Electoral Reform and Accountability Amendment Act 2011 (Qld)
Case
No judgment structure available for this case.
Queensland Electoral Reform and Accountability Amendment Act 2011 Act No. 14 of 2011
Queensland Electoral Reform and Accountability Amendment Act 2011 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Amendment of s 18 (Delegation by commission) . . . . . . . . . . . . . 16 6 Amendment of s 66 (Provisional enrolment) . . . . . . . . . . . . . . . . 16 7 Amendment of s 99 (Scrutineers). . . . . . . . . . . . . . . . . . . . . . . . . 17 8 Amendment of s 101 (Who may vote) . . . . . . . . . . . . . . . . . . . . . 17 9 Amendment of s 102 (Procedure for voting). . . . . . . . . . . . . . . . . 17 10 Insertion of new pt 6, div 5, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . 17 Subdivision 1A Pre-poll ordinary voting 104A Pre-poll ordinary voting . . . . . . . . . . . . . . . . . . . . . . . 18 104B Pre-poll voting offices . . . . . . . . . . . . . . . . . . . . . . . . . 18 104C Procedure for pre-poll ordinary voting . . . . . . . . . . . . 18 104D Help to enable electors to vote at pre-poll voting offices ........................... 20 11 Amendment of s 106 (Who must make a declaration vote) . . . . . 21 12 Amendment of s 110 (Making a declaration vote using posted voting papers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13 Amendment of s 112 (Making a declaration vote in cases of uncertain identity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 Amendment of s 118 (Preliminary counting of ordinary votes). . . 21 14A Omission of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 15 Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 9A Election funding and financial disclosure Division 1 Interpretation 177A Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 177AA Meaning of disclosure period . . . . . . . . . . . . . . . . . . . 26
Electoral Reform and Accountability Amendment Act 2011 Contents Page 2 177AB Meaning of electoral expenditure . . . . . . . . . . . . . . . . 177AC Meaning of fundraising contribution . . . . . . . . . . . . . . 177AD Meaning of gift . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177AE References to registered political party . . . . . . . . . . . 177AF Electoral committee to be treated as part of candidate ............................ 177AG Associated entity to be treated as part of party for particular purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . 177AH Related corporations . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Agents 177B Agents of registered political parties . . . . . . . . . . . . . 177BA Appointment of agents by candidates . . . . . . . . . . . . 177BB Appointment of agents by registered third party. . . . . 177BBA Appointment of agents by unregistered third parties . 177BC Requisites for appointment. . . . . . . . . . . . . . . . . . . . . 177BD Register of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . 177BE Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 177BF Evidence of appointment . . . . . . . . . . . . . . . . . . . . . . 177BG Responsibility for action when agent of party dead or appointment vacant . . . . . . . . . . . . . . . . . . . . . . . . 177BH Responsibility for action when agent of registered third party dead or appointment vacant . . . . . . . . . . . 177BI Revocation of appointment of agent. . . . . . . . . . . . . . 177BJ Notice of death or resignation of agent of candidate or registered third party . . . . . . . . . . . . . . . . . . . . . . . Division 3 State campaign accounts 177C Requirement to keep State campaign account . . . . . 177CA Political donations to be paid into State campaign account ........................... 177CB Payments into State campaign account . . . . . . . . . . . 177CC Obligation to repay amount borrowed . . . . . . . . . . . . Division 4 Election funding Subdivision 1 Preliminary 177D Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Entitlement to election funding 177DA Entitlement to election funding—registered political parties ............................. 177DB Entitlement to election funding—candidates . . . . . . . 26 28 28 29 29 30 30 30 30 31 31 31 32 33 34 34 34 35 35 35 36 36 37 38 38 39 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 Contents 177DC Advance payment of election funding. . . . . . . . . . . . . Subdivision 3 Claims for election funding 177DD Need for a claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DE Candidate may give direction about payment of election funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DF Electoral expenditure incurred . . . . . . . . . . . . . . . . . . 177DG Form of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DH Lodging of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DI Deciding claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DJ Accepting a claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DK Refusing a claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177DL Application for reconsideration of decision refusing a claim ............................ 177DM Reconsideration by commission. . . . . . . . . . . . . . . . . Subdivision 4 Payments of election funding 177DN Making of payments . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5 Miscellaneous 177DO Death of candidates . . . . . . . . . . . . . . . . . . . . . . . . . . 177DP Varying decisions accepting claims . . . . . . . . . . . . . . Division 5 Administrative expenditure funding Subdivision 1 Preliminary 177E Meaning of administrative expenditure . . . . . . . . . . . . Subdivision 2 Administrative funding for registered political parties 177EA Eligibility of political party for administrative funding . 177EB Amount of administrative funding for which eligible registered political parties are eligible . . . . . . . . . . . . Subdivision 3 Administrative funding for independent members 177EC Eligibility of independent members for funding for administrative expenditure . . . . . . . . . . . . . . . . . . . . . 177ED Amount of administrative funding for which independent members are eligible . . . . . . . . . . . . . . . 177EE Application for claim . . . . . . . . . . . . . . . . . . . . . . . . . . 177EF Deciding claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177EG Accepting a claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177EH Refusing a claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 41 41 41 42 42 43 43 44 44 44 45 45 46 47 48 49 51 51 52 53 53 53 2011 Act No. 14 Page 3
Electoral Reform and Accountability Amendment Act 2011 Contents Page 4 177EI Application for reconsideration of decision refusing a claim ............................. 177EJ Reconsideration by commission. . . . . . . . . . . . . . . . . Division 6 Political donations 177F Meaning of political donation . . . . . . . . . . . . . . . . . . . 177FA Meaning of unpaid debt . . . . . . . . . . . . . . . . . . . . . . . 177FB Calculating amount of applicable donation cap . . . . . 177FC Cap on political donations person may make to registered political parties . . . . . . . . . . . . . . . . . . . . . 177FD Cap on political donations registered political party may accept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177FE Cap on political donations person may make to candidates in elections . . . . . . . . . . . . . . . . . . . . . . . . 177FF Cap on political donations candidates may accept. . . 177FG Cap on political donations person may make to third parties ............................. 177FH Cap on political donations third parties may accept . . 177FI Obligation of agent to notify donor of requirements about political donations. . . . . . . . . . . . . . . . . . . . . . . Division 7 Disclosure of donations 177G How division applies to gifts that are returned etc. within 6 weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177GA Disclosure by candidates of political donations and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177GB Loans to candidates . . . . . . . . . . . . . . . . . . . . . . . . . . 177GC Disclosure of gifts by third parties that receive political donations or incur expenditure for political purposes .............................. 177GD Donations to candidates etc. . . . . . . . . . . . . . . . . . . . 177GE Donations to political parties . . . . . . . . . . . . . . . . . . . 177GF Special reporting of large gifts . . . . . . . . . . . . . . . . . . Division 8 Rules about particular gifts and loans Subdivision 1 Gifts of foreign property 177H Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177HA Subdivision does not apply to gifts that are returned within 6 weeks . . . . . . . . . . . . . . . . . . . . . . . 177HB Deciding whether a gift or transfer is of Australian or foreign property . . . . . . . . . . . . . . . . . . . . . . . . . . . 177HC Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift . . . . . . . . . . . . . . . 54 54 55 56 57 58 59 60 61 62 63 63 64 64 66 67 69 70 73 76 77 77 79 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 Contents Subdivision 2 Anonymous gifts 177HD Particular gifts not to be received . . . . . . . . . . . . . . . . Subdivision 3 Other gifts and loans 177HE Particular loans not to be received . . . . . . . . . . . . . . . Division 9 Electoral expenditure 177I Definition for div 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 177IA Calculating applicable expenditure cap . . . . . . . . . . . 177IB Agent to ensure electoral expenditure paid from State campaign account. . . . . . . . . . . . . . . . . . . . . . . 177IC Cap on electoral expenditure by registered political parties for general elections . . . . . . . . . . . . . . . . . . . . 177ID Cap on electoral expenditure by registered political parties for by-elections . . . . . . . . . . . . . . . . . . . . . . . . 177IE Cap on electoral expenditure by candidates . . . . . . . 177IF Cap on electoral expenditure by registered third parties ............................. 177IG Cap on electoral expenditure by third parties . . . . . . . 177IH Penalty for contravening this division . . . . . . . . . . . . . Division 10 Disclosure of electoral expenditure 177J Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177JA Returns of electoral expenditure . . . . . . . . . . . . . . . . 177JB Returns by broadcasters . . . . . . . . . . . . . . . . . . . . . . 177JC Returns by publishers. . . . . . . . . . . . . . . . . . . . . . . . . 177JD Nil returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177JE Two or more elections on the same day . . . . . . . . . . . Division 11 Returns by registered political parties and associated entities 177K Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177KA How division applies to gifts that are returned etc. within 6 weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177KB Returns for reporting periods by registered political parties .............................. 177KC Amounts received. . . . . . . . . . . . . . . . . . . . . . . . . . . . 177KD Amounts paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177KE Outstanding amounts . . . . . . . . . . . . . . . . . . . . . . . . . 177KF Returns for reporting periods by associated entities . 177KG Returns not to include lists of party membership . . . . 177KH Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 82 83 83 86 87 87 88 88 89 89 89 89 90 91 93 93 93 94 94 94 95 96 97 98 98 2011 Act No. 14 Page 5
Electoral Reform and Accountability Amendment Act 2011 Contents Division 12 Registration of third parties 177L Application for registration . . . . . . . . . . . . . . . . . . . . . 177LA Decision about application . . . . . . . . . . . . . . . . . . . . . 177LB Approval of application . . . . . . . . . . . . . . . . . . . . . . . . 177LC Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . 177LD Resubmission of application. . . . . . . . . . . . . . . . . . . . 177LE Obligation to notify commission of change of details . 177LF Commission’s power to confirm details . . . . . . . . . . . 177LG Cancellation of registration at request of third party. . 177LH Variation of entry in register on initiative of commission ......................... Division 13 Miscellaneous 177M Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177MA Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177MB Recovery of payments . . . . . . . . . . . . . . . . . . . . . . . . 177MC Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . 177MD Audit certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177ME Auditor to give notice of contravention . . . . . . . . . . . . 177MF Inability to complete returns . . . . . . . . . . . . . . . . . . . . 177MG Extension for giving return . . . . . . . . . . . . . . . . . . . . . 177MH Noncompliance with part does not affect election . . . 177MI Amendment of claims and returns . . . . . . . . . . . . . . . 177MJ Publishing of returns. . . . . . . . . . . . . . . . . . . . . . . . . . 177MK Inspection and supply of copies of claims and returns ............................. 177ML Recovery of unlawful donations . . . . . . . . . . . . . . . . . 177MM Compliance agreements . . . . . . . . . . . . . . . . . . . . . . Division 14 General provisions about authorised officers Subdivision 1 Appointment 177N Authorised officer under pt 9A . . . . . . . . . . . . . . . . . . 177NA Appointment and qualifications . . . . . . . . . . . . . . . . . 177NB Appointment conditions and limit on powers . . . . . . . 177NC When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177ND Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Identity cards 177NE Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 98 99 99 99 100 100 101 102 102 102 102 105 106 106 107 107 109 109 110 111 112 112 113 114 114 114 115 115 116 Page 6 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 Contents 177NF Production or display of identity card . . . . . . . . . . . . . 177NG Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Miscellaneous provisions 177NH References to exercise of powers . . . . . . . . . . . . . . . 177NI Reference to document includes reference to reproductions from electronic document . . . . . . . . . . Division 15 Entry of places by authorised officers Subdivision 1 Power to enter 177O General power to enter places . . . . . . . . . . . . . . . . . . Subdivision 2 Entry by consent 177OA Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 177OB Incidental entry to ask for access . . . . . . . . . . . . . . . . 177OC Matters authorised officer must tell occupier . . . . . . . 177OD Consent acknowledgement . . . . . . . . . . . . . . . . . . . . Subdivision 3 Entry under warrant 177OE Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . 177OF Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177OG Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . 177OH Additional procedure if electronic application . . . . . . . 177OI Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . 177OJ Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 16 General powers of authorised officers after entering places 177P Application of div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 177PA General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177PB Power to require reasonable help. . . . . . . . . . . . . . . . 177PC Offence to contravene help requirement . . . . . . . . . . Division 17 Seizure by authorised officers and forfeiture Subdivision 1 Power to seize 177Q Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . 177QA Seizing evidence at a place that may be entered only with consent or warrant. . . . . . . . . . . . . . . . . . . . 177QB Seizure of property subject to security . . . . . . . . . . . . Subdivision 2 Powers to support seizure 177QC Power to secure seized thing . . . . . . . . . . . . . . . . . . . 177QD Offence to contravene other seizure requirement . . . 116 116 117 117 117 119 119 119 119 120 121 122 122 124 124 125 125 126 126 127 127 128 128 129 2011 Act No. 14 Page 7
Electoral Reform and Accountability Amendment Act 2011 Contents Page 8 177QE Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Safeguards for seized things 177QF Receipt and information notice for seized thing . . . . . 177QG Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . 177QH Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 Forfeiture 177QI Forfeiture by commissioner decision . . . . . . . . . . . . . 177QJ Information notice about forfeiture decision . . . . . . . . Subdivision 5 Dealing with property forfeited or transferred to State 177QK When thing becomes property of the State . . . . . . . . 177QL How property may be dealt with . . . . . . . . . . . . . . . . . Division 18 Other information-obtaining powers of authorised officers 177R Power to require name and address . . . . . . . . . . . . . 177RA Offence to contravene personal details requirement . 177RB Power to require production of documents . . . . . . . . . 177RC Offence to contravene document production requirement ......................... 177RD Offence to contravene document certification requirement ......................... 177RE Power to require information. . . . . . . . . . . . . . . . . . . . 177RF Offence to contravene information requirement . . . . . Division 19 Miscellaneous provisions relating to authorised officers Subdivision 1 Damage 177S Duty to avoid inconvenience and minimise damage. . 177SA Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Compensation 177SB Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Other offences relating to authorised officers 177SC Giving authorised officer false or misleading information .......................... 177SD Obstructing authorised officer . . . . . . . . . . . . . . . . . . 177SE Impersonating authorised officer . . . . . . . . . . . . . . . . Subdivision 4 Other provisions 177SF Evidential immunity for individuals complying with particular requirements . . . . . . . . . . . . . . . . . . . . . . . 129 130 131 131 132 132 133 133 134 134 135 136 136 137 138 138 138 140 141 141 142 142 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 Contents 177SG Protection from liability for particular persons . . . . . . 142 177SH Confidentiality of information . . . . . . . . . . . . . . . . . . . 143 Division 20 Appeals, evidence and legal proceedings Subdivision 1 Reviews and appeals 177T Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 177TA Appeal process starts with internal review . . . . . . . . . 144 177TB How to apply for review . . . . . . . . . . . . . . . . . . . . . . . 144 177TC Stay of operation of decision . . . . . . . . . . . . . . . . . . . 145 177TD Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 177TE Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 177TF Procedure for an appeal to the court . . . . . . . . . . . . . 146 177TG Stay of operation of review decision . . . . . . . . . . . . . . 146 177TH Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . 147 177TI Effect of decision of court on appeal . . . . . . . . . . . . . 147 Subdivision 2 Evidence and legal proceedings 177TJ Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 148 177TK Offences under this part are summary . . . . . . . . . . . . 149 177TL Statement of complainant’s knowledge . . . . . . . . . . . 149 16 Insertion of new s 179A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 179A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 17 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Division 5 Transitional provisions for Electoral Reform and Accountability Amendment Act 2011 Subdivision 1 Purposes, definitions and general approach 191 Main purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . 150 192 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 193 Document, action, obligation or protection under previous provision of primary Act . . . . . . . . . . . . . . . . 151 194 Terminology in things mentioned in s 193(1) . . . . . . . 152 195 Period stated in previous provision. . . . . . . . . . . . . . . 152 196 Period or date stated in document given under previous provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 197 Action happening before commencement may be relevant to proceeding for particular acts or omissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 198 ActsInterpretationAct1954, s 20 not limited. . . . . . . 153 Subdivision 2 Transitional provisions relating to particular matters 2011 Act No. 14 Page 9
Electoral Reform and Accountability Amendment Act 2011 Contents 199 Amounts held before the commencement . . . . . . . . . 154 199A Applicable expenditure cap . . . . . . . . . . . . . . . . . . . . 154 200 Existing agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 201 Convictions against previous provision . . . . . . . . . . . 155 202 Register of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 203 Existing authorised officers . . . . . . . . . . . . . . . . . . . . 155 204 Amendment to renumber . . . . . . . . . . . . . . . . . . . . . . 156 18 Omission of schedule (Election Funding and financial disclosure based on part XX of the Commonwealth Electoral Act) . . . . . . . . 157 Page 10 2011 Act No. 14
Queensland Electoral Reform and Accountability Amendment Act 2011 Act No. 14 of 2011 an Act to amend the Electoral Act 1992 for particular purposes [Assented to 19 May 2011]
Electoral Reform and Accountability Amendment Act 2011 [s 1] The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Electoral Reform and Accountability Amendment Act 2011 . 3 Act amended This Act amends the Electoral Act 1992 . 4 Amendment of s 3 (Definitions) (1) Section 3, definition candidate — omit. (2) Section 3— insert— ‘ agent , for part 9A, see section 177A. applicable expenditure cap , for part 9A, see section 177A. approved form means a form approved under section 179A. associated entity , for part 9A, see section 177A. auditor , for part 9A, see section 177A. authorised officer , for part 9A, means a person who holds office under part 9A, division 14 as an authorised officer. by-election , for part 9A, see section 177A. candidate , in relation to an election— (a) means a person who has become a candidate under section 88(3); and (b) for part 9A, divisions 2, 3, 4, 6 and 9, includes an elected member or other person who has announced or otherwise indicated an intention to be a candidate in the election. Page 12 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 4] capped expenditure period , for part 9A, see section 177A. court , for part 9A, means a Magistrates Court. disclosure period , for part 9A, see section 177A. disposition of property , for part 9A, see section 177A. document certification requirement see section 177RB(6). document production requirement see section 177RB(2). elected member , for part 9A, see section 177A. electoral expenditure , for part 9A, see section 177AB. electronic document , for part 9A, means a document of a type under the Acts Interpretation Act 1954 , section 36, definition document , paragraph (c). financial controller , for part 9A, see section 177A. former owner , for part 9A, see section 177QJ(1). fundraising contribution , for part 9A, see section 177A. general power , for part 9A, see section 177PA(1). gift , for part 9A, see section 177A. help requirement see section 177PB(1). identity card , for a provision about authorised officers, means an identity card issued under section 177NE(1). independent candidate , for part 9A, see section 177A. independent member , for part 9A, see section 177A. information notice , about a decision, for part 9A, see section 177A. journal , for part 9A, see section 177A. loan , for part 9A, see section 177A. notice , for part 9A, means a written notice. occupier , of a place, for part 9A, includes the following— (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons; 2011 Act No. 14 Page 13
Electoral Reform and Accountability Amendment Act 2011 [s 4] (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place; (c) if no-one apparently occupies the place—any person who is an owner of the place. of , a place, for part 9A, includes at or on the place. offence warning , for a direction or requirement by an authorised officer, for part 9A, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it. owner , of a thing that has been seized under part 9A, includes a person who would be entitled to possession of the thing had it not been seized. payment direction , for part 9A, see section 177DE. personal details requirement , for part 9A, see section 177R(5). person in control , for part 9A— (a) of a vehicle, includes— (i) the vehicle’s driver or rider; and (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or (b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing. place , for part 9A, includes the following— (a) premises; (b) vacant land; (c) a place in Queensland waters; (d) a place held under more than 1 title or by more than 1 owner; (e) the land or water where a building or structure, or a group of buildings or structures, is situated. Page 14 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 4] political donation , for part 9A, see section 177A. premises , for part 9A, includes— (a) a building or other structure; and (b) a part of a building or other structure; and (c) a caravan or vehicle; and (d) a cave or tent; and (e) premises held under more than 1 title or by more than 1 owner. pre-poll ordinary vote see section 104A(2). pre-poll voting office , for an electoral district, see section 104B(1)(a). public place , for part 9A, means— (a) a place, or part of the place— (i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under subparagraph (i) — a beach, a park, a road (ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or Examples of a place that may be a public place under subparagraph (ii) — a saleyard, a showground (b) a place that is a public place under another Act . reasonably believes , for part 9A, means believes on grounds that are reasonable in the circumstances. reasonably suspects , for part 9A, means suspects on grounds that are reasonable in the circumstances. register of agents , for part 9A, see section 177A. registered , for part 9A, see section 177A. 2011 Act No. 14 Page 15
Electoral Reform and Accountability Amendment Act 2011 [s 5] registered industrial organisation , for part 9A, see section 177A. registered third party , for part 9A, see section 177A. reporting period , for part 9A, see section 177A. third party , for part 9A, see section 177A. vehicle , for part 9A— (a) means a vehicle under the Transport Operations (RoadUse Management) Act 1995 ; and (b) includes a vessel under that Act.’. (3) Section 3, definition how-to-vote card , paragraph (c), ‘casting’— omit, insert— ‘making’. 5 Amendment of s 18 (Delegation by commission) (1) Section 18— insert— ‘(2A) The commission must not delegate its power under section 177DM(1) or 177EJ(1).’. (2) Section 18(3), after ‘part 3’— insert— ‘or section 177DM(1) or 177EJ(1)’. 6 Amendment of s 66 (Provisional enrolment) (1) Section 66(1)(a)— omit, insert — ‘(a) is 16 or 17; and’. (2) Section 66(1)(c), ‘the person’— omit . Page 16 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 7] 7 Amendment of s 99 (Scrutineers) Section 99(2), ‘and each office’— omit, insert— ‘each pre-poll voting office and each other office’. 8 Amendment of s 101 (Who may vote) Section 101(1)— insert — ‘(d) persons who— (i) are not enrolled, but are entitled to be enrolled, on the electoral roll for the district; and (ii) after the cut-off day for electoral rolls and no later than 5p.m. on the day before the polling day, have given a notice to an electoral registrar for the district under section 65.’. 9 Amendment of s 102 (Procedure for voting) (1) Section 102(1), after ‘who’— insert— ‘makes a pre-poll ordinary vote under section 104C or who’. (2) Section 102(4), after ‘If’— insert— ‘the elector’. (3) Section 102(4)(a), ‘the elector’— omit. 10 Insertion of new pt 6, div 5, sdiv 1A After section 104— insert— 2011 Act No. 14 Page 17
Electoral Reform and Accountability Amendment Act 2011 [s 10] ‘Subdivision 1A Pre-poll ordinary voting ‘104A Pre-poll ordinary voting ‘(1) This section applies to an elector, other than one who must make a declaration vote under subdivision 2, who— (a) wishes to vote before the polling day for an election; and (b) wishes to do so other than by making a declaration vote under subdivision 2. ‘(2) If there is a pre-poll voting office for the electoral district for which the elector is enrolled, the elector may make a vote under section 104C (a pre-poll ordinary vote ). ‘104B Pre-poll voting offices ‘(1) The commission may declare, by gazette notice, for an election— (a) a stated place to be a place where an elector enrolled in a stated electoral district may make a pre-poll ordinary vote (a pre-poll voting office for the electoral district); and (b) the times during which electors are allowed to make a pre-poll ordinary vote at the pre-poll voting office. ‘(2) The commission may, in a declaration under subsection (1) or by gazette notice under this subsection, declare that a particular pre-poll voting office located in an electoral district is also a pre-poll voting office for 1 or more other electoral districts. ‘(3) If the commission makes a declaration under subsection (1) or (2), the commission may also publish the declaration in any other ways the commission considers appropriate including, for example, on the commission’s website. ‘104C Procedure for pre-poll ordinary voting ‘(1) An elector who wishes to vote during the period beginning 3 days after the cut-off day for nominations and ending at 6p.m. Page 18 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 10] on the day before polling day may make a pre-poll ordinary vote by following the procedures set out in this section. ‘(2) The elector is to go to a pre-poll voting office for the electoral district for which the elector is enrolled. ‘(3) At the pre-poll voting office, the elector is to request a ballot paper from an issuing officer. ‘(4) If the elector— (a) has a ballot paper and declaration envelope for the election; and (b) does not intend to make a declaration vote under subdivision 2; the elector must give the papers to the issuing officer. ‘(5) The issuing officer must issue a ballot paper to a person requesting one only if the issuing officer is satisfied that the person is entitled to vote at the election for the electoral district. ‘(6) The issuing officer may ask of a person requesting a ballot paper questions for the purpose of deciding whether the person is entitled to vote at the election for the electoral district. ‘(7) If, after the issuing officer has asked questions under subsection (6), the issuing officer suspects that a person claiming to be a particular elector is not the elector, the issuing officer must comply with section 112. ‘(8) The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section. ‘(9) The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote. ‘(10) On being given the ballot paper, the elector must, without delay— (a) go alone to an unoccupied voting compartment in the pre-poll voting office; and 2011 Act No. 14 Page 19
Electoral Reform and Accountability Amendment Act 2011 [s 10] (b) there, in private, mark a vote on the ballot paper in accordance with section 113; and (c) fold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and (d) leave the pre-poll voting office. ‘104D Help to enable electors to vote at pre-poll voting offices ‘(1) Subject to subsection (2), if an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the pre-poll voting office by another person chosen by the elector. ‘(2) The other person may help the elector in any of the following ways— (a) acting as an interpreter; (b) explaining the ballot paper and the requirements of section 113 relating to its marking; (c) marking, or helping the elector to mark, the ballot paper in the way the elector wishes; (d) folding the ballot paper and putting it in the ballot box. ‘(3) If an elector is unable to enter a pre-poll voting office because of illness, disability or advanced pregnancy, but is able to come to a place (the voting place ) close to the pre-poll voting office, then, subject to subsection (4)— (a) the issuing officer may perform the issuing officer’s functions; and (b) the voter may vote; at the voting place as if it were the pre-poll voting office. ‘(4) The issuing officer must— (a) before taking any action under subsection (3), inform any scrutineers present of the proposed action; and (b) allow only 1 scrutineer for each candidate to be present at the voting place; and Page 20 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 11] (c) ensure that, after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put into an envelope and sealed; and (d) open the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box.’. 11 Amendment of s 106 (Who must make a declaration vote) Section 106(d), after ‘101(1)(b)’— insert — ‘or (d)’. 12 Amendment of s 110 (Making a declaration vote using posted voting papers) Section 110(1), ‘by writing’— omit, insert— ‘in an approved form’. 13 Amendment of s 112 (Making a declaration vote in cases of uncertain identity) Section 112(1), after ‘102(7)’ insert— ‘or 104C(7)’. 14 Amendment of s 118 (Preliminary counting of ordinary votes) Section 118— insert— ‘(3A) This section also applies to pre-poll ordinary votes received by the commission for an electoral district in the same way as it would apply if a pre-poll voting office were a polling booth 2011 Act No. 14 Page 21
Electoral Reform and Accountability Amendment Act 2011 [s 14A] for the electoral district, to the extent to which it is reasonably practicable for pre-poll ordinary votes to be counted on polling day and subject to any prescribed changes and any other necessary changes.’. 14A Omission of pt 7 Part 7— omit. 15 Insertion of new pt 9A After section 177— insert— ‘Part 9A Election funding and financial disclosure ‘Division 1 Interpretation ‘177A Definitions ‘In this part— agent means an agent of a registered political party, candidate or third party appointed under division 2. applicable expenditure cap means the amount calculated under section 177IA. associated entity means an entity that— (a) is controlled by 1 or more registered political parties; or (b) operates wholly or to a significant extent for the benefit of 1 or more registered political parties. auditor means an individual who— (a) has the qualifications or experience prescribed for this definition; and Page 22 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (b) is not, and has not ever been, a member of a political party. by-election means an election of a member of the Legislative Assembly between general elections. capped expenditure period — (a) for the first general election held after the date of assent of the Electoral Reform and Accountability Amendment Act 2011 , means the period— (i) starting on the day after the date of assent; and (ii) ending at 6p.m. on the polling day for the election; and (b) for another general election, means the period— (i) starting on the earlier of the following days— (A) the day that is 2 years after the polling day for the last election; (B) the day of the issue of the writ for the election; and (ii) ending at 6p.m. on the polling day for the election; and (c) for a by-election, means the period starting on the day the writ for the by-election is issued and ending at 6p.m. on the polling day for the by-election. disclosure period see section 177AA. disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes— (a) the allotment of shares in a company; and (b) the creation of a trust in property; and (c) the grant or creation of a lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and 2011 Act No. 14 Page 23
Electoral Reform and Accountability Amendment Act 2011 [s 15] Page 24 (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in property; and (e) the exercise by a person of a general power of appointment of property in favour of another person; and (f) any transaction entered into by a person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person. elected member means a member of the Legislative Assembly. electoral expenditure see section 177AB. financial controller , of an associated entity, means— (a) if the entity is a corporation—the secretary of the corporation; or (b) if the entity is the trustee of a trust—the trustee; or (c) if the entity is a corporation that is the trustee of a trust—the secretary of the corporation; or (d) otherwise—the person responsible for keeping the financial records of the entity. fundraising contribution see section 177AC. gift see section 177AD. independent candidate means a candidate who is not endorsed by a registered political party. independent member see section 177EC. information notice , about a decision, means a notice stating the following— (a) the decision; (b) the reasons for it; (c) that the person to whom the notice is given may apply to the commissioner for a review of the decision within 20 business days after the person receives the notice; 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (d) how to apply for a review. journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge. loan means any of the following made other than by use of a credit card— (a) an advance of money; (b) a provision of credit or another form of financial accommodation; (c) a payment of an amount for, on account of, on behalf of or at the request of, an entity, if there is an express or implied obligation to repay the amount; (d) a transaction (whatever its terms or form) that in substance effects a loan of money. payment direction see section 177DE. political donation see section 177F. register of agents means the register kept under section 177BD. registered , for an election, means registered under part 5. registered industrial organisation means— (a) a body registered as an industrial organisation, or a body whose registration was continued or preserved, under the Industrial Relations Act 1999 ; or (b) an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth) or the law of another State or territory about the registration of industrial organisations or unions. registered third party means an entity registered under division 12. reporting period means— (a) the first 6 months of a financial year; or (b) a full financial year. 2011 Act No. 14 Page 25
Electoral Reform and Accountability Amendment Act 2011 [s 15] third party means an entity other than a registered political party, an associated entity or a candidate. ‘177AA Meaning of disclosure period ‘(1) The disclosure period , for an election (the relevant election ), is the period that starts— (a) for a candidate in the relevant election who had been a candidate in a general election or by-election the polling day for which was within the prescribed time before the polling day for the relevant election—at the end of the prescribed time after polling day for the last general election or by-election in which the person was a candidate; or (b) for a candidate in the relevant election who had not been a candidate in a general election or by-election the polling day for which was within the prescribed time before the polling day for the relevant election, on the earlier of the following days— (i) the day on which the person announced that the person would be a candidate in the relevant election; (ii) on the day on which the person nominated as a candidate; or (c) for a person or organisation to which section 177GC(1) or 177GD(1) applies, at the end of the prescribed time after the polling day for the last general election. ‘(2) A disclosure period for an election ends at the prescribed time after the polling day for the election. ‘177AB Meaning of electoral expenditure ‘In this part, electoral expenditure means expenditure incurred (whether or not incurred during the capped expenditure period for an election) on, or a gift in kind given that consists of— Page 26 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (a) the broadcasting, during the capped expenditure period for the election, of an advertisement that advocates a vote for or against a candidate or for or against a registered political party; or (b) the publishing in a journal, during the capped expenditure period for the election, of an advertisement that advocates a vote for or against a candidate or for or against a registered political party; or (c) the publishing on the internet, during the capped expenditure period for the election, of an advertisement that advocates a vote for or against a candidate or for or against a registered political party, even if the internet site on which the publication is made is located outside Queensland; or (d) the display, during the capped expenditure period for the election, at a theatre or other place of entertainment, of an advertisement that advocates a vote for or against a candidate or for or against a registered political party; or (e) the production of an advertisement that advocates a vote for or against a candidate or for or against a registered political party, being an advertisement that is broadcast, published or displayed as mentioned in paragraph (a), (b), (c) or (d); or (f) the production of any material (other than material mentioned in paragraph (a), (b), (c) or (d)) that— (i) advocates a vote for or against a candidate or for or against a registered political party; and (ii) is required under section 161 to include the name and address of the author of the material or of the person authorising the material; and (iii) is used during the capped expenditure period for the election; or (g) the production and distribution of material that— (i) advocates a vote for or against a candidate or for or against a registered political party; and (ii) is addressed to particular entities; and 2011 Act No. 14 Page 27
Electoral Reform and Accountability Amendment Act 2011 [s 15] (iii) is distributed during the capped expenditure period for the election; or (h) the carrying out, during the capped expenditure period for the election, of an opinion poll, or other research, relating to the election. ‘177AC Meaning of fundraising contribution ‘(1) A fundraising contribution means an amount paid by a person as a contribution, entry fee or other payment to entitle that person or another person to participate in or otherwise obtain a benefit from a fundraising venture or function. ‘(2) Without limiting subsection (1), a fundraising contribution includes— (a) an amount paid for a ticket in a raffle; and (b) an amount paid for an item at a fundraising auction. ‘177AD Meaning of gift ‘(1) A gift means a disposition of property made by a person to someone else, otherwise than by will, being a disposition made without consideration in money or money’s worth or with inadequate consideration. ‘(2) Without limiting subsection (1), a gift includes— (a) the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration; and (b) uncharged interest on a loan made by a person to someone else. ‘(3) For subsection (2)(b), uncharged interest is the additional amount that would have been payable by a person if— (a) the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind; and (b) any interest payable had not been waived; and Page 28 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (c) any interest payments were not capitalised. ‘(4) A gift does not include— (a) a fundraising contribution of $200 or less; or (b) if a fundraising contribution is an amount of more than $200, the first $200 of the fundraising contribution; or (c) a payment under division 4 or 5; or (d) an annual subscription paid to a political party by a person for the person’s membership of the party; or (e) the provision of volunteer labour; or (f) the incidental or ancillary use of— (i) a volunteer’s vehicle or equipment; or (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer. ‘(5) For this part, the amount or value of a gift consisting of or including a disposition of property other than money must, if the regulation provides, be decided under principles stated or mentioned in the regulation. ‘177AE References to registered political party ‘(1) A reference in this part to things done by or for a registered political party must, if the party is not a corporation, be read as a reference to things done by or with the authority of a member or officer of the party for the party. ‘(2) A reference in this part to a registered political party, other than a reference to the endorsement of a candidate in an election, does not include a reference to a part of the political party. ‘177AF Electoral committee to be treated as part of candidate ‘(1) Divisions 3, 4, 6 and 9 apply as if an electoral committee for a registered political party for an electorate were the candidate endorsed by the party for the electorate. 2011 Act No. 14 Page 29
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) In this section— electoral committee , for a registered political party for an electorate, means a committee established by the party to help elect a candidate in the electorate. ‘177AG Associated entity to be treated as part of party for particular purposes ‘If a political party has an associated entity, divisions 3, 4, 6 and 9 apply as if— (a) the political party and the associated entity together constituted the political party (the recipient party ); and (b) a donation made by a person to the political party or the associated entity were a gift made by the person to the recipient party. ‘177AH Related corporations ‘For this part— (a) a corporation and another corporation that is related to the first-mentioned corporation must be taken to be the same person; and (b) the question whether a corporation is related to another corporation must be decided in the same way as the question whether a corporation is related to another corporation is decided under the Corporations Act. ‘Division 2 Agents ‘177B Agents of registered political parties ‘A registered political party must have an agent for this part. ‘177BA Appointment of agents by candidates ‘(1) A candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election. Page 30 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) During any period for which there is no appointment in force under subsection (1) of an agent of a candidate, the candidate is taken to be his or her own agent for this part. ‘177BB Appointment of agents by registered third party ‘(1) A registered third party that is not an individual must have an agent for this part. ‘(2) A registered third party who is an individual may appoint a person to be the agent of the third party, for this part, for the election. ‘(3) During any period for which there is no appointment in force of an agent of a registered third party who is an individual, the third party is taken to be the third party’s own agent for this part . ‘177BBA Appointment of agents by unregistered third parties ‘(1) An unregistered third party may appoint a person to be the agent of the third party for this part. ‘(2) During any period for which there is no appointment in force under subsection (1) for a third party— (a) if the third party is a person, the third party is taken to be the third party’s own agent for this part; or (b) if the third party is not a person, each member of the executive committee of the third party is taken to be the agent of the third party. ‘177BC Requisites for appointment ‘(1) An appointment of an agent has no effect unless— (a) the person appointed is an adult; and (b) written notice of the appointment is given to the commission— (i) by the party if the appointment is made by a registered political party; and 2011 Act No. 14 Page 31
Electoral Reform and Accountability Amendment Act 2011 [s 15] (ii) by the candidate if the appointment is made by a candidate; and (iii) by the third party if the appointment is made by a registered third party; and (c) the name and address of the person appointed are stated in the notice; and (d) the person appointed has signed— (i) a form of consent to the appointment; and (ii) a declaration that the person is eligible for appointment. ‘(2) A consent or declaration under subsection (1) must be— (a) incorporated in, or written on the same paper as, the notice under subsection (1)(b); or (b) attached to that notice. ‘(3) If a person who is the agent is convicted of an offence against this part for a particular election, the person is not eligible to be appointed or to hold office as an agent for this part for any subsequent election. ‘(4) An appointment (other than an appointment by a registered political party or registered third party) is not effective for anything required by this part to be done— (a) for a claim or return under this part for an election; or (b) during a specified period after polling day for an election; if notice of the appointment was given to the commission after the close of nominations for the election. ‘177BD Register of agents ‘(1) The commission must keep a register called the register of agents. ‘(2) There must be entered in the register the name and address of every person appointed to be an agent of a registered political party or third party for this part. Page 32 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177BE Effect of registration ‘(1) The appointment of an agent— (a) takes effect on the entry of the name and address of the agent in the register of agents; and (b) ceases to have effect if the name and address of the agent are removed from the register. ‘(2) The name and address of a person must not be removed from the register unless— (a) the person gives to the commission written notice that the person has resigned the appointment as agent; or (b) the entity that appointed the person gives to the commission— (i) written notice that states the person has ceased to be an agent of the entity; and (ii) if the entity is required under this division to have an agent, written notice under section 177BC of a person as agent in place of the agent who resigned; or (c) the person is convicted of an offence against this part; or (d) the party’s registration is cancelled. ‘(3) If a person who is an agent dies, the entity by which the person was appointed must, within 28 days after the death of the person, give to the commission— (a) written notice of the death; and (b) if the entity is required under this division to have an agent, written notice under section 177BC of the appointment of a person as agent in place of the deceased person. ‘(4) If a person who is an agent is convicted of an offence against this part and the entity that appointed the agent is required under this division to have an agent— (a) the person ceases to be the agent of the entity on— (i) the day the person is convicted of the offence; or 2011 Act No. 14 Page 33
Electoral Reform and Accountability Amendment Act 2011 [s 15] (ii) if an appeal against the conviction is instituted and the conviction is affirmed, the day the appeal is decided; and (b) the entity must, within 28 days after the person ceases to be the entity’s agent— (i) give to the commission written notice that the person has ceased to be the entity’s agent; and (ii) if the entity is required under this division to have an agent, written notice under section 177BC of the appointment of a person as agent in place of the person who ceased to be the agent. ‘177BF Evidence of appointment ‘An entry in the register of agents is, for all purposes, evidence that the person described in the entry is the agent, for this part, of the entity named in the entry. ‘177BG Responsibility for action when agent of party dead or appointment vacant ‘(1) This section applies if— (a) division 3, 4, 6, 7, 8, 9, 10 or 11 imposes an obligation on the agent of a registered political party; and (b) there is no agent of the party. ‘(2) The obligation rests on each member of the executive committee of the party, and this part applies to each member of the committee as if the obligation rested on that member alone. ‘177BH Responsibility for action when agent of registered third party dead or appointment vacant ‘(1) This section applies if— (a) division 3, 4, 6, 7, 8, 9, 10 or 11 imposes an obligation on the agent of a registered third party; and (b) there is no agent of the third party. Page 34 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) The obligation rests on the third party if the third party is a person. ‘(3) However, if the third party is not a person, the obligation rests on each member of the executive committee of the third party, and this part applies to each member of the committee as if the obligation rested on that member alone. ‘177BI Revocation of appointment of agent ‘(1) A candidate, or a registered third party who is an individual, may, by written notice given to the commission, revoke the appointment of a person as the agent of the candidate or registered third party. ‘(2) A notice under subsection (1) has no effect unless it is signed by the candidate or registered third party. ‘177BJ Notice of death or resignation of agent of candidate or registered third party ‘If the agent of a candidate, or the agent of an individual who is a registered third party, dies or resigns, the candidate or registered third party must, without delay, give to the commission a written notice of the death or resignation. ‘Division 3 State campaign accounts ‘177C Requirement to keep State campaign account ‘Each of the following entities must keep a separate account (a State campaign account ) with a financial institution for State campaign elections— (a) the agent of a registered political party, candidate or registered third party; (b) the agent of an unregistered third party that receives a political donation. Maximum penalty—200 penalty units. 2011 Act No. 14 Page 35
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177CA Political donations to be paid into State campaign account ‘An agent must ensure each political donation that is an amount of money received by or on behalf of the registered political party, candidate or third party is paid into the State campaign account kept by the agent of the party, candidate or third party, unless the donation is made or received in contravention of division 6. Maximum penalty—200 penalty units. ‘177CB Payments into State campaign account ‘(1) The agent of a registered political party or candidate must ensure that only the following amounts of money are paid into the State campaign account kept by the agent— (a) a political donation, if the donation is not made or received in contravention of division 6; (b) an amount of election funding paid to the registered political party or candidate for election funding by the commission under division 4, including a payment made to a registered political party at the direction of a candidate; (c) an amount contributed by the candidate from the candidate’s own personal funds; (d) an amount left to the registered political party or candidate in a person’s will; (e) an amount borrowed by the registered political party or candidate; Note — See division 6, which provides that unpaid debts may constitute political donations in particular circumstances, and section 177HE, which provides for restrictions on the loans that may be received by registered political parties, candidates and others. (f) an amount that is a return on an investment made by the registered political party or candidate if the amount invested was paid from the State campaign account; Page 36 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (g) a fundraising contribution of $200 or less or, if the fundraising contribution is more than $200, the first $200 of the fundraising contribution; (h) an amount, not more than $500, that is an individual’s annual subscription paid to the registered political party for the person’s membership of the party; (i) an amount that is a compulsory levy imposed by the registered political party under its constitution on elected members. Maximum penalty—100 penalty units. ‘(1A) The agent of a third party must ensure the following donations are not paid into the third party’s campaign account— (a) a donation that is not a political donation; (b) a political donation that is made or received in contravention of division 6. Maximum penalty—200 penalty units. ‘(2) A person does not commit an offence against subsection (1) or (1A) if the person, on becoming aware that an amount of money was paid into the State campaign account in contravention of that subsection, takes all reasonable steps to immediately withdraw the amount from the account. ‘177CC Obligation to repay amount borrowed ‘If an agent of a registered political party or candidate pays an amount of money that is borrowed by the party, member or candidate into the State campaign account kept by the agent, the agent must ensure the amount borrowed is repaid from the State campaign account. Maximum penalty—200 penalty units. 2011 Act No. 14 Page 37
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘Division 4 Election funding ‘Subdivision 1 Preliminary ‘177D Interpretation ‘For this division, if a registered political party and a candidate endorsed by the registered political party both claim to have incurred the same item of electoral expenditure, the electoral expenditure is taken to be electoral expenditure incurred by the party. ‘Subdivision 2 Entitlement to election funding ‘177DA Entitlement to election funding—registered political parties ‘(1) A registered political party is entitled to election funding under this section for all elections held on the same day if, in relation to a candidate whom the party endorses in an election, the total number of formal first preference votes given for the candidate is at least 4% of the total number of formal first preference votes made in the election. ‘(2) The amount of election funding to which the registered political party is entitled is— (a) if the registered political party incurs electoral expenditure for the election of not more than 10% of the applicable expenditure cap, 100% of the expenditure; and (b) if the registered political party incurs electoral expenditure for the election of more than 10% but not more than 90% of the applicable expenditure cap— (i) 100% of the first 10% of the electoral expenditure; and (ii) 75% of the remaining electoral expenditure; and Page 38 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (c) if the registered political party incurs electoral expenditure for the election of more than 90% of the applicable expenditure cap— (i) 100% of the first 10% of the electoral expenditure; and (ii) 75% of the electoral expenditure that is more than 10% but not more than 90% of the applicable expenditure cap; and (iii) 50% of the next 10% of the electoral expenditure. ‘177DB Entitlement to election funding—candidates ‘(1) A candidate in an election is entitled to election funding under this section if the total number of formal first preference votes given for the candidate in the election is at least 4% of the total number of formal first preference votes made in the election. ‘(2) The amount of election funding to which the candidate is entitled is— (a) if the candidate incurs electoral expenditure for the election of not more than 10% of the applicable expenditure cap, 100% of the expenditure; and (b) if the candidate incurs electoral expenditure for the election of more than 10% but not more than 90% of the applicable expenditure cap— (i) 100% of the first 10% of the electoral expenditure; and (ii) 50% of the remaining electoral expenditure; and (c) if the candidate incurs electoral expenditure for the election of more than 90% of the applicable expenditure cap— (i) 100% of the first 10% of the electoral expenditure; and 2011 Act No. 14 Page 39
Electoral Reform and Accountability Amendment Act 2011 [s 15] (ii) 50% of the electoral expenditure that is more than 10% but not more than 90% of the applicable expenditure cap; and (iii) 25% of the next 10% of the electoral expenditure. ‘177DC Advance payment of election funding ‘(1) A registered political party or a candidate in an election is entitled to be paid an amount of the election funding in advance of the election (an advance payment ) if the party or candidate was entitled to election funding at the previous election. ‘(2) The advance payment to which the registered political party or candidate is entitled is 50% of the amount of election funding the party or candidate was paid for the previous election. ‘(3) However, for the first general election held after the commencement of this section a registered political party or candidate is entitled to 50% of the amount of election funding the party would have been paid for the last general election if— (a) the funding had been calculated using the formula mentioned in section 177DA or 177DB; and (b) for applying the formula, the applicable expenditure cap were the applicable expenditure cap for the first financial year after the commencement. ‘(4) The advance payment may be paid, as a lump sum or in instalments, at any time after the commencement of the capped expenditure period for the election to which the advance payment relates. ‘(5) The amount of the advance payment is to be deducted from the amount of election funding payable under section 177DA or 177DB to the registered political party or candidate. ‘(6) If the amount of the advance payment is more than the amount of election funding to which the registered political party or candidate is entitled under section 177DA or 177DB for the election, the agent of the party or candidate must repay the Page 40 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] excess amount to the commission within 60 days after the day for the return of the writs for the election. ‘Subdivision 3 Claims for election funding ‘177DD Need for a claim ‘(1) To be paid an amount of election funding, the agent of a registered political party or candidate must make a claim. ‘(2) A claim, other than a claim for an advance payment, must state all electoral expenditure for which election funding is sought. ‘177DE Candidate may give direction about payment of election funding ‘(1) An agent of a candidate may, at any time, give the commission a direction (a payment direction ) that election funding to which the candidate is, or may be, entitled for an election should be paid to a registered party that endorsed the candidate in the election. ‘(2) A payment direction — (a) must be in writing; and (b) may be revoked by the candidate’s agent, by written notice given to the commission, with the consent of the agent of the registered political party. ‘177DF Electoral expenditure incurred ‘(1) A claim for election funding, other than an advance payment, made by the agent of a registered political party must state electoral expenditure— (a) incurred by the party for all elections held on the same day; and (b) for which election funding is sought. 2011 Act No. 14 Page 41
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) A claim for election funding, other than an advance payment, made by the agent of a candidate in an election must state electoral expenditure— (a) incurred by the candidate for the election; and (b) for which election funding is sought. ‘(3) A claim for an advance payment must state the amount of election funding paid to the registered political party or candidate at the last election. ‘177DG Form of claim ‘(1) A claim must be in the approved form. ‘(2) The approved form must, if the form requires, be verified by statutory declaration. ‘177DH Lodging of claim ‘(1) A claim for election funding, other than an advance payment, for an election or elections must be lodged with the commission— (a) during the period of 20 weeks after the polling day for the election or elections to which the claim relates; or (b) within a longer period the commission, before the end of the period specified in paragraph (a), fixes. ‘(2) A claim for an advance payment for an election must be lodged with the commission before the later of the following— (a) 6 weeks before the capped expenditure period for the election starts; (b) the day the writs for the election are issued. ‘(3) The commission must not fix a longer period under subsection (1)(b) unless it is satisfied it is justified in the circumstances. Page 42 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177DI Deciding claim ‘(1) The commission must, after receiving a claim— (a) decide whether to accept or refuse the claim, in whole or in part; and (b) to the extent the commission accepts the claim, pay the amount required by section 177DJ. ‘(2) In deciding whether to accept or refuse a claim for election funding for an election, other than an advance payment, in whole or in part, the commission must only consider— (a) whether expenditure claimed is electoral expenditure; and (b) if expenditure claimed is electoral expenditure— (i) whether the electoral expenditure was incurred for the election; and (ii) whether the registered political party or candidate is entitled under section 177DA or 177DB to the amount claimed. ‘(3) In deciding whether to accept or refuse a claim for advance payment, in whole or in part, the commission must only consider the amount of election funding paid to the registered political party or candidate at the last election. ‘(4) The commission may, by written notice, require the agent of the registered political party or candidate to provide further information the commission reasonably requires to decide whether to accept or refuse the claim. ‘177DJ Accepting a claim ‘(1) This section applies if— (a) a claim is made by the agent of a registered political party or candidate in relation to an election or elections; and (b) the commission accepts the claim, in whole or in part. ‘(2) The commission must pay the amount under section 177DA(2), 177DB(2) or 177DC, as applicable. 2011 Act No. 14 Page 43
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177DK Refusing a claim ‘If a claim is refused, in whole or in part, the commission must give the agent of the registered political party or candidate to which the claim relates, a notice that states— (a) that the claim has been refused, in whole or in part; and (b) the reasons for the refusal. ‘177DL Application for reconsideration of decision refusing a claim ‘(1) If a claim is refused, in whole or in part, the agent of the registered political party or candidate to which the claim relates may apply to the commission for the commission to reconsider the decision. ‘(2) The application must— (a) be in writing; and (b) set out the reasons for the application. ‘(3) The application must be made within— (a) 28 days after the day on which the relevant agent is notified of the refusal; or (b) if, either before or after the end of that period of 28 days, the commission extends the period within which the application may be made—the extended period for making the application. ‘177DM Reconsideration by commission ‘(1) On receiving an application under section 177DL, the commission must— (a) reconsider the decision; and (b) decide to— (i) affirm the decision; or (ii) vary the decision; or (iii) set aside the decision and make another decision. Page 44 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) The commission must give to the relevant agent a notice stating the decision on the reconsideration together with a statement of the reasons for the decision. ‘(3) If the commission’s decision on the reconsideration would require an amount, or an additional amount, of election funding to be paid, the commission must pay the amount within 20 days after the day of its decision. ‘Subdivision 4 Payments of election funding ‘177DN Making of payments ‘(1) If the commission is satisfied an amount of election funding claimed by the agent of a registered political party is payable to the party, the commission must pay the amount into the party’s State campaign account. ‘(2) If the commission is satisfied an amount of election funding claimed by the agent of a candidate is payable to the candidate, the commission must pay the amount— (a) into the candidate’s State campaign account; or (b) if the candidate has given the commission a payment direction, into the registered political party’s State campaign account. ‘(3) If a payment is made under this division and the recipient is not entitled to receive the whole or a part of the amount paid, whether because of a false statement in a claim or otherwise, the amount or the part of the amount may be recovered by the State as a debt due to the State. ‘Subdivision 5 Miscellaneous ‘177DO Death of candidates ‘If a candidate who dies would, but for his or her death, have been entitled to election funding under this division, the commission may pay the election funding to— 2011 Act No. 14 Page 45
Electoral Reform and Accountability Amendment Act 2011 [s 15] (a) if a payment direction was in force in relation to the election funding, the registered political party mentioned in the payment direction; or (b) otherwise, the candidate’s legal personal representative. ‘177DP Varying decisions accepting claims ‘(1) The commission may vary a decision (the claim decision ) made under section 177DI to accept an amount of electoral expenditure stated in a claim if the commission is satisfied— (a) the amount of electoral expenditure should not have been accepted; or (b) only a lesser amount of electoral expenditure should have been accepted. ‘(2) If the commission makes a decision (the variation decision ) to vary the claim decision, sections 177DK, 177DL and 177DM apply in relation to the variation decision as if it were, to the extent of the variation, a decision of the commission to refuse the claim. ‘(3) If the commission makes a variation decision, and the total amount of election funding that has been paid to a person under the claim decision exceeds the amount that, under the variation decision, should have been paid to the person— (a) the amount of the excess is an overpayment; and (b) the overpayment may be recovered by the State as a debt due to the State. Page 46 2011 Act No. 14
‘Division 5 Electoral Reform and Accountability Amendment Act 2011 [s 15] Administrative expenditure funding ‘Subdivision 1 Preliminary ‘177E Meaning of administrative expenditure ‘(1) Administrative expenditure , for an independent member, means expenditure for the administrative and operating expenses of the member in his or her capacity as a member. ‘(2) Without limiting subsection (1), administrative expenditure for an independent member includes the following— (a) expenditure for the administration or management of the activities of the member in his or her capacity as a member; (b) expenditure for conferences, seminars, meetings or other functions at which the policies of the member are discussed or formulated; (c) expenditure on giving information to the public, or a section of the public, about the member but only if the expenditure is not electoral expenditure; (d) expenditure on giving information to supporters of the member but only if the expenditure is not electoral expenditure; (e) expenditure in relation to the audit of any of the following— (i) the financial accounts of the member; (ii) claims for payment by the member, or an agent of the member, under this Act; (iii) disclosures by the member, or an agent of the member, under this Act; (f) expenditure on the remuneration of staff engaged in an activity mentioned in paragraph (a), (b), (c), (d) or (e) on behalf of the member to the extent the remuneration relates to the time spent by the staff on the activity; 2011 Act No. 14 Page 47
Electoral Reform and Accountability Amendment Act 2011 [s 15] (g) expenditure on the acquisition and operation of equipment or vehicles used for an activity mentioned in paragraph (a), (b), (c), (d) or (e) to the extent the acquisition and operation relates to the use of the equipment or vehicle for the activity; (h) expenditure on office accommodation for staff mentioned in paragraph (f) and equipment mentioned in paragraph (g). ‘(3) However, administrative expenditure for an independent member does not include the following— (a) electoral expenditure; (b) expenditure for which the member may claim a parliamentary allowance as a member. ‘Subdivision 2 Administrative funding for registered political parties ‘177EA Eligibility of political party for administrative funding ‘(1) A registered political party is eligible for administrative funding if— (a) the political party was a registered political party on the polling day for the last general election and continues to be a registered political party on the day the entitlement for the payment is decided; and (b) candidates endorsed by the political party were elected at the last general election and the commission is satisfied the members claimed, during the election period for the election, to be endorsed by the political party; and (c) the commission is satisfied the members continue to be members of the political party on the day the entitlement for the payment is decided. ‘(2) However, a registered political party is not eligible for administrative funding under this division if the agent of the party has, by written notice given to the commission, Page 48 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] indicated that it does not wish to receive administrative funding under this Act. ‘177EB Amount of administrative funding for which eligible registered political parties are eligible ‘(1) A registered political party is entitled to be paid administrative funding for the following periods— (a) the period (the initial period ) starting on 1 January 2011 and ending on 30 June 2011; (b) the period (the first funding period ) starting on 1 July in each subsequent financial year and ending on 31 December in that year; (c) the period (the second funding period ) starting on 1 January in each subsequent financial year and ending on 30 June in that year. ‘(2) The commission must pay each registered political party the administrative funding to which it is entitled by the following days— (a) the amount for the initial funding period, by 1 July 2011; (b) the amount for the first funding period during a financial year, by 31 July in that year; (c) the amount for the second funding period during a financial year, by 31 January in that year. ‘(3) The administrative funding to which a registered political party is entitled is the lesser of the following amounts— (a) the total of the electoral district amounts for each elected member who— (i) on the day the entitlement for the payment is decided, is a member of the party; and (ii) received at least 4% of the formal first preference votes at the last general election; (b) the State-wide amount. ‘(4) For subsection (3)— 2011 Act No. 14 Page 49
Electoral Reform and Accountability Amendment Act 2011 [s 15] (a) the electoral district amount for an elected member is— (i) $40000 for the initial period; and (ii) the amount calculated under subsections (5) to (7) for each funding period during subsequent financial years; and (b) the State-wide amount is— (i) $1m for the initial period; and (ii) the amount calculated under subsections (5) to (7) for each funding period during subsequent financial years. ‘(5) The electoral district amount or State-wide amount is adjusted for each financial year on 1 July using the formula— - A ----- C ----- B --- ‘(6) However, if, for a particular financial year, adjustment of the electoral district amount or State-wide amount would reduce the amount, the amount is not to be adjusted for the year. ‘(7) If an amount is not a whole number multiple of $100, the amount is to be rounded up to the nearest whole number multiple of $100. ‘(8) In this section— A is the electoral district amount or State-wide amount immediately before 1 July in a year. B is the CPI number published for the March quarter in the year. C is the CPI number published for the March quarter in the previous year. CPI means the all groups consumer price index for Brisbane published by the Australian Statistician. Page 50 2011 Act No. 14
‘Subdivision 3 Electoral Reform and Accountability Amendment Act 2011 [s 15] Administrative funding for independent members ‘177EC Eligibility of independent members for funding for administrative expenditure ‘A member (an independent member ) is eligible for administrative funding if— (a) the member was not an endorsed candidate of any political party at the last general election; and (b) the commission is satisfied the member is not, on the day the entitlement for the funding is decided, a member of a political party that is entitled to administrative funding . ‘177ED Amount of administrative funding for which independent members are eligible ‘(1) An independent member is entitled to be paid administrative funding for the following periods ( funding periods )— (a) the period (the initial funding period ) starting on 1 January 2011 and ending on 30 June 2011; (b) the period starting on 1 July in each subsequent financial year and ending on 31 December in that year; (c) the period starting on 1 January in each subsequent financial year and ending on 30 June in that year. ‘(2) Subject to subsection (3), the amount of administrative funding payable to an independent member for a funding period is the amount of administrative expenditure incurred by or on behalf of the member during that period. ‘(3) The maximum payment that may be made to an independent member for administrative funding for a funding period is— (a) $20000 for the initial funding period; and (b) the amount calculated under subsections (4) to (6) for each funding period during subsequent financial years. 2011 Act No. 14 Page 51
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(4) The amount of the maximum payment is adjusted for each financial year on 1 July using the formula— - A ----- C ----- B --- ‘(5) However, if, for a particular financial year, adjustment of the amount would reduce the amount, the amount is not to be adjusted for the year. ‘(6) If an amount is not a whole number multiple of $100, the amount is to be rounded up to the nearest whole number multiple of $100. ‘(7) In this section— A is the amount of the maximum payment of administrative funding immediately before 1 July in a year. B is the CPI number published for the March quarter in the year. C is the CPI number published for the March quarter in the previous year. CPI means the all groups consumer price index for Brisbane published by the Australian Statistician. ‘177EE Application for claim ‘(1) For an independent member to be paid an amount of administrative funding, the member’s agent must make a claim. ‘(2) The claim must— (a) be in the approved form; and (b) provide all the information, and be accompanied by any documents, required by the form. ‘(3) The claim must be made within 3 months after the end of the funding period to which the claim relates. Page 52 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177EF Deciding claim ‘(1) The commission must, after receiving a claim— (a) decide whether to accept or refuse the claim, in whole or in part; and (b) to the extent the commission accepts the claim, pay the amount required under this subdivision. ‘(2) In deciding whether to accept or refuse a claim, in whole or in part, the commission must only consider— (a) whether the expenditure claimed is administrative expenditure; and (b) if expenditure claimed is administrative expenditure— (i) whether the administrative expenditure was incurred; and (ii) whether the independent member is entitled under this subdivision to the amount claimed. ‘(3) The commission may, by written notice, require the agent of the independent member to provide further information the commission reasonably requires to decide whether to accept or refuse the claim. ‘177EG Accepting a claim ‘If the commission accepts a claim, in whole or in part, the commission must pay the amount to the agent of the independent member. ‘177EH Refusing a claim ‘If a claim is refused, in whole or in part, the commission must give the agent of the independent member a written notice that states— (a) that the claim has been refused, in whole or in part; and (b) the reasons for the refusal. 2011 Act No. 14 Page 53
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made. ‘177RB Power to require production of documents ‘(1) An authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer— (a) a document issued to the person under this part; or (b) a document required to be kept by the person under this part; or (c) if a document or information required to be kept by the person under this part is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information. ‘(2) A requirement under subsection (1) is a document production requirement . ‘(3) For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document. ‘(4) The authorised officer may keep the document to copy it. ‘(5) If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. ‘(6) A requirement under subsection (5) is a document certification requirement . ‘(7) The authorised officer must return the document to the person as soon as practicable after copying it. ‘(8) However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement. 2011 Act No. 14 Page 135
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177RC Offence to contravene document production requirement ‘(1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units. ‘(2) It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. Note — See, however, section 177SF. ‘(3) The authorised officer must inform the person, in a way that is reasonable in the circumstances— (a) that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and (b) that, under section 177SF, there is a limited immunity against the future use of the information or document given in compliance with the requirement. ‘(4) If the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1). ‘(5) If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement. ‘177RD Offence to contravene document certification requirement ‘(1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Page 136 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] Maximum penalty—200 penalty units. ‘(2) It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. Note — See, however, section 177SF. ‘(3) The authorised officer must inform the person, in a way that is reasonable in the circumstances— (a) that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and (b) that, under section 177SF, there is a limited immunity against the future use of the information or document given in compliance with the requirement. ‘(4) If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1). ‘177RE Power to require information ‘(1) This section applies if an authorised officer reasonably believes— (a) an offence against this part has been committed; and (b) a person may be able to give information about the offence. ‘(2) The authorised officer may, by notice given to the person, require the person to give the authorised officer information related to the offence at a stated reasonable time and place. ‘(3) A requirement under subsection (2) is an information requirement . 2011 Act No. 14 Page 137
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document. ‘(5) In this section— information includes a document. ‘177RF Offence to contravene information requirement ‘(1) A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 1 year’s imprisonment. ‘(2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty. ‘Division 19 Miscellaneous provisions relating to authorised officers ‘Subdivision 1 Damage ‘177S Duty to avoid inconvenience and minimise damage ‘In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible. Note — See also section 177SB . ‘177SA Notice of damage ‘(1) This section applies if— Page 138 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (a) an authorised officer damages something when exercising, or purporting to exercise, a power; or (b) a person (the assistant ) acting under the direction or authority of an authorised officer damages something. ‘(2) However, this section does not apply to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes— (a) there is no-one apparently in possession of the thing; or (b) the thing has been abandoned. ‘(3) The authorised officer must give notice of the damage to the person who appears to the authorised officer to be an owner, or person in control, of the thing. ‘(4) However, if for any reason it is not practicable to comply with subsection (3), the authorised officer must— (a) leave the notice at the place where the damage happened; and (b) ensure it is left in a conspicuous position and in a reasonably secure way. ‘(5) The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the authorised officer. ‘(6) The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place. ‘(7) If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice. ‘(8) The notice must state— (a) particulars of the damage; and (b) that the person who suffered the damage may claim compensation under section 177SB. 2011 Act No. 14 Page 139
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘Subdivision 2 Compensation ‘177SB Compensation ‘(1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under division 17 or 18. ‘(2) However, subsection (1) does not include loss arising from a lawful seizure or a lawful forfeiture. ‘(3) The compensation may be claimed and ordered in a proceeding— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an alleged offence against this part the investigation of which gave rise to the claim for compensation. ‘(4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case. ‘(5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant. ‘(6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. ‘(7) Section 177S does not provide for a statutory right of compensation other than is provided by this section. ‘(8) In this section— loss includes costs and damage. Page 140 2011 Act No. 14
‘Subdivision 3 Electoral Reform and Accountability Amendment Act 2011 [s 15] Other offences relating to authorised officers ‘177SC Giving authorised officer false or misleading information ‘(1) A person must not, in relation to the administration of this part, give an authorised officer information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment. ‘(2) Subsection (1) applies to information or a document given in relation to the administration of this part whether or not the information or document was given in response to a specific power under this part. ‘177SD Obstructing authorised officer ‘(1) A person must not obstruct an authorised officer, or someone helping an authorised officer, exercising a power unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 1 year’s imprisonment. ‘(2) If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and (b) the authorised officer considers the person’s conduct an obstruction. ‘(3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct. 2011 Act No. 14 Page 141
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177SE Impersonating authorised officer ‘A person must not impersonate an authorised officer. Maximum penalty—80 penalty units. ‘Subdivision 4 Other provisions ‘177SF Evidential immunity for individuals complying with particular requirements ‘(1) Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 177PB. ‘(2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding. ‘(3) Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence . ‘177SG Protection from liability for particular persons ‘(1) A designated person does not incur civil liability for an act done, or omission made, honestly and without negligence under this part. ‘(2) If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State. ‘(3) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this part. designated person means— (a) the commissioner; or Page 142 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] (b) an authorised officer; or (c) a person acting under the authority or direction of an authorised officer. ‘177SH Confidentiality of information ‘(1) An authorised officer must not, whether directly or indirectly, disclose confidential information. Maximum penalty—100 penalty units. ‘(2) However, subsection (1) does not apply if— (a) the confidential information is disclosed— (i) in the performance of functions under this part; or (ii) with the written consent of the person to whom the information relates; or (iii) to the person to whom the information relates; or (iv) in a form that could not identify any person; or (b) the disclosure of the confidential information is authorised under an Act or another law. ‘(3) In this section— confidential information means information that has become known to an authorised officer in the course of performing the authorised officer’s functions for this part. ‘Division 20 Appeals, evidence and legal proceedings ‘Subdivision 1 Reviews and appeals ‘177T Right of appeal ‘A person who has a right to be given an information notice about a decision made under this part has a right to appeal against the decision. 2011 Act No. 14 Page 143
Electoral Reform and Accountability Amendment Act 2011 [s 15] Note — Information notices are given under sections 177QF and 177QJ. ‘177TA Appeal process starts with internal review ‘(1) Every appeal against a decision must be, in the first instance, by way of an application for an internal review. ‘(2) A person who has a right to appeal against a decision may apply to the commissioner for a review of the decision. ‘177TB How to apply for review ‘(1) An application for review of a decision must be— (a) in the approved form; and (b) supported by enough information to enable the commissioner to decide the application. ‘(2) The application must be made within 20 business days after— (a) the day the person is given the information notice about the decision; or (b) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision. ‘(3) The commissioner may extend the period for applying for the review. ‘(4) The application must not be dealt with by— (a) the person who made the decision; or (b) a person in a less senior office than the person who made the decision. ‘(5) Subsection (4)— (a) applies despite the Acts Interpretation Act 1954 , section 27A; and (b) does not apply to a decision made by the commissioner. Page 144 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘177TC Stay of operation of decision ‘(1) An application for review of a decision does not stay the decision. ‘(2) However, the applicant may immediately apply for a stay of the decision to the court. ‘(3) The court may stay the decision to secure the effectiveness of the review and a later appeal to the court. ‘(4) The stay— (a) may be given on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be amended or revoked by the court. ‘(5) The period of the stay must not extend past the time when the commissioner makes a review decision about the decision and any later period the court allows the applicant to enable the applicant to appeal against the review decision. ‘(6) An application for review of a decision affects the decision, or carrying out of the decision, only if the decision is stayed. ‘177TD Review decision ‘(1) The commissioner must, within 30 business days after receiving the application— (a) review the decision (the original decision ); and (b) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and (c) give the applicant notice (the review notice ) of the review decision. ‘(2) If the review decision is not the decision sought by the applicant, the review notice must state the following— 2011 Act No. 14 Page 145
Electoral Reform and Accountability Amendment Act 2011 [s 15] (a) the day the notice is given to the applicant (the review notice day ); (b) the reasons for the decision; (c) that the applicant may appeal against the decision to the court within 28 days after the review notice day; (d) how to appeal; (e) that the applicant may apply to the court for a stay of the decision. ‘(3) If the commissioner does not give the review notice within the 30 days, the commissioner is taken to have made a review decision confirming the original decision. ‘177TE Who may appeal ‘A person who has applied for review of an original decision and is dissatisfied with the review decision may appeal to the court against the decision. ‘177TF Procedure for an appeal to the court ‘(1) An appeal to the court is started by filing a notice of appeal with the clerk of the court. ‘(2) A copy of the notice must be served on the commissioner. ‘(3) The notice of appeal must be filed within 28 days after the review notice day. ‘(4) The court may, whether before or after the time for filing the notice of appeal ends, extend the period for filing the notice of appeal. ‘(5) The notice of appeal must state fully the grounds of the appeal. ‘177TG Stay of operation of review decision ‘(1) The court may grant a stay of the operation of a review decision appealed against to secure the effectiveness of the appeal. Page 146 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) A stay— (a) may be granted on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be amended or revoked by the court. ‘(3) The period of a stay stated by the court must not extend past the time when the court decides the appeal. ‘(4) An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. ‘177TH Powers of court on appeal ‘(1) In deciding an appeal, the court— (a) has the same powers as the commissioner in making the review decision appealed against; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. ‘(2) An appeal is by way of rehearing. ‘(3) The court may— (a) confirm the review decision; or (b) set aside the review decision and substitute another decision; or (c) set aside the review decision and return the matter to the commissioner with directions the court considers appropriate. ‘177TI Effect of decision of court on appeal ‘(1) If the court acts to set aside the review decision and return the matter to the commissioner with directions the court considers appropriate, and the commissioner makes a new decision, the new decision is not subject to review or appeal under this subdivision. 2011 Act No. 14 Page 147
Electoral Reform and Accountability Amendment Act 2011 [s 15] ‘(2) If the court substitutes another decision, the substituted decision is taken to be the decision of the commissioner, and the commissioner may give effect to the decision as if the decision was the original decision of the commissioner and no application for review or appeal had been made. ‘Subdivision 2 Evidence and legal proceedings ‘177TJ Evidentiary provisions ‘(1) This section applies to a proceeding under this part. ‘(2) The appointment or power of the commissioner or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of— (a) the appointment; or (b) the power to do anything under this part. ‘(3) A signature purporting to be the signature of the commissioner or an authorised officer is evidence of the signature it purports to be. ‘(4) A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— (a) that a stated document of any of the following types is a document given, issued, kept or made under this part— (i) an appointment, approval or decision; (ii) a direction or requirement; (iii) a notice or other document given under this part; (b) that a stated document is another document kept under this part; (c) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b); (d) that on a stated day— Page 148 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 16] (i) a stated person was given a stated decision, direction or notice under this part; or (ii) a stated requirement under this part was made of a stated person; (e) that a stated amount is payable under this part by a stated person and has not been paid; (f) anything else prescribed under the regulation. ‘177TK Offences under this part are summary ‘(1) An offence against this part is a summary offence. ‘(2) Subject to section 177MA(14), a proceeding for an offence against this part must start within the later of the following periods to end— (a) 1 year after the commission of the offence; (b) 6 months after the offence comes to the complainant’s knowledge but within 2 years after the commission of the offence. ‘177TL Statement of complainant’s knowledge ‘In a complaint starting a proceeding for an offence against this part, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.’. 16 Insertion of new s 179A After section 179— insert— ‘179A Approval of forms ‘The commissioner may approve forms for use under this Act.’. 2011 Act No. 14 Page 149
Electoral Reform and Accountability Amendment Act 2011 [s 17] 17 Insertion of new pt 11, div 5 Part 11— insert— ‘Division 5 Transitional provisions for Electoral Reform and Accountability Amendment Act 2011 ‘Subdivision 1 Purposes, definitions and general approach ‘191 Main purpose of div 5 ‘The main purpose of this division is to provide for provisions of part 9A that are substantially the same as repealed provisions of the previous schedule to be dealt with as replacements of the repealed provisions. ‘192 Definitions for div 5 ‘In this division— commencement means the commencement of the provision in which the term is used. corresponding provision , for a previous provision, means a provision of part 9A that is substantially the same as the previous provision. made includes given and issued. obligation includes duty. previous provision means a provision of the previous schedule, as in force immediately before the commencement. previous schedule means the schedule as in force immediately before the commencement. repealed , in relation to a provision, means as in force before the repeal of the provision by the Electoral Reform and Accountability Amendment Act 2011 . Page 150 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 17] ‘193 Document, action, obligation or protection under previous provision of primary Act ‘(1) This section applies to any of the following— (a) a document made or kept under a previous provision (the relevant previous provision for the document) if the document continued to have effect or was in force immediately before the commencement; (b) an action done under a previous provision (the relevant previous provision for the action) if the action continued to have effect immediately before the commencement; (c) an entity’s obligation under a previous provision (the relevant previous provision for the obligation) if the obligation applied to the entity immediately before the commencement; (d) an entity’s protection under a previous provision (the relevant previous provision for the protection) that applied to the entity immediately before the commencement. ‘(2) Subject to a specific provision of this Act in relation to the document, action, obligation or protection, if there is a corresponding provision for the relevant previous provision for the document, action, obligation or protection, the document, action, obligation or protection— (a) continues in force or to have effect according to its terms; and (b) may be taken to have been made, kept or done under the corresponding provision. ‘(3) Subsection (2)(b) applies whether or not the relevant previous provision refers to the document, action, obligation or protection by reference to a previous provision. ‘(4) Other provisions of this division include examples of the operation of this section. 2011 Act No. 14 Page 151
Electoral Reform and Accountability Amendment Act 2011 [s 17] ‘194 Terminology in things mentioned in s 193(1) ‘(1) This section applies to a document (the relevant document ) that is— (a) a document as mentioned in section 193(1); or (b) evidence of a document, action, obligation or protection as mentioned in section 193(1). ‘(2) A reference in the relevant document to a document, action, obligation or protection as mentioned in section 193(1) is to be read, if the context permits and with the necessary changes to terminology, as if the document, action, obligation or protection were made, kept or done under part 9A. Example for subsection (2) — An instrument of appointment given under the previous schedule by the electoral commission to an authorised officer limiting the powers of the authorised officer is to be read as if the instrument limited the powers of the authorised officer under part 9A. ‘195 Period stated in previous provision ‘(1) This section applies if, in a previous provision, there is a period for doing something, and the period for doing the thing started but did not finish before the commencement. ‘(2) If there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision but ends under the corresponding provision. ‘196 Period or date stated in document given under previous provision ‘(1) This section applies if— (a) there was a previous provision that provided for a document to be made under it; and (b) there is a corresponding provision to the previous provision; and Page 152 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 17] (c) under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. Example for paragraph (c) — a notice under section 335 of the previous schedule, that states a period within which a person who is in control of a thing to be seized must take the thing to a place stated in the notice ‘(2) If the document stated a period for doing something— (a) the stated period continues to apply for doing the thing; and (b) the period continues to have started from when the period started under the previous provision. ‘(3) If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day. ‘197 Action happening before commencement may be relevant to proceeding for particular acts or omissions ‘(1) An action as mentioned in section 193(1) happening before the commencement may be relevant to a proceeding relating to a contravention of a provision of part 9A involving an act or omission that happened after the commencement. ‘(2) This section does not limit the Acts Interpretation Act 1954 , section 20C. ‘(3) In this section— contravention includes an alleged contravention. ‘198 Acts Interpretation Act 1954, s 20 not limited ‘This part does not limit the ActsInterpretationAct1954 , section 20. 2011 Act No. 14 Page 153
Electoral Reform and Accountability Amendment Act 2011 [s 17] ‘Subdivision 2 Transitional provisions relating to particular matters ‘199 Amounts held before the commencement ‘(1) This section applies to an amount of money held by a registered political party, an associated entity, a candidate or a third party before the commencement. ‘(2) Subject to subsection (4), from the commencement the amount or a part of the amount may be deposited— (a) for an amount held by a registered political party, candidate or third party, in the State campaign account kept by the registered political party, candidate or third party; or (b) for an amount held by an associated entity, in the State campaign account kept by a registered political party by which the associated entity is controlled or for which the associated entity operates beneficially. ‘(3) If an amount received as a gift by the registered political party, candidate or third party after 1 January 2011 is deposited in the State campaign account kept by the agent of the party or candidate or the third party, the amount is taken to be a political donation despite section 177F. ‘(4) An amount of money may not be deposited in a State campaign account under this section if the deposit of the amount would constitute a contravention of an applicable donation cap under part 9A, division 6. ‘(5) In this section— candidate includes an elected member or other person who has announced or otherwise indicated an intention to be a candidate in an election. ‘199A Applicable expenditure cap ‘A reference in section 177IA(1) to the first financial year starting after that section commences is taken to be a reference to— Page 154 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 17] (a) if section 177IA commences before 1 July 2011, the financial year that commenced on 1 July 2010; or (b) if section 177IA commences on or after 1 July 2011, the financial year in which the section commences. ‘200 Existing agents ‘(1) This section applies to a person who, immediately before the commencement, was an agent of a registered political party or candidate under the previous schedule. ‘(2) From the commencement, the person continues to be an agent of the registered political party or candidate under part 9A. ‘201 Convictions against previous provision ‘Section 177BC(3) applies to a person convicted of an offence against a previous provision as if the person had been convicted of an offence against part 9A. ‘202 Register of agents ‘The Register of Party Agents kept by the commission under the previous schedule immediately before the commencement is taken, from the commencement, to be the register of agents kept by the commission under part 9A. ‘203 Existing authorised officers ‘(1) This section applies to a person who— (a) before the commencement, was appointed under the previous schedule as an authorised officer; and (b) still held the appointment immediately before the commencement. ‘(2) On the commencement— (a) the person is taken to hold office under part 9A as an authorised officer on the same conditions as the person 2011 Act No. 14 Page 155
Electoral Reform and Accountability Amendment Act 2011 [s 17] held office as an authorised officer before the commencement; and (b) the person’s identity card issued under the previous schedule is taken to be an identity card under part 9A. ‘204 Amendment to renumber ‘(1) On the commencement of this section, the provisions of this Act are amended by numbering and renumbering them in the same way as a reprint may be numbered and renumbered under the Reprints Act 1992 , section 43. ‘(2) Subsection (1) applies to a provision of this Act enacted or otherwise affected (a relevant provision ) by a provision of an amending Act enacted but uncommenced when subsection (1) is commenced (the uncommenced provision ), with the following intent for the relevant provision— (a) if the number of the relevant provision would have changed under subsection (1) had the uncommenced provision commenced— (i) a number is allocated to the relevant provision as if the uncommenced provision had commenced; and (ii) when the uncommenced provision commences, the number of the relevant provision is amended by omitting it and inserting the number allocated to it under subparagraph (i); (b) if the relevant provision would have been omitted or relocated had the uncommenced provision commenced, its number remains the same as it was before the commencement of subsection (1) until the omission or relocation takes effect. ‘(3) Without limiting the ReprintsAct1992 , section 43(4), each reference in this Act to a provision of the Act renumbered under subsection (1), is amended, when the renumbering happens, by omitting the reference to the previous number and inserting the new number. ‘(4) This section expires on the later of the following— Page 156 2011 Act No. 14
Electoral Reform and Accountability Amendment Act 2011 [s 18] (a) the day after the commencement of the last numbering or renumbering of a provision done under the section; (b) 30 December 2011. ‘(5) In this section— amending Act means an Act that amends this Act.’. 18 Omission of schedule (Election Funding and financial disclosure based on part XX of the Commonwealth Electoral Act) Schedule— omit. © State of Queensland 2011 2011 Act No. 14 Page 157
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