Slade Brockman (President) Share this | Link to this | Hansard source

The question is that the bill be now read a second time.

Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill.

Slade Brockman (President) Share this | Link to this | Hansard source

I will now deal with the circulated amendments to the bill, starting with government amendments. The question is that government amendments on sheet ZD154, as circulated by the government, be agreed to.

Government's circulated amendments—

(1) Schedule 1, item 1, page 3 (line 5), omit "$100,000", substitute "$250,000".

(2) Schedule 1, item 4, page 3 (line 17), omit "political campaigner", substitute "significant third party".

(3) Schedule 2, item 2, page 4 (line 9), omit "political campaigner", substitute "significant third party".

(4) Schedule 2, item 4, page 4 (line 28), omit "political campaigner", substitute "significant third party".

(5) Schedule 2, item 13, page 6 (lines 15 and 16), omit "political campaigners, associated", substitute "significant third parties, associated".

(6) Schedule 2, item 14, page 6 (line 18), omit ", political campaigners or", substitute ", significant third parties or".

(7) Schedule 2, item 15, page 6 (lines 21 and 22), omit "political campaigner, associated", substitute "significant third party, associated".

(8) Schedule 2, item 16, page 6 (line 24), omit ", political campaigners", substitute ", significant third parties".

(9) Schedule 2, item 17, page 6 (lines 26 and 27), omit the item, substitute:

17 Subparagraph 302D(1)(a)(ii)

Omit "political campaigner", substitute "significant third party or an associated entity".

(10) Schedule 2, item 18, page 6 (line 29), omit ", political campaigner", substitute ", significant third party".

(11) Schedule 2, item 19, page 7 (lines 1 and 2), omit the item, substitute:

19 Subparagraph 302F(1)(a)(ii)

Omit "political campaigner", substitute "significant third party or an associated entity".

(12) Schedule 2, item 20, page 7 (lines 3 and 4), omit the item, substitute:

20 Paragraph 302F(1)(b)

Omit "political campaigner", substitute "significant third party, associated entity".

(13) Schedule 2, item 22, page 7 (lines 8 to 10), omit the item, substitute:

22 Paragraphs 302H(1)(b) and (c)

Omit "political campaigner" (wherever occurring), substitute "significant third party, associated entity".

(14) Schedule 2, item 24, page 7 (line 16), omit "political campaigner", substitute "significant third party".

(15) Schedule 2, item 24, page 7 (line 19), omit "political campaigner", substitute "significant third party".

(16) Schedule 2, item 24, page 7 (line 20), omit "political campaigner", substitute "significant third party".

(17) Schedule 2, item 24, page 7 (lines 23 and 24), omit "political campaigner", substitute "significant third party".

(18) Schedule 2, item 24, page 8 (line 6), omit "political campaigner", substitute "significant third party".

(19) Schedule 2, item 24, page 8 (line 9), omit "campaigner", substitute "significant third party".

(20) Schedule 2, item 24, page 8 (line 11), omit "campaigner", substitute "significant third party".

(21) Schedule 2, item 24, page 8 (line 15), omit "campaigner", substitute "significant third party".

(22) Schedule 2, item 35, page 10 (line 14), omit "political campaigner", substitute "significant third party".

(23) Schedule 2, item 35, page 10 (line 19), omit "political campaigner", substitute "significant third party".

(24) Schedule 2, item 35, page 10 (lines 24 and 25), omit "political campaigner as if "30 days after the person or entity is registered as a political campaigner", substitute "person or entity as if "30 days after the person or entity is registered as a significant third party".

(25) Page 11 (after line 4), at the end of the bill, add:

Schedule 3 — Name change for political campaigners

Commonwealth Electoral Act 1918

1 Paragraph 4AA(4)(b)

Omit "political campaigner", substitute "significant third party".

2 Section 286A

Omit "It also deals with gifts and other financial matters relating to parties, candidates, groups, political campaigners", substitute "It also deals with gifts and other financial matters relating to parties, candidates, groups, political campaigners, significant third parties".

3 Section 286A

Omit "Political campaigners", substitute "Significant third parties".

4 Section 286A

Omit "groups) and political campaigners", substitute "groups) and significant third parties".

5 Section 286A

Omit "Broadly, gifts to political entities, political campaigners", substitute "Broadly, gifts to political entities, significant third parties".

6 Section 286A (paragraph (b) of paragraph beginning "There are obligations to disclose")

Omit "political campaigners", substitute "significant third parties".

7 Section 286A

Omit "Each financial year, registered political parties, political campaigners", substitute "Each financial year, registered political parties, significant third parties".

8 Subsection 287(1) (definition of political campaigner )

Repeal the definition (including the notes), substitute:

political campaigner: see subsection (11).

9 Subsection 287(1) (definition of regulated entity )

Omit "political campaigner" (wherever occurring), substitute "significant third party".

10 Subsection 287(1)

Insert:

significant third party means a person or entity that is registered as a significant third party under section 287L.

Note 1: See also subsection (8) of this section and section 287C (entities that have branches or are not incorporated).

Note 2: See section 287F for when a person or entity is required to be registered as a significant third party.

11 Subsection 287(1) (paragraph (b) of the definition of third party )

Omit "political campaigner", substitute "significant third party".

12 Subsection 287(8) (heading)

Omit "political campaigners", substitute "significant third parties".

13 Subsecti on 287(8)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

14 At the end of section 287

Add:

References in other laws to political campaigners

(11) A reference in another law of the Commonwealth to a person or entity registered under this Act as a political campaigner is taken to be a reference to a person or entity registered under this Act as a significant third party.

15 Subsection 287AB(1) (note 3)

Omit "political campaigners", substitute "significant third parties".

16 Subparagraphs 287C(b)(i) and (ii)

Omit "political campaigner", substitute "significant third party".

17 Paragraph 287C(b)

Omit "or campaigner", substitute "or significant third party".

18 Paragraph 287C(c)

Omit "political campaigner", substitute "significant third party".

19 Section 287C (note)

Omit "political campaigners", substitute "significant third parties".

20 Division 1A of Part XX (heading)

Omit "political campaigners", substitute "significant third parties".

21 Section 287D

Omit "political campaigner" (wherever occurring), substitute "significant third party".

22 Subdivision B of Division 1A of Part XX (heading)

Omit "political campaigner", substitute "significant third party".

23 Section 287F (heading)

Omit "political campaigner", substitute "significant third party".

24 Subsection 287F(1)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

25 Section 287J

Omit "political campaigner" (wherever occurring), substitute "significant third party".

26 Paragraph 287K(1)(a)

Omit "political campaigner", substitute "significant third party".

27 Subsection 287L(4)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

28 Paragraph 287L(6)(b)

Omit "political campaigner", substitute "significant third party".

29 Section 287M

Omit "political campaigner" (wherever occurring), substitute "significant third party".

30 Subparagraph 287N(2)(a)(i)

Omit "political campaigner", substitute "significant third party".

31 Paragraph 287N(2)(b)

Omit "political campaigners", substitute "significant third parties".

32 Paragraph 287S(1)(b)

Omit "political campaigner", substitute "significant third party".

33 Subsection 287S(2)

Omit "political campaigner", substitute "significant third party".

34 Section 287V

Omit "Political campaigners", substitute "Significant third parties".

35 Section 287V

Omit "political campaigners", substitute "significant third parties".

36 Section 292E (heading)

Omit "political campaigners", substitute "significant third parties".

37 Subsections 292E(1), (2) and (3)

Omit "political campaigner", substitute "significant third party".

38 Subsection 292E(3)

Omit "(the campaigner or entity)".

39 Subsection 292E(3)

Omit "campaigner or entity", substitute "significant third party or associated entity".

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

Omit "political campaigner or associated entity—by the campaigner or entity", substitute "significant third party or associated entity—by the significant third party or associated entity".

41 Paragraph 292F(4)(b)

Omit "political campaigner", substitute "significant third party".

42 Subparagraph 302F(2)(c)(ii)

Omit "political campaigner", substitute "significant third party".

43 Section 302V

Omit "Gifts totalling more than the disclosure threshold that are made by a single person to the same registered political party, State branch or political campaigner", substitute "Gifts totalling more than the disclosure threshold that are made by a single person to the same registered political party, State branch or significant third party".

44 Section 302V

Omit "There are limitations on loans made to political parties, State branches, political campaigners", substitute "There are limitations on loans made to political parties, State branches, significant third parties".

45 Section 302V

Omit "Gifts of more than the disclosure threshold to a political party, State branch, political campaigner", substitute "Gifts of more than the disclosure threshold to a political party, State branch, significant third party".

46 Section 305B (heading)

Omit "political campaigners", substitute "significant third parties".

47 Paragraph 305B(1)(c)

Omit "political campaigner", substitute "significant third party".

48 Subsection 305B(1)

Omit "branch or campaigner", substitute "branch or significant third party".

49 Subsection 305B(2)

Omit "political campaigner", substitute "significant third party".

50 Subsection 305B(2)

Omit "branch or campaigner", substitute "branch or significant third party".

51 Paragraph 305B(3)(c)

Omit "branch or campaigner", substitute "branch or significant third party".

52 Subparagraph 305B(3A)(a)(iii)

Omit "political campaigner", substitute "significant third party".

53 Paragraph 306A(1)(c)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

54 Paragraph 306A(6)(a)

Omit "political campaigner", substitute "significant third party".

55 Paragraph 306B(1)(a)

Omit "political campaigner", substitute "significant third party".

56 Subsection 3 06B(2)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

57 Section 314AAA

Omit "political campaigners", substitute "significant third parties".

58 Section 314AAA

Omit "parties, campaigners", substitute "parties, significant third parties".

59 Subsection 314AA(2)

Omit "political campaigner", substitute "significant third party".

60 Section 314AB (heading)

Omit "political campaigners", substitute "significant third parties".

61 Subsection 314AB(1)

Omit "political campaigner", substitute "significant third party".

62 Subparagraphs 314AB(2)(a)(i), (ii) and (iii)

Omit "party or campaigner", substitute "registered political party or significant third party".

63 Subparagraph 314AB(2)(a)(iv)

Omit "political campaigners—the total amount of electoral expenditure incurred by or with the authority of the campaigner", substitute "significant third parties—the total amount of electoral expenditure incurred by or with the authority of the significant third party".

64 Paragraph 314AB(2)(b)

Omit "party, branch or campaigner", substitute "registered political party, branch or significant third party".

65 Subsection 314AB(3)

Omit "political campaigner", substitute "significant third party".

66 Subsection 314AC(1)

Omit "political campaigner", substitute "significant third party".

67 Subsection 314AE(1)

Omit "political campaigner", substitute "significant third party".

68 Subsection 314AEA(5)

Omit "political campaigner", substitute "significant third party".

69 Paragraph 314A EA(6)(a)

Omit "political campaigner", substitute "significant third party".

70 Subparagraph 316(2A)(aaa)(i)

Omit "political campaigners", substitute "significant third parties".

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

Omit "political campaigner", substitute "significant third party".

72 Paragraph 316(2A)(aa)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

73 Subsection 316(2B)

Omit "political campaigner" (wherever occurring), substitute "significant third party".

74 Paragraphs 316(3A)(a) and (b)

Omit "political campaigner", substitute "significant third party".

75 Paragraph 319A(2A)(b)

Omit "political campaigner", substitute "significant third party".

76 Section 321B (paragraph (aa) of the definition of disclo sure entity )

Omit "political campaigner", substitute "significant third party".

77 Section 321B (note to the definition of disclosure entity )

Omit "political campaigners", substitute "significant third parties".

78 Transitional provisions

(1) A person or entity registered as a political campaigner for a financial year immediately before this item commences is taken to be registered as a significant third party for the financial year from the time this item commences.

(2) The change of name from political campaigner to significant third party does not affect any rights, liabilities or obligations of a person or entity registered as a political campaigner before this item commences.

(3) If, as a result of the amendments made by this Act, amendments in another Act become misdescribed, the amendments in the other Act may be given effect by an editorial change under section 15V of the Legislation Act 2003 (see also paragraph 15X(2)(o) of that Act).

Alright. I will split the amendments. The question is that amendment (1) on sheet ZD154 be agreed to.

Slade Brockman (President) Share this | Link to this | Hansard source

The question now is that the remaining amendments on sheet ZD154 be agreed to.

Question agreed to.

I will now deal with the amendments circulated by Senators Patrick and Lambie.

Stirling Griff (SA, Centre Alliance) Share this | Link to this | Hansard source

I want to vote differently on each of these, if we could have them split.

Slade Brockman (President) Share this | Link to this | Hansard source

Alright. Then I will put the question on the amendments on sheet 1398 revised 2 first. The question is that those amendments be agreed to.

Senator Patrick and Jacqui Lambie Network's circulated amendments—

(1) Schedule 1, page 3 (before line 4), before item 1, insert:

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

Omit "$13,800", substitute "$1,000".

1B Subsection 287(1) (note to the definition of disclosure threshold)

Repeal the note.

1C Subsection 287(1) (paragraph (a) of the definition of third party)

Omit "the disclosure threshold", substitute "$10,000".

(2) Schedule 1, page 3 (after line 10), after item 3, insert:

3A Section 321A

Repeal the section.

Slade Brockman (President) Share this | Link to this | Hansard source

I will now put the amendments on sheet 1401 revised 2, which I believe was circulated by Senator Lambie and Senator Patrick.

Senator Patrick and Senator Lambie 's circulated amendments—

(1) Schedule 2, page 4 (after line 6), after item 1, insert:

1A Subsection 287(1) (definition of regulated entity )

Omit "section 314B", substitute "sections 314AED and 314B".

1B Subsection 287(1)

Insert:

cost of an eventmeans the sum of amounts incurred for or in connection with the event by the person or entity who held the event.

proceeds of an event means the sum of amounts:

(a) received by the person or entity who held the event; and

(b) derived directly or indirectly from the event.

shared event cost: see section 287ABA.

(2) Schedule 2, page 4 (after line 9), after item 2, insert:

2A After section 287AB

Insert:

287ABA Meaning of shared event cost

(1) The shared event cost of an event is the cost of the event, divided by the number of persons who attended the event.

(2) For the purposes of subsection (1), the number of persons who attended an event does not include a person who was present at the event only for the purpose of providing services, including but not limited to catering, entertainment or security services.

Example: The cost of an event was $10,000. 110 persons were present at the event. 10 persons were present only for the purpose of providing catering, entertainment and security services. 100 persons attended the event. The shared event cost is $100.

(3) Schedule 2, page 7 (after line 10), after item 22, insert:

22A Section 302V

After:

Gifts totalling more than the disclosure threshold that are made by a single person to the same registered political party, State branch or political campaigner during a financial year must also be disclosed in a return provided to the Electoral Commission.

insert:

If a gift of more than the disclosure threshold is made with the proceeds of an event meeting certain criteria, the return provided by the person who made the gift must include the details of persons who contributed (or on whose behalf a contribution was made) to such proceeds.

22B After subsection 305A(4)

Insert:

(4A) For the purposes of this section, if:

(a) a gift was made that was wholly or partly derived from the proceeds of an event; and

(b) the proceeds of the event were equal to or more than 115% of the cost of the event;

the required details of the gift are also:

(c) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and

(d) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.

22C After subsection 305B(3)

Insert:

(3AA) If:

(a) a gift was made that was wholly or partly derived from the proceeds of an event; and

(b) the proceeds of the event were equal to or more than 115% of the cost of the event;

the return must also set out:

(c) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and

(d) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.

22D Section 314AAA

After:

Registered political parties, political campaigners and associated entities provide returns each financial year to the Electoral Commission setting out details relating to amounts received or paid or incurred by the parties, campaigners or entities during the year. Third parties also provide annual returns setting out details relating to electoral expenditure incurred by the third parties during the year.

insert:

Regulated entities (including registered political parties and their State branches, candidates, members of groups, political campaigners, third parties and associated entities) provide returns each financial year to the Electoral Commissioner setting out details of certain events held by the regulated entity, including the proceeds of the event and the names and addresses of those who contributed (or on whose behalf a contribution was made) to such proceeds.

(4) Schedule 2, page 10 (after line 2), after item 33, insert:

33A After section 314AEC

Insert:

314AED Annual returns relating to proceeds of events

(1) This section applies if:

(a) a regulated entity holds an event during a financial year; and

(b) the proceeds of the event are equal to or more than 115% of the cost of the event; and

(c) the proceeds of the event exceed the cost of the event by an amount equal to or more than the disclosure threshold.

(2) A return for the financial year must be provided in accordance with this section by:

(a) if the regulated entity is a political entity, political campaigner or associated entity—the agent or financial controller of the political entity, political campaigner or associated entity; or

(b) if the regulated entity is a third party—the third party.

Civil penalty:

The higher of the following:

(a) 120 penalty units;

(b) if an amount is not disclosed under paragraph (4)(b) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed under that paragraph—3 times that amount.

(3) The return must be provided to the Electoral Commissioner within 16 weeks after the end of the financial year.

(4) The return must specify:

(a) the date of the event; and

(b) the proceeds of the event; and

(c) the cost of the event; and

(d) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and

(e) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.

(5) The return must be in the approved form.

(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.

Slade Brockman (President) Share this | Link to this | Hansard source

I will now move to amendments circulated by the Centre Alliance. The question is that the amendments on sheet 1524 be agreed to.

Centre Alliance 's circulated amendments—

(1) Schedule 1, item 4, page 3 (lines 11 to 15), omit the item (including the note), substitute:

4 Application of amendments

For the purposes of Part XX of the Commonwealth Electoral Act 1918, references to financial years, in subsection 287F(1) of that Act as amended by this Schedule, are references to financial years beginning on or after this item commences.

(2) Schedule 2, item 35, page 10 (lines 19 and 20), omit "the financial year in which this item commences and later financial years", substitute "a financial year beginning on or after the commencement of this item".

(3) Schedule 2, item 35, page 10 (line 10), omit "subsections 287F(1) and", substitute "subsection".

(4) Schedule 2, item 35, page 10 (lines 13 to 16), omit the note to subitem (1), substitute:

Note: The effect of this subitem is that a person or entity may be required to be registered as an associated entity before the end of 90 days after the commencement of this item (see subsection 287H(2) of the Commonwealth Electoral Act 1918).

Slade Brockman (President) Share this | Link to this | Hansard source

I will now move on to amendments circulated by the Australian Greens on sheet 1525.

The Australian Greens circulated amendment—

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

1. The whole of the Act          1 July 2022.

The Australian Greens opposed schedule 2 in the following terms—

(2) Schedule 2, item 2, page 4 (lines 7 to 9.

We will start with item 2 of schedule 2. The question is that item 2 of schedule 2 stand as amended by government amendment 3.

Question agreed to.

The question is amendment (1) on sheet 1525 be agreed to.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

Can I just ask—because I made a mistake—that, as to Greens amendment (2) on sheet 1525, you record us as saying no, rather than yes, because it was a 'stand as printed', which I belatedly realised. Thank you for your indulgence.

Slade Brockman (President) Share this | Link to this | Hansard source

Thank you, Senator Waters.