Electoral Legislation Amendment Act 2018

Authorised by the Chief Parliamentary Counsel Authorised Version i Electoral Legislation Amendment Act 2018 No. 30 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—General amendments 3 3 Amendment of section 3—Definitions 3 4 Amendment of section 9—Powers of the Commission 3 5 Amendment of section 22—Entitlement to enrolment of electors for Assembly and Council 3 6 Amendment of section 23—Claims for enrolment and notice of change of address 4 7 Amendment of section 24—General postal voters 4 8 Amendment of section 45—Application for registration 5 9 Amendment of section 46 and heading 6 10 New section 47A inserted—Certain logos not to be entered in Register of Political Parties 6 11 Amendment of section 48—Variation of application 7 12 Amendment of section 49—Publication of notice of application 7 13 Amendment of section 50—Registration 7 14 Amendment of section 51—Changes to Register of Political Parties 8 15 Amendment of section 61—Writs for elections 9 16 Amendment of section 74—Ballot-papers to be prepared 10 17 Amendment of section 78—Submission of how-to-vote cards to the Commission 10 18 Amendment of section 79—Registration process 11 19 Amendment of section 80—Alterations to registered how-to- vote card to correct error 11 20 Amendment of section 83—Printing and publication of electoral advertisements, handbills, pamphlets or notices 11 21 New section 83A inserted—Printing and publication of how-to- vote cards 12 22 Repeal of section 98—Electors who may apply to vote early or by post 12 23 Amendment of section 99—Application to vote early 12 24 Amendment of section 101—Application to vote by post 14 -- 1 of 129 -- Section Page ii Authorised by the Chief Parliamentary Counsel 25 Amendment of section 102—Duty of authorised witness in witnessing signature 14 26 Repeal of section 103—Application to vote by post made outside Australia 15 27 Amendment of section 104—Issue of declaration and ballot- paper to postal voters 15 28 New section 104A inserted and consequential amendments 16 29 Amendment of section 106—Directions for postal voting 17 30 Amendment of section 107—Provision of silent elector's address 18 31 Amendment of section 109—Provisions as to voting by absent voters 18 32 Part 6A substituted 19 33 New section 110J inserted 25 34 Amendment of section 111—Preliminary scrutiny of declaration votes 27 35 Amendment of section 112—Rejection of ballot-papers 27 36 Amendment of section 114A—Procedure for ascertaining number of votes for Council candidates 28 37 Amendment of sections 152 and 158—Conduct near voting centres 28 38 New section 158A inserted—Exhibit of notice or sign within 100 metres of entrance to voting centre 29 39 Consequential amendments to section 179A—Criminal liability of officers of bodies corporate—accessorial liability 31 40 Consequential amendment of Schedules 31 Part 3—Amendments relating to prohibited political donations and powers of the Commission 33 41 Consequential amendment of heading to Part 12 33 42 Amendment of section 206—Definitions 33 43 New Division 3A inserted in Part 12 41 44 Amendment of section 218—Offences 43 45 New Division 4A inserted in Part 12 43 Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding 51 46 Amendment of section 206—Definitions 51 47 New Divisions 1A and 1B inserted in Part 12 52 Part 5—Amendments relating to political donations disclosure and reporting scheme 79 48 Amendment of section 206—Definitions 79 49 Amendment of heading to Division 2 of Part 12 80 50 Amendment of section 208—Statement of expenditure 80 51 Amendment of section 209—Audit of statement 80 52 Amendment of section 211—Entitlement 81 -- 2 of 129 -- Section Page iii Authorised by the Chief Parliamentary Counsel 53 Amendment of section 212—Making of payments 81 54 New sections 212A and 212B inserted—Instalment payments of public funding entitlement 82 55 Repeal of section 214—Indexation 87 56 New Division 2A inserted in Part 12 87 57 Division 3 of Part 12 substituted 92 58 Divisions 3B to 3D inserted in Part 12 96 59 Amendment of section 218—Offences 113 60 New sections 218A and 218B inserted 113 61 Amendment of section 220—Records to be kept 116 62 Amendment of section 221 to apply to donation returns and annual returns 116 63 New section 221A inserted—Confidential information 116 64 Repeal of section 222—Provision of annual returns 117 65 New section 222DA inserted—Electronic lodgement of disclosure returns and annual returns 117 66 New sections 222DB and 222DC inserted 118 Part 6—Amendment of Public Administration Act 2004 122 67 Amendment of section 99—Employment of Parliamentary advisers 122 Part 7—Repeal of amending Act 125 68 Repeal of amending Act 125 ═════════════ Endnotes 126 1 General information 126 -- 3 of 129 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Electoral Legislation Amendment Act 2018 † No. 30 of 2018 [Assented to 31 July 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Electoral Act 2002 to— (i) improve the operation of electoral processes; and Victoria -- 4 of 129 -- Part 1—Preliminary Electoral Legislation Amendment Act 2018 No. 30 of 2018 2 Authorised by the Chief Parliamentary Counsel (ii) enhance the integrity of the electoral system by prohibiting political donations from certain sources and introducing a political donations disclosure and reporting scheme; and (b) to amend the Public Administration Act 2004 to provide for the provision of Parliamentary advisers. 2 Commencement (1) This Part and Parts 2, 3 and 7 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 47(2) comes into operation on 1 August 2018. (3) Part 4 (except section 47(2)), and Parts 5 and 6 come into operation on 25 November 2018. -- 5 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 3 Authorised by the Chief Parliamentary Counsel Part 2—General amendments 3 Amendment of section 3—Definitions (1) In section 3 of the Electoral Act 2002, for the definition of authorised witness substitute— "authorised witness means a person who— (a) has attained 18 years of age; and (b) is not a candidate at the election;". (2) Insert the following definition in section 3 of the Electoral Act 2002— "composite name means a name formed from the names of more than one registered political party;". 4 Amendment of section 9—Powers of the Commission After section 9(2) of the Electoral Act 2002 insert— "(3) Without limiting the generality of subsection (1), the Commission may, subject to this Act, make, issue and publish determinations for or in connection with the performance of its responsibilities and functions and the exercise of its powers.". 5 Amendment of section 22—Entitlement to enrolment of electors for Assembly and Council In section 22(3) of the Electoral Act 2002, after "94" insert ", 94A". -- 6 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 4 Authorised by the Chief Parliamentary Counsel 6 Amendment of section 23—Claims for enrolment and notice of change of address For section 23(3) of the Electoral Act 2002 substitute— "(3) A claim for enrolment under subsection (1) or (2) must include or be accompanied by one of the following forms of identification— (a) if the person completing the claim is the holder of a driver licence or learner permit under the law of Victoria or another State or a Territory of the Commonwealth, the number of the driver licence or learner permit; (b) if the person completing the claim is the holder of an Australian passport issued under the Australian Passports Act 2005 of the Commonwealth, the number of the Australian passport; (c) an attestation as to the identity of the person completing the claim that is— (i) in the prescribed form; and (ii) signed by an elector; (d) any other form of evidence of identity that is prescribed by the regulations for the purposes of this subsection.". 7 Amendment of section 24—General postal voters After section 24(1)(a) of the Electoral Act 2002 insert— "(aa) an elector who is entitled to be treated as an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918; or". -- 7 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 5 Authorised by the Chief Parliamentary Counsel 8 Amendment of section 45—Application for registration (1) After section 45(1) of the Electoral Act 2002 insert— "(1A) An application for the registration of a political party cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly.". (2) After section 45(2) of the Electoral Act 2002 insert— "(3) An application for the registration of an eligible political party may include a request that the Commission enter a logo submitted in relation to the political party in the Register of Political Parties for the printing of ballot-papers in accordance with section 74. (4) An application under subsection (3) must include— (a) a copy of the logo as a black and white image in a format determined by the Commission; and (b) a declaration that the use of the logo will not infringe the intellectual property rights of any person; and (c) any other requirements as determined by the Commission.". -- 8 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 6 Authorised by the Chief Parliamentary Counsel 9 Amendment of section 46 and heading (1) In the heading to section 46 of the Electoral Act 2002, after "party" insert "or logo". (2) In section 46(a)(ii) of the Electoral Act 2002, after "party" insert "or a logo in relation to an eligible political party". 10 New section 47A inserted—Certain logos not to be entered in Register of Political Parties After section 47 of the Electoral Act 2002 insert— '47A Certain logos not to be entered in Register of Political Parties The Commission must refuse an application under section 45(3) to enter a logo in relation to a political party in the Register of Political Parties if, in the opinion of the Commission, the logo that the political party wishes to use for the purposes of this Act— (a) is obscene; or (b) is the logo of another registered political party; or (c) so nearly resembles the logo of another registered political party that it is likely to be confused with, or mistaken for, that logo; or (d) comprises the words "Independent Party" or comprises or contains the word "Independent" and— (i) the name, or an abbreviation or acronym of the name, of a registered political party; or (ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of -- 9 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 7 Authorised by the Chief Parliamentary Counsel a registered political party, that the matter is likely to be confused with, or mistaken for, that name, abbreviation or acronym.'. 11 Amendment of section 48—Variation of application (1) In section 48(1) of the Electoral Act 2002, after "Commission must" insert "within 30 days of receiving the application". (2) In section 48(3) and (5) of the Electoral Act 2002, for "45" substitute "30". 12 Amendment of section 49—Publication of notice of application After section 49(1) of the Electoral Act 2002 insert— "(1A) A notice under subsection (1) in relation to an application must be published— (a) within 30 days of receiving the application, if the Commission has decided that it is required to consider accepting the application; or (b) within 14 days of receiving a written request under section 48(3).". 13 Amendment of section 50—Registration After section 50(1)(a)(i) of the Electoral Act 2002 insert— "(ia) if the application included a request under section 45(3), enter the logo in relation to that political party; and". -- 10 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 8 Authorised by the Chief Parliamentary Counsel 14 Amendment of section 51—Changes to Register of Political Parties (1) After section 51(1)(a) of the Electoral Act 2002 insert— "(aa) if a logo is entered in the Register in relation to the political party, changing the logo to a logo submitted in the application; or (ab) if a logo is not entered in the Register in relation to the political party, entering the logo submitted in the application in the Register in relation to the political party; or". (2) After section 51(1) of the Electoral Act 2002 insert— "(1A) An application under subsection (1) to amend the Register to change the name of a political party or to enter a logo cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly.". (3) After section 51(2) of the Electoral Act 2002 insert— "(2A) An application under subsection (1)(aa) or (ab) must include— (a) a copy of the logo as a black and white image in a format determined by the Commission; and (b) a declaration that the use of the logo will not infringe the intellectual property rights of any person; and (c) any other requirements determined by the Commission.". -- 11 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 9 Authorised by the Chief Parliamentary Counsel (4) After section 51(3) of the Electoral Act 2002 insert— "(3A) In the case of an application under subsection (1)(aa) or (ab), sections 46, 47A, 48 and 49 apply in relation to the application as if in those sections a reference to an application under section 45 were a reference to an application under section 51(1)(aa) or (ab).". 15 Amendment of section 61—Writs for elections (1) In section 61(2) of the Electoral Act 2002, for "A" substitute "Unless subsection (2A) applies, a". (2) After section 61(2) of the Electoral Act 2002 insert— "(2A) The Speaker may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.". (3) In section 61(3) of the Electoral Act 2002, for "If" substitute "Unless subsection (3A) applies, if". (4) After section 61(3) of the Electoral Act 2002 insert— "(3A) The Governor may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.". -- 12 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 10 Authorised by the Chief Parliamentary Counsel 16 Amendment of section 74—Ballot-papers to be prepared After section 74(4) of the Electoral Act 2002 insert— "(5) If a person has been endorsed as a candidate in an election by a registered political party that has a logo entered in the Register of Political Parties, the logo must be printed adjacent to the name of the candidate and beneath the square in relation to the group in accordance with Schedule 1A, 1B or 2, whichever is applicable.". 17 Amendment of section 78—Submission of how-to- vote cards to the Commission For section 78(3) of the Electoral Act 2002 substitute— "(3) A how-to-vote card submitted under this section must be— (a) a single how-to-vote card, that is, a how-to-vote card submitted with respect to one electoral district or one electoral region only; or (b) a multiple how-to-vote card, that is, a how-to-vote card submitted with respect to no less than every electoral district or electoral region for which the registered political party submitting the how-to-vote card has endorsed a candidate; or (c) a combined how-to-vote card, that is, a how-to-vote card submitted with respect to one or more electoral districts or electoral regions for which the registered political party submitting the how-to-vote card has endorsed a candidate.". -- 13 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 11 Authorised by the Chief Parliamentary Counsel 18 Amendment of section 79—Registration process For section 79(2)(d) of the Electoral Act 2002 substitute— "(d) that the how-to-vote card contains on at least one printed side of the how-to-vote card— (i) the name and address of the person who authorised the how-to-vote card; and (ii) the name and place of business of the printer or publisher of the how-to-vote card;". 19 Amendment of section 80—Alterations to registered how-to-vote card to correct error For section 80(4)(d) of the Electoral Act 2002 substitute— "(d) that the how-to-vote card contains on at least one printed side of the how-to-vote card— (i) the name and address of the person who authorised the how-to-vote card; and (ii) the name and place of business of the printer or publisher of the how-to-vote card;". 20 Amendment of section 83—Printing and publication of electoral advertisements, handbills, pamphlets or notices (1) In section 83(1)(a) and (1)(b) of the Electoral Act 2002, omit "at its end". (2) After section 83(3)(aa) of the Electoral Act 2002 insert— "(ab) a how-to-vote card registered under section 79 or 80; or". -- 14 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 12 Authorised by the Chief Parliamentary Counsel 21 New section 83A inserted—Printing and publication of how-to-vote cards After section 83 of the Electoral Act 2002 insert— "83A Printing and publication of how-to-vote cards (1) A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed a how-to-vote card unless it complies with section 79(2)(d) or 80(4)(d). Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. Note Section 179A applies to an offence against this subsection. (2) For the purposes of subsection (1), a person who makes copies for distribution of a how-to-vote card that is published on the Internet is deemed to be the printer of those copies.". 22 Repeal of section 98—Electors who may apply to vote early or by post Section 98 of the Electoral Act 2002 is repealed. 23 Amendment of section 99—Application to vote early (1) In section 99(1) of the Electoral Act 2002, for "An" substitute "If an election is not a by-election, an". (2) In section 99(1)(a) of the Electoral Act 2002, for "4 p.m. on" substitute "9 a.m. on the Monday after". -- 15 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 13 Authorised by the Chief Parliamentary Counsel (3) After section 99(1) of the Electoral Act 2002 insert— "(1A) If an election is a by-election, an elector may apply to an election manager or an election official at an early voting centre during the operating times advertised under section 65 to vote within the period that— (a) starts at 9 a.m. on the Monday immediately after the final nomination day; and (b) ends at 6 p.m. on the day immediately before election day.". (4) After section 99(2) of the Electoral Act 2002 insert— "(3) There must be kept at an early voting centre— (a) a ballot-box for the deposit of ballot-papers marked by an elector who is enrolled in the district where the early voting centre is located; and (b) a ballot-box for the deposit of ballot-papers marked by an elector who is enrolled in a district outside the district where the early voting centre is located; and (c) a ballot-box for the deposit of ballot-papers marked by an elector under this section that are declaration votes.". -- 16 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 14 Authorised by the Chief Parliamentary Counsel 24 Amendment of section 101—Application to vote by post (1) In section 101(1) of the Electoral Act 2002, after "writing" insert "or by electronic means". (2) For section 101(2)(c) of the Electoral Act 2002 substitute— "(c) must not be physically attached to, or form part of, other written material issued by a person or organisation other than the Commission; and". (3) After section 101(2) of the Electoral Act 2002 insert— "(2A) An application by electronic means to the Commission to vote by post— (a) must be in the prescribed form; and (b) must contain information to enable the Commission to verify the identity of the elector in accordance with the verification process determined by the Commission for the purposes of this subsection.". (4) In section 101(3) of the Electoral Act 2002, after "(2)" insert "or (2A)". (5) In section 101(4) of the Electoral Act 2002, for "Thursday" substitute "Wednesday". 25 Amendment of section 102—Duty of authorised witness in witnessing signature In section 102(2)(b) of the Electoral Act 2002 omit "the title or capacity in respect of which the authorised witness acts and". -- 17 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 15 Authorised by the Chief Parliamentary Counsel 26 Repeal of section 103—Application to vote by post made outside Australia Section 103 of the Electoral Act 2002 is repealed. 27 Amendment of section 104—Issue of declaration and ballot-paper to postal voters (1) In section 104(1) of the Electoral Act 2002, after "101" insert "(2)". (2) After section 104(1) of the Electoral Act 2002 insert— "(1A) If the Commission receives an application to vote by post in accordance with section 101(2A) and is satisfied that the application contains information to enable the Commission to verify the identity of the elector in accordance with the verification process determined by the Commission for the purposes of that subsection, the Commission must— (a) deliver or post to the applicant— (i) a declaration in the prescribed form; and (ii) a ballot-paper; and (b) record the name of the elector to whom the declaration and ballot-paper has been issued and the date of issuing.". (3) In section 104(2)(a) of the Electoral Act 2002, after "101" insert "(2) or (2A)". (4) In section 104(2)(b) of the Electoral Act 2002, for "Thursday" substitute "Wednesday". -- 18 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 16 Authorised by the Chief Parliamentary Counsel 28 New section 104A inserted and consequential amendments (1) After section 104 of the Electoral Act 2002 insert— "104A Information to be provided to registered political parties and candidates (1) Subject to subsection (3), the Commission must provide on request, the name and address of any person whose application to vote by post (whether in writing or electronic form) has been accepted under section 104(1) or (1A) to— (a) each registered political party; and (b) each candidate who is not endorsed by a registered political party who is standing for the region or district in which the address of the person is located— as soon as practicable after the declaration and ballot-paper has been issued under section 104(1A). (2) The Commission may provide the information under subsection (1) electronically or in an electronic form. (3) The Commission must not provide particulars of silent electors or itinerant electors under this section. -- 19 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 17 Authorised by the Chief Parliamentary Counsel (4) A person must not use information provided under subsection (1) for any purpose unless the use is for a purpose in connection with the election. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate or registered political party, 3000 penalty units. (5) A person must not disclose information provided under subsection (1) unless the disclosure is for any purpose in connection with the election. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate or registered political party, 3000 penalty units. Note Section 179A applies to an offence against subsection (4) or (5).". (2) In section 37(1) of the Electoral Act 2002, for "or 34" substitute ", 34 or 104A". (3) After section 179A(2)(f) of the Electoral Act 2002 insert— "(fa) section 104A(4) and (5);". 29 Amendment of section 106—Directions for postal voting (1) In section 106(2)(c)(ii) of the Electoral Act 2002 omit "the title under which the authorised witness acts and". -- 20 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 18 Authorised by the Chief Parliamentary Counsel (2) In section 106(2)(d) of the Electoral Act 2002 omit ", fold the ballot-paper, place it and the declaration in the envelope provided by the Commission and fasten the envelope". (3) For section 106(2)(e) of the Electoral Act 2002 substitute— "(e) the elector must then— (i) post the declaration and ballot-paper to the Commission before 6 p.m. on election day; or (ii) deliver the declaration and ballot-paper to the Commission or an election official at a voting centre before 6 p.m. on election day;". (4) For section 106(3) of the Electoral Act 2002 substitute— "(3) For the purposes of subsection (2)(e), a ballot-paper is to be taken to have been posted before 6 p.m. on election day if— (a) the ballot-paper is received by the Commission or an election official at a voting centre on or before 6 p.m. on the Friday immediately after election day; and (b) the declaration is witnessed on or before election day.". 30 Amendment of section 107—Provision of silent elector's address In section 107 of the Electoral Act 2002, for "Act" substitute "Part". 31 Amendment of section 109—Provisions as to voting by absent voters In section 109(8)(a) of the Electoral Act 2002, for "province" substitute "region". -- 21 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 19 Authorised by the Chief Parliamentary Counsel 32 Part 6A substituted For Part 6A of the Electoral Act 2002 substitute— "Part 6A—Electronic voting and electronic assisted voting Division 1—Electronic voting 110A Application of Part 6 to electronic voting Part 6 applies to and in respect of electronic voting subject to the provisions of this Part. 110B No entitlement to electronic voting This Part does not create an entitlement to vote by electronic voting. 110C Availability of electronic voting Electronic voting is available at a voting centre which is designated by the Commission as an electronic voting centre. 110D Who can access electronic voting? (1) Electronic voting can be accessed by— (a) an eligible class of electors; and (b) any other class of electors prescribed by the regulations for the purposes of this section. (2) In this Division, eligible class of electors means electors who otherwise cannot vote without assistance because of— (a) blindness or low vision; or (b) a motor impairment; or (c) insufficient literacy skills (whether in the English language or in their primary spoken language). -- 22 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 20 Authorised by the Chief Parliamentary Counsel Division 2—Electronic assisted voting 110E Application of Part 6 to electronic assisted voting Part 6 applies to and in respect of electronic assisted voting subject to the provisions of this Part. 110F Availability of electronic assisted voting (1) The Commission must determine that electronic assisted voting is available at an election. (2) The Commission must designate a voting centre as an electronic assisted voting centre. 110G Who can access electronic assisted voting? Electronic assisted voting can be accessed by a prescribed eligible class or classes of electors prescribed by the regulations for the purposes of this section. 110H Commission to approve procedures for electronic assisted voting (1) The Commission may approve procedures to facilitate voting by a prescribed eligible class or classes of electors at an election by means of electronic assisted voting. (2) The Commission may engage an independent person or auditor to conduct audits of the computer program, systems and information technology used under the approved procedures. Division 3—General 110HA Definition In this Part, electronic assisted voting includes voting by the use of electronic equipment, telephone or other technology. -- 23 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 21 Authorised by the Chief Parliamentary Counsel 110HB Approval of computer program or system for electronic voting and electronic assisted voting (1) The Commission may approve a computer program or system to enable electronic voting and electronic assisted voting if the Commission is satisfied that the criteria specified in subsection (2) apply. (2) The criteria are— (a) the proper use of the computer program or system will give the same result in the recording of votes in an election as would be obtained if no computer program or system was used in the recording of votes; (b) the computer program or system will enable a visual display or auditory description (including the names and order of the candidates and other details about the candidates as they appear on the ballot-paper) of the ballot-paper and voting instructions to be provided to an elector so that the elector may vote using a touch screen or a keypad; (c) the computer program or system will enable an elector to select consecutive preferences beginning with the figure "1" or, in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a); (d) the computer program or system allows an elector to correct a mistake before the vote is processed by the computer program; -- 24 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 22 Authorised by the Chief Parliamentary Counsel (e) the computer program or system allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election; (f) the computer program or system allows an elector to abandon for any reason the electronic ballot-paper without completing the vote; (g) the computer program or system can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election; (h) the computer program or system will prevent any person from ascertaining the vote of a particular elector. (3) The Commission may approve a process for capturing preferences into the approved computer program or system for electronic voting or for electronic assisted voting. 110HC Security arrangements The Commission must ensure that arrangements are in place to ensure that— (a) systems, computer programs and electronic devices used or intended to be used for or in connection with electronic voting and electronic assisted voting are kept secure from interference; and (b) the integrity of voting is maintained while electronic voting and electronic assisted voting is being used. -- 25 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 23 Authorised by the Chief Parliamentary Counsel 110HD Ballot-papers (1) For the purposes of this Part, a ballot-paper prepared under section 74 may be in an electronic form. (2) The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the visual display or auditory description of the electronic form. (3) The Commission may approve changes to the form of the ballot-paper printed from the ballot-paper in an electronic form. 110HE Voting (1) For the purposes of section 92, if section 110D applies to a person entitled to vote, the person may be given access to an electronic ballot-paper. (2) For the purposes of section 92, if section 110G applies to a person entitled to vote, the person may authorise an election official to access and complete a ballot-paper on their behalf. (3) If an elector given access to an electronic ballot-paper has complied with the voting instructions provided and the vote is processed by the computer program, the elector is to be taken for the purposes of sections 93 and 93A to have marked the elector's vote on the ballot-paper in accordance with those sections. (4) For the purposes of section 93(6), an elector using electronic voting or electronic assisted voting is to be taken to have deposited their vote in the ballot-box— -- 26 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 24 Authorised by the Chief Parliamentary Counsel (a) in the case of electronic voting, when they submit their electronic ballot-paper using the approved computer program; or (b) in the case of electronic assisted voting, when the election official has confirmed completion of the ballot-paper. (5) For the purposes of section 98, a person to whom section 110D applies is entitled to apply to vote at an early voting centre. (6) The validity of a vote cast in accordance with this section cannot be disputed on the ground that the elector could have voted without assistance. 110I Offence in relation to electronic voting and electronic assisted voting (1) A person must not, without reasonable excuse, destroy or interfere with any computer program, data file or electronic device which is used, or intended to be used, for or in connection with electronic voting and electronic assisted voting. (2) A person who contravenes subsection (1) is guilty of an indictable offence. Penalty: Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units). Note Section 179A applies to an offence against this section.". -- 27 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 25 Authorised by the Chief Parliamentary Counsel 33 New section 110J inserted Before section 111 of the Electoral Act 2002 insert— "110J Early processing of votes under sections 99 and 106 (1) This section applies to the processing of— (a) ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3); and (b) ballot-papers received by post under section 106. (2) The processing of ballot-papers must be conducted— (a) during the authorised period; and (b) within a restricted area; and (c) in accordance with the regulations; and (d) in accordance with any instructions in relation to secrecy determined by the Commission. (3) An election manager or election official cannot conduct any processing of ballot- papers unless the election manager or election official has given written notice to each registered political party and each candidate whose name is printed on the ballot-papers specifying— (a) the authorised period; and (b) the location of the restricted area. -- 28 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 26 Authorised by the Chief Parliamentary Counsel (4) A person must not enter the restricted area with any device that could be used to convey or transmit any information to a person or device located outside the restricted area. Penalty: 600 penalty units. (5) A person must not disclose or otherwise use information obtained during the processing of ballot-papers for any purpose other than the conducting of the processing. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate or registered political party, 3000 penalty units. Note Section 179A applies to an offence against this subsection. (6) In this section— authorised period means— (a) in the case of ballot-papers deposited in ballot-boxes kept at an early voting centre under section 99(3), the period of 2 hours immediately before the close of voting specified in the written notice given under subsection (3); and (b) in the case of ballot-papers received by post under section 106, the period of 10 hours immediately before the close of voting specified in the written notice given under subsection (3); -- 29 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 27 Authorised by the Chief Parliamentary Counsel restricted area means an area specified in the written notice under subsection (3)— (a) that precludes any person outside that area from seeing or hearing any aspect of the processing; and (b) that is under the control of an election manager or election official who can permit a person to enter or leave that area.". 34 Amendment of section 111—Preliminary scrutiny of declaration votes Section 111(4) of the Electoral Act 2002 is repealed. 35 Amendment of section 112—Rejection of ballot-papers After section 112(1) of the Electoral Act 2002 insert— "(1A) A ballot-paper that has been reproduced by hand by an election official at a voting centre must not be rejected only because the ballot-paper does not have printed on it— (a) the logo of a political party entered in the Register of Political Parties in relation to a political party and any candidate endorsed by that political party on the ballot-paper for an election; or (b) if a composite name is to be printed on the ballot-paper for a Council election, the logo of each political party to which the composite name relates.". -- 30 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 28 Authorised by the Chief Parliamentary Counsel 36 Amendment of section 114A—Procedure for ascertaining number of votes for Council candidates For section 114A(28)(c) of the Electoral Act 2002 substitute— "(c) a transfer to a candidate in accordance with subsection (12)(b) of all of the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value.". 37 Amendment of sections 152 and 158—Conduct near voting centres (1) After section 152(3) of the Electoral Act 2002 insert— "(4) A person must not, subject any person who within 100 metres of the entrance of a building used as a voting centre is handing out how-to-vote cards or supporting a candidate at an election, to violence or intimidation. (5) A person who contravenes subsection (4) is guilty of an indictable offence. Penalty: Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).". (2) For section 158(1) of the Electoral Act 2002 substitute— "(1) This section applies during the hours of voting in respect of a voting centre— (a) within 6 metres of the entrance of, or within the building used as, a voting centre; or (b) if the Commission considers that it is practically necessary to do so for a voting centre specified by the Commission by a notice displayed -- 31 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 29 Authorised by the Chief Parliamentary Counsel at the entrance to the voting centre, within a distance determined by the Commission that is less than 6 metres of the entrance of, or within the building used as, the specified voting centre. Example The Commission may determine that it is practically necessary to determine a shorter distance because of the need to deal with inclement weather.". (3) After section 158(3) of the Electoral Act 2002 insert— "(4) Subsection (2)(e) does not apply to— (a) a car sticker, an item of clothing (when worn), lapel button, lapel badge, fridge magnet, pen or pencil; or (b) any other thing or item or class of thing or item prescribed by the regulations. (5) An election manager or election official may remove, or cause to be removed, any notice or sign that the election manager or election official reasonably considers is being exhibited in contravention of subsection (2).". 38 New section 158A inserted—Exhibit of notice or sign within 100 metres of entrance to voting centre After section 158 of the Electoral Act 2002 insert— "158A Exhibit of notice or sign within 100 metres of entrance to voting centre (1) Subject to section 158, this section applies during the hours of voting in respect of a voting centre— -- 32 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 30 Authorised by the Chief Parliamentary Counsel (a) within 100 metres of any designated entrance to the voting centre; or (b) if any entrance to the grounds of the voting centre is designated under subsection (3), within 100 metres of any designated entrance to the grounds in which the voting centre is situated— but excluding any premises used as a private residence that is located within 100 metres of any designated entrance to the voting centre or any designated entrance to the grounds in which the voting centre is situated. (2) While this section applies, a person must not exhibit any notice or sign (other than an official notice) in relation to the election except as provided in subsection (3). Penalty: 5 penalty units. Note Section 179A applies to an offence against this subsection. (3) A candidate or registered political party may display 2 signs not exceeding— (a) 600 millimetres by 900 millimetres; or (b) if another size is prescribed by the regulations, the prescribed size— at each designated entrance to the grounds in which the voting centre is situated. (4) Subsection (2) does not apply to— (a) a car sticker, an item of clothing (when worn), lapel button, lapel badge, fridge magnet, pen or pencil; or (b) any other thing or item or class of thing or item prescribed by the regulations. -- 33 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 31 Authorised by the Chief Parliamentary Counsel (5) For the purposes of this section, designated entrance means— (a) an entrance or entrances to a voting centre; or (b) an entrance or entrances to the grounds in which the voting centre is located— designated by the Commission for the purposes of this section. (6) An election manager or election official may remove, or cause to be removed, any notice or sign that the election manager or election official reasonably considers is being exhibited in contravention of subsection (2).". 39 Consequential amendments to section 179A— Criminal liability of officers of bodies corporate— accessorial liability (1) After section 179A(2)(c) of the Electoral Act 2002 insert— "(ca) section 83A;". (2) After section 179A(2)(g) of the Electoral Act 2002 insert— "(ga) section 110J(5);". (3) In section 179A(2)(k) of the Electoral Act 2002, for "(f)." substitute "(f);". (4) After section 179A(2)(k) of the Electoral Act 2002 insert— "(l) section 158A(2).". 40 Consequential amendment of Schedules (1) In Schedule 1A to the Electoral Act 2002— (a) after "2" (wherever occurring) insert "and 5"; -- 34 of 129 -- Part 2—General amendments Electoral Legislation Amendment Act 2018 No. 30 of 2018 32 Authorised by the Chief Parliamentary Counsel (b) after note 4 insert— "5. Here insert any logo registered in relation to the registered political party or any logos in relation to the registered political parties forming a composite name.". (2) In Schedule 1B to the Electoral Act 2002— (a) after "2" (wherever occurring) insert "and 5"; (b) after note 4 insert— "5. Here insert any logo registered in relation to the registered political party or any logos in relation to the registered political parties forming a composite name.". (3) In Schedule 2 to the Electoral Act 2002, after "parties" insert ", and any logo registered in relation to a registered political party,". -- 35 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 33 Authorised by the Chief Parliamentary Counsel Part 3—Amendments relating to prohibited political donations and powers of the Commission 41 Consequential amendment of heading to Part 12 In the heading to Part 12 of the Electoral Act 2002, after "expenditure" insert "and political donations". 42 Amendment of section 206—Definitions (1) Insert the following definitions in section 206(1) of the Electoral Act 2002— "associated entity means— (a) an entity that is controlled by one or more registered political parties; or (b) an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or (c) an entity that is a financial member of a registered political party; or (d) an entity on whose behalf another person is a financial member of a registered political party; or (e) an entity that has voting rights in a registered political party; or (f) an entity on whose behalf another person has voting rights in a registered political party— but does not include a nominated entity of a registered political party; Australian resident has the same meaning as it has in section 7 of the Social Security Act 1991 of the Commonwealth; -- 36 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 34 Authorised by the Chief Parliamentary Counsel candidate means— (a) a person who has been selected by a political party to be a candidate in an election; or (b) a person, other than a member of a political party, who has publicly announced an intention to be a candidate in an election; compliance officer means a person who is appointed by the Commission under section 222A; donor means a person who makes a political donation; elected member means a person who is a member of the Council or the Assembly; election campaigning period means the period— (a) commencing on 1 October in the year of a general election as a result of the expiration of the Assembly and ending at 6 p.m. on the day of the general election; or (b) commencing on the day on which the writ is issued for any other election and ending at 6 p.m. on the day of the election; entity means— (a) an incorporated or unincorporated body; or (b) the trustee of a trust; -- 37 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 35 Authorised by the Chief Parliamentary Counsel financial institution means— (a) a bank; or (b) a credit union; or (c) a building society; or (d) a body prescribed by the regulations to be a financial institution; group means 2 or more candidates whose names are grouped on a ballot-paper in accordance with section 69A; loan means— (a) an advance of money; or (b) the provision of credit or any other form of financial accommodation; or (c) the payment of an amount for, on account of, on behalf of or at the request of, the receiver, where there is an express or implied obligation to repay that amount; or (d) any other transaction, whatever its terms or form, that in substance is a loan of money— but does not include a loan made on a commercial basis by a financial institution; nominated entity, of a registered political party, means an entity the name and address of which is entered on the Register of Nominated Entities as the nominated entity of the registered political party; non-financial loan means the loan of an asset or piece of equipment; -- 38 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 36 Authorised by the Chief Parliamentary Counsel political expenditure means any expenditure for the dominant purpose of directing how a person should vote at an election, by promoting or opposing— (a) the election of any candidate at the election; or (b) a registered political party; or (c) an elected member— but does not include expenditure incurred by an associated entity or third party campaigner on any material that is published, aired or otherwise disseminated outside of the election campaigning period unless the material refers to— (d) a candidate or a registered political party; and (e) how a person should vote at an election; Register of Nominated Entities means the Register of Nominated Entities established and maintained under section 222E; relevant business number means— (a) an Australian Business Number; or (b) any other number allocated or recognised by the Australian Securities and Investments Commission for the purpose of identifying a business; third party campaigner means any person or entity other than— (a) a registered political party; or (b) a candidate at an election; or (c) a group; or -- 39 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 37 Authorised by the Chief Parliamentary Counsel (d) an elected member; or (e) an associated entity; or (f) a nominated entity of a registered political party— that receives political donations or incurs political expenditure which exceeds a total of $4000 in a financial year;". (2) In section 206(1) of the Electoral Act 2002— (a) in the definition of disposition of property, after paragraph (c) insert— "(ca) the making of a loan or a non-financial loan or the forbearance of any loan or non-financial loan;"; (b) for the definition of gift substitute— "gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including the following— (a) the provision of a service; (b) the payment of an amount in respect of a guarantee; (c) the making of a payment or contribution at a fundraising function; (d) the disposition of property from a registered political party, a branch of a registered political party or an associated entity— but does not include the following— (e) a payment under this Part; -- 40 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 38 Authorised by the Chief Parliamentary Counsel (f) a gift to an individual that was made in a private capacity to the individual for their personal use, and that the individual has not used, and does not intend to use, solely or substantially for an election; (g) an annual subscription paid to a registered political party by a person in respect of the person's membership of the registered political party; (h) an annual affiliation fee paid to a registered political party by an associated entity; (i) an annual levy paid to a registered political party by— (i) an elected member or a member of staff of the elected member (including an electoral officer); or (ii) an employee or elected official of the registered political party; (j) a gift made by a registered political party to the nominated entity of the registered political party or received by a registered political party from the nominated entity of the registered political party; (ja) a gift made for Commonwealth electoral purposes that is not paid into the State campaign account; (k) the provision of volunteer labour; -- 41 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 39 Authorised by the Chief Parliamentary Counsel (l) the provision of labour shared between— (i) a registered political party and any other branch of the registered political party; or (ii) an associated entity and any other branch of the associated entity; or (iii) a third party campaigner and any other branch of the third party campaigner; (m) if the provision of labour to which paragraph (l) applies includes the provision of an asset or piece of equipment to be used by the person in providing the labour, the asset or piece of equipment; Example If a person from the first branch of a registered political party, associated entity or third party campaigner is shared with another branch of the registered political party, associated entity or third party campaigner and brings with them a mobile phone supplied by the first branch of the registered political party, associated entity or third party campaigner to use while providing their labour, the provision of the mobile phone is not a gift. If a person from the first branch of a registered political party, associated entity or third party campaigner is shared with another branch of the registered political party, associated entity or third party campaigner and provides their labour from an office supplied by the first branch of the registered political party, associated -- 42 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 40 Authorised by the Chief Parliamentary Counsel entity or third party campaigner, the provision of the office is not a gift."; (c) for the definition of political donation substitute— "political donation means a gift to any of the following— (a) a registered political party; (b) a candidate at an election; (c) a group; (d) an elected member; (e) an associated entity, if the whole or part of the gift was used, or intended to be used, by the associated entity to— (i) enable the associated entity to make, directly or indirectly, a political donation or incur political expenditure; or (ii) reimburse the associated entity for making, directly or indirectly, a political donation or incurring a political expenditure— in which case, the whole or the part of the gift used, or intended to be used, for the purposes specified in subparagraphs (i) and (ii) is a political donation; (f) a third party campaigner, if the whole or part of the gift was used, or intended to be used, by the third party campaigner to— -- 43 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 41 Authorised by the Chief Parliamentary Counsel (i) enable the third party campaigner to make, directly or indirectly, a political donation or incur political expenditure; or (ii) reimburse the third party campaigner for making, directly or indirectly, a political donation or incurring a political expenditure— in which case, the whole or the part of the gift used, or intended to be used, for the purposes specified in subparagraphs (i) and (ii) is a political donation; (g) the nominated entity of a registered political party;". (3) After section 206(1) of the Electoral Act 2002 insert— "(1A) For the purposes of this Part, the value of a gift, other than of money, is to be determined in accordance with the principles prescribed by the regulations.". 43 New Division 3A inserted in Part 12 After Division 3 of Part 12 of the Electoral Act 2002 insert— "Division 3A—Prohibited political donations 217A Political donation from certain sources banned It is unlawful for a donor to make a political donation, or for a registered political party, a candidate at an election, a group, an elected -- 44 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 42 Authorised by the Chief Parliamentary Counsel member, a nominated entity, an associated entity or a third party campaigner to accept a political donation from a donor, unless the donor— (a) in the case of a donor who is a natural person, is an Australian citizen or an Australian resident; or (b) in the case of a donor who is not a natural person, has a relevant business number. 217B Anonymous political donation not to be accepted It is unlawful for a donor to make a political donation equal to or above the value of $1000, or for a registered political party, a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner to accept a political donation equal to or above the value of $1000 from a donor, unless when the donation is made— (a) the donor gives to the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner their name and address; and (b) the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner has no reason to believe that the name or address is false. -- 45 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 43 Authorised by the Chief Parliamentary Counsel 217C Forfeiture of political donations accepted in contravention of this Division (1) A political donation that is accepted in contravention of this Division is forfeited to the State. (2) An amount forfeited under subsection (1) may be recovered from the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner that accepted the political donation.". 44 Amendment of section 218—Offences After section 218(5) of the Electoral Act 2002 insert— "(5A) A person who knowingly makes or accepts a political donation that is unlawful under Division 3A is guilty of an offence. Penalty: 300 penalty units or 2 years imprisonment or both.". 45 New Division 4A inserted in Part 12 After Division 4 of Part 12 of the Electoral Act 2002 insert— "Division 4A—Powers of the Commission Subdivision 1—General 222A Compliance officers The Commission may by instrument in writing appoint any employees of the Commission to be compliance officers for the purposes of this Part. -- 46 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 44 Authorised by the Chief Parliamentary Counsel 222B Power to issue notice (1) A compliance officer may by notice require a registered political party, candidate, group, elected member, nominated entity, associated entity, third party campaigner or donor to— (a) produce the documents or other things specified in the notice within the period and in the manner specified in the notice; or (b) appear before the compliance officer at a time and place specified in the notice to— (i) give evidence either orally or in writing; and (ii) produce the documents or other things specified in the notice. (2) If a compliance officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence in relation to a contravention or possible contravention of this Part, the compliance officer may by notice require the person to— (a) produce the documents or other things specified in the notice within the period and in the manner specified in the notice; or (b) appear before the compliance officer at a time and place specified in the notice to— (i) give evidence either orally or in writing; and -- 47 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 45 Authorised by the Chief Parliamentary Counsel (ii) produce the documents or other things specified in the notice. (3) A notice under this section— (a) must be in writing; and (b) may be served personally or by post. 222C Review of decision to issue notice (1) A person who is served with a notice under section 222B may request the Commission to review the decision of the compliance officer to issue the notice. (2) A request under subsection (1) must— (a) be in writing; and (b) be given to the Commission within 14 days of the day on which the notice was received. (3) The Commission must— (a) review the decision of the compliance officer to issue the notice; and (b) affirm, vary or set aside the decision; and (c) notify the person in writing of its decision on the review. (4) If a person requests a review of a decision, the person is not to be taken to have refused or failed to comply with the notice to which the review relates any time before the Commission has notified the person of its decision on the review. -- 48 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 46 Authorised by the Chief Parliamentary Counsel 222D Offences in relation to notice issued under section 222B (1) A person who refuses to comply with a notice issued under section 222B to the extent that the person is capable of complying is guilty of an offence. Penalty: 200 penalty units. (2) A person who in purported compliance with a notice issued under section 222B gives evidence that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence. Penalty: 200 penalty units. Subdivision 2—Register of Nominated Entities 222E Register of Nominated Entities (1) The Commission must establish and maintain a register, to be known as the Register of Nominated Entities, in accordance with this Division. (2) The Commission must publish the Register of Nominated Entities on its Internet site. 222F Nomination and eligibility for appointment as nominated entity (1) A registered political party may appoint an entity as the nominated entity of the registered political party. (2) Subject to subsection (3), an entity is eligible to be appointed as the nominated entity of a registered political party if the entity is an incorporated body— -- 49 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 47 Authorised by the Chief Parliamentary Counsel (a) that is controlled, within the meaning of section 50AA of the Corporations Act, by the registered political party; and (b) that— (i) operates for the sole benefit of the members of the registered political party; or (ii) is established and maintained, or is the trustee of a trust established and maintained, for the sole benefit of the members of the registered political party; and (c) that does not have voting rights in the registered political party. (3) Despite subsection (2), if the first appointment of an entity as the nominated entity of a registered political party is made before 1 July 2020, an entity is eligible to be appointed as the nominated entity of the registered political party if the entity is an incorporated body— (a) that— (i) operates for the principal benefit of the members of the registered political party; or (ii) is established and maintained, or is the trustee of a trust established and maintained, for the principal benefit of the members of the registered political party; and (b) that does not have voting rights in the registered political party. -- 50 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 48 Authorised by the Chief Parliamentary Counsel (4) Despite subsection (1), an entity is not eligible to be appointed as the nominated entity of a registered political party if— (a) the entity is currently the nominated entity of another registered political party; or (b) the entity, or an officer of the entity within the meaning of section 9 of the Corporations Act, has been convicted of an offence under Part 12 of this Act; or (c) the appointment of another entity as the nominated entity of the registered political party is in effect. 222G Appointment as nominated entity (1) A registered political party may provide written notice of the appointment of an entity as its nominated entity to the Commission, in the form and manner determined by the Commission, specifying— (a) the name and address of the registered political party; and (b) the name and address of the entity; and (c) such other information as is determined by the Commission. (2) An entity appointed as the nominated entity of a registered political party must provide to the Commission— (a) written notice, in the form and manner determined by the Commission, that the entity consents to the appointment; and -- 51 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 49 Authorised by the Chief Parliamentary Counsel (b) a declaration, duly executed by the entity, stating that the entity is eligible to be appointed as the nominated entity of the registered political party. 222H When does an appointment as a nominated entity take effect? (1) If a registered political party has provided written notice of the appointment of an entity as its nominated entity under section 222G(1), the Commission must enter the name and address of the nominated entity as the nominated entity of the registered political party on the Register of Nominated Entities if— (a) the entity has provided written notice to the Commission under subsection 222G(2) that it consents to the appointment and is eligible to be appointed; and (b) the Commission is satisfied that the entity is eligible to be appointed as the nominated entity of the registered political party. (2) The appointment of the entity as the nominated entity of the registered political party takes effect when the Commission enters the name and address of the entity, and the registered political party of which the entity is the nominated entity, on the Register of Nominated Entities. (3) The Commission may request that an entity provide the Commission with any evidence it requires to satisfy itself that the entity is eligible to be appointed as the nominated entity for a registered political party. -- 52 of 129 -- Part 3—Amendments relating to prohibited political donations and powers of the Commission Electoral Legislation Amendment Act 2018 No. 30 of 2018 50 Authorised by the Chief Parliamentary Counsel 222I When does an appointment as a nominated entity cease? (1) The appointment of an entity as the nominated entity of a registered political party ceases if the Commission removes the name and address of the entity, as the nominated entity of the registered political party, from the Register of Nominated Entities. (2) The Commission may only remove the name and address of an entity from the Register of Nominated Entities if— (a) the entity provides the Commission with a written notice stating that the entity has resigned as the nominated entity, or provides the Commission with a notice under subsection (3) that the entity has ceased to be eligible to be the nominated entity; or (b) the registered political party that appointed the entity provides the Commission with a written notice stating that the registered political party has revoked the appointment of the nominated entity; or (c) the entity, or an officer of the entity within the meaning of section 9 of the Corporations Act, is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918. (3) The nominated entity of a registered political party must provide written notice to the Commission within 7 days of the nominated entity ceasing to be eligible to be the nominated entity of the registered political party.". -- 53 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 51 Authorised by the Chief Parliamentary Counsel Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding 46 Amendment of section 206—Definitions Insert the following definitions in section 206(1) of the Electoral Act 2002— "administrative expenditure funding means funding paid to a registered political party or an independent elected member for administrative expenses, including expenses incurred in complying with this Part; Register of Agents means the Register of Agents established under section 207A; registered agent means— (a) a person nominated as the agent of a candidate at an election, a group, an elected member, an associated entity or a third party campaigner whose name and address is registered on the Register of Agents; or (b) if a person has not been nominated, the person who is to be taken to be the registered agent of a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner in accordance with section 207B or 207C; registered officer has the meaning given to registered officer of a registered political party by section 44; small contribution means a political donation that is equal to or less than the value of $50; -- 54 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 52 Authorised by the Chief Parliamentary Counsel State campaign account means the separate account or accounts required to be kept under section 207F;". 47 New Divisions 1A and 1B inserted in Part 12 (1) After section 207 of the Electoral Act 2002 insert— "Division 1A—Register of Agents 207A Register of Agents The Commission must establish and maintain a Register of Agents in accordance with this Division which contains the prescribed details. 207B Appointment of agent by a candidate at an election, group or elected member (1) Subject to subsection (4), a candidate at an election may appoint a person to be their agent in relation to the election. (2) Subject to subsection (4), the members of a group may jointly appoint a person to be their agent in relation to the election. (3) Subject to subsection (4), an elected member may appoint a person to be their agent in relation to the election. (4) If— (a) a registered political party has endorsed a candidate; or (b) all the members of a group are members of the same registered political party; or -- 55 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 53 Authorised by the Chief Parliamentary Counsel (c) an elected member is a member of a registered political party— the registered officer of the registered political party is to be taken to be the agent of the candidate, group or elected member. (5) Subject to subsection (4), during any period in which there is no appointment in force under subsection (1) of an agent of a candidate, a candidate at an election is to be taken to be their own agent in relation to the election. (6) Subject to subsection (4), during any period in which there is no appointment in force under subsection (2) of an agent of a group, the candidate whose name appears first in the group on the ballot-paper is to be taken to be the agent of the group in relation to the election. (7) Subject to subsection (4), during any period in which there is no appointment in force under subsection (3) of an agent of an elected member, the elected member is to be taken to be their own agent in relation to the election. 207C Agent of associated entity, third party campaigner or nominated entity (1) An associated entity may appoint a person to be an agent of the associated entity. (2) During any period in which there is no appointment in force under subsection (1) of an agent of an associated entity, the financial controller of the associated entity is to be taken to be the agent of the associated entity. (3) A third party campaigner may appoint a person to be an agent of the third party campaigner. -- 56 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 54 Authorised by the Chief Parliamentary Counsel (4) During any period in which there is no appointment in force under subsection (3) of an agent of a third party campaigner— (a) if the third party campaigner is a natural person, the third party campaigner; or (b) in any other case, the financial controller of the third party campaigner— is to be taken to be the agent of the third party campaigner. (5) The registered officer of a registered political party is taken to be the agent of the nominated entity of the registered political party, if the registered political party has a nominated entity. (6) In this section, financial controller means, if the associated entity or third party campaigner— (a) is a corporation, the secretary of the corporation; or (b) is a trustee of a trust and the trustee is a natural person, the trustee; or (c) is neither a corporation nor a trustee of a trust who is a natural person, the person responsible for keeping the financial records of the associated entity or third party campaigner. 207D Requirements in relation to appointment of agent (1) An appointment of a person as an agent under this Division has no effect unless— (a) the person has attained the age of 18 years; and -- 57 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 55 Authorised by the Chief Parliamentary Counsel (b) the person or entity making the appointment has provided written notice of the appointment to the Commission in the form and in the manner determined by the Commission specifying— (i) the name and address of the person or entity making the appointment; and (ii) the name and address of the person appointed as an agent; and (iii) any other information determined by the Commission; and (c) the person appointed as an agent has provided to the Commission in the form and in the manner determined by the Commission— (i) their consent to the appointment; and (ii) a declaration signed by the person stating that they are eligible to be appointed as an agent. (2) A person is not eligible to be appointed as an agent if the person has been convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918. 207E When is appointment of agent in effect? (1) The appointment of an agent as a registered agent takes effect when the Commission enters the name and address of the person appointed as an agent on the Register of Agents. -- 58 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 56 Authorised by the Chief Parliamentary Counsel (2) A person ceases to be a registered agent if the Commission removes the name and address of the person from the Register of Agents. (3) The Commission may only remove the name and address of a person from the Register of Agents if— (a) the person provides the Commission with a written notice stating that they have resigned as an agent; or (b) the person or entity who appointed the person as their agent provides the Commission with a written notice stating that they have revoked the appointment of the person as their agent; or (c) the person is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918; or (d) the Commission is notified of the death of the person appointed as an agent in accordance with subsection (4). (4) If a person who is a registered agent dies, the person or entity who appointed the person as their agent must provide to the Commission— (a) written notice of the death of the person appointed as their agent; and (b) written notice of the appointment of another person as their agent in accordance with section 207D. -- 59 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 57 Authorised by the Chief Parliamentary Counsel (5) If a person who is a registered agent is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918, the person or entity who appointed the person as their agent must provide to the Commission written notice of the appointment of another person as their agent in accordance with section 207D— (a) within 28 days after the conviction; or (b) if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined. Division 1B—State campaign account 207F State campaign account (1) The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must keep a State campaign account consisting of a separate account or accounts with an ADI for the purpose of State elections. (2) The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must ensure that each political donation (including each small contribution) received under Division 3 by the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is paid into the State campaign account. -- 60 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 58 Authorised by the Chief Parliamentary Counsel (3) The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must ensure that any amount kept in any account for Commonwealth electoral purposes by the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is not paid into the State campaign account. (4) The registered officer of a registered political party must ensure that any amount received as— (a) an annual subscription paid to the registered political party by a person in respect of the person's membership of the registered political party; or (b) an annual affiliation fee paid to the registered political party by an associated entity; or (c) an annual levy paid to the registered political party by an elected member or a member of staff of the elected member (including an electoral officer), or by an employee or elected official of the registered political party— is not paid into the State campaign account. (5) If a registered agent of an associated entity or a third party campaigner pays into the State campaign account an amount received as— (a) an annual subscription paid to the associated entity or third party campaigner by a person in respect -- 61 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 59 Authorised by the Chief Parliamentary Counsel of the person's membership of the associated entity or third party campaigner; or (b) an annual levy paid to the associated entity or third party campaigner by an elected official or employee of the associated entity or third party campaigner— the amount is to be taken to be a political donation within the meaning of section 206(1) and sections 216, 217D, 217J and 217K apply accordingly. (6) The registered officer of a registered political party and the registered agent of a candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner must ensure that no amount of money for political expenditure is paid for by the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner unless the amount is paid from the State campaign account. (7) The regulations may prescribe— (a) what other amounts of any kind may be paid into a State campaign account; and (b) what other amounts of any kind must not be paid into a State campaign account. (8) After debts have been paid, any amount remaining in a State campaign account— (a) of a candidate at an election when the candidate is not successful, or when an elected member ceases to be a member, is to be paid— -- 62 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 60 Authorised by the Chief Parliamentary Counsel (i) if the candidate or elected member was a member of a registered political party, to the registered political party for payment into its State campaign account; or (ii) if the candidate or elected member was not a member of a registered political party, to a charity nominated by the candidate or elected member or their registered agent; or (b) of a group when one or more of the group is not successful or ceases to be an elected member, is to be paid— (i) to the remaining member of the group, or if more than one remaining member, to each of the remaining members in equal shares, for payment into the relevant State campaign account; or (ii) if there are no remaining members of the group and the members had been endorsed by a registered political party, to the registered political party for payment into its State campaign account; or (iii) if there are no remaining members of the group and the members had not been endorsed by a registered political party, to a charity nominated by the registered agent of the group.". -- 63 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 61 Authorised by the Chief Parliamentary Counsel (2) Before section 208 of the Electoral Act 2002 insert— "Division 1C—Administrative Expenditure Funding 207G Definitions In this Division— claimable expenditure means expenditure for administrative expenses as determined by the Commission, subject to the following— (a) the following expenditure is included— (i) expenditure for the administration or management of the activities of the eligible party or elected member; (ii) expenditure for conferences, seminars, meetings or similar functions at which the policies of the eligible party or elected member are discussed or formulated; (iii) expenditure in respect of the audit of the financial accounts of, or claims for payment or disclosures under the Act of, the eligible party or elected member; (iv) expenditure on the remuneration of staff engaged in the matters referred to in subparagraphs (i) to (iii) for the eligible -- 64 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 62 Authorised by the Chief Parliamentary Counsel party or elected member to the extent that that expenditure relates to the time that the staff are engaged in those matters; (v) expenditure on equipment or vehicles used by staff whilst engaged in the matters referred to in subparagraphs (i) to (iii) for the eligible party or elected member to the extent that that expenditure relates to use of the equipment or vehicles by the staff whilst engaged in those matters; (vi) expenditure on office accommodation for the staff and equipment referred to in subparagraphs (iv) and (v); (vii) expenditure on interest payments on loans; (b) the following expenditure is not included— (i) political expenditure; (ii) electoral expenditure; (iii) expenditure for which an elected member has claimed a parliamentary allowance as a member; -- 65 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 63 Authorised by the Chief Parliamentary Counsel (iv) expenditure that is incurred substantially in respect of operations or activities relating to the election of members of the eligible party to a Parliament other than the Parliament of Victoria; election quarter, of a year in which a scheduled general election period occurs, means the quarter of that year beginning on 1 October; independent elected member means an elected member who is not a member of a registered party; scheduled general election period means the period commencing on 1 July in a year that a general election under section 61(1)(a) is to be held and ending on the day that the general election is held (both days inclusive). 207GA Entitlement to administrative expenditure funding (1) Subject to this section and section 207GB, the following are eligible to receive an annual amount of administrative expenditure funding as follows— (a) for an independent elected member, an amount of $200 000; (b) for a registered political party, an amount of— (i) $200 000 for the first elected member; and (ii) $70 000 for the second elected member; and -- 66 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 64 Authorised by the Chief Parliamentary Counsel (iii) $35 000 for each of the third to the forty-fifth elected members. (2) The Commission must make payments of administrative expenditure funding under this section quarterly in advance. (3) In an election quarter, the Commission must make payments of administrative expenditure funding— (a) in advance on a pro-rata basis for the period— (i) beginning on 1 October of that year; and (ii) ending in the day of the general election; and (b) in arrears on a pro-rata basis for the period— (i) beginning on the day after the day of the general election; and (ii) ending on 31 December in that year. (4) The entitlement to receive a quarterly payment of administrative expenditure funding is to be calculated on a pro-rata basis for— (a) each day in the quarter that an elected member is an independent elected member; or (b) each day in the quarter that an elected member is a member of a registered political party. -- 67 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 65 Authorised by the Chief Parliamentary Counsel (5) In a scheduled general election period— (a) an independent elected member only has an entitlement under subsection (1) if the independent elected member subsequently nominates as a candidate under section 69 and stands for election to the Parliament of Victoria at the general election; and (b) a registered political party only has an entitlement under subsection (1) in respect of each elected member of the registered political party who subsequently nominates as a candidate under section 69 and stands for election to the Parliament of Victoria at the general election as an endorsed candidate of that registered political party. (6) Despite subsection (3), the first payment of administrative expenditure funding is to be— (a) payable from 1 August 2018; and (b) paid on a pro-rata basis for the period commencing on 1 August 2018 and ending on 30 September 2018. 207GB Request to Commission to receive administrative expenditure funding (1) For the purpose of having an entitlement to receive payments of administrative expenditure funding in respect of a scheduled general election period, the registered officer of a registered political party or the registered agent of an independent elected member must provide a request in writing to the Commission that the registered political party or independent elected member receive payments of -- 68 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 66 Authorised by the Chief Parliamentary Counsel administrative expenditure funding for the period. (2) A request under subsection (1) must— (a) be in the form determined by the Commission; and (b) in the case of a request by the registered agent of an independent elected member, state that the independent elected member intends to stand for election to the Parliament of Victoria at the general election in that year; and (c) in the case of a request by the registered officer of a registered political party, state— (i) that all of the elected members intend to stand for election to the Parliament of Victoria at the general election in that year as endorsed candidates of the registered political party; or (ii) if all of the elected members do not intend to stand for election to the Parliament of Victoria at the general election in that year as endorsed candidates of the registered political party, the number of elected members that do intend to stand for election to the Parliament of Victoria at the general election in that year as endorsed candidates of the registered political party; (d) include an acknowledgement from the registered officer or registered agent that administrative expenditure funding that is not used to incur claimable -- 69 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 67 Authorised by the Chief Parliamentary Counsel expenditure must be repaid to the Commission; and (e) include an acknowledgement from the registered officer or registered agent that administrative expenditure funding will not be— (i) paid into the State campaign account; or (ii) used to incur any of the following expenditure— (A) political expenditure; (B) electoral expenditure; (C) expenditure for which an elected member has claimed a parliamentary allowance as a member; (D) expenditure that is incurred substantially in respect of operations or activities relating to the election of members of the eligible party to a Parliament other than the Parliament of Victoria. (3) For the purpose of having an entitlement to receive payments of administrative expenditure funding in respect of any period other than a scheduled general election period, the registered officer of a registered political party or the registered agent of an independent elected member must provide a request in writing to the Commission that the registered political party or independent elected member receive payments of administrative expenditure funding for the period. -- 70 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 68 Authorised by the Chief Parliamentary Counsel (4) A request under subsection (3) must— (a) be in the form determined by the Commission; and (b) include an acknowledgement from the registered officer or registered agent that administrative expenditure funding that is not used to incur claimable expenditure must be repaid to the Commission; and (c) include an acknowledgement from the registered officer or registered agent that administrative expenditure funding will not be— (i) paid into the State campaign account; or (ii) used to incur any of the following expenditure— (A) political expenditure; (B) electoral expenditure; (C) expenditure for which an elected member has claimed a parliamentary allowance as a member; (D) expenditure that is incurred substantially in respect of operations or activities relating to the election of members of the eligible party to a Parliament other than the Parliament of Victoria. -- 71 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 69 Authorised by the Chief Parliamentary Counsel (5) A request under subsection (3) continues in effect until— (a) a new request is provided under subsection (3); or (b) the commencement of the next scheduled general election period. (6) If an elected member ceases to be a member of a registered political party and becomes an independent elected member during the term of the Parliament, the registered agent of the independent elected member must provide a request to the Commission under subsection (1) or (3) for the purpose of having an entitlement to receive payments of administrative expenditure funding. (7) If the number of elected members of a registered political party increases during the term of the Parliament, the registered officer of the registered political party must provide a new request to the Commission under subsection (1) or (3) for the purpose of having an entitlement to receive payments of administrative expenditure funding in respect of the increase in the number of elected members. (8) If the entitlement of a registered political party decreases during the term of the Parliament because the number of elected members of the registered political party has decreased, the registered officer of the registered political party— (a) is not required to provide a new request to the Commission under subsection (1) or (3); and -- 72 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 70 Authorised by the Chief Parliamentary Counsel (b) is required to notify the Commission, within 28 days of the decrease in the number of elected members occurring, of the number of elected members of the registered political party so as to enable the Commission to calculate the payment of administrative expenditure funding in accordance with section 207GA(4). (9) If the entitlement of an independent elected member decreases during the term of the Parliament because the elected member has ceased to be an independent elected member, the registered agent of the independent elected member— (a) is not required to provide a new request to the Commission under subsection (1) or (3); and (b) is required to notify the Commission, within 28 days of the elected member ceasing to be an independent elected member, that the elected member has ceased to be an independent elected member so as to enable the Commission to calculate the payment of administrative expenditure funding in accordance with section 207GA(4). (10) For the purposes of a request made under this section before 25 November 2018— (a) if the request is made under subsection (1), subsection (2) applies as if subsection (2)(e)(i) were omitted; and (b) if the request is made under subsection (3), subsection (4) applies as if subsection (4)(c)(i) were omitted. -- 73 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 71 Authorised by the Chief Parliamentary Counsel (11) For the avoidance of doubt, if a request under this section is not provided to the Commission before a payment of administrative expenditure funding is due to be made by the Commission, the entitlement to the payment of administrative expenditure funding is not affected but the Commission cannot make the payment until the request is provided to the Commission. 207GC Annual return (1) The registered officer of a registered political party or the registered agent of an independent elected member must, within 16 weeks after the end of each calendar year, provide an annual return to the Commission that— (a) is in the form determined by the Commission; and (b) specifies that the registered political party or independent elected member has in relation to the calendar year spent or incurred claimable expenditure— (i) not less than the amount of the entitlement to administrative expenditure funding under section 207GA; or (ii) less than the amount of the entitlement to administrative expenditure funding under section 207GA, being the amount specified in the annual return. -- 74 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 72 Authorised by the Chief Parliamentary Counsel (2) An annual return under subsection (1) must be accompanied by a declaration made by the registered officer of the registered political party or the registered agent of the independent elected member providing the annual return stating that the registered officer or registered agent has no reason to believe that any matter stated in the annual return is not correct. (3) If the Commission has not been provided with an annual return within the period specified in subsection (1)— (a) the registered political party or independent elected member is to be taken to have incurred no claimable expenditure in relation to the calendar year; and (b) the registered political party or independent elected member must repay to the Commission in accordance with section 207GF the total amount of payments of administrative expenditure funding received in relation to that calendar year. 207GD Audit of annual return (1) An annual return under section 207GC(1) by the registered officer of a registered political party must be provided to the Commission with the certificate of a registered company auditor within the meaning of the Corporations Act. (2) An annual return under section 207GC(1) by the registered agent of an independent elected member must be provided to the Commission with the certificate of an independent auditor advising that the -- 75 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 73 Authorised by the Chief Parliamentary Counsel statement has been audited in accordance with Australian Accounting Standards as specified in section 334(1) of the Corporations Act. (3) A certificate under subsection (1) or (2) must state that the auditor— (a) was given full and free access at all reasonable times to all accounts, records, documents and papers relating directly or indirectly to any matter required to be specified in the annual return; and (b) examined the material referred to in paragraph (a) for the purpose of giving the certificate; and (c) received all information and explanations that the auditor requested in respect of any matter required to be specified in the annual return; and (d) has no reason to believe that any matter stated in the annual return is not correct. (4) An annual return is to be taken not to have been provided to the Commission unless the certificate required by this section is attached to the annual return. 207GE Powers of Commission (1) If the Commission is satisfied on reasonable grounds that information provided in the annual return or the certificate is materially incorrect, the Commission may by notice in writing request the auditor to provide further information as specified in the notice within 14 days of the date of the notice. -- 76 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 74 Authorised by the Chief Parliamentary Counsel (2) If the auditor fails to provide the requested information, the Commission may by notice in writing request the registered officer of the registered political party or the registered agent of the independent elected member to provide further information as specified in the notice within 14 days of the date of the notice. (3) If the registered officer of the registered political party or the registered agent of the independent elected member fails to provide the requested information, the Commission may— (a) withhold any payment under section 207GA until the requested information is provided; or (b) if a payment has already been made under section 207GA, recover the payment under section 207GF. 207GF Recovery of administrative expenditure funding (1) If a registered political party or an independent elected member has received a payment of administrative expenditure funding in respect of any quarter that exceeds the entitlement at the end of that quarter as a result of being calculated on a pro-rata basis under section 207GA or for any other reason, an amount equal to the excess must be— (a) deducted by the Commission from any amount of administrative expenditure funding payable to the registered political party or the independent elected member in respect of any subsequent quarter; or -- 77 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 75 Authorised by the Chief Parliamentary Counsel (b) if the Commission makes a request in writing to the registered officer of the registered political party or the registered agent of the independent elected member, repaid to the Commission within the period specified in the request. (2) If the total amount of the payments of administrative expenditure funding received in respect of a calendar year by a registered political party or an independent elected member is greater than the amount of claimable expenditure specified in the annual return in respect of that calendar year, an amount equal to the excess must be— (a) deducted by the Commission from any amount of administrative expenditure funding payable to the registered political party or the independent elected member in respect of any subsequent quarter; or (b) if the Commission makes a request in writing to the registered officer of the registered political party or the registered agent of the independent elected member, repaid to the Commission within the period specified in the request; or (c) if the registered political party or independent elected member is not entitled to receive payments of administrative expenditure funding in the subsequent quarter, repaid to the Commission within 60 days of the date of the notice requesting the payment. -- 78 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 76 Authorised by the Chief Parliamentary Counsel (3) If a registered political party has received any payments of administrative expenditure funding in respect of a scheduled general election period and some or all of the elected members of the registered political party did not stand for election to the Parliament of Victoria at the general election as an endorsed candidate of that registered political party, the total amount of payments of administrative expenditure funding in the scheduled general election period in respect of the elected members who did not stand must be repaid to the Commission by the registered political party within 60 days of the end of the calendar year in which the payments of administrative expenditure funding were made. (4) If an independent elected member has received any payments of administrative expenditure funding in respect of a scheduled general election period and the independent elected member did not stand for election to the Parliament of Victoria at the general election, the total amount of payments of administrative expenditure funding in the scheduled general election period in respect of the independent elected member must be repaid to the Commission by the former independent elected member within 60 days of the end of the calendar year in which the payments of administrative expenditure funding were made. -- 79 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 77 Authorised by the Chief Parliamentary Counsel (5) If the registered political party, independent elected member or former independent elected member does not repay any amount required to be repaid to the Commission under this section, the Commission may recover the amount as a debt due to the State in a court of competent jurisdiction. 207GG Prohibition on the payment or use of administrative expenditure funding (1) The registered officer of a registered political party or the registered agent of an independent elected member must ensure that any payment of administrative expenditure funding received on or after 25 November 2018 is not paid into the State campaign account. (2) The registered officer of a registered political party or the registered agent of an independent elected member must ensure that any payment of administrative expenditure funding received by the registered political party or the independent elected member is not used to incur any of the following expenditure— (a) political expenditure; (b) electoral expenditure; (c) expenditure for which an elected member has claimed a parliamentary allowance as a member; (d) expenditure that is incurred substantially in respect of operations or activities relating to the election of members of the eligible party to a Parliament other than the Parliament of Victoria. -- 80 of 129 -- Part 4—Amendments relating to Register of Agents, State campaign accounts and administrative funding Electoral Legislation Amendment Act 2018 No. 30 of 2018 78 Authorised by the Chief Parliamentary Counsel (3) If the Commission becomes aware that a payment of administrative expenditure funding has been paid or used in contravention of subsection (1) or (2), the Commission must notify the registered officer of the registered political party or the registered agent of the independent elected member that the registered political party or the independent elected member must pay a penalty equal to 200 per cent of the amount paid or used in contravention of subsection (1) or (2) to the Commission within 60 days of the date of the notice. (4) If the registered political party or the independent elected member does not pay the amount specified under subsection (3), the Commission may— (a) deduct the amount from any amount of administrative expenditure funding payable to the registered political party or the independent elected member in respect of any subsequent quarter; or (b) if the registered political party or independent elected member is not entitled to receive payments of administrative expenditure funding in the subsequent quarter, recover the amount as a debt due to the State in a court of competent jurisdiction. -- 81 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 79 Authorised by the Chief Parliamentary Counsel Part 5—Amendments relating to political donations disclosure and reporting scheme 48 Amendment of section 206—Definitions (1) Insert the following definitions in section 206(1) of the Electoral Act 2002— "annual return means an annual return required to be provided to the Commission under Division 1C or 3C; disclosure return means a disclosure return required to be provided to the Commission under section 216; general cap means $4000;". (2) In section 206(1) of the Electoral Act 2002— (a) for the definition of election period substitute— "election period means— (a) the period commencing on the day after election day of the 2018 general election and ending on election day of the subsequent general election; and (b) each subsequent period commencing on the day after election day of the previous general election and ending on the next general election day;"; (b) the definition of relevant licence is repealed. (3) In section 206(1) of the Electoral Act 2002, in the definition of electoral expenditure, for "period of 12 months immediately before election day" substitute "election period". -- 82 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 80 Authorised by the Chief Parliamentary Counsel (4) Section 206(5) of the Electoral Act 2002 is repealed. 49 Amendment of heading to Division 2 of Part 12 For the heading to Division 2 of Part 12 of the Electoral Act 2002 substitute "Division 2— Public Funding". 50 Amendment of section 208—Statement of expenditure (1) In section 208(1) and (2) of the Electoral Act 2002, after "incurred" insert "political expenditure and electoral expenditure". (2) After section 208(2) of the Electoral Act 2002 insert— "(3) To avoid doubt, political expenditure and electoral expenditure is incurred in relation to an election if— (a) in the case of a general election, it is incurred during the election period for the election; or (b) in the case of a by-election, it is incurred in relation to the by-election.". 51 Amendment of section 209—Audit of statement (1) In section 209(1) of the Electoral Act 2002, after "208(1)" insert "or an annual return given under section 217I". (2) In section 209(2) of the Electoral Act 2002, after "208(2)" insert "or an annual return given under section 217J, 217K or 217L". (3) In section 209(4) of the Electoral Act 2002, after "A statement" insert "or an annual return given under section 217I, 217J, 217K or 217L". -- 83 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 81 Authorised by the Chief Parliamentary Counsel (4) In section 209(4) of the Electoral Act 2002, after "the statement" insert "or the annual return, as the case requires". 52 Amendment of section 211—Entitlement (1) In section 211(2) of the Electoral Act 2002, for "an election" substitute "the election held on 24 November 2018". (2) After section 211(2) of the Electoral Act 2002 insert— "(2A) The sum of— (a) $6 is payable for each first preference vote given for a candidate for election to the Assembly in an election held after 24 November 2018; and (b) $3 is payable for each first preference vote given for a candidate for election to the Council in an election held after 24 November 2018.". (3) In section 211(3) of the Electoral Act 2002, after "the election" insert "or the candidate is elected at the election". 53 Amendment of section 212—Making of payments (1) In section 212(2) of the Electoral Act 2002, for "The" substitute "Subject to subsection (2A), the". (2) After section 212(2) of the Electoral Act 2002 insert— "(2A) The amount payable is reduced by double the amount of the part of the amount of any political donation that is received in contravention of this Part by— -- 84 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 82 Authorised by the Chief Parliamentary Counsel (a) in an election for a candidate endorsed by a registered political party, the candidate or the registered political party during the election period; or (b) in an election for a candidate who is not endorsed by a registered political party, the candidate during the election period.". (3) After section 212(4) of the Electoral Act 2002 insert— "(4A) The registered officer of a registered political party or a candidate who receives a payment from the Commission under this section must pay the amount of the payment into the State campaign account.". 54 New sections 212A and 212B inserted—Instalment payments of public funding entitlement After section 212 of the Electoral Act 2002 insert— "212A Instalment payments of public funding entitlement (1) This section applies to an eligible registered political party or an eligible independent candidate. (2) Subject to subsection (5), an eligible registered political party or an eligible independent candidate is to be paid, in relation to a general election, an amount equal to the payment received under section 212(3) or (4) in relation to the immediately preceding general election, in 4 instalments as follows— (a) 40 per cent within 30 days after the Commission is given the statement under section 208 in relation to the -- 85 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 83 Authorised by the Chief Parliamentary Counsel immediately preceding general election; (b) 20 per cent on 30 April in each of the 2 calendar years preceding the calendar year in which the general election to which the payment relates is held; (c) 20 per cent on 30 April in the calendar year in which the general election to which the payment relates is held. (3) If the amount payable to the eligible registered political party or the eligible independent candidate under section 212(3) or (4) in relation to the general election is greater than the amount paid to the eligible registered political party or the eligible independent candidate under subsection (2), the Commission must make a payment equal to the balance in accordance with section 212(3) or (4). (4) If the amount payable to the eligible registered political party or the eligible independent candidate under section 212(3) or (4) in relation to the general election is less than the amount paid to the eligible registered political party or the eligible independent candidate under subsection (2)— (a) the amount of the overpayment must be deducted by the Commission from the first instalment of payment otherwise to be made to the eligible registered political party or the eligible independent candidate for the next general election and any balance still outstanding must be repaid to the Commission; or -- 86 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 84 Authorised by the Chief Parliamentary Counsel (b) the amount of the overpayment must be repaid to the Commission if the registered political party or independent candidate— (i) is not eligible to receive payment under this section in relation to the next general election; or (ii) has not elected to receive payment under this section in relation to the next general election. (5) If a general election is to be held under section 61(1)(b) due to the dissolution of the Assembly, and at the time the general election is to be held all the instalments under subsection (2) have not become payable— (a) no further instalments are to be made; and (b) subsections (3) and (4) apply in respect of the amount already paid in relation to the general election. (6) An amount paid by way of an instalment under paragraph (2)(b) or (c) to an eligible registered political party or an eligible independent candidate must not be used by the eligible registered political party or eligible independent candidate as security or collateral (however described) for a loan. (7) In this section— eligible independent candidate means an independent candidate who— (a) has received a payment under section 212(4) in respect of votes given at the immediately -- 87 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 85 Authorised by the Chief Parliamentary Counsel preceding general election to the independent candidate; and (b) makes an election in writing to the Commission, at the time that the independent candidate gives the Commission the statement under section 208 in relation to the immediately preceding general election, that they wish to receive payments under this section; eligible registered political party means a registered political party which— (a) has received a payment under section 212(3) in respect of votes given at the immediately preceding general election for a candidate endorsed by the registered political party; and (b) makes an election in writing to the Commission, at the time that the registered political party gives the Commission the statement under section 208 in relation to the immediately preceding general election, that they wish to receive payments under this section; independent candidate means a candidate at an election who is not endorsed by a registered political party; loan means— (a) an advance of money; or (b) the provision of credit or any other form of financial accommodation; or -- 88 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 86 Authorised by the Chief Parliamentary Counsel (c) the payment of an amount for, on account of, on behalf of or at the request of, the receiver, where there is an express or implied obligation to repay that amount; or (d) any other transaction, whatever its terms or form, that in substance is a loan of money— and includes a loan made on a commercial basis by a financial institution. 212B Special rule for instalment payments of public funding entitlement in relation to 2022 general election (1) This section applies to an eligible registered political party or an eligible independent candidate (within the meaning of section 212A) in relation to the general election to be held in 2022 (the 2022 election). (2) Despite section 212A(2), for the purposes of the payment for the 2022 election, the amount that the eligible registered political party or eligible independent candidate is entitled to receive is to be calculated on the assumption that section 211(2A) as inserted by section 52(2) of the Electoral Legislation Amendment Act 2018 had applied in respect of the previous general election. (3) The amount is payable in relation to the 2022 election in 4 instalments as follows— (a) 40 per cent within 30 days after the Commission is given the statement under section 208 in relation to the previous general election; -- 89 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 87 Authorised by the Chief Parliamentary Counsel (b) 20 per cent on 30 April in each of the 2 calendar years preceding the calendar year in which the 2022 general election is held; (c) 20 per cent on 30 April in the calendar year in which the 2022 election is held. (4) Section 212A(3) to (7) apply in relation to a payment referred to in subsection (2) of this section in the same way as they apply to a payment referred to in section 212A(2).". 55 Repeal of section 214—Indexation Section 214 of the Electoral Act 2002 is repealed. 56 New Division 2A inserted in Part 12 After Division 2 of Part 12 of the Electoral Act 2002 insert— "Division 2A—Policy development funding 215A Policy development funding (1) The Commission must make payments of policy development funding to eligible registered political parties to reimburse costs relating to policy development in accordance with this section. (2) An eligible registered political party is entitled to an annual payment of policy development funding equal to the greater of— (a) the sum of $1.00 for each first preference vote given for a candidate who was endorsed by the registered -- 90 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 88 Authorised by the Chief Parliamentary Counsel political party at the previous general election; or (b) $25 000. (3) A registered political party is an eligible registered political party if— (a) the registered political party has been a registered political party for the whole of the calendar year; and (b) the registered officer of the registered political party did not receive a payment under section 212(3) in respect of any election during the calendar year or the previous general election; and (c) the registered political party was not entitled to receive a payment of administrative expenditure funding under section 207G during the calendar year; and (d) the Commission is satisfied that the registered political party operates as a genuine political party; and (e) the registered officer of the registered political party has complied with subsection (4). (4) For the purpose of having an entitlement under subsection (2), the registered officer of the registered political party must, within 20 weeks of the end of the calendar year, provide to the Commission a statement, in the form approved by the Commission, specifying that the registered political party has spent or incurred policy development expenditure in relation to the calendar year— -- 91 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 89 Authorised by the Chief Parliamentary Counsel (a) not less than the amount of the entitlement under subsection (2); or (b) less than the amount of the entitlement under subsection (2), being the amount specified in the statement. (5) For the purposes of subsection (4), policy development expenditure means expenditure as determined from time to time by the Commission but does not include political expenditure or electoral expenditure. (6) The registered officer of the registered political party must ensure that any payment received from the Commission under this section is not— (a) paid into the State campaign account; or (b) used for electoral expenditure. 215B Audit of statement (1) A statement under section 215A(4) must be provided to the Commission with the certificate of a registered company auditor within the meaning of the Corporations Act. (2) A certificate under subsection (1) must state that the auditor— (a) was given full and free access at all reasonable times to all accounts, records, documents and papers relating directly or indirectly to any matter required to be specified in the statement; and -- 92 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 90 Authorised by the Chief Parliamentary Counsel (b) examined the material referred to in paragraph (a) for the purpose of giving the certificate; and (c) received all information and explanations that the auditor requested in respect of any matter required to be specified in the statement; and (d) has no reason to believe that any matter stated in the statement is not correct. (3) A statement is to be taken not to have been provided to the Commission unless the certificate required by this section is attached to the statement. 215C Powers of Commission (1) If the Commission is satisfied on reasonable grounds that information provided in the statement or the certificate is materially incorrect, the Commission may by notice in writing request the auditor to provide further information as specified in the notice within 14 days of the date of the notice. (2) If the auditor fails to provide the requested information, the Commission may by notice in writing request the registered officer of the registered political party to provide further information as specified in the notice within 14 days of the date of the notice. (3) If the registered officer of the registered political party fails to provide the requested information, the Commission may— (a) withhold any payment under section 215A until the requested information is provided; or -- 93 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 91 Authorised by the Chief Parliamentary Counsel (b) if a payment has already been made under section 215A, take proceedings to recover the payment under section 215D(4). 215D Making of payments (1) An amount is only payable if the statement required to be provided to the Commission has been provided to the Commission. (2) The amount payable is— (a) if the statement specifies that not less than the entitlement has been spent or incurred, the whole of the entitlement; or (b) if the statement specifies that an amount that is less than the entitlement has been spent or incurred, an amount equal to the amount specified in the statement. (3) If an amount is payable under section 215A, the Commission must make the payment to the registered officer of the registered political party within 30 days after the Commission has been provided the statement. (4) If a payment is made and the recipient is not entitled to receive the whole or a part of the amount paid, that amount or that part of that amount may be recovered by the Commission as a debt due to the State by action against the person in a court of competent jurisdiction.". -- 94 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 92 Authorised by the Chief Parliamentary Counsel 57 Division 3 of Part 12 substituted For Division 3 of Part 12 of the Electoral Act 2002 substitute— "Division 3—Disclosure of political donations 216 Disclosure of political donations (1) A donor must provide to the Commission a disclosure return for each political donation made by the donor during a financial year that is equal to or exceeds $1000 (the disclosure threshold) within 21 days of the making of the political donation. (2) A donor must provide to the Commission a disclosure return for each political donation made by the donor during a financial year that is less than the disclosure threshold, if— (a) the political donations are made to the same registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner; and (b) the sum of the political donations made by the donor to that registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner is equal to or exceeds the disclosure threshold. (3) A disclosure return required by subsection (2) for a political donation made by a donor during a financial year to a registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner must be provided as follows— -- 95 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 93 Authorised by the Chief Parliamentary Counsel (a) within 21 days of the making of the first political donation during the financial year that has the result that the sum of the political donations made by the donor during that financial year to that registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner is equal to or exceeds the disclosure threshold; (b) within 21 days of the making of each subsequent donation by the donor to that registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner during the financial year. (4) If— (a) a registered political party or a candidate at an election, a group, an elected member, a nominated entity an associated entity or a third party campaigner receives a political donation during a financial year; and (b) the political donation is equal to or exceeds the disclosure threshold— the registered officer of the registered political party, or the registered agent of the candidate, group, elected member, nominated entity, associated entity or third party campaigner, as the case requires, must provide to the Commission a disclosure return for the political donation within 21 days of receiving the political donation. -- 96 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 94 Authorised by the Chief Parliamentary Counsel (5) A disclosure return must be in the form approved by the Commission, and must include the following details— (a) the name of the donor; (b) if the donor is an individual person, the residential address of the donor; (c) if the donor is not an individual person, the address of the registered office or other official office of the donor; (d) the registered political party or the candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner that received the political donation; (e) in the case of a disclosure return required by subsection (1) or (2), the date on which the political donation or donations to which the disclosure return relates were made; (f) in the case of a disclosure return required by subsection (4), the date on which the political donation to which the disclosure return relates was received; (g) the amount of the political donation or donations, as the case requires. (6) A separate disclosure return must be provided in respect of each political donation for which a disclosure return is required, other than for a disclosure return referred to in subsection (3)(a), which must cover each donation during the financial year that results in the sum of the political donations during that financial year equalling or exceeding the disclosure threshold. -- 97 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 95 Authorised by the Chief Parliamentary Counsel (7) If a registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner receives a political donation for which a donor must provide a disclosure return, the registered officer of the registered political party or the registered agent of the candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner receiving the political donation must notify the donor of this obligation. (8) For the purposes of this section, a small contribution made by a donor or received by a registered political party, a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner is to be disregarded in determining whether the disclosure threshold has been equalled or exceeded in a financial year, unless the small contribution is made in contravention of section 218B. (9) For the purposes of this section, any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity— (a) is not to be included for the purposes of calculating the sum of political donations made by the donor for the purposes of subsection (2)(b); and (b) does not require the provision of a disclosure return under subsection (2) or (4). -- 98 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 96 Authorised by the Chief Parliamentary Counsel 217 Commission to publish disclosure return (1) Subject to subsection (2) and section 221A, the Commission must publish a disclosure return of a political donation under section 216 on its Internet site within 7 days of receiving the disclosure return. (2) The Commission may decline to publish a disclosure return of a political donation on its Internet site if the Commission considers that the disclosure return contains any particulars that are false or misleading in a material particular.". 58 Divisions 3B to 3D inserted in Part 12 After Division 3A of Part 12 of the Electoral Act 2002 insert— "Division 3B—General cap on donations 217D General cap (1) A political donation made to, or for the benefit of, any of the following— (a) a registered political party; (b) a candidate at an election; (c) a group; (d) an elected member; (e) an associated entity; (f) a third party campaigner; (g) a nominated entity of a registered political party— must not exceed the general cap for the election period. -- 99 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 97 Authorised by the Chief Parliamentary Counsel (2) Except as provided in this section, it is unlawful for a registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner to accept a political donation if— (a) the political donation; or (b) the political donation when aggregated in accordance with section 217E— would exceed the general cap. (3) It is not unlawful for a registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner to accept a political donation if— (a) the political donation exceeds the general cap because of the aggregation of political donations in accordance with section 217E; and (b) the registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner did not know and could not reasonably have known of the other political donation included in the aggregation; and (c) an amount equal to the amount by which the political donation exceeds the general cap was returned by the recipient of the political donation to the donor or otherwise forfeited to the State. -- 100 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 98 Authorised by the Chief Parliamentary Counsel (4) It is not unlawful for a person or entity to accept a political donation that would otherwise be unlawful by virtue of subsection (2) if the political donation, or that part of the political donation, that exceeds the general cap is made for Commonwealth electoral purposes and is not paid into the State campaign account of the person or entity. (5) A contribution by a candidate at an election or an elected member to their own election campaign is not included in the general cap in respect of that candidate or member. (6) A political donation to — (a) a candidate who has been selected by a political party to be a candidate in an election; or (b) an elected member who is an endorsed candidate of a registered political party; or (c) a group that is endorsed by a registered political party; or (d) a nominated entity of a registered political party— must also be included as a donation to the registered political party for the purposes of the general cap. (7) A political donation to a candidate at an election or an elected member who is a member of a group must also be included as a donation to the group for the purposes of the general cap. -- 101 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 99 Authorised by the Chief Parliamentary Counsel (8) For the avoidance of doubt, a gift that is accepted by an associated entity or a third party campaigner for a purpose that does not involve political expenditure is not included in the general cap. (9) Subject to subsection (10), for the purposes of this section, a small contribution made to, or for the benefit of, the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is to be disregarded in determining whether the general cap specified in subsection (1) has been exceeded in the election period. (10) Subsection (9) does not apply if a small contribution is made to, or for the benefit of the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner in contravention of section 218B. 217E Aggregation (1) These provisions apply for the purposes of determining the general cap under section 217D. (2) A political donation made by a donor of an amount equal to or less than the general cap is to be treated as a political donation that exceeds the general cap if that political donation and other separate political donations made by that donor to the same registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner within the election period if aggregated exceed the general cap. -- 102 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 100 Authorised by the Chief Parliamentary Counsel (3) For the purposes of this section, a political donation made by a donor to a person in the person's capacity as a candidate at an election or an elected member is aggregated for the purposes of determining the general cap. (4) Subject to subsection (5), for the purposes of this section, a small contribution made by a donor is to be disregarded. (5) Subsection (4) does not apply if a small contribution to the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner is made in contravention of section 218B. 217F Limit on political donations to third-party campaigners It is unlawful for a donor to make political donations to more than 6 third-party campaigners during the election period. 217G Forfeiture of political donations accepted in contravention of this Division (1) A political donation that is accepted in contravention of this Division is forfeited to the State. (2) An amount forfeited under subsection (1) may be recovered from the registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner that accepted the political donation. -- 103 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 101 Authorised by the Chief Parliamentary Counsel Division 3C—Annual returns and other information 217H Two or more amounts For the purposes of this Division, 2 or more amounts received or paid during the relevant financial year by, or on behalf of, the same registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner are to be taken to be one amount. 217I Annual return by registered political party (1) The registered officer of a registered political party must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that— (a) is in the form determined by the Commission; and (b) sets out the following— (i) the total amount received by, or on behalf of, the registered political party; (ii) if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the annual return must include the following particulars of that sum— (A) the full name and address of the person or entity from whom the amount was received; -- 104 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 102 Authorised by the Chief Parliamentary Counsel (B) the sum of the amount received; (C) whether the amount is a political donation or a receipt for another purpose; (iii) the total amount paid by, or on behalf of, the registered political party during the financial year; (iv) the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the registered political party; (v) if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the annual return must include the following particulars of that sum— (A) the full name and address of the person or entity to whom the amount of the debt is owed; (B) the sum of the amount that is owed; (C) whether the amount of the debt is to a financial institution or non-financial institution; (vi) any other details prescribed by the regulations. -- 105 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 103 Authorised by the Chief Parliamentary Counsel (2) For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded. 217J Annual return by associated entities (1) The registered agent of an associated entity must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that— (a) is in the form determined by the Commission; and (b) in relation to the State campaign account of the associated entity, sets out the following— (i) the total amount received by, or on behalf of, the associated entity; (ii) if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum— (A) the full name and address of the person or entity from whom the amount was received; (B) the sum of the amount received; -- 106 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 104 Authorised by the Chief Parliamentary Counsel (C) whether the amount is a political donation or a receipt for another purpose; (iii) the total amount paid by, or on behalf of, the associated entity during the financial year; (iv) the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the associated entity; (v) if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum— (A) the full name and address of the person or entity to whom the amount of the debt is owed; (B) the sum of the amount that is owed; (C) whether the amount of the debt is to a financial institution or non-financial institution; (vi) any other details prescribed by the regulations. (2) For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not -- 107 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 105 Authorised by the Chief Parliamentary Counsel paid into a State campaign account of a person or entity is to be disregarded. 217K Annual return by third party campaigners (1) The registered agent of a third party campaigner must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that— (a) is in the form determined by the Commission; and (b) in relation to the State campaign account of the third party campaigner, sets out the following— (i) the total amount received by, or on behalf of, the third party campaigner; (ii) if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum— (A) the full name and address of the person or entity from whom the amount was received; (B) the sum of the amount received; (C) whether the amount is a political donation or a receipt for another purpose; -- 108 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 106 Authorised by the Chief Parliamentary Counsel (iii) the total amount paid by, or on behalf of, the third party campaigner during the financial year; (iv) the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the third party campaigner; (v) if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum— (A) the full name and address of the person or entity to whom the amount of the debt is owed; (B) the sum of the amount that is owed; (C) whether the amount of the debt is to a financial institution or non-financial institution; (vi) any other details prescribed by the regulations. (2) For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded. -- 109 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 107 Authorised by the Chief Parliamentary Counsel 217L Annual return by nominated entities (1) The registered agent of a nominated entity must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that— (a) is in the form determined by the Commission; and (b) in relation to the State campaign account of the nominated entity, sets out the following— (i) the total amount received by, or on behalf of, the nominated entity; (ii) if the sum of all amounts received from a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum— (A) the full name and address of the person or entity from whom the amount was received; (B) the sum of the amount received; (C) whether the amount is a political donation or a receipt for another purpose; (iii) the total amount paid by, or on behalf of, the nominated entity during the financial year; (iv) the total outstanding amount as at the end of the financial year, of all debts incurred by, or on behalf of, the nominated entity; -- 110 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 108 Authorised by the Chief Parliamentary Counsel (v) if the sum of all outstanding debts to a person or entity during a financial year is more than the disclosure threshold under section 216(1), the following particulars of that sum— (A) the full name and address of the person or entity to whom the amount of the debt is owed; (B) the sum of the amount that is owed; (C) whether the amount of the debt is to a financial institution or non-financial institution; (vi) any other details prescribed by the regulations. (2) For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii) or the sum of all outstanding debts to a person or entity during a financial year under subsection (1)(b)(v), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded. 217M Annual return by registered agent of a candidate, group or elected member (1) The registered agent of a candidate, group or elected member must, within 16 weeks after the end of each financial year beginning on or after 1 July 2018, provide an annual return to the Commission that— -- 111 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 109 Authorised by the Chief Parliamentary Counsel (a) is in the form determined by the Commission; and (b) sets out the following particulars of political donations received by the candidate, group or elected member during the financial year from a person or entity that when aggregated, are equal to or greater than the disclosure threshold under section 216(1)— (i) the full name and address of the person or entity from whom the political donations were received; (ii) the sum of the political donations received from that person or entity. (2) The registered agent of a candidate, group or elected member is not required to provide an annual return under subsection (1) in respect of a financial year if the return would not include any particulars referred to in subsection (1)(b). (3) For the purposes of calculating the sum of all amounts received from a person or entity during a financial year under subsection (1)(b)(ii), any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity is to be disregarded. 217N Annual returns not to include lists of membership An annual return under this Division must not include lists of membership of registered political parties, associated entities or third party campaigners. -- 112 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 110 Authorised by the Chief Parliamentary Counsel 217NA Annual returns in respect of financial year commencing on 1 July 2018 The period in respect of which an annual return is to be provided in respect of the financial year commencing on 1 July 2018 is the period commencing 25 November 2018 and ending on 30 June 2019 and this Division is to be construed accordingly. 217O Information to be provided by associated entities and nominated entities (1) The registered agent of an associated entity or a nominated entity must provide a copy of the following to the Commission as soon as practicable after they have been prepared— (a) a loan, grant or donation statement under section 237 of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; (b) a general purpose financial statement under section 253 of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; (c) financial statements under section 102 of the Associations Incorporation Reform Act 2012; (d) a financial report under section 319 or 320 of the Corporations Act; (e) any financial report prescribed by the regulations. (2) A person who fails to comply with subsection (1) is guilty of an offence. Penalty: 200 penalty units. -- 113 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 111 Authorised by the Chief Parliamentary Counsel 217P Commission to publish annual returns Subject to section 221A, the Commission must publish an annual return provided under this Division on its Internet site within 6 months of the end of the relevant financial year. Division 3D—Indexation 217Q Indexation of certain amounts—consumer price index (1) An amount in dollars specified in column 2 of an item in the Table to this subsection must be varied, in respect of the financial year beginning on 1 July 2019 and each subsequent financial year, in accordance with the formula— C B A × where— A is the amount specified in column 2 of that item or, if that amount has been varied in accordance with this section, that amount as last so varied; B is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made; -- 114 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 112 Authorised by the Chief Parliamentary Counsel C is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. TABLE Column 1 Item Column 2 Amount 1 Section 206(1), definition of general cap—$4000 2 Section 206(1), definition of small contribution—$50 3 Section 206(1), definition of third-party campaigner—$4000 4 Section 207GA(1)(a)—$200 000 5 Section 207GA(1)(b)(i)—$200 000 6 Section 207GA(1)(b)(ii)—$70 000 7 Section 207GA(1)(b)(iii)—$35 000 9 Section 211(2A)(a)—$6.00 10 Section 211(2A)(b)—$3.00 10A Section 215A(2)(a)—$1.00 10B Section 215A(2)(b)—$25 000 11 Section 216(1)—$1000 12 Section 217B—$1000 (2) Where it is necessary for the purposes of this section to calculate an amount, the amount is deemed to have been calculated in accordance with this section if the calculation is made— -- 115 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 113 Authorised by the Chief Parliamentary Counsel (a) if the amount is less than $10, to the nearest whole cent; or (b) if the amount is less than $1000, to the nearest whole $1; or (c) if the amount is $1000 or more, to the nearest whole $10.". 59 Amendment of section 218—Offences (1) For the penalty at the foot of section 218(1) of the Electoral Act 2002 substitute— "Penalty: 300 penalty units or 2 years imprisonment or both.". (2) For the penalty at the foot of section 218(2) of the Electoral Act 2002 substitute— "Penalty: 300 penalty units or 2 years imprisonment or both.". (3) For the penalty at the foot of section 218(5) of the Electoral Act 2002 substitute— "Penalty: 300 penalty units or 2 years imprisonment or both.". (4) In section 218(5A) of the Electoral Act 2002, after "3A" insert "or 3B". 60 New sections 218A and 218B inserted After section 218 of the Electoral Act 2002 insert— "218A Offences in relation to disclosure returns and annual returns (1) A person who fails to provide a disclosure return or an annual return as required under this Part is guilty of an offence. Penalty: 200 penalty units. -- 116 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 114 Authorised by the Chief Parliamentary Counsel (2) A person who provides a disclosure return or an annual return as required under this Part that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence. Penalty: 300 penalty units or 2 years imprisonment or both. (3) A person who gives to another person who is required to provide a disclosure return or an annual return as required by this Part any information that relates to the disclosure return or annual return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular is guilty of an offence. Penalty: 300 penalty units or 2 years imprisonment or both. (4) Subject to subsection (5), a person who makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are, or could be, required to be specified in a disclosure return or an annual return must retain that record for a period of at least 4 years after the disclosure return or annual return is provided to the Commission. Penalty: 200 penalty units. (5) Subsection (4) does not apply to a record that, in the normal course of business administration, would be transferred to another person. -- 117 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 115 Authorised by the Chief Parliamentary Counsel (6) Despite anything to the contrary in this Act or any other Act, a prosecution in respect of an alleged offence against a provision of this section may be started at any time within 3 years after the alleged offence was committed. 218B Offence to enter into or carry out scheme (1) A person must not enter into, or carry out, a scheme, whether alone or with any other person, with the intention of circumventing a prohibition or requirement under this Part. Penalty: 10 years imprisonment. (2) Without limiting subsection (1), a person commits an offence under that subsection if the person enters into, or carries out, a scheme under which— (a) an entity that is not a nominated entity of a registered political party receives one or more gifts at a particular time; and (b) after receiving the gift or gifts, the entity becomes the nominated entity of a registered political party; and (c) the receiving of the gift or gifts by the entity would have constituted an offence against this Part if the entity had been the nominated entity of the registered political party at the time the gift or gifts were received; and (d) the person entered into the scheme with the intention of circumventing a prohibition or requirement under this Part.". -- 118 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 116 Authorised by the Chief Parliamentary Counsel 61 Amendment of section 220—Records to be kept In section 220(1) of the Electoral Act 2002, for "3" substitute "4". 62 Amendment of section 221 to apply to donation returns and annual returns (1) In the heading to section 221 of the Electoral Act 2002, after "statements" insert ", donation returns or annual returns". (2) In section 221 of the Electoral Act 2002, after "statement" (wherever occurring) insert ", donation return or annual return". (3) After section 221(6) of the Electoral Act 2002 insert— "(6A) If the Commission is satisfied that a political donation has been returned to a donor after a return has been provided to the Commission in relation to the political donation, the Commission may permit the person who lodged the return to amend the return.". 63 New section 221A inserted—Confidential information After section 221 of the Electoral Act 2002 insert— "221A Confidential information (1) For the purposes of this Part— (a) the street address (which does not include the suburb and State) of a donor is confidential information; and (b) the address (including the street, suburb and State) of a silent elector is confidential information. -- 119 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 117 Authorised by the Chief Parliamentary Counsel (2) The regulations may prescribe other information of a type or kind provided to the Commission under this Part to be confidential information. (3) The Commission must not, directly or indirectly, disclose any information which is prescribed to be confidential information unless the Commission is required to provide the confidential information by law or is otherwise permitted to provide the confidential information in accordance with this Act.". 64 Repeal of section 222—Provision of annual returns Section 222 of the Electoral Act 2002 is repealed. 65 New section 222DA inserted—Electronic lodgement of disclosure returns and annual returns After section 222D of the Electoral Act 2002 insert— "222DA Electronic lodgement of disclosure returns and annual returns (1) The Commission may determine procedures in relation to the lodging of disclosure returns and annual returns. (2) Procedures under subsection (1) must be published by the Commission on its Internet site. (3) A disclosure return or an annual return lodged in accordance with procedures determined under subsection (1) is to be taken to have been provided to the Commission in accordance with this Act.". -- 120 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 118 Authorised by the Chief Parliamentary Counsel 66 New sections 222DB and 222DC inserted After section 222DA of the Electoral Act 2002 insert— "222DB Review to be conducted (1) The Minister must cause an independent review of the operation of the amendments of this Act made by the Electoral Legislation Amendment Act 2018 (the 2018 amendments) to be conducted by an expert panel appointed under section 222DC. (2) The review must be completed within 12 months after 25 November 2022. (3) The review must examine and make recommendations in relation to the following— (a) whether this Act should be further amended to provide for a cap on political expenditure and if so— (i) whether the cap should apply generally or to specific persons or entities; (ii) the value of the cap; (iii) the consequences of a failure to comply with the cap; (b) the impact of the 2018 amendments upon third party campaigners, small community groups and not-for-profit entities; (c) the operation of the disclosure scheme given effect to by the 2018 amendments including, but not limited to, the operation of disclosure returns; -- 121 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 119 Authorised by the Chief Parliamentary Counsel (d) the effectiveness of the 2018 amendments so far as they relate to electronic assisted voting. (4) The review may examine and make recommendations in relation to contemporary trends and issues in respect of the electoral funding including, but not limited to, the funding of political parties or candidates (however described). (5) The Minister must cause a copy of a report of the review to be laid before each House of Parliament on or before 10 sitting days after the day on which the review is completed. (6) If the review recommends that this Act be amended, the Minister must use the Minister's best endeavours to ensure that the Act is amended in accordance with the recommendations before the general election to be held in November 2026. 222DC Review to be conducted by expert panel (1) The review of the 2018 amendments must be conducted by an expert panel comprised of 3 members appointed by the Minister. (2) Before appointing the expert panel, the Minister must propose 3 members to the Electoral Matters Committee established under section 5 of the Parliamentary Committees Act 2003, each of whom must have experience in one or more of the following areas— (a) community advocacy and engagement; (b) legal and regulatory compliance; (c) contemporary issues relating to electoral funding. -- 122 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 120 Authorised by the Chief Parliamentary Counsel (3) A proposed member must not be any of the following— (a) a current employee of a public service body, a public entity or a special body (within the meaning of the Public Administration Act 2004); (b) a current employee or executive of a registered political party; (c) the current Electoral Commissioner or an employee or other member of staff of the Commission; (d) a current or former Member of the Parliament of Victoria. (4) The Electoral Matters Committee may, within 30 days of receiving advice of 3 proposed members of the expert panel from the Minister, veto one or more of the proposed members. (5) If the Electoral Matters Committee vetoes one or more of the proposed members, the Electoral Matters Committee must propose 2 alternative member for each vetoed proposed member, each of whom— (a) must have experience in an area specified in paragraph (2)(a), (b) or (c); and (b) must not be a person specified in subsection (3). (6) If the Electoral Matters Committee proposes 2 alternative members for a vetoed proposed member, the Minister must appoint one of the alternative members instead of appointing the proposed vetoed member, unless the alternative member does not satisfy the requirements of subsection (5)(a) -- 123 of 129 -- Part 5—Amendments relating to political donations disclosure and reporting scheme Electoral Legislation Amendment Act 2018 No. 30 of 2018 121 Authorised by the Chief Parliamentary Counsel and (b), in which case the Minister must ask the Electoral Matters Committee to propose another member. (7) In conducting the review, the expert panel may inform itself as it sees fit, having regard to appropriate privacy considerations relating to electronic assisted voting.". -- 124 of 129 -- Part 6—Amendment of Public Administration Act 2004 Electoral Legislation Amendment Act 2018 No. 30 of 2018 122 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of Public Administration Act 2004 67 Amendment of section 99—Employment of Parliamentary advisers (1) For section 99(1) and (2) of the Public Administration Act 2004 substitute— "(1) Subject to the directions of the Premier in respect of conditions of employment and termination of employment, a person may be employed as a Parliamentary adviser for a term, not exceeding 4 years, specified in the person's contract of employment. (2) Without limiting the generality of subsection (1), the following are entitled to be provided with one Parliamentary adviser— (a) each independent elected member of the Parliament of Victoria; (b) the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has only one elected member. (2A) Without limiting the generality of subsection (1), the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has more than one elected member but less than 6 elected members, is entitled to be provided with— (a) 2 Parliamentary advisers; and (b) one Parliamentary adviser for each 2 elected members of the party. -- 125 of 129 -- Part 6—Amendment of Public Administration Act 2004 Electoral Legislation Amendment Act 2018 No. 30 of 2018 123 Authorised by the Chief Parliamentary Counsel (2B) Without limiting the generality of subsection (1), the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has more than 5 elected members but less than 12 elected members, is entitled to be provided with— (a) one Parliamentary adviser; and (b) one Parliamentary adviser for each 2 elected members of the party. (2C) Without limiting the generality of subsection (1), the Leader of any party represented in the Parliament of Victoria which is not a party forming Government and which has more than 11 elected members, is entitled to be provided with one Parliamentary adviser for each 2 elected members of the party. (2D) For the purposes of determining the entitlement under subsections (2), (2A), (2B) and (2C)— (a) the number of elected members of a party represented in the Parliament of Victoria; and (b) the number of independent elected members of the Parliament of Victoria— is to be determined as at the date that the result of the general election at which the members are elected is declared by the Commission under section 121 of the Electoral Act 2002. -- 126 of 129 -- Part 6—Amendment of Public Administration Act 2004 Electoral Legislation Amendment Act 2018 No. 30 of 2018 124 Authorised by the Chief Parliamentary Counsel (2E) The entitlement determined under subsection (2D) is to be recalculated as at the date that the result of an election, other than a general election, is declared by the Commission under section 121 of the Electoral Act 2002 only in relation to— (a) the elected member who held the seat that became vacant and resulted in the holding of the election; and (b) the candidate that is declared elected at the election and is an elected member of a party represented in the Parliament of Victoria or an independent elected member of the Parliament of Victoria.". (2) After section 99(3) of the Public Administration Act 2004 insert— "(4) In this section— candidate has the same meaning as it has in section 3 of the Electoral Act 2002; elected member has the same meaning as it has in section 206(1) of the Electoral Act 2002; general election has the same meaning as it has in section 3 of the Electoral Act 2002; independent elected member has the same meaning as it has in section 207G of the Electoral Act 2002; party has the same meaning as registered political party has in section 3 of the Electoral Act 2002.". -- 127 of 129 -- Part 7—Repeal of amending Act Electoral Legislation Amendment Act 2018 No. 30 of 2018 125 Authorised by the Chief Parliamentary Counsel Part 7—Repeal of amending Act 68 Repeal of amending Act This Act is repealed on 1 July 2019. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 128 of 129 -- Endnotes Electoral Legislation Amendment Act 2018 No. 30 of 2018 126 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 10 May 2018 Legislative Council: 24 May 2018 The long title for the Bill for this Act was "A Bill for an Act to amend the Electoral Act 2002 and the Public Administration Act 2004 and for other purposes." -- 129 of 129 --