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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Electoral Legislation Amendment
(Authorisations) Bill 2022
No. , 2022
(Finance)
A Bill for an Act to amend the law relating to
elections, referendums and broadcasting in respect
of authorising matter, and for related purposes
No. , 2022
Electoral Legislation Amendment (Authorisations) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Authorisation particulars
3
Part 1--Electoral and referendum amendments
3
Commonwealth Electoral Act 1918
3
Referendum (Machinery Provisions) Act 1984
4
Part 2--Broadcasting amendments
6
Australian Broadcasting Corporation Act 1983
6
Broadcasting Services Act 1992
7
Special Broadcasting Service Act 1991
8
No. , 2022
Electoral Legislation Amendment (Authorisations) Bill 2022
1
A Bill for an Act to amend the law relating to
1
elections, referendums and broadcasting in respect
2
of authorising matter, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Electoral Legislation Amendment (Authorisations)
6
Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Electoral Legislation Amendment (Authorisations) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Authorisation particulars
Schedule 1
Electoral and referendum amendments
Part 1
No. , 2022
Electoral Legislation Amendment (Authorisations) Bill 2022
3
Schedule 1--Authorisation particulars
1
Part 1--Electoral and referendum amendments
2
Commonwealth Electoral Act 1918
3
1 Subsection 321D(5) (table items 1 and 2, column headed
4
"the following particulars are required ... ",
5
paragraph (a))
6
Repeal the paragraphs, substitute:
7
(a) the particulars of the name of the entity required by subsection (5A);
8
2 After subsection 321D(5)
9
Insert:
10
(5A) For the purposes of items 1 and 2 of the table in subsection (5), the
11
required particulars of the name of the entity are:
12
(a) if the entity is a registered political party--the name of the
13
party (the
registered name
) that is entered in the Register of
14
Political Parties or that name omitting any of the following:
15
(i) if the registered name includes both a word or phrase
16
and its abbreviation--the abbreviation;
17
(ii) if the registered name includes "Incorporated" or an
18
abbreviation of that word--that word or its
19
abbreviation;
20
(iii) if the registered name includes "of Australia"--those
21
words;
22
(iv) if the registered name ends with "Australia"--that
23
word;
24
(v) if the entity is a registered branch or division of a
25
registered political party--the words indicating the
26
name of the branch or division; or
27
(b) if the entity is a disclosure entity (but not a registered
28
political party)--the name of the entity entered on the
29
Transparency Register; or
30
(c) if the entity is not an entity covered by paragraph (a) or (b)
31
and a return has been given under Part XX in relation to the
32
Schedule 1
Authorisation particulars
Part 1
Electoral and referendum amendments
4
Electoral Legislation Amendment (Authorisations) Bill 2022
No. , 2022
entity--the name included in the most recent return given in
1
relation to the entity; or
2
(d) in any other case--the name of the entity.
3
Note:
For example, under paragraph (a) the registered name "Quokka Party
4
of Australia Inc.--NSW" may be notified as "Quokka Party".
5
Referendum (Machinery Provisions) Act 1984
6
3 Subsection 110C(5) (table items 1 and 2, column headed
7
"the following particulars are required ... ",
8
paragraph (a))
9
Repeal the paragraphs, substitute:
10
(a) the particulars of the name of the entity required by subsection (5A);
11
4 After subsection 110C(5)
12
Insert:
13
(5A) For the purposes of items 1 and 2 of the table in subsection (5), the
14
required particulars of the name of the entity are:
15
(a) if the entity is a registered political party (within the meaning
16
of the
Commonwealth Electoral Act 1918
)--the name of the
17
party (the
registered name
) that is entered in the Register of
18
Political Parties under the
Commonwealth Electoral Act 1918
19
or that name omitting any of the following:
20
(i) if the registered name includes both a word or phrase
21
and its abbreviation--the abbreviation;
22
(ii) if the registered name includes "Incorporated" or an
23
abbreviation of that word--that word or its
24
abbreviation;
25
(iii) if the registered name includes "of Australia"--those
26
words;
27
(iv) if the registered name ends with "Australia"--that
28
word;
29
(v) if the entity is a registered branch or division of a
30
registered political party--the words indicating the
31
name of the branch or division; or
32
(b) if the entity is a disclosure entity (but not a registered
33
political party within the meaning of the
Commonwealth
34
Authorisation particulars
Schedule 1
Electoral and referendum amendments
Part 1
No. , 2022
Electoral Legislation Amendment (Authorisations) Bill 2022
5
Electoral Act 1918
)--the name of the entity entered on the
1
Transparency Register under the
Commonwealth Electoral
2
Act 1918
; or
3
(c) if the entity is not an entity covered by paragraph (a) or (b)
4
and a return has been given under Part XX of the
5
Commonwealth Electoral Act 1918
in relation to the entity--
6
the name included in the most recent return given in relation
7
to the entity; or
8
(d) in any other case--the name of the entity.
9
Note:
For example, under paragraph (a) the registered name "Quokka Party
10
of Australia Inc.--NSW" may be notified as "Quokka Party".
11
5 Application of amendments
12
(1)
Section 321D of the
Commonwealth Electoral Act 1918
, as amended by
13
this Schedule, applies in relation to electoral matter that is
14
communicated on or after the commencement of this Schedule
15
(regardless of when the content of the matter was approved).
16
(2)
Section 110C of the
Referendum (Machinery Provisions) Act 1984
, as
17
amended by this Schedule, applies in relation to referendum matter that
18
is communicated on or after the commencement of this Schedule
19
(regardless of when the content of the matter was approved).
20
Schedule 1
Authorisation particulars
Part 2
Broadcasting amendments
6
Electoral Legislation Amendment (Authorisations) Bill 2022
No. , 2022
Part 2--Broadcasting amendments
1
Australian Broadcasting Corporation Act 1983
2
6 Subsection 79A(5)
3
Insert:
4
registered political party
means a political party that is registered
5
under Part XI of the
Commonwealth Electoral Act 1918
.
6
7 Subsection 79A(6) (table item 1, column headed
"the
7
required particulars
are the following ... ",
8
paragraph (a))
9
Repeal the paragraph, substitute:
10
(a) the particulars of the name of the entity required by subsection (6A);
11
8 After subsection 79A(6)
12
Insert:
13
(6A) For the purposes of item 1 of the table in subsection (6), the
14
required particulars of the name of the entity are:
15
(a) if the entity is a registered political party--the name of the
16
party (the
registered name
) that is entered in the Register of
17
Political Parties under the
Commonwealth Electoral Act 1918
18
or that name omitting any of the following:
19
(i) if the registered name includes both a word or phrase
20
and its abbreviation--the abbreviation;
21
(ii) if the registered name includes "Incorporated" or an
22
abbreviation of that word--that word or its
23
abbreviation;
24
(iii) if the registered name includes "of Australia"--those
25
words;
26
(iv) if the registered name ends with "Australia"--that
27
word;
28
(v) if the entity is a registered branch or division of a
29
registered political party--the words indicating the
30
name of the branch or division; or
31
Authorisation particulars
Schedule 1
Broadcasting amendments
Part 2
No. , 2022
Electoral Legislation Amendment (Authorisations) Bill 2022
7
(b) if the entity is a disclosure entity (but not a registered
1
political party)--the name of the entity entered on the
2
Transparency Register under the
Commonwealth Electoral
3
Act 1918
; or
4
(c) if the entity is not an entity covered by paragraph (a) or (b)
5
and a return has been given under Part XX of the
6
Commonwealth Electoral Act 1918
in relation to the entity--
7
the name included in the most recent return given in relation
8
to the entity; or
9
(d) in any other case--the name of the entity.
10
Note:
For example, under paragraph (a) the registered name "Quokka Party
11
of Australia Inc.--NSW" may be notified as "Quokka Party".
12
Broadcasting Services Act 1992
13
9 Subclause 1(1) of Schedule 2
14
Insert:
15
registered political party
means a political party that is registered
16
under Part XI of the
Commonwealth Electoral Act 1918
.
17
10 Subclause 1(2) of Schedule 2 (table item 1, column headed
18
"the required particulars are the following ... ",
19
paragraph (a))
20
Repeal the paragraph, substitute:
21
(a) the particulars of the name of the entity required by subclause (3);
22
11 At the end of clause 1 of Schedule 2
23
Add:
24
(3) For the purposes of item 1 of the table in subclause (2), the
25
required particulars of the name of the entity are:
26
(a) if the entity is a registered political party--the name of the
27
party (the
registered name
) that is entered in the Register of
28
Political Parties under the
Commonwealth Electoral Act 1918
29
or that name omitting any of the following:
30
(i) if the registered name includes both a word or phrase
31
and its abbreviation--the abbreviation;
32
Schedule 1
Authorisation particulars
Part 2
Broadcasting amendments
8
Electoral Legislation Amendment (Authorisations) Bill 2022
No. , 2022
(ii) if the registered name includes "Incorporated" or an
1
abbreviation of that word--that word or its
2
abbreviation;
3
(iii) if the registered name includes "of Australia"--those
4
words;
5
(iv) if the registered name ends with "Australia"--that
6
word;
7
(v) if the entity is a registered branch or division of a
8
registered political party--the words indicating the
9
name of the branch or division; or
10
(b) if the entity is a disclosure entity (but not a registered
11
political party)--the name of the entity entered on the
12
Transparency Register under the
Commonwealth Electoral
13
Act 1918
; or
14
(c) if the entity is not an entity covered by paragraph (a) or (b)
15
and a return has been given under Part XX of the
16
Commonwealth Electoral Act 1918
in relation to the entity--
17
the name included in the most recent return given in relation
18
to the entity; or
19
(d) in any other case--the name of the entity.
20
Note:
For example, under paragraph (a) the registered name "Quokka Party
21
of Australia Inc.--NSW" may be notified as "Quokka Party".
22
Special Broadcasting Service Act 1991
23
12 Subsection 70A(5)
24
Insert:
25
registered political party
means a political party that is registered
26
under Part XI of the
Commonwealth Electoral Act 1918
.
27
13 Subsection 70A(6) (table item 1, column headed
"the
28
required particulars
are the following ... ",
29
paragraph (a))
30
Repeal the paragraph, substitute:
31
(a) the particulars of the name of the entity required by subsection (6A);
32
Authorisation particulars
Schedule 1
Broadcasting amendments
Part 2
No. , 2022
Electoral Legislation Amendment (Authorisations) Bill 2022
9
14 After subsection 70A(6)
1
Insert:
2
(6A) For the purposes of item 1 of the table in subsection (6), the
3
required particulars of the name of the entity are:
4
(a) if the entity is a registered political party--the name of the
5
party (the
registered name
) that is entered in the Register of
6
Political Parties under the
Commonwealth Electoral Act 1918
7
or that name omitting any of the following:
8
(i) if the registered name includes both a word or phrase
9
and its abbreviation--the abbreviation;
10
(ii) if the registered name includes "Incorporated" or an
11
abbreviation of that word--that word or its
12
abbreviation;
13
(iii) if the registered name includes "of Australia"--those
14
words;
15
(iv) if the registered name ends with "Australia"--that
16
word;
17
(v) if the entity is a registered branch or division of a
18
registered political party--the words indicating the
19
name of the branch or division; or
20
(b) if the entity is a disclosure entity (but not a registered
21
political party)--the name of the entity entered on the
22
Transparency Register under the
Commonwealth Electoral
23
Act 1918
; or
24
(c) if the entity is not an entity covered by paragraph (a) or (b)
25
and a return has been given under Part XX of the
26
Commonwealth Electoral Act 1918
in relation to the entity--
27
the name included in the most recent return given in relation
28
to the entity; or
29
(d) in any other case--the name of the entity.
30
Note:
For example, under paragraph (a) the registered name "Quokka Party
31
of Australia Inc.--NSW" may be notified as "Quokka Party".
32
15 Application of amendments
33
Section 79A of the
Australian Broadcasting Corporation Act 1983
,
34
clause 1 of Schedule 2 to the
Broadcasting Services Act 1992
and
35
section 70A of the
Special Broadcasting Service Act 1991
, as amended
36
Schedule 1
Authorisation particulars
Part 2
Broadcasting amendments
10
Electoral Legislation Amendment (Authorisations) Bill 2022
No. , 2022
by this Schedule, apply in relation to political matter broadcast on or
1
after the commencement of this Schedule (regardless of when the
2
content of the matter was approved).
3