Electoral Legislation Amendment Act 2018 (Vic)

Electoral Legislation Amendment Act 2018

No. 30 of 2018

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—General amendments

3Amendment of section 3—Definitions

4Amendment of section 9—Powers of the Commission

5Amendment of section 22—Entitlement to enrolment of electors for Assembly and Council

6Amendment of section 23—Claims for enrolment and notice of change of address

7Amendment of section 24—General postal voters

8Amendment of section 45—Application for registration

9Amendment of section 46 and heading

10New section 47A inserted—Certain logos not to be entered in Register of Political Parties

11Amendment of section 48—Variation of application

12Amendment of section 49—Publication of notice of application

13Amendment of section 50—Registration

14Amendment of section 51—Changes to Register of Political Parties

15Amendment of section 61—Writs for elections

16Amendment of section 74—Ballot-papers to be prepared

17Amendment of section 78—Submission of how-to-vote cards to the Commission

18Amendment of section 79—Registration process

19Amendment of section 80—Alterations to registered how-to-vote card to correct error

20Amendment of section 83—Printing and publication of electoral advertisements, handbills, pamphlets or notices

21New section 83A inserted—Printing and publication of how-to-vote cards

22Repeal of section 98—Electors who may apply to vote early or by post

23Amendment of section 99—Application to vote early

24Amendment of section 101—Application to vote by post

25Amendment of section 102—Duty of authorised witness in witnessing signature

26Repeal of section 103—Application to vote by post made outside Australia

27Amendment of section 104—Issue of declaration and ballot-paper to postal voters

28New section 104A inserted and consequential amendments

29Amendment of section 106—Directions for postal voting

30Amendment of section 107—Provision of silent elector's address

31Amendment of section 109—Provisions as to voting by absent voters

32Part 6A substituted

33New section 110J inserted

34Amendment of section 111—Preliminary scrutiny of declaration votes

35Amendment of section 112—Rejection of ballot‑papers

36Amendment of section 114A—Procedure for ascertaining number of votes for Council candidates

37Amendment of sections 152 and 158—Conduct near voting centres

38New section 158A inserted—Exhibit of notice or sign within 100 metres of entrance to voting centre

39Consequential amendments to section 179A—Criminal liability of officers of bodies corporate—accessorial liability

40Consequential amendment of Schedules

Part 3—Amendments relating to prohibited political donations and powers of the Commission

41Consequential amendment of heading to Part 12

42Amendment of section 206—Definitions

43New Division 3A inserted in Part 12

44Amendment of section 218—Offences

45New Division 4A inserted in Part 12

Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding

46Amendment of section 206—Definitions

47New Divisions 1A and 1B inserted in Part 12

Part 5—Amendments relating to political donations disclosure and reporting scheme

48Amendment of section 206—Definitions

49Amendment of heading to Division 2 of Part 12

50Amendment of section 208—Statement of expenditure

51Amendment of section 209—Audit of statement

52Amendment of section 211—Entitlement

53Amendment of section 212—Making of payments

54New sections 212A and 212B inserted—Instalment payments of public funding entitlement

55Repeal of section 214—Indexation

56New Division 2A inserted in Part 12

57Division 3 of Part 12 substituted

58Divisions 3B to 3D inserted in Part 12

59Amendment of section 218—Offences

60New sections 218A and 218B inserted

61Amendment of section 220—Records to be kept

62Amendment of section 221 to apply to donation returns and annual returns

63New section 221A inserted—Confidential information

64Repeal of section 222—Provision of annual returns

65New section 222DA inserted—Electronic lodgement of disclosure returns and annual returns

66New sections 222DB and 222DC inserted

Part 6—Amendment of Public Administration Act 2004

67Amendment of section 99—Employment of Parliamentary advisers

Part 7—Repeal of amending Act

68Repeal of amending Act

═════════════

Endnotes

1      General information

Electoral Legislation Amendment Act 2018

No. 30 of 2018

[Assented to 31 July 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Electoral Act 2002 to—

(i)improve the operation of electoral processes; and

(ii)enhance the integrity of the electoral system by prohibiting political donations from certain sources and introducing a political donations disclosure and reporting scheme; and

(b)to amend the Public Administration Act 2004 to provide for the provision of Parliamentary advisers.

2Commencement

(1)This Part and Parts 2, 3 and 7 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 47(2) comes into operation on 1 August 2018.

(3)Part 4 (except section 47(2)), and Parts 5 and 6 come into operation on 25 November 2018.

Part 2—General amendments

3Amendment of section 3—Definitions

(1)In section 3 of the Electoral Act 2002, for the definition of authorised witness substitute—

"authorised witness means a person who—

(a)has attained 18 years of age; and

(b)is not a candidate at the election;".

(2)Insert the following definition in section 3 of the Electoral Act 2002—

"composite name means a name formed from the names of more than one registered political party;".

4Amendment of section 9—Powers of the Commission

After section 9(2) of the Electoral Act 2002 insert—

"(3)Without limiting the generality of subsection (1), the Commission may, subject to this Act, make, issue and publish determinations for or in connection with the performance of its responsibilities and functions and the exercise of its powers.".

5Amendment of section 22—Entitlement to enrolment of electors for Assembly and Council

In section 22(3) of the Electoral Act 2002, after "94" insert ", 94A".

6Amendment of section 23—Claims for enrolment and notice of change of address

For section 23(3) of the Electoral Act 2002 substitute—

"(3)A claim for enrolment under subsection (1) or (2) must include or be accompanied by one of the following forms of identification—

(a)if the person completing the claim is the holder of a driver licence or learner permit under the law of Victoria or another State or a Territory of the Commonwealth, the number of the driver licence or learner permit;

(b)if the person completing the claim is the holder of an Australian passport issued under the Australian Passports Act 2005 of the Commonwealth, the number of the Australian passport;

(c)an attestation as to the identity of the person completing the claim that is—

(i)in the prescribed form; and

(ii)signed by an elector;

(d)any other form of evidence of identity that is prescribed by the regulations for the purposes of this subsection.".

7Amendment of section 24—General postal voters

After section 24(1)(a) of the Electoral Act 2002 insert—

"(aa)an elector who is entitled to be treated as an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918; or".

8Amendment of section 45—Application for registration

(1)After section 45(1) of the Electoral Act 2002 insert—

"(1A)An application for the registration of a political party cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly.".

(2)After section 45(2) of the Electoral Act 2002 insert—

"(3)An application for the registration of an eligible political party may include a request that the Commission enter a logo submitted in relation to the political party in the Register of Political Parties for the printing of ballot-papers in accordance with section 74.

(4)An application under subsection (3) must include—

(a)a copy of the logo as a black and white image in a format determined by the Commission; and

(b)a declaration that the use of the logo will not infringe the intellectual property rights of any person; and

(c)any other requirements as determined by the Commission.".

9Amendment of section 46 and heading

(1)In the heading to section 46 of the Electoral Act 2002, after "party" insert "or logo".

(2)In section 46(a)(ii) of the Electoral Act 2002, after "party" insert "or a logo in relation to an eligible political party".

10New section 47A inserted—Certain logos not to be entered in Register of Political Parties

After section 47 of the Electoral Act 2002 insert—

'47A   Certain logos not to be entered in Register of Political Parties

The Commission must refuse an application under section 45(3) to enter a logo in relation to a political party in the Register of Political Parties if, in the opinion of the Commission, the logo that the political party wishes to use for the purposes of this Act—

(a)is obscene; or

(b)is the logo of another registered political party; or

(c)so nearly resembles the logo of another registered political party that it is likely to be confused with, or mistaken for, that logo; or

(d)comprises the words "Independent Party" or comprises or contains the word "Independent" and—

(i)the name, or an abbreviation or acronym of the name, of a registered political party; or

(ii)matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party, that the matter is likely to be confused with, or mistaken for, that name, abbreviation or acronym.'.

11Amendment of section 48—Variation of application

(1)In section 48(1) of the Electoral Act 2002, after "Commission must" insert "within 30 days of receiving the application".

(2)In section 48(3) and (5) of the Electoral Act 2002, for "45" substitute "30".

12Amendment of section 49—Publication of notice of application

After section 49(1) of the Electoral Act 2002 insert—

"(1A)A notice under subsection (1) in relation to an application must be published—

(a)within 30 days of receiving the application, if the Commission has decided that it is required to consider accepting the application; or

(b)within 14 days of receiving a written request under section 48(3).".

13Amendment of section 50—Registration

After section 50(1)(a)(i) of the Electoral Act 2002 insert—

"(ia)if the application included a request under section 45(3), enter the logo in relation to that political party; and".

14Amendment of section 51—Changes to Register of Political Parties

(1)After section 51(1)(a) of the Electoral Act 2002 insert—

"(aa)if a logo is entered in the Register in relation to the political party, changing the logo to a logo submitted in the application; or

(ab)if a logo is not entered in the Register in relation to the political party, entering the logo submitted in the application in the Register in relation to the political party; or".

(2)After section 51(1) of the Electoral Act 2002 insert—

"(1A)An application under subsection (1) to amend the Register to change the name of a political party or to enter a logo cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly.".

(3)After section 51(2) of the Electoral Act 2002 insert—

"(2A)An application under subsection (1)(aa) or (ab) must include—

(a)a copy of the logo as a black and white image in a format determined by the Commission; and

(b)a declaration that the use of the logo will not infringe the intellectual property rights of any person; and

(c)any other requirements determined by the Commission.".

(4)After section 51(3) of the Electoral Act 2002 insert—

"(3A)In the case of an application under subsection (1)(aa) or (ab), sections 46, 47A, 48 and 49 apply in relation to the application as if in those sections a reference to an application under section 45 were a reference to an application under section 51(1)(aa) or (ab).".

15Amendment of section 61—Writs for elections

(1)In section 61(2) of the Electoral Act 2002, for "A" substitute "Unless subsection (2A) applies, a".

(2)After section 61(2) of the Electoral Act 2002 insert—

"(2A)The Speaker may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.".

(3)In section 61(3) of the Electoral Act 2002, for "If" substitute "Unless subsection (3A) applies, if".

(4)After section 61(3) of the Electoral Act 2002 insert—

"(3A)The Governor may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.".

16Amendment of section 74—Ballot-papers to be prepared

After section 74(4) of the Electoral Act 2002 insert—

"(5)If a person has been endorsed as a candidate in an election by a registered political party that has a logo entered in the Register of Political Parties, the logo must be printed adjacent to the name of the candidate and beneath the square in relation to the group in accordance with Schedule 1A, 1B or 2, whichever is applicable.".

17Amendment of section 78—Submission of how-to-vote cards to the Commission

For section 78(3) of the Electoral Act 2002 substitute—

"(3)A how-to-vote card submitted under this section must be—

(a)a single how-to-vote card, that is, a how-to-vote card submitted with respect to one electoral district or one electoral region only; or

(b)a multiple how-to-vote card, that is, a how-to-vote card submitted with respect to no less than every electoral district or electoral region for which the registered political party submitting the how-to-vote card has endorsed a candidate; or

(c)a combined how-to-vote card, that is, a how-to-vote card submitted with respect to one or more electoral districts or electoral regions for which the registered political party submitting the how-to-vote card has endorsed a candidate.".

18Amendment of section 79—Registration process

For section 79(2)(d) of the Electoral Act 2002 substitute—

"(d)that the how-to-vote card contains on at least one printed side of the how-to-vote card—

(i)the name and address of the person who authorised the how-to-vote card; and

(ii)the name and place of business of the printer or publisher of the how-to-vote card;".

19Amendment of section 80—Alterations to registered how-to-vote card to correct error

For section 80(4)(d) of the Electoral Act 2002 substitute—

"(d)that the how-to-vote card contains on at least one printed side of the how-to-vote card—

(i)the name and address of the person who authorised the how-to-vote card; and

(ii)the name and place of business of the printer or publisher of the how-to-vote card;".

20Amendment of section 83—Printing and publication of electoral advertisements, handbills, pamphlets or notices

(1)In section 83(1)(a) and (1)(b) of the Electoral Act 2002, omit "at its end".

(2)After section 83(3)(aa) of the Electoral Act 2002 insert—

"(ab)a how-to-vote card registered under section 79 or 80; or".

21New section 83A inserted—Printing and publication of how-to-vote cards

After section 83 of the Electoral Act 2002 insert—

"83A   Printing and publication of how-to-vote cards

(1)A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed a how-to-vote card unless it complies with section 79(2)(d) or 80(4)(d).

Penalty:In the case of a natural person, 10 penalty units;

In the case of a body corporate, 50 penalty units.

Note

Section 179A applies to an offence against this subsection.

(2)For the purposes of subsection (1), a person who makes copies for distribution of a how‑to-vote card that is published on the Internet is deemed to be the printer of those copies.".

22Repeal of section 98—Electors who may apply to vote early or by post

Section 98 of the Electoral Act 2002 is repealed.

23Amendment of section 99—Application to vote early

(1)In section 99(1) of the Electoral Act 2002, for "An" substitute "If an election is not a by‑election, an".

(2)In section 99(1)(a) of the Electoral Act 2002, for "4 p.m. on" substitute "9 a.m. on the Monday after".

(3)After section 99(1) of the Electoral Act 2002 insert—

"(1A)If an election is a by-election, an elector may apply to an election manager or an election official at an early voting centre during the operating times advertised under section 65 to vote within the period that—

(a)starts at 9 a.m. on the Monday immediately after the final nomination day; and

(b)ends at 6 p.m. on the day immediately before election day.".

(4)After section 99(2) of the Electoral Act 2002 insert—

"(3)There must be kept at an early voting centre—

(a)a ballot-box for the deposit of ballot‑papers marked by an elector who is enrolled in the district where the early voting centre is located; and

(b)a ballot-box for the deposit of ballot‑papers marked by an elector who is enrolled in a district outside the district where the early voting centre is located; and

(c)a ballot-box for the deposit of ballot‑papers marked by an elector under this section that are declaration votes.".

24Amendment of section 101—Application to vote by post

(1)In section 101(1) of the Electoral Act 2002, after "writing" insert "or by electronic means".

(2)For section 101(2)(c) of the Electoral Act 2002 substitute—

"(c)must not be physically attached to, or form part of, other written material issued by a person or organisation other than the Commission; and".

(3)After section 101(2) of the Electoral Act 2002 insert—

"(2A)An application by electronic means to the Commission to vote by post—

(a)must be in the prescribed form; and

(b)must contain information to enable the Commission to verify the identity of the elector in accordance with the verification process determined by the Commission for the purposes of this subsection.".

(4)In section 101(3) of the Electoral Act 2002, after "(2)" insert "or (2A)".

(5)In section 101(4) of the Electoral Act 2002, for "Thursday" substitute "Wednesday".

25Amendment of section 102—Duty of authorised witness in witnessing signature

In section 102(2)(b) of the Electoral Act 2002 omit "the title or capacity in respect of which the authorised witness acts and".

26Repeal of section 103—Application to vote by post made outside Australia

Section 103 of the Electoral Act 2002 is repealed.

27Amendment of section 104—Issue of declaration and ballot-paper to postal voters

(1)In section 104(1) of the Electoral Act 2002, after "101" insert "(2)".

(2)After section 104(1) of the Electoral Act 2002 insert—

"(1A)If the Commission receives an application to vote by post in accordance with section 101(2A) and is satisfied that the application contains information to enable the Commission to verify the identity of the elector in accordance with the verification process determined by the Commission for the purposes of that subsection, the Commission must—

(a)deliver or post to the applicant—

(i)a declaration in the prescribed form; and

(ii)a ballot-paper; and

(b)record the name of the elector to whom the declaration and ballot-paper has been issued and the date of issuing.".

(3)In section 104(2)(a) of the Electoral Act 2002, after "101" insert "(2) or (2A)".

(4)In section 104(2)(b) of the Electoral Act 2002, for "Thursday" substitute "Wednesday".

28New section 104A inserted and consequential amendments

(1)After section 104 of the Electoral Act 2002 insert—

"104A   Information to be provided to registered political parties and candidates

(1)Subject to subsection (3), the Commission must provide on request, the name and address of any person whose application to vote by post (whether in writing or electronic form) has been accepted under section 104(1) or (1A) to—

(a)each registered political party; and

(b)each candidate who is not endorsed by a registered political party who is standing for the region or district in which the address of the person is located—

as soon as practicable after the declaration and ballot-paper has been issued under section 104(1A).

(2)The Commission may provide the information under subsection (1) electronically or in an electronic form.

(3)The Commission must not provide particulars of silent electors or itinerant electors under this section.

(4)A person must not use information provided under subsection (1) for any purpose unless the use is for a purpose in connection with the election.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate or registered political party, 3000 penalty units.

(5)A person must not disclose information provided under subsection (1) unless the disclosure is for any purpose in connection with the election.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate or registered political party, 3000 penalty units.

Note

Section 179A applies to an offence against subsection (4) or (5).".

(2)In section 37(1) of the Electoral Act 2002, for "or 34" substitute ", 34 or 104A".

(3)After section 179A(2)(f) of the Electoral Act 2002 insert—

"(fa)section 104A(4) and (5);".

29Amendment of section 106—Directions for postal voting

(1)In section 106(2)(c)(ii) of the Electoral Act 2002 omit "the title under which the authorised witness acts and".

(2)In section 106(2)(d) of the Electoral Act 2002 omit ", fold the ballot-paper, place it and the declaration in the envelope provided by the Commission and fasten the envelope".

(3)For section 106(2)(e) of the Electoral Act 2002 substitute—

"(e)the elector must then—

(i)post the declaration and ballot-paper to the Commission before 6 p.m. on election day; or

(ii)deliver the declaration and ballot-paper to the Commission or an election official at a voting centre before 6 p.m. on election day;".

(4)For section 106(3) of the Electoral Act 2002 substitute—

"(3)For the purposes of subsection (2)(e), a ballot-paper is to be taken to have been posted before 6 p.m. on election day if—

(a)the ballot-paper is received by the Commission or an election official at a voting centre on or before 6 p.m. on the Friday immediately after election day; and

(b)the declaration is witnessed on or before election day.".

30Amendment of section 107—Provision of silent elector's address

In section 107 of the Electoral Act 2002, for "Act" substitute "Part".

31Amendment of section 109—Provisions as to voting by absent voters

In section 109(8)(a) of the Electoral Act 2002, for "province" substitute "region".

32Part 6A substituted

For Part 6A of the Electoral Act 2002 substitute—

"Part 6A—Electronic voting and electronic assisted voting

Division 1—Electronic voting

110AApplication of Part 6 to electronic voting

Part 6 applies to and in respect of electronic voting subject to the provisions of this Part.

110BNo entitlement to electronic voting

This Part does not create an entitlement to vote by electronic voting.

110CAvailability of electronic voting

Electronic voting is available at a voting centre which is designated by the Commission as an electronic voting centre.

110DWho can access electronic voting?

(1)Electronic voting can be accessed by—

(a)an eligible class of electors; and

(b)any other class of electors prescribed by the regulations for the purposes of this section.

(2)In this Division, eligible class of electors means electors who otherwise cannot vote without assistance because of—

(a)blindness or low vision; or

(b)a motor impairment; or

(c)insufficient literacy skills (whether in the English language or in their primary spoken language).

Division 2—Electronic assisted voting

110EApplication of Part 6 to electronic assisted voting

Part 6 applies to and in respect of electronic assisted voting subject to the provisions of this Part.

110FAvailability of electronic assisted voting

(1)The Commission must determine that electronic assisted voting is available at an election.

(2)The Commission must designate a voting centre as an electronic assisted voting centre.

110GWho can access electronic assisted voting?

Electronic assisted voting can be accessed by a prescribed eligible class or classes of electors prescribed by the regulations for the purposes of this section.

110HCommission to approve procedures for electronic assisted voting

(1)The Commission may approve procedures to facilitate voting by a prescribed eligible class or classes of electors at an election by means of electronic assisted voting.

(2)The Commission may engage an independent person or auditor to conduct audits of the computer program, systems and information technology used under the approved procedures.

Division 3—General

110HADefinition

In this Part, electronic assisted voting includes voting by the use of electronic equipment, telephone or other technology.

110HBApproval of computer program or system for electronic voting and electronic assisted voting

(1)The Commission may approve a computer program or system to enable electronic voting and electronic assisted voting if the Commission is satisfied that the criteria specified in subsection (2) apply.

(2)The criteria are—

(a)the proper use of the computer program or system will give the same result in the recording of votes in an election as would be obtained if no computer program or system was used in the recording of votes;

(b)the computer program or system will enable a visual display or auditory description (including the names and order of the candidates and other details about the candidates as they appear on the ballot-paper) of the ballot-paper and voting instructions to be provided to an elector so that the elector may vote using a touch screen or a keypad;

(c)the computer program or system will enable an elector to select consecutive preferences beginning with the figure "1" or, in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a);

(d)the computer program or system allows an elector to correct a mistake before the vote is processed by the computer program;

(e)the computer program or system allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election;

(f)the computer program or system allows an elector to abandon for any reason the electronic ballot‑paper without completing the vote;

(g)the computer program or system can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election;

(h)the computer program or system will prevent any person from ascertaining the vote of a particular elector.

(3)The Commission may approve a process for capturing preferences into the approved computer program or system for electronic voting or for electronic assisted voting.

110HCSecurity arrangements

The Commission must ensure that arrangements are in place to ensure that—

(a)systems, computer programs and electronic devices used or intended to be used for or in connection with electronic voting and electronic assisted voting are kept secure from interference; and

(b)the integrity of voting is maintained while electronic voting and electronic assisted voting is being used.

110HDBallot-papers

(1)For the purposes of this Part, a ballot-paper prepared under section 74 may be in an electronic form.

(2)The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the visual display or auditory description of the electronic form.

(3)The Commission may approve changes to the form of the ballot-paper printed from the ballot-paper in an electronic form.

110HEVoting

(1)For the purposes of section 92, if section 110D applies to a person entitled to vote, the person may be given access to an electronic ballot-paper.

(2)For the purposes of section 92, if section 110G applies to a person entitled to vote, the person may authorise an election official to access and complete a ballot-paper on their behalf.

(3)If an elector given access to an electronic ballot‑paper has complied with the voting instructions provided and the vote is processed by the computer program, the elector is to be taken for the purposes of sections 93 and 93A to have marked the elector's vote on the ballot-paper in accordance with those sections.

(4)For the purposes of section 93(6), an elector using electronic voting or electronic assisted voting is to be taken to have deposited their vote in the ballot-box—

(a)in the case of electronic voting, when they submit their electronic ballot-paper using the approved computer program; or

(b)in the case of electronic assisted voting, when the election official has confirmed completion of the ballot‑paper.

(5)For the purposes of section 98, a person to whom section 110D applies is entitled to apply to vote at an early voting centre.

(6)The validity of a vote cast in accordance with this section cannot be disputed on the ground that the elector could have voted without assistance.

110IOffence in relation to electronic voting and electronic assisted voting

(1)A person must not, without reasonable excuse, destroy or interfere with any computer program, data file or electronic device which is used, or intended to be used, for or in connection with electronic voting and electronic assisted voting.

(2)A person who contravenes subsection (1) is guilty of an indictable offence.

Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).

Note

Section 179A applies to an offence against this section.".

33New section 110J inserted

Before section 111 of the Electoral Act 2002 insert—

"110J   Early processing of votes under sections 99 and 106

(1)This section applies to the processing of—

(a)ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3); and

(b)ballot-papers received by post under section 106.

(2)The processing of ballot-papers must be conducted—

(a)during the authorised period; and

(b)within a restricted area; and

(c)in accordance with the regulations; and

(d)in accordance with any instructions in relation to secrecy determined by the Commission.

(3)An election manager or election official cannot conduct any processing of ballot-papers unless the election manager or election official has given written notice to each registered political party and each candidate whose name is printed on the ballot-papers specifying—

(a)the authorised period; and

(b)the location of the restricted area.

(4)A person must not enter the restricted area with any device that could be used to convey or transmit any information to a person or device located outside the restricted area.

Penalty:600 penalty units.

(5)A person must not disclose or otherwise use information obtained during the processing of ballot-papers for any purpose other than the conducting of the processing.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate or registered political party, 3000 penalty units.

Note

Section 179A applies to an offence against this subsection.

(6)In this section—

authorised period means—

(a)in the case of ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3), the period of 2 hours immediately before the close of voting specified in the written notice given under subsection (3); and

(b)in the case of ballot-papers received by post under section 106, the period of 10 hours immediately before the close of voting specified in the written notice given under subsection (3);

restricted area means an area specified in the written notice under subsection (3)—

(a)that precludes any person outside that area from seeing or hearing any aspect of the processing; and

(b)that is under the control of an election manager or election official who can permit a person to enter or leave that area.".

34Amendment of section 111—Preliminary scrutiny of declaration votes

Section 111(4) of the Electoral Act 2002 is repealed.

35Amendment of section 112—Rejection of ballot‑papers

After section 112(1) of the Electoral Act 2002 insert—

"(1A)A ballot-paper that has been reproduced by hand by an election official at a voting centre must not be rejected only because the ballot‑paper does not have printed on it—

(a)the logo of a political party entered in the Register of Political Parties in relation to a political party and any candidate endorsed by that political party on the ballot-paper for an election; or

(b)if a composite name is to be printed on the ballot-paper for a Council election, the logo of each political party to which the composite name relates.".

36Amendment of section 114A—Procedure for ascertaining number of votes for Council candidates

For section 114A(28)(c) of the Electoral Act 2002 substitute—

"(c)a transfer to a candidate in accordance with subsection (12)(b) of all of the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value.".

37Amendment of sections 152 and 158—Conduct near voting centres

(1)After section 152(3) of the Electoral Act 2002 insert—

"(4)A person must not, subject any person who within 100 metres of the entrance of a building used as a voting centre is handing out how-to-vote cards or supporting a candidate at an election, to violence or intimidation.

(5)A person who contravenes subsection (4) is guilty of an indictable offence.

Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".

(2)For section 158(1) of the Electoral Act 2002 substitute—

"(1)This section applies during the hours of voting in respect of a voting centre—

(a)within 6 metres of the entrance of, or within the building used as, a voting centre; or

(b)if the Commission considers that it is practically necessary to do so for a voting centre specified by the Commission by a notice displayed at the entrance to the voting centre, within a distance determined by the Commission that is less than 6 metres of the entrance of, or within the building used as, the specified voting centre.

Example

The Commission may determine that it is practically necessary to determine a shorter distance because of the need to deal with inclement weather.".

(3)After section 158(3) of the Electoral Act 2002 insert—

"(4)Subsection (2)(e) does not apply to—

(a)a car sticker, an item of clothing (when worn), lapel button, lapel badge, fridge magnet, pen or pencil; or

(b)any other thing or item or class of thing or item prescribed by the regulations.

(5)An election manager or election official may remove, or cause to be removed, any notice or sign that the election manager or election official reasonably considers is being exhibited in contravention of subsection (2).".

38New section 158A inserted—Exhibit of notice or sign within 100 metres of entrance to voting centre

After section 158 of the Electoral Act 2002 insert—

"158A   Exhibit of notice or sign within 100 metres of entrance to voting centre

(1)Subject to section 158, this section applies during the hours of voting in respect of a voting centre—

(a)within 100 metres of any designated entrance to the voting centre; or

(b)if any entrance to the grounds of the voting centre is designated under subsection (3), within 100 metres of any designated entrance to the grounds in which the voting centre is situated—

but excluding any premises used as a private residence that is located within 100 metres of any designated entrance to the voting centre or any designated entrance to the grounds in which the voting centre is situated.

(2)While this section applies, a person must not exhibit any notice or sign (other than an official notice) in relation to the election except as provided in subsection (3).

Penalty:5 penalty units.

Note

Section 179A applies to an offence against this subsection.

(3)A candidate or registered political party may display 2 signs not exceeding—

(a)600 millimetres by 900 millimetres; or

(b)if another size is prescribed by the regulations, the prescribed size—

at each designated entrance to the grounds in which the voting centre is situated.

(4)Subsection (2) does not apply to—

(a)a car sticker, an item of clothing (when worn), lapel button, lapel badge, fridge magnet, pen or pencil; or

(b)any other thing or item or class of thing or item prescribed by the regulations.

(5)For the purposes of this section, designated entrance means—

(a)an entrance or entrances to a voting centre; or

(b)an entrance or entrances to the grounds in which the voting centre is located—

designated by the Commission for the purposes of this section.

(6)An election manager or election official may remove, or cause to be removed, any notice or sign that the election manager or election official reasonably considers is being exhibited in contravention of subsection (2).".

39Consequential amendments to section 179A—Criminal liability of officers of bodies corporate—accessorial liability

(1)After section 179A(2)(c) of the Electoral Act 2002 insert—

"(ca)section 83A;".

(2)After section 179A(2)(g) of the Electoral Act 2002 insert—

"(ga)section 110J(5);".

(3)In section 179A(2)(k) of the Electoral Act 2002, for "(f)." substitute "(f);".

(4)After section 179A(2)(k) of the Electoral Act 2002 insert—

"(l)section 158A(2).".

40Consequential amendment of Schedules

(1)In Schedule 1A to the Electoral Act 2002—

(a)after "2" (wherever occurring) insert "and 5";

(b)after note 4 insert—

"5.Here insert any logo registered in relation to the registered political party or any logos in relation to the registered political parties forming a composite name.".

(2)In Schedule 1B to the Electoral Act 2002—

(a)after "2" (wherever occurring) insert "and 5";

(b)after note 4 insert—

"5.Here insert any logo registered in relation to the registered political party or any logos in relation to the registered political parties forming a composite name.".

(3)In Schedule 2 to the Electoral Act 2002, after "parties" insert ", and any logo registered in relation to a registered political party,".

Part 3—Amendments relating to prohibited political donations and
powers of the Commission

41Consequential amendment of heading to Part 12

In the heading to Part 12 of the Electoral Act 2002, after "expenditure" insert "and political donations".

42Amendment of section 206—Definitions

(1)Insert the following definitions in section 206(1) of the Electoral Act 2002—

"associated entity means—

(a)an entity that is controlled by one or more registered political parties; or

(b)an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or

(c)an entity that is a financial member of a registered political party; or

(d)an entity on whose behalf another person is a financial member of a registered political party; or

(e)an entity that has voting rights in a registered political party; or

(f)an entity on whose behalf another person has voting rights in a registered political party—

but does not include a nominated entity of a registered political party;

Australian resident has the same meaning as it has in section 7 of the Social Security Act 1991 of the Commonwealth;

candidate means—

(a)a person who has been selected by a political party to be a candidate in an election; or

(b)a person, other than a member of a political party, who has publicly announced an intention to be a candidate in an election;

compliance officer means a person who is appointed by the Commission under section 222A;

donor means a person who makes a political donation;

elected member means a person who is a member of the Council or the Assembly;

election campaigning period means the period—

(a)commencing on 1 October in the year of a general election as a result of the expiration of the Assembly and ending at 6 p.m. on the day of the general election; or

(b)commencing on the day on which the writ is issued for any other election and ending at 6 p.m. on the day of the election;

entity means—

(a)an incorporated or unincorporated body; or

(b)the trustee of a trust;

financial institution means—

(a)a bank; or

(b)a credit union; or

(c)a building society; or

(d)a body prescribed by the regulations to be a financial institution;

group means 2 or more candidates whose names are grouped on a ballot-paper in accordance with section 69A;

loan means—

(a)an advance of money; or

(b)the provision of credit or any other form of financial accommodation; or

(c)the payment of an amount for, on account of, on behalf of or at the request of, the receiver, where there is an express or implied obligation to repay that amount; or

(d)any other transaction, whatever its terms or form, that in substance is a loan of money—

but does not include a loan made on a commercial basis by a financial institution;

nominated entity, of a registered political party, means an entity the name and address of which is entered on the Register of Nominated Entities as the nominated entity of the registered political party;

non-financial loan means the loan of an asset or piece of equipment;

political expenditure means any expenditure for the dominant purpose of directing how a person should vote at an election, by promoting or opposing—

(a)the election of any candidate at the election; or

(b)a registered political party; or

(c)an elected member—

but does not include expenditure incurred by an associated entity or third party campaigner on any material that is published, aired or otherwise disseminated outside of the election campaigning period unless the material refers to—

(d)a candidate or a registered political party; and

(e)how a person should vote at an election;

Register of Nominated Entities means the Register of Nominated Entities established and maintained under section 222E;

relevant business number means—

(a)an Australian Business Number; or

(b)any other number allocated or recognised by the Australian Securities and Investments Commission for the purpose of identifying a business;

third party campaigner means any person or entity other than—

(a)a registered political party; or

(b)a candidate at an election; or

(c)a group; or

(d)an elected member; or

(e)an associated entity; or

(f)a nominated entity of a registered political party—

that receives political donations or incurs political expenditure which exceeds a total of $4000 in a financial year;".

(2)In section 206(1) of the Electoral Act 2002—

(a)in the definition of disposition of property, after paragraph (c) insert—

"(ca)the making of a loan or a non-financial loan or the forbearance of any loan or non-financial loan;";

(b)for the definition of gift substitute—

"gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including the following—

(a)the provision of a service;

(b)the payment of an amount in respect of a guarantee;

(c)the making of a payment or contribution at a fundraising function;

(d)the disposition of property from a registered political party, a branch of a registered political party or an associated entity—

but does not include the following—

(e)a payment under this Part;

(f)a gift to an individual that was made in a private capacity to the individual for their personal use, and that the individual has not used, and does not intend to use, solely or substantially for an election;

(g)an annual subscription paid to a registered political party by a person in respect of the person's membership of the registered political party;

(h)an annual affiliation fee paid to a registered political party by an associated entity;

(i)an annual levy paid to a registered political party by—

(i)an elected member or a member of staff of the elected member (including an electoral officer); or

(ii)an employee or elected official of the registered political party;

(j)a gift made by a registered political party to the nominated entity of the registered political party or received by a registered political party from the nominated entity of the registered political party;

(ja)a gift made for Commonwealth electoral purposes that is not paid into the State campaign account;

(k)the provision of volunteer labour;

(l)the provision of labour shared between—

(i)a registered political party and any other branch of the registered political party; or

(ii)an associated entity and any other branch of the associated entity; or

(iii)a third party campaigner and any other branch of the third party campaigner;

(m)if the provision of labour to which paragraph (l) applies includes the provision of an asset or piece of equipment to be used by the person in providing the labour, the asset or piece of equipment;

Example

If a person from the first branch of a registered political party, associated entity or third party campaigner is shared with another branch of the registered political party, associated entity or third party campaigner and brings with them a mobile phone supplied by the first branch of the registered political party, associated entity or third party campaigner to use while providing their labour, the provision of the mobile phone is not a gift.

If a person from the first branch of a registered political party, associated entity or third party campaigner is shared with another branch of the registered political party, associated entity or third party campaigner and provides their labour from an office supplied by the first branch of the registered political party, associated entity or third party campaigner, the provision of the office is not a gift.";

(c)for the definition of political donation substitute—

"political donation means a gift to any of the following—

(a)a registered political party;

(b)a candidate at an election;

(c)a group;

(d)an elected member;

(e)an associated entity, if the whole or part of the gift was used, or intended to be used, by the associated entity to—

(i)enable the associated entity to make, directly or indirectly, a political donation or incur political expenditure; or

(ii)reimburse the associated entity for making, directly or indirectly, a political donation or incurring a political expenditure—

in which case, the whole or the part of the gift used, or intended to be used, for the purposes specified in subparagraphs (i) and (ii) is a political donation;

(f)a third party campaigner, if the whole or part of the gift was used, or intended to be used, by the third party campaigner to—

(i)enable the third party campaigner to make, directly or indirectly, a political donation or incur political expenditure; or

(ii)reimburse the third party campaigner for making, directly or indirectly, a political donation or incurring a political expenditure—

in which case, the whole or the part of the gift used, or intended to be used, for the purposes specified in subparagraphs (i) and (ii) is a political donation;

(g)the nominated entity of a registered political party;".

(3)After section 206(1) of the Electoral Act 2002 insert—

"(1A)For the purposes of this Part, the value of a gift, other than of money, is to be determined in accordance with the principles prescribed by the regulations.".

43New Division 3A inserted in Part 12

After Division 3 of Part 12 of the Electoral Act 2002 insert—

"Division 3A—Prohibited political donations

217APolitical donation from certain sources banned

It is unlawful for a donor to make a political donation, or for a registered political party, a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner to accept a political donation from a donor, unless the donor—

(a)in the case of a donor who is a natural person, is an Australian citizen or an Australian resident; or

(b)in the case of a donor who is not a natural person, has a relevant business number.

217BAnonymous political donation not to be accepted

It is unlawful for a donor to make a political donation equal to or above the value of $1000, or for a registered political party, a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner to accept a political donation equal to or above the value of $1000 from a donor, unless when the donation is made—

(a)the donor gives to the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner their name and address; and

(b)the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner has no reason to believe that the name or address is false.

217CForfeiture of political donations accepted in contravention of this Division

(1)A political donation that is accepted in contravention of this Division is forfeited to the State.

(2)An amount forfeited under subsection (1) may be recovered from the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner that accepted the political donation.".

44Amendment of section 218—Offences

After section 218(5) of the Electoral Act 2002 insert—

"(5A)A person who knowingly makes or accepts a political donation that is unlawful under Division 3A is guilty of an offence.

Penalty:300 penalty units or 2 years imprisonment or both.".

45New Division 4A inserted in Part 12

After Division 4 of Part 12 of the Electoral Act 2002 insert—

"Division 4A—Powers of the Commission

Subdivision 1—General

222ACompliance officers

The Commission may by instrument in writing appoint any employees of the Commission to be compliance officers for the purposes of this Part.

222BPower to issue notice

(1)A compliance officer may by notice require a registered political party, candidate, group, elected member, nominated entity, associated entity, third party campaigner or donor to—

(a)produce the documents or other things specified in the notice within the period and in the manner specified in the notice; or

(b)appear before the compliance officer at a time and place specified in the notice to—

(i)give evidence either orally or in writing; and

(ii)produce the documents or other things specified in the notice.

(2)If a compliance officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence in relation to a contravention or possible contravention of this Part, the compliance officer may by notice require the person to—

(a)produce the documents or other things specified in the notice within the period and in the manner specified in the notice; or

(b)appear before the compliance officer at a time and place specified in the notice to—

(i)give evidence either orally or in writing; and

(ii)produce the documents or other things specified in the notice.

(3)A notice under this section—

(a)must be in writing; and

(b)may be served personally or by post.

222CReview of decision to issue notice

(1)A person who is served with a notice under section 222B may request the Commission to review the decision of the compliance officer to issue the notice.

(2)A request under subsection (1) must—

(a)be in writing; and

(b)be given to the Commission within 14 days of the day on which the notice was received.

(3)The Commission must—

(a)review the decision of the compliance officer to issue the notice; and

(b)affirm, vary or set aside the decision; and

(c)notify the person in writing of its decision on the review.

(4)If a person requests a review of a decision, the person is not to be taken to have refused or failed to comply with the notice to which the review relates any time before the Commission has notified the person of its decision on the review.

222DOffences in relation to notice issued under section 222B

(1)A person who refuses to comply with a notice issued under section 222B to the extent that the person is capable of complying is guilty of an offence.

Penalty:200 penalty units.

(2)A person who in purported compliance with a notice issued under section 222B gives evidence that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.

Penalty:200 penalty units.

Subdivision 2—Register of Nominated Entities

222ERegister of Nominated Entities

(1)The Commission must establish and maintain a register, to be known as the Register of Nominated Entities, in accordance with this Division.

(2)The Commission must publish the Register of Nominated Entities on its Internet site.

222FNomination and eligibility for appointment as nominated entity

(1)A registered political party may appoint an entity as the nominated entity of the registered political party.

(2)Subject to subsection (3), an entity is eligible to be appointed as the nominated entity of a registered political party if the entity is an incorporated body—

(a)that is controlled, within the meaning of section 50AA of the Corporations Act, by the registered political party; and

(b)that—

(i)operates for the sole benefit of the members of the registered political party; or

(ii)is established and maintained, or is the trustee of a trust established and maintained, for the sole benefit of the members of the registered political party; and

(c)that does not have voting rights in the registered political party.

(3)Despite subsection (2), if the first appointment of an entity as the nominated entity of a registered political party is made before 1 July 2020, an entity is eligible to be appointed as the nominated entity of the registered political party if the entity is an incorporated body—

(a)that—

(i)operates for the principal benefit of the members of the registered political party; or

(ii)is established and maintained, or is the trustee of a trust established and maintained, for the principal benefit of the members of the registered political party; and

(b)that does not have voting rights in the registered political party.

(4)Despite subsection (1), an entity is not eligible to be appointed as the nominated entity of a registered political party if—

(a)the entity is currently the nominated entity of another registered political party; or

(b)the entity, or an officer of the entity within the meaning of section 9 of the Corporations Act, has been convicted of an offence under Part 12 of this Act; or

(c)the appointment of another entity as the nominated entity of the registered political party is in effect.

222GAppointment as nominated entity

(1)A registered political party may provide written notice of the appointment of an entity as its nominated entity to the Commission, in the form and manner determined by the Commission, specifying—

(a)the name and address of the registered political party; and

(b)the name and address of the entity; and

(c)such other information as is determined by the Commission.

(2)An entity appointed as the nominated entity of a registered political party must provide to the Commission—

(a)written notice, in the form and manner determined by the Commission, that the entity consents to the appointment; and

(b)a declaration, duly executed by the entity, stating that the entity is eligible to be appointed as the nominated entity of the registered political party.

222HWhen does an appointment as a nominated entity take effect?

(1)If a registered political party has provided written notice of the appointment of an entity as its nominated entity under section 222G(1), the Commission must enter the name and address of the nominated entity as the nominated entity of the registered political party on the Register of Nominated Entities if—

(a)the entity has provided written notice to the Commission under subsection 222G(2) that it consents to the appointment and is eligible to be appointed; and

(b)the Commission is satisfied that the entity is eligible to be appointed as the nominated entity of the registered political party.

(2)The appointment of the entity as the nominated entity of the registered political party takes effect when the Commission enters the name and address of the entity, and the registered political party of which the entity is the nominated entity, on the Register of Nominated Entities.

(3)The Commission may request that an entity provide the Commission with any evidence it requires to satisfy itself that the entity is eligible to be appointed as the nominated entity for a registered political party.

222IWhen does an appointment as a nominated entity cease?

(1)The appointment of an entity as the nominated entity of a registered political party ceases if the Commission removes the name and address of the entity, as the nominated entity of the registered political party, from the Register of Nominated Entities.

(2)The Commission may only remove the name and address of an entity from the Register of Nominated Entities if—

(a)the entity provides the Commission with a written notice stating that the entity has resigned as the nominated entity, or provides the Commission with a notice under subsection (3) that the entity has ceased to be eligible to be the nominated entity; or

(b)the registered political party that appointed the entity provides the Commission with a written notice stating that the registered political party has revoked the appointment of the nominated entity; or

(c)the entity, or an officer of the entity within the meaning of section 9 of the Corporations Act, is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918.

(3)The nominated entity of a registered political party must provide written notice to the Commission within 7 days of the nominated entity ceasing to be eligible to be the nominated entity of the registered political party.".

Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding

46Amendment of section 206—Definitions

Insert the following definitions in section 206(1) of the Electoral Act 2002—

"administrative expenditure funding means funding paid to a registered political party or an independent elected member for administrative expenses, including expenses incurred in complying with this Part;

Register of Agents means the Register of Agents established under section 207A;

registered agent means—

(a)a person nominated as the agent of a candidate at an election, a group, an elected member, an associated entity or a third party campaigner whose name and address is registered on the Register of Agents; or

(b)if a person has not been nominated, the person who is to be taken to be the registered agent of a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner in accordance with section 207B or 207C;

registered officer has the meaning given to registered officer of a registered political party by section 44;

small contribution means a political donation that is equal to or less than the value of $50;

State campaign account means the separate account or accounts required to be kept under section 207F;".

47New Divisions 1A and 1B inserted in Part 12

(1)After section 207 of the Electoral Act 2002 insert—

"Division 1A—Register of Agents

207ARegister of Agents

The Commission must establish and maintain a Register of Agents in accordance with this Division which contains the prescribed details.

207BAppointment of agent by a candidate at an election, group or elected member

(1)Subject to subsection (4), a candidate at an election may appoint a person to be their agent in relation to the election.

(2)Subject to subsection (4), the members of a group may jointly appoint a person to be their agent in relation to the election.

(3)Subject to subsection (4), an elected member may appoint a person to be their agent in relation to the election.

(4)If—

(a)a registered political party has endorsed a candidate; or

(b)all the members of a group are members of the same registered political party; or

(c)an elected member is a member of a registered political party—

the registered officer of the registered political party is to be taken to be the agent of the candidate, group or elected member.

(5)Subject to subsection (4), during any period in which there is no appointment in force under subsection (1) of an agent of a candidate, a candidate at an election is to be taken to be their own agent in relation to the election.

(6)Subject to subsection (4), during any period in which there is no appointment in force under subsection (2) of an agent of a group, the candidate whose name appears first in the group on the ballot-paper is to be taken to be the agent of the group in relation to the election.

(7)Subject to subsection (4), during any period in which there is no appointment in force under subsection (3) of an agent of an elected member, the elected member is to be taken to be their own agent in relation to the election.

207CAgent of associated entity, third party campaigner or nominated entity

(1)An associated entity may appoint a person to be an agent of the associated entity.

(2)During any period in which there is no appointment in force under subsection (1) of an agent of an associated entity, the financial controller of the associated entity is to be taken to be the agent of the associated entity.

(3)A third party campaigner may appoint a person to be an agent of the third party campaigner.

(4)During any period in which there is no appointment in force under subsection (3) of an agent of a third party campaigner—

(a)if the third party campaigner is a natural person, the third party campaigner; or

(b)in any other case, the financial controller of the third party campaigner—

is to be taken to be the agent of the third party campaigner.

(5)The registered officer of a registered political party is taken to be the agent of the nominated entity of the registered political party, if the registered political party has a nominated entity.

(6)In this section, financial controller means, if the associated entity or third party campaigner—

(a)is a corporation, the secretary of the corporation; or

(b)is a trustee of a trust and the trustee is a natural person, the trustee; or

(c)is neither a corporation nor a trustee of a trust who is a natural person, the person responsible for keeping the financial records of the associated entity or third party campaigner.

207DRequirements in relation to appointment of agent

(1)An appointment of a person as an agent under this Division has no effect unless—

(a)the person has attained the age of 18 years; and

(b)the person or entity making the appointment has provided written notice of the appointment to the Commission in the form and in the manner determined by the Commission specifying—

(i)the name and address of the person or entity making the appointment; and

(ii)the name and address of the person appointed as an agent; and

(iii)any other information determined by the Commission; and

(c)the person appointed as an agent has provided to the Commission in the form and in the manner determined by the Commission—

(i)their consent to the appointment; and

(ii)a declaration signed by the person stating that they are eligible to be appointed as an agent.

(2)A person is not eligible to be appointed as an agent if the person has been convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918.

207EWhen is appointment of agent in effect?

(1)The appointment of an agent as a registered agent takes effect when the Commission enters the name and address of the person appointed as an agent on the Register of Agents.

(2)A person ceases to be a registered agent if the Commission removes the name and address of the person from the Register of Agents.

(3)The Commission may only remove the name and address of a person from the Register of Agents if—

(a)the person provides the Commission with a written notice stating that they have resigned as an agent; or

(b)the person or entity who appointed the person as their agent provides the Commission with a written notice stating that they have revoked the appointment of the person as their agent; or

(c)the person is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918; or

(d)the Commission is notified of the death of the person appointed as an agent in accordance with subsection (4).

(4)If a person who is a registered agent dies, the person or entity who appointed the person as their agent must provide to the Commission—

(a)written notice of the death of the person appointed as their agent; and

(b)written notice of the appointment of another person as their agent in accordance with section 207D.

(5)If a person who is a registered agent is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918, the person or entity who appointed the person as their agent must provide to the Commission written notice of the appointment of another person as their agent in accordance with section 207D—

(a)within 28 days after the conviction; or

(b)if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.

Division 1B—State campaign account

207FState campaign account

(1)The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must keep a State campaign account consisting of a separate account or accounts with an ADI for the purpose of State elections.

(2)The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must ensure that each political donation (including each small contribution) received under Division 3 by the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is paid into the State campaign account.

(3)The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must ensure that any amount kept in any account for Commonwealth electoral purposes by the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is not paid into the State campaign account.

(4)The registered officer of a registered political party must ensure that any amount received as—

(a)an annual subscription paid to the registered political party by a person in respect of the person's membership of the registered political party; or

(b)an annual affiliation fee paid to the registered political party by an associated entity; or

(c)an annual levy paid to the registered political party by an elected member or a member of staff of the elected member (including an electoral officer), or by an employee or elected official of the registered political party—

is not paid into the State campaign account.

(5)If a registered agent of an associated entity or a third party campaigner pays into the State campaign account an amount received as—

(a)an annual subscription paid to the associated entity or third party campaigner by a person in respect of the person's membership of the associated entity or third party campaigner; or

(b)an annual levy paid to the associated entity or third party campaigner by an elected official or employee of the associated entity or third party campaigner—

the amount is to be taken to be a political donation within the meaning of section 206(1) and sections 216, 217D, 217J and 217K apply accordingly.

(6)The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must ensure that no amount of money for political expenditure is paid for by the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner unless the amount is paid from the State campaign account.

(7)The regulations may prescribe—

(a)what other amounts of any kind may be paid into a State campaign account; and

(b)what other amounts of any kind must not be paid into a State campaign account.

(8)After debts have been paid, any amount remaining in a State campaign account—

(a)of a candidate at an election when the candidate is not successful, or when an elected member ceases to be a member, is to be paid—

(i)if the candidate or elected member was a member of a registered political party, to the registered political party for payment into its State campaign account; or

(ii)if the candidate or elected member was not a member of a registered political party, to a charity nominated by the candidate or elected member or their registered agent; or

(b)of a group when one or more of the group is not successful or ceases to be an elected member, is to be paid—

(i)to the remaining member of the group, or if more than one remaining member, to each of the remaining members in equal shares, for payment into the relevant State campaign account; or

(ii)if there are no remaining members of the group and the members had been endorsed by a registered political party, to the registered political party for payment into its State campaign account; or

(iii)if there are no remaining members of the group and the members had not been endorsed by a registered political party, to a charity nominated by the registered agent of the group.".

(2)Before section 208 of the Electoral Act 2002 insert—

"Division 1C—Administrative Expenditure Funding

207GDefinitions

In this Division—

claimable expenditure means expenditure for administrative expenses as determined by the Commission, subject to the following—

(a)the following expenditure is included—

(i)expenditure for the administration or management of the activities of the eligible party or elected member;

(ii)expenditure for conferences, seminars, meetings or similar functions at which the policies of the eligible party or elected member are discussed or formulated;

(iii)expenditure in respect of the audit of the financial accounts of, or claims for payment or disclosures under the Act of, the eligible party or elected member;

(iv)expenditure on the remuneration of staff engaged in the matters referred to in subparagraphs (i) to (iii) for the eligible party or elected member to the extent that that expenditure relates to the time that the staff are engaged in those matters;

(v)expenditure on equipment or vehicles used by staff whilst engaged in the matters referred to in subparagraphs (i) to (iii) for the eligible party or elected member to the extent that that expenditure relates to use of the equipment or vehicles by the staff whilst engaged in those matters;

(vi)expenditure on office accommodation for the staff and equipment referred to in subparagraphs (iv) and (v);

(vii)expenditure on interest payments on loans;

(b)the following expenditure is not included—

(i)political expenditure;

(ii)electoral expenditure;

(iii)expenditure for which an elected member has claimed a parliamentary allowance as a member;

(iv)expenditure that is incurred substantially in respect of operations or activities relating to the election of members of the eligible party to a Parliament other than the Parliament of Victoria;

election quarter, of a year in which a scheduled general election period occurs, means the quarter of that year beginning on 1 October;

independent elected member means an elected member who is not a member of a registered party;

scheduled general election period means the period commencing on 1 July in a year that a general election under section 61(1)(a) is to be held and ending on the day that the general election is held (both days inclusive).

207GAEntitlement to administrative expenditure funding

(1)Subject to this section and section 207GB, the following are eligible to receive an annual amount of administrative expenditure funding as follows—

(a)for an independent elected member, an amount of $200 000;

(b)for a registered political party, an amount of—

(i)$200 000 for the first elected member; and

(ii)$70 000 for the second elected member; and

(iii)$35 000 for each of the third to the forty-fifth elected members.

(2)The Commission must make payments of administrative expenditure funding under this section quarterly in advance.

(3)In an election quarter, the Commission must make payments of administrative expenditure funding—

(a)in advance on a pro-rata basis for the period—

(i)beginning on 1 October of that year; and

(ii)ending in the day of the general election; and

(b)in arrears on a pro-rata basis for the period—

(i)beginning on the day after the day of the general election; and

(ii)ending on 31 December in that year.

(4)The entitlement to receive a quarterly payment of administrative expenditure funding is to be calculated on a pro-rata basis for—

(a)each day in the quarter that an elected member is an independent elected member; or

(b)each day in the quarter that an elected member is a member of a registered political party.

(5)In a scheduled general election period—

(a)an independent elected member only has an entitlement under subsection (1) if the independent elected member subsequently nominates as a candidate under section 69 and stands for election to the Parliament of Victoria at the general election; and

(b)a registered political party only has an entitlement under subsection (1) in respect of each elected member of the registered political party who subsequently nominates as a candidate under section 69 and stands for election to the Parliament of Victoria at the general election as an endorsed candidate of that registered political party.

(6)Despite subsection (3), the first payment of administrative expenditure funding is to be—

(a)payable from 1 August 2018; and

(b)paid on a pro-rata basis for the period commencing on 1 August 2018 and ending on 30 September 2018.

207GBRequest to Commission to receive administrative expenditure funding

(1)For the purpose of having an entitlement to receive payments of administrative expenditure funding in respect of a scheduled general election period, the registered officer of a registered political party or the registered agent of an independent elected member must provide a request in writing to the Commission that the registered political party or independent elected member receive payments of administrative expenditure funding for the period.

(c)an amount equal to the amount by which the political donation exceeds the general cap was returned by the recipient of the political donation to the donor or otherwise forfeited to the State.

(4)It is not unlawful for a person or entity to accept a political donation that would otherwise be unlawful by virtue of subsection (2) if the political donation, or that part of the political donation, that exceeds the general cap is made for Commonwealth electoral purposes and is not paid into the State campaign account of the person or entity.

(5)A contribution by a candidate at an election or an elected member to their own election campaign is not included in the general cap in respect of that candidate or member.

(6)A political donation to —

(a)a candidate who has been selected by a political party to be a candidate in an election; or

(b)an elected member who is an endorsed candidate of a registered political party; or

(c)a group that is endorsed by a registered political party; or

(d)a nominated entity of a registered political party—

must also be included as a donation to the registered political party for the purposes of the general cap.

(7)A political donation to a candidate at an election or an elected member who is a member of a group must also be included as a donation to the group for the purposes of the general cap.

(8)For the avoidance of doubt, a gift that is accepted by an associated entity or a third party campaigner for a purpose that does not involve political expenditure is not included in the general cap.

(9)Subject to subsection (10), for the purposes of this section, a small contribution made to, or for the benefit of, the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is to be disregarded in determining whether the general cap specified in subsection (1) has been exceeded in the election period.

(10)Subsection (9) does not apply if a small contribution is made to, or for the benefit of the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner in contravention of section 218B.

217EAggregation

(1)These provisions apply for the purposes of determining the general cap under section 217D.

(2)A political donation made by a donor of an amount equal to or less than the general cap is to be treated as a political donation that exceeds the general cap if that political donation and other separate political donations made by that donor to the same registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner within the election period if aggregated exceed the general cap.

(3)For the purposes of this section, a political donation made by a donor to a person in the person's capacity as a candidate at an election or an elected member is aggregated for the purposes of determining the general cap.

(4)Subject to subsection (5), for the purposes of this section, a small contribution made by a donor is to be disregarded.

(5)Subsection (4) does not apply if a small contribution to the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is made in contravention of section 218B.

217FLimit on political donations to third-party campaigners

It is unlawful for a donor to make political donations to more than 6 third-party campaigners during the election period.

217GForfeiture of political donations accepted in contravention of this Division

(1)A political donation that is accepted in contravention of this Division is forfeited to the State.

(2)An amount forfeited under subsection (1) may be recovered from the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner that accepted the political donation.

Division 3C—Annual returns and other information

217HTwo or more amounts

For the purposes of this Division, 2 or more amounts received or paid during the relevant financial year by, or on behalf of, the same registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner are to be taken to be one amount.

217IAnnual return by registered political party

(1)The registered officer of a registered political party must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that—

(a)is in the form determined by the Commission; and

(b)sets out the following—

(i)the total amount received by, or on behalf of, the registered political party;

(ii)if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the annual return must include the following particulars of that sum—

(A)the full name and address of the person or entity from whom the amount was received;

(B)the sum of the amount received;

(C)whether the amount is a political donation or a receipt for another purpose;

(iii)the total amount paid by, or on behalf of, the registered political party during the financial year;

(iv)the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the registered political party;

(v)if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the annual return must include the following particulars of that sum—

(A)the full name and address of the person or entity to whom the amount of the debt is owed;

(B)the sum of the amount that is owed;

(C)whether the amount of the debt is to a financial institution or non-financial institution;

(vi)any other details prescribed by the regulations.

(2)For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded.

217JAnnual return by associated entities

(1)The registered agent of an associated entity must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that—

(a)is in the form determined by the Commission; and

(b)in relation to the State campaign account of the associated entity, sets out the following—

(i)the total amount received by, or on behalf of, the associated entity;

(ii)if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum—

(A)the full name and address of the person or entity from whom the amount was received;

(B)the sum of the amount received;

(C)whether the amount is a political donation or a receipt for another purpose;

(iii)the total amount paid by, or on behalf of, the associated entity during the financial year;

(iv)the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the associated entity;

(v)if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum—

(A)the full name and address of the person or entity to whom the amount of the debt is owed;

(B)the sum of the amount that is owed;

(C)whether the amount of the debt is to a financial institution or non-financial institution;

(vi)any other details prescribed by the regulations.

(2)For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded.

217KAnnual return by third party campaigners

(1)The registered agent of a third party campaigner must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that—

(a)is in the form determined by the Commission; and

(b)in relation to the State campaign account of the third party campaigner, sets out the following—

(i)the total amount received by, or on behalf of, the third party campaigner;

(ii)if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum—

(A)the full name and address of the person or entity from whom the amount was received;

(B)the sum of the amount received;

(C)whether the amount is a political donation or a receipt for another purpose;

(iii)the total amount paid by, or on behalf of, the third party campaigner during the financial year;

(iv)the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the third party campaigner;

(v)if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum—

(A)the full name and address of the person or entity to whom the amount of the debt is owed;

(B)the sum of the amount that is owed;

(C)whether the amount of the debt is to a financial institution or non-financial institution;

(vi)any other details prescribed by the regulations.

(2)For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded.

217LAnnual return by nominated entities

(1)The registered agent of a nominated entity must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that—

(a)is in the form determined by the Commission; and

(b)in relation to the State campaign account of the nominated entity, sets out the following—

(i)the total amount received by, or on behalf of, the nominated entity;

(ii)if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum—

(A)the full name and address of the person or entity from whom the amount was received;

(B)the sum of the amount received;

(C)whether the amount is a political donation or a receipt for another purpose;

(iii)the total amount paid by, or on behalf of, the nominated entity during the financial year;

(iv)the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the nominated entity;

(v)if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum—

(A)the full name and address of the person or entity to whom the amount of the debt is owed;

(B)the sum of the amount that is owed;

(C)whether the amount of the debt is to a financial institution or non-financial institution;

(vi)any other details prescribed by the regulations.

(2)For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded.

217MAnnual return by registered agent of a candidate, group or elected member

(1)The registered agent of a candidate, group or elected member must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that—

(a)is in the form determined by the Commission; and

(b)sets out the following particulars of political donations received by the candidate, group or elected member during the financial year from a person or entity that when aggregated, are equal to or greater than the disclosure threshold under section 216(1)—

(i)the full name and address of the person or entity from whom the political donations were received;

(ii)the sum of the political donations received from that person or entity.

(2)The registered agent of a candidate, group or elected member is not required to provide an annual return under subsection (1) in respect of a financial year if the return would not include any particulars referred to in subsection (1)(b).

(3)For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded.

217NAnnual returns not to include lists of membership

An annual return under this Division must not include lists of membership of registered political parties, associated entities or third party campaigners.

217NAAnnual returns in respect of financial year commencing on 1 July 2018

The period in respect of which an annual return is to be provided in respect of the financial year commencing on 1 July 2018 is the period commencing 25 November 2018 and ending on 30 June 2019 and this Division is to be construed accordingly.

217OInformation to be provided by associated entities and nominated entities

(1)The registered agent of an associated entity or a nominated entity must provide a copy of the following to the Commission as soon as practicable after they have been prepared—

(a)a loan, grant or donation statement under section 237 of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;

(b)a general purpose financial statement under section 253 of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;

(c)financial statements under section 102 of the Associations Incorporation Reform Act 2012;

(d)a financial report under section 319 or 320 of the Corporations Act;

(e)any financial report prescribed by the regulations.

(2)A person who fails to comply with subsection (1) is guilty of an offence.

Penalty:200 penalty units.

217PCommission to publish annual returns

Subject to section 221A, the Commission must publish an annual return provided under this Division on its Internet site within 6 months of the end of the relevant financial year.

Division 3D—Indexation

217QIndexation of certain amounts—consumer price index

(1)An amount in dollars specified in column 2 of an item in the Table to this subsection must be varied, in respect of the financial year beginning on 1 July 2019 and each subsequent financial year, in accordance with the formula—

where—

Ais the amount specified in column 2 of that item or, if that amount has been varied in accordance with this section, that amount as last so varied;

Bis the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;

Cis the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

TABLE

Column 1

Item

Column 2

Amount

1

Section 206(1), definition of general cap—$4000

2

Section 206(1), definition of small contribution—$50

3

Section 206(1), definition of third‑party campaigner—$4000

4

Section 207GA(1)(a)—$200 000

5

Section 207GA(1)(b)(i)—$200 000

6

Section 207GA(1)(b)(ii)—$70 000

7

Section 207GA(1)(b)(iii)—$35 000

9

Section 211(2A)(a)—$6.00

10

Section 211(2A)(b)—$3.00

10A

Section 215A(2)(a)—$1.00

10B

Section 215A(2)(b)—$25 000

11

Section 216(1)—$1000

12

Section 217B—$1000

(2)Where it is necessary for the purposes of this section to calculate an amount, the amount is deemed to have been calculated in accordance with this section if the calculation is made—

(a)if the amount is less than $10, to the nearest whole cent; or

(b)if the amount is less than $1000, to the nearest whole $1; or

(c)if the amount is $1000 or more, to the nearest whole $10.".

59Amendment of section 218—Offences

(1)For the penalty at the foot of section 218(1) of the Electoral Act 2002 substitute—

"Penalty:300 penalty units or 2 years imprisonment or both.".

(2)For the penalty at the foot of section 218(2) of the Electoral Act 2002 substitute—

"Penalty:300 penalty units or 2 years imprisonment or both.".

(3)For the penalty at the foot of section 218(5) of the Electoral Act 2002 substitute—

"Penalty:300 penalty units or 2 years imprisonment or both.".

(4)In section 218(5A) of the Electoral Act 2002, after "3A" insert "or 3B".

60New sections 218A and 218B inserted

After section 218 of the Electoral Act 2002 insert—

"218A   Offences in relation to disclosure returns and annual returns

(1)A person who fails to provide a disclosure return or an annual return as required under this Part is guilty of an offence.

Penalty:200 penalty units.

(2)A person who provides a disclosure return or an annual return as required under this Part that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.

Penalty:300 penalty units or 2 years imprisonment or both.

(3)A person who gives to another person who is required to provide a disclosure return or an annual return as required by this Part any information that relates to the disclosure return or annual return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular is guilty of an offence.

Penalty:300 penalty units or 2 years imprisonment or both.

(4)Subject to subsection (5), a person who makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are, or could be, required to be specified in a disclosure return or an annual return must retain that record for a period of at least 4 years after the disclosure return or annual return is provided to the Commission.

Penalty:200 penalty units.

(5)Subsection (4) does not apply to a record that, in the normal course of business administration, would be transferred to another person.

(6)Despite anything to the contrary in this Act or any other Act, a prosecution in respect of an alleged offence against a provision of this section may be started at any time within 3 years after the alleged offence was committed.

218BOffence to enter into or carry out scheme

(1)A person must not enter into, or carry out, a scheme, whether alone or with any other person, with the intention of circumventing a prohibition or requirement under this Part.

Penalty:10 years imprisonment.

(2)Without limiting subsection (1), a person commits an offence under that subsection if the person enters into, or carries out, a scheme under which—

(a)an entity that is not a nominated entity of a registered political party receives one or more gifts at a particular time; and

(b)after receiving the gift or gifts, the entity becomes the nominated entity of a registered political party; and

(c)the receiving of the gift or gifts by the entity would have constituted an offence against this Part if the entity had been the nominated entity of the registered political party at the time the gift or gifts were received; and

(d)the person entered into the scheme with the intention of circumventing a prohibition or requirement under this Part.".

61Amendment of section 220—Records to be kept

In section 220(1) of the Electoral Act 2002, for "3" substitute "4".

62Amendment of section 221 to apply to donation returns and annual returns

(1)In the heading to section 221 of the Electoral Act 2002, after "statements" insert ", donation returns or annual returns".

(2)In section 221 of the Electoral Act 2002, after "statement" (wherever occurring) insert ", donation return or annual return".

(3)After section 221(6) of the Electoral Act 2002 insert—

"(6A)If the Commission is satisfied that a political donation has been returned to a donor after a return has been provided to the Commission in relation to the political donation, the Commission may permit the person who lodged the return to amend the return.".

63New section 221A inserted—Confidential information

After section 221 of the Electoral Act 2002 insert—

"221A   Confidential information

(1)For the purposes of this Part—

(a)the street address (which does not include the suburb and State) of a donor is confidential information; and

(b)the address (including the street, suburb and State) of a silent elector is confidential information.

(2)The regulations may prescribe other information of a type or kind provided to the Commission under this Part to be confidential information.

(3)The Commission must not, directly or indirectly, disclose any information which is prescribed to be confidential information unless the Commission is required to provide the confidential information by law or is otherwise permitted to provide the confidential information in accordance with this Act.".

64Repeal of section 222—Provision of annual returns

Section 222 of the Electoral Act 2002 is repealed.

65New section 222DA inserted—Electronic lodgement of disclosure returns and annual returns

After section 222D of the Electoral Act 2002 insert—

"222DA   Electronic lodgement of disclosure returns and annual returns

(1)The Commission may determine procedures in relation to the lodging of disclosure returns and annual returns.

(2)Procedures under subsection (1) must be published by the Commission on its Internet site.

(3)A disclosure return or an annual return lodged in accordance with procedures determined under subsection (1) is to be taken to have been provided to the Commission in accordance with this Act.".

66New sections 222DB and 222DC inserted

After section 222DA of the Electoral Act 2002 insert—

"222DB   Review to be conducted

(1)The Minister must cause an independent review of the operation of the amendments of this Act made by the Electoral Legislation Amendment Act 2018 (the 2018 amendments) to be conducted by an expert panel appointed under section 222DC.

(2)The review must be completed within 12 months after 25 November 2022.

(3)The review must examine and make recommendations in relation to the following—

(a)whether this Act should be further amended to provide for a cap on political expenditure and if so—

(i)whether the cap should apply generally or to specific persons or entities;

(ii)the value of the cap;

(iii)the consequences of a failure to comply with the cap;

(b)the impact of the 2018 amendments upon third party campaigners, small community groups and not-for-profit entities;

(c)the operation of the disclosure scheme given effect to by the 2018 amendments including, but not limited to, the operation of disclosure returns;

(d)the effectiveness of the 2018 amendments so far as they relate to electronic assisted voting.

(4)The review may examine and make recommendations in relation to contemporary trends and issues in respect of the electoral funding including, but not limited to, the funding of political parties or candidates (however described).

(5)The Minister must cause a copy of a report of the review to be laid before each House of Parliament on or before 10 sitting days after the day on which the review is completed.

(6)If the review recommends that this Act be amended, the Minister must use the Minister's best endeavours to ensure that the Act is amended in accordance with the recommendations before the general election to be held in November 2026.

222DCReview to be conducted by expert panel

(1)The review of the 2018 amendments must be conducted by an expert panel comprised of 3 members appointed by the Minister.

(2)Before appointing the expert panel, the Minister must propose 3 members to the Electoral Matters Committee established under section 5 of the Parliamentary Committees Act 2003, each of whom must have experience in one or more of the following areas—

(a)community advocacy and engagement;

(b)legal and regulatory compliance;

(c)contemporary issues relating to electoral funding.

(3)A proposed member must not be any of the following—

(a)a current employee of a public service body, a public entity or a special body (within the meaning of the Public Administration Act 2004);

(b)a current employee or executive of a registered political party;

(c)the current Electoral Commissioner or an employee or other member of staff of the Commission;

(d)a current or former Member of the Parliament of Victoria.

(4)The Electoral Matters Committee may, within 30 days of receiving advice of 3 proposed members of the expert panel from the Minister, veto one or more of the proposed members.

(5)If the Electoral Matters Committee vetoes one or more of the proposed members, the Electoral Matters Committee must propose 2 alternative member for each vetoed proposed member, each of whom—

(a)must have experience in an area specified in paragraph (2)(a), (b) or (c); and

(b)must not be a person specified in subsection (3).

(6)If the Electoral Matters Committee proposes 2 alternative members for a vetoed proposed member, the Minister must appoint one of the alternative members instead of appointing the proposed vetoed member, unless the alternative member does not satisfy the requirements of subsection (5)(a) and (b), in which case the Minister must ask the Electoral Matters Committee to propose another member.

(7)In conducting the review, the expert panel may inform itself as it sees fit, having regard to appropriate privacy considerations relating to electronic assisted voting.".

Part 6—Amendment of Public Administration Act 2004

67Amendment of section 99—Employment of Parliamentary advisers

(1)For section 99(1) and (2) of the Public Administration Act 2004 substitute—

"(1)Subject to the directions of the Premier in respect of conditions of employment and termination of employment, a person may be employed as a Parliamentary adviser for a term, not exceeding 4 years, specified in the person's contract of employment.

(2)Without limiting the generality of subsection (1), the following are entitled to be provided with one Parliamentary adviser—

(a)each independent elected member of the Parliament of Victoria;

(b)the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has only one elected member.

(2A)Without limiting the generality of subsection (1), the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has more than one elected member but less than 6 elected members, is entitled to be provided with—

(a)2 Parliamentary advisers; and

(b)one Parliamentary adviser for each 2 elected members of the party.

(2B)Without limiting the generality of subsection (1), the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has more than 5 elected members but less than 12 elected members, is entitled to be provided with—

(a)one Parliamentary adviser; and

(b)one Parliamentary adviser for each 2 elected members of the party.

(2C)Without limiting the generality of subsection (1), the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has more than 11 elected members, is entitled to be provided with one Parliamentary adviser for each 2 elected members of the party.

(2D)For the purposes of determining the entitlement under subsections (2), (2A), (2B) and (2C)—

(a)the number of elected members of a party represented in the Parliament of Victoria; and

(b)the number of independent elected members of the Parliament of Victoria—

is to be determined as at the date that the result of the general election at which the members are elected is declared by the Commission under section 121 of the Electoral Act 2002.

(2E)The entitlement determined under subsection (2D) is to be recalculated as at the date that the result of an election, other than a general election, is declared by the Commission under section 121 of the Electoral Act 2002 only in relation to—

(a)the elected member who held the seat that became vacant and resulted in the holding of the election; and

(b)the candidate that is declared elected at the election and is an elected member of a party represented in the Parliament of Victoria or an independent elected member of the Parliament of Victoria.".

(2)After section 99(3) of the Public Administration Act 2004 insert—

"(4)In this section—

candidate has the same meaning as it has in section 3 of the Electoral Act 2002;

elected member has the same meaning as it has in section 206(1) of the Electoral Act 2002;

general election has the same meaning as it has in section 3 of the Electoral Act 2002;

independent elected member has the same meaning as it has in section 207G of the Electoral Act 2002;

party has the same meaning as registered political party has in section 3 of the Electoral Act 2002.".

Part 7—Repeal of amending Act

68Repeal of amending Act

This Act is repealed on 1 July 2019.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 May 2018

Legislative Council: 24 May 2018

The long title for the Bill for this Act was "A Bill for an Act to amend the Electoral Act 2002 and the Public Administration Act 2004 and for other purposes."