Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2019-2020-2021-2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
ELECTORAL LEGISLATION AMENDMENT (FOREIGN INFLUENCES AND
OFFENCES) BILL 2022
EXPLANATORY MEMORANDUM
(Circulated by authority of Special Minister of State,
the Hon Ben Morton MP)
Glossary
The following abbreviations and acronyms are used throughout this Explanatory
Memorandum:
Abbreviation Definition
AEC Australian Electoral Commission
Electoral Legislation Amendment (Foreign
Bill
Influences and Offences) Bill 2022
Electoral Act Commonwealth Electoral Act 1918
Item Refers to an item in the Bill
ICCPR International Covenant on Civil and
Political Rights
1
ELECTORAL LEGISLATION AMENDMENT (FOREIGN INFLUENCES AND
OFFENCES) BILL 2022
GENERAL OUTLINE
The Electoral Legislation Amendment (Foreign Influences and Offences) Bill 2022 (the
Bill) will make amendments to the Commonwealth Electoral Act 1918 (the Electoral Act)
to strengthen the integrity of the electoral communication confidence in Australia's
electoral processes. The Bill does this by extending the ban on foreign donations to also
prohibit foreign persons and entities from fundraising or directly incurring electoral
expenditure, and from authorising electoral material. The Bill also increases the existing
penalty for misleading voters in relation to the casting of their vote.
Schedule 1 - Foreign electoral communication and expenditure
Schedule 1 amends Part XXA of the Electoral Act to prohibit foreign campaigners from
authorising electoral communications, and amends Part XX to prohibit foreign campaigners
from either fundraising or directly incurring electoral expenditure in a financial year equal
to or more than $1,000.
This builds on past reforms that established prohibitions on foreign donations, including the:
• Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018:
which introduced a number of restrictions on foreign donations intended to keep foreign
money out of Australian elections, and
• Electoral Legislation Amendment (Annual Disclosure Equality) Act 2021: which
extended the application of the foreign donations prohibition framework to sitting
members of the House of Representatives and Senators.
Schedule 2 - Offences
This Bill increases the penalty for the offence of misleading or deceiving an elector in
relation to the casting of a vote (section 329 of the Electoral Act) to three years
imprisonment, to reflect the seriousness of this offence and deter those seeking to interfere
with the free exercise of an elector's vote.
The Bill also makes technical amendments to ensure consistent application of prohibitions
on fundraising amounts for the purpose of incurring electoral expenditure in Part XX.
FINANCIAL IMPACT STATEMENT
The measures in the Bill are expected to be cost neutral. There are no significant costs or
savings associated with the Bill.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
A Statement of Compatibility with Human Rights has been completed in relation to the
amendments in this Bill. The amendments have been assessed as compatible with
Australia's human rights obligations.
2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
Electoral Legislation Amendment (Foreign Influences and Offences) Bill 2022
The Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Human rights implications
The impact of the Bill on the following rights in the ICCPR has been considered:
• the right to privacy under Article 17; and
• the right to freedom of expression under Article 19.
Article 17 - Right to privacy
1. The Bill engages the right to privacy under Article 17 of the ICCPR because the Bill
expands the Electoral Commissioner's information-gathering powers to investigate
possible contraventions of the new prohibition on foreign campaigners authorising
certain electoral matter.
2. This amendment enables the Electoral Commissioner to use existing information-
gathering powers in relation to persons the Electoral Commissioner has reason to believe
have information or documents relevant to assessing a foreign campaigner's compliance
with the prohibition on their authorisation of certain electoral matter. This information
or documents have the potential to contain personal information.
3. Article 17 of the ICCPR provides for the right of every person to be protected against
arbitrary or unlawful interference with their privacy. The right to privacy is subject to
permissible limitations where these limitations are authorised by law, not arbitrary, for
a reason consistent with the ICCPR, and reasonable in the particular circumstances.
4. The United Nations Human Rights Committee has interpreted the requirement of
reasonableness to imply that any interference with privacy must be proportionate to the
end sought and necessary in the circumstances of any given case.
5. The expansion of the Electoral Commissioner's information gathering powers are
authorised by law and are intended to support the integrity of Australia's electoral
system by reducing both the real and perceived threat of foreign influence in Australian
democracy.
6. The objective of these measures is to facilitate the gathering of information that will
enable the Electoral Commissioner to regulate the potential influence of foreign
campaigners over Australian elections. This will support the legitimate objective of the
Bill in safeguarding the integrity of the electoral system, by ensuring that only those
with a legitimate connection to Australia are able to influence Australian elections.
7. The Bill is sufficiently circumscribed so as not to constitute an arbitrary interference
with the right to privacy, particularly noting that the:
3
• application of the provision is limited to persons the Electoral Commissioner has
reason to believe has information or a document that is relevant to compliance with
s 321DA or enforcement of s 321DA; and
• amendment will support the implementation of investigative powers that already
exist under the Act, but does not unduly expand those powers.
8. The amendments in this Bill are therefore appropriate and proportionate to the end
sought and necessary to maintain the Australian public's confidence in the result of their
elections.
9. The limitation is therefore consistent with Article 17 of the ICCPR.
Article 19 - Freedom of Expression
10. The Bill engages the right to freedom of expression under Article 19 of the ICCPR
because it prohibits a particular group (foreign campaigners) from authorising electoral
matter and from fundraising or directly incurring electoral expenditure. This restriction
protects the integrity of the electoral system by ensuring that only those with a legitimate
connection to Australia are able to influence Australian elections.
11. The threat of foreign influence in democratic elections can risk undermining electoral
integrity, and has the potential to erode democracy by compromising trust in electoral
results. The prohibition of foreign campaigners from authorising electoral matter and
fundraising or directly incurring electoral expenditure is a mechanism to counteract the
effects of foreign influence in Australia's democracy and maintain Australians' trust in
their democracy.
12. This restriction on the freedom of expression is limited to certain foreign entities and
foreign individuals who seek to influence an electoral result through the authorisation
of electoral matter and/or the fundraising or direct incurring of electoral expenditure.
13. To the extent this Bill limits the right in Article 19, any such limitation is necessary to
ensuring that only those with a legitimate connection to Australia are able to influence
Australian elections, and proportionate to the legitimate objective of this Bill in
protecting public order.
14. The provisions that engage Article 19 are sufficiently circumscribed, so as not to
arbitrarily interfere with the right to freedom of expression. In this regard, we note that:
• the restrictions will be prescribed in legislation;
• the 'electoral matter' foreign campaigners are prohibited from distributing is defined
narrowly to include material communicated for the dominant purpose of influencing
the way electors vote in an election and is limited to certain forms of communication;
• the definition of 'electoral matter' under existing section 4AA permits
communications whose dominant purposes is to educate, raise awareness, or
encourage debate on public policy issues; and
• the restrictions on 'electoral expenditure' are limited to expenditure incurred for the
dominant purpose of creating or communicating electoral matter.
15. The proposed limitation on the right to freedom of expression under Article 19 of the
ICCPR is proportionate to the legitimate end sought, as public confidence that only those
with a legitimate connection to Australia are able to influence Australian elections is
integral to public confidence in the legitimacy of the election result.
4
16. The limitation is therefore consistent with Article 19 of the ICCPR.
Conclusion
The Bill is compatible with human rights because, to the extent it may limit human rights,
those limitations are reasonable, necessary, and proportionate.
5
ELECTORAL LEGISLATION AMENDMENT (FOREIGN
INFLUENCES AND OFFENCES) BILL 2022
NOTES ON CLAUSES
Clause 1 - Short title
1. Clause 1 is a formal provision specifying the title of the Bill when enacted will be the
Electoral Legislation Amendment (Foreign Influences and Offences) Act (the Act).
Clause 2 - Commencement
2. Subclause 2(1) provides that the provisions in column 1 of the Commencement table
commence at the time set out in column 2.
3. Item 1 in the Commencement table provides that the whole of the Act commences on
the day after the Act receives the Royal Assent.
4. A Note is inserted below the Commencement table stating that the table relates only
to the provisions of the Act as originally enacted and that the table will not be amended
to deal with any later amendments of the Act.
5. Subclause 2(2) provides that information in column 3 of the Commencement table is
not part of the Act. Information may be inserted into column 3, or information in
column 3 may be edited, in any published version of the Act.
Clause 3 - Schedules
6. Clause 3 provides that legislation specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any other
item in a Schedule to the Act has effect according to its terms.
6
Schedule 1--Foreign electoral communication and expenditure
Commonwealth Electoral Act 1918
Part 1--Communication authorised by foreign campaigners
1. Part XXA of the Electoral Act provides the regulatory framework for the promotion
of free and informed voting at elections. This Part sets out the obligations for persons
or entities communicating and authorising electoral matter to provide notifying
particulars of the person or entity who authorised the communication.
2. Item 1 inserts a new definition foreign campaigner in subsection 4(1) of the Electoral
Act to mean a person or entity referred to in section 287AA (Meaning of foreign
donor). This amendment outlines the types of entities and individuals who will be
subject to the prohibition on communications authorised by foreign campaigners, as
well as the prohibition on incurring or fundraising of electoral expenditure by foreign
campaigners.
3. Item 1 also inserts a note to provide clarification that a person or entity referred to in
a paragraph of section 287AA is also a foreign donor for the purposes of Part XX
(Election funding and financial disclosure).
4. Items 2 and 3 amend the definitions in section 321B for an ancillary contravention
and a primary contravention, by inserting "or 321DA" after "section 321D" in both
definitions. This amendment is a consequential amendment to capture the prohibition
of foreign campaigners authorising electoral matter in the new subsection 321DA as
described at Item 8.
5. Item 4 inserts a new paragraph at the end of subsection 321C(1), which provides an
overview of the objects of Part XXA to promote free and informed voting. The new
paragraph 321C(1)(d) provides that an additional part of these objects is the
enhancement of the integrity of the electoral system, by ensuring that only those with
a legitimate connection to Australia are able to influence Australian elections. This
amendment is a consequential amendment to Items 8 and 21 to reflect the new
prohibitions on foreign campaigners
6. Item 5 inserts a new paragraph 321C(2)(c) at the end of subsection 321C(2). The new
paragraph provides that Part XXA aims to achieve its objects by, amongst other things,
restricting the communication of electoral matter authorised by foreign campaigners.
This amendment is a consequential amendment to Items 8 and 21 to reflect the new
prohibitions on foreign campaigners.
7. Item 6 repeals paragraph 321C(3)(a) and substitutes it with a new paragraph. New
paragraph 321C(3)(a) clarifies that Part XXA is not intended to detract from the ability
of Australians to communicate electoral matters to voters.
8. Item 7 inserts a new paragraph 321D(3)(c) at the end of subsection 321D(3) to
exclude electoral matter covered by the prohibition in Item 8 from the authorisation
requirements in section 321D. This is a consequential amendment so that foreign
campaigners are not required to authorise electoral matter in contravention of new
subsection 321DA(1).
7
9. Item 8 inserts a new section 321DA (Prohibition on foreign campaigners authorising
certain electoral matter) after section 321D. New subsection 321DA(1) prohibits
foreign campaigners from authorising certain electoral matter, and provides a civil
penalty for breach of the prohibition. The scope of subsection 321DA(1) is similar to
that of existing subsection 321D(1).
10. Subject to the exceptions in subsection 321DA(2), a foreign campaigner contravenes
subsection 321DA(1) if electoral matter is communicated to a person and:
(a) all of the following apply:
i. the electoral matter is an electoral advertisement;
ii. all or part of the distribution or production of the advertisement was
paid for;
iii. the content of the advertisement was approved by the foreign
campaigner (whether or not the foreign campaigner paid for the
distribution or production of the advertisement); or
(b) both of the following apply:
i. the electoral matter forms part of a sticker, fridge magnet, leaflet,
flyer, pamphlet, notice, poster or how-to-vote card;
ii. the content of the matter was approved by the foreign campaigner; or
(c) the foreign campaigner is a disclosure entity and communicates the matter, or
the foreign campaigner communicates the matter on behalf of a disclosure
entity, and the matter is not an advertisement covered by paragraph (a), nor
does the matter from part of a sticker, fridge magnet, leaflet, flyer pamphlet,
notice, poster or how-to-vote card.
11. This amendment prohibits foreign campaigners from authorising the communication
of electoral matter to persons. It ensures the rules regarding the authorisation of
electoral matter operate consistently with the policy intention of the existing foreign
donations regime to restrict foreign individuals and entities from exerting political
influence in Australian elections.
12. Item 8 also adds subsection 321DA(2), which provides exceptions to the prohibition
in relation to electoral matter referred to in paragraphs 321DA(1)(b) and (c). Under
these exceptions, subsection 321DA(1) will not apply to such electoral matter if the
matter is part of the following:
(a) an opinion poll or research relating to voting intentions at an election or by-
election; or
(b) a communication communicated for personal purposes; or
(c) an internal communication of the foreign campaigner; or
(d) a communication at a meeting of 2 or more persons if the identity of the person
(the speaker) communicating at the meeting, and any foreign campaigner on
whose behalf the speaker is communicating can reasonably be identified by
the person or persons to whom the speaker is speaking; or
(e) a live communication of a meeting covered by paragraph (d), but not any later
communication of that meeting; or
(f) a communication communicated solely for the purpose of announcing a
meeting.
8
13. This amendment, which has a scope similar to that of existing paragraphs 321D(4)(c)
to (f), permits foreign entities to conduct internal communication, market research,
and opinion polls relating to voting intentions at an election. It also permits individuals
to participate in meetings and communications for personal purposes.
14. Item 8 also inserts a new subsection 321DA(3), which sets out the application of the
prohibition and civil penalty to foreign campaigners that are not legal persons.
15. New subsection 321DA(3) states that, for the purposes of the Electoral Act and the
Regulatory Powers Act, when subsection 321DA(1) is contravened but the foreign
campaigner is not a legal person, then the contravention is taken to have been
committed by each member, agent or officer (however described) of the foreign
campaigner who, acting in his or her actual authority or apparent authority, engaged
in the conduct or made the omission constituting the contravention.
16. This subsection mirrors the application provision of existing subsection 321D(6).
17. Item 8 also provides four Notes at the end of new subsection 321DA(3), to provide
further detail about the new section and direct the reader to other relevant provisions
in the Electoral Act.
18. Item 9, 10, 11, 12, 13 and 14 amend section 321E. These amendments are
consequential amendments to Item 8 so that section 321DA has the same extended
geographical application (provided by section 321E) as section 321D.
19. Item 9 amends the heading in section 321E, by omitting "section 321D" and
substituting "sections 321D and 321DA".
20. Item 10 amends subsection 321E(1), by omitting "contravene section 321D" and
substituting "contravene section 321D or 321DA".
21. Item 11 amends subparagraphs 321E(1)(d)(i) and (iii), by omitting "section 321D"
and substituting "that section".
22. Item 12 amends subsection 321E(2), by omitting "contravene section 321D" and
substituting "contravene section 321D or 321DA".
23. Item 13 amends paragraph 321E(2)(b), by omitting "section 321D" and substituting
"that section".
24. Item 14 amends paragraph 321E(2)(d), by omitting "section 321D" (wherever
occurring) and substituting "that section".
25. Item 15 repeals and substitutes subsection 321F(1). This is a consequential
amendment to Item 8, to extend the application of the information-gathering powers
in section 321F to circumstances where the Electoral Commissioner has reason to
believe that a person has information or a document that is relevant to investigating a
possible contravention of section 321DA.
26. Item 15 also clarifies that section 321F can apply to a person whether the person is
within or outside Australia.
27. Item 16 inserts new subsection 383(2C), which relates to injunction powers regarding
new section 321DA and is similar to the existing injunction power in subsection
9
383(2A) regarding section 321D. The new subsection provides and clarifies that the
Federal Court of Australia may, on application from a candidate or the Electoral
Commission (as the case requires), grant an injunction restraining a carriage service
provider from supplying a listed carriage service to a foreign campaigner if:
• an injunction could be granted under subsection 383(1) or (2) in relation to
the foreign campaigner's contravention or proposed contravention of section
321DA in relation to an electoral matter; and
• the carriage service provider supplies, or is to supply, a listed carriage service
to the foreign campaigner; and
• the listed carriage service is to be used solely for making bulk voice calls or
sending bulk text messages.
28. Like its equivalent in existing subsection 383(2A), the new subsection's use of
'solely' indicates that the listed carriage service being used by the notifying entity is
only being used to make the bulk voice calls or send the bulk text messages. This is
because to apply the power in relation to a listed carriage service being used for other
purposes could give rise to safety or other concerns (such as being unable to contact
essential services using the listed carriage service). Further, the injunction can only be
granted in relation to the specific carriage service that is being supplied to the
notifying entity.
29. Item 16 also inserts a Note to provide the reader with a prompt that section 321DA
prohibits the communication of certain electoral matter authorised by a foreign
campaigner.
30. Item 16 also inserts new subsection 383(2D), which also relates to injunction powers
regarding section 321DA and is similar to the existing injunction power in subsection
383(2B) regarding existing section 321D.
31. The new subsection inserts a power that the Federal Court of Australia may, on
application from a candidate or the Electoral Commission (as the case requires), grant
an injunction restraining a broadcaster from broadcasting electoral matter if an
injunction could be granted under subsection 383(1) or (2) in relation to a foreign
campaigner's contravention or proposed contravention of section 321DA in relation
to the electoral matter.
32. Item 17 amends subsection 383(3), by omitting "or (2B)" (wherever occurring) and
substituting ", (2B), (2C) or (2D)". This is a consequential amendment to Item 16, to
enable the Federal Court of Australia to grant interim injunctions in relation to
applications for injunctions under new subsections 383(2C) or 383(2D).
33. Item 18 inserts new subsection 383(6B), which has a similar effect in relation to new
section 321DA as the effect of existing subsection 383(6A) in relation to existing
section 321D.
34. The new subsection provides that, upon an application for an injunction under
383(2C) or (2D) restraining a carriage service provider or broadcaster, the Federal
Court of Australia may exercise its power to grant the injunction if:
• the Federal Court is satisfied that the foreign campaigner has contravened
section 321DA (whether or not it appears to the Federal Court that the foreign
10
campaigner intends to contravene or continue to contravene section 321DA);
or
• it appears to the Federal Court that, in the event that an injunction is not
granted, it is likely that the foreign campaigner will contravene section
321DA (whether or not the foreign campaigner has previously contravened
section 321DA).
35. Item 19 is the application of amendments relating to section 321DA. The application
of these amendments apply in relation to electoral matter that is communicated on or
after the commencement of Schedule 1 of the Act (which is the day after the Act
receives the Royal Assent), irrespective of when the content of the matter was
approved.
36. This is intended to clarify, amongst other things, that electoral matter is not exempt
from section 321DA simply because it was approved (but not yet communicated)
before commencement.
11
Part 2--Electoral expenditure by foreign campaigners
Commonwealth Electoral Act 1918
37. Item 20 amends table item 14 of subsection 120(2) to omit "or 302H" and substitute
", 302H or 314AK". This is a consequential amendment to Item 21, to include
decisions under new section 314AK (anti-avoidance) in the table of reviewable
decisions subject to internal review.
38. Item 21 inserts new Division 5B (Electoral expenditure by foreign campaigners),
which contains new sections 314AH, 314AI, 314AJ, and 3214AK.
39. New section 314AH is a simplified outline of new Division 5B. The outline states
that Division 5B limits electoral expenditure and fundraising for electoral
expenditure by foreign campaigners. The outline further states that electoral
expenditure incurred by or with the authority of a foreign campaigners must not total
$1,000 or more in a financial year, and any amounts fundraised for the purpose of
incurring electoral expenditure must not total $1,000 or more in a financial year.
40. New section 314AI sets out the objects of new Division 5B and ways in which it
aims to achieve these objects.
41. New subsection 314AJ(1) establishes a prohibition on a foreign campaigner (defined
in Item 1 above) incurring electoral expenditure. Specifically, the section prohibits:
• the incurring of $1,000 or more of electoral expenditure by or with the
authority of the foreign campaigner in a financial year; or
• the fundraising of $1,000 or more for the purpose of electoral expenditure
being incurred by or with the authority of the foreign campaigner in a
financial year.
42. New subsection 314AJ(1) also establishes a civil penalty for contravention of the
subsection, which is the higher of:
• 200 penalty units;
• if there is sufficient evidence for the court to determine estimate the amount
of electoral expenditure incurred or fundraised in contravention of
subsection 314AJ(1)--3 times that amount:
43. The $1,000 threshold in new subsection 314AJ(1) mirrors the $1,000 threshold set
out in section 302D of the Electoral Act regarding foreign donations. The threshold
ensures the provision is appropriately targeted at serious contraventions rather than
inadvertent, low-level electoral expenditure.
44. New subsection 314AJ(2) clarifies that the offence in new subsection 314AJ(1)
applies:
• whether or not the conduct constituting the contravention of subsection
314AJ(1) occurs in Australia; and
• whether or not a result of the conduct constituting the alleged contravention
of subsection 314AJ(1) occurs in Australia.
12
45. The prohibition in new section 314AJ is intended to strengthen the integrity of
Australia's electoral communication framework, by ensuring that only those with a
legitimate connection to Australia are able to influence an Australian election. In
particular, it will prevent foreign campaigners from circumventing the existing
foreign donor restrictions in Part XX via the funding or fundraising of their own
election campaigns directly.
46. New section 314AK is an anti-avoidance provision in relation to new section 314AJ.
It is similar to the existing anti-avoidance provisions of sections 287S and 302H in
relation to the Transparency Register and foreign donations respectively.
47. New section 314AK supports the operation of new section 314AJ, by giving the
Electoral Commissioner the power to issue a written notice to a person or entity that
the Commissioner has reasonable grounds to conclude is conducting a scheme for
the sole or dominant purpose of avoiding the prohibition in new section 314AJ.
48. New subsection 314AK(3) provides that, if a person or entity is given a notice under
subsection 314AK(1) and engages in conduct that contravenes the notice, the civil
penalty is the higher of the following:
• 200 penalty units;
• if there is sufficient evidence for the court to determine the amount or
estimate of the amount that was not prohibited as a result of the scheme or
part of the scheme--3 times that amount.
49. New subsection 314AK(4) clarifies that section 314AK applies to a scheme whether
or not the scheme is entered into (or carried out or begun to be carried out) in
Australia, outside Australia, or partly within and partly outside Australia.
50. New subsection 314AK(5) provides that 'scheme' in section 314AK has the same
meaning as that provided in the definition of the term in existing subsection 287(1).
51. Item 22 sets out the application of new Division 5B of Part XX. This item states that
Division 5B applies to the financial year in which Schedule 1 of the Act commences
and later financial years in relation to an amount of electoral expenditure incurred, or
an amount fundraised, on or after the commencement of Schedule 1 of the Act (the
day after the Act receives the Royal Assent).
13
Schedule 2--Offences
Commonwealth Electoral Act 1918
52. Subsection 287H(3) provides that an entity that is required to be registered under
subsection 287H(1) for a financial year must not incur any electoral expenditure in
that financial year, after becoming required to be so registered, until the entity is
registered.
53. Item 1 amends subsection 287H(3) to insert ", or fundraise any amounts for the
purpose of incurring electoral expenditure," after "any electoral expenditure".
54. Item 2 amends the penalty in subsection 287H(3), by inserting "or fundraise" after
"electoral expenditure incurred".
55. These amendments are consequential to the inclusion of fundraising within the scope
of new section 314AJ, and mirror the inclusion of fundraising in existing sections
287F and 287S.
56. Item 3 repeals and substitutes subsection 329(4) to increase the maximum penalty for
contravening subsection 329(1). The new maximum penalties are:
• if the person is a natural person--imprisonment for 3 years or 100 penalty
units, or both;
• if the person is a body corporate--500 penalty units.
57. Subsection 329(1) prohibits a person, during the relevant period provided in section
322, from printing, publishing or distributing, or causing, permitting or authorising to
be printed, published or distributed, any matter or thing that is likely to mislead or
deceive an elector in relation to the casting of a vote.
58. The amendment aligns the penalty in section 329 with:
• the penalty for interference with political liberty in section 327, the latter of
which was uplifted by the Electoral Legislation Amendment (Electoral
Offences and Preventing Multiple Voting) Act 2021; and
• the offence provisions in the Criminal Code Act 1995 concerning
interference with political rights and duties, and using a carriage service to
menace, harass or cause offence.
59. The ratio between the imprisonment term and penalty units in new section 329(4) is
aligned with other offences in the Electoral Act, for broader consistency.
60. The increased penalty reflects the seriousness of contravening section 329 and is
intended to serve as a deterrent to those seeking to interfere with the free exercise of
an elector's vote.
14
Referendum (Machinery Provisions) Act 1984
61. Item 4 repeals and substitutes subsection 122(4) of the Referendum Act to increase
the maximum penalty for contravening subsection 122(1) of the Referendum Act. The
new maximum penalties are:
• if the person is a natural person--imprisonment for 3 years or 100 penalty
units, or both;
• if the person is a body corporate--500 penalty units.
62. Section 122 of the Referendum Act is equivalent to section 329 of the Electoral Act.
63. Similar to Item 3, the increased penalty in Item 4 reflects the seriousness of
contravening section 122 of the Referendum Act and is intended to serve as a deterrent
to those seeking to interfere with the free exercise of an elector's vote.
15