2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Amendment Bill 2014 (No 2)

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	2
	5	Definitions for pt 14
Section 198, new definition of Australian government body	2
	6	Section 198, definition of party grouping, paragraphs (c) and (d)	3
	7	Section 198, definition of third-party campaigner, paragraph (a)	3
	8	Section 198, definition of third-party campaigner, paragraph (b) (i)	3
	9	Section 198, definition of third-party campaigner, paragraph (b) (iv)	3
	10	Disclosure periods
Section 201 (2), definition of disclosure day, paragraph (c)	4
	11	Appointed agents
New section 203 (2A)	4
	12	Registers of reporting agents
Section 205 (4), new note	4
	13	ACT election accounts
Division 14.2A	4
	14	Meaning of expenditure cap—div 14.2B
Section 205D (a)	4
	15	New section 205D (2) and (3)	5
	16	Section 205G heading	5
	17	Section 205G (1) (a)	5
	18	Section 205G (4) (a) to (c)	5
	19	Limit on electoral expenditure—third-party campaigner acting in concert with others
Section 205H	5
	20	Division 14.2C heading	6
	21	Sections 205I and 205J	6
	22	Limit on payments within parties
Section 205K (2)	6
	23	Entitlement to funds
Section 207 (2) (a)	6
	24	New section 207 (8) and (9)	6
	25	Payments for administrative expenditure not to be used for electoral expenditure
Section 215G (1)	7
	26	Section 215G (2)	7
	27	Definitions—div 14.4
Section 216, new definition of anonymous gift	7
	28	Section 216, definition of small anonymous gift	7
	29	Records and regular disclosure of gifts
Section 216A (1) (b)	7
	30	Section 216A (2)	8
	31	Section 216A (2) (c) and (d)	8
	32	Section 216A (4), except note	8
	33	Section 216A (6), new definition of free facilities use	9
	34	Section 216A (6), definition of relevant period, paragraph (a)	9
	35	Disclosure of gifts by third‑party campaigners
Section 220 (3) (c) and (d)	10
	36	Section 222 heading	10
	37	Section 222 (3)	10
	38	Section 222 (3)	10
	39	Section 222 (3)	10
	40	Section 222 (4)	11
	41	Section 222 (4) and (7)	11
	42	Returns of electoral expenditure
Section 224 (2)	11
	43	New section 224 (2A)	11
	44	Section 224 (3)	12
	45	Annual returns by parties and MLAs
Section 230 (1)	12
	46	Section 230 (4) (c)	12
	47	Section 230 (5)	12
	48	Section 230 (5), example 2	13
	49	Section 231B heading	13
	50	Section 231B (1)	13
	51	Amounts received
Section 232 (2)	13
	52	Section 232 (3) (c)	13
	53	Section 232 (4)	14
	54	Copies of returns to be available for public inspection
New section 243 (5)	14
	55	Section 243A heading	15
	56	New section 243A (3)	15
	57	New section 293A	15
	58	Ascertaining result of poll
Schedule 4, clause 7 (3) (c)	16
	59	Schedule 4, clause 7 (4) (a)	17
	60	Schedule 4, clause 8 (2)	17
	61	Schedule 4, clause 8 (3) (a)	18
	62	Dictionary, note 2	18
	63	Dictionary, definition of ACT election account	18
	64	Dictionary, new definitions	18
	65	Dictionary, definition of small anonymous gift	18

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Amendment Bill 2014 (No 2)

A Bill for
An Act to amend the Electoral Act 1992

    

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

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

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 November 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014