3 Act amended

This part amends the City of Brisbane Act 2010.

4 Amendment of s 92D (Prohibition on election material in caretaker period)

(1) Section 92D (1), after ‘The council’—insert—or a controlled entity of the council

(2) Section 92D (2) —insert— a fact sheet or newsletter that raises the profile of a councillor

(3) Section 92D —insert—

(4) In this section—
"control" means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.
"controlled entity", of the council, means an entity subject to the control of either or both of the following—

(a) the council;

(b) another entity subject to the control of the council.

5 Amendment of s 148 (Obstructing enforcement of this Act or local laws etc.)

Section 148 (3), ‘ chapter 5,’—

omit.

6 Amendment of s 162 (When a councillor’s office becomes vacant)

Section 162 (d) —

omit, insert—

(d) is absent, without the council’s leave, for 2 or more consecutive ordinary meetings of the council over at least 2 months, unless the councillor is absent while the councillor is suspended under section 186B; or

7 Replacement of ch 6, pt 2, div 5A (Dealing with councillors’ personal interests in council matters)

Chapter 6, part 2, division 5A —

omit, insert—

8 Amendment of s 178 (What this division is about)

Section 178 (3) (c), ‘177G(2)’—

omit, insert—

177T(2)

9 Amendment of s 214 (Decisions under this division are not subject to appeal)

Section 214, heading, ‘division’—

omit, insert—

part

10 Omission of s 224 (Types of offences under this Act)

Section 224 —

omit.

11 Replacement of s 226 (Decisions not subject to appeal)

Section 226 —

omit, insert—

226 Decisions not subject to appeal

(1) This section applies if a provision of this Act declares a decision to be not subject to appeal.

(2) Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision—

(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3) The Judicial Review Act 1991, part 5 applies to the decision to the extent it is affected by jurisdictional error.

(4) A person who, but for subsection (2), could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.

(5) In this section—
"decision" includes—

(a) conduct related to making the decision; and

(b) a failure to make a decision.

12 Insertion of new ch 8, pt 10

Chapter 8 —

insert—

13 Amendment of sch 1 (Serious integrity offences and integrity offences)

(1) Schedule 1, part 2, under heading ‘This Act’, entries for sections 177C (2), 177E (2) or (5), 177H and 177I (2) or (3) —omit.

(2) Schedule 1, part 2, under heading ‘This Act’—insert—

	s 177H	Councillor must not participate in decisions
	s 177I(2) or (3)	Obligation of councillor with prescribed conflict of interest
	s 177N(2) or (3)	Obligation of councillor with declarable conflict of interest
	s 177V	Offence to take retaliatory action
	s 177W(2)	Obligation of councillor with prescribed conflict of interest or declarable conflict of interest to influence others

(3) Schedule 1, part 2, under heading ‘ Local Government Electoral Act ’—insert—

	126(8)	Requirement for candidate to operate dedicated account
	127(8)	Requirement for group of candidates to operate dedicated account
	195(1)(b)	Offences about returns
	195(2)	Offences about returns
	195(3)	Offences about returns

14 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions
"conflict of interest",
"material personal interest",
"ordinary business matter",
"perceived conflict of interest" and
"real conflict of interest" —omit.

(2) Schedule 2 —insert—
"close associate", of a councillor, see section 177G.
"council meeting" means a meeting of—

(a) the council; or

(b) a committee of the council.

"declarable conflict of interest" see sections 177K and 177L.
"eligible councillor", for a matter at a meeting, means a councillor at the meeting who does not have a prescribed conflict of interest or declarable conflict of interest in the matter.
"executive officer", of an entity, means—

(a) if the entity has a board or management committee—each member of the board or committee; or

(b) each person, by whatever name called, who is concerned, or takes part, in the management of the entity.

"gift" includes—

(a) a gift under the Local Government Electoral Act 2011, section 107; and

(b) a gift that is required, under a regulation, to be recorded in a register of interests.

"interest" means a financial or other interest.
"loan" includes—

(a) a loan under the Local Government Electoral Act 2011, section 106; and

(b) a loan that is required, under a regulation, to be recorded in a register of interests.

"prescribed conflict of interest" see section 177D, 177E or 177F.
"related party", of a councillor, see section 177M.
"relevant term", for a councillor, means the councillor’s current term of office and—

(a) if the councillor held office for a term (the previous term) ending immediately before the current term—the previous term; or

(b) if paragraph (a) does not apply and the councillor was elected as councillor in the election occurring immediately before the councillor’s current term of office started, the period—

(i) starting on the day the councillor announced or otherwise publicly indicated an intention to be a candidate in the election; and

(ii) ending on the day immediately before the councillor’s current term of office started.

(3) Schedule 2, definition
"investigator", ‘ section 195 (2) ’—omit, insert—section 205(2)

(4) Schedule 2, definition
"major policy decision" —insert—

(e) relating to making or preparing an arrangement, list, plan or register in the way provided under a regulation made under this Act that can be used to establish an exception to obtaining quotes or tenders when entering into a contract; or

(f) to make, amend or repeal a local law; or

(g) to make, amend or repeal a local planning instrument under the Planning Act; or

(h) under the Planning Act, chapter 3, part 3, division 2 on a development application that includes a variation request under that Act; or

(i) under the Planning Act, chapter 3, part 5, division 2, subdivision 2 on a change application under that Act that is a change to a variation approval under that Act.

55 Act amended

This part amends the Local Government Act 2009.

56 Replacement of ch 2, pt 2, hdg (Divisions of local government areas)

Chapter 2, part 2, heading—

omit, insert—

57 Amendment of s 15 (Division of local government areas)

(1) Section 15, heading—omit, insert—

15 Number of councillors for divisions

(2) Section 15 (1), after ‘electors’—insert—for each councillor elected, or to be elected, for the division

(3) Section 15 (2), from ‘is the number’ to ‘plus’—omit, insert—for a councillor of a division is the number of electors that is worked out by dividing the total number of electors in the local government area (as nearly as can be found out) by the total number of councillors (other than the mayor) currently elected, or to be elected, for the local government, plus

(4) Section 15 (3) —omit, insert—

(3) When changing a division, including changing the number of councillors elected, or to be elected, for the division, the reasonable proportion of electors for a councillor of a division must be worked out as near as practicable to the time when the change is to happen.

58 Amendment of s 16 (Review of divisions of local government areas)

(1) Section 16, heading, ‘of local government areas’—omit, insert—and councillors

(2) Section 16 (a) —omit, insert—

(a) review whether each division of its local government area has a reasonable proportion of electors for each councillor elected for the division; and

59 Amendment of s 17 (What this part is about)

Section 17 (2) (c), after ‘government’—

insert—

or divisions of a local government area

60 Amendment of s 90D (Prohibition on election material in caretaker period)

(1) Section 90D (1), after ‘A local government’—insert—or a controlled entity of a local government

(2) Section 90D (2) —insert— a fact sheet or newsletter that raises the profile of a councillor

(3) Section 90D —insert—

(4) In this section—
"control" means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.
"controlled entity", of a local government, means an entity subject to the control of either or both of the following—

(a) the local government;

(b) another entity subject to the control of the local government.

61 Replacement of s 113 (What this part is about)

Section 113 —

omit, insert—

113 What this part is about

(1) The purpose of this part is to allow the Minister or the department’s chief executive, on behalf of the State—

(a) to gather information, including under a direction, to monitor and evaluate whether—

(i) a local government or councillor is performing their responsibilities properly; or

(ii) a local government or councillor is complying with laws applying to the local government or councillor, including the Local Government Acts; or

(iii) it is otherwise in the public interest for the Minister or the department’s chief executive to take remedial action under this part; and

(b) to take remedial action.

(2)
"Remedial action" is action to improve a local government’s or councillor’s performance or compliance, or that is in the public interest, taken under division 2A or 3.

62 Amendment of s 115 (Gathering information)

(1) Section 115, after ‘compliance,’—insert—or whether it is in the public interest to take remedial action in relation to the local government or councillor,

(2) Section 115 (b) —omit, insert—

(b) otherwise carry out an investigation into—

(i) the local government’s or councillor’s performance and compliance; or

(ii) whether it is in the public interest to take the remedial action.

63 Insertion of new ch 5, pt 1, div 2A, hdg

Chapter 5, part 1, after section 115 —

insert—

64 Replacement of s 116 (Acting on the information gathered)

Section 116 —

omit, insert—

116 Recommendation to Minister

(1) This section applies if the department’s chief executive believes—

(a) a local government or councillor is not performing their responsibilities properly; or

(b) a local government or councillor is not complying with laws applying to the local government or councillor, including the Local Government Acts; or

(c) it is otherwise in the public interest for the Minister to take remedial action.

(2) The department’s chief executive may make recommendations to the Minister about what remedial action to take.

(3) The Minister may take the remedial action the Minister considers appropriate in the circumstances.

(4) If the Minister takes remedial action, the Minister may publish the following information—

(a) the way in which the local government or councillor—

(i) is not performing their responsibilities properly; or

(ii) is not complying with laws applying to the local government or councillor, including the Local Government Acts;

(b) the reason it is in the public interest for the Minister to take remedial action;

(c) the remedial action the Minister has taken.

(5) The Minister may—

(a) publish the information in a newspaper circulating generally in the local government area; or

(b) direct the local government to publish the information on the local government’s website.

65 Amendment of s 117 (Advisors)

(1) Section 117 (1) —omit, insert—

(1) This section applies if the department’s chief executive believes—

(a) a local government is not performing its responsibilities properly; or

(b) a local government is not complying with laws applying to the local government, including the Local Government Acts; or

(c) it is otherwise in the public interest for the department’s chief executive to appoint an advisor for a local government.

(2) Section 117 (3) (a) (ii) —omit, insert—

(ii) to comply with laws applying to the local government, including the Local Government Acts; and

66 Amendment of s 118 (Financial controllers)

Section 118 (1) —

omit, insert—

(1) This section applies if the department’s chief executive believes—

(a) a local government is not performing its responsibilities properly; or

(b) a local government is not complying with laws applying to the local government, including the Local Government Acts; or

(c) it is otherwise in the public interest for the department’s chief executive to appoint a financial controller for a local government.

67 Replacement of ch 5, pt 1, div 3, hdg (Action by the Minister)

Chapter 5, part 1, division 3, heading—

omit, insert—

68 Amendment of s 121 (Removing unsound decisions)

(1) Section 121 (1) —omit, insert—

(1) This section applies if the Minister believes—

(a) a decision of the local government is contrary to any law or inconsistent with the local government principles; or

(b) it is otherwise in the public interest to suspend or revoke a decision of the local government.

(2) Section 121 (4) —omit, insert—

(4) The gazette notice must state—

(a) either—

(i) how the decision is contrary to a law or inconsistent with the local government principles; or

(ii) why it is otherwise in the public interest to suspend or revoke the decision; and

(b) if the decision has been suspended, how the decision may be amended so it is no longer—

(i) contrary to the law or inconsistent with the local government principles; or

(ii) in the public interest to suspend the decision.

69 Amendment of s 149 (Obstructing local government officials)

Section 149 (3), ‘ chapter 5,’—

omit.

70 Replacement of ch 5A, hdg (Councillor conduct)

Chapter 5A, heading—

omit, insert—

71 Amendment of s 150B (Overview of chapter)

(1) Section 150B (1) —insert—

(ca) investigating and dealing with particular complaints about alleged or suspected corrupt conduct of local government employees; and

(2) Section 150B (1) (e), from ‘with complaints’—omit, insert—with—

(i) complaints about the conduct of councillors; and

(ii) particular complaints about alleged or suspected corrupt conduct of local government employees.

(3) Section 150B (1) (ca) to (e) —renumber as section 150B (1) (d) to (f).

(4) Section 150B (2) (c) (ii) —omit, insert—

(ii) may apply to the conduct tribunal to decide—

(A) whether the councillor engaged in misconduct, or inappropriate conduct that is connected to misconduct; and

(B) if the conduct tribunal decides the councillor engaged in misconduct or inappropriate conduct, the action to be taken to discipline the councillor; and

72 Amendment of s 150C (Definitions for chapter)

Section 150C, definition
"local government meeting" —

omit.

73 Amendment of ch 5A, pt 2, hdg (Conduct at local government meetings)

Chapter 5A, part 2, heading, ‘Conduct’—

omit, insert—

Councillor conduct

74 Amendment of s 150L (What is misconduct)

Section 150L (1) (c) (iv) —

omit, insert —

(iv) section 150R(2), 150EW(2), 170(3) or 171(3).

75 Amendment of ch 5A, pt 3, div 3, hdg (Local government duties to notify assessor about particular conduct)

Chapter 5A, part 3, division 3, heading, after ‘particular’—

insert—

councillor

76 Amendment of s 150R (Local government official must notify assessor about particular conduct)

(1) Section 150R —insert—

(2A) The local government official must not give the notice—

(a) vexatiously; or

(b) other than in good faith.

Maximum penalty—85 penalty units.

(2) Section 150R (2A) and (3) —renumber as section 150R (3) and (4).

77 Amendment of ch 5A, pt 3, div 4, hdg (Investigation of councillor conduct)

Chapter 5A, part 3, division 4, heading, after ‘conduct’—

insert—

and particular conduct of local government employees

78 Amendment of s 150T (Assessor must investigate conduct of councillor)

(1) Section 150T (1) —insert—

(ca) a referral made to the assessor by the conduct tribunal under section 150DLA; or

(2) Section 150T (1) (ca) to (d) —renumber as section 150T (1) (d) to (e).

79 Insertion of new s 150TA

After section 150T —

insert—

150TA Assessor must investigate particular conduct of local government employee The assessor must investigate the conduct of a local government employee if—

(a) the conduct is the subject of a complaint referred to the assessor by the Crime and Corruption Commission; and

(b) the conduct is connected to the conduct of a councillor that is the subject of a complaint referred to the assessor by the Crime and Corruption Commission.

The Crime and Corruption Commission may decide, under chapter 2, part 3 of the Crime and Corruption Act 2001, to refer a complaint to the assessor to deal with, whether or not in cooperation with the commission.

80 Amendment of s 150V (Investigative powers)

Section 150V (1), after ‘150T’—

insert—

, 150TA

81 Amendment of s 150W (Decision about conduct)

(1) Section 150W —insert—

(ca) if the assessor is reasonably satisfied the councillor’s conduct is inappropriate conduct and the conduct is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct—make an application to the conduct tribunal about the alleged misconduct and inappropriate conduct; or

(2) Section 150W (ca) and (d) —renumber as section 150W (d) and (e).

(3) Section 150W —insert—

(2) However, if the conduct was referred to the assessor by the conduct tribunal under section 150DLA, the assessor may—

(a) if the assessor is reasonably satisfied the councillor’s conduct is misconduct—make an application to the conduct tribunal about the conduct; or

(b) if the assessor is not reasonably satisfied the councillor’s conduct is misconduct—give the conduct tribunal a notice stating the assessor is not reasonably satisfied the councillor’s conduct is misconduct.

82 Amendment of s 150X (Decision to dismiss complaint)

Section 150X (b) (ii), ‘not made’—

omit, insert—

made other than

83 Amendment of s 150AA (Notice and opportunity for councillor to respond)

(1) Section 150AA (1) (b), from ‘to decide’—omit, insert—about a councillor’s conduct.

(2) Section 150AA (2) (c) (ii), from ‘to decide’—omit, insert—about the conduct; and

84 Amendment of s 150AB (Application of division)

Section 150AB (b), ‘ section 150W (b) ’—

omit, insert—

section 150W(1)(b)

85 Amendment of ch 5A, pt 3, div 6, hdg (Application to conduct tribunal about misconduct)

Chapter 5A, part 3, division 6, heading, after ‘misconduct’—

insert—

and connected inappropriate conduct

86 Amendment of s 150AI (Application of division)

Section 150AI, from ‘engaged’—

omit, insert—

engaged in—

(a) misconduct; or

(b) inappropriate conduct that is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct.

87 Amendment of s 150AJ (Application to conduct tribunal about alleged misconduct)

(1) Section 150AJ (1), from ‘engaged’—omit, insert—engaged in—

(a) misconduct; or

(b) inappropriate conduct that is connected to conduct of the councillor that is alleged misconduct.

(2) Section 150AJ (2) (b), after ‘misconduct’—insert—or inappropriate conduct

(3) Section 150AJ (2) (c), from ‘engaged’—omit, insert—engaged in—

(i) misconduct; or

(ii) misconduct and inappropriate conduct that is connected to the alleged misconduct; and

(4) Section 150AJ —insert—

(3) The assessor may make an application under subsection (1) about the alleged inappropriate conduct only if the application is also made about the connected alleged misconduct.

88 Amendment of s 150AN (Role of the assessor)

Section 150AN (2), from ‘engaged’—

omit, insert—

engaged in—

(a) misconduct; and

(b) if the application also relates to alleged inappropriate conduct, inappropriate conduct.

89 Amendment of s 150AQ (Deciding about misconduct)

(1) Section 150AQ, heading, after ‘misconduct’—insert—and connected inappropriate conduct

(2) Section 150AQ (1) (a), from ‘engaged’—omit, insert—engaged in—

(i) if the application relates to alleged misconduct and inappropriate conduct—misconduct or inappropriate conduct (or both); or

(ii) if the application relates only to alleged misconduct—misconduct; and

(3) Section 150AQ (1) (b), after ‘misconduct’—insert—or inappropriate conduct

(4) Section 150AQ (2) —insert—

(ab) if the application relates to inappropriate conduct—any previous inappropriate conduct of the councillor; and

(5) Section 150AQ (2) (ab) and (b) —renumber as section 150AQ (2) (b) and (c).

90 Amendment of s 150AR (Disciplinary action against councillor)

(1) Section 150AR (1) (b) (i) and (v), after ‘misconduct’—insert—or inappropriate conduct (or both)

(2) Section 150AR —insert—

(1A) However, if the conduct tribunal decides under section 150AQ(1)(a)(i) that the councillor has engaged in misconduct and inappropriate conduct, the conduct tribunal, in deciding what action to take, must have regard to the action a local government could have taken under section 150AH in relation to inappropriate conduct.

(1B) Also, if the conduct tribunal decides under section 150AQ(1)(a)(i) that the councillor has only engaged in inappropriate conduct, the conduct tribunal may only take the action a local government could have taken under section 150AH in relation to inappropriate conduct.

(3) Section 150AR (1A) to (3) —renumber as section 150AR (2) to (5).

91 Amendment of s 150AS (Notices and publication of decisions and orders)

Section 150AS (1) (a) and (b), after ‘misconduct’—

insert—

or inappropriate conduct (or both)

92 Amendment of s 150AV (Other improper complaints)

Section 150AV (1) (a) (ii), ‘not’—

omit, insert—

other than

93 Amendment of s 150AY (Functions of investigators)

(1) Section 150AY (a), after ‘councillors’—insert—and local government employees

(2) Section 150AY (b), first dot point—omit, insert—

• section 150R(3), 150AU, 150AV, 150AW, 150BW, 150CA, 150CB, 150CI, 150CJ(3) or 150CK(5)

• section 150EK(1), 150EL(2) or (3), 150EM(2), 150EQ(2) or (3), 150ES(4), 150EY or 150EZ(2)

(3) Section 150AY (b), second dot point, ‘171B(2), 175C(2), 175E(2) or (5), 175H or 175I(2) or (3)’—omit, insert—or 171B(2)

94 Amendment of s 150CH (Power to require information)

Section 150CH (1) (b), after ‘councillor’—

insert—

or a local government employee

95 Amendment of s 150CJ (Power to require attendance)

Section 150CJ (1) (b), after ‘councillor’—

insert—

or local government employee

96 Amendment of s 150CK (Notice about confidentiality)

(1) Section 150CK (3) (b), ‘a councillor’s conduct’—omit, insert—the conduct of a councillor or local government employee

(2) Section 150CK —insert—

(3A) If the assessor gives the notice, the notice is also confidential information.

(3) Section 150CK (4), ‘ subsection (5) ’—omit, insert—subsection (6)

(4) Section 150CK (6), ‘ subsection (5) (b) (ii) ’—omit, insert—subsection (6)(b)(ii)

(5) Section 150CK (3A) to (6) —renumber as section 150CK (4) to (7).

97 Amendment of s 150CN (Compensation)

Section 150CN (2) (b), after ‘councillor’—

insert—

or local government employee

98 Amendment of s 150CU (Functions)

(1) Section 150CU (1) —insert—

(aa) to investigate and deal with the conduct of a local government employee if—

(i) the conduct is the subject of a complaint referred to the assessor by the Crime and Corruption Commission; and

(ii) the conduct is connected to the conduct of a councillor that is the subject of a complaint referred to the assessor by the Crime and Corruption Commission; and

(2) Section 150CU (1) (e), ‘or (f)’—omit, insert—, (e) or (g)

(3) Section 150CU (1) (aa) to (f) —renumber as section 150CU (1) (b) to (g).

99 Amendment of s 150DB (Conflict of interest)

Section 150DB (1), after ‘councillor’—

insert—

or local government employee

100 Amendment of s 150DL (Functions)

Section 150DL —

insert—

(3) Nothing in this section limits the president’s duty under the Crime and Corruption Act 2001 to notify the Crime and Corruption Commission about suspected corrupt conduct.

101 Insertion of new s 150DLA

After section 150DL —

insert—

150DLA Referral of alleged misconduct to assessor

(1) This section applies if the conduct tribunal—

(a) at the request of a local government, is investigating the suspected inappropriate conduct of a councillor referred to the local government, by the assessor, to be dealt with by the local government; and

(b) is reasonably satisfied the conduct is misconduct.

(2) The conduct tribunal must refer the conduct to the assessor for further investigation under part 3, division 4. See also sections 150T and 150W(2).

102 Amendment of s 150DU (Costs of conduct tribunal to be met by local government)

Section 150DU (1) (a), after ‘misconduct’—

insert—

or inappropriate conduct

103 Amendment of s 150DX (Local governments to keep and publish register)

Section 150DX (1) (c), after ‘misconduct’—

insert—

or inappropriate conduct

104 Amendment of s 150DY (Content of register—decisions)

Section 150DY (1) (c), after ‘misconduct’—

insert—

or inappropriate conduct

105 Amendment of s 150EB (Annual report)

Section 150EB (2) (a) (vii), after ‘misconduct’—

insert—

or inappropriate conduct

106 Insertion of new ch 5B

After chapter 5A —

insert—

107 Amendment of s 162 (When a councillor’s office becomes vacant)

Section 162 (1) (e) —

insert—

(iii) while the councillor is suspended under section 122, 123 or 175K; or

108 Amendment of s 170 (Giving directions to local government staff)

(1) Section 170 (1), ‘or senior executive employees’—omit.

(2) Section 170 —insert—

(1A) However, a direction under subsection (1) must not be inconsistent with a resolution, or a document adopted by resolution, of the local government.

(3) Section 170 (2) —insert— Contravention of subsection (3) is misconduct that could result in disciplinary action being taken against a councillor. See sections 150L(1)(c)(iv), 150AQ and 150AR.

(4) Section 170 —insert—

(3) The chief executive officer must—

(a) keep a record of each direction given to the chief executive officer; and

(b) make available to the local government each direction mentioned in paragraph (a).

(5) Section 170 (1A) to (3) —renumber as section 170 (2) to (4).

109 Amendment of s 170A (Requests for assistance or information)

(1) Section 170A (1), after ‘employee’—insert—to

(2) Section 170A (1), after ‘the councillor’—insert—to

(3) Section 170A (5) (b), ‘the council’—omit, insert—a local government

110 Amendment of s 171 (Use of information by councillors)

Section 171 (3) —

insert—

111 Omission of ch 6, pt 2, div 5A (Dealing with councillors’ personal interests in local government matters)

Chapter 6, part 2, division 5A —

omit.

112 Amendment of s 182E (When suspension of councillor ends)

Section 182E, ‘ section 182A ’—

omit, insert—

175K

113 Amendment of s 182F (Criminal history report)

Section 182F (1) (a) (ii), ‘ section 182C ’—

omit, insert—

section 175M

114 Amendment of s 182G (Confidentiality of criminal history information)

(1) Section 182G (5), definition
"criminal history information", paragraph (a), ‘ section 182F ’—omit, insert—section 175P

(2) Section 182G (5), definition
"criminal history information", paragraph (b) (ii), ‘ section 182C ’—omit, insert—section 175M

115 Renumbering of ss 182A–182G

Sections 182A to 182G —

renumber as sections 175K to 175Q.

116 Amendment of s 196 (Appointing other local government employees)

(1) Section 196 (3), ‘(other than senior executive employees)’—omit.

(2) Section 196 (4) to (7) —omit.

117 Amendment of s 236 (Who is authorised to sign local government documents)

Section 236 (2) (b), ‘dismissed’—

omit, insert—

suspended or the local government has been dissolved

118 Replacement of s 244 (Decisions not subject to appeal)

Section 244 —

omit, insert—

244 Decisions not subject to appeal

(1) This section applies if a provision of this Act declares a decision to be not subject to appeal.

(2) Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision—

(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3) The Judicial Review Act 1991, part 5 applies to the decision to the extent it is affected by jurisdictional error.

(4) A person who, but for subsection (2), could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.

(5) In this section—
"decision" includes—

(a) conduct related to making the decision; and

(b) a failure to make a decision.

119 Amendment of s 258 (Delegation of mayor’s powers)

Section 258 (2), ‘or senior executive employees’—

omit.

120 Insertion of new ch 9, pt 14

Chapter 9 —

insert—

121 Amendment of sch 1 (Serious integrity offences and integrity offences)

(1) Schedule 1, part 2, under heading ‘This Act’, entries for sections 175C (2), 175E (2) or (5), 175H and 175I (2) or (3) —omit.

(2) Schedule 1, part 2, under heading ‘This Act’—insert—

	s 150EK(1)	Councillor must not participate in decisions
	s 150EL(2) or (3)	Obligation of councillor with prescribed conflict of interest
	s 150EQ(2) or (3)	Obligation of councillor with declarable conflict of interest
	s 150EY	Offence to take retaliatory action
	s 150EZ(2)	Obligation of councillor with prescribed conflict of interest or declarable conflict of interest to influence others

(3) Schedule 1, part 2, under heading ‘ Local Government Electoral Act ’—insert—

	126(8)	Requirement for candidate to operate dedicated account
	127(8)	Requirement for group of candidates to operate dedicated account
	195(1)(b)	Offences about returns
	195(2)	Offences about returns
	195(3)	Offences about returns

122 Amendment of sch 4 (Dictionary)

(1) Schedule 4, definitions
"conflict of interest",
"local government meeting",
"material personal interest",
"ordinary business matter",
"perceived conflict of interest",
"real conflict of interest" and
"senior executive employee" —omit.

(2) Schedule 4 —insert—
"close associate", of a councillor, see section 150EJ.
"declarable conflict of interest" see sections 150EN and 150EO.
"eligible councillor", for a matter at a meeting, means a councillor at the meeting who does not have a prescribed conflict of interest or declarable conflict of interest in the matter.
"executive officer", of an entity, means—

(a) if the entity has a board or management committee—each member of the board or committee; or

(b) each person, by whatever name called, who is concerned, or takes part, in the management of the entity.

"gift" includes—

(a) a gift under the Local Government Electoral Act, section 106; and

(b) a gift that is required, under a regulation, to be recorded in a register of interests.

"interest" means a financial or other interest.
"loan" includes—

(a) a loan under the Local Government Electoral Act, section 106; and

(b) a loan that is required, under a regulation, to be recorded in a register of interests.

"local government meeting" means a meeting of—

(a) a local government; or

(b) a committee of a local government.

"prescribed conflict of interest" see section 150EG, 150EH or 150EI.
"related party", of a councillor, see section 150EP.
"relevant term", for a councillor, means the councillor’s current term of office, and—

(a) if the councillor held office for a term (the previous term) ending immediately before the current term—the previous term; or

(b) if paragraph (a) does not apply and the councillor was elected as councillor in the election occurring immediately before the councillor’s current term of office started, the period—

(i) starting on the day the councillor announced or otherwise publicly indicated an intention to be a candidate in the election; and

(ii) ending on the day immediately before the councillor’s current term of office started.

"senior executive employee", of a local government, means an employee of the local government—

(a) who reports directly to the chief executive officer; and

(b) whose position ordinarily would be considered to be a senior position in the local government’s corporate structure.

(3) Schedule 4, definition
"major policy decision" —insert—

(e) relating to making or preparing an arrangement, list, plan or register in the way provided under a regulation made under this Act that can be used to establish an exception to obtaining quotes or tenders when entering into a contract; or

(f) to make, amend or repeal a local law; or

(g) to make, amend or repeal a local planning instrument under the Planning Act; or

(h) under the Planning Act, chapter 3, part 3, division 2 on a development application that includes a variation request under that Act; or

(i) under the Planning Act, chapter 3, part 5, division 2, subdivision 2 on a change application under that Act that is a change to a variation approval under that Act.

154 Act amended

This part amends the Local Government Electoral Act 2011.

155 Amendment of s 4 (Definitions)

Section 4, ‘the schedule’—

omit, insert—

schedule 2

156 Amendment of s 7 (Meaning of conclusion of local government election)

Section 7 (1) (a), (b) (i) and (c)(i), ‘displayed at the office of the returning officer under section 100 (2) (a) ’—

omit, insert—

published on the electoral commission’s website under section 100(2)

157 Replacement of s 13 (Membership of a political party ends particular appointments)

Section 13 —

omit, insert—

13 Removal from office for membership of political party

(1) The electoral commission must remove a person from the office of returning officer or assistant returning officer if the person becomes a member of a political party.

(2) Subsection (1) does not limit the electoral commission’s power to remove a person from the office of returning officer or assistant returning officer.

(3) A person’s membership of a political party, or failure to comply with section 14, does not invalidate—

(a) anything done by the person while the person is a returning officer or assistant returning officer; or

(b) if the person does a thing for an election while the person is a returning officer or assistant returning officer—the election.

158 Amendment of s 21 (Supply of voters roll to candidates)

Section 21 —

insert—

(3) A person must not use, disclose to another person or allow another person to access information in a copy of a voters roll given to a candidate under subsection (1), unless the use, disclosure or giving of access is for a purpose stated in subsection (4). Maximum penalty—20 penalty units or 6 months imprisonment.

(4) The purposes are—

(a) any purpose related to an election under this Act; or

(b) checking the accuracy of information on the voters roll; or

(c) the performance by a councillor of a local government of the councillor’s functions in relation to electors enrolled on the voters roll; or

(d) the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the voters roll.

159 Amendment of s 23 (Date of quadrennial elections)

Section 23 (3), after ‘different day’—

insert—

, which must be a Saturday,

160 Amendment of s 24 (Date of by-elections)

Section 24 (3) (a), ‘in a newspaper circulating generally in the local government area’—

omit, insert—

on the electoral commission’s website

161 Amendment of s 25 (Calling for nominations)

Section 25 (1) —

omit, insert—

(1) The returning officer must publish notice of an election on the electoral commission’s website, and in other ways the returning officer considers appropriate.

162 Amendment of s 26 (Who may be nominated)

(1) Section 26 —insert—

(1A) Also, a person may be nominated as a candidate for an election only if the person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department’s chief executive about—

(a) the person’s obligations as a candidate, including the person’s obligations under part 6; and

(b) the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009.

(2) Section 26 (1A) to (3) —renumber as section 26 (2) to (4).

163 Amendment of s 32 (Announcement of nominations)

(1) Section 32 (1), from ‘must display’—omit, insert—must publish the prescribed information for the nomination—

(a) on the electoral commission’s website; and

(b) in other ways the returning officer considers appropriate.

(2) Section 32 (2) —omit, insert—

(2) The publication of the prescribed information must continue until the conclusion of the election.

(3) In this section—
"prescribed information", for a nomination, means information or a statement contained in the nomination prescribed by regulation.

164 Amendment of s 35 (Procedure if number of candidates exceeds number required)

(1) Section 35 (3) (c) and (d) —omit, insert—

(c) be published on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(2) Section 35 (4) —omit, insert—

(4) Publication of the notice under subsection (3)(c) must—

(a) start as soon as practicable after noon on the nomination day; and

(b) continue until the close of the poll.

165 Amendment of s 38 (Extension of times)

(1) Section 38, heading—omit, insert—

38 Changing nomination day or polling day

(2) Section 38 (2), from ‘the day is’—omit, insert—the conduct of the election is likely to be affected by—

(a) a storm, flood, fire or a similar happening; or

(b) a riot or open violence; or

(c) another exceptional circumstance.

(3) Section 38 (3), from ‘ subsection (2) ’—omit, insert—subsection (2)—

(a) the later day must be—

(i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1)(a); or

(ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35; and

(b) the returning officer—

(i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and

(ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.

166 Replacement of s 45 (Direction that poll be conducted by postal ballot)

Section 45 —

omit, insert—

45AA Application for direction that poll be conducted by postal ballot

(1) A local government may apply to the Minister for a poll to be conducted by postal ballot in—

(a) for an election for all of the local government’s area—all of the local government’s area or a part or division of the local government’s area; or

(b) for an election for a division of the local government’s area—the division or a part of the division.

(2) The application must be made—

(a) for a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the Minister; or

(b) for a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24.

45AB Referral of application to electoral commissioner for recommendation

(1) The Minister must refer an application made under section 45AA to the electoral commissioner for the commissioner’s recommendation about whether the application should be approved.

(2) The electoral commissioner must—

(a) consider the application; and

(b) give the Minister a written recommendation about whether the application should be approved and the reasons for the recommendation.

(3) Before making the recommendation, the electoral commissioner may ask the local government for further information the electoral commissioner reasonably requires to make the recommendation.

(4) In making the recommendation, the electoral commissioner must have regard to the following matters—

(a) the reasons, stated in the application, why the poll should be conducted by postal ballot;

(b) the costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths;

(c) the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates;

(d) the population density and distribution in the area to which the application relates;

(e) whether a poll has previously been conducted by postal ballot in the area to which the application relates.

45 Direction that poll be conducted by postal ballot

(1) After receiving the electoral commissioner’s recommendation about an application under section 45AB, the Minister must consider the application and decide to approve or not to approve the application.

(2) In deciding whether to approve the application, the Minister must have regard to—

(a) the electoral commissioner’s recommendation and the reasons for the recommendation; and

(b) the matters mentioned in section 45AB(4).

(3) The approval may be given for—

(a) all the local government’s area; or

(b) 1 or more divisions of its area; or

(c) a part of its area marked on a map.

(4) If the approval is given for a part of a local government’s area, the local government must—

(a) ensure that the public may inspect the relevant map—

(i) at the local government’s public office; and

(ii) on the local government’s website; and

(b) publish details of the approval in a newspaper circulating generally in the part of the local government’s area.

45A Decisions under this subdivision are not subject to appeal A decision of the Minister or the electoral commissioner under this subdivision is not subject to appeal. See the Judicial Review Act 1991, section 6 in relation to the making of a recommendation for the purposes of that Act. See also section 158.

167 Amendment of s 49 (Declaration of mobile polling booths)

Section 49 (3) (b), ‘in a newspaper circulating generally in the relevant part of the local government area’—

omit, insert—

on the electoral commission’s website, and in other ways the returning officer considers appropriate

168 Amendment of s 50 (Declaration of pre-polling booths)

(1) Section 50 (2) (b), ‘in a newspaper circulating generally in the local government’s area’—omit, insert—on the electoral commission’s website, and in other ways the returning officer considers appropriate

(2) Section 50 (3) —omit.

(3) Section 50 (4) —renumber as section 50 (3).

169 Insertion of new s 52A

After section 52 —

insert—

52A Suspension of poll

(1) The returning officer, or the presiding officer for a polling booth, may suspend the poll at a polling booth on polling day for not more than 4 hours if satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by—

(a) a serious threat that a riot or open violence will happen; or

(b) circumstances that pose a serious risk to the health or safety of persons at the polling booth; or

(c) another emergency.

(2) The returning officer, or the presiding officer for the polling booth, must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to cast a vote, including—

(a) the time the poll is expected to resume at the polling booth; and

(b) the location of other polling booths.

(3) The returning officer or the presiding officer for the polling booth must adjourn the conduct of the poll at the polling booth to another day if—

(a) for any reason, taking of the poll at the polling booth can not resume on the polling day; or

(b) the returning officer or presiding officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling while it was suspended to have cast a vote at another polling booth.

170 Replacement of s 53 (Adjournment of poll)

Section 53 —

omit, insert—

53 Adjournment of poll

(1) The returning officer, or the presiding officer for a polling booth, may adjourn the poll at the polling booth to another day if satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted by any of the things stated in subsection (2) to the extent the taking of the poll can not start or continue at the polling booth.

(2) For subsection (1), the things are as follows—

(a) a storm, flood, fire or a similar happening;

(b) a riot or open violence;

(c) a serious threat that a riot or open violence will happen;

(d) circumstances that pose a serious risk to the health or safety of persons at the polling booth;

(e) another emergency.

(3) If a poll is adjourned under subsection (1) or section 52A(3), the returning officer must fix a day (no later than 34 days after the day on which the poll is adjourned) for taking, or resuming, the adjourned poll.

(4) The returning officer must publish notice of the day fixed for taking, or resuming, the adjourned poll on the electoral commission’s website, and in other ways the returning officer considers appropriate.

(5) If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not otherwise voted in the election, are entitled to vote.

(6) The adjourned poll is taken to have been held on the polling day.

171 Amendment of s 55 (Ballot papers)

(1) Section 55 (1) (b), before ‘be attached to’—insert—for a ballot paper other than a ballot paper reproduced under section 58A—

(2) Section 55 (1) (b) (iii) —omit, insert—

(iii) states the local government area, or division of the local government area, for which the poll is conducted; and

(3) Section 55 (2A), from ‘must be’—omit, insert—must—

(a) be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and

(b) state the local government area, or division of the local government area, for which the vote is cast.

172 Amendment of s 58 (Distribution of ballot paper and voters roll)

(1) Section 58 —insert—

(1A) Without limiting subsection (1)(b), a certified copy of a voters roll for an electoral district is available at a polling booth if—

(a) a certified copy of the voters roll can be accessed from the polling booth; and

(b) an issuing officer at the polling booth can use the electronic certified copy to make an electronic record of the persons to whom a ballot paper is issued.

(2) Section 58 (1A) to (8) —renumber as section 58 (2) to (9).

173 Insertion of new s 58A

After section 58 —

insert—

58A Ballot papers may be reproduced if required

(1) This section applies if a polling booth does not have, or runs out of, ballot papers for an election.

(2) An issuing officer at the polling booth may reproduce a ballot paper for the election, including, for example, by photocopying, handwriting or printing the ballot paper.

(3) Section 55(1) applies to a ballot paper reproduced under this section.

(4) The issuing officer must keep a record of the number of ballot papers for an election the officer reproduces under this section.

174 Amendment of s 64 (Who may vote)

Section 64 (3), after ‘imprisonment’—

insert—

of 3 years or longer

175 Amendment of s 69 (Who must complete a declaration envelope)

(1) Section 69 (1) —insert—

(da) the elector is serving a sentence of imprisonment, or is otherwise lawfully detained, on the polling day for the election; or

(2) Section 69 (1) —insert—

(g) the elector, who attends a polling booth on the polling day, is not able to make an ordinary vote at the polling booth for a reason beyond the elector’s control.

an electronic copy of the voters roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the voters roll for the election

(3) Section 69 (1) (da) and (e) —renumber as section 69 (1) (e) and (f).

176 Amendment of s 73 (Voting hours for polling booths)

Section 73 (5), definition
"pre-polling period", paragraph (a) (ii), from ‘notifies in a newspaper’—

omit, insert—

publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and

177 Amendment of s 79 (Applications to cast postal votes in local government elections that are not postal ballot elections)

(1) Section 79 (1), from ‘This section’ to ‘an elector’—omit, insert—An elector may apply

(2) Section 79 (2), before paragraph (a) —insert—

(aa) may be made orally or in writing; and

(3) Section 79 (2) (a), before ‘must be’—insert—if the application is written—

(4) Section 79 (2) (b), ‘posted, delivered or’—omit.

(5) Section 79 (2) (d) —omit, insert—

(d) must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day. The polling day for a quadrennial election is a Saturday—see section 23(2) and (3). The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.

(6) Section 79 (3) (b), ‘applicant is an elector who’—omit, insert—elector

(7) Section 79 (4), ‘applicant’—omit, insert—elector

(8) Section 79 —insert—

(8) If the returning officer receives an application after the time mentioned in subsection (2)(d), or is otherwise satisfied the elector is not entitled to cast a postal vote in the election, the returning officer must give the applicant a written notice that states the elector is not entitled to cast a postal vote in the election.

178 Amendment of s 81 (Applications to cast postal votes in postal ballot elections)

(1) Section 81 (2), from ‘election’—omit, insert—election.

(2) Section 81 (2A), ‘Wednesday before’—omit, insert—day that is 12 days before the

(3) Section 81 (2A) —insert— The polling day for a quadrennial election is a Saturday—see section 23(2) and (3). The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.

(4) Section 81 (3) —omit, insert—

(3) The application—

(a) may be made orally or in writing; and

(b) if the application is written—must be in the approved form; and

(c) must state the address to which the ballot paper and declaration envelope for the person is to be sent; and

(d) may be given to the returning officer by any person.

(5) Section 81 —insert—

(10) If the returning officer receives an application after the time mentioned in subsection (2A), or is otherwise satisfied the person is not an elector who is entitled to cast a postal vote in the election, the returning officer must give the person a written notice that states the person is not entitled to cast a postal vote in the election.

179 Replacement of s 85 (Replacement ballot papers)

Section 85 —

omit, insert—

85 Replacement ballot paper issued at polling booth or by visiting issuing officer

(1) This section applies if, while voting at a polling booth or when visited by an issuing officer under section 76 or 77, an elector—

(a) satisfies an issuing officer that—

(i) a ballot paper given to the elector (the
"spoilt ballot paper") is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and

(ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and

(iii) the elector has not voted in the election; and

(b) gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.

(2) The issuing officer must give the elector another ballot paper.

(3) The issuing officer must also—

(a) place the spoilt ballot paper in an envelope and seal the envelope; and

(b) keep the envelope for separate identification under section 92(9)(b).

85A Replacement ballot paper issued to postal voter

(1) This section applies if a ballot paper for an election and declaration envelope is sent to an elector under subdivision 4 and either—

(a) the elector does not receive the ballot paper and declaration envelope; or

(b) the ballot paper (the
"spoilt ballot paper") is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.

(2) The elector may ask the returning officer for a replacement ballot paper.

(3) If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper and a declaration envelope are to be sent.

(4) The returning officer or an issuing officer must—

(a) if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or

(b) if the elector’s request complies with subsection (3)—post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.

(5) When the elector casts a postal vote, the elector must make the declaration on the declaration envelope that states—

(a) the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and

(b) the elector has not otherwise voted in the election.

(6) The returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.

180 Amendment of s 89 (Preliminary processing of declaration envelopes)

(1) Section 89 (1), after ‘postal ballot election,’—insert—before, on or after the polling day,

(2) Section 89 (2), after ‘postal ballot election,’—insert—before or after the polling day,

181 Amendment of s 91 (Procedure for processing declaration envelopes)

(1) Section 91 (2) (a) and (b) —omit, insert—

(a) record on the voters roll, in a way approved by the returning officer, that the declarant has voted; and

(2) Section 91 (2) (c) and (d) —renumber as section 91 (2) (b) and (c).

(3) Section 91 (6) —omit, insert—

(6) The returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification—

(a) all accepted declaration envelopes from which ballot papers have been removed; and

(b) all rejected declaration envelopes.

182 Amendment of s 92 (Preliminary counting of ordinary votes)

(1) Section 92 (4), ‘and all ballot papers printed for electronically assisted votes’—omit.

(2) Section 92 (5), after ‘envelopes,’—insert—including ballot papers printed for electronically assisted votes,

(3) Section 92 (7), after ‘informal ballot papers’—insert—(including ballot papers printed for electronically assisted votes)

(4) Section 92 (9) (b), ‘ section 85 (2) (e) or (4) (d) ’—omit, insert—section 85(3)(b)

183 Amendment of s 95 (Official counting of votes)

(1) Section 95 (3) (b), after ‘declaration envelopes’—insert—, including ballot papers printed for electronically assisted votes,

(2) Section 95 (4) (b), ‘ section 91 (2) (d) ’—omit, insert—section 91(2)(c)

(3) Section 95 (4) (c), after ‘informal ballot papers’—insert—, including ballot papers printed for electronically assisted votes

(4) Section 95 (4) (d), after ‘formal ballot papers’—insert—, including ballot papers printed for electronically assisted votes,

184 Amendment of s 99 (Returning officer’s duty after counting votes)

Section 99 (a) —

omit, insert—

(a) seal the following in separate parcels—

(i) all formal ballot papers, including ballot papers printed for electronically assisted votes;

(ii) all informal ballot papers, including ballot papers printed for electronically assisted votes;

(iii) all accepted declaration envelopes from which ballot papers have been removed;

(iv) all rejected declaration envelopes;

(v) all spoilt ballot papers in sealed envelopes;

(vi) all unused ballot papers;

(vii) all of the books and papers (other than the voters roll) used in the poll by each presiding officer; and

185 Amendment of s 100 (Notifying the results of an election)

Section 100 (2) —

omit, insert—

(2) The electoral commission must ensure the notice is published on the electoral commission’s website, and in other ways the electoral commission considers appropriate.

186 Amendment of s 126 (Requirement for candidate to operate dedicated account)

Section 126 (4), from ‘be paid’—

omit, insert—

be paid—

(a) out of the account; and

(b) in a way permitted under section 127A.

187 Amendment of s 127 (Requirement for group of candidates to operate dedicated account)

Section 127 (4), from ‘be paid’—

omit, insert—

be paid—

(a) out of the account; and

(b) in a way permitted under section 127A.

188 Insertion of new ss 127A–127C

After section 127 —

insert—

127A Permitted ways to pay amounts from dedicated account

(1) An amount paid from an account under section 126(4) or 127(4) may be paid in 1 of the following ways or a combination of the ways—

(a) by an electronic funds transfer transaction from the account; or

(b) using a debit card that withdraws the payment directly from the account; or

(c) in cash withdrawn from the account.

(2) For subsection (1)(c), the amount of cash withdrawn from the account to pay an amount under section 126(4) or 127(4) must not exceed—

(a) the amount to be paid; or

(b) if the cash is withdrawn from an ATM—the amount to be paid rounded up to the nearest amount the ATM can dispense.

127B Payment of campaign expenses by credit card prohibited

(1) A person to whom section 126(8) or 127(8) applies must not—

(a) use a credit card to pay an amount for the conduct of the election campaign of a candidate or group of candidates; or

(b) pay an amount out of the dedicated account of a candidate or group of candidates to pay a charge incurred using a credit card.

Maximum penalty—100 penalty units.

(2) For subsection (1)(b), it does not matter whether or not the charge was incurred for the conduct of the election campaign of a candidate or group of candidates.

(3) This section does not limit section 126, 127 or 127A.

127C Time for prosecuting offences A prosecution for an offence against this division may be started at any time within 4 years after the offence was committed.

189 Replacement of s 158 (Decisions not subject to appeal)

Section 158 —

omit, insert—

158 Decisions not subject to appeal

(1) This section applies if a provision of this Act declares a decision to be not subject to appeal.

(2) Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision—

(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3) The Judicial Review Act 1991, part 5 applies to the decision to the extent it is affected by jurisdictional error.

(4) A person who, but for subsection (2), could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.

(5) This section does not limit section 149.

(6) In this section—
"decision" includes—

(a) conduct related to making the decision; and

(b) a failure to make a decision. See also the Judicial Review Act 1991, section 6.

190 Amendment of s 174 (Obstructing electoral officers etc.)

Section 174, penalty—

omit, insert—

191 Amendment of s 176A (Confidentiality of information)

Section 176A (2), penalty—

omit, insert—

Maximum penalty—100 penalty units.

192 Amendment of s 179 (Giving of how-to-vote cards to electoral commission)

(1) Section 179 (1), (2) and (5), ‘polling day for the election’—omit, insert—how-to-vote card is to be distributed on a day when votes may be cast for the election

(2) Section 179 (2), example—omit.

(3) Section 179 (6), ‘polling day’—omit, insert—the first day when votes may be cast for the election

(4) Section 179 (7) —omit, insert—

(7) The returning officer must, to the extent practicable, make an accepted how-to-vote card available for public inspection at a place where, and on a day when, votes may be cast.

193 Amendment of s 180 (Unauthorised how-to-vote cards)

(1) Section 180 (1), from ‘not distribute’ to ‘polling day’—omit, insert—not distribute, or authorise someone else to distribute, a how-to-vote card to which section 179(1) or (2) applies on a day when votes may be cast

(2) Section 180 (2), ‘polling day’—omit, insert—a day when votes may be cast

194 Amendment of s 191 (Failure to post, fax or deliver documents for someone else)

(1) Section 191, heading, ‘post, fax or deliver’—omit, insert—give or post

(2) Section 191 (1), ‘for delivery or posting’—omit, insert—to give

(3) Section 191 (1), ‘deliver or post’—omit, insert—give, post or otherwise send

(4) Section 191 (1), after ‘post it to the returning officer’—insert—, unless the person has a reasonable excuse

(5) Section 191 (2), ‘for delivery or posting’—omit, insert—to give or post

(6) Section 191 (2), ‘or post’—omit, insert—, post or otherwise send

195 Amendment of s 192 (Secrecy of voting)

Section 192 (3), penalty—

omit, insert—

196 Amendment of s 195 (Offences about returns)

(1) Section 195 (1), penalty—omit, insert— Maximum penalty—

(a) if the person took all reasonable steps to give the return within the time required—20 penalty units; or

(b) otherwise—100 penalty units.

(2) Section 195 (2), penalty—omit, insert— Maximum penalty—100 penalty units.

197 Amendment of s 198 (Further information for incomplete returns)

(1) Section 198 (1) (a), ‘who’—omit.

(2) Section 198 (2), from ‘to the returning’ to ‘was given’—omit, insert—the electoral commission

198 Amendment of s 206 (Office of returning officer)

Section 206 (2), from ‘in a newspaper’—

omit, insert—

on the electoral commission’s website, and in other ways the electoral commission considers appropriate.

199 Insertion of new pt 11, div 4

After section 212 —

insert—

200 Amendment and numbering of schedule (Dictionary)

(1) Schedule—number as schedule 2.

(2) Schedule 2, as numbered, definition
"emergency" —omit.

(3) Schedule 2, as numbered—insert—
"spoilt ballot paper" see sections 85 (1) (a) (i) and 85A (1) (b).

201 Amendment of s 19 (Requirements of voters roll)

Section 19 (2), from ‘an elector’s address’ to ‘electoral roll’—

omit, insert—

the address of a silent elector

202 Amendment of s 27 (Making and certification of nomination)

Section 27 (2) (b) —

insert—

(iv) information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126;

(v) the other matters stated in schedule 1.

203 Amendment of pt 4, div 2, sdiv 3, hdg (Recording of membership and agents for group of candidates)

Part 4, division 2, subdivision 3, heading, ‘Recording of membership’—

omit, insert—

Membership

204 Amendment of s 40 (Disposal of deposits generally)

Section 40 (1) (b), ‘optional-preferential’—

omit, insert—

full-preferential

205 Amendment of s 41 (Record of membership in group of candidates)

(1) Section 41, heading, ‘Record of membership in’—omit, insert—Membership of

(2) Section 41 —insert—

(1A) A candidate in an election may be a member of only 1 group of candidates for the election.

(1B) Only 1 member of the group may be a candidate for election as mayor of a local government.

(3) Section 41 (2), from ‘returning officer’—omit, insert—electoral commission during the period that—

(a) starts—

(i) if the last election was a quadrennial election—30 days after the polling day for the quadrennial election; or

(ii) otherwise—the day after the polling day for the last election; and

(b) ends at noon on the last day for the receipt of nominations for candidates in the election.

(4) Section 41 (3) (d) —omit, insert—

(d) be signed by each of the candidates who is a member of the group; and

(e) include information about the account with a financial institution the group intends to use as its account for section 127.

(5) Section 41 (4) —omit, insert—

(4) As soon as practicable after the electoral commission receives the record, the commission must publish a copy of the record on the commission’s website and in other ways the commission considers appropriate.

(6) Section 41 (1A) to (4) —renumber as section 41 (2) to (6).

206 Amendment of s 42 (Appointment of agent for group of candidates)

(1) Section 42 (2) (c) —omit, insert—

(c) be signed by each of the candidates who is a member of the group; and

(2) Section 42 (3), from ‘returning officer at’ to ‘returning officer under’—omit, insert—electoral commission at the same time the record is given to the commission under

207 Amendment of s 43 (Register of group agents)

Section 43, ‘returning officer’—

omit, insert—

electoral commission

208 Amendment of s 50 (Declaration of pre-polling booths)

(1) Section 50, before subsection (1) —insert—

(1AA) The returning officer may arrange a place as a polling booth for an election to enable electors to cast a pre-poll vote.

(1AB) A polling booth mentioned in subsection (1) may be located anywhere within or outside the local government area, or division of the local government area, for which the election is to be held.

(2) Section 50 (1), from ‘The returning officer’ to ‘pre-poll vote—’—omit, insert—However, the returning officer must ensure a pre-polling booth mentioned in subsection (1) is arranged at 1 of the following places—

(3) Section 50 (1AA) to (3) —renumber as section 50 (1) to (5).

209 Amendment of s 65 (System of voting)

Section 65 (1) (a) and (2), ‘optional-preferential’—

omit, insert—

full-preferential

210 Amendment of s 68 (Who may cast votes in particular ways)

(1) Section 68 (5A) (b) —omit, insert—

(b) the elector is a silent elector.

(2) Section 68 (6), definition
"absentee vote", note—omit.

211 Amendment of s 69 (Who must complete a declaration envelope)

Section 69 (1) (f), as renumbered by this Act—

omit, insert—

(f) the elector is a silent elector; or

212 Amendment of s 73 (Voting hours for polling booths)

Section 73 (3), ‘ section 50 (2) ’—

omit, insert—

section 50(4)

213 Amendment of s 82 (Distribution of ballot papers to particular electors whose address has been omitted from electoral roll and to special postal voters)

(1) Section 82, heading, from ‘particular electors’ to ‘electoral roll and to’—omit, insert—silent electors and

(2) Section 82 (1), ‘elector mentioned in section 69 (1) (e) and to each’—omit, insert—silent elector and

214 Amendment of s 83 (How electors must record a vote on a ballot paper—optional-preferential voting)

(1) Section 83, heading, ‘optional-preferential’—omit, insert—full-preferential

(2) Section 83 (1), ‘optional-preferential’—omit, insert—full-preferential

(3) Section 83 (3) (b), ‘for the’—omit, insert—for all the

(4) Section 83 (4) —omit, insert—

(4) An elector must record preference votes for all of the candidates.

215 Amendment of s 86 (Formal and informal ballot papers—optional-preferential voting)

(1) Section 86, heading, ‘optional-preferential’—omit, insert—full-preferential

(2) Section 86 (1), ‘optional-preferential’—omit, insert—full-preferential

(3) Section 86 (5) and (6) —omit, insert—

(5) A ballot paper is taken to contain writing or marks that indicate the elector’s intended order of preferences, even though the square opposite the name of 1 of the candidates has been left blank, if—

(a) the elector has written the numbers 1, 2, 3 and so on in all the squares opposite the candidates’ names except for the blank square; and

(b) the numbers mentioned in paragraph (a) are consecutive numbers, without the repetition of a number.

(6) A ballot mentioned in subsection (5) is taken to indicate that the candidate whose name is opposite the blank square is the elector’s last preference.

216 Amendment of s 92 (Preliminary counting of ordinary votes)

Section 92 (5) (c), ‘optional-preferential’—

omit, insert—

full-preferential

217 Amendment of s 95 (Official counting of votes)

Section 95, ‘optional-preferential’—

omit, insert—

full-preferential

218 Amendment of s 97 (Counting of votes for optional-preferential system)

(1) Section 97, heading, ‘optional-preferential’—omit, insert—full-preferential

(2) Section 97 (1), ‘optional-preferential voting’—omit, insert—full-preferential voting

(3) Section 97 (4) (b) —omit.

(4) Section 97 (4) (c), ‘remaining’—omit.

(5) Section 97 (4) (c) and (d) —renumber as section 97 (4) (b) and (c).

219 Insertion of new s 101A

After section 101 —

insert—

101A Election and elector information

(1) This section applies if the electoral commission has given notice of the final result of a poll for an election under section 101.

(2) As soon as practicable after giving the notice, the electoral commission must publish on the commission’s website—

(a) the number of formal first preference votes cast for each candidate in the poll; and

(b) information about the distribution of formal preference votes, other than first preference votes, for the candidates in the poll.

(3) Also, the following (each a
"requester") may ask the electoral commission for elector information for the election—

(a) a registered political party;

(b) a group of candidates for the election, if at least 1 member of the group was elected at the election;

(c) a councillor who—

(i) was elected at the election; and

(ii) as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.

(4) The electoral commission must comply with a request under subsection (3) by giving the requester the elector information about each elector who—

(a) was enrolled on the relevant voters roll for the election; and

(b) voted in the election.

(5) The
"relevant voters roll" for the election is—

(a) for a request made by a registered political party—the voters roll for each local government area; or

(b) for a request made by a group of candidates—the voters roll for the local government area, or division of a local government area, for each member of the group that was elected; or

(c) for a request made by a councillor mentioned in subsection (3)(c)—the voters roll for the local government area, or division of a local government area, for which the councillor was elected.

(6) The
"elector information" about an elector who voted in an election is—

(a) the elector’s name and address; and

(b) whether the elector voted in person, by post or in another way; and

(c) if the elector voted in person at a polling booth in the local government area—the location of the polling booth.

(7) However, the commission must not give the requester the elector information about a silent elector.

(8) A person must not use, disclose to another person or allow another person to access elector information given to a registered political party, group of candidates or councillor under this section, unless the use, disclosure or access is for a purpose related to an election. Maximum penalty for subsection (8)—200 penalty units.

220 Amendment of s 106 (Definitions for part)

(1) Section 106, definitions
"candidate’s disclosure period",
"electoral expenditure",
"gifts register",
"group’s disclosure period",
"political activity" and
"third party" —omit.

(2) Section 106 —insert—
"disclosure period", for an election—

(a) for a candidate in the election—see section 106A(1); or

(b) for a group of candidates in the election or a third party to which section 118A or 125A applies for the election—see section 106A(3).

"electoral expenditure" see section 123.
"fundraising contribution" see section 107A.
"recipient", of a gift or loan, means the entity to whom, or for the benefit of whom, the gift or loan was made.
"source" —

(a) of a gift—see section 121A(1); or

(b) of a loan—see section 121B(2).

"third party", for an election, means an entity other than—

(a) a political party, an associated entity or a candidate; or

(b) a person who is a member of a committee for the election of a candidate endorsed for by a registered political party, if the committee is part of the political party; or

(c) a person who is a member of a committee for the election of—

(i) a candidate in the election; or

(ii) members of a group of candidates for the election.

(3) Section 106, definition
"gift", ‘(1) and (2)’—omit.

(4) Section 106, definition
"relevant details", after ‘gift’—insert—or loan

221 Insertion of new s 106A

After section 106 —

insert—

106A Meaning of disclosure period

(1) The
"disclosure period" for an election, for a candidate in the election, is the period that—

(a) starts—

(i) if the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or

(ii) otherwise—on the day that applies for the candidate under subsection (2); and

(b) ends 30 days after the polling day for the election.

(2) For subsection (1)(a)(ii), the day that applies for the candidate for the election is the earlier of the following days—

(a) the day the person announces or otherwise publicly indicates the person’s intention to be a candidate in the election;

(b) the day the person nominates as a candidate in the election;

(c) the day the person otherwise indicates the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.

(3) The
"disclosure period" for an election, for a group of candidates for the election or a third party to whom section 118A or 125A applies for the election, is the period that—

(a) starts 30 days after the polling day for the last quadrennial election; and

(b) ends 30 days after the polling day for the election.

(4) However, a regulation may prescribe another day on which a disclosure period mentioned in subsection (1) or (3) starts or ends.

222 Replacement of s 107 (Meaning of gifts)

Section 107 —

omit, insert—

107 Meaning of gift

(1) A
"gift" is the disposition of property, or provision of a service, for no consideration or inadequate consideration.

(2) Also, a
"gift" includes—

(a) uncharged interest on a loan; and

(b) any part of a fundraising contribution that exceeds $200.

(3) For subsection (2)(a), uncharged interest on a loan is an amount that would have been payable on the loan if—

(a) the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind; or

(b) any interest payable had not been waived; or

(c) any interest payments were not capitalised.

(4) A
"gift" does not include—

(a) the disposition of property under a will; or

(b) a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or

(c) an amount paid to a political party as a subscription for a person’s membership of, or affiliation with, the party; or

(d) the provision of voluntary labour; or

(e) the incidental or ancillary use of—

(i) a volunteer’s vehicle or equipment; or

(ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer.

(5) A reference in this part to a gift does not include a a gift made in a private capacity to an individual for the individual’s personal use if the individual has not used, does not use and does not intend to use the gift solely or substantially for a purpose related to an election.

223 Insertion of new s 107A

After section 107 —

insert—

107A Meaning of fundraising contribution

(1) A
"fundraising contribution" is an amount paid by a person as a contribution, entry fee or other payment to entitle the person or another person to participate in, or otherwise obtain a benefit from, a fundraising venture or function.

(2) Without limiting subsection (1), a
"fundraising contribution" includes—

(a) an amount paid for a raffle ticket; and

(b) an amount paid for an item at a fundraising auction.

(3) An amount mentioned in subsection (1) is a fundraising contribution whether or not the venture or function to which the payment relates raises funds for an entity.

224 Amendment of s 108 (Meaning of value of gifts)

Section 108 (d) —

omit, insert—

(d) if the gift is a fundraising contribution—the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.

225 Replacement of s 109 (Meaning of relevant details for gifts)

Section 109 —

omit, insert—

109 Meaning of relevant details for a gift or loan

(1) All of the following are
"relevant details" for a gift or loan—

(a) the value of the gift or loan;

(b) when the gift or loan was made;

(c) for a loan—the terms of the loan;

(d) if the person making the gift or loan has an interest in a local government matter that is greater than that of other persons in the local government area—

(i) that fact; and

(ii) the nature of the person’s interest;

(e) for a gift or loan made by an individual—

(i) the individual’s name and residential or business address; and

(ii) the individual’s occupation; and

(iii) if the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged;

(f) for a gift or loan made by a corporation—

(i) the corporation’s name; and

(ii) the names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and

(iii) if the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and

(iv) a description of the type of business the corporation carries on;

(g) for a gift or loan made on behalf of the members of an unincorporated association—

(i) the association’s name; and

(ii) unless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association;

(h) for a gift or loan made out of a trust fund or out of the funds of a foundation—

(i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and

(ii) the name or other description of the trust fund or foundation; and

(iii) if the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person;

(i) for a gift or loan not mentioned in paragraph (e), (f), (g) or (h)—the name and residential or business address of the person who made the gift or loan.

(2) If a gift or loan is made by an entity that is not the source of the gift or loan, the
"relevant details" for the gift or loan include—

(a) that fact; and

(b) the details mentioned in subsection (1)(d) to (i) for the entity that is the source of the gift or loan.

(3) In this section—
"holding company", of a corporation, see the Corporations Act, section 9.
"local government matter", in relation to a local government, means—

(a) a transaction, contract or other arrangement entered into by the local government; or

(b) another matter to be decided or otherwise dealt with by the local government.

226 Insertion of new s 112A

After section 112 —

insert—

112A When expenditure is incurred

(1) For this part, expenditure is incurred when the goods or services for which the expenditure is incurred are delivered or provided.

(2) Without limiting subsection (1)—

(a) expenditure on advertising is incurred when the advertisement is broadcast or published; and

(b) expenditure on the production and distribution of material for an election is incurred when the material is distributed.

(3) A regulation may prescribe when expenditure of another kind is incurred.

227 Amendment of s 113A (Meaning of political donation)

Section 113A (4) —

omit, insert—

(4) Despite section 107(4)(b), a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.

(5) Despite section 107(4)(c), a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—

(a) an amount paid as a subscription for a person’s membership of the party;

(b) an amount paid for a person’s affiliation with the party.

(6) In this section—
"electoral expenditure" means expenditure incurred for the purposes of a campaign for an election, whether or not the expenditure is incurred during the election period for the election.

228 Omission of pt 6, div 2 (Disclosure periods)

Part 6, division 2 —

omit.

229 Replacement of pt 6, div 3, hdg (Disclosure by candidates)

Part 6, division 3, heading—

omit, insert—

230 Insertion of new s 118A

After section 118 —

insert—

118A Gifts to third parties to enable political expenditure

(1) This section applies to a third party for an election if—

(a) the third party receives a gift of a value of $500 or more from an entity during the disclosure period for an election; and

(b) the entity that is the source of the gift intended the gift to be used, wholly or in part—

(i) by the recipient of the gift to incur political expenditure; or

(ii) as reimbursement for political expenditure incurred by the recipient of the gift; and

(c) the third party used the gift, wholly or in part—

(i) to incur political expenditure for the election; or

(ii) as reimbursement for political expenditure for the election incurred by the third party.

(2) The third party must give the electoral commission a return about the gift by the disclosure date for the return.

(3) The return must—

(a) be in the approved form; and

(b) state the relevant details for the gift.

(4) Also, the third party must give the electoral commission a return, in the approved form, within the required period for the election that states—

(a) the total value of all gifts received by the party during the disclosure period; and

(b) the number of entities that made the gifts.

(5) For subsection (1)(a), the value of a gift made to the third party by an entity is taken to include the value of all other gifts made to the third party by the same entity during the disclosure period.

(6) In this section—
"political expenditure", for an election, means expenditure mentioned in section 125A(1)(a), (b) or (c) for the election.

231 Amendment of s 119 (Particular gifts not to be received)

(1) Section 119, heading—omit, insert—

119 Receiving anonymous gifts prohibited

(2) Section 119 (3) —omit.

(3) Section 119 (4) and (5) —renumber as section 119 (3) and (4).

232 Insertion of new pt 6, div 3, sdiv 2 hdg

After section 119 —

insert—

233 Amendment of s 120 (Loans to candidates or groups of candidates)

Section 120 (6) (b) to (e) —

omit, insert—

(b) state the relevant details for the loan.

234 Amendment of s 121 (Particular loans not to be received)

(1) Section 121 (4) —omit,

(2) Section 121 (5) —renumber as section 121 (4).

235 Insertion of new pt 6, div 3, sdiv 3

After section 121 —

insert—

236 Insertion of new pt 6, div 3, sdiv 4 hdg

After section 121 —

insert—

237 Replacement of s 122 (Electoral commission to give reminder notice to candidates)

Section 122 —

omit, insert—

122 Requirement to notify the public about disclosure obligations

(1) This section applies if any of the following are required, under this division, to give the electoral commission a return about a gift or loan—

(a) a candidate;

(b) the agent for a group of candidates;

(c) a third party for an election.

(2) The candidate, agent or third party must take reasonable steps to notify the public that the candidate, agent or third party is required to—

(a) give the return to the electoral commission; and

(b) state the relevant details for the gift or loan in the return.

• publishing a notice on a website

• including a notice on a brochure distributed in the local government area or division or a local government area for which a candidate has been nominated for election

Maximum penalty—1 penalty unit.

(3) A notification under subsection (2) must include a fair summary of the provisions under which the requirement arises.

122A Requirement to notify third party of obligation to give return under s 125A

(1) This section applies if—

(a) a candidate or group of candidates receives a gift—

(i) of a value of $500 or more; and

(ii) comprised of expenditure mentioned in section 125A(1) incurred by a third party for an election; or

(b) a third party for an election receives a gift mentioned in section 118A(1)(a) from another third party for the election.

(2) Within 7 business days after receiving the gift, the recipient must give the third party who gave the gift a notice that states the third party may be required, under section 125A, to give a return about the gift. Maximum penalty—20 penalty units.

238 Replacement of pt 6, div 4 (Disclosure by third parties)

Part 6, division 4 —

omit, insert—

239 Amendment of pt 6, div 6, hdg (Gifts register)

Part 6, division 6, heading—

omit, insert—

240 Amendment of s 128 (Register of gifts)

(1) Section 128, heading—omit, insert—

128 Electoral commission must publish returns and other documents

(2) Section 128 (1) —omit.

(3) Section 128 (2), all words before paragraph (a) —omit, insert—The electoral commission must publish the following returns and other documents on its website—

(4) Section 128 —insert—

(3) A return or other document must be published within 5 business days after it is given to the commission.

(4) However, if publishing a return or other document would disclose any of the following information, the electoral commission must publish a copy of the return or document from which the information has been deleted—

(a) the address of a silent elector;

(b) a copy of, or extract from, a bank statement mentioned in section 124(3)(d) that accompanied a return given under that section;

(c) information prescribed by regulation for this subsection.

(5) Section 128 (2) to (4) —renumber as section 128 (1) to (3).

241 Replacement of s 129 (Access to gifts register)

Section 129 —

omit, insert—

129 Access to published returns and other documents The electoral commission must ensure that the public may inspect a return or other document published under section 128—

(a) at the commission’s public office; and

(b) on the commission’s website.

242 Amendment of s 130 (Queries on contents of gifts register)

Section 130, heading, ‘gifts register’—

omit, insert—

return

243 Insertion of new s 130A

Part 6, division 7, before section 131 —

insert—

130A Electoral commission must give reminder notice about requirement for return

(1) This section applies if a person—

(a) is required to give the electoral commission a return under division 3 or 4; and

(b) has not given the return to the electoral commission by the reminder day.

(2) As soon as practicable after the reminder day, the electoral commission must give the person a written notice that states—

(a) the person is required to give the return; and

(b) the provision of this division under which the return is required to be given; and

(c) the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return—

(i) the Local Government Act 2009, sections 153 and 175K and the City of Brisbane Act 2010, sections 153 and 186B;

(ii) section 117;

(iii) section 118;

(iv) section 118A;

(v) section 120;

(vi) section 125A;

(vii) section 131(6);

(viii) section 162A;

(ix) section 195;

(x) section 197.

(3) In this section—
"reminder day", for an election, means the day that is 10 weeks after—

(a) the polling day for the election; or

(b) if no poll is conducted for the election—the day a poll would have been held under this Act.

244 Amendment of s 131 (Inability to complete returns)

Section 131 —

insert—

(6) For this section, a person who is required to give a return under this part, or particulars under subsection (3), in relation to a gift or loan made to an election participant is presumed to know the following matters, unless the contrary is proven—

(a) that the gift or loan was made to the election participant;

(b) the identity of the entity that is the source of the gift or loan.

(7) In this section—
"election participant" means—

(a) a candidate in an election; or

(b) a group of candidates for an election; or

(c) a third party to which section 118A or 125A applies for an election.

245 Amendment of s 132 (Amendment of returns)

Section 132 (3) (b) —

omit, insert—

(b) publish, under section 128, the amended return and the day and time the amendment was made.

246 Insertion of new s 162A

After section 162 —

insert—

162A Knowledge about gift or loan presumed

(1) In a proceeding for an offence against this Act relating to a gift or loan made to an election participant, the participant is presumed to know the following matters unless the contrary is proven—

(a) that the gift or loan was made to the election participant;

(b) the identity of the entity that is the source of the gift or loan.

(2) If the gift or loan mentioned in subsection (1) is made to a group of candidates for an election, the agent of the group is also presumed to know the matters mentioned in subsection (1)(a) and (b) unless the contrary is proven.

(3) In this section—
"election participant" means—

(a) a candidate in an election; or

(b) a group of candidates for an election; or

(c) a third party to which section 118A or 125A applies for an election; or

(d) an agent of a group of candidates.

247 Amendment of s 179 (Giving of how-to-vote cards to electoral commission)

Section 179 (3) (b) —

omit, insert—

(b) the electoral commission is satisfied, on reasonable grounds, that the how-to-vote card—

(i) is likely to mislead or deceive an elector in voting under this Act; or

(ii) constitutes a group campaign activity relating to a candidate who is not a member of a group of candidates, in contravention of section 183.

248 Replacement of s 183 (Offence for group of candidates to advertise or fundraise if particular requirements not complied with)

Section 183 —

omit, insert—

183 Engaging in group campaign activities

(1) A person must not engage in a group campaign activity for an election, unless the activity relates to—

(a) candidates who are members of a group of candidates for the election, as stated in the record for the group published under section 41(4); or

(b) candidates who are endorsed by the same political party for the election.

Maximum penalty—100 penalty units.

(2) A
"group campaign activity" is any of the following activities for an election campaign, if the activity is carried out in an intentionally coordinated way by or for 2 or more candidates for the election—

(a) using a common platform to promote the election of the candidates, including, for example, the same political policies;

(b) using any of the following in relation to the candidates—

(i) the same advertisements, including pamphlets, billboards and any other media;

(ii) the same campaign slogans;

(iii) the same brands or images;

(iv) the same how-to-vote cards;

(v) other election material that promotes the election of the candidates;

(c) participating in the same fundraising activities or events;

(d) sharing the same resources for election campaigns, including human resources (other than volunteers), between the candidates;

(e) giving or sharing gifts or loans between the candidates;

(f) another activity prescribed by regulation for this section.

• a person erecting electoral signs with the names or images of 2 or more candidates

• a candidate giving a donation to another candidate or group of candidates during a campaign

• a candidate publishing a notice or letter on a website encouraging electors to vote for another candidate or group of candidates

(3) A proceeding for an offence against subsection (1) must be brought within 4 years after the commission of the offence.

249 Insertion of new s 195A

After section 195 —

insert—

195A False or misleading information about gift

(1) A person must not publish information about a gift made to, or received by, any of the following election participants that the person knows is false or misleading in a material particular—

(a) a candidate in an election;

(b) a group of candidates for an election;

(c) a registered political party;

(d) an associated entity;

(e) a third party to which section 118A or 125A applies for an election.

Maximum penalty—20 penalty units.

(2) A person does not commit an offence against subsection (1) if the information published is a true copy, or fair summary, of information in a return published by the electoral commission under section 128.

250 Amendment of s 196 (Records to be kept)

Section 196 (2), definition
"relevant record", paragraph (b), from ‘in part,’—

omit, insert—

in part—

(i) to incur political expenditure mentioned in section 125A(1) for the election; or

(ii) as reimbursement for political expenditure mentioned in section 125A(1) for the election incurred by the receiver.

251 Insertion of new pt 11, div 4, sdiv 2

Part 11, division 4 —

insert—

216 Disclosure period for an election

(1) A reference in section 106A to an election held before the polling day for the election to which the section applies, or the last quadrennial election, includes an election held before the commencement.

(2) A reference in section 106A to a nomination as a candidate in an election, or an announcement or other indication of a person’s intention to be a candidate in an election, includes a nomination, announcement or other indication made before the commencement.

217 Disclosure obligations for councillors

(1) This section applies to a person who, on the commencement, is a candidate for an election under part 6 if, immediately before the commencement, the person was—

(a) a councillor; or

(b) another person who was not a candidate for the election.

(2) For part 6, the disclosure period for the candidate is taken to start on the commencement.

(3) Within 14 days after the commencement, the candidate must give a return under part 6 for any gifts or loans received by the candidate for the period—

(a) starting 30 days after the polling day for the most recently held election for which the councillor was a candidate; and

(b) ending on the commencement.

(4) However, subsection (3) does not apply in relation to a gift or loan that is the subject of a return given to the electoral commission under part 6 before the commencement.

(5) Part 9, division 5 applies in relation to the candidate as if a reference in the division to part 6 included a reference to this section.

218 Disclosure obligations for electoral expenditure

(1) This section applies to the following, each an
"election participant", for applying part 6, division 4 in relation to an election to be held after the commencement—

(a) a candidate in the election;

(b) a group of candidates for the election;

(c) a registered political party;

(d) an associated entity;

(e) a third party to which section 125A applies for the election.

(2) It is immaterial whether the election participant incurred electoral expenditure for the election before or after the commencement.

(3) If, under section 106A, the election participant’s disclosure period for the election, other than for this section, started before the introduction day, the disclosure period for the election, for a provision of part 6, division 4, is taken to have started on the introduction day.

(4) Within 14 days after the commencement, the election participant must give a return under part 6, division 4 for any electoral expenditure the participant incurred during the period—

(a) starting on the introduction day; and

(b) ending on the commencement.

(5) Part 9, division 5 applies in relation to the election participant as if a reference in the division to part 6 includes a reference to this section.

(6) In this section—
"introduction day" means the day the Bill for the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Act 2019 was introduced into the Legislative Assembly.

252 Insertion of new sch 1

Before schedule 2 —

insert—

253 Amendment of sch 2 (Dictionary)

(1) Schedule 2, as numbered by this Act, definitions
"agent",
"candidate",
"candidate’s disclosure period",
"electoral expenditure",
"gifts register",
"group of candidates",
"group’s disclosure period",
"political activity" and
"third party" —omit.

(2) Schedule 2, as numbered by this Act—insert—
"agent" —

(a) of a group of candidates—means the agent for the group recorded in a register of group agents under section 43; or

(b) of a registered political party—means the party’s agent under the Electoral Act 1992.

"candidate" —

(a) means a person whose nomination as a candidate for an election has been certified by the returning officer under section 27(3)(a); and

(b) for part 4, division 2, subdivision 3 and parts 6 and 9—includes another person who—

(i) is an elected or appointed councillor at any time during the disclosure period mentioned in section 106A for a candidate; or

(ii) has announced or otherwise publicly indicated an intention to be a candidate in the election; or

(iii) has otherwise indicated the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.

"dedicated account" means—

(a) for a candidate in an election—an account the candidate must operate under section 126; or

(b) for a group of candidates for an election—an account the group must operate under section 127.

"disclosure period", for an election, for part 6—

(a) for a candidate in the election—see section 106A(1); or

(b) for a group of candidates in the election or a third party to which section 118A or 125A applies for the election—see section 106A(3).

"disposition of property" means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, including, for example—

(a) the allotment of shares in a company; and

(b) the creation of a trust in property; and

(c) the grant or creation of a lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and

(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action, or of an interest in property; and

(e) the exercise by a person of a general power of appointment of property in favour of another person; and

(f) any transaction entered into by a person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of another person.

"electoral expenditure", for part 6, see section 123.
"fundraising contribution", for part 6, see section 107A.
"group campaign activity" see section 183(2).
"recipient", of a gift or loan, for part 6, see section 106.
"silent elector" see the Electoral Act 1992, section 2.
"source", for part 6—

(a) of a gift—see section 121A(1); or

(b) of a loan—see section 121A(2).

"third party", for an election, for part 6, see section 106.

(3) Schedule 2, as numbered by this Act—insert—
"close associate", for schedule 1, see schedule 1, section 2.
"contractual arrangement", for schedule 1, see schedule 1, section 1.
"contractual process", for schedule 1, see schedule 1, section 1.

(4) Schedule 2, as numbered by this Act, definition
"formal ballot paper", paragraph (a), ‘optional-preferential’—omit, insert—full-preferential

(5) Schedule 2, as numbered by this Act, definition
"how-to-vote card", paragraph (a), ‘optional-preferential’—omit, insert—full-preferential

(6) Schedule 2, as numbered by this Act, definition
"informal ballot paper", paragraph (a), ‘optional-preferential’—omit, insert—full-preferential