Electoral Legislation Amendment (Authorisations) Act 2022

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Electoral Legislation Amendment (Authorisations) Act 2022

 

No. 4, 2022

 

 

 

 

 

An Act to amend the law relating to elections, referendums and broadcasting in respect of authorising matter, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Authorisation particulars

Part 1—Electoral and referendum amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Part 2—Broadcasting amendments

Australian Broadcasting Corporation Act 1983

Broadcasting Services Act 1992

Special Broadcasting Service Act 1991

 

 

 

Electoral Legislation Amendment (Authorisations) Act 2022

No. 4, 2022

 

 

 

An Act to amend the law relating to elections, referendums and broadcasting in respect of authorising matter, and for related purposes

[Assented to 17 February 2022]

The Parliament of Australia enacts:

1  Short title

  This Act is the Electoral Legislation Amendment (Authorisations) Act 2022.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

18 February 2022

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Authorisation particulars

Part 1—Electoral and referendum amendments

Commonwealth Electoral Act 1918

1  Subsection 321D(5) (table items 1 and 2, column headed “the following particulars are required …”, paragraph (a))

Repeal the paragraphs, substitute:

(a) the particulars of the name of the entity required by subsection (5A);

2  After subsection 321D(5)

Insert:

 (5A) For the purposes of items 1 and 2 of the table in subsection (5), the required particulars of the name of the entity are:

 (a) if the entity is a registered political party—the name of the party (the registered name) that is entered in the Register of Political Parties or that name omitting any of the following:

 (i) if the registered name includes both a word or phrase and its abbreviation—the abbreviation;

 (ii) if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;

 (iii) if the registered name includes “of Australia”—those words;

 (iv) if the registered name ends with “Australia”—that word;

 (v) if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or

 (b) if the entity is a disclosure entity (but not a registered political party)—the name of the entity entered on the Transparency Register; or

 (c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX in relation to the entity—the name included in the most recent return given in relation to the entity; or

 (d) in any other case—the name of the entity.

Note: For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.

 (5B) If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties and the entity is:

 (a) a registered political party that has a registered branch or division; or

 (b) a registered branch or division of a registered political party;

then, for the purposes of items 1 and 2 of the table in subsection (5), the required particulars of the name of the entity are taken to be either:

 (c) the particulars referred to in paragraph (5A)(a); or

 (d) the registered abbreviation.

Referendum (Machinery Provisions) Act 1984

3  Subsection 110C(5) (table items 1 and 2, column headed “the following particulars are required …”, paragraph (a))

Repeal the paragraphs, substitute:

(a) the particulars of the name of the entity required by subsection (5A);

4  After subsection 110C(5)

Insert:

 (5A) For the purposes of items 1 and 2 of the table in subsection (5), the required particulars of the name of the entity are:

 (a) if the entity is a registered political party (within the meaning of the Commonwealth Electoral Act 1918)—the name of the party (the registered name) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:

 (i) if the registered name includes both a word or phrase and its abbreviation—the abbreviation;

 (ii) if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;

 (iii) if the registered name includes “of Australia”—those words;

 (iv) if the registered name ends with “Australia”—that word;

 (v) if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or

 (b) if the entity is a disclosure entity (but not a registered political party within the meaning of the Commonwealth Electoral Act 1918)—the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918; or

 (c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity—the name included in the most recent return given in relation to the entity; or

 (d) in any other case—the name of the entity.

Note: For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.

 (5B) If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:

 (a) a registered political party (within the meaning of that Act) that has a registered branch or division; or

 (b) a registered branch or division of a registered political party (within the meaning of that Act);

then, for the purposes of items 1 and 2 of the table in subsection (5), the required particulars of the name of the entity are taken to be either:

 (c) the particulars referred to in paragraph (5A)(a); or

 (d) the registered abbreviation.

5  Application of amendments

(1) Section 321D of the Commonwealth Electoral Act 1918, as amended by this Schedule, applies in relation to electoral matter that is communicated on or after the commencement of this Schedule (regardless of when the content of the matter was approved).

(2) Section 110C of the Referendum (Machinery Provisions) Act 1984, as amended by this Schedule, applies in relation to referendum matter that is communicated on or after the commencement of this Schedule (regardless of when the content of the matter was approved).

Part 2—Broadcasting amendments

Australian Broadcasting Corporation Act 1983

6  Subsection 79A(5)

Insert:

registered political party means a political party that is registered under Part XI of the Commonwealth Electoral Act 1918.

7  Subsection 79A(6) (table item 1, column headed “the required particulars are the following …”, paragraph (a))

Repeal the paragraph, substitute:

(a) the particulars of the name of the entity required by subsection (6A);

8  After subsection 79A(6)

Insert:

 (6A) For the purposes of item 1 of the table in subsection (6), the required particulars of the name of the entity are:

 (a) if the entity is a registered political party—the name of the party (the registered name) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:

 (i) if the registered name includes both a word or phrase and its abbreviation—the abbreviation;

 (ii) if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;

 (iii) if the registered name includes “of Australia”—those words;

 (iv) if the registered name ends with “Australia”—that word;

 (v) if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or

 (b) if the entity is a disclosure entity (but not a registered political party)—the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918; or

 (c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity—the name included in the most recent return given in relation to the entity; or

 (d) in any other case—the name of the entity.

Note: For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.

 (6B) If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:

 (a) a registered political party that has a registered branch or division; or

 (b) a registered branch or division of a registered political party;

then, for the purposes of item 1 of the table in subsection (6), the required particulars of the name of the entity are taken to be either:

 (c) the particulars referred to in paragraph (6A)(a); or

 (d) the registered abbreviation.

Broadcasting Services Act 1992

9  Subclause 1(1) of Schedule 2

Insert:

registered political party means a political party that is registered under Part XI of the Commonwealth Electoral Act 1918.

10  Subclause 1(2) of Schedule 2 (table item 1, column headed “the required particulars are the following …”, paragraph (a))

Repeal the paragraph, substitute:

(a) the particulars of the name of the entity required by subclause (3);

11  At the end of clause 1 of Schedule 2

Add:

 (3) For the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity are:

 (a) if the entity is a registered political party—the name of the party (the registered name) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:

 (i) if the registered name includes both a word or phrase and its abbreviation—the abbreviation;

 (ii) if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;

 (iii) if the registered name includes “of Australia”—those words;

 (iv) if the registered name ends with “Australia”—that word;

 (v) if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or

 (b) if the entity is a disclosure entity (but not a registered political party)—the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918; or

 (c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity—the name included in the most recent return given in relation to the entity; or

 (d) in any other case—the name of the entity.

Note: For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.

 (4) If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:

 (a) a registered political party that has a registered branch or division; or

 (b) a registered branch or division of a registered political party;

then, for the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity in paragraph (3)(a) are taken to be either:

 (c) the particulars referred to in paragraph (3)(a); or

 (d) the registered abbreviation.

Special Broadcasting Service Act 1991

12  Subsection 70A(5)

Insert:

registered political party means a political party that is registered under Part XI of the Commonwealth Electoral Act 1918.

13  Subsection 70A(6) (table item 1, column headed “the required particulars are the following …”, paragraph (a))

Repeal the paragraph, substitute:

(a) the particulars of the name of the entity required by subsection (6A);

14  After subsection 70A(6)

Insert:

 (6A) For the purposes of item 1 of the table in subsection (6), the required particulars of the name of the entity are:

 (a) if the entity is a registered political party—the name of the party (the registered name) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:

 (i) if the registered name includes both a word or phrase and its abbreviation—the abbreviation;

 (ii) if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;

 (iii) if the registered name includes “of Australia”—those words;

 (iv) if the registered name ends with “Australia”—that word;

 (v) if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or

 (b) if the entity is a disclosure entity (but not a registered political party)—the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918; or

 (c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity—the name included in the most recent return given in relation to the entity; or

 (d) in any other case—the name of the entity.

Note: For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.

 (6B) If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:

 (a) a registered political party that has a registered branch or division; or

 (b) a registered branch or division of a registered political party;

then, for the purposes of item 1 of the table in subsection (6), the required particulars of the name of the entity are taken to be either:

 (c) the particulars referred to in paragraph (6A)(a); or

 (d) the registered abbreviation.

15  Application of amendments

 Section 79A of the Australian Broadcasting Corporation Act 1983, clause 1 of Schedule 2 to the Broadcasting Services Act 1992 and section 70A of the Special Broadcasting Service Act 1991, as amended by this Schedule, apply in relation to political matter broadcast on or after the commencement of this Schedule (regardless of when the content of the matter was approved).

 

[Minister’s second reading speech made in—

Senate on 9 February 2022

House of Representatives on 15 February 2022]

(18/22)

 

Overview

The Electoral Legislation Amendment (Authorisations) Act 2022 was enacted to amend the law relating to elections, referendums and broadcasting in respect of authorising matter. This Act was assented to on 17 February 2022 by the Parliament of Australia. The legislation seeks to address issues surrounding the authorisation of entities involved in electoral and broadcasting activities by clarifying and updating the requirements for the disclosure of entity names in electoral and broadcasting communications. This includes specifying the particulars of entity names that must be included or omitted in such communications, thereby ensuring transparency and accuracy in the information provided to the public during electoral and broadcasting processes. The amendments apply to electoral and broadcasting matters communicated on or after the commencement of the respective sections of the Act.

Scope and Application

The Electoral Legislation Amendment (Authorisations) Act 2022 applies to entities involved in elections, referendums, and broadcasting in Australia. Specifically, it amends the Commonwealth Electoral Act 1918, the Referendum (Machinery Provisions) Act 1984, the Australian Broadcasting Corporation Act 1983, the Broadcasting Services Act 1992, and the Special Broadcasting Service Act 1991 to modify the requirements for authorisation particulars in relation to these entities. This Act applies to registered political parties, disclosure entities, and any other entities that may be covered under the specified Acts. The amendments govern the particulars of the names of entities required for authorisation, stipulating specific formats and exclusions for the names of registered political parties and branches, as well as entities on the Transparency Register or those that have filed returns under the Commonwealth Electoral Act 1918. The changes commenced on the day after the Act received Royal Assent, which was 18 February 2022. The application of these amendments extends to electoral, referendum, and political matter communicated or broadcast on or after the commencement of the Schedule to this Act, irrespective of when the content was approved.

Key Provisions

The Electoral Legislation Amendment (Authorisations) Act 2022 makes significant changes to the law governing elections, referendums, and broadcasting. Specifically, it amends the Commonwealth Electoral Act 1918, the Referendum (Machinery Provisions) Act 1984, the Australian Broadcasting Corporation Act 1983, the Broadcasting Services Act 1992, and the Special Broadcasting Service Act 1991. The Act requires certain entities to provide specific details about their names when communicating electoral, referendum, or political matter, and it introduces new definitions and provisions related to registered political parties. These amendments aim to enhance transparency and clarity in the identification of entities involved in these processes. The Act imposes several obligations on the parties or entities it governs. For example, entities must provide the particulars of their names as specified in the amended Acts. If an entity is a registered political party, it must provide the name as it appears in the Register of Political Parties, omitting certain elements such as abbreviations or specific words. If an entity is a registered branch or division of a registered political party, it must include the name of the branch or division. Disclosure entities (those registered on the Transparency Register) must provide their names as listed on the Register. For entities not covered by these categories, the most recent name included in a return under the Commonwealth Electoral Act 1918 must be provided. Furthermore, if a registered abbreviation exists for the entity’s name, it may be used as an alternative to the full name in certain contexts. Failure to comply with the requirements set out in the Electoral Legislation Amendment (Authorisations) Act 2022 can result in civil or criminal consequences. While the specific penalties are not detailed within the Act itself, breaches of electoral laws typically attract penalties under the relevant Acts they amend. For instance, breaches of the Commonwealth Electoral Act 1918 may result in fines or imprisonment, depending on the severity and nature of the offence. Similar penalties apply for breaches of the Referendum (Machinery Provisions) Act 1984, and penalties for breaches of broadcasting laws under the Australian Broadcasting Corporation Act 1983, Broadcasting Services Act 1992, and Special Broadcasting Service Act 1991 can also include fines or imprisonment. The exact penalties would be governed by the specific provisions of these Acts, which may impose fines up to certain monetary limits or imprisonment terms depending on the seriousness of the breach.

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Electoral Law
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Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.