Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Today the Government introduces the Electoral Legislation Amendment (Electoral Reform) Bill 2024.

It proposes the largest reform to Australia's electoral laws in over 40 years, delivering on our commitment to strengthen and enhance the integrity of federal elections through improved transparency and accountability.

The Bill implements recommendations of the multipartisan Joint Standing Committee on Electoral Matters (JSCEM). JSCEM's recommendations and this Bill seek to remove the influence of big money in politics, so that our electoral system remains a system we can all trust.

Trust that election results are not unfairly skewed by 'big money'.

Trust that elections are a contest of ideas, not bank balances.

Trust that we know who is funding election campaigns with more information about campaign financing provided before voting day.

Changes to gifts

To improve political donation transparency, the Bill reduces the disclosure threshold from the current $16,900 to $1,000.

It raises the expenditure threshold for a 'third party' to $20,000 over a year, supporting small, local-issue campaigners to continue their advocacy and maintain fair reporting obligations.

The Bill also responds to community expectations by expanding the disclosure requirements for political donations that will be captured as gifts.

Expedited disclosure

The Government's Bill improves public reporting timelines, requiring gifts that meet the $1,000 threshold be disclosed sooner.

Instead of waiting up to 24 weeks after polling day, voters will be able to access information about who is funding elections and supporting candidates on and before voting day.

Once an election is called, donation disclosures will be required within 7 days, and 24 hours in the week before and after polling day. Outside of elections, monthly donation disclosures will be required.

Gift caps

Responding to JSCEM's recommendation, the Bill includes caps on political donations and caps on campaign spending.

Gift caps operate effectively in other Australian jurisdictions and internationally, limiting the growth and influence of excessive donations that damage the integrity of electoral systems.

Disproportionately large donations undermine the integrity of Australia's electoral system. So, under this Bill, political donations from the same donor to the same recipient have an annual gift cap of $20,000.

The gift cap will be indexed annually and apply to all persons and entities engaging in the federal electoral system. Donation caps will not affect donations made for a non-electoral purpose, or donations related to State, Territory, or local government elections.

Expenditure caps

The Bill also implements JSCEM's recommendation to establish caps on electoral expenditure including campaign spending.

The proposed expenditure caps aim to level the playing field, providing greater access for individuals and entities to participate in political debate.

The caps set a ceiling to protect the outcomes of Australian federal elections from being unfairly influenced by organisations or individuals with large amounts of money.

Registered political parties will share an expenditure cap with state branches (including related state branches), their endorsed candidates, elected parliamentarians and nominated entities.

Accounting

Other measures in this Bill will improve reporting through annual returns. Persons and entities will be required to disclose their gifts and electoral expenditure and submit their returns within eight weeks from December 31.

Election returns will be repealed, and candidates will instead submit annual returns. Donors to candidates will report gifts for a federal purpose under the expedited disclosure rules.

This Bill also implements JSCEM's recommendation that those engaged in political campaigning must establish a federal election Commonwealth campaign account to allow for better disclosure and monitoring. These accounts will capture all electoral expenditure and gifts received for a federal purpose.

Funding

Aligned with JSCEM's recommendation, the Bill introduces a new system of administrative funding, establishing administrative assistance funding for parliamentary parties and independent Parliamentarians. This provides registered political parties and independent members with the necessary financial support to meet the new transparency requirements.

JSCEM recommended an increase to public funding for parties and candidates and the Bill increases public election funding for eligible political parties and candidates. This seeks to offset some of the impact of gift caps, diminishing the reliance of political campaigns on private donors.

Other measures

This Bill introduces a number of other improvements and machinery measures.

It amends the Electoral Actto expand the eligibility criteria for pre-poll and postal voting to support those with a disability to vote, and their carers if they are unable to attend a polling booth due to their caring obligations.

The Bill simplifies reporting obligations for members of Senate groups by requiring they only report as a candidate, removing their additional reporting requirement as a 'Senate group member'.

This Bill will streamline and modernise the Australian Electoral Commission's existing powers to enforce the funding and disclosure requirements.

This will enhance the Commission's ability to investigate potential contraventions and broaden its power to prevent schemes that try to get around the funding and disclosure obligations in the Electoral Act.

The Bill also contains additional protections for voters and polling workers from harassment in the polling place. Inappropriate filming of polling places and polling officials without consent will be prohibited, as will live-streaming or publishing this filming.

Inappropriate filming that harasses Australians who want to vote, or that disrupts polling workers who are doing their job, will not be tolerated.

Conclusion

I thank the members of the Joint Standing Committee on Electoral Matters, and the former Committee Chair, the Member for Jagajaga, Kate Thwaites, for their dedicated work and for delivering recommendations aimed at strengthening our democracy.

I commend this Bill.

Debate adjourned.

Ordered that the resumption of the debate be made an order of the day for a later hour.