Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

2   Commencement

(1)This Act, other than parts 4A and 4B, commences on a day to be fixed by proclamation.

(2)Parts 4A and 4B commence on 1 July 2023.

Part 2    Amendment of City of Brisbane Act 2010

3   Act amended

This part amends the City of Brisbane Act 2010.

Note—

See also the amendments in schedule 1.

4   Amendment of s 174 (Failure to give particular returns under Local Government Electoral Act 2011)

(1)Section 174(2)(a)—
omit, insert—

(a)under the Local Government Electoral Act 2011, an agent was required to give the summary return for—

(i)the person; or

(ii)a group of candidates of which the person was a member; or

(iii)a political party that endorsed the candidature of the person; and

(2)Section 174(6), definition summary return, paragraph (c)—
omit, insert—

(c)section 120(6);

5   Insertion of new ch 8, pt 12

Chapter 8—
insert—

Part 12    Transitional provision for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023

299   Application of s 174—elections held on or after introduction day and before 2024 quadrennial election

(1)This section applies in relation to an election under the Local Government Electoral Act 2011 held on or after the introduction day and before the 2024 quadrennial election.

(2)Section 174 as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.

(3)In this section—

2024 quadrennial election means the quadrennial election to be held in 2024.

amending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

introduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.

6   Amendment of sch 1 (Serious integrity offences and integrity offences)

(1)Schedule 1, part 1, under heading ‘Electoral Act’, after ‘donations’—
insert—

or electoral expenditure

(2)Schedule 1, part 1, under heading ‘Local Government Electoral Act’—
insert—

112B(5)	Application to unincorporated bodies circumstance—the provision contravened is section 123N(2)
123N(2)	Compliance with expenditure cap generally

(3)Schedule 1, part 1, under heading ‘Local Government Electoral Act’, entry for section 194B(1), after ‘donations’—
insert—

or electoral expenditure

(4)Schedule 1, part 2, under heading ‘Local Government Electoral Act’—
insert—

112B(5)	Application to unincorporated bodies circumstance—the provision contravened is section 123O(2)
116G(1) or (2)	Agent’s obligation to ensure compliance
123O(2)	Compliance with expenditure cap—unregistered third party
127AA(7)	Requirement for registered political party to operate dedicated account
127AB(7)	Requirement for relevant third party to operate dedicated account
127V(2)	Participant in election must assist appointed auditor
135E(2)	Auditor preparing audit certificate to give notice of contravention

Part 3    Amendment of Local Government Act 2009

7   Act amended

This part amends the Local Government Act 2009.

Note—

See also the amendments in schedule 1.

8   Amendment of s 20 (Implementation)

Section 20(3)(a), ‘election; or’—
omit, insert—

election, including, for example, matters in relation to expenditure caps and disclosure of gifts, loans and electoral expenditure under the following provisions of the Local Government Electoral Act—

(i)part 4, division 2, subdivision 3;

(ii)part 6;

(iii)part 9, division 5; or

9   Amendment of s 172 (Failure to give particular returns under Local Government Electoral Act)

(1)Section 172(2)(a)—
omit, insert—

(a)under the Local Government Electoral Act, an agent was required to give the summary return for—

(i)the person; or

(ii)a group of candidates of which the person was a member; or

(iii)a political party that endorsed the candidature of the person; and

(2)Section 172(6), definition summary return, paragraph (c)—
omit, insert—

(c)section 120(6);

10   Insertion of new ch 9, pt 17

Chapter 9—
insert—

Part 17    Transitional provision for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023

342   Application of s 172—elections held on or after introduction day and before 2024 quadrennial election

(1)This section applies in relation to an election under the Local Government Electoral Act held on or after the introduction day and before the 2024 quadrennial election.

(2)Section 172 as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.

(3)In this section—

2024 quadrennial election means the quadrennial election to be held in 2024.

amending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

introduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.

11   Amendment of sch 1 (Serious integrity offences and integrity offences)

(1)Schedule 1, part 1, under heading ‘Electoral Act’, after ‘donations’—
insert—

or electoral expenditure

(2)Schedule 1, part 1, under heading ‘Local Government Electoral Act’—
insert—

112B(5)	Application to unincorporated bodies circumstance—the provision contravened is section 123N(2)
123N(2)	Compliance with expenditure cap generally

(3)Schedule 1, part 1, under heading ‘Local Government Electoral Act’, entry for section 194B(1), after ‘donations’—
insert—

or electoral expenditure

(4)Schedule 1, part 2, under heading ‘Local Government Electoral Act’—
insert—

112B(5)	Application to unincorporated bodies circumstance—the provision contravened is section 123O(2)
116G(1) or (2)	Agent’s obligation to ensure compliance
123O(2)	Compliance with expenditure cap—unregistered third party
127AA(7)	Requirement for registered political party to operate dedicated account
127AB(7)	Requirement for relevant third party to operate dedicated account
127V(2)	Participant in election must assist appointed auditor
135E(2)	Auditor preparing audit certificate to give notice of contravention

Part 4    Amendment of Local Government Electoral Act 2011

12   Act amended

This part amends the Local Government Electoral Act 2011.

Note—

See also the amendments in schedule 1.

13   Amendment of s 3 (Purposes of Act)

Section 3(a)—
omit, insert—

(a)ensure and reinforce the transparent and equitable conduct of elections of councillors of Queensland’s local governments, including, for example, by minimising the risk of unequal participation in the electoral process and ensuring a fair opportunity to participate in the electoral process; and

14   Amendment of s 27 (Making and certification of nomination)

(1)Section 27(5), ‘properly nominated’—
omit, insert—

properly nominated

(2)Section 27(5)—
insert—

(ba)section 31(3) does not apply to the nomination; and

(3)Section 27(5)(ba) to (d)—
renumber as section 27(5)(c) to (e).

15   Insertion of new s 31

After section 30—
insert—

31   Withdrawal of endorsement of candidate

(1)This section applies if—

(a)a registered political party nominates a person as a candidate for an election under section 27(1)(a); and

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

Note—

See section 135A for the requirement for a registered political party to notify the commission about—

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

(b)changes to the endorsement.

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

Maximum penalty—40 penalty units.

(3)If the notification is given to the electoral commission before noon on the nomination day for the election, the nomination of the person is of no effect.

(4)If the notification is given to the electoral commission on or after noon on the nomination day for the election—

(a)the nomination of the person is not affected; and

(b)a ballot paper is taken to comply with section 55 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.

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

(a)the contents of the notification; and

(b)when the electoral commission received the notification; and

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

16   Replacement of pt 4, div 2, sdiv 3 (Membership and agents for group of candidates)

Part 4, division 2, subdivision 3—
omit, insert—

Subdivision 3 Creation and membership of groups of candidates

41   Purpose of subdivision

The purpose of this subdivision is—

(a)to allow candidates to engage in group campaign activities for a particular election by being members of a group of candidates for that election; and

(b)to treat the group, for certain purposes, as if it were a person.

42   Creation of group of candidates

(1)If 2 or more candidates in an election propose to engage in group campaign activities for the election, the candidates may—

(a)form a group for the purposes of this Act for the election; and

(b)give the electoral commission written notice of the membership of the group.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(d) and (e) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)The group becomes a group of candidates for the election when the electoral commission publishes the notice on the electoral commission’s website under subsection (2).

Note—

See also sections 43(3) and 43A(3).

(4)The notice may only be given during the period that—

(a)starts—

(i)if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or

(ii)otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and

(b)ends immediately before the polling day for the election.

(5)The notice must—

(a)be in the approved form; and

(b)state the name of the proposed group of candidates; and

(c)state the name of each candidate who will be a member of the group of candidates; and

(d)be signed by each candidate who will be a member of the group of candidates; and

(e)include information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127; and

(f)be accompanied by written notice under section 116C(1)(c) of the appointment of a person as the agent of the proposed group of candidates.

43   Changing membership of group of candidates

(1)A group of candidates for an election may—

(a)change the membership of the group at any time before the polling day for the election; and

(b)by its agent, give the electoral commission written notice of the proposed change to the membership of the group.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5)(f) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)Despite section 42(3), when the electoral commission publishes the notice on the electoral commission’s website under subsection (2)—

(a)the change to the membership of the group of candidates takes effect; and

(b)the group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice.

(4)The change to the membership of the group of candidates must not result in only 1 candidate being a member of the group.

(5)The notice must—

(a)be in the approved form; and

(b)state the name of the group of candidates and, if the name is proposed to change, the proposed name; and

(c)state the name of each candidate who is a member of the group when the notice is given; and

(d)if a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and

(e)if a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and

(f)be signed by each candidate mentioned in paragraphs (c) and (d).

43A   Winding up group of candidates

(1)The members of a group of candidates for an election may—

(a)wind up the group at any time before the polling day for the election; and

(b)by its agent, give the electoral commission written notice of the proposed winding up.

(2)As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (4)(d) has been deleted—

(a)on the electoral commission’s website; and

(b)in other ways the electoral commission considers appropriate.

(3)Despite sections 42(3) and 43(3), when the electoral commission publishes the notice on the electoral commission’s website under subsection (2), the group of candidates stops being a group of candidates for the election.

(4)The notice must—

(a)be in the approved form; and

(b)state the name of the group of candidates; and

(c)state the name of each candidate who is a member of the group when the notice is given; and

(d)be signed by each candidate mentioned in paragraph (c).

43B   Requirements for membership of group of candidates

(1)A candidate in an election may be a member of a group of candidates only if—

(a)for a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and

(b)the candidate is not a member of another group of candidates for the election; and

(c)the candidate is not endorsed, within the meaning of section 109G, by a registered political party for the election.

(2)Also, only 1 member of a group of candidates may be a candidate for election as mayor of a local government.

(3)This section applies despite sections 42 and 43.

43C   Application of Act to groups of candidates

(1)Part 6 and part 9, division 5 apply in relation to a group of candidates as if it were a person.

(2)An obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9, division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group.

(3)An amount that, apart from this subsection, would be payable under part 6 or part 9, division 5 by a group of candidates is jointly and severally payable by the members of the group.

(4)An offence against a provision of part 6 or part 9, division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who—

(a)authorised or permitted the conduct that would have constituted the offence; or

(b)was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(5)This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9, division 5.

(6)A reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—

(a)on behalf of a group of candidates; and

(b)under the group’s actual or apparent authority.

(7)Also, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates.

43D   Validation of ballot paper

(1)This section applies if a notice in relation to a group of candidates for an election is given to the electoral commission under section 42, 43 or 43A after noon on the nomination day for the election.

(2)A ballot paper is taken to comply with section 55 whether or not the name of the group of candidates is printed adjacent to a candidate’s name on the ballot paper.

43E   Application of return provisions—candidate stops being member of group of candidates

(1)This section applies if—

(a)a candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43(3); and

(b)the group has not been wound up under section 43A.

(2)Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the group of candidates as if—

(a)a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1)(a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and

(b)a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1)(a); and

(c)a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1)(a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and

(d)a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1)(a) when the candidate was a member of the group.

43F   Application of return provisions—group of candidates that has been wound up

(1)This section applies if a group of candidates for an election is wound up under section 43A (a former group).

(2)Sections 118(4) and (7), 120(6), (8) and (9) and 125 apply in relation to the former group as if—

(a)a reference in the sections to a group of candidates were a reference to the former group; and

(b)a reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and

(c)a reference in section 118(4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and

(d)a reference in section 118(7) or 120(8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and

(e)a reference in section 120(6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and

(f)a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred—

(i)by the former group; or

(ii)by a candidate who was a member of the former group when the candidate was a member of the former group; and

(g)a reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up.

(3)Also, section 127(5) to (8) applies in relation to the former group as if—

(a)a reference in the provision to a group of candidates were a reference to the former group; and

(b)a reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and

(c)a reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up.

17   Amendment of s 106 (Definitions for part)

(1)Section 106, definitions disclosure period and electoral expenditure—
omit.

(2)Section 106—
insert—

agent means an agent of any of the following who is appointed under division 2 for an election—

(a)a registered political party that endorses a candidate in the election;

(b)a candidate in the election;

(c)a group of candidates for the election;

(d)a third party for the election.

associated entity—

(a)of a registered political party that endorses a candidate in an election—see section 112C(2) and (3); or

(b)of a candidate in an election—see section 112D(2), (3), (4) and (5); or

(c)of a group of candidates for an election—see section 112E(2) and (3).

auditor means an individual who—

(a)has the qualifications or experience prescribed by regulation for this definition; and

(b)is not, and has never been, a member of a political party.

bank statement, for an account with a financial institution—

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

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

broadcaster means—

(a)the Australian Broadcasting Corporation continued in existence under the Australian Broadcasting Corporation Act 1983 (Cwlth), section 5; or

(b)the Special Broadcasting Service Corporation continued in existence under the Special Broadcasting Service Act 1991 (Cwlth), section 5; or

(c)the holder of a licence under the Broadcasting Services Act 1992 (Cwlth); or

(d)the provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth).

campaign purpose, for incurring electoral expenditure, see section 109B.

capped expenditure period, for an election, see section 123A.

disclosure period, for an election—

(a)for a candidate in the election—see section 106A(1); or

(b)for a registered political party that endorses a candidate in the election—see section 106A(3); or

(c)for a group of candidates for the election—see section 106A(4); or

(d)for a third party for the election—see section 106A(5); or

(e)for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election—see section 106A(6).

electoral expenditure see section 109A.

endorsed, in relation to a candidate by a registered political party, see section 109G.

financial controller, of an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election, means—

(a)if the entity is a corporation, including a corporation that is the trustee of a trust—the secretary of the corporation; or

(b)if the entity is the trustee of a trust but is not a corporation—the trustee; or

(c)otherwise—the person responsible for keeping the financial records of the entity.

gifted, for an amount of electoral expenditure incurred, see section 109C(1).

individual candidate see section 106AA.

participant, in an election, see section 106AB.

registered, for a third party in relation to an election, means registered under division 5A for the election.

register of agents means the register kept under section 116D.

register of third parties, for an election, means the register kept under section 127E(1) for the election.

related political party has the meaning given by section 112A.

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

relevant third party, for an election, means—

(a)a registered third party for the election; or

(b)another third party that is required, under section 127D, to be registered for the election.

reporting period means each of the following periods in a year—

(a)the period that starts on 1 January and ends on 30 June in the year;

(b)the period that starts on 1 July and ends on 31 December in the year.

sponsorship arrangement see section 107B.

(3)Section 106, definition loan, after ‘other than by’—
insert—

a financial institution or

(4)Section 106, definition third party, paragraph (a)—
omit, insert—

(a)a registered political party that endorses a candidate in the election; or

(aa)a candidate in the election; or

(ab)a group of candidates for the election; or

(ac)an associated entity of an entity mentioned in paragraph (a), (b) or (c); or

(5)Section 106, definition third party, paragraphs (aa) to (c)—
renumber as paragraphs (b) to (f).

18   Insertion of new ss 106AA and 106AB

After section 106—
insert—

106AA    When candidate is individual candidate

(1)A candidate in an election is an individual candidate for any part of the capped expenditure period for the election during which the candidate—

(a)is not a member of a group of candidates for the election; and

(b)is not endorsed by a registered political party for the election.

(2)Without limiting subsection (1), a candidate in an election may be an individual candidate during 1 or more parts, but not all, of the capped expenditure period for the election.

106AB    Meaning of participant in an election

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

(a)a candidate in the election;

(b)a group of candidates for the election;

(c)a registered political party that endorses a candidate in the election;

(d)a registered third party for the election;

(e)a third party that—

(i)is not registered for the election; and

(ii)incurs electoral expenditure for the election.

19   Amendment of s 106A (Meaning of disclosure period)

(1)Section 106A(3)—
omit, insert—

(3)The disclosure period for an election, for a registered political party that endorses a candidate in the election, is the period that—

(a)starts—

(i)if the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or

(ii)if subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or

(iii)otherwise—on the day the party first incurs electoral expenditure for the election; and

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

(3A)The disclosure period for an election, for a group of candidates for the election, is the period that—

(a)starts—

(i)if the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or

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

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

(3B)The disclosure period for an election, for a third party for the election, is the period that—

(a)for sections 118A and 118B—

(i)starts 30 days after the polling day for the last quadrennial election; and

(ii)ends 30 days after the polling day for the election; or

(b)for sections 125B and 125C—

(i)starts on the day the capped expenditure period for the election starts; and

(ii)ends 30 days after the polling day for the election; or

(c)for section 127AB—

(i)starts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and

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

(3C)The disclosure period for an election, for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election, is the period that—

(a)starts on the earlier of the following days—

(i)the day the associated entity first incurs electoral expenditure for the election;

(ii)the day the capped expenditure period for the elections starts; and

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

(2)Section 106A(4), ‘subsection (1) or (3)’—
omit, insert—

this section

(3)Section 106A(3A) to (4)—
renumber as section 106A(4) to (7).

20   Replacement of s 107 (Meaning of gift)

Section 107—
omit, insert—

107   Meaning of gift

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

(2)Also, a gift includes—

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

Note—

For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C.

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

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

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

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

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

(ii)an amount forgiven on the loan; and

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

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

(3)A gift does not include—

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

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

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

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

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

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

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

(e)the provision of voluntary labour; or

(f)the incidental or ancillary use of—

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

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

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

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

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

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

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

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

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

(7)In this section—

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

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

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

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

21   Amendment of s 107A (Meaning of fundraising contribution)

(1)Section 107A(1), before ‘venture’—
insert—

or other

(2)Section 107A—
insert—

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

22   Insertion of new s 107B

After section 107A—
insert—

107B    Meaning of sponsorship arrangement

(1)A sponsorship arrangement, between a person (the sponsor) and a registered political party that endorses a candidate in an election, is an arrangement—

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

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

(i)the party; or

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

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

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

(a)to be acknowledged as a sponsor; or

(b)to advertising or marketing rights; or

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

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

23   Replacement of s 108 (Meaning of value of gifts)

Section 108—
omit, insert—

108   Meaning of value of gift

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

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

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

(a)the market value of the property; or

(b)if a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles.

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

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

(b)if a regulation prescribes principles under which the amount that would reasonably be charged for providing the service is to be decided—the amount decided under the principles.

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

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

(7)The value of a gift provided by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement is worked out—

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

Note—

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

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

(8)The value of a gift of an amount of uncharged interest on a loan is the amount of interest that would have been payable on the loan if interest on the loan were calculated annually, as simple interest, and at the official cash rate for the day the loan was made plus 3% a year, less any amount of interest paid on the loan.

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

(a)the loan is legally enforceable; and

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

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

(11)In this section—

uncharged interest, on a loan, see section 107(7).

24   Insertion of new ss 109A–109G

After section 109—
insert—

109A    Meaning of electoral expenditure

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

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

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

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

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

(iii)material for distribution in letters; or

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

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

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

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

(3)For subsection (2)(a) and (b), it does not matter whether section 177 applies to the material.

(4)However, electoral expenditure does not include—

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

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

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

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

(i)for an organisational purpose; or

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

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

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

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

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

Example of other purposes for incurring expenditure—

to educate or raise awareness about an issue of public policy

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

(8)An amount of electoral expenditure is inclusive of GST.

(9)In this section—

allowance or entitlement, for a councillor of a local government, means an allowance or entitlement the councillor is entitled to under the local government’s expenses reimbursement policy.

expenses reimbursement policy, in relation to a local government, means a policy—

(a)that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010; and

(b)about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors.

109B    Meaning of campaign purpose

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

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

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

(c)to otherwise influence voting at an election.

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

(a)expressly promotes or opposes—

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

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

(iii)candidates who express a particular opinion;

(b)expressly or impliedly comments—

(i)about a political party, a candidate in the election or a group of candidates for the election; or

(ii)in relation to a local government’s area or a division of a local government’s area;

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

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

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

109C    Meaning of gifted for electoral expenditure

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

(a)the expenditure benefits the participant; and

(b)any of the following applies—

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

(ii)relevant material resulting from the expenditure is accepted by the participant;

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

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

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

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

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

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

Notes—

1See also section 109E for when electoral expenditure is incurred generally.

2See also section 123U in relation to electoral expenditure incurred by a participant in an election that benefits another participant in the election.

109D    Participant taken to have incurred gifted electoral expenditure

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

(2)Section 109E applies for determining when gifted electoral expenditure is incurred.

109E    When electoral expenditure is incurred generally

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

(2)Without limiting subsection (1)—

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

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

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

(3)Subsection (4) applies if—

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

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

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

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

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

109F    When electoral expenditure is incurred for particular purposes

(1)This section applies in relation to incurring electoral expenditure for the purpose of working out when—

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

(b)a registered political party has endorsed a candidate in an election; or

(c)another entity becomes a participant in an election; or

(d)a disclosure period under section 106A starts.

(2)Despite section 109E, the electoral expenditure is taken to be incurred when a transaction to incur the expenditure is entered into, regardless of when—

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

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

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

(3)However, this section does not affect the operation of section 109E in relation to the electoral expenditure for any other purpose under this part.

109G    When candidate is endorsed by registered political party

For this part, a candidate is endorsed by a registered political party for an election if—

(a)any of the following has happened—

(i)the party has publicly announced the party’s intention to endorse the candidate in the election;

(ii)the party has started to incur electoral expenditure for the benefit of the candidate for the election;

(iii)the party has otherwise endorsed the candidate in the election under the party’s constitution; and

(b)the registered officer of the party has not given notice under section 31 or 135A of the withdrawal of the endorsement.

25   Amendment of s 111 (Agents and campaign committees)

Section 111, heading—
omit, insert—

111   Persons acting on behalf of candidates and groups of candidates

26   Replacement of ss 112–112B

Sections 112 to 112B—
omit, insert—

112   Related corporations

For this part—

(a)corporations that are related to each other are 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.

112A    Related political parties

For this part, 2 political parties are related political parties if—

(a)1 is a part of the other; or

(b)both are parts of the same political party.

112B    Application to unincorporated bodies

(1)This section applies in relation to any of the following entities that are unincorporated bodies—

(a)a registered political party;

(b)a third party;

(c)an associated entity of—

(i)a registered political party that endorses a candidate in an election; or

(ii)a candidate in an election; or

(iii)a group of candidates for an election.

(2)This part, and part 9, division 5, apply in relation to the unincorporated body as if it were a person.

(3)An obligation or liability that, apart from this subsection, would be imposed under this part or part 9, division 5 on the unincorporated body, is imposed on each member of the executive committee (however described) of the body, but may be discharged by any of the members of the executive committee.

(4)An amount that, apart from this subsection, would be payable under this part or part 9, division 5 by the unincorporated body is jointly and severally payable by the members of the executive committee (however described) of the body.

(5)An offence against a provision of this part or part 9, division 5 that, apart from this subsection, would be committed by the unincorporated body is taken to have been committed by each member of the executive committee (however described) of the body who—

(a)authorised or permitted the conduct that would have constituted the offence; or

(b)was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(6)This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a member of the executive committee (however described) of the unincorporated body, for an offence against this part or part 9, division 5.

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

(a)on behalf of the unincorporated body; and

(b)under the body’s actual or apparent authority.

(8)Also, a reference in this part to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of the unincorporated body.

112C    Associated entity to be treated as part of registered political party

(1)If a registered political party that endorses a candidate in an election has an associated entity, divisions 4 and 5 apply as if—

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

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

(c)the dedicated account of the party were the dedicated account of the associated entity; and

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

Note—

See also sections 118AA, 120A, 124 and 125A about disclosure obligations imposed on the associated entity.

(2)An entity is an associated entity of a registered political party that endorses a candidate in an election if the entity—

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

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

(c)operates for the dominant purpose of—

(i)promoting the party in elections; or

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

(3)However, an associated entity of a registered political party that endorses a candidate in an election does not include—

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

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

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

(4)In this section—

endorsed candidates, of a registered political party that endorses a candidate in an election, means 2 or more candidates endorsed by the party for the election.

112D    Associated entity to be treated as part of candidate

(1)If a candidate in an election has an associated entity, divisions 4 and 5 apply as if—

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

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

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

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

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

Note—

See also sections 118AA, 120A, 124, 125A and 125G about disclosure obligations imposed on the associated entity.

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

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

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

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

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

(a)the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity—

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

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

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

(b)the candidate is 1 of the candidates endorsed by the party for the election.

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

(a)the entity is an associated entity of a group of candidates under section 112E because the entity—

(i)is controlled by the group; or

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

(iii)operates for the dominant purpose of promoting the group; and

(b)the candidate is a member of the group.

(5)Further, an associated entity of a candidate in an election does not include—

(a)for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or

(b)for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or

(c)a committee formed to help the candidate’s election campaign in the election.

(6)In this section—

endorsed candidates, of a registered political party that endorses a candidate in an election, see section 112C(4).

112E    Associated entity to be treated as part of group of candidates

(1)If a group of candidates for an election has an associated entity, divisions 4 and 5 apply as if—

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

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

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

(d)the dedicated account of the group were the dedicated account of the associated entity; and

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

Note—

See also sections 118AA, 120A, 124, 125A and 125G about disclosure obligations imposed on the associated entity.

(2)An entity is an associated entity of a group of candidates for an election if the entity—

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

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

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

(3)However, an associated entity of a group of candidates for an election does not include—

(a)a candidate who is a member of the group; or

(b)a committee formed to help the election campaign of members of the group in the election.

27   Amendment of s 113A (Meaning of political donation)

(1)Section 113A(1)(a)(ii) and (iii)—
omit, insert—

(ii)a candidate in an election; or

(iii)a group of candidates for an election;

(2)Section 113A(1)(c), ‘other than a financial institution’—
omit.

(3)Section 113A(2) and (3)—
omit.

(4)Section 113A(4), ‘section 107(4)(b)’—
omit, insert—

section 107(3)(b)

(5)Section 113A(5), ‘section 107(4)(c)’—
omit, insert—

section 107(3)(c)

(6)Section 113A(6)—
omit.

(7)Section 113A(4) and (5)—
renumber as section 113A(2) and (3).

28   Insertion of new pt 6, div 2

Part 6—
insert—

Division 2 Agents

114   Agent of registered political party

(1)A registered political party that endorses a candidate in an election must appoint a person to be the agent of the party, for this part, for the election.

(2)The registered political party must appoint a person as the party’s agent for an election under subsection (1) as soon as practicable after the party becomes a participant in the election by endorsing a candidate in the election.

115   Agent of candidate

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

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

116   Agent of group of candidates

A group of candidates for an election must appoint a person to be the agent of the group, for this part, for the election.

Note—

See also section 42(5)(f).

116A    Agent of registered third party

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

Note—

See also section 127F(2)(c).

(2)A registered third party for an election 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 no appointment is in effect under subsection (2), the third party is taken to be the third party’s own agent for this part for the election.

116B    Agent of unregistered third party

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

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

116C    Requirements for registration

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

(a)the person is an adult; and

(b)the person has—

(i)consented to the appointment in writing; and

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

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

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

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

(iii)for the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and

(d)the person’s name is included in the register of agents.

(2)A person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against section 43C(4), this part or part 9, division 5.

116D    Register of agents

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

Note—

See section 135B for the requirement to make information from the register available for public inspection.

(2)The register of agents must include the name and address of each person appointed as the agent of the following, for this part, for an election—

(a)a registered political party that endorses a candidate in the election;

(b)a candidate in the election;

(c)a group of candidates for the election;

(d)a third party for the election.

(3)The register of agents may be kept in the way, and in the form, the electoral commission considers appropriate.

(4)An entry in the register of agents about a person appointed as the agent of an entity mentioned in subsection (2), for this part, for an election, is evidence that the person is the agent of the entity for the election.

116E    Registration of agent

(1)The appointment of a person as an agent, for this part, for an election—

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

(b)continues until the person’s obligations as an agent under this part for the election end, unless the appointment ends sooner under subsection (2).

Note—

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

(2)The appointment of a person as an agent, for this part, for an election, ends when—

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

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

(c)the person dies; or

(d)the person is convicted of an offence against section 43C(4), this part or part 9, division 5.

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

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

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

(c)the person dies; or

(d)the person is convicted of an offence against section 43C(4), this part or part 9, division 5; or

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

(4)If a person’s appointment as the agent of an entity ends under subsection (2), the entity must, within 28 days after the person’s appointment ends, give the electoral commission—

(a)a written notice that states—

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

(ii)the day the appointment ended; and

(iii)the reason the appointment ended; and

(b)if the entity is required to have an agent under this division—a written notice under section 116C(1)(c) of the appointment of another person as the entity’s agent.

(5)A written notice given to the electoral commission under subsection (3)(b) by a group of candidates must be signed by each candidate who is a member of the group.

116F    Responsibility for action in absence of agent

(1)This section applies if—

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

(i)a registered political party that endorses a candidate in an election; or

(ii)a group of candidates for an election; or

(iii)a third party who is not an individual, whether or not the third party is registered for an election; and

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

(2)For a registered political party or a third party, each member of the executive committee (however described) of the registered political party or third party is responsible for complying with the obligation as if the provision applied to the member of the committee.

(3)For a group of candidates, each member of the group is responsible for complying with the obligation as if the provision applied to the member of the group.

116G    Agent’s obligation to ensure compliance

(1)The agent of a participant in an election must take all reasonable steps—

(a)to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5, about the obligations that apply to the participant and person under divisions 4 and 5; and

(b)to establish and maintain appropriate systems to support the participant and person to comply with the obligations.

Maximum penalty—100 penalty units.

(2)If a participant in an election has an associated entity, the agent of the participant must take all reasonable steps—

(a)to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5, about the obligations that apply to the associated entity and person under divisions 4 and 5; and

(b)to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations.

Maximum penalty—100 penalty units.

(3)In deciding whether steps taken by the agent of a participant in an election to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider the amount of electoral expenditure incurred, or expected to be incurred, by—

(a)the participant; and

(b)if the participant has an associated entity—the associated entity.

(4)Subsection (5) applies in relation to the agent of—

(a)a registered political party that endorses a candidate in an election; or

(b)a third party for an election; or

(c)any of the following participants that has an associated entity—

(i)a registered political party that endorses a candidate in an election;

(ii)a candidate in an election;

(iii)a group of candidates for an election.

(5)In deciding whether steps taken by the agent of the participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider—

(a)the number of members and employees of the registered political party, third party or associated entity; and

(b)the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity.

Note—

See section 127O about keeping records.

29   Amendment of s 117 (Gifts to candidates)

(1)Section 117(2), before ‘candidate’—
insert—

agent of the

(2)Section 117(4), ‘candidate must’—
omit, insert—

agent of a candidate in an election must

(3)Section 117(6)—
omit, insert—

(6)The agent of a candidate need not comply with subsection (4) if—

(a)the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009, section 169 or the City of Brisbane Act 2010, section 169 and the return states—

(i)the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and

(ii)the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and

(b)the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given.

(4)Section 117(7), after ‘from’—
insert—

the agent of

(5)Section 117(8), after ‘apply’—
insert—

in relation

30   Amendment of s 118 (Gifts to groups of candidates)

(1)Section 118(3)(b)(i), ‘forming’—
omit, insert—

who are members of

(2)Section 118(4), after ‘agent’—
insert—

of a group of candidates

(3)Section 118(4)—
insert—

Note—

See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.

(4)Section 118(6), ‘with this section’—
omit, insert—

with subsection (4)

(5)Section 118(6)(a), after ‘section 169’—
insert—

or the City of Brisbane Act 2010, section 169

(6)Section 118(7)—
omit, insert—

(7)If the electoral commission receives a return under subsection (4) from the agent of a group of candidates for an election and any of the members of the group are successful in the election, the electoral commission must give a copy of the return to—

(a)the chief executive officer of the local government for which the election was held; and

(b)each successful candidate who is a member of the group.

31   Insertion of new s 118AA

After section 118—
insert—

118AA    Gifts to associated entities of candidates or groups of candidates

(1)Subsection (2) applies if—

(a)an entity receives a gift—

(i)during a reporting period; and

(ii)when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and

(b)the value of the gift is equal to or more than $500.

(2)The financial controller of the associated entity must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state the relevant details for the gift.

(4)For subsection (1), the value of a gift is taken to include the value of all other gifts previously given to the associated entity by the same entity during the reporting period.

32   Amendment of s 118A (Gifts to third parties to enable political expenditure)

Section 118A(6), definition political expenditure—
omit, insert—

political expenditure, for an election, means expenditure that is comprised of—

(a)electoral expenditure; or

(b)a gift made to or for the benefit of—

(i)a registered political party that endorses a candidate in the election; or

(ii)a candidate in the election; or

(iii)a group of candidates for the election, a member of the group or a person acting on behalf of the group; or

(c)a gift made to another person on the understanding that the person, or another person, uses the gift (directly or indirectly) to incur expenditure mentioned in paragraph (a) or (b).

33   Insertion of new s 118B

After section 118A—
insert—

118B    Gifts made by third parties

(1)This section applies if a third party for an election, during the third party’s disclosure period for the election, makes a gift of a value equal to or more than $500—

(a)to or for the benefit of—

(i)a registered political party that endorses a candidate in the election; or

(ii)a candidate in the election; or

(iii)a group of candidates for the election, a member of the group or a person acting on behalf of the group; or

(b)to another person on the understanding that the person, or another person, uses the gift (directly or indirectly)—

(i)to incur electoral expenditure; or

(ii)to make a gift to or for the benefit of a person mentioned in paragraph (a)(i), (ii) or (iii).

(2)The third party must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state—

(i)the value of the gift; and

(ii)when the gift was made; and

(iii)the name of the entity to whom, or for whose benefit, the gift was made; and

(iv)if the third party is not the source of the gift, the relevant details for the gift mentioned in section 109(2).

(4)Also, the third party must give the electoral commission a return, in the approved form, within the required period for the election about the total value of the gifts made by the third party during the third party’s disclosure period for the election.

(5)For subsection (1), a gift made by the third party for 2 or more elections is taken to have been made by the third party for each of the elections.

(6)Also, for subsection (1), the value of a gift is taken to include the value of all other gifts previously made by the third party during the third party’s disclosure period for the election to or for the benefit of the same entity.

34   Insertion of new ss 119A and 119B

After section 119—
insert—

119A    How subdivision applies to gifts that are returned within 6 weeks

(1)Subject to subsection (2), this subdivision does not apply to a gift that is returned in full within 6 weeks after its receipt.

(2)If the gift is returned in full within 6 weeks after its receipt, any return under this subdivision that includes the value of the gift must also include a statement to the effect that the gift was returned.

119B    How subdivision applies to particular gifts used for electoral purposes

(1)This section applies in relation to a gift, to the extent section 107(5) applies to the gift.

Note—

Section 107(5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.

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

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

(a)that, when the gift was made—

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

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

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

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

(4)In this section—

electoral purpose see section 107(6).

35   Amendment of s 120 (Loans to candidates or groups of candidates)

(1)Section 120(2), before ‘candidate’—
insert—

agent of the

(2)Section 120(4), ‘agent for’—
omit, insert—

agent of

(3)Section 120(5)—
omit.

(4)Section 120(7), ‘candidate or agent’—
omit, insert—

agent of a candidate in an election or group of candidates for an election

(5)Section 120(7)—
insert—

Note—

See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.

(6)Section 120(9)—
omit, insert—

(9)Subsection (9) applies if the electoral commission receives a return under subsection (6) from—

(a)the agent of a candidate who is successful in the election; or

(b)the agent of a group of candidates, any of whose members are successful in the election.

(7)Section 120(10)(b)—
omit, insert—

(b)if the return is received from the agent of a group of candidates—each successful candidate who is a member of the group.

(8)Section 120(6) to (10)—
renumber as section 120(5) to (9).

36   Insertion of new s 120A

After section 120—
insert—

120A    Loans to associated entities of candidates or groups of candidates

(1)This section applies if an entity—

(a)receives a loan—

(i)during a reporting period; and

(ii)when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and

(b)the amount of the loan is equal to or more than $500.

(2)The financial controller of the associated entity must give the electoral commission a return about the loan on or before the disclosure deadline for the return.

(3)Each return must—

(a)be in the approved form; and

(b)state the relevant details for the loan.

(4)For subsection (1), the amount of a loan is taken to include the amount of all other loans previously given to the associated entity by the same entity during the reporting period.

37   Amendment of s 121 (Particular loans not to be received)

(1)Section 121(1) and (2), ‘, other than a financial institution,’—
omit.

(2)Section 121(3)(b), ‘other than a financial institution’—
omit.

38   Amendment of s 121B (Donor must disclose source of gift or loan)

Section 121B(1)(a)—
omit, insert—

(a)makes a gift of a value of $500 or more, or a loan of $500 or more, to—

(i)a registered political party that endorses a candidate in an election; or

(ii)a candidate in an election; or

(iii)a group of candidates for an election; or

(iv)an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or

39   Amendment of s 121C (Recovery of prohibited gifts or loans)

(1)Section 121C(2), before paragraph (a)—
insert—

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

(2)Section 121C(2)(aa) to (b)—
renumber as section 121C(2)(a) to (c).

40   Replacement of ss 122 and 122A

Sections 122 and 122A—
omit, insert—

122   Requirement to notify the public about disclosure obligations

(1)This section applies if any of the following persons are required, under this division, to give the electoral commission a return about a gift or loan—

(a)the agent of a candidate in an election;

(b)the agent of a group of candidates for an election;

(c)the financial controller of an associated entity of a candidate in an election or a group of candidates for an election;

(d)a third party for an election to whom section 118A applies for the election.

(2)The person must take reasonable steps to notify the public that the person is required—

(a)to give the return to the electoral commission; and

(b)to state the relevant details for the gift or loan in the return.

Examples of reasonable steps—

•publishing a notice on a website

•including a notice in a brochure distributed in the local government area or division of a local government area for which a candidate has been nominated for election

Maximum penalty—1 penalty unit.

(3)A notification under subsection (2) must include a fair summary of the provisions under which the requirement arises.

122A    Requirement to notify third party of obligation to give return under s 118B

(1)This section applies if—

(a)a gift is made to or for the benefit of a candidate or group of candidates that is—

(i)of a value equal to or more than $500; and

(ii)comprised of a gift mentioned in section 118B(1) made by a third party for an election; or

(b)a gift mentioned in section 118A(1)(a) is made to or for the benefit of a third party for the election by another third party for the election.

(2)Within 7 business days after the gift is received by the recipient, the agent of the candidate or group of candidates, or the third party to or for whose benefit the gift was made, must give the third party who made the gift a notice that states the third party may be required, under section 118B, to give a return about the gift.

Maximum penalty—20 penalty units.

41   Replacement of pt 6, div 4

Part 6, division 4—
omit, insert—

Division 4 Caps on electoral expenditure

Subdivision 1 Preliminary

123   Definitions for division

In this division—

expenditure cap, for an election, in relation to a participant in the election, see section 123B.

maximum amount, for an election, means the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

where—

A is the amount of an individual candidate’s expenditure cap for the election under section 123D.

B is—

(a)if the office of mayor is to be filled in the election—1; or

(b)otherwise—0.

C is the amount of an individual candidate’s expenditure cap for the election under section 123E.

D is the total number of vacant offices of councillors, other than mayor, to be filled in the election.

M is the maximum amount for the election.

number of enrolled electors, for an election, see section 123S(1).

relevant day, for an election, see section 123S(3) and (4).

123A    Meaning of capped expenditure period

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

(a)for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23(1); or

(b)for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24(3); or

(c)for a fresh election—

(i)if, when notice of the election is published on the electoral commission’s website under section 25(1), the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2)—on the day the capped expenditure period started; or

(ii)otherwise—on the day notice of the election is published on the electoral commission’s website under section 25(1).

(2)However, if before the day mentioned in subsection (1)(a) for a quadrennial election a regulation fixes a day for the quadrennial election under section 23(3), the capped expenditure period for the quadrennial election starts on a day prescribed by regulation for this subsection.

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

(a)the polling day for the election; or

(b)if the poll at a polling booth for an election is adjourned under section 52A(3) or 53(1)—the day the adjourned poll is held.

(4)Subsection (3)(b) applies despite section 53(6).

123B    Expenditure caps for participants

A participant’s expenditure cap for an election is the amount mentioned in subdivision 2, 3, 4 or 5 for the participant for the election.

123C    How expenditure caps apply in local government areas and divisions

(1)This section provides for how an expenditure cap for an election applies or is worked out for this division in relation to a participant in the election other than a third party that is not registered for the election.

(2)If the election is a quadrennial election, an expenditure cap for the election applies, and is worked out, separately for each local government area.

Example—

A registered political party endorses 2 candidates, X and Y, in local government A and 1 candidate, Z, in local government B for a quadrennial election. An expenditure cap would apply and be worked out for the party and candidates X and Y in relation to local government A for the election. Also, an expenditure cap would apply and be worked out for the party and candidate Z in relation to local government B for the election.

(3)If the election is a fresh election, an expenditure cap for the election applies separately for each local government area.

(4)If the election is a by-election to fill a vacancy in the office of mayor of a local government, an expenditure cap for the election applies for the local government’s area.

(5)If the election is a by-election to fill a vacancy in the office of a councillor (other than mayor), an expenditure cap for the election applies separately for each local government area or, for a local government area that is divided, each division of the area.

(6)An expenditure cap that applies for 1 local government area or a division of a local government area under this section can not be aggregated with an expenditure cap that applies for another local government area or division.

Subdivision 2 Amount of expenditure cap—individual candidates

123D    Individual candidates for mayor

(1)This section applies for an individual candidate for election as mayor of a local government.

(2)If the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $1.3m.

(3)For a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is—

(a)if the number of enrolled electors for the election is not more than 30,000—$30,000; or

(b)if the number of enrolled electors for the election is more than 30,000 but not more than 150,000—the amount worked out by—

(i)multiplying the number of enrolled electors for the election by $1; and

(ii)rounding the result to the nearest $10 (rounding one-half upwards); or

(c)if the number of enrolled electors for the election is more than 150,000 but not more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—      where—

A is $150,000.

B is $0.50.

C is the number of enrolled electors for the election.

D is 150,000.

E is the expenditure cap; or

(d)if the number of enrolled electors for the election is more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—

221   Definitions for division

In this division—

2024 quadrennial election means the quadrennial election to be held in 2024.

amending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

post-commencement election means the 2024 quadrennial election and any subsequent election.

222   Elections held after introduction day and before 2024 quadrennial election

(1)This section applies in relation to an election held on or after the introduction day and before the 2024 quadrennial election.

(2)This Act as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.

(3)Without limiting subsection (2)—

(a)section 128 as in force immediately before the commencement applies to the electoral commission in relation to publishing a record about a return for the election; and

(b)section 130B as in force immediately before the commencement applies to the electoral commission in relation to giving a notice about a summary return under that section for the election.

(4)In this section—

introduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.

223   Continuation of existing groups of candidates for 2024 quadrennial election

(1)This section applies if, before the commencement, a group of 2 or more candidates gave the electoral commission a record of the membership of the group under former section 41(2) for the 2024 quadrennial election.

(2)The record is taken to be a notice of the membership of the group given to the electoral commission under new section 42 for the 2024 quadrennial election.

(3)If, before the commencement, the electoral commission published the record on the electoral commission’s website under former section 41(4), the record is taken to be published on the electoral commission’s website under new section 42(2).

(4)If, but for subsection (2), the group would not be eligible under new section 43B to give notice of the membership of the group under new section 42—

(a)on the relevant day—

(i)subsection (2) stops applying to the record; and

(ii)the group stops being a group of candidates for the 2024 quadrennial election; and

(b)the electoral commission must remove the record from the electoral commission’s website as soon as practicable after the relevant day; and

(c)new section 43A applies to the group as if the group had been wound up under new section 43A on the relevant day.

(5)In this section—

relevant day means the day that is 14 days after the commencement.

224   Gifts

(1)An amount forgiven on a loan mentioned in new section 107(2)(c)(ii) is a gift if the amount is forgiven after the commencement, even if the loan was made before the commencement.

(2)An amount or service mentioned in new section 107(2)(e) is a gift if the amount was paid, or service was provided, under a sponsorship arrangement after the commencement, even if the sponsorship arrangement was entered into before the commencement.

(3)New section 107(5) does not apply to a gift, or part of a gift, mentioned in new section 107(4) that was made before the commencement.

(4)New section 119A applies in relation to a gift returned after the commencement whether the gift was received before or after the commencement.

225   Electoral expenditure

(1)New section 109E applies to electoral expenditure whether the expenditure was incurred before or after the commencement.

(2)New section 123U applies to electoral expenditure incurred whether an event mentioned in new section 123U(3) happened before or after the commencement.

226   Agents and register of group agents

(1)The register of group agents for the 2024 quadrennial election is taken to form part of the register of agents kept under new section 116D for the election.

(2)A person recorded in the register of group agents for the 2024 quadrennial election as the agent of a group of candidates for the election is taken to have been appointed as the agent of the group for new part 6 for the election.

(3)However, subsection (2) does not apply if the person has been convicted of an offence against former part 6 or former part 9, division 5.

(4)Subsection (2) does not limit new section 116E(2).

(5)In this section—

register of group agents means the register kept under section 43(1) as in force immediately before the commencement.

227   Existing disclosure obligations for post-commencement elections

(1)This section applies if—

(a)before the commencement, an entity was required under a former return provision to give the electoral commission a return for the 2024 quadrennial election by the disclosure deadline for the return; and

(b)immediately before the commencement—

(i)the entity had not given the return under the former return provision; and

(ii)the disclosure deadline for the return under the former return provision had not passed.

(2)Part 6 as in force immediately before the commencement continues to apply in relation to the return as if the amending Act had not been enacted.

(3)In this section—

former return provision means former section 117(2), 118(2), 118A(2), 120(2) or (4), 124(2) or 125A(2).

228   Summary returns for post-commencement elections under new ss 117 and 120

(1)This section applies to a return required to be given in relation to a participant in a post-commencement election under new section 117(4) or 120(6) if the participant’s disclosure period for the election includes a period before the commencement.

(2)The return must include gifts or loans received during all of the disclosure period for the election, including any part of the period that occurred before the commencement.

(3)A reference in new section 117(4) to a gift received during the participant’s disclosure period for the election is, to the extent the period occurred before the commencement, taken to be a reference to a gift within the meaning of former section 107.

229    Disclosure period for post-commencement elections for particular third parties under new s 118A

(1)This section applies to an entity if—

(a)before the commencement, the entity was not a third party for a post-commencement election under former section 106; and

(b)on the commencement, the entity is a third party for the post-commencement election under new section 106.

(2)For new section 118A, the entity’s disclosure period for the post-commencement election does not include any part of the period occurring before the commencement.

(3)This section applies despite new section 106A.

230    Disclosure period for post-commencement elections for third parties under new s 118B

(1)For new section 118B, a third party’s disclosure period for a post-commencement election does not include any part of the period occurring before the commencement.

(2)This section applies despite new section 106A.

231   First reporting period for new ss 118AA, 120A and 125G

For new sections 118AA, 120A and 125G, the first reporting period is the period—

(a)starting on the day of the commencement; and

(b)ending on the following day—

(i)if the day mentioned in paragraph (a) is before 30 June in a year—30 June in the year;

(ii)otherwise—31 December in the year.

232    Summary expenditure returns for post-commencement elections under new ss 125 and 125A

(1)This section applies to a return required to be given in relation to a participant in a post-commencement election under new section 125(2) or 125A(2) if the participant’s disclosure period for the election includes a period before the commencement.

(2)The return must include electoral expenditure incurred during all of the disclosure period for the election, including any part of the period that occurred before the commencement.

(3)A reference in new sections 125 and 125A to electoral expenditure incurred during the participant’s disclosure period for the election is, to the extent the period occurred before the commencement, taken to be a reference to electoral expenditure within the meaning of former section 123.

233    Summary expenditure returns for particular third parties for post-commencement elections under former s 125A

(1)This section applies to an entity if, immediately before the commencement—

(a)the entity was a third party under former section 106 for a post-commencement election; and

(b)former section 125A applied to the entity for the election.

(2)Within 14 days after the commencement, the entity must give a return under former section 125A(4) for the entity’s pre-commencement disclosure period for the post-commencement election.

(3)For applying former section 125A(4)—

(a)a reference to a third party is taken to be a reference to the entity; and

(b)a reference to the disclosure period is taken to be a reference to the entity’s pre-commencement disclosure period for the post-commencement election; and

(c)a reference to the required period is taken to be a reference to the period starting on the day of the commencement and ending 14 days after the commencement.

(4)New part 9, division 5 applies in relation to the entity as if a reference in the division to part 6 included a reference to this section.

(5)In this section—

pre-commencement disclosure period, for an entity for a post-commencement election, means the period—

(a)starting when the disclosure period mentioned in former section 125A would have started for the entity for the post-commencement election; and

(b)ending immediately before the commencement.

234   Disclosure period for dedicated accounts under new ss 127AA and 127AB

(1)For new sections 127AA and 127AB, the disclosure period for a registered political party that endorses a candidate in a post-commencement election or a relevant third party for a post-commencement election does not include any part of the period occurring before the commencement.

(2)This section applies despite new section 106A.

235   Notice of dedicated account under new s 127BA

(1)This section applies if, immediately before the commencement—

(a)a registered political party had endorsed a candidate for the 2024 quadrennial election; or

(b)a person was a candidate for the 2024 quadrennial election.

(2)New section 127BA applies in relation to the registered political party or candidate as if the party or candidate became a participant in the 2024 quadrennial election on the commencement.

(3)However, despite new section 127BA(2), the notice under that provision must be given within 14 days after the commencement.

(4)For applying new section 127BA(4), a reference in that provision to a notice given under new section 127BA is taken to be a reference to a nomination containing information about a candidate’s account for a previous election given to the returning officer under former section 27(2) for the previous election.

236   Notice of endorsement of candidates under new s 135A

(1)This section applies in relation to a registered political party if, immediately before the commencement, a candidate in a post-commencement election was endorsed by the party.

(2)New section 135A(2) applies in relation to the registered political party as if the endorsement of the candidate in the post-commencement election happened on the commencement.

(3)However, despite new section 135A(2), an event notice under that subsection must be given within 14 days after the commencement.

(4)In this section—

endorsed, in relation to a candidate by a registered political party, has the meaning given by new section 109G.

237   Existing records under former s 196

Former section 196 continues to apply in relation to a record that, immediately before the commencement, was required to be kept under that section as if the amending Act had not been enacted.

58   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions agent, associated entity, dedicated account, disclosure period, electoral expenditure, gift and group of candidates—
omit.

(2)Schedule 2—
insert—

agent see section 106.

associated entity—

(a)of a registered political party that endorses a candidate in an election—see section 112C(2) and (3); or

(b)of a candidate in an election—see section 112D(2), (3), (4) and (5); or

(c)of a group of candidates for an election—see section 112E(2) and (3).

auditor, for part 6, see section 106.

authorised officer means a person who holds office under the Electoral Act 1992, part 11, division 14, as an authorised officer.

bank statement, for an account with a financial institution, for part 6, see section 106.

broadcaster, for part 6, see section 106.

campaign purpose, for incurring electoral expenditure, for part 6, see section 109B.

capped expenditure period, for an election, for part 6, see section 123A.

dedicated account, of a participant in an election, means the account the participant must operate under section 126(2), 127(2), 127AA(2) or 127AB(2) for the election.

disclosure period, for an election, for part 6—

(a)for a candidate in the election—see section 106A(1); or

(b)for a registered political party that endorses a candidate in the election—see section 106A(3); or

(c)for a group of candidates for the election—see section 106A(4); or

(d)for a third party for the election—see section 106A(5); or

(e)for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election—see section 106A(6).

electoral expenditure see section 109A.

electoral purpose means a purpose that relates to an election.

endorsed, in relation to a candidate by a registered political party, for part 6, see section 109G.

expenditure cap, for an election, in relation to a participant in the election, for part 6, division 4, see section 123B.

financial controller, of an associated entity of a registered political party that endorses a candidate in an election, or of a candidate in an election or a group of candidates for an election, for part 6, see section 106.

gift see section 107.

gifted, for an amount of electoral expenditure incurred, for part 6, see section 109C(1).

group of candidates, for an election, see section 42(3).

individual candidate, for part 6, see section 106AA.

maximum amount, for an election, for part 6, division 4, see section 123.

number of enrolled electors, for an election, for part 6, division 4, see section 123S(1).

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

participant, in relation to an election, see section 106AB.

prescribed matter, in relation to a relevant entity for an election, for part 6, division 5B, see section 127M.

registered, for a third party in relation to an election, for part 6, see section 106.

register of agents, for part 6, see 106.

register of third parties, for an election, for part 6, see section 106.

related political party, for part 6, see section 106.

relevant day, for an election, for part 6, division 4, see section 123S(3) and (4).

relevant entity, for an election, for part 6, division 5B, see section 127L.

relevant material, for part 6, see section 106.

relevant third party, for an election, for part 6, see section 106.

reporting period, for part 6, see section 106.

sponsorship arrangement, for part 6, see section 107B.

(3)Schedule 2, definition person acting on behalf of a candidate, ‘section 106’—
omit, insert—

section 111(1)

(4)Schedule 2, definition person acting on behalf of a group of candidates, ‘section 106’—
omit, insert—

section 111(2)

Part 4A    Amendment of Residential Tenancies and Rooming Accommodation Act 2008

58A   Act amended

This part amends the Residential Tenancies and Rooming Accommodation Act 2008.

58B   Amendment of s 91 (Rent increases)

(1)Section 91(4)—
omit, insert—

(4)The day stated in the notice must not be earlier than the later of the following—

(a)2 months after the day the notice is given to the tenant;

(b)the end of the minimum period before the rent may be increased under section 93.

(2)Section 91(6), after paragraph (a)—
insert—

(aa)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(3)Section 91(6)(aa) and (b)—
renumber as section 91(6)(b) and (c).

58C   Amendment of s 93 (Minimum period before rent can be increased)

(1)Section 93(1) to (5)—
omit, insert—

(1)A lessor or lessor’s agent must not increase the rent payable by a tenant under a residential tenancy agreement less than 12 months after—

(a)the day of the last increase for the agreement; or

(b)if there has not been an increase for the agreement, the first day the tenant was required to pay rent under the agreement.

Maximum penalty—20 penalty units.

(2)If at least 1 tenant’s right to occupy the same premises is continued across 2 or more residential tenancy agreements, subsection (1) applies as if the agreements were a single residential tenancy agreement.

(3)For subsection (1), it does not matter whether or not the lessor or agent who increases the rent is the same person as the lessor or agent who last increased the rent.

(4)Nothing in this section prevents the lessor or agent from giving notice of an increase in rent within the 12 months mentioned in subsection (1) provided the increase does not take effect until the end of the 12 months.

(2)Section 93(6)—
renumber as section 93(5).

(3)Section 93—
insert—

(6)In this section—

increase includes purportedly increase.

58D   Amendment of s 105 (Rent increases)

(1)Section 105(2)(b), ‘, not earlier than 4 weeks after the day the notice is given,’—
omit.

(2)Section 105—
insert—

(2A)The day stated in the notice must not be earlier than the later of the following—

(a)4 weeks after the day the notice is given to the resident;

(b)the end of the minimum period before the rent may be increased under section 105B.

(3)Section 105(4), after paragraph (a)—
insert—

(aa)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 105B; and

(4)Section 105(4)(aa) and (b)—
renumber as section 105(4)(b) and (c).

58E   Insertion of new s 105B

After section 105A—
insert—

105B    Minimum period before rent can be increased

(1)A provider or provider’s agent must not increase the rent payable by a resident under a rooming accommodation agreement less than 12 months after—

(a)the day of the last increase for the agreement; or

(b)if there has not been an increase for the agreement, the first day the resident was required to pay rent under the agreement.

Maximum penalty—20 penalty units.

(2)If at least 1 resident’s right to occupy the same room is continued across 2 or more rooming accommodation agreements, subsection (1) applies as if the agreements were a single rooming accommodation agreement.

(3)For subsection (1), it does not matter whether or not the provider or agent who increases the rent is the same person as the provider or agent who last increased the rent.

(4)Nothing in this section prevents a provider or agent from giving notice of an increase in rent within the 12 months mentioned in subsection (1) provided the increase does not take effect until the end of the 12 months.

(5)In this section—

increase includes purportedly increase.

58F   Amendment of s 154 (Increase in rental bond)

Section 154(a)—
insert—

Note—

See sections 91 and 105 for the requirements to be met before rent may be increased.

58G   Amendment of s 277 (Ending of residential tenancy agreements)

Section 277(b) and (c), ‘before’—
omit, insert—

after

58H   Insertion of new ch 14, pt 7

Chapter 14—
insert—

Part 7    Transitional provisions for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023

575   Limit on frequency of rental increases applies to all agreements from 1 July 2023

(1)Sections 91 and 93 as amended by the 2023 amendment Act apply to all residential tenancy agreements in effect after 30 June 2023 regardless of when the agreements started.

Note—

If a term of a residential tenancy agreement is inconsistent with section 91 or 93, as amended, the section prevails and the term is void to the extent of the inconsistency. See section 54.

(2)Section 105 as amended by the 2023 amendment Act, and section 105B inserted by the 2023 amendment Act, apply to all rooming accommodation agreements in effect after 30 June 2023 regardless of when the agreement started.

Note—

If a term of a rooming accommodation agreement is inconsistent with section 105 or 105B, as amended, the section prevails and the term is void to the extent of the inconsistency. See section 76.

(3)In this section—

2023 amendment Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

576   Amendment of section 277

(1)The replacement of section 277 by the 2021 amendment Act, and the amendment of section 277 by the 2023 amendment Act, are taken to have not affected the ending of a residential tenancy agreement on a day before 1 July 2023 if—

(a)the lessor or lessor’s agent gave the tenant a notice to leave under section 326 and the tenant handed over vacant possession of the premises; or

(b)the tenant gave the lessor or lessor’s agent a notice of intention to leave under section 327 and the tenant handed over vacant possession of the premises.

(2)In this section—

2021 amendment Act means the Housing Legislation Amendment Act 2021.

2023 amendment Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023.

Part 4B    Amendment of Residential Tenancies and Rooming Accommodation Regulation 2009

58I   Regulation amended

This part amends the Residential Tenancies and Rooming Accommodation Regulation 2009.

58J   Amendment of sch 1, pt 2, cl 10 (Rent increases—ss 91 and 93)

(1)Schedule 1, part 2, clause 10(3)(b), ‘6 months’—
omit, insert—

12 months

(2)Schedule 1, part 2, clause 10(5), after paragraph (a)—
insert—

(aa)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(3)Schedule 1, part 2, clause 10(5)(aa) and (b)—
renumber as schedule 1, part 2, clause 10(5)(b) and (c).

58K   Amendment of sch 1, pt 2, cl 36 (Ending of agreement—s 277)

Schedule 1, part 2, clause 36(1)(b) and (c), ‘before’—
omit, insert—

after

58L   Amendment of sch 2, pt 2, cl 10 (Rent increases—ss 91 and 93)

(1)Schedule 2, part 2, clause 10(3)(b), ‘6 months’—
omit, insert—

12 months

(2)Schedule 2, part 2, clause 10(5), after paragraph (a)—
insert—

(aa)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(3)Schedule 2, part 2, clause 10(5)(aa) and (b)—
renumber as schedule 2, part 2, clause 10(5)(b) and (c).

58M   Amendment of sch 2, pt 2, cl 42 (Ending of agreement—s 277)

Schedule 2, part 2, clause 42(1)(b) and (c), ‘before’—
omit, insert—

after

58N   Amendment of sch 3, pt 2, cl 34 (Ending of agreement—s 277)

Schedule 3, part 2, clause 34(1)(b) and (c), ‘before’—
omit, insert—

after

58O   Amendment of sch 3A, pt 2, cl 33 (Ending of agreement—s 277)

Schedule 3A, part 2, clause 33(1)(b) and (c), ‘before’—
omit, insert—

after

58P   Amendment of sch 4, pt 2, cl 8 (Rent increases—s 105)

(1)Schedule 4, part 2, clause 8, heading, ‘s 105’—
omit, insert—

ss 105 and 105B

(2)Schedule 4, part 2, clause 8(5), after paragraph (a)—
insert—

(aa)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 105B; and

(3)Schedule 4, part 2, clause 8(5)(aa) and (b)—
renumber as schedule 4, part 2, clause 8(5)(b) and (c).

Part 5    Other amendments

59   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Other amendments

section 59

City of Brisbane Act 2010

1   Section 177D(3)(a), from ‘in the group’ to ‘section 41’—

omit, insert—

who are members of the group

2   Schedule 2, definitions group of candidates and how-to-vote card—

omit.

3   Schedule 2—

insert—

group of candidates, for an election, see the Local Government Electoral Act 2011, section 42(3).

how-to-vote card see the Local Government Electoral Act 2011, schedule 2.

Local Government Act 2009

1   Section 150EG(3)(a), from ‘in the group’ to ‘section 41’—

omit, insert—

who are members of the group

2   Schedule 4, definitions group of candidates and how-to-vote card—

omit.

3   Schedule 4—

insert—

group of candidates, for an election, see the Local Government Electoral Act, section 42(3).

how-to-vote card see the Local Government Electoral Act, schedule 2.

Local Government Electoral Act 2011

1   Section 101A(3)(b), ‘a group’—

omit, insert—

a member of a group

2   Section 101A(8), ‘group of candidates or’—

omit, insert—

a member of a group of candidates or a

© State of Queensland 2023