ELECTORAL LEGISLATION AMENDMENT (FAIR AND TRANSPARENT ELECTIONS) BILL 2024

2022-2023-2024

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Electoral Legislation Amendment (Fair

and Transparent Elections) Bill 2024

No. , 2024

(Ms Chaney)

A Bill for an Act to amend the Commonwealth

Electoral Act 1918, and for related purposes

No. , 2024

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

Contents

Short title .............................................................. 1

Commencement .................................................... 1

Schedules.............................................................. 2

Schedule 1--Improving transparency

Part 1--Lowering the disclosure threshold

Commonwealth Electoral Act 1918

Part 2--Real-time disclosure of donations

Commonwealth Electoral Act 1918

Part 3--Truth in political advertising

Commonwealth Electoral Act 1918

Part 4--Definition of gift

Commonwealth Electoral Act 1918

Part 5--Funding disclosure

Commonwealth Electoral Act 1918

Schedule 2--Reducing financial influence

Commonwealth Electoral Act 1918

Schedule 3--Levelling the playing field

Part 1--Pre-election government advertising

Commonwealth Electoral Act 1918

Part 2--Postal voting

Commonwealth Electoral Act 1918

Part 3--Independent campaign entities

Commonwealth Electoral Act 1918

Do Not Call Register Act 2006

No. , 2024

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

A Bill for an Act to amend the Commonwealth

Electoral Act 1918, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Electoral Legislation Amendment (Fair and

Transparent Elections)

Act 2024

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.

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Parts 1 and 2

The first 1 July occurring after the 28th day

after this Act receives the Royal Assent.

3. Schedule 1,

Part 3

The 28th day after this Act receives the

Royal Assent.

4. Schedule 1,

Parts 4 and 5

The first 1 July occurring after the 28th day

after this Act receives the Royal Assent.

5. Schedule 2

The first 1 July occurring after the 28th day

after this Act receives the Royal Assent.

6. Schedule 3

The day after this Act receives the Royal

Assent.

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.

Improving transparency

Schedule 1

Lowering the disclosure threshold

Part 1

No. , 2024

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

Schedule 1--Improving transparency

Part 1--Lowering the disclosure threshold

Commonwealth Electoral Act 1918

1 Subsection 287(1) (definition of disclosure threshold)

Repeal the definition, substitute:

disclosure threshold

means $1,000.

2 Subsection 287(1) (paragraph (a) of the definition of third

party)

Omit "the disclosure threshold", substitute "$20,000".

3 Subsection 314AC(2)

Repeal the subsection.

4 Section 321A

Repeal the section.

Schedule 1

Improving transparency

Part 2

Real-time disclosure of donations

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Part 2--Real-time disclosure of donations

Commonwealth Electoral Act 1918

5 After Division 4 of Part XX

Insert:

Division 4A--Real-time disclosure of receipt of gifts

307AA Interpretation

In this Division:

agent or financial controller

(a) of a political party, candidate or group means the agent of the

political party, candidate or group; or

(b) of an entity that is not a political party or group means the

financial controller of the entity; or

disclosure gift

from a person or entity means a gift that:

(a) is received from the person or entity directly or indirectly

(through one or more interposed entities or persons); and

(b) is more than the disclosure threshold.

disclosure sum

from a person or entity means:

(a) a disclosure gift received from the person or entity directly or

indirectly (through one or more interposed entities or

persons); or

(b) a sum of gifts:

(i) received from the person or entity directly or indirectly

(through one or more interposed entities or persons);

and

(ii) whether or not any of the gifts is a disclosure gift;

if the sum is more than the disclosure threshold.

relevant recipient

means any of the following:

(a) a political entity;

(b) a group;

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(d) a senator or a member of the House of Representatives.

307AB Disclosure of certain gifts--relevant recipients

Returns after receiving disclosure sum

(1) If a relevant recipient receives a disclosure sum from a person or

entity during a financial year, the relevant recipient's agent or

financial controller must provide a return under this section within

7 days after the day:

(a) the relevant recipient receives the first gift (the

threshold-exceeding gift

) (whether or not a disclosure gift)

that makes the sum of gifts received during the financial year

a disclosure sum; and

(b) of each subsequent gift (a

post-threshold gift

) after the

threshold-exceeding gift the relevant recipient receives from

the person or entity during the financial year.

Form of the return

(2) The return must:

(a) be in the approved form; and

(b) in the case of a return required under subsection (1) because

of a threshold-exceeding gift:

(i) set out the disclosure sum received; and

(ii) set out the amount or value of each gift that makes up

the disclosure sum; and

(iii) set out the date on which each of those gifts was

received;

of a post-threshold gift:

(i) set out the amount or value of the post-threshold gift

that was received; and

(ii) set out the date on which the post-threshold gift was

received.

(3) The return must set out:

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(a) if the person or entity was an unincorporated association,

other than a registered industrial organisation:

(i) the name of the association; and

(ii) the names and addresses of the members of the

executive committee (however described) of the

association; or

(b) if the gift or gifts from the person or entity was paid out of a

trust fund or paid out of the funds of a foundation:

(i) the names and addresses of the trustees of the fund or of

the foundation; and

(ii) the title or other description of the trust fund, or the

name of the foundation, as the case requires; or

entity.

Civil penalty

(4) An agent or financial controller of a relevant recipient must not

contravene subsection (1).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the

amount or value, or an estimate of the amount or value, of

gifts not disclosed--3 times that amount or value.

(5) Subsection 93(2) of the Regulatory Powers Act does not apply in

relation to a contravention of subsection (4) of this section.

307AC Disclosure of certain gifts--significant third parties or third

parties

Returns after use of gift

(1) If a significant third party or third party has used any part of a

disclosure sum from a person or entity for a covered purpose

during a financial year, the significant third party's or third party's

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financial controller must provide a return under this section within

7 days after the day:

(a) if a part of a gift that makes up the sum has been used for a

covered purpose before the sum is a disclosure sum--the

sum became a disclosure sum; or

(b) otherwise--a part of the sum is used for a covered purpose.

(2) If:

(a) a significant third party or third party uses during a financial

year a part of a gift (a

post-disclosure sum gift

) received

from a person or entity for a covered purpose; and

(b) before receiving the post-disclosure sum gift, the significant

third party or third party had made a return required under

subsection (1) in relation to the use of a disclosure sum from

the person or entity for a covered purpose during the

financial year;

the significant third party's or third party's financial controller

must provide a return under this section within 7 days after the day

the part of the post-disclosure sum gift is used.

Meaning of covered purposes

(3) In this section:

covered purposes

: the following purposes are

covered purposes

(a) to enable a significant third party or third party to incur

electoral expenditure, or create or communicate electoral

matter;

(b) to reimburse a significant third party or third party for

incurring electoral expenditure, or creating or communicating

electoral matter.

Form of return

(4) The return must:

(a) be in the approved form; and

(b) in the case of a return required under subsection (1):

(i) set out the disclosure sum received; and

(ii) set out the amount or value of each gift that makes up

the disclosure sum; and

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(iii) set out the date on which each of those gifts was

received; and

(iv) set out how the disclosure sum, in whole or part, was

used for a covered purpose; and

(i) set out the amount or value of the post-disclosure sum

gift that was received; and

(ii) set out the date on which the post-disclosure sum gift

was received; and

(iii) set out how the post-disclosure sum gift, in whole or

part, was used for a covered purpose.

(5) The return must set out:

(a) if the person or entity was an unincorporated association,

other than a registered industrial organisation:

(i) the name of the association; and

(ii) the names and addresses of the members of the

executive committee (however described) of the

association; or

(b) if the gift or gifts from the person or entity was paid out of a

trust fund or paid out of the funds of a foundation:

(i) the names and addresses of the trustees of the fund or of

the foundation; and

(ii) the title or other description of the trust fund, or the

name of the foundation, as the case requires; or

entity.

Civil penalty

(6) A financial controller of a significant third party or third party must

not contravene subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

(a) 60 penalty units;

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(b) if there is sufficient evidence for the court to determine the

amount or value, or an estimate of the amount or value, of

gifts not disclosed--3 times that amount or value.

(7) Subsection 93(2) of the Regulatory Powers Act does not apply in

relation to a contravention of subsection (6) of this section.

307AD Exception--private capacity

This Division does not apply to a gift made in a private capacity to

an individual for the individual's personal use.

6 Subsection 320(1) (after table item 4)

Insert:

each return provided under

Division 4A

as soon as reasonably practicable

after receiving the return.

Schedule 1

Improving transparency

Part 3

Truth in political advertising

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Part 3--Truth in political advertising

Commonwealth Electoral Act 1918

7 After Part XXA

Insert:

Part XXB--Misleading and deceptive political

advertising

321J Definitions

In this Part:

election participant

: see subsection 321JB(3).

engage in conduct

means:

(a) do an act; or

(b) omit to perform an act.

publish

means communicate by any means, including by print,

radio, television, internet or telephone.

referendum

has the same meaning as in the

Referendum

(Machinery Provisions) Act 1984

referendum matter

: see section 321JA.

321JA Meaning of referendum matter

(1)

Referendum matter

means matter communicated or intended to be

communicated for the dominant purpose of influencing the way

electors vote in a referendum, including by promoting or opposing:

(a) any of the referendum options; or

(b) a person or entity associated with any of the referendum

options.

Note:

Communications whose dominant purpose is to educate their audience

on a public policy issue, or to raise awareness of, or encourage debate

on, a public policy issue, are not for the dominant purpose of

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influencing the way electors vote in a referendum (as there can be

only one dominant purpose for any given communication).

(2) For the purposes of subsection (1), each creation, recreation,

communication or recommunication of matter is to be treated

separately for the purposes of determining whether matter is

referendum matter.

Note:

For example, matter that is covered by an exception under

subsection (5) when originally communicated may become

referendum matter if recommunicated for the dominant purpose

referred to in subsection (1).

Rebuttable presumption for matter that expressly promotes or

opposes referendum options etc.

(3) Without limiting subsection (1), the dominant purpose of the

communication or intended communication of matter that

expressly promotes or opposes:

(a) any of the referendum options; or

(b) a person or entity associated with any of the referendum

options;

is presumed to be the purpose referred to in subsection (1), unless

the contrary is proved.

Matters to be taken into account

(4) Without limiting subsection (1), the following matters must be

taken into account in determining the dominant purpose of the

communication or intended communication of matter:

(a) whether the communication or intended communication is or

would be to the public or a section of the public;

(b) whether the matter contains an express or implicit comment

on any of the referendum options or any person or entity

associated with any of the referendum options;

would be received by electors near a polling place;

(d) how soon a referendum is to be held after the creation or

communication of the matter;

(e) whether the communication or intended communication is or

would be unsolicited.

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Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Exceptions

(5) Despite subsections (1) and (3), matter is not

referendum matter

the communication or intended communication of the matter:

(a) forms or would form part of the reporting of news, the

presenting of current affairs or any genuine editorial content

in news media; or

(b) is or would be by a person for a dominant purpose that is a

satirical, academic, educative or artistic purpose, taking into

account any relevant consideration including the dominant

purpose or any other communication of matter by the person;

another person who is known to the first person; or

(d) is or would be by or to a person who is a Commonwealth

public official (within the meaning of the

Criminal Code

) in

that person's capacity as such an official; or

(e) is or would be a private communication to a political entity

(who is not a Commonwealth public official) in relation to

public policy or public administration; or

(f) occurs or would occur in the House of Representatives or the

Senate, or is or would be to a parliamentary committee.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matters in this subsection (see

subsection 13.3(3) of the

Criminal Code

321JB Electoral matter or referendum matter that is misleading or

deceptive etc.

Electoral matter or referendum matter that is misleading or

deceptive etc.

(1) A person must not print, publish or distribute, or cause, permit or

authorise to be printed, published or distributed, electoral matter or

referendum matter if the matter contains a statement in relation to a

matter of fact (including an implied statement) that is:

(a) misleading or deceptive to a material extent; or

(b) likely to mislead or deceive to a material extent.

Example 1: Electoral matter that states that a candidate in an election made a

statement that the candidate did not make.

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Example 2: Referendum matter that states that a person or entity associated with

any of the referendum options made a statement that that person or

entity did not make.

Note:

See also section 329 (Misleading or deceptive publications etc. in

relation to the casting of a vote) of this Act and section 122

(Misleading or deceptive publications etc.) of the

Referendum

(Machinery Provisions) Act 1984

Impersonating or passing-off

(2) Without limiting subsection (1), a person must not engage in

conduct if:

(a) the conduct is likely to cause another person to believe any of

the following in relation to electoral matter or referendum

matter that is printed, published or distributed:

(i) the electoral matter is printed, published or distributed

by a particular election participant;

(ii) the referendum matter is printed, published or

distributed by a particular person or entity associated

with any of the referendum options;

(iii) a particular election participant caused, permitted or

authorised the electoral matter to be printed, published

or distributed;

(iv) a particular person or entity associated with any of the

referendum options authorised the referendum matter to

be printed, published or distributed;

(v) the electoral matter is authorised by a particular election

participant;

(vi) the referendum matter is authorised by a particular

person or entity associated with any of the referendum

options; and

(b) that belief would be incorrect.

Example 1: Electoral matter that purports to have been published by the campaign

of a candidate in an election but is actually published by someone

opposed to the candidate.

Example 2: A pre-recorded telephone message that consists of a voice recording

of someone impersonating a candidate in an election.

Example 3: Referendum matter that purports to have been published by a person

or entity associated with any of the referendum options but is actually

published by someone opposed to that person or entity or opposed to

one or more of the referendum options.

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Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Example 4: A pre-recorded telephone message that consists of a voice recording

of someone impersonating a person or entity associated with any of

the referendum options.

(3) Each of the following is an

election participant

(a) a political entity;

(b) a significant third party (within the meaning of section 287);

section 6).

321JC Complaints

Any person may make a written complaint to the Electoral

Commissioner that another person has breached section 321JB.

321JD Powers of Electoral Commissioner

Electoral Commissioner may investigate possible breaches

(1) The Electoral Commissioner may investigate (whether in response

to a complaint made under section 321JC or on the Electoral

Commissioner's own initiative) a possible breach of section 321JB

if the Commissioner is satisfied on reasonable grounds that the

investigation would be in the public interest.

Electoral Commissioner may request person to end breaches

(2) If the Electoral Commissioner is satisfied on reasonable grounds

(whether or not following an investigation under subsection (1) of

this section) that a person has breached section 321JB, the

Electoral Commissioner may:

(a) ask the person not to print, publish or distribute the relevant

electoral matter or referendum matter, or not to cause, permit

or authorise the relevant electoral matter or referendum

matter to be printed, published or distributed; or

(b) ask the person to publish, or cause to be published, a

retraction or correction in specified terms and in a specified

way; or

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321JE Powers of courts

(1) On application by:

(a) the Electoral Commissioner; or

(b) a person who has made a complaint under section 321JC;

a court of competent jurisdiction that is satisfied on reasonable

grounds that a person has contravened section 321JB may order the

person:

or referendum matter, or not to cause, permit or authorise the

relevant electoral matter or referendum matter to be printed,

published or distributed; or

(d) to publish, or cause to be published, a retraction or correction

in specified terms and in a specified way.

(2) The Electoral Commissioner must not make an application under

paragraph (1)(a) in relation to a contravention of section 321JB

unless the Electoral Commissioner has made a request under

subsection 321JD(2) in relation to the contravention.

(3) Without limiting the powers of a court in dealing with an

application made under paragraph (1)(b), the court may dismiss

such an application if the application:

(a) is frivolous, vexatious, misconceived or lacking in substance;

(b) has no reasonable prospects of success; or

321JF Offence

(1) A person commits an offence if:

(a) the person is subject to a requirement under section 321JB;

and

(b) the person engages in conduct; and

Penalty: 50 penalty units.

(2) In a prosecution of a person for an offence against subsection (1), it

is a defence if the defendant:

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Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

(a) took no part in determining the content of the electoral matter

or referendum matter to which the offence relates; and

(b) could not reasonably be expected to have known that the

statement to which the offence relates was misleading or

deceptive, or was likely to mislead or deceive.

Note:

The defendant bears an evidential burden in relation to the matters

mentioned in this subsection (see subsection 13.3(3) of the

Criminal

Code

(3) If a person is found guilty of an offence against subsection (1) of

this section, the court must take the person's response to any

relevant request under subsection 321JD(2) into account in

deciding the penalty for the offence.

(4) Section 15.2 of the

Criminal Code

(extended geographical

jurisdiction--category B) applies to an offence against

subsection (1) of this section.

8 Section 329 (at the end of the heading)

Add, "

in relation to the casting of a vote

9 After subsection 383(10)

Insert:

This section does not apply in relation to contraventions of

Part XXB

(10A) This section does not apply in relation to a contravention of, or an

offence against, Part XXB (Misleading and deceptive political

advertising).

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Definition of gift

Part 4

No. , 2024

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

Part 4--Definition of gift

Commonwealth Electoral Act 1918

10 Subsection 287(1) (definition of gift)

Repeal the definition, substitute:

gift

has the meaning given by section 287AAA.

11 Subsection 287(1)

Insert:

trade union

means:

(a) an association of employees that is registered as an

organisation, or recognised, under the

Fair Work (Registered

Organisations) Act 2009

; or

(b) a trade union within the meaning of any State Act or law of a

Territory.

12 After section 287

Insert:

287AAA Meaning of gift--general

(1)

Gift

means:

(a) any disposition of property made:

(i) by a person to or for the benefit of another person; and

(ii) without consideration in money or money's worth or

with inadequate consideration; or

(b) the provision of a service for no consideration or for

inadequate consideration:

(i) including if the service is a professional service so

provided by an individual who is a member of the

relevant profession; but

(ii) not including volunteer labour; or

other payment to entitle that or any other person to

participate in or otherwise obtain any benefit from a

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Definition of gift

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

fundraising venture or function if the amount forms part of

the proceeds of the venture or function; or

(d) a subscription paid to:

(i) a political party; or

(ii) a State branch of a political party; or

(iii) a division of a State branch of a political party; or

(iv) a trade union;

in respect of another person's membership of the party,

branch, division or union; or

(e) something that is a gift under section 287AAB or 287AAC.

(2) However,

gift

does not include:

(a) a payment under Division 3; or

(b) any visit, experience or activity provided for the purposes of

a political exchange program.

287AAB Meaning of gift--gifts to political entities

Scope of this section

(1) If:

(a) for the dominant purpose of promoting a political entity for

political office, a person:

(i) incurs electoral expenditure; or

(ii) gives a gift-in-kind to the political entity; and

(b) the value of the electoral expenditure or gift-in-kind (less any

consideration) is more than $1,000;

the electoral expenditure or gift-in-kind is taken to be a

gift

made

by the person to the political entity.

(2) However, a reference in this Part to the political entity receiving a

gift does not include a reference to receiving a thing that is taken to

be gift only because of subsection (1) if:

(a) the political entity does not know:

(i) that the thing is done; or

(ii) the matters mentioned in paragraphs (1)(a) and (b) in

relation to the thing; and

(b) this lack of knowledge is reasonable in the circumstances.

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Definition of gift

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(3) A reference in this section to electoral expenditure incurred, or a

gift-in-kind given, by a person includes a reference to electoral

expenditure incurred, or a gift-in-kind given, by a person on behalf

of the members of an unincorporated association.

(4) For the purposes of this section:

(a) a thing done for the dominant purpose of promoting a

registered political party is taken not to be done for the

purpose of promoting:

(i) a State Branch of that party; or

(ii) a candidate endorsed by that party; and

(b) a thing done for the dominant purpose of promoting a State

Branch of a registered political party is taken not to be done

for the purpose of promoting a candidate endorsed by that

State Branch; and

is taken not to be done for the purpose of promoting a

candidate in an election; and

(d) it does not matter whether a political entity knows the

identity of the person who does a thing.

(5) This section does not apply for the purposes of

subsections 314AGD(3) and (6) (about prohibited donations).

287AAC Meaning of gift to member of Parliament

Scope of this section

(1) If:

(a) for the dominant purpose of promoting a member of the

Commonwealth Parliament for political office, a person:

(i) incurs electoral expenditure; or

(ii) gives a gift-in-kind to the member; and

(b) the value of the electoral expenditure or gift-in-kind (less any

consideration) is more than $1,000;

the electoral expenditure or gift-in-kind is taken to be a

gift

made

by the person to the member.

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Part 4

Definition of gift

Electoral Legislation Amendment (Fair and Transparent Elections)

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(2) However, a reference in this Part to the member receiving a gift

does not include a reference to receiving a thing that is taken to be

gift only because of subsection (1) if:

(a) the member does not know:

(i) that the thing is done; or

(ii) the matters mentioned in paragraphs (1)(a) and (b) in

relation to the thing; and

(b) this lack of knowledge is reasonable in the circumstances.

(3) A reference in this section to electoral expenditure incurred, or a

gift-in-kind given, by a person includes a reference to electoral

expenditure incurred, or a gift-in-kind given, by a person on behalf

of the members of an unincorporated association.

(4) For the purposes of this section:

(a) a thing done for the dominant purpose of promoting a

registered political party or a State Branch of a registered

political party is taken not to be done for the purpose of

promoting a member of the Commonwealth Parliament who

belongs to that party or State Branch; and

(b) it does not matter whether a member of the Commonwealth

Parliament knows the identity of the person who does a

thing.

(5) This section does not apply for the purposes of

subsections 314AGD(3) and (6) (about prohibited donations).

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Funding disclosure

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Part 5--Funding disclosure

Commonwealth Electoral Act 1918

13 Subsection 314AA(1)

Insert:

registered charity

means an entity that is registered under the

Australian Charities and Not-for-profits Commission Act 2012

the type of entity mentioned in column 1 of item 1 of the table in

subsection 25-5(5) of that Act.

14 Subparagraph 314AB(2)(a)(i)

Repeal the subparagraph, substitute:

(i) unless subparagraph (ia) applies--the total amount

received by, or on behalf of, the registered political

party or significant third party during the financial year,

together with the details required by sections 314AC

and 314ACA;

(ia) for significant third parties that are registered

charities--the total amount and details mentioned in

subsection (2A) of this section;

15 After subsection 314AB(2)

Insert:

(2A) For the purposes of subparagraph (2)(a)(ia), the return for a

registered charity must set out:

(a) the total amount received by, or on behalf of, the registered

charity during the financial year; and

(b) the details required by section 314AC; and

to so much of that total amount as was used by the registered

charity for electoral expenditure.

16 After section 314AC

Insert:

Schedule 1

Improving transparency

Part 5

Funding disclosure

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

314ACA Amounts received--other details

(1) The return must include the following details in respect of the

amount referred to in subparagraph 314AB(2)(a)(i) or

paragraph 314AB(2A)(c):

(a) the sum of all amounts received from fund-raising events;

(b) the sum of all amounts received from investments;

fees or subscriptions;

(d) the sum of all amounts received as public funding from the

Commonwealth Government or a government of a State or

Territory;

(e) the sum of all amounts received as a loan;

(f) the sum of all amounts received as a transfer from:

(i) a registered political party; or

(ii) a State branch of a registered political party;

(g) the sum of all amounts received that are not referred to in a

preceding paragraph.

(2) For each sum referred to in subsection (1), the return must specify:

(a) each amount included in the sum; and

(b) the date each amount was received; and

(d) in the case of the sum referred to in paragraph (1)(e)--the

terms and conditions of each loan.

17 Paragraphs 314AEA(1)(a) and (2)(c)

Omit "section 314AC", substitute "sections 314AC and 314ACA".

18 Subsection 314AEA(5)

After "314AC", insert ", 314ACA".

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Schedule 2

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Schedule 2--Reducing financial influence

Commonwealth Electoral Act 1918

1 After Division 5A of Part XX

Insert:

Division 5AA--Prohibited donations and cap on political

donations

Subdivision A--Definitions

314AGA Definitions

In this Division:

amount

, of an eligible contribution, means:

(a) if the eligible contribution is a payment--the amount of the

payment; or

(b) if the eligible contribution is a disposal of property--the

market value of the property at the time of the disposal; or

subsection 314AGI(2)--that amount.

associated entity

, of a person, means:

(a) an associate (within the meaning of section 318 of the

Income Tax Assessment Act 1936

) of the person; or

(b) another person for whom the first-mentioned person is an

associate (within the meaning of section 318 of that Act).

close associate

of a corporation means each of the following:

(a) a director or officer of the corporation or the spouse of such a

director or officer;

(b) a related body corporate of the corporation;

body corporate of the corporation is greater than 20%, or the

spouse of such a person;

Schedule 2

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(d) if the corporation or a related body corporate of the

corporation is a stapled entity in relation to a stapled

security--the other stapled entity in relation to that stapled

security;

(e) if the corporation is a trustee, manager or responsible entity

in relation to a trust--a person who holds more than 20% of

the units in the trust (in the case of a unit trust) or is a

beneficiary of the trust (in the case of a discretionary trust).

Commonwealth contract bidder

means:

(a) a person who is bidding to become a party to a contract with

the Commonwealth or a Commonwealth entity; or

(b) a related body corporate of a person covered by

paragraph (a).

Commonwealth contractor

means:

(a) a person who is a party to a contract with the Commonwealth

or a Commonwealth entity; or

(b) a person who is a subcontractor for a contract with the

Commonwealth or a Commonwealth entity; or

or (b).

Commonwealth entity

means:

(a) a body corporate established for a public purpose by or under

an Act; or

(b) a company in which a controlling interest is held by any one

of the following persons, or any 2 or more of the following

persons together:

(i) the Commonwealth;

(ii) a body covered by paragraph (a).

electoral cycle

means the period:

(a) starting on the day after a general election; and

(b) ending on the day of the next general election.

electoral expenditure

has the same meaning as in Division 5.

eligible contribution

has the meaning given by section 314AGI.

fossil fuels business entity

means:

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(a) a corporation engaged in a business undertaking that involves

the manufacture or sale of fossil fuels; or

(b) a person who is a close associate of a corporation referred to

in paragraph (a).

gambling industry business entity

means:

(a) a corporation engaged in a business undertaking that involves

wagering, betting or other gambling (including the

manufacture of machines used primarily for that purpose); or

(b) a person who is a close associate of a corporation referred to

in paragraph (a).

liquor industry business entity

means:

(a) a corporation engaged in a business undertaking that involves

the manufacture or sale of liquor products; or

(b) a person who is a close associate of a corporation referred to

in paragraph (a).

major donor cap

, for an electoral cycle, means 2% of the total

amount of election funding payable under Division 3 in relation to:

(a) the general election held on the day before the start of the

electoral cycle; and

(b) any election of senators for a State or Territory also held on

that day.

officer

, in relation to a corporation, has the same meaning as in the

Corporations Act 2001

political donation

has the meaning given by section 314AGB.

prohibited donation

, for a relevant donor, has the meaning given

by section 314AGC.

related body corporate

has the same meaning as in the

Corporations Act 2001

relevant donor

means:

(a) a gambling industry business entity; or

(b) a liquor industry business entity; or

(d) a fossil fuels business entity; or

Schedule 2

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(e) a Commonwealth contractor; or

(f) a Commonwealth contract bidder.

spouse

of a person includes a de facto partner of that person.

Note:

For

de facto partner

, see section 21 of the

Acts Interpretation Act

1901

stapled entity

means an entity the interests in which are traded

along with the interests in another entity as stapled securities and

(in the case of a stapled entity that is a trust) includes any trustee,

manager or responsible entity in relation to the trust.

State branch

includes a division of a State branch.

tobacco industry business entity

means:

(a) a corporation engaged in a business undertaking that involves

the manufacture or sale of tobacco or inhaled nicotine

products; or

(b) a person who is a close associate of a corporation referred to

in paragraph (a).

voting power

has the same meaning as in the

Corporations Act

2001

314AGB Meaning of political donation

Each of the following is a

political donation

(a) a gift made to or for the benefit of a political party or a State

branch of a political party;

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

Commonwealth Parliament;

member of a group);

(d) a gift made to or for the benefit of an associated entity of a

registered political party;

(e) a gift made to or for the benefit of a significant third party;

(f) a gift made to or for the benefit of an entity or other person

(not being a party, elected member, group or candidate), the

whole or part of which was used or is intended to be used by

the entity or person:

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(i) to enable the entity or person to make, directly or

indirectly, a political donation or to incur electoral

expenditure in relation to an election;

(ii) to reimburse the entity or person for making, directly or

indirectly, a political donation or incurring electoral

expenditure in relation to an election;

(g) a loan:

(i) that, if it had been a gift, would have been a political

donation under this section; and

(ii) that was not made by a financial institution (within the

meaning of section 306A).

314AGC Meaning of prohibited donation

(1) A political donation is a

prohibited donation

for a relevant donor if

the relevant donor is:

(a) a gambling industry business entity; or

(b) a liquor industry business entity; or

(d) a fossil fuels business entity.

(2) A political donation is a

prohibited donation

for a relevant donor

if:

(a) the relevant donor is a Commonwealth contractor; and

(b) during the period of 24 months ending immediately before

the donation is made, the sum of payments received by the

consultant in the capacity of Commonwealth contractor is

$200,000 or more.

(3) A political donation is a

prohibited donation

for a relevant donor if

the relevant donor is a Commonwealth contract bidder.

Subdivision B--Prohibited donations

314AGD Prohibited donations by relevant donors unlawful

(1) It is unlawful for a relevant donor to make a political donation that

is a prohibited donation for the relevant donor.

Schedule 2

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(2) It is unlawful for a person to make a political donation on behalf of

a relevant donor if the political donation is a prohibited donation

for the relevant donor.

(3) It is unlawful for a person to accept a political donation that was

made (wholly or partly) by a relevant donor, or by a person on

behalf of a relevant donor, if the political donation is a prohibited

donation for the relevant donor.

(4) It is unlawful for a relevant donor to solicit another person to make

a political donation that is a prohibited donation for the relevant

donor.

(5) It is unlawful for a person to solicit another person on behalf of a

relevant donor to make a political donation that is a prohibited

donation for the relevant donor.

(6) If a person receives a gift that, under this section, it is unlawful for

the person to receive, an amount equal to the amount or value of

the gift is payable by that person to the Commonwealth and may be

recovered by the Commonwealth as a debt due to the

Commonwealth by action, in a court of competent jurisdiction,

against:

(a) in the case of a gift to or for the benefit of a political party or

a State branch of a political party:

(i) if the party or branch, as the case may be is a body

corporate--the party or branch, as the case may be; or

(ii) in any other case--the agent of the party or branch, as

the case may be; or

(b) in any other case--the candidate or a member of the group or

the agent of the candidate or of the group, as the case may be.

314AGE Civil penalty--prohibited donations

(1) A person (the

defendant

) contravenes this subsection if:

(a) the defendant is a relevant donor; and

(b) the defendant makes a gift; and

(2) A person (the

defendant

) contravenes this subsection if:

(a) the defendant makes a gift on behalf of another person; and

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Bill 2024

(b) the other person is a relevant donor; and

(3) A person (the

defendant

) contravenes this subsection if:

(a) the defendant accepts a gift; and

(b) the gift was given (wholly or partly) by, or by a person on

behalf of, a relevant donor; and

(4) A person (the

defendant

) contravenes this subsection if:

(a) the defendant is a relevant donor; and

(b) the defendant solicits another person to make a gift; and

donor.

(5) A person (the

defendant

) contravenes this subsection if:

(a) the defendant solicits another person to make a gift; and

(b) the defendant does so on behalf of another person (the

donor

); and

(d) the gift is, or would be, a prohibited donation for the relevant

donor.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (1), (2), (3), (4) or (5).

Civil penalty:

The higher of the following amounts:

(a) 400 penalty units;

(b) if there is sufficient evidence for the court to determine the

amount or value, or an estimate of the amount of value, of the

gift at the time the gift is made--3 times that amount or

value.

Schedule 2

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Bill 2024

No. , 2024

314AGF Civil penalty--scheme to circumvent prohibitions

(1) A person contravenes this subsection if the person enters into or

carries out a scheme (whether alone or with others) for the purpose

of circumventing a prohibition or requirement of this Subdivision.

Civil penalty:

400 penalty units.

(2) It does not matter whether the person also enters into or carries out

the scheme for other purposes.

(3) In this section:

scheme

includes an arrangement, an understanding or a course of

conduct.

314AGG Electoral Commission may determine that a person is

presumed not to be a relevant donor

(1) The Electoral Commission may determine, in writing, that a person

(the

donor

) is presumed not to be a relevant donor for the purposes

of this Subdivision if:

(a) a donor or another person (the

applicant

) applies to the

Commission for the determination to be made; and

(b) the Commission is satisfied that it is more likely than not that

the donor is not a relevant donor.

(2) The Electoral Commission can decide whether or not to make a

determination under subsection (1) on the basis of information

provided by the applicant and their own inquiries.

(3) A determination under subsection (1) remains in force for 12

months after it is made, unless it is revoked earlier.

(4) The Electoral Commission may, by written notice to the applicant,

revoke a determination under subsection (1) if the Commission is

no longer satisfied of the matter in paragraph (1)(b). Subsection (2)

does not apply to a decision of whether or not to revoke a

determination under this subsection.

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Effect of presumption

(5) If a person is, under a determination made under subsection (1),

presumed not to be a relevant donor, then sections 314AGD,

314AGE and 314AGF do not apply in relation to a gift made by or

on behalf of the person.

(6) However, subsection (5) does not apply to a person who knows

that information provided to the Electoral Commission in

connection with the making of the determination was false or

misleading in a material particular.

(7) The onus of proving that a person is not presumed not to be a

relevant donor under a determination made under subsection (1) is

born by:

(a) in proceedings under section 314AGD--the Commonwealth;

(b) in proceedings for a civil penalty order for a contravention of

a subsection of section 314AGE or 314AGF--the Electoral

Commissioner.

Register of determinations

(8) The Electoral Commission must maintain, and publish on the

Commission's website, a register of determinations made under

subsection (1).

Determination is not a legislative instrument

(9) A determination made under subsection (1) is not a legislative

instrument.

Subdivision C--Cap on political donations

314AGH Simplified outline of this Subdivision

During an electoral cycle, it is unlawful for a person to cause

political donations to be made that exceed a cap. As well as

counting political donations made by the person directly, this

Subdivision counts other contributions made by the person that

result in political donations made by others.

Schedule 2

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No. , 2024

Similarly, during an electoral cycle it is unlawful for a candidate to

exceed this cap when making their own money available.

If a political party or candidate etc. accepts a political donation

directly or indirectly from a person who has exceeded this cap, the

political party or candidate etc. must pay the Commonwealth an

amount equal to the political donation.

Similarly, if a candidate exceeds this cap when making their own

money available, the candidate must pay the Commonwealth an

amount equal to the excess.

An organisation that makes political donations from gifts or

subscriptions received from others will only be penalised if:

(a)

the total gifts or subscriptions received by the

organisation from a particular person, and the person's

associates and agents, exceed this cap; and

(b)

the organisation fails to either refund this excess or to

notify the Electoral Commission about this excess.

314AGI Meaning of eligible contribution

Main case--payment or disposal of property to another person

(1) A payment, or disposition of other property, made by a person

during an electoral cycle is an eligible contribution if:

(a) the payment or disposition is a political donation made

during the electoral cycle, so long as the political donation is

not made as a result of the person receiving one or more

payments or dispositions covered by paragraph (b); or

(b) both of the following are true:

(i) the payment or disposition is not a political donation;

(ii) a significant reason for making the payment or

disposition is to provide another person or entity with

the funds or property to make one or more political

donations during the electoral cycle.

Note 1:

Paragraph (a) means a person makes an eligible contribution if the

person makes a political donation, so long as the person does not

make the political donation as an aggregator (as defined in note 2).

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Bill 2024

Note 2:

Paragraph (b) means a person makes an eligible contribution if the

person gives a gift or subscription fees to enable another person or

entity (the

aggregator

) to make political donations.

Note 3:

Paragraphs (a) and (b) mean that a political donation made by an

aggregator will not be an eligible contribution. Instead, paragraph (b)

"looks through" the aggregator to classify each contribution made

(directly or indirectly) to the aggregator as an eligible contribution.

Additional case--candidate makes their own money available

(2) An amount of money made available by a person during the

electoral cycle for the benefit of the person as a candidate is an

eligible contribution

made by the person during the electoral cycle.

314AGJ Making excess eligible contributions is unlawful

Making excess eligible contributions

(1) It is unlawful for a person (the

donor

) to make an eligible

contribution during an electoral cycle to the extent that the sum of:

(a) the amount of the eligible contribution; and

(b) the amount of each other eligible contribution made during

the electoral cycle by:

(i) the donor or an associated entity of the donor; or

(ii) a person on behalf of the donor or an associated entity

of the donor;

exceeds (or further exceeds) the major donor cap for the electoral

cycle.

An amount equal to political donations etc. resulting from excess

eligible contributions must be paid to the Commonwealth

(2) If:

(a) during an electoral cycle, a person (the

recipient

(i) accepts a gift that is a political donation because of

paragraph 314AGB(a), (b), (c), (d) or (e), and the

political donation is, or results from, an eligible

contribution; or

(ii) makes an eligible contribution of the kind described in

subsection 314AGI(2); and

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(b) the making of that eligible contribution is unlawful under

subsection (1) because some or all of it exceeds (or further

exceeds) the major donor cap for the electoral cycle;

then an amount equal to the excess is payable to the

Commonwealth and may be recovered by the Commonwealth as a

debt due to the Commonwealth by action, in a court of competent

jurisdiction, against:

(d) if the recipient is a person--the recipient; or

(e) otherwise--an agent of the recipient.

Note:

This subsection does not apply to a person who collects gifts or

subscriptions etc. for the purposes of making political donations.

314AGK Civil penalty--excess eligible contributions

Making excess eligible contributions

(1) A person contravenes this subsection if:

(a) the person makes an eligible contribution; and

(b) making the eligible contribution is unlawful because of

subsection 314AGJ(1).

Aggregator failing to refund or give notice of excess eligible

contributions

(2) A person (the

aggregator

) contravenes this subsection if:

(a) during an electoral cycle, the aggregator receives one or more

eligible contributions of the kind described in

paragraph 314AGI(1)(b); and

(b) those eligible contributions are received (directly or

indirectly) from one or more of the following:

(i) another person (the

donor

) or an associated entity of the

donor;

(ii) a person on behalf of the donor or an associated entity

of the donor; and

exceeds) the major donor cap for the electoral cycle; and

(d) the aggregator fails to either:

(i) make sufficient refunds so that there is no longer an

excess; or

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(ii) promptly give the Electoral Commission a written

notice stating that the donor has exceeded the cap, and

setting out the source, amount and time for each of

those eligible contributions.

Note:

The sum in paragraph (c) is only of eligible contributions received by

the aggregator, which means the aggregator will be in a position to

monitor the source of these contributions.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

(a) 400 penalty units;

(b) if there is sufficient evidence for the court to determine the

amount of the excess that has caused the contravention--3

times that amount or value.

314AGL Civil penalty--scheme to circumvent prohibitions

(1) A person contravenes this subsection if the person enters into or

carries out a scheme (whether alone or with others) for the purpose

of circumventing a prohibition or requirement of this Subdivision.

Civil penalty:

400 penalty units.

(2) It does not matter whether the person also enters into or carries out

the scheme for other purposes.

(3) In this section:

scheme

includes an arrangement, an understanding or a course of

conduct.

2 Subsection 315A(1)

After "or subsection 301(3)", insert ", 314AGD(6) or 314AGJ(2)".

3 Application of the cap on political donations

Subdivision C of Division 5AA of Part XX of the

Commonwealth

Electoral Act 1918

(as inserted by this Schedule) applies in relation to

each electoral cycle starting after the commencement of this Schedule.

Schedule 3

Levelling the playing field

Part 1

Pre-election government advertising

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Schedule 3--Levelling the playing field

Part 1--Pre-election government advertising

Commonwealth Electoral Act 1918

1 In the appropriate position

Insert:

Part XXC--Pre-election government advertising

321KA Interpretation

In this Part:

government advertisement

means any writing, still or moving

picture, sign, symbol or other visual image, or any audible

message, or any combination of 2 or more of those things that:

(a) gives publicity to, or otherwise promotes or is intended to

promote, an Australian Government policy, program,

assistance, initiative or service; and

(b) is authorised by, or on behalf of, the Australian Government;

and

meaning of the

Public Governance, Performance and

Accountability Act 2013

Independent Communications Committee

means the Independent

Communications Committee mentioned in the document entitled

"Australian Government Guidelines on Information and

Advertising Campaigns by non-corporate Commonwealth entities",

published by the Australian Government in December 2022.

pre-election period

means the period that:

(a) starts 2 years after the polling day for a general election; and

(b) ends on the polling for the next general election.

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Schedule 3

Pre-election government advertising

Part 1

No. , 2024

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Bill 2024

publish

means communicate by any means, including by print,

radio, television, internet or telephone.

321KB Prohibition on government advertising during pre-election

period

(1) A person commits an offence if:

(a) the person publishes, or causes to be published, a government

advertisement in Australia; and

(b) the publication occurs during a pre-election period.

Penalty: 120 penalty units.

(2) Subsection (1) does not apply if the Independent Communications

Committee determines, in writing, that the government

advertisement is exempt from this section because it is required

for:

(a) a national emergency; or

(b) a public health campaign with a dominant purpose of a

call-to-action; or

(d) another compelling reason.

Implied freedom of political communication

(3) This section has no effect to the extent (if any) that its operation

would infringe any constitutional doctrine of implied freedom of

political communication.

(4) Subsection (3) does not limit the application of section 15A of the

Acts Interpretation Act 1901

to this Act.

Interaction with other laws

(5) This section applies despite any other law of the Commonwealth.

Determination not a legislative instrument

(6) A determination made under subsection (2) is not a legislative

instrument.

Schedule 3

Levelling the playing field

Part 1

Pre-election government advertising

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

2 Application provision

The amendment of the

Commonwealth Electoral Act 1918

made by this

Part applies in relation to pre-election periods that start on or after the

commencement of this item.

Levelling the playing field

Schedule 3

Postal voting

Part 2

No. , 2024

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

Part 2--Postal voting

Commonwealth Electoral Act 1918

3 Section 184AA

Repeal the section, substitute:

184AA Application forms for postal votes

(1) Subject to subsection (2), an application form for a postal vote

must be issued to the applicant by the Electoral Commissioner or

an Assistant Returning Officer.

(2) An application form for a postal vote may be issued to the

applicant by:

(a) a registered political party; or

(b) a candidate in a Senate election; or

but only if the applicant has requested, in writing, the party or

candidate (as the case may be) to issue the application form to the

applicant.

(3) An application form for a postal vote must not contain, be

physically attached to, or form part of, written material issued by

any person or organisation other than the Electoral Commissioner.

(4) An application form for a postal vote must not be sent, on behalf of

the applicant, to the Electoral Commissioner or Assistant

Returning Officer by:

(a) a registered political party; or

(b) a candidate in a Senate election; or

4 Subsection 188(1)

After "subsection 184(1)", insert "and section 184AA".

Schedule 3

Levelling the playing field

Part 2

Postal voting

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

5 Application provision

The amendments of the

Commonwealth Electoral Act 1918

made by

this Part apply in relation to elections the writs for which are issued on

or after the commencement of this item.

Levelling the playing field

Schedule 3

Independent campaign entities

Part 3

No. , 2024

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

Part 3--Independent campaign entities

Commonwealth Electoral Act 1918

6 Subsection 4(1)

Insert:

independent campaign entity

means an organisation the object or

activity, or one of the objects or activities, of which is the

promotion of the election to the Senate or the House of

Representatives of an independent candidate (within the meaning

of Part XII).

registered independent campaign entity

means an independent

campaign entity that is registered under Part XII.

7 Subsection 4(1) (at the end of the definition of political

entity (before the note))

Add:

; and has a meaning affected by subsection 287(1).

8 Subsection 90B(1) (after table item 4)

Insert:

4AA

a registered

independent campaign

entity for an

independent candidate

a copy of a habitation

index

(a) on request by the

entity; and

(b) without charge; and

subsection (3AA).

9 After subsection 90B(3)

Insert:

Information given to registered independent campaign entities

(3AAA) Despite subsection (1), the Electoral Commission need not give a

registered independent campaign entity for an independent

candidate information in relation to persons enrolled in a Division,

or in a State or Territory, unless it is the Division or the State or

Schedule 3

Levelling the playing field

Part 3

Independent campaign entities

Electoral Legislation Amendment (Fair and Transparent Elections)

Bill 2024

No. , 2024

Territory in relation to which the independent candidate intends to

stand as a candidate.

10 Subsection 90B(3A) (heading)

Omit "

parliamentarians

11 Before subsection 90B(3A)

Insert:

(3AA) On request by a registered independent campaign entity to which

item 4AA of the table in subsection (1) relates, the Electoral

Commission may comply with the item by giving the entity an

electronic copy of the relevant habitation index.

12 Subsection 90B(3D)

Before "(3A)", insert "(3AA),".

13 After Part XI

Insert:

Part XII--Registration of independent campaign

entities

142 Definitions

In this Part:

financial controller

, in relation to an entity, has the same meaning

as in Part XX.

independent candidate

means a candidate (within the meaning of

Part XX) who is neither:

(a) endorsed by a registered political party; or

(b) in the case of a Senate election--a member of a group

(within the meaning of Part XX).

new election

has the meaning given by paragraph 142C(2)(b).

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sitting independent

, for a new election, has the same meaning as in

section 166.

142A Registration of independent campaign entities

Subject to this Part, an independent campaign entity may be

registered for an independent candidate under this Part for the

purposes of this Act.

142B Register of Independent Campaign Entities

(1) The Electoral Commissioner must establish and maintain a

Entities, containing a list of the independent campaign entities that

are registered for independent candidates under this Part.

(2) The Register may be included on the Transparency Register under

section 287N.

142C Application for registration

(1) An application for the registration of an independent campaign

entity for an independent candidate may be made to the Electoral

Commission by the independent candidate.

(2) An application for the registration of an independent campaign

entity for an independent candidate must:

(a) be in writing; and

(b) be accompanied by a statutory declaration that is made by the

independent candidate and is to the effect that the

independent candidate intends to stand as a candidate for one

of the following elections (the

new election

(i) the next House of Representatives election for a

particular Division;

(ii) the next Senate election for a particular State or

Territory; and

(i) if the independent candidate is a sitting independent for

the new election--by at least one other person entitled

to vote at the next election; or

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(ii) otherwise--by not less than 100 electors entitled to vote

at the new election.

(3) If the Electoral Commissioner receives an application for the

registration of an independent campaign entity for an independent

candidate under this section, the Electoral Commissioner may

decide:

(a) to register the independent campaign entity for the

independent candidate; or

(b) to refuse to register the independent campaign entity for the

independent candidate.

142D Start of registration

If the Electoral Commission decides to register an independent

campaign entity for an independent candidate, the entity's

registration starts on the later of the following:

(a) the day the entity is registered under this Part;

(b) if the polling day for the new election is also the polling day

for a general election--the day that is 2 years after the

polling day for the last general election that was held before

the new election;

day for a general election--the day the writ for the new

election is issued.

142E Registration

(1) If the Electoral Commission decides to register an independent

campaign entity for an independent candidate, the Electoral

Commission must:

(a) register the independent campaign entity by entering in the

(i) the name of the entity; and

(ii) the name of the independent candidate for which the

entity is registered; and

(iii) the name and address of the person who has been

nominated as the financial controller of the entity; and

(iv) the day the entity's registration starts; and

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(b) give written notice to the applicant that it has registered the

entity.

(2) If the Electoral Commission decides to register an independent

campaign entity for an independent candidate, the Electoral

Commission:

(a) must publish notice of the registration of the entity on the

Electoral Commission's website; and

(b) may publish notice of the registration in any other way the

Electoral Commissioner considers appropriate.

(3) If the Electoral Commission refuses an application to register an

independent campaign entity, the Electoral Commission must give

written notice to the applicant giving reasons for the decision.

142F Changes to Register

(1) If an independent campaign entity is registered under this Part for

an independent candidate, an application may be made to the

Electoral Commission, by the independent candidate, to change the

(a) substituting for the name of the financial controller of the

entity entered in the Register the name of a person specified

in the application; or

(b) substituting for the address of the financial controller of the

entity entered in the Register the address specified in the

application.

(2) An application under subsection (1):

(a) must be in writing; and

(b) be signed by the applicant; and

person as the name of the financial controller of the entity, be

signed by that person.

(3) Upon receipt of an application under subsection (1), the Electoral

Commission must deal with the application in accordance with this

Part and decide whether the change requested in the application

should be made.

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(4) If the Electoral Commission decides that an application under

subsection (1) should be granted, it must:

(a) change the Register of Independent Campaign Entities

accordingly; and

(b) give the applicant written notice that it has made the change;

and

person as the name of the financial controller of the entity,

give that person written notice that it had made the change.

(5) If the Register is changed in accordance with paragraph (4)(a), the

Electoral Commissioner:

(a) must publish notice of the change on the Electoral

Commission's website; and

(b) may publish notice of the change in any other way the

Electoral Commissioner considers appropriate.

(6) If the Electoral Commission decides that an application under

subsection (1) should be refused it must give written notice to the

applicant giving reasons for the decision.

142G Removal from Register

(1) The Electoral Commission must remove from the Register of

Independent Campaign Entities an independent campaign entity's

registration for an independent candidate if:

(a) the independent candidate is not elected at the new election;

(b) after the new election, the independent candidate ceases to be

a member of the House of Representatives or a Senator.

(2) Subsection (1) does not prevent an independent campaign entity

from being re-registered under this Part.

142H Inspection of Register

The Register of Independent Campaign Entities must be available

for public inspection, without fee, during ordinary office hours at

the principal office of the Electoral Commission in Canberra.

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142J Review of decisions

(1) In this section:

decision

has the same meaning as in the

Administrative Appeals

Tribunal Act 1975

Electoral Commission

does not include a delegate of the Electoral

Commission.

reviewable decision

means a decision of the Electoral

Commission, or of a delegate of the Electoral Commission:

(a) to register an independent campaign entity under this Part; or

(b) to refuse an application for the registration of an independent

campaign entity under this Part; or

(d) to refuse an application under subsection 142F(1).

(2) If a delegate of the Electoral Commission makes a reviewable

decision, a person affected by the decision who is dissatisfied with

the decision may, within the period of 28 days after the day on

which the decision first comes to the notice of the person, or within

such further period as the Commission (either before or after the

expiration of that period) allows, make a written application to the

Commission for the review of the decision by the Commission,

specifying in the application an address of the applicant.

(3) An application under subsection (2) must include the reasons for

making the application.

(4) If the Electoral Commission receives an application under

subsection (2) for the review of a reviewable decision, the

Electoral Commission must review that decision and must make a

decision:

(a) affirming the decision under review; or

(b) varying the decision under review; or

decision in substitution for the decision so set aside.

(5) Applications may be made to the Administrative Appeals Tribunal

for review of a reviewable decision made by the Electoral

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Commission or a decision made by the Electoral Commission

under subsection (4).

(6) For the purposes of a review referred to in subsection (5), the

Administrative Appeals Tribunal is to be constituted by 3

members, at least one of whom is a Judge of the Federal Court of

Australia.

(7) If the Electoral Commission makes a decision under subsection (4),

it must give written notice of that decision to:

(a) the person, or each person, to whom written notice of the

reviewable decision to which the decision of the Commission

relates was given under this Part; and

(b) the person who made the application for the review of that

reviewable decision.

(8) If a delegate of the Electoral Commission makes a reviewable

decision, a written notice of the decision given to a person or

persons under this Part must include a statement to the effect that:

(a) a person affected by the decision may, if dissatisfied with the

decision, seek a review of the decision by the Commission in

accordance with subsection (2); and

(b) a person whose interests are affected by the decision may,

subject to the

Administrative Appeals Tribunal Act 1975

, if

dissatisfied with a decision made by the Commission upon

that review apply to the Administrative Appeals Tribunal for

review of the decision made by the Commission.

(9) If the Electoral Commission makes a reviewable decision or a

decision under subsection (4), a written notice of the decision

given to a person or persons under this Part must include a

statement to the effect that a person whose interests are affected by

the decision may, subject to the

Administrative Appeals Tribunal

Act 1975

, if dissatisfied with the decision, make an application to

the Administrative Appeals Tribunal for review of the decision.

(10) Any failure to comply with the requirement of subsection (8) or (9)

in relation to a decision does not affect the validity of the decision.

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14 Section 286A

Omit "Significant third parties", substitute "Registered independent

campaign entities, significant third parties".

15 Section 286A

Omit "Senators, registered political parties, significant third parties,",

substitute "Senators, registered political parties, registered independent

campaign entities, significant third parties,".

16 Subsection 287(1)

Insert:

political entity

(see subsection 4(1)) includes a registered

independent campaign entity.

17 Section 287E

After "registered political parties", insert ", registered independent

campaign entities".

18 Subsection 287N(2) (at the end of the note)

Add "and the Register of Independent Campaign Entities (see

section 142B)".

19 Section 287V

Omit "Significant third parties", substitute "Registered independent

campaign entities, significant third parties".

20 Section 287V

After "financial controllers for", insert "registered independent

campaign entities,".

21 Section 292E (heading)

Before "

significant

", insert "

registered independent campaign

entities,

22 Subsections 292E(1) and (3)

Before "significant" (wherever occurring), insert "registered

independent campaign entity,".

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23 Subparagraph 292F(1)(b)(iii)

Before "significant" (wherever occurring), insert "registered

independent campaign entity,".

24 Paragraph 292F(4)(b)

Before "significant", insert "registered independent campaign entity,".

25 Section 302A

After "registered political parties," (wherever occurring), insert

"registered independent campaign entities,".

26 Section 302D (heading)

After "

registered political parties,

", insert "

registered independent

campaign entities,

27 Section 302V

Omit "State branch or", insert "State branch, registered independent

campaign entity or".

28 Section 302V

After "State branches,", insert "registered independent campaign

entities,".

29 Section 302V

After "State branch,", insert "registered independent campaign entity,".

30 Section 305B (heading)

After "

political parties and

", insert "

, registered independent

campaign entities or

31 Subsections 305B(1) to (3A)

Repeal the subsections, substitute:

(1) If, in a financial year, a person or entity makes gifts totalling more

than the disclosure threshold to one of the following (the

political

participant

(a) the same registered political party;

(b) the same State branch of a registered political party;

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(d) the same significant third party;

the person or entity must, in accordance with this section, provide a

return to the Electoral Commission within 20 weeks after the end

of the financial year, covering all the gifts that the person or entity

made to that political participant during the financial year.

Civil penalty:

The higher of the following:

(a) 60 penalty units;

(b) if there is sufficient evidence for the court to determine the

amount or value, or an estimate of the amount or value, of

gifts not disclosed--3 times that amount or value.

(2) For the purposes of subsection (1), a person or entity who makes a

gift to any other person or entity with the intention of benefiting

that political participant is taken to have made that gift directly to

that political participant.

(3) For each gift, the return must set out the following:

(a) the amount of the gift;

(b) the date on which it was made;

(3A) The return must also set out the relevant details of any gift received

by the person or entity at any time if:

(a) the gift was used wholly or partly to make another gift (the

later gift

) in a financial year to the same political participant;

and

(b) the amount or value of the later gift is more than the

disclosure threshold.

32 After paragraph 306A(1)(b)

Insert:

(ba) a registered independent campaign entity, or a person acting

on behalf of such an entity;

33 Paragraph 306A(6)(a)

After "State branch of a political party,", insert "a registered

independent campaign entity,".

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34 Paragraph 306B(1)(a)

After "registered political party,", insert "a registered independent

campaign entity,".

35 Paragraph 306B(2)(a)

After "the benefit of a registered political party", insert ", a registered

independent campaign entity".

36 Subparagraph 306B(2)(a)(iii)

Omit "a significant third party", substitute "a registered independent

campaign entity, or a significant third party,".

37 Section 307A

After "registered political parties", insert "and registered independent

campaign entities".

38 After subsection 309(1)

Insert:

(1AA) This section does not apply to electoral expenditure incurred by or

with the authority of an independent candidate (within the meaning

of Part XIA) if the expenditure is included in a return provided for

a registered independent campaign entity for the candidate under

section 314AB.

39 Section 314AAA

After "Registered political parties,", insert "registered independent

campaign entities,".

40 Subsection 314AA(2)

After "registered political party,", insert "registered independent

campaign entity,".

41 Section 314AB (heading)

After "

registered political parties

", insert "

, registered independent

campaign entities

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42 Subsection 314AB(1)

Before "and each significant third party", insert ", each registered

independent campaign entity".

43 Paragraph 314AB(2)(a)

After "registered political party" (wherever occurring), insert ",

registered independent campaign entity".

44 Paragraph 314AB(2)(b)

After "branch", insert ", registered independent campaign entity".

45 Subsections 314AC(1) and 314AE(1)

After "registered political party", insert ", registered independent

campaign entity".

46 Subparagraph 316(2A)(aaa)(iv)

Before "significant", insert "registered independent campaign entity,".

47 Paragraph 316(2A)(aa)

Before "significant" (wherever occurring), insert "registered

independent campaign entity,".

48 Subsections 316(2B) and (3A)

Before "significant" (wherever occurring), insert "registered

independent campaign entity,".

49 Subsection 319(3)

After "agent", insert ", or the registered independent campaign entity

for a candidate,".

50 Paragraph 319A(2A)(b)

Before "significant", insert "registered independent campaign entity,".

Do Not Call Register Act 2006

51 Section 4

Insert:

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registered independent campaign entity

has the same meaning as

in the

Commonwealth Electoral Act 1918

52 Subclause 3(1) of Schedule 1 (at the end of the heading)

Add "

and independent campaign entities

53 Paragraphs 3(1)(a) and (c) of Schedule 1

After "registered political party" (wherever occurring), insert "or

registered independent campaign entity".

54 Subclause 3(1) of Schedule 1A (at the end of the heading)

Add "

and independent campaign entities

55 Paragraphs 3(1)(a) and (c) of Schedule 1A

After "registered political party" (wherever occurring), insert "or

registered independent campaign entity".

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ELECTORAL LEGISLATION AMENDMENT (FAIR AND TRANSPARENT ELECTIONS) BILL 2024