about any of the following—

(a)the operations or finances of the local government (including any business activity of the local government) or any of its corporate entities;

(b)a proposed policy of the local government, including proposed changes to an existing policy;

(c)a contract entered into, or proposed to be entered into, by the local government or any of its corporate entities;

(d)a tender process being conducted by or for the local government or any of its corporate entities;

(e)a decision, or proposed decision, of the local government or any of its committees;

(f)the exercise of a power, under a Local Government Act, by the local government, a councillor or a local government employee;

(g)the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area;

(h)any legal or financial advice created for the local government, any of its committees or any of its corporate entities.

120   Amendment of s 207 (End of appointment of interim management)

Section 207(c)—
omit, insert—

(c)at the conclusion of the earlier of—

(i)a fresh election of the councillors of the local government; or

(ii)the next quadrennial election.

121   Amendment of s 234 (False or misleading information)

Section 234(1), after the penalty—
insert—

Note—

In certain circumstances this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.

121A    Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability)

Section 235(8), ‘another law or Act’—
omit, insert—

this Act or another Act or law

122   Amendment of s 242 (Proceedings for indictable offences)

Section 242—
insert—

(4)This section does not apply to a charge of an indictable offence against section 201D.

122A    Amendment of s 247 (Local government references in this Act)

Section 247(1), after paragraph (a)—
insert—

(aa)a reference to a councillor advisor is a reference to a councillor advisor appointed by the mayor or another councillor of the local government; and

123   Insertion of new ch 9, pt 15

Chapter 9—
insert—

Part 15    Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020

332A    Existing vacancies in office of mayor or other councillor

(1)This section applies if—

(a)before the commencement, the office of a mayor or other councillor became vacant; and

(b)on the commencement, the vacancy has not been filled.

(2)Chapter 6, part 2, division 3 applies in relation to filling the vacancy as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020, had not commenced.

333   Proceedings for repealed integrity offences

(1)This section applies in relation to an offence against a repealed integrity offence provision committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020, sections 112 and 113 had not commenced.

(3)From the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be—

(a)an integrity offence for section 153(5); and

(b)a disqualifying offence for section 153(6).

(4)In this section—

repealed integrity offence provision means the following provisions as in force from time to time before the commencement—

(a)section 171A(2) and (3);

(b)section 171B(2);

(c)section 175C(2);

(d)section 175E(2) and (5);

(e)section 175H;

(f)section 175I(2) and (3).

334   Continuation of Minister’s approval for councillor to participate or be present to decide matter

(1)This section applies to a notice given before the commencement by the Minister to a councillor under section 175F, if the notice is in force immediately before the commencement.

(2)The notice is taken to be a notice given to the councillor under section 150EV.

335   Remuneration commission’s recommendation not required for initial regulation

Section 197D(2) and (3) does not apply to the regulation first made after the commencement under section 197D(1)(a) or (b).

336   Application of s 201A for councillors

(1)This section applies if, on the commencement, a councillor has an interest mentioned in section 201A(1).

(2)Despite section 201A(2), the councillor must comply with section 201A in relation to the interest within 30 days after the commencement.

124   Amendment of sch 1 (Serious integrity offences and integrity offences)

(1)Schedule 1, part 1, before entry for Criminal Code—
insert—

This Act
201D	Dishonest conduct of councillor or councillor advisor

(2)Schedule 1, part 2, under heading ‘This Act’, entries for sections 171A(2) or (3), 171B(2), 175C(2), 175E(2) or (5), 175H and 175I(2) or (3)—
omit.

(3)Schedule 1, part 2, under heading ‘This Act’—
insert—

150EM(2)	Dealing with prescribed conflict of interest at a meeting
150EY	Offence to take retaliatory action
201F	Prohibited conduct by councillor or councillor advisor in possession of inside information

125   Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions conflict of interest, local government meeting, material personal interest, ordinary business matter, perceived conflict of interest and real conflict of interest—
omit.

(2)Schedule 4—
insert—

close associate, of a councillor, see section 150EJ.

councillor advisor see section 197A(1).

declarable conflict of interest see sections 150EN and 150EO.

eligible councillor, for a matter at a local government meeting, means a councillor at the meeting who does not have a prescribed conflict of interest or declarable conflict of interest in the matter.

executive officer, of an entity, means—

(a)if the entity has a board or management committee—each member of the board or committee; or

(b)each person, by whatever name called, who is concerned, or takes part, in the management of the entity.

gift includes—

(a)a gift under the Local Government Electoral Act, section 107; and

(b)a gift that is required, under a regulation, to be recorded in a register of interests.

group of candidates see the Local Government Electoral Act, schedule 2.

interest means a financial or other interest.

loan includes—

(a)a loan under the Local Government Electoral Act, section 106; and

(b)a loan that is required, under a regulation, to be recorded in a register of interests.

local government meeting means a meeting of—

(a)a local government; or

(b)a committee of a local government.

prescribed conflict of interest see section 150EG, 150EH or 150EI.

related, for chapter 6, part 5A—

(a)to a councillor—see section 201A(3); or

(b)to a councillor advisor—see section 201A(4).

related party, of a councillor, see section 150EP.

relevant term, for a councillor, means the councillor’s current term of office, and the period—

(a)starting on the day after the conclusion of the quadrennial election held before the most recent quadrennial election; and

(b)ending on the day immediately before the councillor’s current term of office started.

Part 3    Amendment of Local Government Electoral Act 2011

126   Act amended

This part amends the Local Government Electoral Act 2011.

127   Amendment of s 43 (Register of group agents)

Section 43(5)—
omit.

128   Amendment of s 86 (Formal and informal ballot papers—optional-preferential voting)

Section 86(3), from ‘as required by this Act’—
omit, insert—

the envelope must have been signed, and the signature witnessed, as required under this part.

129   Amendment of s 92 (Preliminary counting of ordinary votes)

Section 92(11), ‘The’—
omit, insert—

If the presiding officer is a person other than the returning officer, the

130   Amendment of s 105 (Arrangements for fresh election)

Section 105(1)—
omit, insert—

(1)This section applies if—

(a)the Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009, section 123(3)(b)(i); or

Note—

The dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001, section 75(2).

(b)a fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009, chapter 2, part 3.

131   Insertion of new s 112B

After section 112A—
insert—

112B    Responsibility for compliance in absence of agent

(1)This section applies if this Act imposes an obligation on the agent of a registered political party or group of candidates.

(2)If a registered political party does not have an agent for a period, each member of the executive committee of the party (however described) is responsible for compliance with the obligation during the period, as if the obligation were imposed on the member of the committee.

(3)If no agent is recorded for a group of candidates in the register of group agents under section 43 for a period, each member of the group is responsible for compliance with the obligation during the period, as if the obligation were imposed on the member.

132   Amendment of s 124 (Expenditure return—candidate, groups of candidates or registered political party)

Section 124(5)—
omit.

133   Amendment of s 125 (Summary expenditure return—candidate, group of candidates or registered political party)

Section 125—
insert—

(7)In this section—

bank statement, for an account with a financial institution, means a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period.

134   Amendment of s 130B (Electoral commission must give reminder notice about requirement for return)

(1)Section 130B(1)(a), ‘return under division 3 or 4’—
omit, insert—

summary return

(2)Section 130B(2)(a), ‘return’—
omit, insert—

summary return

(3)Section 130B(2)(b), ‘of this division’—
omit.

(4)Section 130B(2)(c)(vi) to (x)—
omit, insert—

(vi)section 125;

(vii)section 125A;

(viii) section 195;

(ix)section 197.

(5)Section 130B(4)—
insert—

summary return means a return required to be given under the following provisions—

(a)section 117(4);

(b)section 118(4);

(c)section 118A(4);

(d)section 120(7);

(e)section 125(2);

(f)section 125A(4).

Schedule 1 Consequential or minor amendments

section 56

Electoral Act 1992

1   Section 35(5)—

omit.

2   Section 183(12), definition required number, ‘electorate’—

omit, insert—

electoral district

3   Section 186(7), ‘voter’—

omit, insert—

elector

4   Section 186—

insert—

(9)In this section—

Antarctic elector see the Commonwealth Electoral Act, section 246(1).

5   Section 201A, ‘, for the amount or value of a gift or loan,’—

omit.

6   Section 225(5)—

omit.

7   Section 227(1), after ‘registered’—

insert—

political

8   Part 11, division 7, heading, after ‘gifts’—

insert—

and particular loans

9   Part 11, division 7, subdivision 2, heading, ‘of gifts generally’—

omit.

10   Section 261(1), ‘, other than an exempt gift,’—

omit, insert—

that has a value

11   Section 261(3)(a), ‘, other than exempt gifts,’—

omit.

12   Section 261(5)—

omit.

13   Section 265(9)(b), after ‘(the enabling gift)’—

insert—

that has a value

14   Section 267(4)—

omit.

15   Section 271(3)—

omit.

16   Section 271(4) to (6)—

renumber as section 271(3) to (5).

17   Section 310(1)(c), ‘, 265 or 266B’—

omit, insert—

or 265

18   Section 385(2), ‘section 307(14)’—

omit, insert—

section 307AA

19   Schedule 1, as inserted by this Act, definitions Antarctic elector, Commonwealth electoral roll and illegal election practice—

omit.

20   Amendment of various provisions

Each of the following provisions is amended by omitting ‘amount or’—

•section 260(3)

•section 261

•section 264

•section 265

•section 270(2)

•section 271

•section 289(3).

Local Government Electoral Act 2011

1   Schedule 2, definitions registered officer and registered political party, ‘section 2’—

omit, insert—

schedule 1

Referendums Act 1997

1   Section 32C(6), definition political party, ‘section 2’—

omit, insert—

schedule 1

2   Schedule 3, definitions cut-off day for electoral rolls, institution and issuing officer, ‘section 2’—

omit, insert—

schedule 1

© State of Queensland 2020