2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Legislation Amendment Bill 2007

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Offences against Act—application of Criminal Code etc
Section 3A, note 1, new dot points	2
	5	Meaning of electoral matter
New section 4 (3)	2
	6	Investigation of objections
Section 49 (2) (a)	3
	7	Enrolment etc
Section 76 (3) and (4)	3
	8	Section 87	3
	9	Application for registration of political party
New section 89 (1) (g) and (1A)	4
	10	Notification and publication of applications
Section 91 (2) (b)	5
	11	Section 91 (5)	5
	12	Refusal of applications for registration
New section 93 (1) (d)	5
	13	Section 93 (2) (h)	5
	14	Grouping of candidates’ names 
Section 115 (2) and (3)	6
	15	Approval of computer program for electronic voting and vote counting
Section 118A (1) and (2)	6
	16	Definitions for div 10.4
Section 136 (1), definition of eligible elector	7
	17	Applications for postal voting papers
Section 136A (1) and (2)	7
	18	Section 136A (3)	8
	19	Ordinary or declaration voting in ACT before polling day
Section 136B (1)	8
	20	Section 136B (5)	9
	21	Section 136B (7)	9
	22	Section 136B (8) (b)	9
	23	Section 136B (17)	10
	24	Section 136B (19)	10
	25	Section 136B (20) (b)	10
	26	Declaration voting outside ACT on or before polling day
Section 136C (1)	11
	27	Section 136C (5) and (7)	11
	28	Section 136C (7) (a) and (b)	11
	29	Section 136C (8) (b)	12
	30	Soliciting applications for postal declaration votes 
New section 143 (1A)	12
	31	Section 143 (3)	12
	32	Notice of casual vacancy
New section 191 (2) (c)	12
	33	Determination of candidate to fill vacancy
Section 194 (2)	13
	34	Definitions for pt 14
Section 198, new definition of fundraising event	13
	35	Section 198, definition of gift	14
	36	Section 198, definition of non-party group	15
	37	Activities of campaign committees
Section 200 (1)	15
	38	Disclosure periods 
Section 201 (2), definition of disclosure day, paragraphs (d) and (e)	15
	39	Appointed agents
Section 203 (1)	15
	40	Section 203 (2) (b) (ii)	15
	41	Non-appointed agents
Section 204 (3)	15
	42	Registers of reporting agents
Section 205 (1)	16
	43	Section 205 (2)	16
	44	Section 206	16
	45	Entitlement to funds
Section 207 (2)	16
	46	Making of payments
Section 212 (2)	16
	47	Section 212 (3)	17
	48	Death of candidate
Section 214 (2)	17
	49	Division 14.4 heading	17
	50	Section 217	17
	51	Disclosure of gifts—non-party groups
Section 218	18
	52	Certain loans not to be received
Section 218A (1)	18
	53	Section 218A (5)	18
	54	Section 218A (7), definition of relevant person, paragraph (b)	19
	55	Section 218A (7), definition of relevant person, paragraphs (c), (d) and (e)	19
	56	Nil returns
Section 219	19
	57	Sections 220 and 221	19
	58	Section 221A heading	22
	59	Section 221A (1)	22
	60	Section 221A (2) (a)	22
	61	Section 221A (2)	23
	62	Section 221A (6)	23
	63	Advice about obligations to make returns
Section 221B (1)	23
	64	Section 221B (1)	24
	65	Anonymous gifts
Section 222 (1)	24
	66	Section 222 (2) (b)	24
	67	Section 222 (3)	24
	68	Section 222 (6)	24
	69	Section 222 (7), new definition of anonymous gift	25
	70	Section 222 (7), definition of gift	25
	71	Section 222 (7), definition of prescribed amount	25
	72	Section 222 (7), definition of relevant person, paragraph (b)	25
	73	Definitions for div 14.5
Section 223, definition of electoral expenditure, paragraph (b)	26
	74	Section 223, definition of electoral expenditure, paragraph (e)	26
	75	Section 223, definition of participant, paragraph (a)	26
	76	Returns of electoral expenditure
Section 224 (1)	26
	77	Section 224 (2)	26
	78	Section 224 (3)	27
	79	Section 224 (4)	27
	80	Section 224 (4)	27
	81	Nil returns
Section 225 (2)	27
	82	Returns by broadcasters and publishers
Section 226 (1) (b), (2) (a) and (3) (b)	27
	83	Section 226 (4)	28
	84	Meaning of defined particulars for div 14.6
Section 228, definition of defined particulars, new paragraph (ca)	28
	85	Annual returns by parties and MLAs 
Section 230 (6) (b)	28
	86	Section 230 (6) (e)	28
	87	New section 230 (6A)	29
	88	Section 231A	29
	89	Section 231C	29
	90	Amounts received 
Section 232 (1) and (2)	30
	91	Offences
Section 236 (3)	30
	92	Noncompliance with pt 14
Section 241 (2) (b)	31
	93	Copies of returns to be available for public inspection 
Section 243 (1)	31
	94	Section 243 (2) and (3)	31
	95	Section 289 heading	32
	96	Section 289 (1)	32
	97	Section 289 (2), new definition of gift	32
	98	Definitions for div 17.3
Section 291, definition of address	32
	99	Section 291, definition of reportage or commentary	33
	100	Sections 292 to 296	33
	101	Defamation of candidates
Section 300	37
	102	Evidence of authorisation of electoral matter
Section 306 (b)	37
	103	New section 315A	37
	104	New part 30	38
	105	Preliminary scrutiny of declaration voting papers
Schedule 3, clause 4	39
	106	Exclusion of candidates 
Schedule 4, clause 8 (2) (a) and (b)	39
	107	Dictionary, definition of address	40
	108	Dictionary, definition of defined details	40
	109	Dictionary, definition of eligible elector	40
	110	Dictionary, new definition of fundraising event	40
	111	Dictionary, definition of group	41
	112	Dictionary, new definition of news publication	41
	113	Dictionary, definition of non-party group	41
	114	Dictionary, definition of related	41
Schedule 1	Electoral Act 1992—technical amendments	42
Schedule 2	Amendments of Electoral Regulation 1993	49
Schedule 3	Amendments of Referendum (Machinery Provisions) Act 1994	50

2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Legislation Amendment Bill 2007

A Bill for
An Act to amend the Electoral Act 1992 and the Referendum (Machinery Provisions) Act 1994, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Electoral Legislation Amendment Act 2007.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Electoral Act 1992.
Note	This Act also amends the following legislation:
·	Electoral Regulation 1993 (see sch 2)
·	Referendum (Machinery Provisions) Act 1994 (see sch 3).
4	Offences against Act—application of Criminal Code etc
Section 3A, note 1, new dot points
insert
·	s 292 (Dissemination of unauthorised electoral matter)
·	s 296 (Advertorials)
·	s 315A (Ballot papers—photographs)
5	Meaning of electoral matter
New section 4 (3)
insert
	(3)	However, a publication of the Assembly (including a committee of the Assembly) is not electoral matter.
6	Investigation of objections
Section 49 (2) (a)
omit
; and
substitute
; or
7	Enrolment etc
Section 76 (3) and (4)
substitute
	(3)	A claim must be—
	(a)	signed as required for an enrolment claim under the Commonwealth Electoral Act; and
	(b)	given to the commissioner.
Note 1	If a form is approved under s 340A for a claim, the form must be used.
Note 2	For how documents may be given, see the Legislation Act, pt 19.5.
	(4)	The identity of the claimant must be verified in the same way as the identity of a claimant for an enrolment under the Commonwealth Electoral Act must be verified.
8	Section 87
substitute
87	Definitions—pt 7
In this part:
address of a person who is, or is nominated to be, the registered officer of a political party means—
	(a)	the person’s home address; or
	(b)	the person’s business address (other than a post office box); or
	(c)	an address of the party (other than a post office box).
related—2 political parties are taken to be related if—
	(a)	one is a part of the other; or
	(b)	both are parts of the same political party. 
9	Application for registration of political party
New section 89 (1) (g) and (1A)
insert
	(g)	if the party’s name, or any abbreviation of the party’s name that the party intends to use for this Act, includes the name of a particular living person—be accompanied by a written notice, signed by the person, that—
	(i)	states an address for the person or indicates that the person’s address is suppressed; and
	(ii)	states that the person consents to the use of the person’s name in the party’s name or abbreviation. 
	(1A)	However, a notice is not required under subsection (1) (g) if the use of the person’s name in the party’s name or abbreviation does not suggest that there is a connection between the party and the person.
Example
a name that suggests the party is opposed to the named person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
10	Notification and publication of applications
Section 91 (2) (b)
substitute
	(b)	state that a copy of each of the following is available for public inspection at the commissioner’s office:
	(i)	the application;
	(ii)	the party’s constitution;
	(iii)	if the application was accompanied by a notice under section 89 (1) (g)—the notice; and
11	Section 91 (5)
substitute
	(5)	The commissioner must make a copy of each of the following available for public inspection at the commissioner’s office:
	(a)	the application;
	(b)	the party’s constitution;
	(c)	if the application was accompanied by a notice under section 89 (1) (g)—the notice.
12	Refusal of applications for registration
New section 93 (1) (d)
insert
	(d)	the party’s name, or any abbreviation of the party’s name that the party intends to use for this Act, includes the name of a particular living person and the application is not accompanied by the notice (if required) under section 89 (1) (g).
13	Section 93 (2) (h)
omit
14	Grouping of candidates’ names
Section 115 (2) and (3) 
omit
15	Approval of computer program for electronic voting and vote counting
Section 118A (1) and (2)
substitute
	(1)	The commissioner may approve 1 or more computer programs for any of the following:
	(a)	to allow electronic voting in an election;
	(b)	to perform steps in the scrutiny of votes in an election.
	(2)	The commissioner may approve a program under subsection (1) (a) only if the program will—
	(a)	allow an elector to show consecutive preferences starting at ‘1’; and
	(b)	give an elector an opportunity to correct any mistakes before processing the elector’s vote; and
	(c)	allow an elector to make an informal vote showing no preference for any candidate; and
	(d)	not allow a person to find out how a particular elector cast his or her vote.
	(2A)	The commissioner may approve a program under subsection (1) (b) only if—
	(a)	the proper use of the program would give the same result in the scrutiny of votes in an election as would be obtained if the scrutiny were conducted without using the program; and
	(b)	the program—
	(i)	will not allow a person to find out how a particular elector cast his or her vote; and
	(ii)	is designed to pause while the commissioner makes a determination by lot required by schedule 4; and
	(iii)	can produce indicative distributions of preferences at any time after the close of the poll and before the declaration of the poll.
16	Definitions for div 10.4
Section 136 (1), definition of eligible elector
omit
17	Applications for postal voting papers
Section 136A (1) and (2)
substitute
	(1)	In this section:
eligible elector, for an election, means an elector who is entitled to vote at the election and—
	(a)	who expects to be unable to attend—
	(i)	at a polling place on polling day; or
	(ii)	at a place where a vote may be made before an officer under section 136B before polling day; or
	(b)	whose address is a suppressed address.
	(2)	An eligible elector for an election (or a person authorised by the eligible elector) may apply to an authorised officer for declaration voting papers for postal voting (postal voting papers) for the election.
	(2A)	The application may be made orally or in writing.
	(2B)	The application must include a declaration that the applicant is an eligible elector for the election.
	(2C)	The application must be received by an authorised officer before 8 pm on the day before polling day.
18	Section 136A (3)
omit
from a person claiming to be an eligible voter
substitute
from, or on behalf of, a person claiming to be an eligible elector
19	Ordinary or declaration voting in ACT before polling day
Section 136B (1)
substitute
	(1)	In this section:
eligible elector, for an election, means an elector who is entitled to vote at the election and—
	(a)	who expects to be unable to attend at a polling place on polling day; or
	(b)	whose address is a suppressed address.
relevant period means the period—
	(a)	beginning on the 3rd Monday before polling day or, if that Monday is a public holiday in the ACT, the next business day; and
	(b)	ending at 8 pm on the day before polling day.
20	Section 136B (5)
substitute
	(5)	If this section applies, the officer must issue a ballot paper for the relevant electorate to the person if satisfied that the certified list of electors for the electorate—
	(a)	states the person’s name; and
	(b)	states an address for the person or indicates that the person’s address is suppressed; and
	(c)	has not been marked so as to indicate that a ballot paper has already been issued to the person.
21	Section 136B (7)
omit
a claimant
substitute
the person
22	Section 136B (8) (b)
omit
elector
substitute
person
23	Section 136B (17)
omit
elector
substitute
person
24	Section 136B (19)
substitute
	(19)	If an authorised officer issues declaration voting papers to the person, the officer must—
	(a)	give the person a written statement indicating the consequences of casting a declaration vote under this section; and
	(b)	record the person’s name.
Note	If a form is approved under s 340A for a statement, the form must be used.
25	Section 136B (20) (b)
omit
elector
substitute
person
26	Declaration voting outside ACT on or before polling day
Section 136C (1)
substitute
	(1)	In this section:
eligible elector, for an election, means an elector who is entitled to vote at the election and—
	(a)	who expects to be unable to attend at a polling place on polling day; or
	(b)	whose address is a suppressed address.
relevant period means the period—
	(a)	beginning on the 3rd Monday before polling day or, if that Monday is a public holiday in the ACT, the next business day; and
	(b)	ending at 6 pm in the ACT on polling day.
27	Section 136C (5) and (7)
omit
elector
substitute
person
28	Section 136C (7) (a) and (b)
omit
claimant
substitute
person
29	Section 136C (8) (b)
omit
elector
substitute
person
30	Soliciting applications for postal declaration votes 
New section 143 (1A)
before subsection (1), insert
	(1A)	A person commits an offence if the person—
	(a)	applies for declaration voting papers for postal voting for an election for someone else; and
	(b)	does not have the other person’s consent to make the application.
Maximum penalty:  30 penalty units.
31	Section 143 (3)
omit
32	Notice of casual vacancy
New section 191 (2) (c)
insert
	(c)	state the time and place for a recount, if required under section 194, of the ballot papers counted for the former MLA at the last election at which he or she was elected.
33	Determination of candidate to fill vacancy
Section 194 (2)
substitute
	(2)	If there is more than 1 candidate in relation to a casual vacancy, the commissioner must, after making a declaration under section 193 (1) (a), conduct the recount in accordance with schedule 4, part 4.3.
	(2A)	The recount must be conducted, as far as practicable, at the time and place stated for the recount in the notice under section 191 (2).
34	Definitions for pt 14
Section 198, new definition of fundraising event
insert
fundraising event means any of the following held to raise funds:
	(a)	a breakfast, lunch or dinner;
	(b)	a morning tea, afternoon tea, barbecue or cocktail party;
	(c)	an auction (including a dutch auction);
	(d)	a raffle or lucky envelope sale;
	(e)	a game or quiz night;
	(f)	a tipping competition;
	(g)	a concert;
	(h)	a theatre party;
	(i)	a fair or fete;
	(j)	a conference or seminar;
	(k)	a tour or trip;
	(l)	a ball or dance;
	(m)	an art, craft or fashion exhibition;
	(n)	an event in which fundraising participants are sponsored by someone else;
	(o)	a meeting of 2 or more people where at least 1 person has paid to attend the meeting;
	(p)	any other event prescribed by regulation.
35	Section 198, definition of gift
substitute
gift—
	(a)	means a disposition of property made by a person to someone else without consideration in money or money’s worth or with inadequate consideration; and
	(b)	includes—
	(i)	the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration; and
	(ii)	a payment made at or for a fundraising event;
	(iii)	a subscription paid to an associated entity by a person in relation to the person’s membership of the entity; but
	(c)	does not include—
	(i)	a disposition of property under a will; or
	(ii)	a payment under division 14.3 (Election funding); or
	(iii)	a subscription paid to a party by a person in relation to the person’s membership of the party; or
	(iv)	for division 14.4 (Disclosure of gifts) and in relation to a candidate—a gift made to or received by the candidate for the benefit of a party of which the candidate is a member.
36	Section 198, definition of non-party group
omit
37	Activities of campaign committees
Section 200 (1)
omit
division 14.4 (Disclosure of donations)
substitute
division 14.4 (Disclosure of gifts)
38	Disclosure periods
Section 201 (2), definition of disclosure day, paragraphs (d) and (e) 
omit
39	Appointed agents
Section 203 (1)
omit
non-party group,
40	Section 203 (2) (b) (ii)
omit
41	Non-appointed agents
Section 204 (3)
omit
42	Registers of reporting agents
Section 205 (1)
omit
agents
insert
reporting agents
43	Section 205 (2)
omit
non-party group and
44	Section 206
substitute
206	Who eligible votes are cast for
For this division, an eligible vote cast for a party candidate is taken to be cast for the party and not for the candidate.
45	Entitlement to funds
Section 207 (2)
omit
, non-party group
46	Making of payments
Section 212 (2)
omit
47	Section 212 (3)
omit
and was not a member of a non-party group
48	Death of candidate
Section 214 (2)
substitute
	(2)	If a candidate mentioned in subsection (1) was not endorsed by a party for the election, the payment may be made to the legal personal representative of the candidate.
49	Division 14.4 heading
substitute
Division 14.4	Disclosure of gifts
50	Section 217
substitute
217	Disclosure of gifts received in disclosure period—candidates other than MLAs
	(1)	This section applies to a candidate in an election who was not an MLA immediately before polling day for the election.
	(2)	The reporting agent for the candidate must give the commissioner a return within 8 weeks after polling day for the election.
Note 1	If a form is approved under 340A for a return, the form must be used.
Note 2	For how a return may be given, see the Legislation Act, pt 19.5.
	(3)	The return must state the following matters in relation to the disclosure period for the election:
	(a)	the total amount of all gifts received by the candidate;
	(b)	if the sum of all gifts received by the candidate from a particular person or organisation is $1 500 or more—
	(i)	the amount of the sum; and 
	(ii)	the defined details.
	(4)	In working out the sum for subsection (3) (b), an amount of $100 or less received at or for a fundraising event need not be counted.
	(5)	If no gifts of a kind required to be disclosed were received by the candidate, the return must include a statement to that effect.
	(6)	In this section:
gift does not include a gift that—
	(a)	is made in a private capacity to the candidate for the candidate’s personal use; and
	(b)	the candidate has not used, and will not use, solely or substantially for a purpose related to an election.
51	Disclosure of gifts—non-party groups
Section 218
omit
52	Certain loans not to be received
Section 218A (1)
omit
non-party group,
53	Section 218A (5)
omit
54	Section 218A (7), definition of relevant person, paragraph (b)
omit
55	Section 218A (7), definition of relevant person, paragraphs (c), (d) and (e)
omit
gift
substitute
loan
56	Nil returns
Section 219
omit
57	Sections 220 and 221
substitute
220	Disclosure of gifts received in disclosure period—people incurring political expenditure
	(1)	This section applies if a person (other than a party, candidate or associated entity) (the first person)—
	(a)	incurs expenditure of $1 500 or more for a political purpose during the disclosure period for an election; and
	(b)	receives from someone else 1 or more gifts totalling $1 500 or more all or part of each of which was used by the first person to—
	(i)	enable the first person to incur expenditure for a political purpose during the disclosure period; or
	(ii)	reimburse the first person for incurring expenditure for a political purpose during the disclosure period.
	(2)	The first person must give the commissioner a return within 8 weeks after polling day for the election.
Note 1	If a form is approved under s 340A for a return, the form must be used.
Note 2	For how a return may be given, see Legislation Act, pt 19.5.
	(3)	The return must state the following matters in relation to the disclosure period:
	(a)	the total amount of all gifts mentioned in subsection (1) (b) received by the first person; 
	(b)	if the sum of all gifts mentioned in subsection (1) (b) received by the first person from a particular person or organisation is $1 500 or more—
	(i)	the amount of the sum; and 
	(ii)	the defined details.
	(5)	A person incurs expenditure for a political purpose if the person incurs expenditure in relation to—
	(a)	publishing electoral matter (including publishing by radio or television); or
	(b)	otherwise publishing a view on an issue in an election; or
	(c)	making a gift to a candidate, party or associated entity; or
	(d)	making a gift to a person on the understanding that the person or another person will apply, directly or indirectly, the whole or part of the gift in a way mentioned in paragraph (a), (b) or (c).
	(6)	A person is taken to have incurred expenditure for a political purpose if, during the disclosure period for an election, the person incurs expenditure in relation to that or any other election.
	(7)	In this section:
gift does not include a payment of $100 or less made at or for a fundraising event.
221	Disclosure of gifts made to candidates in disclosure period
	(1)	This section applies if, during the disclosure period for an election, a person (other than a party, candidate or associated entity) makes 1 or more gifts totalling $1 500 or more to the same candidate in the election or the same declared body.
	(2)	The person must give the commissioner a return within 8 weeks after polling day for the election.
Note 1	If a form is approved under s 340A for a return, the form must be used.
Note 2	For how a return may be given, see Legislation Act, pt 19.5.
	(3)	The return must state the following matters for each candidate or declared body to which the person made gifts mentioned in subsection (1):
	(a)	the total amount of the gifts;
	(b)	the defined details.
	(4)	The commissioner may declare a person or body (whether incorporated or not) for this section if the commissioner believes on reasonable grounds, that it is a function of the person or body to incur electoral expenditure or to give gifts (directly or indirectly) to candidates.
	(5)	The declaration of a person or body is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
	(6)	In this section:
declared body means a person or body declared in accordance with subsection (4).
gift does not include— 
	(a)	a gift that—
	(i)	is made in a private capacity to a candidate, or to a declared body that is an individual, for the candidate’s or body’s personal use; and
	(ii)	the candidate or body has not used, and will not use, solely or substantially for a purpose related to an election; or
	(b)	a payment of $100 or less made at or for a fundraising event.
58	Section 221A heading
substitute
221A	Annual returns of gifts
59	Section 221A (1)
omit
the relevant period
substitute
16 weeks
60	Section 221A (2) (a)
omit
$1 000
substitute
$1 500
61	Section 221A (2)
omit
the relevant period
substitute
16 weeks
62	Section 221A (6)
substitute
	(6)	In this section:
gift does not include—
	(a)	a gift that—
	(i)	is made in a private capacity to an MLA for the MLA’s personal use; and
	(ii)	the MLA has not used, and will not use, solely or substantially for a purpose related to an election; or
	(b)	a payment of $100 or less made at or for a fundraising event; or
	(c)	a gift made by a party, MLA, candidate or associated entity.
63	Advice about obligations to make returns
Section 221B (1)
omit
or MLA
substitute
, MLA or associated entity
64	Section 221B (1)
omit
section 221A (Annual returns of donations)
substitute
section 221A (Annual returns of gifts)
65	Anonymous gifts
Section 222 (1)
substitute
	(1)	A party, MLA, candidate or associated entity (the receiver) must not accept an anonymous gift made by someone else (the giver) to or for the benefit of the receiver if the gift—
	(a)	is $1 500 or more; or
	(b)	would result in the receiver accepting $1 500 or more in anonymous gifts to or for the benefit of the receiver in the financial year in which the gift is given.
66	Section 222 (2) (b)
omit
non-party group or
67	Section 222 (3)
omit
non-party group,
68	Section 222 (6)
omit
69	Section 222 (7), new definition of anonymous gift
insert
anonymous gift—a gift is an anonymous gift unless—
	(a)	the receiver knows the defined details of the gift; or
	(b)	both the following apply:
	(i)	the giver tells the receiver the defined details of the gift before the gift is made; 
	(ii)	when the gift is made, the receiver has no grounds for believing that the defined details given by the giver are not true. 
70	Section 222 (7), definition of gift
substitute
gift—
	(a)	includes a gift made on behalf of the members of an unincorporated association; but
	(b)	does not include a payment of $100 or less made at or for a fundraising event. 
71	Section 222 (7), definition of prescribed amount 
omit
72	Section 222 (7), definition of relevant person, paragraph (b)
omit 
73	Definitions for div 14.5
Section 223, definition of electoral expenditure, paragraph (b)
omit
newspaper or periodical
substitute
news publication
74	Section 223, definition of electoral expenditure, paragraph (e)
omit
printed
75	Section 223, definition of participant, paragraph (a) 
omit
, non-party group
76	Returns of electoral expenditure
Section 224 (1)
omit
15 weeks
substitute
8 weeks
77	Section 224 (2)
omit
78	Section 224 (3)
omit
15 weeks
substitute
8 weeks
79	Section 224 (4)
omit
non-party group,
80	Section 224 (4)
omit
15 weeks
substitute
8 weeks
81	Nil returns
Section 225 (2)
omit
82	Returns by broadcasters and publishers
Section 226 (1) (b), (2) (a) and (3) (b)
omit
newspaper or periodical
substitute
news publication
83	Section 226 (4)
omit
$1 000
substitute
$1 500
84	Meaning of defined particulars for div 14.6
Section 228, definition of defined particulars, new paragraph (ca)
insert
	(ca)	for a sum received by or for a party or associated entity—whether or not the sum is a gift, and if it is not a gift, the purpose for which the sum was given; and
85	Annual returns by parties and MLAs
Section 230 (6) (b) 
omit
newspaper or periodical
substitute
news publication
86	Section 230 (6) (e) 
substitute
	(e)	producing any electoral matter to which section 292 (Dissemination of unauthorised electoral matter) applies; 
87	New section 230 (6A)
insert
	(6A)	However, subsection (4) (b) or (c) does not require disclosure of any amount paid, or to be paid, using funds provided to an MLA by the Legislative Assembly.
88	Section 231A 
substitute
231A	Interim returns by parties and MLAs—election years
	(1)	The reporting agent of a party or MLA must, within 8 weeks after polling day for a general election, give the commissioner a return for the period beginning on 1 July in the year in which the election is held and ending at the end of the 30th day after polling day for the election.
Note	If a form is approved under s 340A for a return, the form must be used.
	(2)	The return must include the particulars required to be included in a return under section 230 for the period.
89	Section 231C 
substitute
231C	Interim returns by associated entities—election years
	(1)	This section applies if an entity is an associated entity at any time during the period beginning on 1 July in a year in which a general election is held and ending at the end of the 30th day after polling day for the election.
	(2)	The entity’s financial controller, must within 8 weeks after polling day for the election, give the commissioner a return for the period.
Note	If a form is approved under s 340A for a return, the form must be used.
	(3)	The return must include the particulars required to be included in a return under section 231B for the period.
90	Amounts received
Section 232 (1) and (2) 
substitute
	(1)	If the sum of all amounts received by, or on behalf of, a party, MLA or associated entity (the receiver) from a particular person or organisation during a financial year is $1 500 or more, the return by the receiver under section 230 or section 213B must state—
	(a)	the amount of the sum; and 
	(b)	the defined details.
	(2)	In working out the sum, the following amounts need not be counted:
	(a)	an amount of $100 or less received at or for a fundraising event;
	(b)	for an associated entity licensed under the Liquor Act 1975—an amount received that—
	(i)	is for the supply of liquor or food in accordance with the licence; and
	(ii)	is not more than reasonable consideration for the supply; 
	(c)	for an associated entity licensed under the Gaming Machine Act 2004—an amount received for the playing of gaming machines in accordance with the licence; 
	(d)	an amount prescribed by regulation.
91	Offences
Section 236 (3)
omit
92	Noncompliance with pt 14
Section 241 (2) (b)
omit
93	Copies of returns to be available for public inspection Section 243 (1)
omit
division 14.4 (Disclosure of donations)
substitute
division 14.4 (Disclosure of gifts)
94	Section 243 (2) and (3)
substitute
	(2)	A copy of a return under any of the following provisions must be made available for public inspection from the beginning of the 12th week after polling day for the election to which the return relates:
	(a)	division 14.4 (other than section 221A (Annual returns of gifts));
	(b)	division 14.5;
	(c)	section 231A (Interim returns by parties and MLAs—election years);
	(d)	section 231C (Interim returns by associated entities—election years).
	(3)	A copy of a return under any of the following provisions must be made available for public inspection from the beginning of December in the year in which the return was due:
	(a)	section 221A;
	(b)	division 14.6 (other than section 231A and section 231C).
	(3A)	If the commissioner receives a return after it is required to be made available for public inspection under this section, the commissioner must make the return available for public inspection as soon as practicable.
95	Section 289 heading
substitute
289	Discrimination on grounds of making political gifts
96	Section 289 (1)
omit
donation
substitute
gift
97	Section 289 (2), new definition of gift
insert
gift—see section 198.
98	Definitions for div 17.3
Section 291, definition of address
omit
99	Section 291, definition of reportage or commentary 
omit
newspaper or periodical
substitute
news publication
100	Sections 292 to 296
substitute
292	Dissemination of unauthorised electoral matter
	(1)	A person commits an offence if—
	(a)	the person disseminates electoral matter; and
	(b)	the matter does not include—
	(i)	the name of the person who authorised the matter or its author; and
	(ii)	a statement to the effect that the named person authorised, or is the author of, the matter; and
	(iii)	if the matter is published for a registered party, a candidate for election or a person who has publicly indicated that he or she intends to be a candidate for election—a statement to the effect that the matter is published for the party, candidate or person.
Maximum penalty:  10 penalty units.
	(2)	In this section:
statement means a statement in a form in which the matter is disseminated.
Example
Electoral matter disseminated in sound and video form could state the authoriser’s name in sound or on-screen printed form.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
293	Exceptions for news publications
	(1)	Section 292 does not apply to the dissemination of electoral matter contained in reportage or commentary in a particular news publication if the publication includes a statement to the effect that a person named in the statement has authorised publication of all electoral matter contained in reportage or commentary in the publication.
	(2)	Section 292 does not apply to the dissemination of electoral matter contained in a letter to the editor in a particular news publication if—
	(a)	the author’s name and the place where the author lives are stated at the end of the letter; and
	(b)	the publication includes a statement to the effect that a person named in the statement has authorised publication of all electoral matter contained in letters to the editor in the publication.
	(3)	For subsection (2) (a), it is sufficient to identify where the author lives by reference to—
	(a)	the suburb or town of, or nearest to, the author’s residence; and
	(b)	if the residence is outside the ACT—the State, other Territory or other country of the residence.
	(4)	In this section:
letter to the editor includes electronic commentary of a similar kind.
294	Exceptions for dissemination of electoral matter on certain items
	(1)	Section 292 does not apply to the dissemination of electoral matter on any of the following items unless the item includes a representation of a ballot paper:
	(a)	a letter from an MLA that includes the name of the MLA and an indication that he or she is an MLA; 
	(b)	a press release published by or for an MLA that includes the name of the MLA and an indication that he or she is an MLA; 
	(c)	a report under the Annual Reports (Government Agencies) Act 2004;
	(d)	a publication of a government agency that includes—
	(i)	the name of the agency; and
	(ii)	the City of Canberra Arms; and
	(iii)	the words ‘Australian Capital Territory’, ‘Australian Capital Territory Legislative Assembly’, ‘ACT Legislative Assembly’, ‘Australian Capital Territory Government’ or ‘ACT Government’; 
	(e)	a business or visiting card that promotes the candidacy of a person in an election;
	(f)	a letter or card on which the name of the sender appears;
	(g)	a bumper sticker;
	(h)	a T-shirt;
	(i)	a badge or button;
	(j)	a pen or pencil;
	(k)	a balloon;
	(l)	any other item that does not contain more than 10 words and is not in a news publication;
	(m)	an item prescribed by regulation.
	(2)	In this section:
City of Canberra Arms—see the City of Canberra Arms Act 1932, section 4.
government agency means—
	(a)	an administrative unit; or
	(b)	a Territory instrumentality; or
	(c)	a statutory office-holder and the staff assisting the statutory office-holder.
295	Exception for certain Commonwealth licence holders
Section 292 does not apply to the dissemination of electoral matter on radio or television by the holder of a licence under the Broadcasting Services Act 1992 (Cwlth) that is subject to a condition relating to election advertisements.
296	Advertorials
	(1)	This section applies to an advertisement in a news publication that—
	(a)	appears to be reportage or commentary; and
	(b)	includes electoral matter.
	(2)	The proprietor of the news publication must ensure that the word ‘advertisement’ is included, in legible form, as a headline to the advertisement on each page on which the advertisement appears.
Maximum penalty:  10 penalty units.
101	Defamation of candidates
Section 300
omit
102	Evidence of authorisation of electoral matter
Section 306 (b)
omit
newspaper or periodical
substitute
news publication
103	New section 315A
in division 17.6, insert
315A	Ballot papers—photographs
	(1)	A person commits an offence if—
	(a)	the person takes a photograph of a ballot paper used by the person for voting in an election; and
	(b)	the photograph shows, or would be likely to show, how the person voted in the election.
Maximum penalty:  10 penalty units.
	(2)	A person commits an offence if—
	(a)	the person takes a photograph of a ballot paper used by another person (the elector) for voting in an election; and
	(b)	the photograph shows, or would be likely to show, how the elector voted in the election; and
	(c)	either—
	(i)	the person knows the identity of the elector; or
	(ii)	it would be possible for the person or someone else to find out the identity of the elector.
Maximum penalty:  10 penalty units.
	(3)	In this section:
photograph includes a video recording. 
104	New part 30
insert
Part 30	Transitional—Electoral Legislation Amendment Act 2007
500	Transitional—returns
	(1)	This section applies to a return under any of the following:
	(a)	section 217 (Disclosure of gifts received in disclosure period—candidates other than MLAs);
	(b)	section 220 (Disclosure of gifts received in disclosure period—people incurring political expenditure);
	(c)	section 221 (Disclosure of gifts made to candidates in disclosure period);
	(d)	section 221A (Annual returns of gifts);
	(e)	section 230 (Annual returns by parties and MLAs);
	(f)	section 231B (Annual returns by associated entities).
	(2)	The amendments made by the Electoral Legislation Amendment Act 2007 in relation to the returns mentioned in subsection (1) apply to—
	(a)	the part of the 2007-08 financial year that begins on the day on which the bill for that Act is presented to the Legislative Assembly; and
	(b)	later financial years.
501	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Electoral Legislation Amendment Act 2007.
	(2)	A regulation may modify this part to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act.
502	Expiry—pt 30
This part expires 2 years after the day it commences.
105	Preliminary scrutiny of declaration voting papers
Schedule 3, clause 4
substitute
An officer must produce at the centre each set of declaration voting papers that has not been dealt with at an earlier preliminary scrutiny.
106	Exclusion of candidates
Schedule 4, clause 8 (2) (a) and (b) 
omit
all
107	Dictionary, definition of address
substitute
address—
	(a)	of a person, for this Act generally—means the person’s principal place of residence (including a place of residence from which a person who is an elector is temporarily absent and to which the person intends to return to live in); and
	(b)	of a person who is, or is nominated to be, the registered officer of a political party, for part 7 (Registration of political parties)—see section 87.
108	Dictionary, definition of defined details
omit
division 14.4 (Disclosure of donations)
substitute
division 14.4 (Disclosure of gifts)
109	Dictionary, definition of eligible elector
omit
110	Dictionary, new definition of fundraising event
insert
fundraising event, for part 14 (Election funding and financial disclosure)—see section 198.
111	Dictionary, definition of group
omit
section 115 (1) or (2), whichever is applicable.
substitute
section 115 (Grouping of candidates’ names).
112	Dictionary, new definition of news publication 
insert
news publication means a newspaper or periodical and includes an electronic publication of a similar kind.
113	Dictionary, definition of non-party group
omit
114	Dictionary, definition of related
omit
see section 87 (Meaning of related political parties)
substitute
see section 87 (Definitions—pt 7)

Schedule 1	Electoral Act 1992—technical amendments
(see s 3)
[1.1]	Section 341 (2)
substitute
	(2)	A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.
Explanatory note
This amendment brings language into line with current drafting practice.
[1.2]	Schedule 4, clause 1 (1), definition of count votes
substitute
count votes—see clause 1A.
Explanatory note
This amendment is consequential on the relocation of the definition to new clause 1A by another amendment. 
[1.3]	Schedule 4, clause 1 (1), definition of quota
substitute
quota—
	(a)	for this schedule generally—see clause 1B; and
	(b)	for part 4.3 (Casual vacancies)—see clause 12.
Explanatory note
This amendment is consequential on the relocation of the existing definition to new clause 1B by another amendment. This amendment also includes a signpost reference to the definition of the term for part 4.3 of schedule 4 in accordance with current drafting practice. 
[1.4]	Schedule 4, clause 1 (1), definition of transfer value
substitute
transfer value—
	(a)	for this schedule generally—see clause 1C; and
	(b)	for part 4.3 (Casual vacancies)—see clause 13.
Explanatory note
This amendment is consequential on the relocation of the existing definition to new clause 1C by another amendment. This amendment also includes a signpost reference to the definition of the term for part 4.3 of schedule 4 in accordance with current drafting practice. 
[1.5]	Schedule 4, clause 1 (2)
omit
Explanatory note
This amendment is consequential on the relocation of the definition of transfer value to new clause 1C by another amendment. 
[1.6]	Schedule 4, new clauses 1A to 1C
insert
1A	Meaning of count votes—sch 4
	(1)	For this schedule, count votes, in relation to a candidate, means the number of votes worked out as follows:

	(2)	However, any fraction is to be disregarded.
	(3)	In this clause:
BP means the number of ballot papers to be dealt with at a count that record the next available preference for the candidate.
TV means the transfer value of those ballot papers.
1B	Meaning of quota—sch 4
	(1)	For this schedule, quota means the quota of an electorate for an election worked out as follows:

Note	Quota, for pt 4.3 (Casual vacancies)—see cl 12.
	(2)	However, any fraction is to be disregarded.
	(3)	In this clause:
BP means the number of ballot papers for the election.
N means the number of positions to be filled at the election.
1C	Meaning of transfer value—sch 4
	(1)	For this schedule, the transfer value of a ballot paper is the transfer value worked out under this clause.
Note	Transfer value, for pt 4.3 (Casual vacancies)—see cl 13.
	(2)	For the allotment of votes from the surplus of a successful candidate, the transfer value of a ballot paper that specifies a next available preference is worked out as follows:

	(3)	For the allotment of votes under clause 9 (2) (c) (Votes of excluded candidates), the transfer value is—
	(a)	for a ballot paper in relation to which votes were allotted to the excluded candidate under clause 3 (First preferences)—1; or
	(b)	for a ballot paper in relation to which count votes were allotted to the excluded candidate under clause 6 (3) (Surplus votes) or clause 9 (2) (c) (Votes of excluded candidates)—the transfer value of the ballot paper when counted for that allotment.
	(4)	However, if the transfer value of a ballot paper worked out in accordance with subclause (2) would be greater than the transfer value of the ballot paper when counted for the successful candidate, the transfer value of that ballot paper is the transfer value of the ballot paper when counted for the successful candidate.
	(5)	In this clause:
CP means the number of ballot papers counted for the candidate at the count at which the candidate became successful and that specify a next available preference.
S means the surplus.
Explanatory note
This amendment updates the definitions by bringing them into line with current drafting practice.
[1.7]	Schedule 4, part 4.4
substitute
Part 4.4	Deceased successful candidates
18	Application—pt 4.4
This part applies if a successful candidate dies on or after polling day but before the declaration of the result of the election. 
19	Ballot papers for deceased successful candidate
	(1)	The ballot papers counted for a deceased candidate must be dealt with in accordance with schedule 4, part 4.3 (Casual vacancies) as if they had been counted for a former MLA.
	(2)	If 2 or more of the successful candidates die on or after polling day but before the declaration of the result of the election, the ballot papers counted for each deceased candidate must be dealt with in the order in which the candidates died.
	(3)	If 2 or more of the successful candidates died at the same time, the commissioner must determine by lot the order in which the ballot papers for the deceased candidates are to be dealt with.
	(4)	In applying schedule 4, part 4.3 for the purposes of this part:
continuing candidate means a candidate other than—
	(a)	a successful candidate; or 
	(b)	a candidate who died before the recount for this part began; or 
	(c)	a candidate who is excluded for clause 15 (Recount—continuation).
Explanatory note
This amendment remakes the part to correct the operation of a definition and bring it into line with current drafting practice.
[1.8]	Dictionary, note 2, new dot point
insert
·	AAT
Explanatory note
This amendment inserts an additional term into the dictionary note.
[1.9]	Dictionary, definition of AAT
omit
Explanatory note
This amendment omits an unnecessary definition.  The term AAT is defined in the Legislation Act, dictionary, part 1.
[1.10]	Dictionary, definition of ballot paper
substitute
ballot paper—
	(a)	includes an electronic ballot paper; and
	(b)	if a regulation is in force under section 114 (7) (Ballot papers)—means a ballot paper in the form prescribed by regulation; and
	(c)	for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
Note	A ballot paper is required to be in the form set out in sch 1 (see s 114 (1)).
Explanatory note
This amendment adds the signpost reference in paragraph (c) in accordance with current drafting practice. 
[1.11]	Dictionary, new definitions
insert
column, for schedule 2 (Ballot papers—printing of names and collation)—see schedule 2, clause 1.
continuing candidate—
	(a)	for schedule 4 (Ascertaining result of poll) generally—see schedule 4, clause 1; and
	(b)	for schedule 4, part 4.3 (Casual vacancies)—see schedule 4, clause 11 (2).
count, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
count votes, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1A.
envelope, for schedule 3 (Preliminary scrutiny of declaration voting papers)—see schedule 3, clause 1.
excluded candidate, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
next available preference, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
quota—
	(a)	for schedule 4 (Ascertaining result of poll) generally—see schedule 4, clause 1B; and
	(b)	for schedule 4, part 4.3 (Casual vacancies)—see schedule 4, clause 12.
reporting agent, for part 14 (Election funding and financial disclosure)—see section 198.
successful candidate, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
surplus, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
total votes, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.
transfer value—
	(a)	for schedule 4 (Ascertaining result of poll) generally—see schedule 4, clause 1C; and
	(b)	for schedule 4, part 4.3 (Casual vacancies)—see schedule 4, clause 13.
Explanatory note
This amendment inserts signpost definitions for terms defined for parts and schedules in accordance with current drafting practice.

Schedule 2	Amendments of Electoral Regulation 1993
(see s 3)
[2.1]	Sections 2, 3 and 6
omit
[2.2]	Dictionary
omit

Schedule 3	Amendments of Referendum (Machinery Provisions) Act 1994
(see s 3)
[3.1]	Schedule 1, modifications 1.11 and 1.12
omit
[3.2]	Schedule 1, modification 1.13, section 220 (1) (c) and (3) 
omit
$1 000
substitute
$1 500
[3.3]	Schedule 1, modification 1.16, section 222 (1)
substitute
	(1)	A person (the receiver) must not accept an anonymous gift made by someone else (the giver) for the purposes of a referendum if the gift—
	(a)	is $1 500 or more; or
	(b)	would result in the receiver accepting $1 500 or more in anonymous gifts for the purposes of the referendum.
[3.4]	Schedule 1, modification 1.16, new section 222 (6)
insert
	(6)	In this section:
anonymous gift—a gift is an anonymous gift unless—
	(a)	the receiver knows the defined details of the gift; or
	(b)	both the following apply:
	(i)	the giver tells the receiver the defined details of the gift before the gift is made; 
	(ii)	when the gift is made, the receiver has no grounds for believing that the defined details given by the giver are not true. 
[3.5]	Schedule 1, modification 1.19, section 224 (4) 
omit
15 weeks
substitute
8 weeks
[3.6]	Schedule 1, modification 1.22
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2007.
2	Notification
	Notified under the Legislation Act on	2007.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2007