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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Electoral Amendment Bill 2014 (No 2)
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Electoral Amendment Act 2014 (No 2)
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
4 Offences against
Act—application of Criminal Code etc
Section 3A, note 1
omit
• s 205A (Financial representatives to keep ACT election accounts)
• s 205B (Offence—loans to be repaid from ACT election accounts)
• s 205C (Financial representative to ensure electoral expenditure paid from ACT election account)
• s 205J (Offence—give indirect gift to avoid statutory limit)
5 Definitions for pt
14
Section 198, new definition of Australian government
body
insert
Australian government body means—
(a) a government agency; or
(b) a Commonwealth, State or local government (another Australian government); or
(c) an authority of another Australian government; or
(d) a corporation in which another Australian government has a controlling interest.
Note 1 Government agency—see the dictionary.
Note 2 State includes the Northern Territory (see Legislation Act
, dict, pt 1).
6 Section 198, definition of party grouping, paragraphs (c) and (d)
omit
7 Section 198, definition of third-party campaigner, paragraph (a)
omit
more than $1 000
substitute
$1 000 or more
8 Section 198, definition of third-party campaigner, paragraph (b) (i)
after
MLA,
insert
associated entity,
9 Section 198, definition of third-party campaigner, paragraph (b) (iv)
substitute
(iv) an Australian government body;
10 Disclosure periods
Section
201 (2), definition of disclosure day, paragraph (c)
omit
to which section 220 applies
11 Appointed agents
New
section 203 (2A)
insert
(2A) The appointment of a reporting agent by a party, MLA or candidate ends any other current appointment of a reporting agent by the entity.
12 Registers of reporting
agents
Section 205 (4), new note
insert
Note The appointment of a reporting agent ends any other current appointment of a reporting agent by the party, MLA or candidate (see s 203 (2A)).
13 ACT election
accounts
Division 14.2A
omit
14 Meaning of expenditure
cap—div 14.2B
Section 205D (a)
substitute
(a) for an election held in 2016—$40 000; or
15 New section 205D (2) and (3)
insert
(2) This section, as in effect immediately before the day the Electoral Amendment Act 2014 (No 2) commences, continues to apply until 31 December 2015.
(3) Subsection (2) and this subsection expire on 31 December 2015.
substitute
205G Limit on electoral expenditure—MLAs, associated entities, candidates and third-party campaigners
substitute
(a) a non-party MLA;
(aa) an associated entity;
18 Section 205G (4) (a) to (c)
substitute
(a) if the expender is a non-party candidate grouping—the non-party candidate; or
(b) for any other expender—the expender.
19 Limit on electoral
expenditure—third-party campaigner acting in concert with
others
Section 205H
omit
substitute
Division 14.2C Limit on payments within parties
omit
22 Limit on payments within
parties
Section 205K (2)
omit
pay into the ACT election account for the party
substitute
receive
23 Entitlement to
funds
Section 207 (2) (a)
substitute
(a) for an election held in the 6-month period beginning on 1 July 2016—$8; and
24 New section 207 (8) and (9)
insert
(8) This section, as in effect immediately before the day the Electoral Amendment Act 2014 (No 2) commences, continues to apply until 30 June 2016.
(9) Subsection (8) and this subsection expire on 30 June 2016.
25 Payments for administrative
expenditure not to be used for electoral expenditure
Section 215G
(1)
substitute
(1) If an amount is paid to a party or non-party MLA for administrative expenditure under this division, the party or non-party MLA must not use any part of the amount for electoral expenditure in relation to an ACT, federal, state or local government election.
omit
deposited or
27 Definitions—div
14.4
Section 216, new definition of anonymous gift
insert
anonymous gift means a gift made anonymously that is less than $1 000.
28 Section 216, definition of small anonymous gift
omit
29 Records and regular disclosure of
gifts
Section 216A (1) (b)
substitute
(b) a non-party MLA;
(ba) an associated entity;
after
each gift
insert
(other than free facilities use)
31 Section 216A (2) (c) and (d)
omit
a small anonymous gift
substitute
an anonymous gift
32 Section 216A (4), except note
substitute
(4) The financial representative of the receiver must give the return, in writing, to the commissioner not later than—
(a) for an ordinary election—if the total amount of the gifts received from the person reaches $1 000—
(i) in the quarter beginning on 1 April in the capped expenditure period—7 days after the end of the quarter; or
(ii) after 30 June in the capped expenditure period—7 days after the day the total amount received from the person reaches $1 000; or
(b) for an extraordinary election—if the total amount of the gifts received from the person reaches $1 000 in the capped expenditure period—7 days after the day the total amount received from the person reaches $1 000; or
(c) in any other case—30 days after the end of the quarter in which the total amount received from the person reaches $1 000.
Note 1 Quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year—see the Legislation Act
, dictionary, pt 1.
33 Section 216A (6), new definition of free facilities use
insert
free facilities use means a gift of the use of facilities for a routine meeting of a receiver and—
(a) includes use of a room and anything reasonably necessary for the conduct of the meeting in the room; but
(b) does not include any food, drink or other gift associated with the use of the facilities.
Examples—things reasonably necessary for conduct of meeting in room
tables, chairs, photocopier, microphone, computer
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
34 Section 216A (6), definition of relevant period, paragraph (a)
substitute
(a) for a party grouping, non-party MLA or associated entity—a financial year; and
35 Disclosure of gifts by third-party
campaigners
Section 220 (3) (c) and (d)
omit
a small anonymous gift
substitute
an anonymous gift
substitute
222 Restrictions on acceptance of gifts
omit
of a party or MLA
omit
a small anonymous gift
substitute
an anonymous gift
omit
small anonymous gifts
substitute
anonymous gifts
omit
a small anonymous gift
substitute
an anonymous gift
omit
small anonymous gifts
substitute
anonymous gifts
42 Returns of electoral
expenditure
Section 224 (2)
omit
or an associated entity of the MLA, the non-party MLA
substitute
, the reporting agent of the MLA
insert
(2A) If electoral expenditure in relation to an election is incurred in the capped expenditure period by an associated entity, the reporting agent of the entity must, within 60 days after polling day for the election, give the commissioner a return stating the details of the expenditure.
before
the candidate
insert
the reporting agent of
45 Annual returns by parties and
MLAs
Section 230 (1)
omit
July
substitute
August
after
debts
insert
claimed against or
after
capacity as an MLA
insert
or a Minister
after
an MLA
insert
or a Minister
substitute
231B Annual returns by associated entities
omit
July
substitute
August
51 Amounts received
Section
232 (2)
after
financial year
insert
that total $1 000 or more
omit
substitute
(4) For subsections (1) and (2), if the amount was received—
(a) as free facilities use, the return need only state—
(i) the defined particulars; and
(ii) for each free facilities use received—the date it was received; or
(b) as a loan, the return must state the information required by section 218A (2) (Certain loans not to be received).
(5) In this section:
free facilities use—see section 216A (6).
54 Copies of returns to be available
for public inspection
New section 243 (5)
after the note, insert
(5) However, if the commissioner makes a return available for public inspection by publishing the return, or the information in the return, and the return includes information about a gift made by an individual, the commissioner must not publish the individual’s home address other than—
(a) the suburb or postcode of the individual’s home address; or
(b) any post office box details.
Example—publishing
on the commission website
Note An example is part of the Act, is not exhaustive and may extend,
but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
substitute
243A Commissioner must publish certain information given under s 216A
after the note, insert
(3) However, if a gift was made by an individual, the commissioner must not publish the individual’s home address other than—
(a) the suburb or postcode of the individual’s home address; or
(b) any post office box details.
Note The individual’s private address details may, on request, be inspected at the commissioner’s office during ordinary business hours (see s 243).
insert
293A Exception for personal views on social media
(1) Section 292 does not apply to the dissemination of electoral matter by an individual if—
(a) the electoral matter—
(i) is disseminated on or through social media; and
(ii) forms part of the expression of the individual’s personal political views; and
(b) the individual is not paid to express those views.
Note The defendant has an evidential burden in relation to the matters mentioned in s (1) (see Criminal Code
, s 58).
(2) In this section:
social media means internet-based or mobile broadcasting-based technology or applications through which individuals can create and share content generated by the individual.
Examples
internet forums, blogs, wikis, text messaging, online or mobile broadcasting social networks
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
58 Ascertaining result of
poll
Schedule 4, clause 7 (3) (c)
substitute
(c) if 2 or more successful candidates (contemporary candidates) who obtained a quota at the earliest count have the same surplus, being a surplus larger than that of any other candidate who obtained a quota at the count and—
(i) 1 of the contemporary candidates had more total votes than any other contemporary candidate at the last count—that candidate is the relevant candidate; or
(ii) 2 or more contemporary candidates have the same total votes, being a total larger than that of any other contemporary candidate (a non-tied contemporary candidate) at the last count—each non-tied contemporary candidate is no longer considered under this clause and—
(A) subparagraph (i) and this subparagraph are applied to each preceding count until a relevant candidate is worked out; or
(B) if a relevant candidate cannot be worked out by applying subparagraph (i) and this subparagraph to the preceding count—the contemporary candidate who is determined by the commissioner by lot is the relevant candidate.
59 Schedule 4, clause 7 (4) (a)
omit
subclause (3) (c) (ii)
substitute
subclause (3) (c) (ii) (B)
substitute
(2) If 2 or more candidates each have the same total votes, being fewer total votes than any other candidate and—
(a) 1 of the candidates had fewer total votes than any other of the candidates at the last count—that candidate is excluded; or
(b) 2 or more of the candidates have the same total votes, being a total fewer than that of any other candidate (a non-tied candidate) at the last count—each non-tied candidate is no longer considered under this clause and—
(i) paragraph (a) and this paragraph are applied to each preceding count until 1 candidate is excluded; or
(ii) if 1 candidate cannot be excluded by applying paragraph (a) and this paragraph to the preceding count—the candidate who is determined by the commissioner by lot is excluded.
61 Schedule 4, clause 8 (3) (a)
omit
subclause (2) (b)
substitute
subclause (2) (b) (ii)
insert
• individual
63 Dictionary, definition of ACT election account
omit
64 Dictionary, new definitions
insert
anonymous gift, for division 14.4 (Gifts and certain loans—records and disclosure)—see section 216.
Australian government body, for part 14 (Election funding, expenditure and financial disclosure)—see section 198.
65 Dictionary, definition of small anonymous gift
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 27 November 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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