Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

Thank you to those in this chamber who have contributed to the debate on the Referendum (Machinery Provisions) Amendment Bill 2022. I also take this opportunity to recognise and thank the members of the Joint Standing Committee on Electoral Matters for their review of this bill and for their continued consideration of matters relating to electoral laws and practices.

Referendums are an integral part of our democracy, but the last referendum was held over 22 years ago. Since that time the Referendum (Machinery Provisions) Act 1984, the referendum act, has not kept pace with changes to the Commonwealth Electoral Act 1918, the electoral act. The bill makes amendments to replicate current electoral machinery provisions into the referendum context to ensure the voting process and experience are similar to that of a federal election. The bill will also ensure that integrity and transparency measures that currently apply to federal elections will also apply to referendums. This includes the establishment of a financial disclosure framework for referendums to support transparency and accountability with respect to funding and expenditure.

A decision to change our Constitution is a significant national event, and it has been more than two decades since a change has been proposed. It's therefore important that the government can fund civics education in relation to the upcoming referendum on the Voice. I can foreshadow that the government will be moving amendments to the bill in the other place to, among other things, respond to recommendations of the Joint Standing Committee on Electoral Matters, JSCEM, inquiry into the bill. The most substantive amendment will be in relation to the pamphlet.

The bill before the House would temporarily suspend the requirement for an official 'yes' and 'no' pamphlet. The Special Minister of State has considered arguments to reinstate the pamphlet, which would contain arguments authorised by a majority of parliamentarians who voted for and a majority of parliamentarians who voted against the proposed law and be posted to all enrolled households in Australia. As an act of good faith, in our continued effort to work across the parliament, the government has agreed to reinstate the pamphlet. Amendments to that effect will be moved in the other place. This was a significant concession. I note recommendation 2 from JSCEM's advisory report recommends the government ensure appropriate structures and mechanisms are put in place to ensure clear, factual and impartial information is made accessible. The government will continue to consider that recommendation.

I acknowledge that the opposition continues to argue that the government should be using taxpayers' money to fund official 'yes' and 'no' cases. The Referendum (Machinery Provisions) Act does not provide for public funding of 'yes' or 'no' campaigns, let alone establish official campaign vehicles. And this government does not intend to move amendments to change this. As the Prime Minister has said, taxpayers should not be funding 'yes' or 'no' campaigns.

I note that a number of the members who have contributed to this debate have referred to the government's ambitious electoral reform agenda. It is true that our party is the party of electoral reform, and the Albanese government is committed to lowering the disclosure threshold to a fixed $1,000, reigning it in from the current $15,200. The Special Minister of State is also committed to delivering a mechanism for pursuing truth in political advertising within Australia's electoral framework. Both these issues need careful consideration and are currently before the Joint Standing Committee on Electoral Matters. When the committee reports back on its review of the 2022 federal election, the Special Minister of State will consider how to implement broader electoral reforms most effectively. Now is not the time to rush these proposed reforms in the context of this bill and the Referendum (Machinery Provisions) Act. However, such changes to electoral laws should also be reflected in referendum machinery where appropriate.

The amendments in this bill are important and necessary to deliver a modern referendum in which the voting process and experience are similar to that of a federal election. Once again, I thank my colleagues for their contribution and commend this bill to the House.

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