Electoral Legislation Amendment (Electoral Reform) Act 2025 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Electoral Legislation Amendment (Electoral Reform) Act 2025 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The day this Act receives the Royal Assent. | 20 February 2025 | |
The day after this Act receives the Royal Assent. | 21 February 2025 | |
1 July 2026. | 1 July 2026 | |
1 July 2026. | 1 July 2026 | |
1 July 2026. | 1 July 2026 | |
1 July 2026. | 1 July 2026 | |
7. Schedule 5, Part 2 | The day after this Act receives the Royal Assent. | 21 February 2025 |
1 July 2026. | 1 July 2026 | |
1 July 2026. | 1 July 2026 | |
1 July 2026. However, the provisions do not commence at all if item 43 of Schedule 1 to this Act commences on or before that day. | Never commenced | |
1 July 2026. However, the provisions do not commence at all if item 44 of Schedule 1 to this Act commences on or before that day. | Never commenced | |
12. Schedule 9, Part 1 | The day after this Act receives the Royal Assent. | 21 February 2025 |
1 July 2026. | 1 July 2026 | |
The day after this Act receives the Royal Assent. | 21 February 2025 | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(1) The Joint Standing Committee on Electoral Matters, or another parliamentary committee determined in writing by the Minister, is to:
(a) review the operation of the amendments made by this Act before the end of 12 months after the first general election that is held after 1 July 2026; and
(b) report the Committee’s comments and recommendations to each House of the Parliament.
(2) A determination under subsection (1) is not a legislative instrument.
Part 1 — Meaning of gift and other miscellaneous amendments
After:
Associated entities are entities that have some kind of connection with registered political parties (such as being controlled by or operating for the benefit of a registered political party).
insert:
The Electoral Commissioner must deregister a person or entity that is registered as a significant third party, or as an associated entity, in certain circumstances.
Omit “subsection (4)”, substitute “subsections (2), (3) and (4)”.
Repeal the subsection, substitute:
Refusing registration
(2) The Electoral Commissioner must refuse to register a person or entity as a significant third party in accordance with the person or entity’s application under section 287K if the person or entity is not required to be so registered under section 287F.
(3) The Electoral Commissioner must refuse to register an entity as an associated entity in accordance with the entity’s application under section 287K if the entity is not required to be so registered under section 287H.
Repeal the heading.
Insert:
Variation of application
Insert:
287LA Deregistration of person or entity as significant third party or associated entity if not required to be registered
Electoral Commissioner may review Transparency Register
(1) The Electoral Commissioner may review the Transparency Register to determine whether:
(a) a person or entity registered as a significant third party under section 287L is required to be registered as a significant third party under section 287F; or
(b) an entity registered as an associated entity under section 287L is required to be registered as an associated entity under section 287H.
(2) The Electoral Commissioner may review the Transparency Register under subsection (1) at any time other than during the period that:
(a) begins on the day a writ for a Senate election or House of Representatives election is issued; and
(b) ends on the day the writ is returned.
Electoral Commissioner may request further information
(3) For the purposes of reviewing the Transparency Register, the Electoral Commissioner may:
(a) give a written notice to the financial controller of a person or entity that is registered as a significant third party under section 287L requesting specified information in relation to the requirements for the person or entity to be registered as a significant third party under section 287F; or
(b) give a written notice to the financial controller of an entity that is registered as an associated entity under section 287L requesting specified information in relation to the requirements for the entity to be registered as an associated entity under section 287H.
(4) The notice must specify a period within which the information must be provided. The period must not be longer than 30 days after the notice is given.
(5) The financial controller must comply with the notice within the specified period. However, the Electoral Commissioner may extend that period.
Note: If a financial controller fails to comply with a notice, an authorised officer can give them a notice under section 314AN (power of authorised officers to obtain information—compliance).
Deregistration
(6) The Electoral Commissioner must deregister a person or entity as a significant third party if:
(a) the person or entity is registered as a significant third party under section 287L and included on the Transparency Register; and
(b) the Electoral Commissioner is satisfied, on reasonable grounds, that the person or entity is not required under section 287F to be registered as a significant third party.
(7) The Electoral Commissioner must deregister an entity as an associated entity if:
(a) the entity is registered as an associated entity under section 287L and included on the Transparency Register; and
(b) the Electoral Commissioner is satisfied, on reasonable grounds, that the entity is not required under section 287H to be registered as an associated entity.
Notice of intended deregistration
(8) Before deregistering a person or entity under subsection (6) or (7), the Electoral Commissioner must give the financial controller of the person or entity written notice of the Electoral Commissioner’s intention to deregister the person or entity.
Review of decisions
(9) Section 141 (review of certain decisions) applies as if:
(a) a decision under this section to deregister a person or entity as a significant third party, or as an associated entity, were a reviewable decision; and
(b) references to a person included references to a significant third party or an associated entity.
7 Application—applications for registration as significant third party or associated entity The amendments of section 287L of the
Commonwealth Electoral Act 1918 made by this Division apply in relation to an application for the registration of a person or entity as a significant third party, or as an associated entity, if the application is made after the commencement of this item.
Repeal the section, substitute:
This Part deals with the funding of registered political parties and candidates. It also deals with gifts and other financial matters relating to political parties, members of the House of Representatives, Senators, candidates, significant third parties, associated entities, nominated entities and third parties.
Registered political parties and candidates must have agents. Significant third parties, associated entities and nominated entities must nominate financial controllers. Many of the obligations in this Part are imposed on those agents and financial controllers. In some cases, obligations are imposed on registered officers of registered political parties.
Registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties must have federal accounts to be used for paying for electoral expenditure or for crediting gifts of money.
Registered political parties and candidates may be entitled to election funding. The election funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election. The regulations may provide for payments of an advance on election funding in limited circumstances (broadly, where a registered political party or candidate was entitled to election funding in the most recent election).
Administrative assistance funding may be payable to registered political parties and independent members for quarters in a calendar year.
Broadly, political entities and other entities called “capped expenditure entities” (these are significant third parties, associated entities, nominated entities and third parties) must not incur electoral expenditure above specified caps each calendar year. The caps apply to electoral expenditure generally, and also to electoral expenditure targeted to particular Divisions, States or Territories.
There are also caps that apply in by‑election and Senate‑only election periods to electoral expenditure on the Division or on the State or Territory to which the election relates.
The caps are indexed each year.
Generally, gifts of at least $1,000 to members of the House of Representatives, Senators, political entities (who are registered political parties and candidates) and significant third parties must not be made by foreign donors (that is, persons who, broadly, do not have a connection to Australia).
Broadly, gifts must not be made to a member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor for the purpose of incurring electoral expenditure or creating or communicating electoral matter.
Gifts to these persons or entities by other donors that are made for a federal purpose are subject to a cap. Gifts (other than gifts made for the purposes of a by‑election or a Senate‑only election) are subject to an annual cap for a calendar year. Gifts made for the purposes of a by‑election or a Senate‑only election are subject to a separate cap during the election period for the election. Gifts may be aggregated with other gifts made by the same donor to related persons or entities if the gifts are made in the same calendar year, or for the purposes of the same by‑election or Senate‑only election.
In addition, gifts made for a federal purpose by the same person or entity to unendorsed candidates in the same State or Territory are also subject to a cap.
There are obligations to disclose certain gifts made to:
(a) candidates; and
(b) members of the House of Representatives, Senators, registered political parties, State branches, significant third parties, associated entities, nominated entities and third parties.
Each calendar year, registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties are required to disclose details relating to amounts received or paid or incurred by the parties, candidates, members, Senators, persons or entities during the year.
Insert:
commercial interest rate , in relation to a loan, means a rate of interest per annum that is at least 1.5 percentage points above:
(a) the cash rate target published by the Reserve Bank of Australia that is in effect on the day the loan is made; or
(b) if the Reserve Bank no longer publishes an interest rate called the cash rate target—the interest rate published by the Reserve Bank that is substantively the same as the cash rate target and is in effect on the day the loan is made.
Note: The cash rate target published by the Reserve Bank is commonly referred to as the cash rate. For details of the cash rate target and other interest rates published by the Reserve Bank, see member of an expenditure group has the meaning given by paragraph 302ALF(1)(a).
10 Subsection 287(1) (definition of disclosure threshold ) Repeal the definition (including the note), substitute:
disclosure threshold means $5,000.Note: The amount of $5,000 is indexed under section 321AA.
11 Subsection 287(1) Insert:
expenditure group has the meaning given by subsection 302ALF(1).
financial institution means:
(a) an ADI (within the meaning of the
Banking Act 1959 ); or(b) a bank; or
(c) a building society; or
(d) a credit union.
Note: ADI is short for authorised deposit‑taking institution.
12 Subsection 287(1) (definition of gift ) Repeal the definition, substitute:
gift has the meaning given by section 287AAB.
13 Subsection 287(1) Insert:
peak representative body means an entity in respect of which the following conditions are satisfied:
(a) the majority of the entity’s income is payments made by the members, branches or affiliates (however described) of the entity;
(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:
(i) an officeholder of the entity who is a non‑financial member, branch or affiliate of the entity; or
(ii) a person who is a non‑financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or
(iii) an honorary non‑financial member, branch or affiliate of the entity;
(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;
(d) the majority of the entity’s income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;
(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.
Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.
Senate‑only election means a Senate election not held concurrently with a general election.
14 Subsection 287(1) (definition of third party ) Repeal the definition, substitute:
third party : a person or entity (except a political entity, a member of the House of Representatives or a Senator) is a third party at a time during a calendar year if:
(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during the year as at that time is more than the third party threshold; and
(b) at that time in the year, the person or entity:
(i) is not required to be registered as a significant third party under section 287F or as an associated entity under section 287H for the year; and
(ii) is not so registered under section 287L; and
(c) the person or entity is not a nominated entity at that time in the year.
Note: See also subsections (8) and (8A) to (8D) and section 287C (entities that have branches or are not incorporated).
15 Subsection 287(1) Insert:
third party threshold means $20,000.Note: The amount of $20,000 is indexed under section 321A.
16 After subsection 287(8) Insert:
Entities that are both a significant third party and an associated entity
(8A) If, at a time, an entity is registered as both:
(a) a significant third party; and
(b) an associated entity;
then the entity is, for the purposes of this Part, to be treated at that time as if it were only an associated entity.
Branches of associated entities
(8B) An associated entity that has a branch that is also an associated entity is, for the purposes of this Part, to be treated as a separate associated entity from the branch.
Associated entity that is a body corporate that is related to another body corporate
(8C) If an associated entity is a body corporate that is related to another body corporate, then, despite subsection (6), the associated entity is, for the purposes of this Part, to be treated as a separate person from the other body corporate.
Significant third party or third party that has a branch that is an associated entity
(8D) If a significant third party or a third party has a branch that is an associated entity, then, despite subsection (8), the branch is, for the purposes of this Part, to be treated as separate from the significant third party or third party.
17 Subsection 287(9) Repeal the subsection, substitute:
When a person is a candidate
(9) For the purposes of this Part, a person:
(a) begins to be a candidate in an election on the earliest of the following days:
(i) the day the person announced that the person would be a candidate in the election;
(ii) the day the person nominated as a candidate in the election;
(iii) the day the person receives a gift for a federal purpose in relation to the person’s campaign as a candidate that exceeds the disclosure threshold;
(iv) the day that the total amount or value of all gifts for a federal purpose received by the person in relation to the person’s campaign as a candidate, from the same person or entity, exceeds the disclosure threshold;
(v) the day the person incurs electoral expenditure for the purposes of the person’s campaign as a candidate that exceeds the disclosure threshold; and
(b) ceases to be a candidate in an election at the end of 7 days after the polling day in the election.
Note 1: A person may, for example, begin to be a candidate when the person receives a gift as described in subparagraph (a)(iii) of this subsection, regardless of whether the person has announced the person would be a candidate, or the person nominated as a candidate, in an election.
Note 2: Candidates have certain obligations under this Part in relation to, for example, the expedited disclosure of gifts, the keeping of a federal account and the submission of annual returns (see Division 5). Gifts to candidates may be subject to a gift cap (see Division 3A), and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB).
18 After section 287AA Insert:
287AAB Meaning of gift
(1) A
gift means any disposition of property made by a person or entity to another person or entity, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service for no consideration or for inadequate consideration.Note: For
disposition of property , see subsection 287(1).(2) In addition, a
gift includes the following:
(a) an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function that forms part of the net proceeds of the venture or function (see also section 302CH);
(b) uncharged interest on a loan to a person or entity, being the additional amount that would have been payable by the person or entity if:
(i) the loan had been made on terms requiring the payment of interest at a commercial interest rate; and
(ii) any interest payable had not been waived; and
(iii) any interest payments were not capitalised.
(3) Subject to subsection (4), a
gift does not include the following:
(a) a subscription paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person or entity in respect of the person or entity’s membership of the party, branch or division;
(b) a subscription paid to an associated entity by a person or entity in respect of the person or entity’s membership of the associated entity;
(c) an amount paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person or entity in respect of the person or entity’s affiliation with the party, branch or division;
(d) an amount paid to an associated entity by a person or entity in respect of the person or entity’s affiliation with the associated entity;
(e) an amount paid by a political party to another political party, if:
(i) the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and
(ii) the other is a federal branch;
(f) an annual levy paid to a registered political party or a State branch of a political party by:
(i) a person elected as a member of the House of Representatives or as a Senator; or
(ii) a member of staff of a person elected as a member of the House of Representatives or as a Senator; or
(iii) an employee or elected official of the political party;
(g) a disposition of property (including the provision of a service) made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;
Note: See subsection (3A) for an exception to paragraph (g).
(ga) a loan made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;
(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;
(h) a disposition of property (including the provision of a service) made by:
(i) a State branch of an associated entity to another State branch of the associated entity; or
(ii) a State branch of an associated entity to a federal branch of the associated entity (or vice versa);
(i) a payment under Division 3 (election funding) or Division 3AA (administrative assistance funding);
(j) a grant of financial assistance made by the Commonwealth;
(k) any visit, experience or activity provided for the purposes of a political exchange program;
(l) the provision of labour by a person acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses);
(m) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between:
(i) core members of a registered political party’s expenditure group; or
(ii) an associated entity and any branch of the associated entity; or
(iii) an associated entity and core members of a registered political party’s expenditure group, if the core members of the group include a registered political party with which the entity is associated;
(n) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between 2 political parties if:
(i) the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and
(ii) the other is a federal branch;
(o) the provision, by an associated entity, of office accommodation, an asset or a piece of equipment for the purposes of a campaign in an election, to a core member of a registered political party’s expenditure group, if the core members of the group include a registered political party with which the entity is associated;
(p) the provision, by a political party to another political party, of office accommodation, an asset or a piece of equipment for the purposes of a campaign in an election, if:
(i) the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and
(ii) the other is a federal branch;
(q) a bequest;
(r) except as provided by paragraph (2)(b):
(i) a loan made by a financial institution; or
(ii) a loan made by a person or entity at a commercial interest rate;
(s) electoral expenditure incurred by a person or entity for the benefit of another person or entity;
(t) an amount of salary or allowance paid to a member of the Parliament, or a member of the staff of a member of the Parliament, including an amount of salary, remuneration, allowance or expenses payable under:
(i) the Constitution; or
(ii) the
Parliamentary Business Resources Act 2017 ; or(iii) an agreement for employment or engagement referred to in the
Members of Parliament (Staff) Act 1984 ;(u) a gift made to a person who is a candidate, a member of the House of Representatives or a Senator if:
(i) the gift is made in a private capacity to the person for the person’s personal use; and
(ii) the person has not used, and does not intend to use, the gift solely or substantially for a purpose related to an election or a by‑election;
(v) a gift to a person or entity for a State or Territory electoral purpose that is not paid into a federal account;
(w) a gift received by, or on behalf of, a person or entity registered under the
Australian Charities and Not‑for‑profits Commission Act 2012 if:
(i) the gift was not made for a federal purpose; and
(ii) the gift was not made for the purpose of reimbursing the person or entity for incurring electoral expenditure or for creating or communicating electoral matter;
(x) an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function that does not form part of the net proceeds of the venture or function.
Note 1: For
State or Territory electoral purpose , see subsection 287(1).Note 2: There are restrictions regarding the receipt of certain loans (see section 306A).
(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party’s expenditure group to another core member of the expenditure group is a
gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).
(4) Each of the following that is credited to a federal account by a financial controller in relation to a significant third party or an associated entity, or by a third party (including a peak representative body), is a
gift :
(a) a subscription paid to the significant third party, associated entity or third party by a person or entity in respect of the person or entity’s membership of the significant third party, associated entity or third party;
(b) an amount paid to the significant third party, associated entity or third party by a person or entity in respect of the person or entity’s affiliation with the significant third party, associated entity or third party;
(c) an annual levy paid to the significant third party, associated entity or third party by an elected official or employee of the significant third party, associated entity or third party.
Note: Unless this subsection applies, an amount that is covered by paragraph (3)(b) or (d) is not a gift. These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).
Repeal the subsection (not including the notes), substitute:
Dominant purpose of creating or communicating electoral matter
(1) Expenditure is
electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.
Omit “In addition, any expenditure incurred by or with the authority of a political entity, a person or entity”, substitute “Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity”.
Omit “a member of the House of Representatives or a Senator in relation to an election is
electoral expenditure , except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister”, substitute “iselectoral expenditure to the extent that it is in relation to an election”.
Add:
Note:
Election means an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).
Insert:
Specific electoral expenditure
(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is
electoral expenditure to the extent that it is in relation to an election and also any of the following:
(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how‑to‑vote cards or any other form;
(b) expenditure on the production and distribution of electoral matter;
(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;
(d) expenditure incurred in employing staff engaged in an election campaign;
(e) expenditure incurred for office accommodation for any such staff and candidates;
(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;
(g) expenditure on research associated with an election campaign (other than in‑house research);
(h) expenditure incurred in raising funds for an election;
(i) expenditure of a kind prescribed by the regulations.
Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.
Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).
Note 3: A candidate’s staff includes any volunteers.
Expenditure that is not electoral expenditure
(3B) Despite anything else in this section, expenditure is not
electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.(3C) Despite anything else in this section, expenditure is not
electoral expenditure to the extent that it is incurred by a person or entity (theservice provider ):
(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or
(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.
Add:
(4) Despite anything else in this section, none of the following is
electoral expenditure :
(a) expenditure that is a gift to which Subdivision AA of Division 3A applies;
(b) a disposition of property made by a member of a registered political party’s expenditure group to another member of the expenditure group;
(c) a disposition of property made by a political party to a political party to which it is related within the meaning of subsection 123(2);
(ca) expenditure to the extent that it is administrative expenditure;
(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;
(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));
(d) expenditure of a kind prescribed by the regulations.
Insert:
287AD This Part does not have effect of making internal documents of political party enforceable in an Australian court To avoid doubt, nothing in this Part has the effect of making the constitution, rules, resolutions or other internal documents or decisions (however described) of a political party, in and of themselves, enforceable in an Australian court.
Omit “financial year” (first occurring), substitute “calendar year”.
Omit “financial years”, substitute “calendar years”.
Repeal the subparagraph, substitute:
(i) during that calendar year is more than the third party threshold; and
Omit “financial year”, substitute “calendar year”.
Omit “financial year”, substitute “calendar year”.
Omit “at least equal to the disclosure threshold”, substitute “more than the third party threshold”.
Omit “financial year” (wherever occurring), substitute “calendar year”.
Omit “financial year” (wherever occurring), substitute “calendar year”.
Omit “financial year”, substitute “calendar year”.
Omit “entity;”, substitute “entity.”.
Repeal the paragraph (including the note).
Omit “financial year” (wherever occurring), substitute “calendar year”.
Repeal the subsections.
Omit “financial year” (first occurring), substitute “calendar year”.
Omit “
current financial year ”, substitute “current calendar year ”.
Omit “financial year”, substitute “calendar year”.
Omit “financial year”, substitute “calendar year”.
Omit “financial year” (wherever occurring), substitute “calendar year”.
Omit “, and any disclosure entity referred to in paragraph 287H(1)(g),”.
Omit “, and any disclosure entities referred to in paragraph 287H(1)(g),”.
Repeal the section, substitute:
This Division regulates gifts that are made to members of the House of Representatives, Senators, registered political parties, candidates, significant third parties, associated entities, nominated entities and third parties.
Gifts to these persons and entities that are made for a federal purpose are subject to a cap. Gifts (other than gifts made for the purposes of a by‑election or a Senate‑only election) are subject to an annual cap for a calendar year. Gifts made for the purposes of a by‑election or a Senate‑only election are subject to a separate cap during the election period for the election. Gifts may be aggregated with other gifts made by the same donor to related persons or entities if the gifts are made in the same calendar year, or for the purposes of the same by‑election or Senate‑only election.
Separately, gifts made for a federal purpose by the same person or entity are subject to the overall gift cap, and any such gifts made to recipients related to a particular State or Territory are subject to the State and Territory gift cap.
Gifts of at least $1,000 to members of the House of Representatives, Senators, political entities (broadly, registered political parties and candidates), significant third parties, associated entities or nominated entities must not be made by foreign donors. A foreign donor is a person who does not have a connection to Australia, such as a person who is not an Australian citizen or an entity that does not have a significant business presence in Australia.
Broadly, gifts must not be made to a member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor for the purpose of incurring electoral expenditure or creating or communicating electoral matter.
Anti‑avoidance provisions apply to strengthen these requirements (see Subdivision C of Division 5C of this Part).
A person or entity may commit an offence or be liable to a civil penalty if the person or entity contravenes these requirements. There are some exceptions, such as when a gift is made in a personal capacity.
Add:
Extended meaning of gift
(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
Repeal the subsection.
Repeal the subsection.
Insert:
(9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
45 Subsection 3(1) (definition of referendum entity ) Omit “disclosure threshold”, substitute “third party threshold”.
Insert:
third party threshold has the meaning given by Part XX of theCommonwealth Electoral Act 1918 .
(1) To avoid doubt, the repeal of paragraph 287H(1)(g) of the
Commonwealth Electoral Act 1918 made by Division 2 of this Part has effect in relation to an entity on and from the day the repeal commences, regardless of whether the entity was registered as an associated entity before that day.(2) Subitem (1) is subject to any rules made by the Minister under Schedule 11 to this Act that affect the application of items of this Act.
Insert:
nominated entity means an entity registered as the nominated entity of a registered political party under section 287MC.
49 Subsection 287(1) (paragraph (b) of the definition of regulated entity ) Omit “or an associated entity”, substitute “, an associated entity or a nominated entity”.
Omit “or an associated entity”, substitute “, an associated entity or a nominated entity”.
Omit “
and associated entities ”, substitute “, associated entities and nominated entities, ”.
After:
A significant third party or associated entity must be registered as such under this Division. A person or entity may be liable to a civil penalty if the person or entity incurs electoral expenditure without being appropriately registered.
insert:
Certain entities that are incorporated in Australia may be registered as the nominated entity of a registered political party. Any exchanges between a registered political party and an entity registered as the nominated entity of the party are not gifts (see paragraph 287AAB(3)(g)).
Insert:
Subdivision BA — Registration as the nominated entity of a registered political party
287MA Application for registration as the nominated entity of a registered political party
(1) A registered political party may apply to the Electoral Commissioner to register an entity (except a political entity) as the nominated entity of the party.
(2) The application must:
(a) be in an approved form; and
(b) without limiting paragraph (a):
(i) state the name of the financial controller nominated for the entity; and
(ii) include the entity’s consent to being registered as the nominated entity of the party, as mentioned in subsection (3); and
(iii) include any other information required by the regulations.
Note: For the nomination of a financial controller for the entity, see section 292E.
Consent to registration
(3) An entity (except a political entity) may give consent in an approved form to being registered as the nominated entity of a registered political party.
287MB Eligibility for registration as the nominated entity of a registered political party
Requirements for registration
(1) An entity is eligible to be registered as the nominated entity of a registered political party if:
(a) the entity is incorporated in Australia; and
(b) the entity has its head office and principal place of activity in Australia; and
(c) the entity operates wholly, or to a significant extent, for the benefit of one or more registered political parties including the registered political party; and
(d) the entity is not a political entity; and
(e) the entity has given consent in accordance with subsection 287MA(3) to being registered as the nominated entity of the party; and
(f) no other entity is registered as the nominated entity of the party; and
(g) the entity is not registered as the nominated entity of any other registered political party.
Note: A registered political party cannot have more than one entity registered as its nominated entity and that entity cannot be registered as the nominated entity of more than one registered political party (see paragraphs (f) and (g)).
Entities that are also associated entities
(2) An entity may be registered both as an associated entity and a nominated entity.
Note: The effect of paragraph (1)(c) of this section and paragraph 287H(1)(b) is that all nominated entities are required to be registered as associated entities.
287MC Decision on application for registration as the nominated entity of a registered political party
Decision on application
(1) If an application is made under section 287MA to register an entity as the nominated entity of a registered political party, the Electoral Commissioner must register the entity accordingly if the application complies with subsection 287MA(2).
(2) Despite subsection (1) of this section, the Commissioner must refuse to register the entity as the nominated entity of the party if the Commissioner is satisfied that:
(a) the entity is not eligible to be so registered (see subsection 287MB(1)); or
(b) the Electoral Commission would be required to refuse registration under subsection 129(1) (except paragraph 129(1)(a)) assuming that:
(i) the entity were applying to be registered as a political party; and
(ii) a reference in subsection 129(1) to “the party” were a reference to the entity; and
(iii) both the registered political party (the
applicant party ) that made the application under section 287MA and any other political party related to the applicant party were related to the entity; or(c) the Electoral Commission would be required to refuse registration under subsection 129(3) (except subparagraph 129(3)(a)(ii)) assuming that:
(i) the entity were applying to be registered as a political party; and
(ii) a reference in subsection 129(3) to “the applicant party” or “the applicant party’s” were a reference to the entity.
(3) The Commissioner must make a decision under this section as soon as practicable after receiving the application.
Notice of decision
(4) The Commissioner must, as soon as practicable after making a decision under this section, give written notice of the decision to the party and the entity.
(5) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.
Review of decisions
(6) Section 141 (review of certain decisions) applies in relation to a decision under this section to refuse to register an entity as the nominated entity of a registered political party as if:
(a) the decision were a reviewable decision; and
(b) a reference to a person included a reference to the party and the entity; and
(c) a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and
(d) a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and
(e) a reference to a written notice given under Part XI in relation to a reviewable decision included a reference to a written notice given under this section in relation to a decision to refuse registration.
287MD Cancellation of registration as the nominated entity of a registered political party on application
(1) If an entity is registered under section 287MC as the nominated entity of a registered political party, the entity or the party may apply to the Electoral Commissioner to cancel the registration.
(2) On receiving an application under subsection (1), the Commissioner must cancel the registration of the entity as the nominated entity of the party.
(3) The Commissioner must, as soon as practicable after cancelling the registration, give written notice of the cancellation to both the party and the entity.
(4) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.
287ME Commissioner must cancel registration in certain circumstances
When Commissioner must cancel registration
(1) The Electoral Commissioner must cancel the registration of an entity as the nominated entity of a registered political party if the Commissioner is satisfied that:
(a) the party is no longer a registered political party; or
(b) the entity has ceased to be eligible for such registration under paragraph 287MB(1)(a), (b), (c), or (d); or
(c) the agent of the party, or the financial controller of the entity, have been convicted of an offence under this Part.
Notice of cancellation
(2) The Commissioner must, as soon as practicable after cancelling the registration of an entity as the nominated entity of a registered political party under subsection (1), give written notice of the cancellation to both the entity and the party.
(3) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.
Review of decisions
(4) Section 141 (review of certain decisions) applies in relation to a decision under this section to cancel the registration of an entity as the nominated entity of a registered political party as if:
(a) the decision were a reviewable decision; and
(b) a reference to a person included a reference to the party and the entity; and
(c) a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and
(d) a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and
(e) a reference to a written notice given under Part XI in relation to a reviewable decision included a reference to a written notice given under this section in relation to a decision to cancel registration.
287MF Transparency Register to determine period of registration as nominated entity The registration of an entity as the nominated entity of a registered political party:
(a) comes into force when the Electoral Commissioner records the registration in the Transparency Register under section 287N; and
(b) ceases to be in force when the Commissioner removes that record of the registration in the Transparency Register under section 287N.
Insert:
(iia) each entity registered as the nominated entity of a registered political party under section 287MC; and
Omit “and associated entities”, substitute “, associated entities and nominated entities”.
Insert:
(ca) for each nominated entity—the name of the registered political party for which the entity is registered as the nominated entity; and
Omit “Significant third parties and associated entities must nominate”, substitute “Significant third parties, associated entities and nominated entities must nominate”.
Omit “significant third parties and associated entities is kept”, substitute “significant third parties, associated entities and nominated entities is kept”.
Omit “
and associated entities ”, substitute “, associated entities and nominated entities ”.
Omit “and associated entity”, substitute “, associated entity and nominated entity”.
Repeal the subparagraph, substitute:
(iii) for a nomination of a financial controller of a significant third party, associated entity or nominated entity—by the party or entity nominating the financial controller;
Omit “or associated entity”, substitute “, associated entity or nominated entity”.
Omit “
and associated entities ”, substitute “, associated entities and nominated entities ”.
Omit “or an associated entity”, substitute “, an associated entity or a nominated entity”.
Omit “or associated entity”, substitute “, associated entity or nominated entity”.
Omit “or an associated entity”, substitute “, an associated entity or a nominated entity”.
After “associated entity”, insert “, nominated entity”.
Insert:
(iib) a nominated entity; or
Omit “or associated entity”, substitute “, associated entity or nominated entity”.
70 Section 321B (after paragraph (b) of the definition of disclosure entity ) Insert:
(ba) a nominated entity (within the meaning of Part XX);
Omit “furnish a return under subsection 305A(1) or (1A) in relation to that election”, substitute “give a notice under section 303E in relation to a gift given to a candidate in that election”.
Insert:
donation disclosure notice means a notice under subsection 303A(1), 303E(1) or 303L(1).
3 Subsection 287(1) (at the end of the definition of election ) Add:
Note: For the meaning of
election when used in Division 4 of this Part, see section 303.
Repeal the sections, substitute:
A donation disclosure notice must be given to the Electoral Commission if certain kinds of gifts are received by any of the following:
(a) members of the House of Representatives and Senators;
(b) candidates in elections or by‑elections;
(c) registered political parties;
(d) State branches of registered political parties;
(e) significant third parties, associated entities, third parties and nominated entities.
The kinds of gifts that must be disclosed are:
(a) gifts made for a federal purpose; or
(b) certain other gifts;
where the amount or value of the gift is over the disclosure threshold. A notice must also be given if the total amount or value of all gifts received from the same person or entity in a calendar year is over the disclosure threshold.
Subdivision B sets out when the recipient of a gift made for a federal purpose must give a donation disclosure notice to the Electoral Commission.
Subdivision C sets out when the donor of a gift made for a federal purpose must give a donation disclosure notice to the Electoral Commission.
Subdivision D requires the Electoral Commissioner to publish some of the information about gifts made for a federal purpose in a donation disclosure notice on the Transparency Register.
Subdivision E sets out when a recipient of certain other gifts must give a donation disclosure notice to the Electoral Commission.
Subdivision F requires the Electoral Commissioner to publish some of the information about those other gifts in a donation disclosure notice on the Transparency Register.
Subdivision G deals with limitations on loans made to political parties, State branches, significant third parties or candidates that are more than the disclosure threshold.
Subdivision G also provides that gifts of more than the disclosure threshold to a political party, State branch, significant third party or candidate by a corporation that is wound up within a year of making the gift may be recovered from the recipient of the gift.
In this Division:
acceptable action has the same meaning as in Division 3A.
by‑election means an election of a member of the House of Representatives that is not part of a general election.
election means a general election or an election of Senators for a State or Territory.Note:
Election includes aSenate‑only election (see the definition of that term in subsection 287(1)).
election period , in relation to an election or by‑election, means the period commencing on the day of issue of the writ for the election or by‑election and ending at the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election or by‑election.
expedited notice period , in relation to an election or by‑election, means the period:
(a) beginning on the Saturday that immediately precedes the polling day for the election or by‑election; and
(b) ending at the end of the seventh day after that polling day.
polling day , in relation to an election or by‑election, means the day fixed for polling in the election or by‑election.
Subdivision B — Disclosure of donations by recipients of gifts made for a federal purpose
(1) If a person or entity (the
recipient ) covered by column 1 of an item of the table at the end of this subsection receives a gift (therelevant gift ), the person or entity covered by column 2 of the item (theresponsible person for the recipient) must, in accordance with this section, give the Electoral Commission a written notice in relation to the relevant gift, if:
(a) the relevant gift is made to the recipient for a federal purpose; and
(b) either or both of the following apply:
(i) the amount or value of the relevant gift is more than the disclosure threshold;
(ii) the total amount or value of all gifts received by the recipient, during the calendar year in which the relevant gift is received, from the person or entity who made the relevant gift is more than the disclosure threshold.
Note 1: The notice must be given before the end of the period worked out in accordance with the table in subsection (2).
Note 2: For the meaning of
federal purpose , see subsection 287(1).Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.
1 | A member of the House of Representatives or a Senator | Whichever of the following applies:
(b) otherwise—the member or Senator |
2 | A candidate in an election or by‑election | Whichever of the following applies:
(b) otherwise—the agent of the candidate |
3 | A registered political party | The registered officer of the registered political party |
4 | A State branch of a registered political party | Whichever of the following applies: (a) the registered officer of the State branch;
|
5 | A person or entity that, at the time the relevant gift is received, is registered as a significant third party, an associated entity or a nominated entity | The financial controller of the person or entity |
6 | A person or entity that, at the time the relevant gift is received, is a third party | The third party |
Note: For the purposes of table item 2, the agent of a candidate in an election or by‑election is either the candidate or a person appointed by the candidate (see section 289).
Period for giving notice
(2) The notice in relation to the relevant gift must be given to the Electoral Commission before the end of the period worked out in accordance with the following table:
1 | A member of the House of Representatives or a Senator |
|
2 | A candidate in an election or by‑election |
|
3 | A registered political party |
|
4 | A State branch of a registered political party |
|
5 | A person or entity that, at the time the relevant gift is received is: (a) either:
| |
|
| |
6 | A person or entity that, at the time the relevant gift is received is: (a) either:
| The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (8)) |
Note: Subsection 36(2) of the
Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303C of this Act).
Other requirements for notice
(3) The notice under subsection (1) must:
(a) be in the approved form; and
(b) set out the details required by section 303B (content of donation disclosure notices).
Notice on behalf of members and Senators who are not members of a registered political party
(4) A member of the House of Representatives or a Senator who is not a member of a registered political party is taken to have given a notice under subsection (1) in relation to a gift if the member or Senator causes another person to give the notice on behalf of the member or Senator.
Example: Assume Emma is a Senator who is not a member of a registered political party. Emma receives a gift where the amount of the gift is more than the disclosure threshold. An agent is able to give the notice under subsection (1) on behalf of Emma.
Bulk donation disclosure notices for registered political parties
(5) For the purposes of subsection (1), the responsible person for a registered political party or a State branch of a registered political party may give a single donation disclosure notice (a
bulk donation disclosure notice ) in relation to more than one gift received by the registered political party or the State branch.(6) The bulk donation disclosure notice must set out the details mentioned in section 303B in relation to each gift to which the bulk donation disclosure notice relates.
Gifts received close to the start of an election period—recipient other than registered charity
(7) Despite subsection (2), if:
(a) a recipient (other than a recipient covered by column 1 of item 6 of the table in subsection (2)) receives a gift before the start of the election period in relation to:
(i) an election; or
(ii) if the recipient is covered by subsection (9) in relation to the by‑election—a by‑election; and
(b) at the time the election period starts, the responsible person for the recipient has not given the Electoral Commission a notice under subsection (1) in relation to the gift;
then the responsible person must give the Electoral Commission the notice on or before the end of the earlier of the following days:
(c) the 21st day of the calendar month that immediately follows the calendar month in which the gift is received;
(d) the day before the day that is 12 days before polling day for the election or by‑election (as the case requires).
Gifts received by registered charity during an election period
(8) Despite subsection (2), if a recipient covered by column 1 of item 6 of the table in subsection (2) receives a gift:
(a) after the start of the election period in relation to:
(i) an election; or
(ii) if the recipient is covered by subsection (9) in relation to the gift—a by‑election; and
(b) before the Thursday that immediately precedes the polling day for the election or by‑election;
then the responsible person for the recipient must give the Electoral Commission the notice on or before the earlier of the following days:
(c) the 21st day of the calendar month that immediately follows the calendar month in which the gift is received;
(d) the Thursday mentioned in paragraph (b).
(9) A recipient is covered by this subsection in relation to a by‑election if:
(a) the recipient is a candidate in the by‑election; or
(b) the recipient is a registered political party, and a candidate in the by‑election is endorsed by the recipient; or
(c) the recipient is a significant third party, an associated entity, a third party, a nominated entity or a State branch of a registered political party, and the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election.
Special provision if recipient is more than one kind of person or entity
(10) Despite subsection (1), a person or entity is not required to give a notice under that subsection in relation to a gift if:
(a) the recipient of the gift is covered by column 2 of more than one item in the table in that subsection; and
(b) a person or entity covered by column 1 of any one of those items has already given a notice under that subsection in relation to the gift.
303B Content of donation disclosure notices given by recipients A donation disclosure notice given under section 303A in relation to a gift must set out the following details:
(a) the name of the recipient;
(b) the amount or value of the gift;
(c) the date on which the gift was received;
(d) if the gift was made during the election period for a by‑election or a Senate‑only election and was for the purposes of the by‑election or the Senate‑only election—the name of the Division or the State or Territory (as applicable) to which the election relates;
(e) if the person or entity who made the gift (the
donor ) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association;
(f) if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund or of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;
(g) if the donor is not covered by paragraph (e) or (f)—the name and address of the donor;
(h) if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift is received is more than the disclosure threshold—the total amount or value of all gifts so far received by the recipient from the donor during the calendar year;
(i) if the recipient is a candidate in an election or by‑election, a registered political party or a State branch of a registered political party—the name of the responsible person for the recipient;
(j) if the recipient is a candidate in an election or by‑election, a member of the House of Representatives or a Senator—the registered political party (if any) that the recipient is related to (within the meaning of subsections 302BA(4) and (5));
(k) if the recipient is a person or entity that is registered as a significant third party, an associated entity or a nominated entity at the time the gift is received—the name of the financial controller in relation to the person or entity;
(l) if the person giving the donation disclosure notice to the Electoral Commission is not the recipient—the name of the person.
Note 1: A failure to include these details in a donation disclosure notice may contravene a civil penalty provision (see section 303A).
Note 2: A donation disclosure notice may be amended after it has been given to the Electoral Commission (see section 319A).
Subsection 36(2) of the
Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.
Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection 303A(1).
Subdivision C — Disclosure of donations by donors of gifts made for a federal purpose
(1) A person or entity (the
donor ) must, in accordance with this section, give the Electoral Commission a written notice in relation to a gift (therelevant gift ) if:
(a) the relevant gift is made by the donor to a person or entity (the
recipient ) covered by an item in the table at the end of this subsection; and(b) the relevant gift is made to the recipient for a federal purpose; and
(c) either or both of the following apply:
(i) the amount or value of the relevant gift is more than the disclosure threshold;
(ii) the total amount or value of all gifts made to the recipient by the donor during the calendar year in which the relevant gift is made is more than the disclosure threshold.
Note 1: The notice must be given before the end of the period worked out in accordance with subsection (2).
Note 2: For the meaning of
federal purpose , see subsection 287(1).Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.
1 | A member of the House of Representatives or a Senator |
2 | A candidate in an election or by‑election |
3 | A registered political party |
4 | A State branch of a registered political party |
5 | A person or entity that, at the time the relevant gift is made, is registered as: (a) a significant third party; or (b) an associated entity; or (c) a nominated entity |
6 | A person or entity that, at the time the relevant gift is made, is a third party |
Period for giving notice
(2) The notice in relation to the relevant gift must be given to the Electoral Commission before the end of the period worked out in accordance with the following table:
1 | A member of the House of Representatives or a Senator |
|
2 | A candidate in an election or by‑election |
|
3 | A registered political party |
|
4 | A State branch of a registered political party |
|
5 | A person or entity that, at the time the relevant gift is made is: (a) either:
|
|
6 | A person or entity that, at the time the relevant gift is made is: (a) either:
| The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
Note: Subsection 36(2) of the
Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303G of this Act).
Requirements for notice
(3) The notice under subsection (1) must:
(a) be in the approved form; and
(b) set out the details required by subsection 303F(1) (content of donation disclosure notices).
303F Content of donation disclosure notices given by donors
(1) A donation disclosure notice given under section 303E in relation to a gift must set out the following details:
(a) if the person or entity who made the gift (the
donor ) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association;
(b) if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund or of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;
(c) if the donor is not covered by paragraph (a) or (b)—the name and address of the donor;
(d) the name of the person or entity (the
recipient ) to whom the donor made the gift;(e) the amount or value of the gift;
(f) the date on which the gift was made;
(g) if the gift was made during the election period for a by‑election or a Senate‑only election and was for the purposes of the by‑election or the Senate‑only election—the name of the Division or the State or Territory (as applicable) to which the election relates;
(h) if the total amount or value of all gifts made by the donor to the recipient during the calendar year in which the gift is made is more than the disclosure threshold—the total amount or value of all gifts so far made by the donor to the recipient during the calendar year;
(i) the relevant details set out in subsection (2) of this section of any other gift (an
earlier gift ) received by the donor at any time if:
(i) the earlier gift was used wholly or partly to enable the donor to make the gift, or reimburse the donor for the gift, to which the donation disclosure notice relates; and
(ii) the amount or value of the earlier gift is more than the disclosure threshold.
Note 1: A failure to include these details in a donation disclosure notice may contravene a civil penalty provision (see section 303E).
Note 2: A donation disclosure notice may be amended after it has been given to the Electoral Commission (see section 319A).
(2) For the purposes of paragraph (1)(i), the relevant details of the earlier gift are:
(a) the amount or value of the earlier gift; and
(b) the date on which the earlier gift was made; and
(c) in the case of an earlier gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation:
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association; and
(d) in the case of an earlier gift purportedly made out of a trust fund or out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund or of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires; and
(e) if the person or entity who made the earlier gift is not covered by paragraph (c) or (d) of this subsection—the name and address of the person or entity.
Subsection 36(2) of the
Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.
Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection 303E(1) of this Act.
Subdivision D — Publication of information about gifts made for a federal purpose
303J Electoral Commissioner must publish information
(1) The Electoral Commissioner must publish on the Transparency Register the following information contained in a donation disclosure notice under subsection 303A(1) or 303E(1) in relation to a gift:
(a) the name of the person or entity (the
recipient ) that received the gift;(b) the name of the registered political party (if any) included for the purposes of paragraph 303B(j);
(c) the information (other than an address) covered by whichever of the following is applicable in relation to the person or entity (the
donor ) that made the gift:
(i) for a notice given under section 303A—paragraphs 303B(e) to (g);
(ii) for a notice given under section 303E—paragraphs 303F(1)(a) to (c);
(d) the date on which the gift was:
(i) for a notice given under section 303A—received by the recipient; or
(ii) for a notice given under section 303E—made by the donor;
(e) the amount or value of the gift;
(f) if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift was received is more than the disclosure threshold—the total amount or value of all gifts so far received.
Note: If a donation disclosure notice relates to more than one gift, the Electoral Commissioner must publish the information in this subsection in relation to each gift covered by the notice.
Time for publishing information
(2) The Electoral Commissioner must publish the information before the end of:
(a) the period of 24 hours beginning at the time the donation disclosure notice is received by the Electoral Commission if:
(i) the gift is received by the recipient during the period beginning on the day of issue of the writ for an election and ending at the end of the seventh day after polling day for the election; or
(ii) the gift is received by the recipient during the period beginning on the day of issue of the writ for a by‑election and ending at the end of the seventh day after polling day for the by‑election, and the recipient is covered by subsection (3) in relation to the by‑election; or
(iii) the gift is covered by subsection 303A(7) (gifts received close to the start of an election period); or
(iv) the donation disclosure notice is otherwise received by the Electoral Commission during the election period in relation to an election; or
(b) in any other case—the period of 10 days beginning on the day the donation disclosure notice is received by the Electoral Commission.
Note: Subsection 36(2) of the
Acts Interpretation Act 1901 (calculating time) does not apply to the publication of information under subsection (1) of this section (see section 303K of this Act).
(a) an officer of a political party (other than the agent of the party); or
(b) an officer of a significant third party (other than the financial controller of the significant third party); or
(c) an officer of a third party (other than the financial controller of the third party); or
(d) an officer of an associated entity (other than the financial controller of the associated entity); or
(e) an officer of a nominated entity (other than the financial controller of the nominated entity).
(2) The agent of the political party, or the financial controller of the significant third party, third party, associated entity or nominated entity (as the case requires), may:
(a) appear before the authorised officer; or
(b) nominate, in writing, another person to attend the proceeding on behalf of the agent or financial controller.
An authorised officer may inspect a document produced under section 314AN and may make and retain copies of such a document.
Application for warrant
(1) If:
(a) an authorised officer reasonably suspects that there may be, at any time within the following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of a civil penalty provision in, or an offence against, this Part; and
(b) the authorised officer reasonably believes that, if a notice under section 314AN were issued for the production of the document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed;
the authorised officer may apply to a magistrate for the issue of a search warrant under this section.
Issue of search warrant
(2) The magistrate may issue a search warrant authorising:
(a) the authorised officer or any other person named in the warrant (each an
executing officer ):
(i) to enter on the land or on or into the premises, vessel, aircraft or vehicle; and
(ii) to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of the civil penalty provision or offence, being documents or other things of a kind described in the warrant; and
(iii) to seize any documents or other things of the kind referred to in subparagraph (ii); and
(b) the executing officer to use such assistance as the officer thinks reasonably necessary to do a thing specified in paragraph (a); and
(c) an executing officer who is an authorised officer to use such force against things as the officer thinks reasonably necessary to do a thing specified in paragraph (a).
(3) However, the magistrate must not issue a search warrant unless:
(a) the authorised officer or some other person has given to the magistrate an affidavit setting out the grounds on which the issue of the search warrant is being sought; and
(b) the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the search warrant is being sought; and
(c) the magistrate is satisfied that there are reasonable grounds for issuing the search warrant.
Powers conferred on magistrates
(4) A power conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the power conferred.
(5) A magistrate exercising such a power has the same protection and immunity as if the magistrate were exercising that power as, or as a member of, the court of which the magistrate is a member.
Content of search warrant
(6) The search warrant must:
(a) describe the land, premises, vessel, aircraft or vehicle to which the warrant relates; and
(b) state the purposes for which the warrant is issued, including a reference to the alleged contravention of the civil penalty provision or offence in relation to which the warrant is issued; and
(c) state the name of the executing officer; and
(d) state whether entry is authorised at any time of the day or night; and
(e) describe the kind of documents or other things authorised to be seized; and
(f) state the day the warrant ceases to be in force.
(7) The day specified in the search warrant must not be more than 7 days after the day on which the warrant was issued.
Copy of warrant to be given to occupier etc.
(8) If a warrant in relation to land or premises is being executed and the occupier of the land or premises, or another person who apparently represents the occupier, is present at the premises, the executing officer must give a copy of the warrant to that person.
(9) If a warrant in relation to a vessel, aircraft or vehicle is being executed and the owner of the vessel, aircraft or vehicle, or another person who apparently represents the owner of the vessel, aircraft or vehicle is present, the executing officer must give a copy of the warrant to that person.
(10) The executing officer must identify themselves to the person at the land, premises, vessel, aircraft or vehicle being searched.
(1) An authorised officer may take possession of:
(a) a document or other thing produced under section 314AN; or
(b) a document or other thing seized by a person under a search warrant issued under section 314AQ.
(2) The person otherwise entitled to possession of a document is entitled to be supplied, as soon as practicable, with a copy certified by the authorised officer to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the authorised officer must, at such times and places as the authorised officer thinks appropriate, permit the person otherwise entitled to possession of a document, or a person authorised by that person, to inspect and make copies of the document.
(5) The authorised officer may use the document or other thing, or make it available to another authorised officer to use, for the following purposes, if using the document or thing is necessary for the purpose:
(a) investigating a contravention of a civil penalty provision in, or an offence against, this Part;
(b) deciding whether to institute proceedings in relation to such a contravention or offence;
(c) proceedings in relation to such a contravention or offence.
(6) The document or other thing may be retained for as long as is reasonably necessary, but, unless it is evidence in proceedings as mentioned in paragraph (5)(c), not longer than the day that is 60 days after the day on which the authorised officer took possession of the document or thing.
Repeal the section.
Omit “287S, 302H or 314AK”, substitute “314AV”.
Repeal the Subdivision.
Repeal the section.
Repeal the section.
9 Section 314AKA (after the paragraph beginning “An authorised officer’s”) Insert:
Subdivision C deals with anti‑avoidance. A person commits an offence or is liable to a civil penalty if the person, either alone or with one or more other persons or entities, enters into a scheme, begins to carry out a scheme or carries out a scheme with the sole or dominant purpose of avoiding the application of certain sections of the Act to the person or another person or entity. A person commits an offence or is liable to a civil penalty if the person enters into, begins to carry out or carries out such a scheme in contravention of a notice given by the Electoral Commissioner that requires the person not to do so.
The Electoral Commissioner’s decision to give such a notice to a person is subject to internal review.
Add:
314AS Preventing application of certain obligations under this Part
(1) A person contravenes this subsection if:
(a) the person, either alone or with one or more other persons or entities:
(i) enters into a scheme; or
(ii) begins to carry out a scheme; or
(iii) carries out a scheme; and
(b) the sole or dominant purpose of the scheme is to avoid the operation of any one or more of the following provisions in relation to the person or another person or entity:
(i) a civil penalty provision in Subdivision B of Division 1A (requirement to register as a significant third party or an associated entity);
(ii) a civil penalty provision in Division 3AB (caps on electoral expenditure);
(iii) a civil penalty provision in Subdivision AA or AC of Division 3A (caps on gifts);
(iv) an offence or civil penalty provision in section 302D, 302E or 302F (donations by foreign donors);
(v) a civil penalty provision in section 314AJ (foreign campaigner incurring, or fundraising for, electoral expenditure).
Note: For the definition of
scheme , see subsection 287(1).
Fault‑based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
(a) if the sole or dominant purpose of the scheme is to avoid the application of a single provision—the penalty applicable to the provision; and
(b) if the sole or dominant purpose of the scheme is to avoid the application of multiple provisions—the highest of the penalties applicable to the provisions.
(4) This section applies whether or not the scheme is entered into, begun to be carried out or carried out:
(a) in Australia; or
(b) outside Australia; or
(c) partly in Australia and partly outside Australia.
(1) The Electoral Commissioner may give a person a written notice if:
(a) the person, either alone or with one or more other persons or entities:
(i) enters into a scheme; or
(ii) begins to carry out a scheme; or
(iii) carries out a scheme; and
(b) there are reasonable grounds to conclude that the sole or dominant purpose of the scheme is to avoid the operation of any one or more of the following provisions in relation to the person or another person or entity:
(i) a civil penalty provision in Subdivision B of Division 1A (requirement to register as a significant third party or an associated entity);
(ii) a civil penalty provision in Division 3AB (caps on electoral expenditure);
(iii) a civil penalty provision in Subdivision AA of Division 3A (caps on gifts);
(iv) an offence or civil penalty provision in section 302D, 302E or 302F (donations by foreign donors);
(v) a civil penalty provision in section 314AJ (foreign campaigner incurring, or fundraising for, electoral expenditure).
Note 1: A decision to give a notice is a reviewable decision (see section 120).
Note 2: For the definition of
scheme , see subsection 287(1).(2) The notice must:
(a) specify the conduct constituting the scheme; and
(b) require the person:
(i) not to enter into the scheme; or
(ii) not to begin to carry out the scheme; or
(iii) not to continue to carry out the scheme.
(3) A person contravenes this subsection if:
(a) the person is given a notice under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the notice.
Fault‑based offence
(4) A person commits an offence if the person contravenes subsection (3).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
Civil penalty provision
(5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty:
(a) if the sole or dominant purpose of the scheme is to avoid the application of a single provision—the penalty applicable to the provision; and
(b) if the sole or dominant purpose of the scheme is to avoid the application of multiple provisions—the highest of the penalties applicable to the provisions.
(6) This section applies whether or not the scheme is entered into, begun to be carried out or carried out:
(a) in Australia; or
(b) outside Australia; or
(c) partly in Australia and partly outside Australia.
(1) This section applies if a provision of this Division provides that a person contravening another provision (the
conduct rule provision ) commits an offence.(2) For the purposes of applying Chapter 2 of the
Criminal Code to the offence, the physical elements of the offence are set out in the conduct rule provision.Note: Chapter 2 of the
Criminal Code sets out general principles of criminal responsibility.
314AV Contravening an offence or a civil penalty provision
(1) This section applies if a provision of this Division provides that a person contravening another provision (the
conduct provision ) commits an offence or is liable to a civil penalty.(2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.
Note: This also affects references in the Regulatory Powers Act to a contravention of an offence provision or a civil penalty provision.
Omit the second sentence, substitute “Subsection 62(3) expressly excludes the Australian Capital Territory.”.
Repeal the subsection, substitute:
(3) The Redistribution Committee must cause to be published on the Electoral Commission’s website, and in any other way the Redistribution Committee considers appropriate, the suggestions lodged under paragraph (1)(a) on or before the fifth Monday after publication of the notice in the
Gazette .
Repeal the paragraph, substitute:
(a) cause to be published on the Electoral Commission’s website, and in any other way the Redistribution Committee considers appropriate, a map or maps showing the names and boundaries of each proposed Electoral Division in the State; and
Omit “cause copies of”, substitute “cause to be published on the Electoral Commission’s website, and in any other way the Redistribution Committee considers appropriate”.
5 At the end of subparagraphs 68(1)(b)(i), (ii) and (iv) Add “and”.
Omit “to be made available for perusal at each office of the Electoral Commission in the State;”.
Repeal the paragraph, substitute:
(c) by notice published in the
Gazette on a Friday, invite public attention to the publication of the map or maps referred to in paragraph (a) and the suggestions, comments, descriptions and reasons referred to in paragraph (b); and
Omit “availability for perusal of copies of”, substitute “publication of”.
Omit “The Electoral Commission must cause copies of the objections lodged under subsection (1) to be made available for perusal, starting on”, substitute “The Electoral Commission must cause to be published on the Electoral Commission’s website, and in any other way the Electoral Commission considers appropriate, the objections lodged under subsection (1) on or before”.
Omit “cause copies of the comments lodged under subsection (3) to be made available for perusal, starting on”, substitute “cause to be published on the Electoral Commission’s website, and in any other way the Electoral Commission considers appropriate, the comments lodged under subsection (3) on or before”.
Repeal the subsection.
Omit “being of unsound mind”, substitute “cognitive impairment”.
Omit “unsoundness of mind”, substitute “cognitive impairment”.
Insert:
(1A) The Register must be made publicly available on the Electoral Commission’s website and may be made publicly available in any other way the Electoral Commissioner considers appropriate.
Repeal the section.
Insert:
(caa) because the applicant is a person with disability, the applicant is unable to travel from the place where the applicant lives to a polling place;
(cab) because the applicant will be at a place (other than a hospital) caring for a person with disability, the applicant is unable to travel from that place to a polling place;
Omit “Subject to subsection (1A), if”, substitute “If”.
Repeal the subsections.
Omit “fold the ballot paper, place it in the envelope”, substitute “place the ballot paper in the envelope”.
Insert:
(1) This section applies if:
(a) a DRO, or an officer acting at the direction of a DRO, receives an envelope that purports to contain a postal ballot paper on which a vote has been recorded; and
(b) the DRO or officer is satisfied it is reasonably necessary to open the envelope in order to make a record of the name of the voter and the name of the Division as shown in the postal vote certificate printed on, or placed inside, the envelope.
(2) The DRO or officer may open the envelope to make the record.
(3) A DRO or an officer who opens an envelope in accordance with subsection (2) must, as soon as practicable after making the record:
(a) place the postal vote certificate and the ballot paper back in the envelope; and
(b) fasten the envelope.
Repeal the paragraph, substitute:
(b) deposit the ballot paper in a ballot‑box; and
Repeal the paragraph, substitute:
(e) deposit the ballot paper in a ballot‑box.
Omit “paper, fold the ballot paper and return it to the issuing officer”, substitute “paper and return the ballot paper to the issuing officer”.
Repeal the paragraph, substitute:
(e) return the ballot paper to the officer.
Omit “subsection 340(1) or (1A) applies in relation to a hospital that is a polling place as if the references in that subsection”, substitute “subsections 340(1) and (1A) and 341(1) apply in relation to a hospital that is a polling place as if the references in those subsections”.
Repeal the subsection, substitute:
(7) The Divisional Returning Officer for a Division must cause to be published on the Electoral Commission’s website, and in any other way the Divisional Returning Officer considers appropriate, a notice specifying:
(a) the hospitals in the Division that are polling places; and
(b) the periods during which votes will be taken under section 224 at each hospital.
(7A) The notice must be published not later than 4 pm on the day before polling day.
Omit “section 340 applies as if the references (however described) in subsections 340(1), (1A) and (2)”, substitute “sections 340 and 341 apply as if the references (however described) in subsections 340(1), (1A) and (2) and 341(1)”.
Repeal the paragraph, substitute:
(b) either:
(i) if the voter is not an absent voter—deposit the ballot paper in the ballot‑box; or
(ii) if the voter is an absent voter—return the ballot paper to the presiding officer or a polling official; and
Omit “, fold,”.
Omit “fold the ballot paper so as to conceal the names of the candidates, and”.
Omit “folded”.
Omit “mark and fold, or allow a polling official to mark and fold, the voter’s ballot paper”, substitute “mark, or allow a polling official to mark, the voter’s ballot paper”.
Omit “fold the ballot paper and hand it”, substitute “hand the ballot paper”.
Repeal the subsection, substitute:
(2) The DRO must cause to be published on the Electoral Commission’s website, and in any other way the DRO considers appropriate, a notice specifying the date, time and place of the commencement of a preliminary scrutiny.
(2A) The notice must be published not later than 4 pm on the day before the day of commencement of the preliminary scrutiny.
Repeal the subsection, substitute:
(1) A person commits an offence if:
(a) the person is an officer or a scrutineer; and
(b) the person wears or displays any badge or emblem of a candidate or political party; and
(c) the person does so:
(i) in a polling booth on polling day or on a day to which the polling is adjourned for the election; or
(ii) in a pre‑poll voting office at any time during which applications for pre‑poll votes may be made, or pre‑poll ordinary voting is available, at the office.
Penalty: 10 penalty units.
Insert:
Note: For the purposes of paragraph (a), making an audio or video recording in the premises without the permission of the person in charge of the premises is an example of conduct that may be misconduct under this paragraph.
Insert:
(1A) A person commits an offence if:
(a) the person makes an audio or video recording in premises to which this section applies; and
(b) the recording is made without the permission of the person in charge of the premises; and
(c) the making of the recording constitutes a contravention of paragraph 348(1)(a); and
(d) the person:
(i) publishes the whole or a part of the recording; or
(ii) causes to be published the whole or a part of the recording.
Penalty: 5 penalty units.
After “subsection (1)”, insert “or (1A)”.
Repeal the paragraphs, substitute:
4. The person will be unable to attend a polling booth on polling day because the person:
(a) is seriously ill; or
(b) is infirm; or
(c) has recently given birth or is expected shortly to do so; or
(d) is a person with disability.
(In the case of a person who will be a patient at a hospital on polling day, this paragraph applies regardless of the operation of sections 224 and 227 of the Act.)
5. The person will be unable to attend a polling booth on polling day because the person will be at a place (other than a hospital) caring for a person who:
(a) is seriously ill; or
(b) is infirm; or
(c) has recently given birth or is expected shortly to do so; or
(d) is a person with disability.
Insert:
6AA. Despite subparagraphs 6(b) and (c), the DRO may treat an envelope as having met the requirements of paragraph 6 if the DRO is satisfied that:
(a) the envelope purports to contain either:
(i) a pre‑poll vote ballot paper for an elector who, but for paragraph 200DG(1)(c), would have been entitled to vote by pre‑poll ordinary vote; or
(ii) an absent vote ballot paper for an elector; and
(b) the ballot paper was issued to the elector by a voting officer using an approved list of voters for a Division in accordance with Parts XVA and XVI; and
(c) the elector is neither a designated elector nor a person whose address has been excluded or deleted from a Roll under section 104; and
(d) it is appropriate to do so.
Insert:
(ia) the envelopes that, under paragraph 6AA, have been treated as having met the requirements of paragraph 6; and
Insert:
(ia) the envelopes that, under paragraph 6AA, have been treated as having met the requirements of paragraph 6; and
Repeal the paragraph.
Add “and”.
Repeal the paragraph, substitute:
(b) place the ballot paper in the ballot‑box; and
Omit “, fold”.
Omit “fold the ballot paper so as to conceal his or her vote, and”.
Omit “folded”.
Omit “mark and fold, or allow a polling official to mark and fold,”, substitute “mark, or allow a polling official to mark,”.
Omit “fold the ballot paper and hand it”, substitute “hand the ballot paper”.
Repeal the subsection, substitute:
(4) An elector who votes as an absent voter must mark the ballot paper in the manner prescribed by this Act and return it to the presiding officer or a polling official.
Repeal the subsection, substitute:
(4) Subsections 131(1) and (1A) and 132(1) apply in relation to a hospital that is a polling place as if:
(a) the references in those subsections to voting day for the referendum, or a day to which the taking of votes of the electors at a referendum has been adjourned under section 42 or 43, were a reference to the period:
(i) commencing on the day of the issue of the writ for the referendum; and
(ii) ending immediately after the voting day or, if the voting is adjourned, after the last day to which the voting is so adjourned; and
(b) the references in those subsections to a polling booth were references to the hospital.
Repeal the subsection, substitute:
(6) The DRO for a Division must cause to be published on the Electoral Commission’s website, and in any other way the DRO considers appropriate, a notice specifying:
(a) the hospitals in the Division that are polling places; and
(b) the periods during which votes will be taken under section 48 at each hospital.
(6A) The notice must be published not later than 4 pm on the day before voting day.
Repeal the paragraph, substitute:
(e) sections 131 and 132 apply as if the references (however described) in subsections 131(1), (1A) and (2) and 132(1) to the voting day for the referendum, or a day to which the taking of votes of the electors at the referendum has been adjourned, were a reference to the time of the visit.
Omit “fold the ballot paper,”.
Insert:
(1) This section applies if:
(a) a DRO, or an officer acting at the direction of a DRO, receives an envelope that purports to contain a postal ballot paper on which a vote has been recorded; and
(b) the DRO or officer is satisfied it is reasonably necessary to open the envelope in order to make a record of the name of the voter and the name of the Division as shown in the postal vote certificate printed on, or placed inside, the envelope.
(2) The DRO or officer may open the envelope to make the record.
(3) A DRO or an officer who opens an envelope in accordance with subsection (2) must, as soon as practicable after making the record:
(a) place the postal vote certificate and the ballot paper back in the envelope; and
(b) fasten the envelope.
Repeal the paragraph, substitute:
(b) deposit the ballot paper in a ballot‑box; and
Repeal the paragraph, substitute:
(e) deposit the ballot paper in a ballot‑box.
Omit “, fold the ballot paper and return it”, substitute “and return the ballot paper”.
Repeal the paragraph, substitute:
(e) return the ballot paper to the officer.
Repeal the subsection, substitute:
(2) The DRO must cause to be published on the Electoral Commission’s website, and in any other way the DRO considers appropriate, a notice specifying the date, time and place of the commencement of a preliminary scrutiny.
(2A) The notice must be published not later than 4 pm on the day before the day of commencement of the preliminary scrutiny.
Repeal the subsection, substitute:
(1) A person commits an offence if:
(a) the person is an officer or a scrutineer; and
(b) the person wears or displays any badge or emblem in support of, or in opposition to, a proposed law for the alteration of the Constitution; and
(c) the person does so:
(i) in a polling booth on the voting day for a referendum or on a day to which the taking of votes of the electors at the referendum has been adjourned under section 42 or 43; or
(ii) in a pre‑poll voting office at any time during which applications for pre‑poll votes may be made, or pre‑poll ordinary voting is available, at the office.
Penalty: 10 penalty units.
Insert:
Note: For the purposes of paragraph (a), making an audio or video recording in the premises without the permission of the person in charge of the premises is an example of conduct that may be misconduct under this paragraph.
Insert:
(1A) A person commits an offence if:
(a) the person makes an audio or video recording in premises to which this section applies; and
(b) the recording is made without the permission of the person in charge of the premises; and
(c) the making of the recording constitutes a contravention of paragraph 135(1)(a); and
(d) the person:
(i) publishes the whole or a part of the recording; or
(ii) causes to be published the whole or a part of the recording.
Penalty: 5 penalty units.
After “subsection (1)”, insert “or (1A)”.
Repeal the paragraphs, substitute:
4. The person will be unable to attend a polling booth on voting day because the person:
(a) is seriously ill; or
(b) is infirm; or
(c) has recently given birth or is expected shortly to do so; or
(d) is a person with disability.
(In the case of a person who will be a patient at a hospital on voting day, this paragraph applies regardless of the operation of sections 48 and 51.)
5. The person will be unable to attend a polling booth on voting day because the person will be at a place (other than a hospital) caring for a person who:
(a) is seriously ill; or
(b) is infirm; or
(c) has recently given birth or is expected shortly to do so; or
(d) is a person with disability.
Insert:
6AA. Despite subparagraphs 6(b) and (c), the DRO may treat an envelope as having met the requirements of paragraph 6 if the DRO is satisfied that:
(a) the envelope purports to contain either:
(i) a pre‑poll vote ballot paper for an elector who, but for paragraph 73CG(1)(c), would have been entitled to vote by pre‑poll ordinary vote; or
(ii) an absent vote ballot paper for an elector; and
(b) the ballot paper was issued to the elector by a voting officer using an approved list of voters for a Division in accordance with Parts III and IVA; and
(c) the elector is neither a designated elector nor a person whose address has been excluded or deleted from a Roll under section 104 of the
Commonwealth Electoral Act 1918 ; and(d) it is appropriate to do so.
Insert:
(iia) the envelopes that, under paragraph 6AA, have been treated as having met the requirements of paragraph 6; and
Repeal the paragraph.
Omit “18”, substitute “17”.
(1) Subsection 341(1) of the
Commonwealth Electoral Act 1918 , as substituted by Part 1 of this Schedule, applies in relation to acts or omissions that occur on or after the commencement of this Schedule.(2) Subsection 348(1A) of the
Commonwealth Electoral Act 1918 , as inserted by Part 1 of this Schedule, applies in relation to acts or omissions that occur on or after the commencement of this Schedule.(3) Subsection 132(1) of the
Referendum (Machinery Provisions) Act 1984 , as substituted by Part 1 of this Schedule, applies in relation to acts or omissions that occur on or after the commencement of this Schedule.(4) Subsection 135(1A) of the
Referendum (Machinery Provisions) Act 1984 , as inserted by Part 1 of this Schedule, applies in relation to acts or omissions that occur on or after the commencement of this Schedule.
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) Without limiting subitem (1), the rules may have the effect that, despite the commencement of an item of this Act that amends, inserts, substitutes or repeals a provision of an Act, the provision:
(a) as amended, inserted or substituted does not apply generally, or in relation to any specified matters or classes of matters, for a specified period after that commencement; or
(b) as repealed continues to apply generally, or in relation to any specified matters or classes of matters, for a specified period after that commencement.
(3) Rules that have the effect mentioned in subitem (2) must not specify a period that ends later than 30 June 2027.
(4) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(5) This Act (other than subitems (3) and (4) of this item) does not limit the rules that may be made under this item.
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