Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

Firstly, in her opening contributions, Senator Collins raised a series of issues where she said she would ask some further questions, and the issue of party logos and copyright fell into that category. She did not ask a specific question. She said that she would ask questions in relation to these at a later stage, so I was still looking forward to that question, but I am still happy to address it nevertheless.

In relation to the issue of AEC resourcing, I have directly answered that question. The government will be providing additional resources for the AEC. As I have previously announced, the AEC will be sufficiently funded to implement these reforms, to conduct an appropriately comprehensive education campaign to ensure the public understands these changes in the run-up to the next election and to ensure that the public understands that these reforms empower them to direct where they want their preferences to go instead of having political parties direct them through insufficiently transparent group-voting ticket arrangements.

I have also indicated to the Senate, very openly, that, as the Electoral Commissioner had indicated at the public JSCEM hearing into this bill, because the AEC uses external providers for a range of its services—in particular, in the context of conducting education campaigns and the like—specific information about the extent of that funding will not be made public at this point, though you will of course be able to ask questions about how much has been spent after the relevant campaigns have taken place.

To put this into context—and Senator Wong, who has joined us for this debate, would well understand this—there are in a series of departments and agencies what are called demand-driven programs. The Electoral Commission has responsibilities under the Constitution and under relevant legislation to conduct elections. Elections are fairly and squarely a demand-driven program, and it is always funded appropriately and adequately to conduct elections that need to take place. Indeed, when a by-election had to take place for the WA Senate—and we have in the chamber with us Senator Linda Reynolds, who was a candidate who had to stand for election not once but twice, including at a Senate by-election in WA, which I do not believe has ever happened in the history of the Commonwealth in the way it had to happen on that occasion—the AEC got, in the ordinary course of events, a relevant supplementation to ensure that adequate funding was available for that purpose. That is the way that it always operates, and that is the way it will operate on this occasion.

It is also important to note that the Electoral Commission in the lead-up to every and any election will provide a level of public education in order to ensure that people across Australia are aware that they must vote—we have compulsory voting in Australia—to encourage people to enrol to vote, to advise people that they have to vote if they are enrolled to vote, to advertise the date of the election and various other matters, to inform people of how to cast a formal vote and the like. In the lead-up to this election, subject to what the Senate decides in the context of this bill, if this bill passes, the Electoral Commission will receive adequate resources again for the purposes of these sorts of campaigns. And of course on this occasion their public education campaigns will include a very strong and particular focus on the public education required to ensure that people understand these reforms.

Senator Collins asked about the issue of party logos and copyright related matters. The issue of party logos is of course addressed in part 3 of schedule 1 of this bill. The bill addresses the copyright issue in two ways. First, in relation to the application process, as set out in item 63, the logo cannot be the logo of another person or nearly resemble the logo of another person. Second, the use of the logo by the AEC is also protected from breach of copyright as outlined in clause 91 of the bill. Accordingly, the government has addressed fully the potential copyright issue that was identified by the Joint Standing Committee on Electoral Matters.

The AEC has also advised that it has already commenced work on the possible requirements for the logos to appear on ballot papers. A proposed new clause 126(2AA) allows for the logos to be set out in black and to appear on the register of political parties. The AEC requirements will be that the logo is submitted in a specified electronic format. It will need to be a vector graphic so that it can be printed on both Senate and House of Reps ballot papers. There will be a minimum and maximum frame size. All text will need to be converted to outline. These technical requirements will both enable parties to lodge their logos with the AEC and enable electors to recognise them on the ballot paper, and this will help to avoid voter confusion between parties of similar names.

Senator Collins also asked a question in relation to penalties. She wondered whether they should apply where information provided by political parties was different to the information provided to voters on Senate ballot papers. Let me say very clearly in relation to that that the government's view—and indeed the advice that we have—is that the Electoral Act already provides that political parties are not allowed to mislead or deceive voters into casting an informal vote. That prohibition will continue. The government is of the opinion that the penalties currently listed in section 329 of the Electoral Act, relating to the distribution of misleading material, are sufficient and act as a significant deterrent to any such behaviour. Beyond that important safeguard to protect voters from any advice which could mislead them into casting an informal vote, we do not propose to ask the Electoral Commission to become the regulator of the how-to-vote cards issued by political parties at election time.

In the lead-up to the next election, the AEC conduct a comprehensive education campaign to clearly explain the options available to voters when voting for the Senate. Specifically, the campaign will explain to voters that they will now be able to direct their preferences when voting either above the line or below the line. It will detail clearly that the way to vote above the line or the Senate is by numbering at least six boxes in order of the voter's choice, with the No. 1 representing their highest choice, with similar instructions to No. 1 to 12 below the line as a result of government amendments that the government will be moving later in the committee stage debate on this bill.

It is also worth noting that the ballot paper will explicitly direct voters to number at least one to six above the lie or one to 12 below the line. Taken together, the existing penalties for the distribution of misleading and deceptive material and the education campaign that will be conducted by the AEC in the lead-up to the next election mean any suggestion that there should be additional penalties introduced as part of this legislation is not warranted, as they are not necessary.