Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I table eight supplementary explanatory memoranda relating to the government amendments to be moved to the Electoral Legislation Amendment (Electoral Reform) Bill 2024, and I seek leave to move all sheets of government amendments together, to facilitate as wide a discussion as possible.

Leave granted.

I move government amendments on sheets EE102, EE103, EE105, FJ101, SC130, SC131, SC136 and SC138:

SHEET EE102

(1) Schedule 1, item 13, page 11 (before line 3), before the definition of Senate-only election, insert:

peak representative body means an entity in respect of which the following conditions are satisfied:

(a) the majority of the entity's income is payments made by the members, branches or affiliates (however described) of the entity;

(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:

(i) an officeholder of the entity who is a non-financial member, branch or affiliate of the entity; or

(ii) a person who is a non-financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or

(iii) an honorary non-financial member, branch or affiliate of the entity;

(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;

(d) the majority of the entity's income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;

(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.

Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.

(2) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:

Note: See subsection (3A) for an exception to paragraph (g).

(3) Schedule 1, item 18, page 17 (after line 7), after subsection 287AAB(3), insert:

(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party's expenditure group to another core member of the expenditure group is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.

Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).

(4) Schedule 1, item 18, page 17 (line 10), after "third party", insert "(including a peak representative body)".

(5) Schedule 1, item 18, page 17 (lines 23 to 26), omit "See especially subsection 292FA(6), which prevents the crediting of these kinds of amounts to a federal account to the extent they exceed the annual gift cap.", substitute "These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).".

(6) Schedule 1, page 21 (after line 19), after item 42, insert:

42A At the end of section 302CA

Add:

Extended meaning of gift

(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

(7) Schedule 1, page 21 (after line 23), after item 44, insert:

44A After subsection 314B(9)

Insert:

(9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

(8) Schedule 6, item 4, page 161 (line 19) to page 163 (line 19), omit subsections 292FA(4) to (6), substitute:

Obligation to credit only required or permitted amounts

(4) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that the only amounts that are credited to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of the item are the following:

(a) amounts required to be credited to a federal account kept for the purposes of that person or entity under subsection (2) or (3) of this section or another provision of this Act;

(b) amounts that are:

(i) to be used for a federal purpose; and

(ii) permitted to be credited to a federal account kept for the purposes of that person or entity under section 292FAA, 292FAB, 292FAC, 292FAD or 292FAE or another provision of this Act.

(9) Schedule 6, item 4, page 163 (after line 36), after section 292FA, insert:

292FAA Permitted credits to federal account for registered political party, State branch or nominated entity

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2, 3 or 7 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity that is a core member of the same expenditure group as the account beneficiary;

(e) if the account beneficiary is a registered political party or a State branch of a registered political party—an amount paid from another federal account kept for the purposes of this Part in relation to another political party if:

(i) the account beneficiary and the other political party are related to each other within the meaning of paragraph 123(2)(a) because one is a part of the other (while not being a State branch of the other); and

(ii) the one that is a part of the other is a registered political party;

(f) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a registered political party, a State branch or a nominated entity if the amount is paid from the federal account of a candidate, a member of the House of Representatives, a Senator, or another registered political party, State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAB Permitted credits to federal account for registered political parties: contributions by candidates and sitting members

(1) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2 or 3 of the table in subsection 292FA(1) if all of the following apply:

(a) the account beneficiary is a registered political party;

(b) the amount is credited to the federal account by a person (the payer) at a time in a calendar year and is an amount of the payer's own money;

(c) at the time the amount is credited, the payer is either or both of the following:

(i) a candidate endorsed by the account beneficiary;

(ii) a member of the House of Representatives, or a Senator, who is a member of the account beneficiary;

(d) if the payer is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the payer's election campaign in the calendar year.

Note: An amount may only be credited under this section if it is for a federal purpose. The amount will be a gift (see subsection 287AAB(3A)).

(2) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts paid by the payer that are covered by subsection (1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts paid by the payer that are covered by subsection 292FAC(4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the payer.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAC Permitted credits to federal account for candidate, member or Senator

General

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity, if both the other person or entity and the account beneficiary are core members of the same expenditure group;

(e) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a candidate, a member of the House of Representatives or a Senator if the amount is paid from the federal account of another candidate, member of the House of Representatives or Senator, or a registered political party, a State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by independent candidates and members

(2) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is not endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is not a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(3) However, the sum of amounts that are covered by subsection (2) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by other candidates and sitting members

(4) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(5) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts that are covered by subsection (4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts that are covered by subsection 292FAB(1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to:

(i) the registered political party that endorsed the account beneficiary; or

(ii) the registered political party that the account beneficiary is a member of.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAD Permitted credits to federal account for significant third party, associated entity or third party

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc.

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) a subscription paid in respect of the payer's membership of the account beneficiary;

(b) an amount paid in respect of the payer's affiliation with the account beneficiary;

(c) if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.

Note: Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

(2) However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:

(a) if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or

(b) otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

_____

SHEET EE103

(1) Schedule 1, page 17 (after line 26), after item 18, insert:

18A Subsection 287AB(1)

Repeal the subsection (not including the notes), substitute:

Dominant purpose of creating or communicating electoral matter

(1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.

18B Subsection 287AB(3)

Omit "In addition, any expenditure incurred by or with the authority of a political entity, a person or entity", substitute "Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity".

18C Subsection 287AB(3)

Omit "a member of the House of Representatives or a Senator in relation to an election is electoral expenditure, except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister", substitute "is electoral expenditure to the extent that it is in relation to an election".

(2) Schedule 1, page 17 (after line 31), after item 19, insert:

19A After subsection 287AB(3)

Insert:

Specific electoral expenditure

(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:

(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards or any other form;

(b) expenditure on the production and distribution of electoral matter;

(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;

(d) expenditure incurred in employing staff engaged in an election campaign;

(e) expenditure incurred for office accommodation for any such staff and candidates;

(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;

(g) expenditure on research associated with an election campaign (other than in-house research);

(h) expenditure incurred in raising funds for an election;

(i) expenditure of a kind prescribed by the regulations.

Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.

Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

Note 3: A candidate's staff includes any volunteers.

Expenditure that is not electoral expenditure

(3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.

(3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (the service provider):

(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or

(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.

(3) Schedule 1, item 20, page 18 (line 1), omit the heading to subsection 287AB(4).

(4) Schedule 1, item 20, page 18 (after line 11), after paragraph 287AB(4)(c), insert:

(ca) expenditure to the extent that it is administrative expenditure;

(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;

(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));

(5) Schedule 7, item 2, page 170 (lines 36 to 40), omit note 2.

(6) Schedule 7, item 2, page 171 (line 7), after "particular electoral matter", insert "or electoral matter generally".

(7) Schedule 7, item 2, page 171 (lines 19 to 22), omit subsection 287AAA(3).

_____

SHEET EE105

(1) Clause 2, page 2 (table item 8), after "Schedules 6", insert ", 6A".

(2) Schedule 5, item 8, page 134 (after line 18), after subsection 310(4), insert:

Details of federal administrative accounts

(4A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(3) Schedule 5, item 8, page 136 (after line 3), after subsection 310A(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the candidate at any time in the calendar year.

(4) Schedule 5, item 8, page 137 (after line 29), after subsection 310B(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the member or Senator at any time in the calendar year.

(5) Schedule 5, item 8, page 139 (after line 30), after subsection 310C(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

(6) Schedule 5, item 8, page 142 (after line 34), after subsection 310D(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(7) Schedule 5, item 8, page 144 (after line 30), after subsection 310E(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(8) Schedule 5, item 8, page 146 (after line 6), after subsection 310F(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

(9) Schedule 5, item 12, page 156 (table item 4), after "an address", insert "or details of federal administrative accounts".

(10) Page 168 (after line 4), after Schedule 6, insert:

Schedule 6A — Federal administrative accounts

Commonwealth Electoral Act 1918

1 Subsection 287(1)

Insert:

federal administrative account means an account where:

(a) the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and

(b) the only amounts withdrawn or transferred from the account are amounts:

(i) withdrawn or transferred for a federal administrative purpose; or

(ii) transferred to another federal administrative account; and

(c) the account is with an ADI within the meaning of the Banking Act 1959; and

(d) the account is kept in Australia.

Note: ADI is short for authorised deposit-taking institution.

Example: A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.

federal administrative purpose means the purpose of incurring:

(a) administrative expenditure; or

(b) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.

Note: See section 287AAA for the definition of administrative expenditure.

2 Subsection 287(1) (at the end of the definition of regulated entity )

Add:

; and (c) in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.

3 After section 314B

Insert:

314C Gifts made etc. for federal administrative purposes

Offering gifts

(1) Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expresslyoffered for federal administrative purposes.

Seeking gifts

(2) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expresslysought for use for federal administrative purposes.

Giving gifts

(3) Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expresslygiven for federal administrative purposes.

Receiving or keeping gifts money

(4) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:

(a) the money is deposited into a federal administrative account as soon as practicable after the money is received; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal administrative purposes; or

(ii) to transfer the money to another federal administrative account.

(5) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:

(a) the money is kept in a federal administrative account; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal administrative purposes; or

(ii) to transfer the money to another federal administrative account.

(6) To avoid doubt, subsections (4) and (5) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (4)(b)(i) or (ii) or (5)(b)(i) or (ii).

Receiving or keeping gifts gifts other than money

(7) Despite any State or Territory electoral law and despite subsection 302CA(5), a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes or federal administrative purposes.

(8) To avoid doubt, subsection (7) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal administrative purposes.

Receiving or keeping gifts additional operation

(9) Subsections (4), (5) and (6) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal administrative purposes.

Using gifts money

(10) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal administrative purposes if the gift has been continuouslykept in a federal administrative account since it was deposited in that account, or any other federal administrative account, in accordance with subsection (4).

Using gifts gifts other than money

(11) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal administrative purposes if the gift has been continuouslykept for federal administrative purposes since it was received.

Using gifts relationship with State or Territory electoral laws

(12) To avoid doubt, the fact that, as a result of subsection (10) or (11), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.

Gifts not otherwise prohibited by this Part

(13) To avoid doubt, this section applies to a gift only if this Part does not prohibit the giving, receiving or keeping of the gift.

Parts of gifts

(14) For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.

Extended meaning of gift

(15) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

314D Disclosure of amounts given etc. for federal administrative purposes

Disclosure of amounts and benefits given etc.

(1) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) if the person or entity expressly gives the amount to, or for the benefit of, a regulated entity for federal administrative purposes.

(2) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, if the person or entity expressly provides the benefit to, or for the benefit of, a regulated entity for federal administrative purposes.

Note: For the definition of non-monetary benefit, see subsection (11).

Disclosure of amounts and other benefits received

(3) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) that is received by or on behalf of the regulated entity if:

(a) the amount is deposited into a federal administrative account as soon as practicable after the amount is received; and

(b) the amount is not transferred or withdrawn out of the account except:

(i) to use the amount for federal administrative purposes; or

(ii) to transfer the amount to another federal administrative account.

(4) To avoid doubt, subsection (3) is taken never to have applied if, at any time, the amount is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (3)(b)(i) or (ii).

(5) Despite any State or Territory electoral law and despite subsection 314B(2), a regulated entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, that is received by or on behalf of the regulated entity unless the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes or federal administrative purposes.

(6) To avoid doubt, subsection (5) is taken never to have applied if, at any time, the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal administrative purposes.

(7) Subsections (3) and (5) also have the effect they would have if a reference to an amount or benefit were confined to an amount or benefit expressly given or provided for federal administrative purposes.

Disclosure of administrative expenditure

(8) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of expenditure if the expenditure is administrative expenditure.

Disclosure of debts

(9) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of a debt (except a debt incurred as a result of a loan) if the debt is incurred for federal administrative purposes.

Interpretation

(10) Despite any State or Territory electoral law, if, as a result of this section, a person or entity is not required to disclose under that law an amount, information or value referred to in this section (the federal information), then:

(a) it is immaterial whether the federal information is required to be included in a return provided under this Part; and

(b) a total amount, or information relating to a total amount, that is required to be disclosed under that law is not required to include the federal information.

(11) A non-monetary benefit is a gift, or a good or service that is lent, that is not money.

(12) For the purposes of this section, if an action (such as giving or using) is taken in relation to a part of an amount or non-monetary benefit for a particular purpose, and that same action is taken in relation to another part of the amount or benefit for a different purpose, each part of the amount or benefit is taken to be a separate amount or benefit.

(13) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

Compulsory production provisions excluded

(14) This section does not apply in relation to any compulsory production provision in a State or Territory electoral law.

(15) A compulsory production provision in a State or Territory electoral law is a provision that confers a power on a person or body (the regulator) to compel a particular person to disclose information (including an amount or value) for the purposes of the regulator investigating a potential contravention of that or any otherlaw.

Note: A provision that confers a power for a person or body to give a notice to produce to a regulated entity is an example of a compulsory production provision.

4 After subsection 302AE( 3)

Insert:

(3A) The account may be a federal administrative account.

5 After subsection 302AE(8)

Insert:

(8A) The account may be a federal administrative account.

6 After subsection 302AF(3)

Insert:

(3A) The account may be a federal administrative account.

7 Subsection 317(1A)

Omit "or 314B", substitute ", 314B, 314C or 314D".

8 Subsection 317(1A) (example)

After "federal account", insert "or federal administrative account".

9 Paragraph 317(2)(e)

Omit "or 314B", substitute ", 314B, 314C or 314D".

(11) Schedule 9, item 3, page 194 (after line 25), at the end of subsection 314AN(2), add:

Note: This may include a requirement to produce information or documents relating to a federal account or federal administrative account kept for the purposes of this Part.

_____

SHEET FJ101

(1) Schedule 3, page 71 (line 2), after the heading to the Schedule, insert:

Part 1 — Amendments

(2) Schedule 3, page 94 (after line 28), at the end of the Schedule, add:

Part 2 — Relationship of this Schedule with Schedule 4

11 Relationship of this Schedule with Schedule 4

(1) It is the intention of the Parliament that the amendments made by this Schedule (gift caps) and by Schedule 4 (expenditure caps) are to operate together and not to be severed from each other.

(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901.

(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.

(3) Schedule 4, page 95 (line 2), after the heading to the Schedule, insert:

Part 1 — Amendments

(4) Schedule 4, page 129 (after line 8), at the end of the Schedule, add:

Part 2 — Relationship of this Schedule with Schedule 3

7 Relationship of this Schedule with Schedule 3

(1) It is the intention of the Parliament that the amendments made by this Schedule (expenditure caps) and by Schedule 3 (gift caps) are to operate together and not to be severed from each other.

(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901.

(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.

_____

SHEET SC130

(1) Schedule 4, item 2, page 121 (after line 32), at the end of subsection 302AQC(1), add:

Note 3: A candidate's staff includes any volunteers.

(2) Schedule 4, item 2, page 122 (after line 11), at the end of subsection 302AQC(2), add:

Note 3: A candidate's staff includes any volunteers.

_____

SHEET SC131

(1) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:

(ga) a loan made by a core member of a registered political party's expenditure group to another core member of the expenditure group;

(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party's expenditure group to another core member of the expenditure group;

_____

SHEET SC136

(1) Schedule 3, item 1, page 71 (line 28), omit "$20,000", substitute "$50,000".

(2) Schedule 3, item 1, page 72 (line 1), omit "$20,000", substitute "$50,000".

(3) Schedule 3, item 1, page 72 (line 26), omit "$20,000", substitute "$50,000".

_____

SHEET SC138

(1) Schedule 1, item 10, page 10 (line 16), omit "$1,000", substitute "$5,000".

(2) Schedule 1, item 10, page 10 (line 17), omit "$1,000", substitute "$5,000".

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, regarding the amendment to introduce peak representative bodies, natural persons are included as being members or officeholders only in a non-financial capacity. Can you confirm that this is to make sure that these natural persons cannot pay a subscription, an affiliation fee or an annual levy to a peak body at a rate higher than the annual gift cap of $50,000 to which they would otherwise be entitled?

Hon. Senators:

Honourable senators interjecting—

David Fawcett (SA, Liberal Party) Share this | Link to this | Hansard source

Order! Senators, I have asked you, if you're going to remain in the chamber, to resume your seats and not to interject, in accordance with standing order 197.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you for the question. Yes, we've sought to make sure that, by including these natural members as being members or officeholders in a non-financial capacity, as an individual, they cannot pay a subscription or an affiliation fee.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Can you confirm that the bill will not change the National Party's existing affiliation arrangements between the federal party and state parties as per their constitutions? In particular, can you confirm that the state National Party entities, such as the National Party of Australia Victoria and the LNP, will continue to be recognised as state branches of the federal National Party for the purposes of the Commonwealth Electoral Act?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you for that question, Senator Hume. Yes, I can confirm that requirements to party registration and affiliations are not amended by the bill.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, can you confirm that the provisions of the bill do not alter the status of the LNP as the recognised state branch and, specifically, the Queensland branch of both the Liberal Party of Australia and the National Party of Australia for the purposes of the Commonwealth Electoral Act?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I thank Senator Hume for her question. The bill does not alter the status of the LNP for the purposes of the Commonwealth Electoral Act.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, is it also correct that a state branch in a federal party is a core member of the federal branch's expenditure group?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Yes, a state branch in a federal party is a core member of the federal branch's executive group.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, on peak representative bodies, could you please give an example of a natural person who is a member of the type organisation captured by the definition of a peak representative body?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

If you can give me a little bit of time, I will get a formal answer to that question.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

I want to ask some questions about the expenditure cap by electorate. Independent candidates are provided a divisional expenditure cap of $800,000 while political parties are provided with a national expenditure cap of $90 million. That's correct, yes?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Yes, that is correct.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

If a political party runs candidates in all 150 seats, that equates to just $600,000 per seat. Given this, what do you then say to people who say that this bill disadvantages Independents who have a cap of $800,000?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

():  Thank you, Senator Hume, for your question. The beauty of this bill is that it treats everybody equally. It sets an amount of money that you can spend—

I like Mary MacKillop. She was a wonderful lady and—

The TEMPORARY CHAIR: Minister, you'll ignore the interjections. Senator Rennick, you know the standing orders. Minister.

The beauty of this bill is that it puts downward pressure on total expenditure, but it also ensures that everybody gets treated equally, in terms of their ability to run a campaign. What I say about the $800,000 is simply this. If you can't get your message out to the Australian community with an expenditure of $800,000 then you shouldn't be in the game of politics.

I know you disagree, Senator Lambie.

The TEMPORARY CHAIR: Minister, ignore the interjections. Senator Lambie, standing order 197.

Wake up, Senator.

The TEMPORARY CHAIR: Minister, you have the call.

This bill is about putting downward pressure. It's all about taking big money out of the electoral process and it's all about treating all candidates equally, in terms of their ability to get elected to this place. You shouldn't, any longer, be in the thrall of a billionaire to be elected to this place. Ordinary Australians have to have the ability to be elected, and that's exactly what this bill does.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

I have some questions about disclosure periods. First of all, Minister, can you confirm the length of time that a candidate or a political party will have to disclose a donation outside of an election?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The answer to that is monthly.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, can you confirm the length of time that a candidate or a political party will have to disclose a donation after the writs for an election have been issued?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

It's weekly, until the last week when it becomes daily. That's significant because, for the first time in Australian electoral history, when you go into the ballet box to vote, you will know in advance who else is backing the particular candidate that you're contemplating voting for. This is one of the historical changes and, I think, very beneficial changes to our democratic process that will result as a result of this legislation.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

I just want to reconfirm then that, after the writs are issued, disclosures for donations have to occur within a week, but, during that last week of a campaign, disclosures for donations have to occur daily—is that correct?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

That's correct, and that is one of the terrific transparency provisions in this new legislation.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

I have some questions about parliamentarian resources. First, could you confirm that the resources provided to sitting parliamentarians are not considered electoral expenditure for the purposes of the expenditure cap?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Yes, that is correct.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

Minister, can you also confirm that, in relation to staff provided to parliamentarians, the changes proposed in this legislation will also ensure that volunteers are not inappropriately captured by the expenditure caps?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Yes, I can confirm that. I think there's an amendment to clarify that point amongst the one's I've just presented here this evening.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

I have no further questions for the minister other than hoping that he will be able to come back on that original question of an example of a natural person who is a member of the type of organisation captured by the definition of 'peak representative body'. If you could come back to us before we get to the end, that would be terrific.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I think we're going to be here for a very long time tonight, so I have ample time to ensure I get the accurate advice for you, Senator.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

Well, well, well. I have to say I'm rather offered. The only way I got up here, the only way I was given an opportunity as a normal Aussie out there, was by billionaire Clive Palmer. Are you now saying to me that after 10 years in this place I do not belong here? Is that what you're saying—that that opportunity was given to me and that you're going to take it off everyone else and that I haven't earnt my way up here? By God, I'm offended. Why don't you answer that one?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

No, I'm not saying that.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I actually don't recall—maybe I was comatose during the last three years—the Labor Party taking this to the last election. When did you get the majority? When did you get a social licence from the Australian people to ram this down our throats and theirs and to charge them more? Instead of $3, $5 will pass over to us. When did you get Australia's social licence to do that?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The Labor Party took transparency provisions to the last election, and, in the almost three years of this parliament, we have had inquiry after inquiry into the best way of ensuring the ongoing electoral system in this country to ensure that democracy survives in this country and to ensure that democracy prospers in this country. Those committee hearings and the resultant legislation which you now see before you tonight are a reflection of all of those discussions which we have conducted in this parliament with the Australian people, and I'm very firmly of the view that the Australian people want this legislation.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

Democracy? It's a stitch-up. You have stained democracy. That's what you've done by doing this. Anyway, during this time, I've never seen the opposition throwing dorothy dixers to the government. At what time did the opposition provide copies of the questions they were going to ask you whilst you were in the committee stage of consideration of this bill?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

We've had very extensive conversations over a long period of time with the opposition, with the Greens, with Senator Pocock and even with Senator Rennick.

Well, we might have to agree to disagree, Senator Rennick. The number of amendments that you've put into this legislation suggests to me that you had a pretty good outing. Throughout this whole process, I've been willing to talk to anybody who wants to talk about electoral reform. I've invited people to come forward with their ideas. If the opposition choose to do that, then I choose to respond, and I think that's a good thing, Senator Lambie.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

It's not a confession box, but do you actually think you could stand in a court of law right now and state under oath that this is not an attempt by both of your major parties to limit the crossbench representation in the future for what is the greatness of democracy in this country? You can't be serious. You could stand under oath, could you? Could you seriously do that?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Yes, I could.

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

Minister, we just got a whole bevy of amendments that constituted the changes that the Liberal Party required in order to back in this piece of legislation. We literally received those while I was on my feet giving my second reading speech. That was when they came into my email inbox, so I've had about an hour to glance through them whilst also trying to pay attention to what's happening in the chamber. My first question is: can you please run us through the changes that the Liberal Party asked you to make to this bill that are now being reflected in the amendments that you've just tabled? What do they do?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The changes reflect the negotiations that we've had with all of the parties in this parliament. People have made suggestions. As you know, I came up to Brisbane to your beautiful offices in Paddington.

Hon. Senators:

Honourable senators interjecting—

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Well, the invite was there. Senator Pocock, of course, is in Canberra. He came in to see me. I've invited everybody in this place to come forward. The bill didn't pass in November last year. Months have transpired. You've all had opportunities to come forward and say, 'I'd like this change or that change.' These changes reflect those people who have come forward, and I think they make the bill stronger in terms of getting the broadest possible support that we can get.

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

That actually didn't answer my question at all. I didn't ask about the process of the cosy chats you've had with the opposition. As a courtesy to the chamber, who only just received these amendments, I asked for you to explain what they do.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The amendments are there. You can read them for yourselves. They're simple amendments. They're straightforward. I invite you to do so.

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

I'm sorry, are you kidding me? I have been in here paying attention and doing my job. I do not have time to read all of the 400-page bill and the eight amendments you've just tabled. I asked you twice, 'Can you please tell the chamber what they do?' You don't even have the courtesy to do that. That is rude and arrogant.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I reject the suggestion I'm rude and arrogant. I took the trouble to fly up to Brisbane, to make an appointment to come and see you, to sit down with you and to invite you to come on board with some much-needed electoral reform in this country. When you said, 'Look, I want a briefing from the department on this legislation', I facilitated that briefing.

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

Two months ago!

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Well, I facilitated the briefing. It would have been earlier had you been available earlier.

I'm sorry, Senator Waters, it would have been available if you had been available earlier.

Senator, you're complaining about a 400-page document. You've had that document now for months.

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

I'm asking about the individual—

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

No, you were also asking about the 400-page—

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

You're not answering!

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

With respect, Senator Waters, I am answering.

Karen Grogan (SA, Australian Labor Party) Share this | Link to this | Hansard source

Senator Waters, that's enough!

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I am answering your question. We've provided you with a briefing. As you know, we were going to meet last week and talk about the legislation. That didn't happen. I then approached you and said, 'Look, is there going to be an opportunity for us to discuss what you would like changed in this legislation?' You reiterated to me your earlier—

The TEMPORARY CHAIR: Minister, resume your seat. Senator Lambie, do you have a point of order?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I do. I'm confused, and I too would like to know what the eight amendments that the Liberal and National parties have just put in do. That's all we're asking. Could you please explain to us what those eight amendments do?

The TEMPORARY CHAIR: Thank you; please resume your seat. Minister, if you could attend to the question.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I've said everything I needed to say on that point.

The TEMPORARY CHAIR: Senator Lambie, before you start, can I ask you to stick to the point. There's a lot of emotion in here; that's fine, but let's be clear about the questions we're asking.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

It's not emotion; I just need to understand what the eight amendments are. They've done a deal here, but I've got a minister here that cannot explain what those eight amendments do. How can we—

The TEMPORARY CHAIR: Senator Lambie, if you would put your question.

Can you please explain what the eight amendments do? What do the LNP's eight amendments that you've agreed to do, Minister? I would have thought that was democracy. Please explain it to us.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Senator Lambie, democracy is all about people like you taking advantage of offers by people like me in government to go through the legislation. It's part of democracy. If you say to me, Senator Lambie, 'I want an explanation', and I offer to provide you with that explanation, as I have done for weeks and weeks—

The TEMPORARY CHAIR: Senator Lambie, just wait. Minister, please resume your seat. Senator Lambie, if you would wait for the call it does a couple of things. One, it helps the chamber understand what you're trying to say and it allows Hansard to record what you're saying. It is a common practice of this Senate to wait until you are called and, when you have the call, to say your piece. Senator Lambie, you have the call.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

Thank you! We have just been given these amendments. We are not staffed up. These amendments didn't come in two months ago; they've come in in the last hour. I am simply asking you to please explain what these amendments do.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Senator Lambie, for weeks and weeks my office reached out to your office to give you a briefing on this legislation. You have chosen not to take that briefing. In fairness to the Greens, when the offer was made, they readily accepted, and we gave them—

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

Do you understand—

Karen Grogan (SA, Australian Labor Party) Share this | Link to this | Hansard source

Senator Lambie, I'm going to ask you again to wait for the call. Senator Lambie, please go ahead. You have a point of order?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I'm simply asking, these amendments—we're not talking about the bill; we're talking about—

The TEMPORARY CHAIR: Senator Lambie, this is not a point of order.

Okay. The amendments—

The TEMPORARY CHAIR: The minister was speaking.

The relevance.

The TEMPORARY CHAIR: He has eight minutes and 40 seconds left on the clock—if you would like to resume your seat. Minister, would you like to continue with your answer.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I make the observation, as I have done, that Senator Lambie was given the opportunity of a full briefing on the bill. She chose not to take advantage of that. If she wishes to have an explanation of the proposed amendments, then I'm happy to go through those. Amendment (1) proposed originally a disclosure threshold of $1,000, and we have increased that to $5,000. This is currently $16,900 and was again set to increase for the new financial year. No. 2, the amended gift cap from an individual or entity was originally $20,000 in the bill. That has been increased to $50,000. No. 3 is a provision to allow genuine peak representation bodies to manage their affiliation under the cap of four times the proposed gift. No. 4 is a technical amendment to limit the risks associated with constitutional changes to the reform package. No. 5 is a clarification that administrative expenditure is not electoral expenditure. Amendment (6) is technical amendments to ensure that state and territory electoral laws do not apply to the receipt and the use of funds for federal purposes or federal administrative purposes. No. 7 is technical amendments to ensure candidates, MPs and senators are able to contribute to their own political party or individual campaign account up to the annual gift cap. No. 8 is technical amendments to ensure political parties are able to loan funds between their branches without being subject to the gift cap. No. 9 is technical amendments to clarify that volunteers are to be treated as staff for the purposes of travel and accommodation related expenses and exemptions.

While I'm on my feet, Chair, Senator Hume did ask a question earlier. The answer to that is that a peak body can only be representative of other organisations. The only time a natural person can be a member of such a body is when they are a life member or elected official, not a replacement for affiliates or genuine organisations. This bill, including its amendments, is about promoting participation while limiting big money, as it restricts big donors.

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

Thank you, Minister. I appreciate you finally giving us a rundown of those amendments. I'm not sure why it took seven attempts to do so, but I do genuinely appreciate the guidance that you've given there. I have a follow-up question in relation to the affiliation fees, which was the third amendment that you mentioned. I don't know which number amendment it is, unfortunately. You mentioned that affiliation fees up to four times the amount of the gift cap for peak bodies can be contributed. I understand that, under the bill that was tabled, there would have been a $20,000 cap on the amount that peak bodies—such as the Business Council or the Minerals Council, for example—could take from their member organisations for their own national political campaigns. Is it correct that the amendment that you've just flagged essentially changes that? Is it the case that every single big mining company that is a member of the Minerals Council can now contribute $250,000 in affiliate fees to the Minerals Council—not $20,000 anymore but $250,000? Is it the case that the Minerals Council could then spend that on electoral purposes and only be capped from doing so above $11½ million? Please let me be wrong about that, but is that the case?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

This issue was certainly the subject of discussion with a range of member organisations, and, yes, we have increased the amount of money that they are going to be able to spend on the election process. But the key here, Senator Waters, is that at the moment there is no limit. They can spend as much as they want, and many of them do. The billionaires spend an awful lot of money on elections. At the last election we saw Clive Palmer spend $117 million.

To the extent that we are capping the ability of these organisations to spend money in elections, we are putting downward pressure on these organisations and their ability to spend money in the election. At the moment, there is no restriction. Nothing at all restricts those companies from spending as much as they like. We have capped the spending of these organisations.

You don't want money going to gambling organisations or fossil fuels companies, and you don't want donations from them. For the first time in the electoral history of the federal parliament, we are capping the spending of those organisations which you say you don't like. We are treating them the same as all other organisations, but we've finally put a cap on their spending. I am disappointed that the Greens haven't come on board to support that legislation, because for the first time we are putting downward pressure on the ability of all of these organisations to spend money in the electoral cycle.

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

On this line of questioning, you mentioned you spoke with a range of member organisations in crafting this amendment. Which mining companies or gas companies did you speak with about this amendment?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I don't believe I spoke to any gas or mining companies about this amendment.

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

Which member organisations that you said you'd had discussions with did you speak to about this amendment?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

We had a number of discussions—for instance, with the Australian Council of Trade Unions and with the BCA. I think we might have discussed it with the National Farmers Federation, and there were a few others.

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

Minister, did you speak to the Minerals Council about this amendment?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Not that I can recall.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Minister, have you or the department obtained advice from the AEC about how easy it will be to understand and comply with this law, and, if so, what is that advice?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Yes, throughout the whole process. Right from the start of the discussions about this legislation, we have engaged with the Australian Electoral Commission. I would have liked this legislation to have been in force for this particular election, but, because of the very transformational nature of the changes that we're making here—particularly those provisions that relate to real-time disclosure, and to the donations caps and disclosure caps—the AEC requested extra time to implement the changes because they are such significant changes.

I wanted to get this legislation through the parliament in this term to give the Australian Electoral Commission as much time as I possibly could to implement these changes. They are significant and important changes, and we want to get them right. I am planning to give the AEC as much time as possible to implement them, and, because they have been engaged in the process and have seen the changes that we're proposing, they have had the opportunity to provide input into what we're doing here. So the answer to your question is yes, we have consulted extensively with the AEC.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thanks, Minister. What consideration has been given to the impact of these laws on a new party contesting an election, and what modelling has been conducted on these impacts?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Senator Pocock. New parties are popping up all the time—we've got Mr Rennick's new party popping up here—and the good thing is that all parties, new or old, are treated exactly the same under this legislation. Nobody gets an advantage and nobody is disadvantaged by this legislation.

I know we've had a number of discussions and I guess we've had to agree to disagree, but the significance of what we're doing here by capping expenditure on individual electorates is that all of the parties in the process are limited by how much they can spend. So, if you are a new party, you know that, if you can raise $800,000, your opponent can only spend $800,000. You know you're on an equal footing with that other party if you choose to challenge them. So I think that, for the first time, we have established a level playing field in every electorate in this country from the election after next.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thank you, Minister. That sounds good but it's not actually what's in the legislation. The 'playing field' is level on a candidate level, where it's $800,000 each, but, if you have a party, you can then tip in more money promoting that party as long as you don't mention that candidate.

One of the other things with new entrants and minor parties is that, if the candidate's name is in the party's name, you cannot spend more, as Labor or the Liberals could do. I understand you're trying to sell it as a level playing field, but, if you actually look at the details, it doesn't seem to be that way. Part of my question is: what modelling has been conducted on these impacts on new entrants—on new parties?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Senator Pocock. Again, I think we're going to have to agree to disagree about this issue. If you're a candidate in a lower house seat then you are limited to an expenditure of $800,000. You're right; there is a total expenditure for the major political parties. But that figure is lower than what the parties have spent in previous elections, and it will certainly be lower than what the parties spend in this election. You'll have seen the rivers of gold, particularly flowing into the teal seats, in this election cycle. There's going to be a huge amount of money spent at the next election.

What this legislation does, and the reason I think you're wrong about your analysis of the benefit for the major parties, is that we're capping the amount of money that the major parties can spend in elections. We are, Senator Pocock. We're capping the amount of money that political parties can spend in elections. If we were seeking, as has been claimed in the press today, to benefit the Labor Party, the Liberal Party, the National Party or the Greens by this legislation, we wouldn't be limiting the amount of money that we can spend; we'd be increasing the amount of money that we can spend vis-a-vis the Independents. We're taking a haircut—I know you have a haircut from time to time, Senator Pocock. We're taking a haircut, voluntarily, to limit the amount of money that the major parties can spend. For that reason, your argument doesn't follow. We're limiting the expenditure in the seats. We're also limiting how much the political parties can spend on a broader scale. That, Senator Pocock, is the reason that, I hate to say, your analysis of what this legislation is doing is completely wrong.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thanks, Minister. A lot of the stuff I'm saying is from the departmental briefing, so I'd suggest that you check with the department that's actually drafted this legislation.

To your point about parties being able to spend less: it looks that way, but, when we actually look at the way that you calculate spending, all the people who aren't directly campaigning are just in admin, and they don't count. That is a massive loophole, and again it doesn't take into account the advantage of (1) being an incumbent, where you have a team who can do that work; and (2) the party machinery. Then you add on top $30,000 per MP and $15,000 per senator. That's a lot of cash to be organising in the background. That's not part of that $90 million cap. I understand the narrative that you're pushing, but it doesn't stack up with what your department is saying and it doesn't sound like there was any consideration given to new parties or Independents. It doesn't sound like there was any modelling done to work out what this will mean for new entrants.

I note that, at paragraph 528 of the explanatory memorandum, three Independent candidate campaigns have been cited as examples of campaigns which were successful with expenditure well below the proposed expenditure cap. I'm interested in what other analysis were conducted of these campaigns informing a view that an Independent candidate may be successful with total electorate expenditure of $100,000 to $340,000. Were incumbency factors considered? Was the nature of the electorate considered? How did you actually come up with this conclusion?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Senator Pocock for your question. Coming back to your preamble, I don't know how I am going to explain to you, but you are simply wrong in your—

You are simply wrong in your analysis.

Senator Pocock, I will put my arguments against yours any day of the week. I actually think the Australian population will have come to the conclusion that too much money is being spent on elections. They will know this government and the opposition and anyone else who now chooses to come on board—there is still time to come on board—are putting downward pressure on the cost of elections. Can I refer to that great American president, President Biden. In his final speech, he talked about the oligarchy of the billionaires controlling the American political system. I hate to say it, but that's the direction that our system is heading. It doesn't matter whether you're a conservative-aligned billionaire or a progressive-aligned billionaire, we can't have a situation where the only people who get elected to this parliament are people who are supported by billionaires. It just can't work for democracy. What I'm saying to you, Senator Pocock, is this is incontrovertible. This is a plain outright fact: at the next election, when this legislation applies, the major parties will have cut their ability to spend money by 30 per cent. This is not a bill that increases the advantage of the major parties but a bill where major parties are cutting back.

Well, it's the truth.

Honourable senators interjecting—

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

Senators, you've asked the question; the minister answering.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Stay sitting up, please, Senator Pocock. If you look at the legislation, I'm happy to go through it after the legislation goes through tonight. I'm happy to sit down with you again, if you are still of the view that I'm wrong on this point. But the major political parties, for the first time since Federation, since this legislation came into force, are limiting their ability to spend money at the next election. I know it is so attractive when you have access to these rivers of gold that are coming from all the billionaires and millionaires to keep that coming. I know that's attractive. I'm sure it might be attractive to the Liberal Party and to the Labor Party, but we are saying, 'No, we're not going to take that money anymore.' We are going to self-limit the amount of money that we are going to take from donors.

Senator Lambie, it's a good thing that this legislation is passing. I'm not sure if you're still running candidates in lower house seats. I know you are running candidates in the Senate in South Australia. We are self-limiting the amounts of money. That's the first time in Australian political history that any party has proposed that, and it's a good thing for Australian democracy. I think the Australian people will get behind this legislation. In fact, I think most of them would think, 'Geez, I wish that was applying this election, so we don't have to wait for it for another three years.'

If you want to move an amendment for it to start applying from this election, I'll give that some consideration, Senator Lambie. But this is an historic piece of legislation. The major parties are limiting the money that they're going to spend at the election after next. They've put downward pressure on the cost of elections, and that's good for ordinary Australians. It's good for ordinary Australians who want to participate in the electoral process, because it gives them a chance. It gives them a chance. They don't have to be beholden to a millionaire or billionaire.

They can have a crack at a lower-house seat. They can, for the first time, Senator Pocock. Was it $2.1 million that you spent at the last election, Senator Pocock? In the whole history of ACT Senate—

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

Senator Pocock, on a point of order only.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Yes—misleading the Senate. You can't just make numbers up. I'm happy to hear the facts of it, but you can't just pull numbers out.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

They are the facts. I hate to say it.

The TEMPORARY CHAIR: Senator Pocock, on a point of order.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

A point of order for misleading the Senate. I'd ask him to withdraw. It was $1.7 million.

The TEMPORARY CHAIR: I'm not the adjudicator of the facts. Minister, you have the call. I ask you not to mislead the Senate with facts that are beyond your knowledge. You can continue. Senator Lambie?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I'm just wondering, if that is evidence, can you please table that to the Senate, effective immediately? Thank you.

The TEMPORARY CHAIR: That was a question, Senator Lambie, not a point of order. The minister was on his feet, and I will give him the indulgence. He's able to continue his reply.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Just so I'm clear, Senator Pocock, you say the figure is $1.7 million, not $2.1 million. Is that your point? Let's accept that. For the point of argument tonight, let's accept your figure of $1.7 million. In the whole history of time of elections in the Australian Capital Territory, no Senate candidate has ever spent anything like $1.7 million to get themselves elected. No candidate has ever, ever done that.

Labor, the Liberals or the Greens have never spent $1.7 million to get themselves elected. Good luck to you. I'm not complaining. They were the rules back then. You complied with the rules, and you got yourself elected. But what I say is that, if you want ordinary Australians—people like Senator Urquhart, here, who are very ordinary; extraordinary, I should say! I'll pick some ordinary people. Senator McGrath, he's volunteered. He is a very, very ordinary person. I can tell you that. Ordinary people like him should be able to stand and project their crazy views about—

An honourable senator interjecting—

No, he should be able to put himself up to the electorate and say, 'Please vote for me, because I've got these ideas, however crazy those ideas might be.' But not everybody, Senator Pocock, has access to $1.7 million, and then there's the other Senator Pocock—I bet she didn't spend anything like $1.7 million to get herself elected. She went out there—

The TEMPORARY CHAIR: Point of order, Senator Hanson?

Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Because we're lacking time, and the clock is running down to actually get some questions answered, I'd ask the minister to stop waffling on, running down the clock and answer the questions. If not, let the other people ask their questions.

The TEMPORARY CHAIR: Senator Hanson, you can seek the call once the minister has finished using his allotted time, based on the question that he was asked. He's still running down the clock. Do you have a point of order, Senator Lambie?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I'm just wondering if he's finishing his answer. I'm sorry, I thought he'd answered the question. Is it finished?

The TEMPORARY CHAIR: I will return the call to the minister, and he can advise us, based on the two minutes left on the clock, how much of his answer he still has to go.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Senator, I know you're embarrassed by that figure, so I won't labour the point any longer.

Gerard Rennick (Queensland, Independent) Share this | Link to this | Hansard source

Senator Farrell, you just said that all ordinary Australians should be able to stand, but here is the thing: you've got to find $2,000 just to register. I've had many candidates come to me who want to run, but you know what? They don't have $2,000. If they were able to get that money refunded then they might be able to run. I would actually be able to finance them myself. But the problem is that we don't know if they're going to get four per cent of the vote. So, when you say that all Australians can run, that is not entirely true, because they have to get four per cent of the vote to get any electoral funding.

This is ultimately my question to you: by capping all the other money that external people from outside the major political parties can donate, you can then monopolise the electoral funding by increasing the dollar per vote. That's what you'll do in the next cycle—cut off all external sources now and then, knowing that you get the bulk of the votes and you will cut the threshold off at four per cent, lift the dollar count per vote, from $3.50, up to $7 or $8. That's how you're going to make up for the fact that other parties can't actually raise external dollars. That is my question to you. If you genuinely want ordinary Australians to be able to run, why don't you reduce the threshold in order to receive electoral funding from four per cent to one per cent so that people can at least get their registration fee and some costs of the election paid? It's all very well talking about the big end of town and capping them, but you've choked the little end of town and the minor parties, like People First, from actually getting off the ground.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Senator Rennick, this legislation doesn't do what you say. It does the opposite of what you say. Instead of having to raise, for Senate candidates and the Australian capital cities, $1.7 million to compete with other candidates, there is now a ceiling. For smaller parties this is a boon. This is the best piece of legislation that has ever been presented to the Australian parliament. Now, your candidates at the election after the next election are going to have to raise a whole lot less money in order to get themselves elected.

Look, if they do get that four per cent, yes, they get some government funding; that is true. I don't think that's an unreasonable position to get to. If you believe people are going to be attracted to your political party, Senator Rennick, then one imagines they're going to get a lot more than four per cent. But your candidates are going to have to raise a damn sight less money to contest the election after next than they're going to have to do now, and that's a good thing. That's a good thing for Australian democracy. It's a good thing for your fledgling party. You are not disadvantaged by this legislation, Senator Rennick; you are advantaged. It's helping parties like yours by creating, for the first time since Federation, a level playing field.

James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

I note there are some amendments that have been moved by others to attempt to implement further voter integrity measures in our system. We should be clear that the coalition supports and continues to support strengthening the integrity of our electoral system, particularly around voter ID—something that I've pushed for for many years, which the minister would be aware of. The coalition notes the recommendations of the Joint Standing Committee on Electoral Matters reports into the conduct of the 2013, 2016 and 2019 elections that have raised this issue. However, the amendments in relation to this issue have been received very late in the process of discussions around this bill and were not socialised with the opposition. We were not allowed enough time to ensure that this proposed amendment is consistent with the current bill. As a result, the opposition will be opposing those amendments. It remains coalition policy to move towards an election system that requires voters to provide an acceptable form of identification in order to cast an ordinary prepoll or polling day vote in federal elections and referendums. Can I just confirm that there is no plan for the Labor Party to implement further voter integrity measures?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I wouldn't describe them as voter integrity measures. I would describe them as voter discouragement measures. As you well know, you convinced a former minister of state to bat up a piece of legislation in this area, and I had the great satisfaction of campaigning successfully to convince the last parliament not to proceed with that legislation because it simply would have discouraged ordinary people, who want to vote, from voting. This is a comprehensive package of changes to our electoral system. It's been three years in the making. There have been two inquiries. There have been heaps, and heaps, and heaps of discussions. We're now at the point where we've got to make a decision. Are we going to increase the integrity of the Australian electoral system? Are we going to make it fairer? Are we going to make it more possible for ordinary Australians to participate, or are we not? What might happen in future parliaments to this particular act? I don't know. What I'm very confident about is that we've struck the right balance here. I am disappointed that the Greens and the independents have not come on board. I am genuinely disappointed about that because I think we want to be on the right side of history here. This is a significant change—a good change—to our democratic process. But for the moment, this is our package. This is what we want the parliament to vote for, and this is what the government is supporting.

Pauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I think you've put a real spin on it tonight, because two of the major political parties are going along with this. When you have everyone in the Greens and on the crossbench opposing this, it tells you something stinks to high heaven. Senator Pocock is right. Whatever anyone spends on an election should be questioned. You've said you're actually bringing down the cost in elections. The House and half-Senate elections in 2019 were $372,473,000 for the Australian people. The election of 2022 was $522,390,000, so it actually hasn't come down. The by-elections for Dunkley were over $3 million. Your referendum that you had in 2023 was over $411 million. You haven't brought anything down whatsoever. On top of that, it's actually costing the taxpayers now. You're increasing the $5 per vote on the primary vote. You're increasing that. On top of that, you're putting a cap of $90 million on spending, nationally, for a campaign of any political party. My concern is that the Labor Party is funded by the unions through the backdoor all the time, and this is not registered at all. This is behind-the-scenes backdoor funding that you are getting from the Labor Party, and you are going like a snake through the grass. You are not exposing this, and you expect us to be upfront in where we get our donations from. I don't trust the Labor Party. I don't trust you, the government, in what you are doing and where you're getting donations from.

Now, it has been extremely hard for the minor parties and Independents to actually win seats in parliament against the major political parties, but the Australian people are waking up to you because they've had a gutful of it and they want true representation. When you came into my office and spoke to me about it, and you wanted to raise the threshold, getting $30,000 per person in the lower house, per member of parliament, and $15,000 for each senator in the upper house, as compliance costs, I was absolutely ropeable, and I still am. This is nothing but a cash grab—a greedy grab by the government and the coalition. You know you've got the members in this House. I think you'll benefit by about $2.7 million a year to the party, at the cost of the taxpayers, for your compliance costs. But you have actually put compliance costs onto farmers, businesses and everyone else out there. Have you compensated them for the fact that they have to get tax agents and other people to do their compliance costs? No, you haven't. And you use this as an excuse to fill your coffers with taxpayers' moneys.

What you are doing is absolutely disgraceful. You know damn well that the Independents and minor parties can't compete with this. To have the coalition support you on this tells me, and the Australian people out there, a lot about both of you.

On top of that, you're getting $5 per primary vote as well. Is that fair? No, it's not. It stinks to high heaven. That's why you've got the Greens and all the crossbench here opposing this, based on principle. When you sit there, day in, day out, and push your policies, and reckon that you're fighting for the Australian people out there, trying to put them in a house and all the rest of it, you're two-faced hypocrites. And I'll tell you to your face: you're two-faced hypocrites. And we have to try and compete with you, to get democracy in this place, to give people fair representation. I don't always agree with my colleagues here and their policies—by no means. And they know it. But we should look at it, based on policy, to give fair representation for people. You are not doing that in this piece of legislation that you've put before us. You're rushing it through the parliament as well, without real debate.

This is a cash grab by the major political parties. I'll tell the public who are there: this is a cash grab by the major political parties for your money, taxpayers' money, and you're suffering out there. That is why we, all the crossbench here, are standing up to fight for your rights.

Yes, we'd love to have more cash. I run a political party and I do it bloody tough to try and get donations. We don't get the donations from the big end of business or the banks or the corporations—or from the unions that actually dominate and run the Labor Party. You, the elected people from the Labor Party, don't run it; the unions run you. That's who runs this country when the Labor Party is in government. The unions run you—tell you what to do and how to vote. They watch over you.

So, Minister, do you honestly believe that what you're pushing here is fair on the purse, the pocket, of the taxpayer? You've made comments about how it's going to be easier for anyone to run in this election—democracy. I've put up amendments to this to say: 'Let's get rid of the two-week polling. Let's get rid of all of this campaigning material; it shouldn't be allowed at polling booths; just put it up in the booth itself so that people can look at it.'

Why don't you run fair? You know that the minor parties and Independents can't compete with the money that you guys get. We can't compete with that. You've actually put a $90 million cap nationally on the major political parties. That's who can run this sort of campaign. We can't. You can put out all the material, all the advertising on TV and everything, and you're going to get refunded through the electoral system. You're going to get your money back. We can't do that.

Where's the fair play in this? Where is the democracy? Where is the fair play? Minister, are you going to address this honestly? Can I get a fair answer out of you? Do you think it's fair that parties can spend up to $90 million in this election and get refunded by the taxpayer? Is that fair?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Senator Hanson, for your question. You raised an awful lot of issues in your rant there. Let me try and answer—

Hon. Senators:

Honourable senators interjecting—

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Do you want the answer?

Alright, I'll withdraw. Let's deal with a few of the issues that you raised in your question. The unions are going to be subject to the same rules as everybody else—in particular, all of the disclosure requirements. In other words, if they donate more than $5,000, they're going to be required to declare that donation. In the course of the election, they're going to have to reveal those donations, so that, when you go to the ballot box, you will know whether a union has donated to a particular candidate. This is the first time in our history that that sort of disclosure is going to be made available to Australian voters. That's a really, really significant step forward in the democratic process.

You talk about the $90 million. Yes, it's true; there is a total cap. Elections don't cost nothing; elections cost something. My objective with this legislation is to put downward pressure on the total cost of the election, but political parties and individuals do have to spend money in order to get their message out. If they want to get their message out to people, then they're going to have to spend some money. That's just the way things work. What we've done in this legislation is—voluntarily, by virtue of a piece of legislation—cut back how much the major political parties can spend on elections. For the first time since Federation, the first time in 125 years, there's going to be a cap on how much political parties can spend. I say that's a good thing, not a bad thing, Senator Hanson. I say it's a good thing—

Honourable senators interjecting—

And others, as—

Honourable senators interjecting—

No, it's not just about Clive Palmer. Of course, he donated $117 million at the last election. We're putting downward pressure on the cost. I say to the people you're directing your question at that that's a good thing. It's going to cost less to get elected to parliament. If you're a new party or an Independent, you're going to have to spend a damn sight less than you used to.

All of these disclosure rules that we're introducing—firstly, there are a couple of things about them. They're going to take some time to implement. You can't just click your fingers and make all these changes, because the changes are so significant. There is a cost to them as well. The small number of extra payments that are made either to candidates or to political parties, I say, is worth the price of improving our democracy. Our democracy is going to be improved by this legislation, Senator Hanson. I am personally disappointed, given the amount of time that I spent in your office going through this legislation, and I was unimpressed by how you spoke to some of my staff. If you're looking at getting apologies, then maybe an apology to my staff would be appropriate, Senator Hanson. We came to your office to genuinely engage with you, as I've done with anybody who's wanted to have that discussion with me. I have directly answered every point that you have asked. You may not necessarily like the answers, but this is the truth of it: this is good legislation that's going to be good for democracy in our country. I'd ask everybody in this place to vote for it.

Ross Cadell (NSW, National Party) Share this | Link to this | Hansard source

Minister, thank you for earlier answering the question about the state and federal relationships of the National Party. I'll just clarify that each party is a registered federal party. What would be the effect if one of the parties were to either disaffiliate or run non-affiliated candidates with the National Party? Where would the admin funding go? What would be the funding arrangement in that circumstance?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The regime of administrative funding in our legislation is clear that the funds are paid to the endorsing national entity. For Independents, the administration funding is paid directly. This was in response to feedback from some Independents who were constructively engaged in this process. I don't want the parliament to think that there wasn't constructive discussion with some of the Independents, because there was. Some of them made good suggestions, which we have picked up. Some of the Independents in this room would lead you to believe that there is no support from Independents for this legislation, but, in fact, there is.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Senator Pocock.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Can the minister back up his claims with fact or withdraw the statement that Independents support this legislation?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I'll give one example. Dr Scamps asked if we could lift the donation cap to $50,000, and that's what we've done. For Independents, the administration funding is paid directly, and that's in response to some of the Independents who worked constructively with us. Should parties or party structures change, the AEC will rely on the party registration, with the members themselves electing where that compliance funding is attributed. This is funding that cannot be used for campaigning.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

It's been reported by the media that you had an encounter with Simon Holmes a Court:

Farrell told a small group how the Climate 200 convenor had approached him to complain that his proposed changes to election donation laws would entrench the two-party system and lock out challengers. "I mean," Farrell quipped, "that's the fucking point!"

Minister, did you or did you not say that to Simon Holmes a Court?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

No. And, I might add, we told the journalist that I didn't, and he never reported it. That is not the sort of language I use either, publicly or otherwise.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Minister, can you confirm that, under your legislation, entities are able to take donations under this proposal before passing them on to other entities? For example, it's common practice for branches of parties to accept donations into a bank account, check that the donor is not a prohibited donor and then pass on the donation to the party head office. For many Independent campaigns, it's common practice for a 'Voices of' group to accept donations and then transfer those to the candidate once they are endorsed by the community. If donations are legal and declared, will such practices still be valid under your proposal?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you for your question. We're not supporting super PAC models here like in the United States. So, if your question is, 'Will they be allowable?' the answer is, no, they won't. But, if a transfer is clearly reported and ends up in a federal account, yes, that is permissible.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thanks for clarifying that. So I assume it is okay for that to happen. With the JSCEM review, all major parties made submissions saying that they needed increased administrative funding in order to deal with any real-time disclosure regime or increased regulatory burden. What consideration has been given to the ability of new entrants to comply with these laws without such funding?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Senator Pocock. The administrative funding is only available to existing candidates.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thank you, Minister. That perfectly leads me to my next question. The explanatory memorandum is silent on incumbency benefits. How were incumbency factors considered when modelling the expenditure caps and the donation caps?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you for your question. We'll get back to fundamental principles here. The whole point of this legislation is to create a level playing field, to allow ordinary Australians to participate in the electoral process and to limit big money in our electoral system. So how do new entrants benefit? Well, they benefit in all of those ways. The task of raising money is nowhere near as great as it was prior to this legislation and—

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

This is a point of order on relevance. We're running up on time. I'm just interested in how incumbency factors were considered when modelling the caps.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I'll just take that as not a point of order but another question. Minister.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

We may have to just agree to disagree again, Senator Pocock. This whole regime is all about putting downward pressure on the costs so that, for new entrants, it is less expensive. If this legislation were in place at the last election, Senator Pocock, you would not have had to raise $1.7 million to get yourself elected. There would have been a ceiling that both you were subject to as a new competitor and the existing incumbents—exactly the same amount of money, to limit it. If you're saying that the system should allow more money for new incumbents to spend, I don't agree with that. If we're going to have a fair electoral system, then I say you have to have a level playing field, and a level playing field is applying the caps equally to all participants in the process.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thank you, Minister. I might just explain, for the chamber, how the cap would actually work. In the territory, a new entrant could spend $600,000 on their Senate campaign. The Liberal and Labor candidates could spend $600,000 on their campaign, promoting themselves. If one of the parties thinks that this new entrant is a threat to the seat that they've held for 50 years, they could spend as much money as they are willing to allocate under their $90 million national cap as long as that advertising does not mention that person. This is the crux of the level playing field disagreement that Minister Farrell and I have. I have a lot of respect for the way that Minister Farrell is able to get things done, and I'm not going to go down into personal attacks. But that is the fact of it—if you ask the department or read the legislation. It's not the level playing field we're hearing about. There is the benefit of being a party.

Minister, I asked about consideration that's been given to the ability of new entrants to comply with the real-time disclosures and all the things that you've been talking about. We know that MPs get 30 grand a year and senators get 15 grand a year to do that. Can you please confirm that no consideration has been given to the ability of new entrants to comply with new laws without the additional administrative funding.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you for the respectful way you asked that last question and for the fact that you did not make any disparaging remarks about me; I appreciate that, Senator Pocock.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I could offer a couple.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Come on—what have I done to upset you, Senator McKim?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

You're putting through this absolute stitch-up between the major parties—

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

No, Senator McKim. This is democracy at work.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Senator Farrell, you're responding to a question from Senator Pocock.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Sorry, Senator Pocock. You've reiterated some points that you'd made previously, and I really have to disagree with you about the advantage that the existing parties get by virtue of their ability to promote the party as distinct from the individual. We are reducing by 30 per cent the amount of money that the Labor Party and the Liberal Party can spend on promoting their party. The comparison can't be the fact that the existing parties can spend that money. The comparison has to be: what can those parties do now, and what are they not going to be able to do under this new legislation? That's got to be the comparison. I say: for a new entrant into the scheme, that's a good thing. That's an advantage you have under this legislation which you did not have under the previous legislation. Given the amounts of money that are pulled out of the Australian political system as a result of this legislation, that does give the new contestants an advantage which they don't currently have. They don't currently have that advantage. They are going to be advantaged by this legislation, and, in the process, democracy is going to be a damn sight better in this country.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Minister, can you confirm that no consideration has been given to the ability of new entrants to comply with new laws without the additional administrative funding.

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I've answered the question.

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

Minister, will there be a statutory review?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

Thank you, Senator Waters, for your question. Yes, there's a JSCEM review built into the legislation.

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

I understand that there was some desire for stakeholders to have an independent statutory review, not just a JSCEM one. Is there an independent statutory review provision? If not, was there ever and did the Liberal Party ask you to drop that in order to get their support?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The government always supported a JSCEM review. Kate Thwaites and all of the people on that committee have done a terrific job over the last three years in getting us to this point. They should be congratulated for the work that they've done. I'm very comfortable with a JSCEM review.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The time for consideration of the bill has expired. After I put the questions before the chair I will then put the questions on the remaining stages of the bill. I will now deal with the Committee of the Whole amendments, starting with the amendments moved by Senator Farrell. The first question is that the amendments moved by Senator Farrell on sheets EE102, EE103, EE105, FJ101, SC130, SC131, SC136 and SC138 be agreed to.

Government's circulated amendments—

SHEET EE102

(1) Schedule 1, item 13, page 11 (before line 3), before the definition of Senate-only election, insert:

peak representative body means an entity in respect of which the following conditions are satisfied:

(a) the majority of the entity's income is payments made by the members, branches or affiliates (however described) of the entity;

(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:

(i) an officeholder of the entity who is a non-financial member, branch or affiliate of the entity; or

(ii) a person who is a non-financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or

(iii) an honorary non-financial member, branch or affiliate of the entity;

(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;

(d) the majority of the entity's income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;

(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.

Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.

(2) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:

Note: See subsection (3A) for an exception to paragraph (g).

(3) Schedule 1, item 18, page 17 (after line 7), after subsection 287AAB(3), insert:

(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party's expenditure group to another core member of the expenditure group is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.

Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).

(4) Schedule 1, item 18, page 17 (line 10), after "third party", insert "(including a peak representative body)".

(5) Schedule 1, item 18, page 17 (lines 23 to 26), omit "See especially subsection 292FA(6), which prevents the crediting of these kinds of amounts to a federal account to the extent they exceed the annual gift cap.", substitute "These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).".

(6) Schedule 1, page 21 (after line 19), after item 42, insert:

42A At the end of section 302CA

Add:

Extended meaning of gift

(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

(7) Schedule 1, page 21 (after line 23), after item 44, insert:

44A After subsection 314B(9)

Insert:

(9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

(8) Schedule 6, item 4, page 161 (line 19) to page 163 (line 19), omit subsections 292FA(4) to (6), substitute:

Obligation to credit only required or permitted amounts

(4) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that the only amounts that are credited to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of the item are the following:

(a) amounts required to be credited to a federal account kept for the purposes of that person or entity under subsection (2) or (3) of this section or another provision of this Act;

(b) amounts that are:

(i) to be used for a federal purpose; and

(ii) permitted to be credited to a federal account kept for the purposes of that person or entity under section 292FAA, 292FAB, 292FAC, 292FAD or 292FAE or another provision of this Act.

(9) Schedule 6, item 4, page 163 (after line 36), after section 292FA, insert:

292FAA Permitted credits to federal account for registered political party, State branch or nominated entity

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2, 3 or 7 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity that is a core member of the same expenditure group as the account beneficiary;

(e) if the account beneficiary is a registered political party or a State branch of a registered political party—an amount paid from another federal account kept for the purposes of this Part in relation to another political party if:

(i) the account beneficiary and the other political party are related to each other within the meaning of paragraph 123(2)(a) because one is a part of the other (while not being a State branch of the other); and

(ii) the one that is a part of the other is a registered political party;

(f) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a registered political party, a State branch or a nominated entity if the amount is paid from the federal account of a candidate, a member of the House of Representatives, a Senator, or another registered political party, State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAB Permitted credits to federal account for registered political parties: contributions by candidates and sitting members

(1) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2 or 3 of the table in subsection 292FA(1) if all of the following apply:

(a) the account beneficiary is a registered political party;

(b) the amount is credited to the federal account by a person (the payer) at a time in a calendar year and is an amount of the payer's own money;

(c) at the time the amount is credited, the payer is either or both of the following:

(i) a candidate endorsed by the account beneficiary;

(ii) a member of the House of Representatives, or a Senator, who is a member of the account beneficiary;

(d) if the payer is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the payer's election campaign in the calendar year.

Note: An amount may only be credited under this section if it is for a federal purpose. The amount will be a gift (see subsection 287AAB(3A)).

(2) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts paid by the payer that are covered by subsection (1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts paid by the payer that are covered by subsection 292FAC(4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the payer.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAC Permitted credits to federal account for candidate, member or Senator

General

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity, if both the other person or entity and the account beneficiary are core members of the same expenditure group;

(e) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a candidate, a member of the House of Representatives or a Senator if the amount is paid from the federal account of another candidate, member of the House of Representatives or Senator, or a registered political party, a State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by independent candidates and members

(2) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is not endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is not a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(3) However, the sum of amounts that are covered by subsection (2) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by other candidates and sitting members

(4) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(5) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts that are covered by subsection (4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts that are covered by subsection 292FAB(1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to:

(i) the registered political party that endorsed the account beneficiary; or

(ii) the registered political party that the account beneficiary is a member of.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAD Permitted credits to federal account for significant third party, associated entity or third party

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc.

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) a subscription paid in respect of the payer's membership of the account beneficiary;

(b) an amount paid in respect of the payer's affiliation with the account beneficiary;

(c) if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.

Note: Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

(2) However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:

(a) if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or

(b) otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

_____

SHEET EE103

(1) Schedule 1, page 17 (after line 26), after item 18, insert:

18A Subsection 287AB(1)

Repeal the subsection (not including the notes), substitute:

Dominant purpose of creating or communicating electoral matter

(1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.

18B Subsection 287AB(3)

Omit "In addition, any expenditure incurred by or with the authority of a political entity, a person or entity", substitute "Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity".

18C Subsection 287AB(3)

Omit "a member of the House of Representatives or a Senator in relation to an election is electoral expenditure, except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister", substitute "is electoral expenditure to the extent that it is in relation to an election".

(2) Schedule 1, page 17 (after line 31), after item 19, insert:

19A After subsection 287AB(3)

Insert:

Specific electoral expenditure

(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:

(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards or any other form;

(b) expenditure on the production and distribution of electoral matter;

(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;

(d) expenditure incurred in employing staff engaged in an election campaign;

(e) expenditure incurred for office accommodation for any such staff and candidates;

(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;

(g) expenditure on research associated with an election campaign (other than in-house research);

(h) expenditure incurred in raising funds for an election;

(i) expenditure of a kind prescribed by the regulations.

Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.

Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

Note 3: A candidate's staff includes any volunteers.

Expenditure that is not electoral expenditure

(3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.

(3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (the service provider):

(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or

(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.

(3) Schedule 1, item 20, page 18 (line 1), omit the heading to subsection 287AB(4).

(4) Schedule 1, item 20, page 18 (after line 11), after paragraph 287AB(4)(c), insert:

(ca) expenditure to the extent that it is administrative expenditure;

(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;

(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));

(5) Schedule 7, item 2, page 170 (lines 36 to 40), omit note 2.

(6) Schedule 7, item 2, page 171 (line 7), after "particular electoral matter", insert "or electoral matter generally".

(7) Schedule 7, item 2, page 171 (lines 19 to 22), omit subsection 287AAA(3).

_____

SHEET EE105

(1) Clause 2, page 2 (table item 8), after "Schedules 6", insert ", 6A".

(2) Schedule 5, item 8, page 134 (after line 18), after subsection 310(4), insert:

Details of federal administrative accounts

(4A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(3) Schedule 5, item 8, page 136 (after line 3), after subsection 310A(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the candidate at any time in the calendar year.

(4) Schedule 5, item 8, page 137 (after line 29), after subsection 310B(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the member or Senator at any time in the calendar year.

(5) Schedule 5, item 8, page 139 (after line 30), after subsection 310C(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

(6) Schedule 5, item 8, page 142 (after line 34), after subsection 310D(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(7) Schedule 5, item 8, page 144 (after line 30), after subsection 310E(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(8) Schedule 5, item 8, page 146 (after line 6), after subsection 310F(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

(9) Schedule 5, item 12, page 156 (table item 4), after "an address", insert "or details of federal administrative accounts".

(10) Page 168 (after line 4), after Schedule 6, insert:

Schedule 6A — Federal administrative accounts

Commonwealth Electoral Act 1918

1 Subsection 287(1)

Insert:

federal administrative account means an account where:

(a) the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and

(b) the only amounts withdrawn or transferred from the account are amounts:

(i) withdrawn or transferred for a federal administrative purpose; or

(ii) transferred to another federal administrative account; and

(c) the account is with an ADI within the meaning of the Banking Act 1959; and

(d) the account is kept in Australia.

Note: ADI is short for authorised deposit-taking institution.

Example: A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.

federal administrative purpose means the purpose of incurring:

(a) administrative expenditure; or

(b) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.

Note: See section 287AAA for the definition of administrative expenditure.

2 Subsection 287(1) (at the end of the definition of regulated entity )

Add:

; and (c) in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.

3 After section 314B

Insert:

314C Gifts made etc. for federal administrative purposes

Offering gifts

(1) Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expresslyoffered for federal administrative purposes.

Seeking gifts

(2) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expresslysought for use for federal administrative purposes.

Giving gifts

(3) Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expresslygiven for federal administrative purposes.

Receiving or keeping gifts money

(4) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:

(a) the money is deposited into a federal administrative account as soon as practicable after the money is received; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal administrative purposes; or

(ii) to transfer the money to another federal administrative account.

(5) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:

(a) the money is kept in a federal administrative account; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal administrative purposes; or

(ii) to transfer the money to another federal administrative account.

(6) To avoid doubt, subsections (4) and (5) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (4)(b)(i) or (ii) or (5)(b)(i) or (ii).

Receiving or keeping gifts gifts other than money

(7) Despite any State or Territory electoral law and despite subsection 302CA(5), a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes or federal administrative purposes.

(8) To avoid doubt, subsection (7) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal administrative purposes.

Receiving or keeping gifts additional operation

(9) Subsections (4), (5) and (6) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal administrative purposes.

Using gifts money

(10) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal administrative purposes if the gift has been continuouslykept in a federal administrative account since it was deposited in that account, or any other federal administrative account, in accordance with subsection (4).

Using gifts gifts other than money

(11) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal administrative purposes if the gift has been continuouslykept for federal administrative purposes since it was received.

Using gifts relationship with State or Territory electoral laws

(12) To avoid doubt, the fact that, as a result of subsection (10) or (11), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.

Gifts not otherwise prohibited by this Part

(13) To avoid doubt, this section applies to a gift only if this Part does not prohibit the giving, receiving or keeping of the gift.

Parts of gifts

(14) For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.

Extended meaning of gift

(15) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

314D Disclosure of amounts given etc. for federal administrative purposes

Disclosure of amounts and benefits given etc.

(1) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) if the person or entity expressly gives the amount to, or for the benefit of, a regulated entity for federal administrative purposes.

(2) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, if the person or entity expressly provides the benefit to, or for the benefit of, a regulated entity for federal administrative purposes.

Note: For the definition of non-monetary benefit, see subsection (11).

Disclosure of amounts and other benefits received

(3) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) that is received by or on behalf of the regulated entity if:

(a) the amount is deposited into a federal administrative account as soon as practicable after the amount is received; and

(b) the amount is not transferred or withdrawn out of the account except:

(i) to use the amount for federal administrative purposes; or

(ii) to transfer the amount to another federal administrative account.

(4) To avoid doubt, subsection (3) is taken never to have applied if, at any time, the amount is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (3)(b)(i) or (ii).

(5) Despite any State or Territory electoral law and despite subsection 314B(2), a regulated entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, that is received by or on behalf of the regulated entity unless the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes or federal administrative purposes.

(6) To avoid doubt, subsection (5) is taken never to have applied if, at any time, the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal administrative purposes.

(7) Subsections (3) and (5) also have the effect they would have if a reference to an amount or benefit were confined to an amount or benefit expressly given or provided for federal administrative purposes.

Disclosure of administrative expenditure

(8) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of expenditure if the expenditure is administrative expenditure.

Disclosure of debts

(9) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of a debt (except a debt incurred as a result of a loan) if the debt is incurred for federal administrative purposes.

Interpretation

(10) Despite any State or Territory electoral law, if, as a result of this section, a person or entity is not required to disclose under that law an amount, information or value referred to in this section (the federal information), then:

(a) it is immaterial whether the federal information is required to be included in a return provided under this Part; and

(b) a total amount, or information relating to a total amount, that is required to be disclosed under that law is not required to include the federal information.

(11) A non-monetary benefit is a gift, or a good or service that is lent, that is not money.

(12) For the purposes of this section, if an action (such as giving or using) is taken in relation to a part of an amount or non-monetary benefit for a particular purpose, and that same action is taken in relation to another part of the amount or benefit for a different purpose, each part of the amount or benefit is taken to be a separate amount or benefit.

(13) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

Compulsory production provisions excluded

(14) This section does not apply in relation to any compulsory production provision in a State or Territory electoral law.

(15) A compulsory production provision in a State or Territory electoral law is a provision that confers a power on a person or body (the regulator) to compel a particular person to disclose information (including an amount or value) for the purposes of the regulator investigating a potential contravention of that or any otherlaw.

Note: A provision that confers a power for a person or body to give a notice to produce to a regulated entity is an example of a compulsory production provision.

4 After subsection 302AE(3)

Insert:

(3A) The account may be a federal administrative account.

5 After subsection 302AE(8)

Insert:

(8A) The account may be a federal administrative account.

6 After subsection 302AF(3)

Insert:

(3A) The account may be a federal administrative account.

7 Subsection 317(1A)

Omit "or 314B", substitute ", 314B, 314C or 314D".

8 Subsection 317(1A) (example)

After "federal account", insert "or federal administrative account".

9 Paragraph 317(2)(e)

Omit "or 314B", substitute ", 314B, 314C or 314D".

(11) Schedule 9, item 3, page 194 (after line 25), at the end of subsection 314AN(2), add:

Note: This may include a requirement to produce information or documents relating to a federal account or federal administrative account kept for the purposes of this Part.

_____

SHEET FJ101

(1) Schedule 3, page 71 (line 2), after the heading to the Schedule, insert:

Part 1 — Amendments

(2) Schedule 3, page 94 (after line 28), at the end of the Schedule, add:

Part 2 — Relationship of this Schedule with Schedule 4

11 Relationship of this Schedule with Schedule 4

(1) It is the intention of the Parliament that the amendments made by this Schedule (gift caps) and by Schedule 4 (expenditure caps) are to operate together and not to be severed from each other.

(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901.

(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.

(3) Schedule 4, page 95 (line 2), after the heading to the Schedule, insert:

Part 1 — Amendments

(4) Schedule 4, page 129 (after line 8), at the end of the Schedule, add:

Part 2 — Relationship of this Schedule with Schedule 3

7 Relationship of this Schedule with Schedule 3

(1) It is the intention of the Parliament that the amendments made by this Schedule (expenditure caps) and by Schedule 3 (gift caps) are to operate together and not to be severed from each other.

(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901.

(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.

_____

SHEET SC130

(1) Schedule 4, item 2, page 121 (after line 32), at the end of subsection 302AQC(1), add:

Note 3: A candidate's staff includes any volunteers.

(2) Schedule 4, item 2, page 122 (after line 11), at the end of subsection 302AQC(2), add:

Note 3: A candidate's staff includes any volunteers.

_____

SHEET SC131

(1) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:

(ga) a loan made by a core member of a registered political party's expenditure group to another core member of the expenditure group;

(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party's expenditure group to another core member of the expenditure group;

_____

SHEET SC136

(1) Schedule 3, item 1, page 71 (line 28), omit "$20,000", substitute "$50,000".

(2) Schedule 3, item 1, page 72 (line 1), omit "$20,000", substitute "$50,000".

(3) Schedule 3, item 1, page 72 (line 26), omit "$20,000", substitute "$50,000".

_____

SHEET SC138

(1) Schedule 1, item 10, page 10 (line 16), omit "$1,000", substitute "$5,000".

(2) Schedule 1, item 10, page 10 (line 17), omit "$1,000", substitute "$5,000".

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

by leave—I indicate that I have changed my vote on SC136 from support to oppose.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by Pauline Hanson's One Nation. These are on sheet 3309, amendments (9), (10) and (13). The first question is that sections 310P and 311 in item 8 of schedule 5 stand as printed and part 1 of schedule 7 stand as amended.

Pauline Hanson's One Nation's circulated amendments—

(9) Schedule 5, item 8, page 154 (lines 7 to 21), section 310P to be opposed.

(10) Schedule 5, item 8, page 154 (line 22) to page 155 (line 10), section 311 to be opposed.

(13) Schedule 7, Part 1, page 169 (line 3) to page 184 (line 28), to be opposed.

Question agreed to.

The question before the committee is that Pauline Hanson's One Nation's remaining amendments on sheet 3309 and the amendments on sheets 3299, 3307, 3308 and 3310 be agreed to.

Pauline Hanson's One Nation circulated amendments—

SHEET 3309

(1) Schedule 1, item 8, page 8 (lines 20 to 22), paragraph beginning "Administrative assistance funding", omit the paragraph.

(2) Schedule 1, item 18, page 15 (lines 5 to 6), omit "or Division 3AA (administrative assistance funding)".

(3) Schedule 5, item 8, page 133 (lines 29 to 31), omit paragraph 310(3)(g).

(4) Schedule 5, item 8, page 134 (lines 19 to 23), omit subsection 310(5) (including the heading).

(5) Schedule 5, item 8, page 134 (lines 24 to 26), omit subsection 310(6).

(6) Schedule 5, item 8, page 137 (line 1), omit paragraph 310B(1)(c).

(7) Schedule 5, item 8, page 137 (lines 30 to 33), omit subsection 310B(4) (including the heading).

(8) Schedule 5, item 8, page 138 (lines 1 to 3), omit subsection 310B(5).

(11) Schedule 6, item 4, page 162 (line 29 to 32), omit note 3.

(12) Schedule 7, heading, page 169 (lines 1 to 2), omit "Administrative assistance funding and election", substitute "Election".

_____

SHEET 3299

(1) Clause 2, page 2 (after table item 13); insert:

(2) Page 205 (after line 19), after Schedule 9, insert:

Schedule 9A — Voter identification

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

proof of identity document has the meaning given by section 4AB.

2 After section 4AA

Insert:

4AB Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

3 After paragraph 200DG(1)(a)

Insert:

(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and

(ab) the voting officer is reasonably satisfied of the identity of the voter; and

4 Paragraph 200DG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);

(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or

5 Paragraph 200DG(2)(c)

Repeal the paragraph, substitute:

(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or

6 At the end of section 200DG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

7 Section 200DI

Repeal the section, substitute:

200DI Establishing voter's identity

(1) A voting officer must:

(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(6) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

8 At the end of subsection 200DJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

9 At the end of subsection 202AB(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

10 At the end of subsection 202AB(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

11 Subsection 221(3)

Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".

12 At the end of subsection 227(3)

Add:

Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.

13 Section 229 (heading)

Repeal the heading, substitute:

229 Establishing voter's identity etc.

14 Subsections 229(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4C) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

15 Paragraphs 229(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or

(b) either:

(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

16 At the end of section 229 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.

17 Paragraph 231(1)(a)

Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".

18 At the end of subsection 231(1)

Add:

Note: Section 235 deals with provisional votes.

19 Paragraph 235(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

20 Application provision

The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.

Referendum (Machinery Provisions) Act 1984

21 Subsection 3(1)

Insert:

proof of identity document has the meaning given by section 3AA.

22 After section 3

Insert:

3AA Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

23 Section 30 (heading)

Repeal the heading, substitute:

30 Establishing voter's identity etc.

24 Subsections 30(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;

(b) answers by the person to questions (if any) asked under section 229 of that Act.

(4B) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4D) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

25 Paragraphs 30(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or

(b) either:

(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

26 At the end of section 30 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.

27 Section 31

Repeal the section.

28 Paragraph 33(1)(a)

Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".

29 At the end of subsection 33(1)

Add:

Note: Section 37 deals with provisional votes.

30 Paragraph 37(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

31 At the end of subsection 51(3)

Add:

Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.

32 After paragraph 73CG(1)(a)

Insert:

(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and

(ab) a voting officer is reasonably satisfied of the identity of the voter; and

33 Paragraph 73CG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);

(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or

34 Paragraph 73CG(2)(c)

Repeal the paragraph, substitute:

(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or

35 At the end of section 73CG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

36 Section 73CI

Repeal the section, substitute:

73CI Establishing voter's identity

(1) A voting officer must:

(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;

(b) answers by the person to questions (if any) asked under section 200DI of that Act.

(5) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(7) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

37 At the end of subsection 73CJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

38 At the end of subsection 73M(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

39 At the end of subsection 73M(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

40 Application provision

The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.

_____

SHEET 3307

(1) Clause 2, page 2 (after table item 5), insert:

(2) Page 129 (after line 8), after Schedule 4, insert:

Schedule 4A — Pre-poll voting period

Commonwealth Electoral Act 1918

1 Subsection 200BA(1AA)

Omit "12 days before polling day", substitute "7 days before polling day".

Referendum (Machinery Provisions) Act 1984

2 Subsection 73AA(1AA)

Repeal the subsection, substitute:

(1AA) The day, or the earliest of the days, declared under paragraph (1)(b) must not be earlier than the day that is 7 days before the voting day for the referendum.

_____

SHEET 3308

(1) Clause 2, page 2 (after table item 7), insert:

(2) Page 158 (after line 5), after Schedule 5, insert:

Schedule 5A — Postal voting

Commonwealth Electoral Act 1918

1 After subsection 195A(2)

Insert:

(2A) If the date of receipt is a date after the Friday immediately preceding polling day, the DRO or officer must:

(a) immediately cancel the postal ballot paper or papers contained in the envelope; and

(b) write "discarded postal ballot paper or papers" on the back of the envelope; and

(c) sign the envelope.

(2B) The envelopes containing discarded postal ballot papers that have been cancelled under subsection (2A) must be bundled up and given to the DRO for the Division after the close of the poll.

2 Subsection 195A(5)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

3 Subsection 195A(6)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

Referendum (Machinery Provisions) Act 1984

4 After subsection 67(2)

Insert:

(2A) If the date of receipt is a date after the Friday immediately preceding polling day, the DRO or officer must:

(a) immediately cancel the postal ballot paper or papers contained in the envelope; and

(b) write "discarded postal ballot paper or papers" on the back of the envelope; and

(c) sign the envelope.

(2B) The envelopes containing discarded postal ballot papers that have been cancelled under subsection (2A) must be bundled up and given to the DRO for the Division after the close of the poll.

5 Subsection 67(5)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

6 Subsection 67(6)

Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".

_____

SHEET 3310

(1) Clause 2, page 2 (after table item 11), insert:

(2) Page 191 (after line 6), after Schedule 8, insert:

Schedule 8A — Amendments to electoral offences relating to how-to-vote cards

Commonwealth Electoral Act 1918

1 Subsection 335(1)

Repeal the subsection, substitute:

(1) A person shall not, except for the purposes of section 234, exhibit or leave in any polling booth:

(a) a how-to-vote card; or

(b) any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting;

unless the how-to-vote card or the card or paper is exhibited on the wall of the polling booth directly facing one or more entrances to the booth.

Penalty: 5 penalty units.

2 After subsection 340(1A)

Insert:

(1B) A person commits an offence if:

(a) the person engages in any of the following activities:

(i) distributing how-to-vote cards;

(ii) distributing card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting;

(b) the activity is engaged in at an entrance to, or in any place (whether public or private) within 500 meters of an entrance to:

(i) a polling booth at which voting in the election is taking place; or

(ii) a pre-poll voting office at which applications for pre-poll voters may be made, or pre-poll ordinary voting is available, for the election; and

(c) the activity is engaged in:

(i) in relation to a polling booth—on polling day or on a day to which the polling is adjourned for the election; or

(ii) in relation to a pre-poll voting office—at any time during which applications for pre-poll votes may be made, or pre-poll ordinary voting is available, at the office.

Penalty: 5 penalty units.

3 Subsection 340(2)

Omit "or (1A)(ba)", substitute ", (1A)(ba) or (1B)(c)".

Referendum (Machinery Provisions) Act 1984

4 Subsection 126(1)

Repeal the subsection, substitute:

(1) A person shall not, except for the purposes of section 36, exhibit or leave in any polling booth any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting unless the card or paper is exhibited on the wall of the polling booth directly facing one or more entrances to the booth.

Penalty: 5 penalty units.

5 After subsection 131(1A)

Insert:

(1B) A person commits an offence if:

(a) the person distributes card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting; and

(b) the activity mentioned in paragraph (a) is engaged in at an entrance to, or in any place (whether public or private) within 500 meters of an entrance to:

(i) a polling booth at which voting in the referendum is taking place; or

(ii) a pre-poll voting office at which applications for pre-poll voters may be made, or pre-poll ordinary voting is available, for the referendum; and

(c) the activity mentioned in paragraph (a) is engaged in:

(i) in relation to a polling booth—on polling day or on a day to which the polling is adjourned for the referendum; or

(ii) in relation to a pre-poll voting office—at any time during which applications for pre-poll votes may be made, or pre-poll ordinary voting is available, at the office.

Penalty: 5 penalty units.

6 Subsection 131(2)

Omit "(1A)(ba)", substitute "(1A)(ba) or (1B)(c)".

Fatima Payman (WA, Independent) Share this | Link to this | Hansard source

by leave—I request to have my support recorded in the Journals for the amendments on sheet 3309.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question is that Senator Thorpe's amendment on sheet 3200 be agreed to.

Senator Thorpe's circulated amendment—

(1) Clause 1, page 1 (lines 6 and 7), omit "Electoral Reform", substitute "Sham Democracy".

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question now is that the Jacqui Lambie Network amendments on sheets 3198 and 3317 be agreed to.

Jacqui Lambie Network 's circulated amendments—

SHEET 3198

(1) Clause 1, page 1 (lines 6 and 7), omit "Electoral Reform", substitute "Snouts in the Trough".

_____

SHEET 3317

(1) Page 94 (after line 28), after Schedule 3, insert:

Schedule 3A — Prohibiting donations from gambling, liquor and tobacco industries

Commonwealth Electoral Act 1918

1 Before Division 5B of Part XX

Insert:

Division 5AA — Prohibited donations

314AGA Definitions

In this Division:

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;

(c) a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20%, or the spouse of such a person;

(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).

electoral expenditure has the same meaning as in Division 5.

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).

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

(c) a tobacco industry business entity.

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;

(c) a gift made to or for the benefit of a candidate (including a 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:

(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

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

(c) a tobacco industry business entity.

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.

(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 Offences — prohibited donations

(1) A person (the defendant) commits an offence if:

(a) the defendant is a relevant donor; and

(b) the defendant makes a gift; and

(c) the gift is a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(2) A person (the defendant) commits an offence if:

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

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

(c) the gift is a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(3) A person (the defendant) commits an offence 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

(c) the gift is a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(4) A person (the defendant) commits an offence if:

(a) the defendant is a relevant donor; and

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

(c) the gift is, or would be, a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(5) A person (the defendant) commits an offence 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

(c) the donor is a relevant donor; and

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

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

Fault element

(6) The fault element for the following paragraphs is knowledge by the defendant:

(a) paragraphs (1)(a) and (c);

(b) paragraphs (2)(b) and (c);

(c) paragraphs (3)(b) and (c);

(d) paragraphs (4)(a) and (c);

(e) paragraphs (5)(c) and (d).

Civil penalty

(7) A person is liable to a civil penalty if the person contravenes any of subsections (1) to (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.

314AGF Offence — scheme to circumvent prohibitions

(1) A person commits an offence 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 Division.

Penalty: Imprisonment for 2 years.

(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 Division 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.

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; or

(b) in proceedings for an offence against section 314AGE or 314AGF—the prosecution.

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.

2 Subsection 315A(1)

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

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question now is that the Australia's Voice amendments on sheets 3187 and 3266 be agreed to.

Australia's Voice 's circulated amendments—

SHEET 3187

(1) Clause 1, page 1 (lines 6 and 7), omit "Electoral Reform", substitute "Compromising Our Rightful Representation and Undermining Political Trust".

_____

SHEET 3266

(1) Clause 2, page 3 (table item 14), omit "10 and 11", substitute "10, 11 and 12".

(2) Page 221 (after line 29), at the end of the Bill, add:

Schedule 12 — Ceasing allowances for former members

Parliamentary Business Resources Act 2017

1 Paragraph 3(2)(a)

Repeal the paragraph.

2 Paragraph 3(2)(aa)

Omit "in recognition that the resources mentioned in paragraph (a) will not be provided".

3 Section 13

Omit "A former member may be paid allowances and expenses relating to ceasing to be a member, as determined by the Remuneration Tribunal.".

4 Section 15 (heading)

Omit "former members and".

5 Subsection 15(1)

Repeal the subsection.

6 Subsection 15(2)

Omit "(2)".

7 Subsection 15(2)

Omit "in recognition that allowances are not payable to such persons under subsection (1) of this section".

8 Section 46

Repeal the section.

9 Subsection 46A(1)

Omit "(1)".

10 Subsections 46A(2) and (3)

Repeal the subsections.

11 Application and transitional provision

(1) The amendments of the Parliamentary Business Resources Act 2017 made by this Schedule apply in relation to a person who is a former member if the person ceases to be a member on or after the commencement of this item.

(2) Despite the repeal of subsection 15(1) and section 46 of the Parliamentary Business Resources Act 2017 by this Schedule, Part 4 of the Remuneration Tribunal (Members of Parliament) Determination 2024, as in force before the commencement of this item, continues to apply on and after that commencement to a person who is a former member if the person ceases to be a member before that commencement.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I will now deal with amendments circulated by Senator David Pocock. As the amendments on sheet 3248 were consequential on a motion to divide the bill that was negatived earlier today, I will not put the question on those amendments. The question before the committee is that Senator Pocock's amendments on sheets 3158 and 3199 be agreed to.

Senator David Pocock's circulated amendments—

SHEET 3158

(1) Clause 2, page 2 (after table item 13), insert:

(2) Page 205 (after line 19), after Schedule 9, insert:

Schedule 9A — Fair territory representation

Commonwealth Electoral Act 1918

1 Subsections 40(1) to (3)

Repeal the subsections, substitute:

(1) The Australian Capital Territory and the Northern Territory are each to be represented in the Senate by senators for the Territory directly chosen by the people of the Territory voting as one electorate.

(2) The number of senators for each of these Territories is to be half of the number of senators for a State (rounded up or down to the nearest whole number (rounding up if the number ends in .5)).

2 Sections 42 and 43

Repeal the sections, substitute:

42 Term of service of a senator for a Territory

(1) Section 13 of the Constitution applies in relation to a senator for the Australian Capital Territory or the Northern Territory as if:

(a) a reference in that section to a State included a reference to the Territory; and

(b) a reference in that section to:

(i) when the Senate first meets; or

(ii) the first election;

included a reference to the first Senate election held after the commencement of this subsection.

(2) The term of service of a senator for any other Territory:

(a) commences on the day of the senator's election; and

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

43 Times of elections of senators for Territories

(1) The times of elections of the senators for the Australian Capital Territory or the Northern Territory are to be determined in a corresponding way to the way determined for the senators for a State.

(2) An election of the senators for any other Territory is to be held at the same time as each general election.

3 Application of amendments

Subsection 40(2) of the Commonwealth Electoral Act 1918 (as inserted by this Schedule) applies for, and on and after, the first Senate election held after the commencement of this Schedule.

_____

SHEET 3199

(1) Clause 1, page 1 (lines 6 and 7), omit "Electoral Reform", substitute "Reducing Electoral Competition to Stitch-up Major Party Duopoly".

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by the United Australia Party. We're on sheet 3189 on amendments (12), (25) and (28) and on sheet 3192 on amendments (3) and (5). The first question is that the following elements of the bill stand as printed: in schedule 5, section 310M in item 8; in schedule 6, items 5 to 11; in schedule 8, items 3 and 4; and schedule 4.

The United Australia Party opposed schedule 4 , schedule 5, schedule 6 and schedule 8 in the following terms—

SHEET 3189

(12) Schedule 4, page 95 (line 1) to page 129 (line 8), to be opposed.

(25) Schedule 5, item 8, page 152 (line 1) to page 153 (line 18), section 310M to be opposed.

(28) Schedule 8, item 3, page 189 (lines 15 to 18), to be opposed.

____

SHEET 3192

(3) Schedule 6, items 5 to 11, page 167 (line 8) to page 168 (line 4), to be opposed.

(5) Schedule 8, page 189 (lines 19 to 22), item 4 to be opposed.

Question agreed to.

We now come to sheets 3188, 3189, 3192 and 3218. The question now is that the remaining United Australia Party amendments on sheets 3189 and 3192 and the amendments on sheets 3188 and 3218 be agreed to.

United Australia Party's circulated amendments—

SHEET 3188

(1) Schedule 3, item 2, page 75 (after line 14), after subsection 302BA(3), insert:

(3A) Subsections (1) to (3) are subject to Subdivision AD (gifts that do not exceed gift caps).

(2) Schedule 3, item 2, page 87 (after line 31), after subsection 302CI(3), insert:

(3A) Subsections (2) and (3) are subject to Subdivision AD (gifts that do not exceed gift caps).

(3) Schedule 3, item 2, page 89 (after line 32), after subsection 302CJ(4), insert:

(4A) Subsections (3) and (4) are subject to Subdivision AD (gifts that do not exceed gift caps).

(4) Schedule 3, item 5, page 91 (after line 12), after Subdivision AC, insert:

Subdivision AD — Gifts that do not exceed gift caps

302CL Definitions

In this Subdivision:

electoral cycle means a period:

(a) beginning on the day on which the writs for a general election are issued; and

(b) ending immediately before the day on which the writs for the next general election are issued.

Government party means a registered political party that:

(a) forms part of the Government; or

(b) if the House of Representatives is expired or dissolved—formed part of the Government immediately before the expiration or dissolution.

maximum gift amount, on a day, means the amount that is the greater of the following:

(a) the sum of the amounts or values of all of the annual gifts, by-election gifts and Senate-only election gifts made to every Government party during the period:

(i) beginning when the writs for the most recent general election were issued; and

(ii) ending at the end of that day;

(b) the sum of the amounts or values of all of the annual gifts, by-election gifts and Senate-only election gifts made to every Opposition party during the period:

(i) beginning when the writs for the most recent general election were issued; and

(ii) ending at the end of that day.

Opposition party means a registered political party that:

(a) forms part of the Opposition; or

(b) if the House of Representatives is expired or dissolved—formed part of the Opposition immediately before the expiration or dissolution.

302CM When a gift does not exceed a gift cap

(1) For the purposes of this Division, and despite anything in Subdivision AA, AB or AC:

(a) an annual gift to which subsection (2) applies does not:

(i) exceed the annual gift cap; or

(ii) exceed the overall gift cap; or

(iii) exceed the State and Territory gift cap; and

(b) a by-election gift to which subsection (2) applies does not exceed the by-election gift cap; and

(c) a Senate-only election gift to which subsection (2) applies does not exceed the Senate-only election gift cap.

(2) This subsection applies to an annual gift, a by-election gift or a Senate-only election gift if:

(a) the gift is made to a person or entity (the recipient) mentioned in column 1 of an item in the following table on a day during an electoral cycle; and

(b) neither of the following applies:

(i) the amount or value of the gift is more than the maximum gift amount on that day;

(ii) the amount or value of the gift, when added to the amount or value of each previous annual gift, by-election gift and Senate-only election gift (if any) made during the same electoral cycle to the person or entity (the receiving party) mentioned in column 2 of that item, results in an amount or value that is more than the maximum gift amount on that day.

_____

SHEET 3189

(1) Clause 2, page 2 (table item 5, column 1), omit "2 to 4", substitute "2 and 3".

(2) Schedule 1, item 8, page 8 (lines 23 to 28), omit the paragraph beginning "Broadly, political entities".

(3) Schedule 1, item 8, page 8 (lines 29 to 31), omit the paragraph beginning "There are also caps".

(4) Schedule 1, item 8, page 8 (line 32), omit "The caps are indexed each year.".

(5) Schedule 1, item 9, page 10 (lines 12 and 13), omit the definition of core member in subsection 287(1).

(6) Schedule 1, item 11, page 10 (lines 20 and 21), omit the definition of expenditure group in subsection 287(1).

(7) Schedule 1, item 17, page 13 (lines 17 to 18), omit ", and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB)".

(8) Schedule 1, item 18, page 14 (lines 33 to 36), omit paragraph 287AAB(3)(g).

(9) Schedule 1, item 18, page 15 (lines 13 to 22), omit paragraph 287AAB(3)(m), substitute:

(m) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between an associated entity and any branch of the associated entity;

(10) Schedule 1, item 18, page 15 (lines 32 to 37), omit paragraph 287AAB(3)(o).

(11) Schedule 1, item 20, page 18 (lines 6 to 8), omit paragraph 287AB(4)(b).

(13) Schedule 5, item 8, page 131 (line 27), omit the definition of by-election period in section 308, substitute:

by-election period, for a by-election, means the period:

(a) beginning on the day the writs for the by-election are issued; and

(b) ending on the polling day for the by-election.

(14) Schedule 5, item 8, page 132 (lines 1 and 2), omit the definition of Senate-only election period in section 308, substitute:

Senate-only election period, for a Senate-only election, means the period:

(a) beginning on the day the writs for the election are issued; and

(b) ending on the polling day for the election.

(15) Schedule 5, item 8, page 132 (line 3), omit the definition of targeted in section 308.

(16) Schedule 5, item 8, page 133 (lines 21 and 22), omit ", together with the details required by section 310M".

(17) Schedule 5, item 8, page 135 (lines 29 and 30), omit ", together with the details required by section 310M".

(18) Schedule 5, item 8, page 137 (lines 22 and 23), omit ", together with the details required by section 310M".

(19) Schedule 5, item 8, page 139 (lines 19 and 20), omit ", together with the details required by section 310M".

(20) Schedule 5, item 8, page 142 (lines 24 and 25), omit ", together with the details required by section 310M".

(21) Schedule 5, item 8, page 144 (lines 20 and 21), omit ", together with the details required by section 310M".

(22) Schedule 5, item 8, page 145 (lines 28 and 29), omit ", together with the details required by section 310M".

(23) Schedule 5, item 8, page 147 (lines 28 and 29), omit ", together with the details required by section 310M".

(24) Schedule 5, item 8, page 149 (lines 17 and 18), omit ", together with the details required by section 310M".

(26) Schedule 6, item 4, page 162 (lines 12 to 14), omit paragraph 292FA(5)(e).

(27) Schedule 7, item 2, page 170 (line 40), omit "and counts towards the expenditure caps in Division 3AB".

(29) Schedule 9, item 10, page 202 (lines 15 and 16), omit subparagraph 314AS(1)(b)(ii).

(30) Schedule 9, item 10, page 203 (lines 26 and 27), omit subparagraph 314AT(1)(b)(ii).

_____

SHEET 3192

(1) Schedule 1, item 8, page 8 (lines 12 to 19), omit all the words from and including "Registered" to and including "election).".

(2) Schedule 6, item 4, page 161 (lines 11 to 18), omit subsection 292FA(3).

(4) Schedule 7, page 169 (line 1) to page 188 (line 29), omit the Schedule, substitute:

Schedule 7 — Abolishing public funding

Commonwealth Electoral Act 1918

1 Part XX (heading)

Omit "Election funding and financial", substitute "Financial".

2 Section 286A

Omit:

Registered political parties, candidates and groups may be entitled to election funding. The election funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election.

3 Subsection 287(1) (definition of gift )

Omit paragraph (a).

4 Paragraph 287AB(1)(a)

Omit "(except under Division 3 (election funding))".

5 Paragraph 287AB(3)

Omit "(except under Division 3 (election funding))".

6 Section 287V (paragraph beginning "The agents")

Omit "The agents are responsible for making claims for election funding under Division 3."

7 Division 3 of Part XX

Omit the Division.

8 Section 315

Omit the section, substitute:

315 Requirement to refund payments

If:

(a) a person is convicted of an offence under section 137.1 of the Criminal Code in relation to the giving of a return or the making of a claim under this Part; or

(b) a civil penalty order is made against a person in relation to a contravention of a civil penalty provision in this Part;

a court of competent jurisdiction may, in addition to imposing a penalty under section 137.1 or making the civil penalty order, order the person to refund to the Commonwealth the amount or value of any gift made in contravention of this Part.

9 Subsection 315A

Omit "section 299 or 302Q or subsection 301(3)", substitute "section 302Q".

10 Subsection 320(1) (table items 1 to 3)

Omit the table items.

11 Section 321 (definition of relevant amount )

Omit the definition, substitute:

relevant amount means an amount specified in the definition of group amount in subsection 287(1).

12 Paragraph 321(6)(b)

Omit the paragraph, substitute:

(b) a relevant amount.

13 Transitional rules

Schedule 11 to this Act (which deals with transitional rules) does not apply to an amendment or repeal made by this Schedule.

_____

SHEET 3218

(1) Clause 2, page 2 (after table item 13), insert:

(2) Page 205 (after line 19), after Schedule 9, insert:

Schedule 9A — Voter identification

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

proof of identity document has the meaning given by section 4AB.

2 After section 4AA

Insert:

4AB Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

3 After paragraph 200DG(1)(a)

Insert:

(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and

(ab) the voting officer is reasonably satisfied of the identity of the voter; and

4 Paragraph 200DG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);

(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or

5 Paragraph 200DG(2)(c)

Repeal the paragraph, substitute:

(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or

6 At the end of section 200DG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

7 Section 200DI

Repeal the section, substitute:

200DI Establishing voter's identity

(1) A voting officer must:

(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(6) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

8 At the end of subsection 200DJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

9 At the end of subsection 202AB(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

10 At the end of subsection 202AB(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

11 Subsection 221(3)

Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".

12 At the end of subsection 227(3)

Add:

Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.

13 Section 229 (heading)

Repeal the heading, substitute:

229 Establishing voter's identity etc.

14 Subsections 229(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4C) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

15 Paragraphs 229(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or

(b) either:

(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

16 At the end of section 229 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.

17 Paragraph 231(1)(a)

Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".

18 At the end of subsection 231(1)

Add:

Note: Section 235 deals with provisional votes.

19 Paragraph 235(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

20 Application provision

The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.

Referendum (Machinery Provisions) Act 1984

21 Subsection 3(1)

Insert:

proof of identity document has the meaning given by section 3AA.

22 After section 3

Insert:

3AA Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

23 Section 30 (heading)

Repeal the heading, substitute:

30 Establishing voter's identity etc.

24 Subsections 30(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;

(b) answers by the person to questions (if any) asked under section 229 of that Act.

(4B) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4D) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

25 Paragraphs 30(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or

(b) either:

(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

26 At the end of section 30 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.

27 Section 31

Repeal the section.

28 Paragraph 33(1)(a)

Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".

29 At the end of subsection 33(1)

Add:

Note: Section 37 deals with provisional votes.

30 Paragraph 37(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

31 At the end of subsection 51(3)

Add:

Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.

32 After paragraph 73CG(1)(a)

Insert:

(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and

(ab) a voting officer is reasonably satisfied of the identity of the voter; and

33 Paragraph 73CG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);

(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or

34 Paragraph 73CG(2)(c)

Repeal the paragraph, substitute:

(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or

35 At the end of section 73CG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

36 Section 73CI

Repeal the section, substitute:

73CI Establishing voter's identity

(1) A voting officer must:

(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;

(b) answers by the person to questions (if any) asked under section 200DI of that Act.

(5) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(7) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

37 At the end of subsection 73CJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

38 At the end of subsection 73M(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

39 At the end of subsection 73M(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

40 Application provision

The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.

41 Transitional rules

Schedule 11 to this Act (which deals with transitional rules) does not apply to an amendment or repeal made by this Schedule.

Question negatived.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

by leave—I'd like to have my vote changed for 3218. I'd like to be in favour of that.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

I will now deal with amendments and requests for amendments circulated by Senator Rennick's People First Party. We're on sheets 3190, 3196 and 3197. The question is that Senator Rennick's People First Party's amendments on sheets 3190 and 3197 and requests for amendments on sheet 3196 be agreed to.

People First Party 's circulated amendments—

SHEET 3190

(1) Clause 2, page 2 (after table item 13), insert:

(2) Page 205 (after line 19), after Schedule 9, insert:

Schedule 9A — Voter identification

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

proof of identity document has the meaning given by section 4AB.

2 After section 4AA

Insert:

4AB Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

3 After paragraph 200DG(1)(a)

Insert:

(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and

(ab) the voting officer is reasonably satisfied of the identity of the voter; and

4 Paragraph 200DG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);

(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or

5 Paragraph 200DG(2)(c)

Repeal the paragraph, substitute:

(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or

6 At the end of section 200DG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

7 Section 200DI

Repeal the section, substitute:

200DI Establishing voter's identity

(1) A voting officer must:

(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(6) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

8 At the end of subsection 200DJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

9 At the end of subsection 202AB(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

10 At the end of subsection 202AB(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

11 Subsection 221(3)

Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".

12 At the end of subsection 227(3)

Add:

Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.

13 Section 229 (heading)

Repeal the heading, substitute:

229 Establishing voter's identity etc.

14 Subsections 229(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4C) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).

Note: Section 336 deals with signing an approved form.

15 Paragraphs 229(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or

(b) either:

(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

16 At the end of section 229 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.

17 Paragraph 231(1)(a)

Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".

18 At the end of subsection 231(1)

Add:

Note: Section 235 deals with provisional votes.

19 Paragraph 235(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

20 Application provision

The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.

Referendum (Machinery Provisions) Act 1984

21 Subsection 3(1)

Insert:

proof of identity document has the meaning given by section 3AA.

22 After section 3

Insert:

3AA Definition of proof of identity document

A proof of identity document is any of the following (including any of the following in electronic form):

(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;

(b) a current Australian passport;

(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;

(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;

(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007;

(f) a current identification card (however described) issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;

(h) either:

(i) a current credit card or debit card issued by an Australian financial institution; or

(ii) an account statement issued by an Australian financial institution in the last 12 months;

(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;

(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;

(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:

(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or

(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993.

Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.

Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.

23 Section 30 (heading)

Repeal the heading, substitute:

30 Establishing voter's identity etc.

24 Subsections 30(1) to (4)

Repeal the subsections, substitute:

(1) The presiding officer or a polling official must:

(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.

(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;

(b) answers by the person to questions (if any) asked under section 229 of that Act.

(4B) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.

(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(4D) The presiding officer or a polling official must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

25 Paragraphs 30(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) any of the following apply:

(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);

(ii) the person refuses to answer fully any question the person is asked under subsection (2);

(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or

(b) either:

(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or

(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.

26 At the end of section 30 (after the note)

Add:

(6) If:

(a) paragraph (5)(a) or (b) applies in relation to the person; and

(b) the person is not claiming to vote as an absent voter;

the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.

27 Section 31

Repeal the section.

28 Paragraph 33(1)(a)

Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".

29 At the end of subsection 33(1)

Add:

Note: Section 37 deals with provisional votes.

30 Paragraph 37(1)(c)

Repeal the paragraph, substitute:

(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or

31 At the end of subsection 51(3)

Add:

Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.

32 After paragraph 73CG(1)(a)

Insert:

(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and

(ab) a voting officer is reasonably satisfied of the identity of the voter; and

33 Paragraph 73CG(2)(b)

Repeal the paragraph, substitute:

(a) any of the following apply:

(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);

(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);

(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or

34 Paragraph 73CG(2)(c)

Repeal the paragraph, substitute:

(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or

35 At the end of section 73CG

Add:

(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.

36 Section 73CI

Repeal the section, substitute:

73CI Establishing voter's identity

(1) A voting officer must:

(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and

(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).

(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.

(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.

(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:

(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;

(b) answers by the person to questions (if any) asked under section 200DI of that Act.

(5) A request made of a person (the voter) under paragraph (1)(a) is satisfied if:

(a) the voter produces to the voting officer a proof of identity document for the voter; or

(b) all of the following apply:

(i) another person (the attester) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);

(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;

(iii) the attester and the voter sign the approved form in the presence of the voting officer.

(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:

(a) it is issued by or on behalf of:

(i) the Commonwealth or a State or Territory; or

(ii) an authority of the Commonwealth or of a State or Territory;

(b) it contains the attester's name and place of living.

(7) A voting officer must not:

(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or

(b) electronically scan a proof of identity document produced by a person under this section; or

(c) make a record (including an electronic record) of:

(i) the kind of proof of identity document produced by a person under this section; or

(ii) any information contained in a proof of identity document produced by a person under this section; or

(d) retain a proof of identity document produced by a person under this section.

(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).

Note: Section 127 deals with signing an approved form.

37 At the end of subsection 73CJ(1)

Add:

Note: Division 4 deals with pre-poll declaration votes.

38 At the end of subsection 73M(1)

Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".

39 At the end of subsection 73M(1A)

Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".

40 Application provision

The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.

_____

SHEET 3196

(1) Schedule 1, item 8, page 8 (line 14), omit "at least 4%", substitute "at least 1%".

(2) Schedule 7, page 188 (after line 29), at the end of the Schedule, add:

Part 4 — Lowering election funding threshold

Commonwealth Electoral Act 1918

12 Subparagraphs 173(1)(a)(i) and (ii)

Omit "at least 4%", substitute "at least 1%".

13 Paragraph 173(b)

Omit "at least 4%", substitute "at least 1%".

14 Section 292G (paragraph beginning "Election funding")

Omit "at least 4%", substitute "at least 1%".

15 Paragraphs 293(1)(a) and (b)

Omit "at least 4%", substitute "at least 1%".

16 Paragraph 294(1)(b)

Omit "at least 4%", substitute "at least 1%".

17 Paragraph 295(1)(b)

Omit "at least 4%", substitute "at least 1%".

_____

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (2)

Amendment (2) is framed as a request because it lowers the threshold of formal first preference votes needed for registered political parties, candidates and groups to receive election funding under Division 3 of Part XX of the Commonwealth Electoral Act 1918 from 4% to 1%.

As the amendment would increase the number of registered political parties, candidates and groups that would be eligible to receive election funding, the amendment will increase expenditure under the standing appropriation in section 302 of the Commonwealth Electoral Act 1918.

Amendment (1)

Amendment (1) is consequential to amendment (2).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment 2

If the effect of the amendment is to increase expenditure under the standing appropriation in section 302 of the Commonwealth Electoral Act 1918 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendment (1)

This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

_____

SHEET 3197

(1) Clause 2, page 2 (after table item 5), insert:

(2) Page 129 (after line 8), after Schedule 4, insert:

Schedule 4A — Pre-poll voting period

Commonwealth Electoral Act 1918

1 Subsection 200BA(1AA)

Omit "12 days before polling day", substitute "3 days before polling day".

Referendum (Machinery Provisions) Act 1984

2 Subsection 73AA(1AA)

Repeal the subsection, substitute:

(1AA) The day, or the earliest of the days, declared under paragraph (1)(b) must not be earlier than the day that is 3 days before the voting day for the referendum.

Question negatived.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

by leave—Can I have my vote recorded as in favour of 3197 and 3190.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

by leave—I record my support for 3196.

Fatima Payman (WA, Independent) Share this | Link to this | Hansard source

by leave—Can I have my support recorded for 3196.