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Queensland
ELECTORAL AMENDMENT
BILL 1994
Queensland
ELECTORAL AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 22 (Deputy Electoral Commissioner) . . . . . . . . . . . . . . . . 8
5 Amendment of s 64 (Entitlement to enrolment) . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 73 (Refusal of registration) . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
85A Grounds for deciding a person is not properly nominated . . . . . . . . . 10
8 Amendment of s 103 (Help to enable electors to vote at polling
booths) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 106 (Who must make a declaration vote) . . . . . . . . . . . . 11
10 Amendment of s 111 (Electoral visitor voting) . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 118 (Preliminary counting of ordinary votes) . . . . . . . . . . 13
12 Amendment of s 125 (Notice of failure to vote etc.) . . . . . . . . . . . . . . . . . . 13
13 Insertion of new s 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
125A Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 126 (Storage of ballot papers and declaration
envelopes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Insertion of new Pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 7--ELECTORAL FUNDING AND FINANCIAL DISCLOSURE
126A Purposes of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
126B Law about electoral funding and financial disclosure . . . . . . . . . . . 16
126C Regulations for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
126D References in the Schedule to Electoral Commission . . . . . . . . . . . 17
16 Amendment of s 129 (Who may dispute the election) . . . . . . . . . . . . . . . . . 17
2
Electoral Amendment
17 Replacement of s 164 (Failure to vote etc.) . . . . . . . . . . . . . . . . . . . . . . . . 17
164 Failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Amendment of s 166 (Canvassing etc. in or near polling places) . . . . . . . . 19
19 Replacement of s 169 (Wearing party badges etc.) . . . . . . . . . . . . . . . . . . . 19
169 Displaying political statements in certain places . . . . . . . . . . . . . . . 19
20 Insertion of new Pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 11--TRANSITIONAL PROVISIONS
183 References to Commonwealth Electoral Act . . . . . . . . . . . . . . . . . . 20
21 Insertion of new Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SCHEDULE
ELECTION FUNDING AND FINANCIAL DISCLOSURE BASED
ON PART XX OF THE COMMONWEALTH ELECTORAL ACT
Division 1--Preliminary
287 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
287AA Meaning of "disclosure period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
287A Campaign committee to be treated as part of (words
omitted) party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2--Agents
288 Agents of registered political parties . . . . . . . . . . . . . . . . . . . . . . . . . 25
289 Appointment of agents by candidates (words omitted) . . . . . . . . . . 26
290 Requisites for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
291 Register of Party Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
292 Effect of registration etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
292A Evidence of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
292B Responsibility for action when agent of party (words
omitted) dead or appointment vacant . . . . . . . . . . . . . . . . . . . . . . . . 28
292C Revocation of appointment of agent of candidate (words
omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
292D Notice of death or resignation of agent of candidate
(words omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3--Election funding
293 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
294 General entitlement to funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
294A Election funding reimbursement amount . . . . . . . . . . . . . . . . . . . . . . 30
3
Electoral Amendment
294B Notice of intention to claim election funding . . . . . . . . . . . . . . . . . . 31
295 Claims for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
296 Determination of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
297 Payment not to be made in certain circumstances . . . . . . . . . . . . . . 33
298 Amount of payment not to exceed electoral expenditure . . . . . . . . . 33
299 Making of payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
299A Revocation of decision regarding payment . . . . . . . . . . . . . . . . . . . . 34
300 Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
301 Death of member of group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
302 Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Disclosure of donations
303 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
304 Disclosure of gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
305 Expenditure incurred for political purposes . . . . . . . . . . . . . . . . . . . . 37
305A Donations to candidates and political parties . . . . . . . . . . . . . . . . . . 39
305B Donations to political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
306 Certain gifts not to be received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
307 Nil returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 5--Disclosure of electoral expenditure
308 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
309 Returns of electoral expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
310 Returns by broadcasters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
311 Returns by publishers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
311A Annual returns of income and expenditure of
Commonwealth Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
313 Nil returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
314 Two or more elections on the same day . . . . . . . . . . . . . . . . . . . . . . 43
Division 5A--Annual returns by registered political parties and
associated entities
314AA Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
314AB Annual returns by registered political parties . . . . . . . . . . . . . . . . . . 44
314AC Amounts received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
314AD Amounts paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Electoral Amendment
314AE Outstanding amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
314AEA Annual returns by associated entities . . . . . . . . . . . . . . . . . . . . . . . 47
314AF Returns not to include lists of party membership . . . . . . . . . . . . . . . 48
314AG Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 6--Miscellaneous
314A Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
315 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
315AA Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
315A Recovery of payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
316 Investigation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
317 Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
318 Inability to complete returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
318A Application of sections 305(1) and 309(4) in certain cases . . . . . . 54
319 Non-compliance with Schedule does not affect election . . . . . . . . . 54
319A Amendment of claims and returns . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
320 Inspection and supply of copies of claims and returns . . . . . . . . . . . 56
321 Indexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 7--Authorised officers
322 Authorised officer under this Schedule . . . . . . . . . . . . . . . . . . . . . . . 57
323 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
324 Limitation of authorised officer's powers . . . . . . . . . . . . . . . . . . . . . . 58
325 Authorised officer's conditions of appointment . . . . . . . . . . . . . . . . . 58
326 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
327 Production or display of authorised officer's identity card . . . . . . . . 59
Division 8--Power of authorised officers to ask questions or
require documents
328 Power to require information from certain persons . . . . . . . . . . . . . . 59
329 Power to require production of certain documents . . . . . . . . . . . . . . 60
Division 9--Powers of authorised officers for places
330 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
331 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
332 Warrants--applications made other than in person . . . . . . . . . . . . . 62
5
Electoral Amendment
333 Authorised officer's general powers for places . . . . . . . . . . . . . . . . . 63
Division 10--Authorised officer's power to seize
334 Power to seize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
335 Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
336 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
337 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
338 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
339 Forfeiture of unclaimed seized things . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 11--Other enforcement matters
340 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
341 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 67
342 Authorised officer to give notice of damage . . . . . . . . . . . . . . . . . . . 68
343 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
344 Agreement to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
345 Evidence of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
346 Obstruction of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
347. Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 12--Evidence
348 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 72
OTHER AMENDMENTS
1994
A BILL
FOR
An Act to amend the Electoral Act 1992
s1 8 s5
Electoral Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Electoral Amendment Act 1994. 3
amended 4
Act
Clause 2. This Act amends the Electoral Act 1992. 5
of s 3 (Definitions) 6
Amendment
Clause 3. Section 3-- 7
insert-- 8
` "ordinary vote" means a vote that is not a declaration vote.1'. 9
of s 22 (Deputy Electoral Commissioner) 10
Amendment
Clause 4. Section 22(1)-- 11
omit, insert-- 12
`22.(1) There may be a Deputy Electoral Commissioner.'. 13
of s 64 (Entitlement to enrolment) 14
Amendment
Clause 5.(1) Section 64(1), `Subject to subsection (2), a'-- 15
omit, insert-- 16
`A'. 17
(2) Section 64(2)-- 18
renumber as section 64(3). 19
1 Part 6, Division 5, Subdivision B is about the meaning and operation of
declaring voting.
s6 9 s6
Electoral Amendment
(3) Section 64-- 1
insert-- 2
`(2) However, subsection (1)(b) does not deny a person the entitlement 3
to be enrolled for an electoral district if the person did not live in the 4
electoral district for the last month merely because the person was 5
imprisoned.'. 6
(4) Section 64(3) (as renumbered), `If'-- 7
omit, insert-- 8
`In addition, if'. 9
(5) Section 64-- 10
insert-- 11
`(4) In this section-- 12
"prisoner" has the meaning given by the Corrective Services Act 1988.'. 13
of s 73 (Refusal of registration) 14
Amendment
Clause 6.(1) Section 73(1) and (4) (as in force immediately before 15
commencement)-- 16
renumber as section 73(2) and (5). 17
(2) Section 73-- 18
insert-- 19
`73.(1) In this section-- 20
"application name" means a name for a political party, or the abbreviation 21
of the name for a political party, set out in the party's application for 22
registration. 23
"party name" means the name, or an abbreviation or acronym of the 24
name, of a parliamentary party or registered political party. 25
"party body name" means the name, or an abbreviation or acronym of the 26
name, of a prominent public body.'. 27
(3) Section 73(2) and (3)-- 28
omit, insert-- 29
s7 10 s7
Electoral Amendment
`(3) The Commission must refuse to register a political party if the 1
party's application name-- 2
(a) has more than 6 words; or 3
(b) is obscene or offensive; or 4
(c) is a party name; or 5
(d) so nearly resembles a party name that it is likely to be confused 6
with or mistaken for the party name; or 7
(e) includes the word `independent'; or 8
(f) would otherwise be likely to cause confusion if registered. 9
`(4) The Commission may refuse to register a political party if the 10
party's application name-- 11
(a) is a public body name; or 12
(b) so nearly resembles a public body name that it is likely to be 13
confused with or mistaken for the public body name.'. 14
of new s 85A 15
Insertion
Clause 7. After section 85-- 16
insert-- 17
for deciding a person is not properly nominated 18
`Grounds
`85A.(1) In this section-- 19
"nomination name" means the name used for a nomination under this 20
Division. 21
"party name" means the name, or an abbreviation or acronym of the 22
name, of a parliamentary party or registered political party. 23
"public body name" means the name, or an abbreviation or acronym of 24
the name, of a prominent public body. 25
`(2) The Commission may decide that a person who has changed his or 26
her name is not properly nominated because the nomination name-- 27
(a) is a party name; or 28
(b) so nearly resembles a party name that it is likely to be confused 29
s8 11 s9
Electoral Amendment
with or mistaken for the party name; or 1
(c) includes the word `independent'; or 2
(d) is a public body name; or 3
(e) so nearly resembles a public body name that it is likely to be 4
confused with or mistaken for the public body name; or 5
(f) is obscene or offensive. 6
`(3) The Commission may also decide that a person who has changed 7
his or her name is not properly nominated if the Commission considers the 8
name could cause confusion. 9
10
Example--
11
If a person's name is `Informal', the Commission may consider that the name
12
could cause confusion to electors.
`(4) If the Commission decides a person is not properly nominated for 13
an election, it must give the person-- 14
(a) the decision; and 15
(b) the reasons for the decision; and 16
(c) a notice stating the person's right to dispute the election.2'. 17
of s 103 (Help to enable electors to vote at polling booths) 18
Amendment
Clause 8. Section 103(4)(d)-- 19
omit, insert-- 20
`(d) if the elector has made an ordinary vote--open the envelope 21
inside the polling booth in the presence of any scrutineers and put 22
the folded ballot paper in a ballot box.'. 23
of s 106 (Who must make a declaration vote) 24
Amendment
Clause 9. Section 106-- 25
insert-- 26
2 For a person's right to dispute the election, see section 129 (Who may dispute
the election).
s 10 12 s 10
Electoral Amendment
`(2) However, if an elector wishes to vote at a joint polling booth on 1
polling day outside the electoral district for which the elector is enrolled (the 2
"elector's district"), the elector may make an ordinary vote at the joint 3
polling booth if it is also established by the Commission as a polling booth 4
for the elector's district. 5
`(3) In this section-- 6
"joint polling booth" means a polling booth established by the 7
Commission as a polling booth for more than 1 electoral district.'. 8
of s 111 (Electoral visitor voting) 9
Amendment
Clause 10. Section 111(5)-- 10
omit, insert-- 11
`(5) The Commission may require the issuing officer to present `how to 12
vote' material to the elector and present the material in a particular way. 13
14
Example--
15
The Commission may require the issuing officer to give particular `how to vote'
16
material to the elector or to paste the material on a manila folder and show it to the
17
elector.
`(6) The issuing officer must comply with the requirement under 18
subsection (5). 19
`(7) The issuing officer must ensure, as far as practicable, section 1023 is 20
complied with when the elector votes. 21
`(8) The elector may ask a person to help the elector in any of the 22
following ways-- 23
(a) acting as an interpreter; 24
(b) explaining the ballot paper and the requirements of section 1134 25
about its marking; 26
(c) marking, or helping the elector to mark, the ballot paper in the 27
way the elector wishes; 28
3 Section 102 (Procedure for voting)
4 Section 113 (How electors must vote)
s 11 13 s 12
Electoral Amendment
(d) folding the ballot paper and putting it in the ballot box. 1
`(9) The elector may make an ordinary vote or declaration vote.'. 2
of s 118 (Preliminary counting of ordinary votes) 3
Amendment
Clause 11.(1) Section 118(1), `subsection (2)'-- 4
omit, insert-- 5
`subsections (2) and (4).'. 6
(2) Section 118-- 7
insert-- 8
`(4) If the Commission considers it appropriate for gaining an indication 9
of the candidate most likely to be elected for an electoral district, the 10
Commission may require the Commission's staff to-- 11
(a) count the preference votes in the way required by the 12
Commission; and 13
(b) prepare and sign a statement of the number of preference votes 14
(other than first preference votes) for each candidate; and 15
(c) advise the returning officer for the electoral district of the contents 16
of the statement.'. 17
of s 125 (Notice of failure to vote etc.) 18
Amendment
Clause 12.(1) Section 125(1), `must'-- 19
omit, insert-- 20
`may'. 21
(2) Section 125(1)(a)-- 22
insert-- 23
`(iii) the elector may, if the elector considers he or she has 24
committed the offence, pay 1/2 a penalty unit (the "penalty") 25
to the Commission by a specified day, not earlier than 26
21 days after the elector received the notice (the 27
"appropriate day"), and, if the Commission receives the 28
s 13 14 s 13
Electoral Amendment
payment by the appropriate day, no further steps will be 1
taken against the elector about the offence; and'. 2
(3) Section 125(1)(b)(ii)-- 3
renumber as section 125(1)(b)(iii). 4
(4) Section 125(1)(b)(i)-- 5
omit, insert-- 6
`(i) if the elector intends paying the penalty by the appropriate 7
day--to sign the appropriate form for payment of the 8
penalty and include payment of the penalty; and 9
(ii) if the elector does not intend paying the penalty by the 10
appropriate day--to state, in a form included in or with the 11
notice, whether the elector voted and, if not, the reason for 12
failing to vote; and'. 13
(5) Section 125(1)(b)(iii) (as renumbered), `a specified day, not earlier 14
than 21 days after the elector received the notice'-- 15
omit, insert-- 16
`the appropriate day'. 17
(6) Section 125(2)-- 18
omit. 19
(7) Section 125(3) to (5)-- 20
renumber as subsections (2) to (4). 21
of new s 125A 22
Insertion
Clause 13. After section 125-- 23
insert-- 24
for failure to vote 25
`Payments
`125A.(1) If the Commission sends a person a notice under 26
section 125(1)5 for an election and the person makes payment to the 27
5 Section 125 (Notice of failure to vote etc.)
s 14 15 s 15
Electoral Amendment
Commission under the subsection, the Commissioner must-- 1
(a) accept the payment; and 2
(b) give the person a receipt for the payment; and 3
(c) not take any proceeding against the person for failing to vote at 4
the election. 5
`(2) In this section-- 6
"proceeding" includes serving an infringement notice under Part 4A of the 7
Justices Act 1886.'. 8
of s 126 (Storage of ballot papers and declaration 9
Amendment
envelopes) 10
Clause 14.(1) Section 126(1)-- 11
omit, insert-- 12
`126.(1) The Commission must keep the following material for an 13
election until the day of issue of the writ for the next general election-- 14
(a) ballot papers showing a mark by an elector for the election; 15
(b) certified copies of electoral rolls; 16
(c) declaration envelopes.'. 17
(2) Section 126(2), `The'-- 18
omit, insert-- 19
`However, the'. 20
of new Pt 7 21
Insertion
Clause 15. After section 126-- 22
insert-- 23
s 15 16 s 15
Electoral Amendment
`PART 7--ELECTORAL FUNDING AND FINANCIAL 1
DISCLOSURE 2
urposes of Part 3
`P
`126A.(1) The purposes of this Part are to provide for-- 4
(a) electoral funding for registered political parties and candidates 5
other than candidates endorsed by registered political parties; and 6
(b) financial disclosure by registered political parties for elections 7
and, on an annual basis, by candidates for elections and by entities 8
involved with the electoral process. 9
`(2) However, many of the persons who will be affected by this Part 10
receive election funding or are required to disclose financial matters under 11
Part XX of the Commonwealth Electoral Act. 12
`(3) To reduce the administrative burden on these persons, the law of the 13
State about these matters is based on the Commonwealth Electoral Act. 14
about electoral funding and financial disclosure 15
`Law
`126B.(1) The Schedule provides the law about electoral funding and 16
financial disclosure. 17
`(2) The Schedule is based on Part XX of the Commonwealth Electoral 18
Act and, for that reason, uses the same numbering as the Commonwealth 19
Electoral Act. 20
`(3) Changes to the text of the Commonwealth Electoral Act in the 21
Schedule have been made, or are noted, in italics. 22
`(4) Despite subsection (2), the Schedule is not a mere adoption or 23
application of the Commonwealth Electoral Act. 24
25
Example--
26
A reference in the Schedule to regulations is a reference to regulations made
27
under this Act.
s 16 17 s 17
Electoral Amendment
for Part 1
`Regulations
`126C. In the Schedule, a reference to a prescribed amount or prescribed 2
time that is followed by an amount or time in brackets is to be read as 3
providing that the amount or time may be prescribed under the regulations 4
but, if the regulations do not prescribe the amount or time, the amount or 5
time in brackets applies. 6
7
Example--
8
Section 305(1)(b) provides--
9
`(b) the amount or value of each of which is equal to or is more than the
10
prescribed amount ($1 500)'.
11
The amount may be prescribed under the regulations. However, if no regulation is
12
made for section 305(1)(b), the paragraph is to be read as `equal to or is more than
13
$1 500'.
in the Schedule to Electoral Commission 14
`References
`126D. In the Schedule, a reference to the Electoral Commission is to be 15
read as a reference to the Electoral Commission of Queensland.6'. 16
of s 129 (Who may dispute the election) 17
Amendment
Clause 16. Section 129(c)-- 18
omit, insert-- 19
`(c) the Commission; or 20
(d) a person who the Commission decided was not properly 21
nominated.7'. 22
Replacement of s 164 (Failure to vote etc.) 23
Clause 17. Section 164-- 24
6 This change has not been made textually to the Schedule because the reference
appears frequently and the textual change may be disruptive to a user of the
legislation.
7 See section 85A (Grounds for deciding a person is not property nominated)
s 17 18 s 17
Electoral Amendment
omit, insert-- 1
to vote etc. 2
`Failure
`164.(1) An elector must not-- 3
(a) fail to vote at an election without a valid and sufficient excuse; or 4
(b) contravene section 125(3);8 or 5
(c) state anything to the Commission or the Commission's staff 6
under section 125 the person knows is false or misleading in a 7
material particular; or 8
(d) omit from a statement made under section 125 to the 9
Commission or the Commission's staff anything without which 10
the statement is, to the person's knowledge, misleading in a 11
material particular. 12
Maximum penalty--1 penalty unit. 13
`(2) Without limiting subsection (1)(a), if an elector believes it to be part 14
of the elector's religious duty not to vote at an election, that is a valid and 15
sufficient excuse for failing to vote at the election. 16
`(3) A person may be prosecuted for an offence against subsection (1)(a) 17
only if the person has been sent a notice about the election under 18
section 125. 19
`(4) In a proceeding for an offence against subsection (1)(a), a certificate 20
purporting to be signed by a member of the Commission's staff stating any 21
of the following matters is evidence of the matter-- 22
(a) an election happened on a stated day; 23
(b) an elector failed to vote at the election; 24
(c) a notice was sent by the Commission to the elector under 25
section 125 on a stated day; 26
(d) a form mentioned in section 125(1) was not received by the 27
Commission from the elector by the day stated under the 28
subsection. 29
`(5) If a form is not received by the Commission from the elector by the 30
8 Section 125 (Notice of failure to vote etc.)
s 18 19 s 19
Electoral Amendment
day stated under section 125(1), it is evidence the elector failed to vote at the 1
election without a valid and sufficient excuse. 2
`(6) If a form is received by the Commission about the elector's 3
compliance with section 125, statements in the form purporting to be made 4
by-- 5
(a) the elector are evidence as statements made by the elector; and 6
(b) another elector under section 125(4), are evidence as statements 7
made by the other elector. 8
`(7) Subsection (1)(a) does not apply to an Antarctic voter.'. 9
of s 166 (Canvassing etc. in or near polling places) 10
Amendment
Clause 18. Section 166(1)-- 11
omit, insert-- 12
`166.(1) A person must not, during the election period for an election, do 13
anything mentioned in subsection (2)-- 14
(a) inside a room with voting compartments; or 15
(b) within 6 m of the entrance to a building with voting 16
compartments. 17
Maximum penalty--9 penalty units.'. 18
of s 169 (Wearing party badges etc.) 19
Replacement
Clause 19. Section 169-- 20
omit, insert-- 21
political statements in certain places 22
`Displaying
`169.(1) A person must not display a political statement-- 23
(a) inside a room with voting compartments; or 24
(b) within 6 m of the entrance to a building with voting 25
compartments. 26
Maximum penalty--1 penalty unit. 27
`(2) In this section-- 28
s 20 20 s 21
Electoral Amendment
"political statement" means a statement or design that a reasonable person 1
would associate with a political organisation, cause or belief.'. 2
of new Pt 11 3
Insertion
Clause 20. After section 182-- 4
insert-- 5
ART 11--TRANSITIONAL PROVISIONS 6
`P
to Commonwealth Electoral Act 7
`References
`183.(1) In Part 7 and the Schedule, a reference to the Commonwealth 8
Electoral Act is a reference to the Commonwealth Electoral Act, as it would 9
be if the Commonwealth Electoral Bill (No. 2) 1994 had been enacted and 10
the resulting Act had been commenced. 11
`(2) This section expires 6 months after it commences.'. 12
of new Schedule 13
Insertion
Clause 21. After section 185-- 14
insert-- 15
s 21 21 s 21
Electoral Amendment
CHEDULE 1
`S
LECTION FUNDING AND FINANCIAL 2
`E
DISCLOSURE BASED ON PART XX OF THE 3
COMMONWEALTH ELECTORAL ACT 9 4
section 126B 5
1--Preliminary 6
`Division
7
`Interpretation
`287.(1) In this Schedule (words omitted)-- 8
(definitions omitted). 9
"associated entity" means an entity that-- 10
(a) is controlled by 1 or more registered political parties; or 11
(b) operates wholly or mainly for the benefit of 1 or more registered 12
political parties. 13
"authorised officer" means a person who is appointed under section 32310 14
as an authorised officer. 15
"disposition of property" means any conveyance, transfer, assignment, 16
settlement, delivery, payment or other alienation of property, and 17
includes-- 18
(a) the allotment of shares in a company; and 19
(b) the creation of a trust in property; and 20
9 This Schedule is based on Part XX of the Commonwealth Electoral Act. Textual
changes are indicated by italic script. Citations of Acts and the Division
headings are also in italics. If a cited Act has changed, the citation is
underlined.
10 Section 323 (Appointment)
s 21 22 s 21
Electoral Amendment
(c) the grant or creation of any lease, mortgage, charge, servitude, 1
licence, power, partnership or interest in property; and 2
(d) the release, discharge, surrender, forfeiture or abandonment, at 3
law or in equity, of any debt, contract or chose in action, or of any 4
interest in property; and 5
(e) the exercise by a person of a general power of appointment of 6
property in favour of any other person; and 7
(f) any transaction entered into by any person with intent thereby to 8
diminish, directly or indirectly, the value of the person's own 9
property and to increase the value of the property of any other 10
person. 11
(definitions omitted). 12
"eligible vote" means a vote for which, under section 294, a payment 13
under Division 3 may be made.11 14
"entity" means-- 15
(a) an incorporated or unincorporated body; or 16
(b) the trustee of a trust. 17
"financial controller", of an associated entity, means-- 18
(a) if the entity is a corporation--the secretary of the corporation; or 19
(b) if the entity is the trustee of a trust--the trustee; or 20
(c) in other cases--the person responsible for keeping the financial 21
records of the entity. 22
"gift" means any disposition of property made by a person to someone 23
else, otherwise than by will, being a disposition made without 24
consideration in money or money's worth or with inadequate 25
consideration, and includes the provision of a service (other than 26
volunteer labour) for no consideration or for inadequate consideration, 27
but does not include-- 28
11 Section 294 (General entitlement to funds)
Division 3 (Election funding)
s 21 23 s 21
Electoral Amendment
(a) a payment under Division 3;12 or 1
(b) an annual subscription paid to a political party (words omitted) by 2
a person for the person's membership of the party (words 3
omitted). 4
(definitions omitted). 5
"journal" means a newspaper, magazine or other periodical, whether 6
published for sale or for distribution without charge. 7
(definitions omitted). 8
"occupier" of a place, in Divisions 9, 10 and 11, includes a person who 9
reasonably appears to be the occupier, or in charge, of the place.13 10
"place", in Divisions 9, 10 and 11, includes land, premises, aircraft, ships 11
and vehicles. 12
"registered", for an election, means registered, before the day of issue of 13
the writ for the election, under Part 5.14 14
"registered industrial organisation" means an organisation registered 15
under the Industrial Relations Act 1990, the Industrial Relations Act 16
1988 (Cwlth) or under a law of another State or a Territory about the 17
registration of industrial organisations. 18
(definition omitted). 19
`(2) (omitted). 20
`(3) A reference in this Schedule to things done by or for a registered 21
political party (words omitted) must, if the party (words omitted) is not a 22
body corporate, be read as a reference to things done by or with the 23
authority of members or officers of the party (words omitted) for the party 24
(words omitted). 25
`(4) A reference in this Schedule to a registered political party, other than 26
12 Division 3 (Election funding)
13 Division 9 (Powers of authorised officers for places)
Division 10 (Authorised officer's power to seize)
Division 11 (Other enforcement matter)
14 Part 5 (Registration of political parties)
s 21 24 s 21
Electoral Amendment
a reference to the endorsement of a candidate (words omitted) in an election, 1
must be read as not including a reference to a part of the political party. 2
`(4A) (omitted). 3
`(5) For the purposes of this Schedule, the amount or value of a gift 4
consisting of or including a disposition of property other than money must, 5
if the regulations so provide, be decided under principles stated or 6
mentioned in the regulations. 7
`(6) For the purposes of this Schedule-- 8
(a) a body corporate and any other body corporate that is related to 9
the first-mentioned body corporate must be taken to be the same 10
person; and 11
(b) the question whether a body corporate is related to another body 12
corporate must be decided in the same manner as the question 13
whether a corporation is related to another corporation is 14
determined under the Corporations Law. 15
`(7) For the purposes of this Schedule, an advertisement relates to an 16
election if it contains electoral matter, whether or not consideration was 17
given for the publication or broadcasting of the advertisement. 18
of "disclosure period" 19
`Meaning
`287AA.(1) A "disclosure period", for an election, is the period that 20
starts-- 21
(a) for a candidate in the election who had been a candidate in a 22
general election or by-election the polling day in which was 23
within the prescribed time (4 years) before polling day in the 24
election--at the end of the prescribed time (30 days) after polling 25
day in the last general election or by-election in which the person 26
was a candidate; or 27
(b) for a candidate in the election who had not been a candidate in a 28
general election or by-election the polling day in which was 29
within the prescribed time (4 years) before polling day in the 30
relevant election--on the day on which the person announced that 31
he or she would be a candidate in the election or on the day on 32
which the person nominated as a candidate, whichever was the 33
s 21 25 s 21
Electoral Amendment
earlier; or 1
(c) for a person or organisation to which section 305(1)15 2
applies--at the end of the prescribed time (30 days) after the 3
polling day in the last general election. 4
`(2) A "disclosure period" for an election ends at the prescribed time 5
(30 days) after the polling day for the election. 6
committee to be treated as part of (words omitted) party 7
`Campaign
`287A.(1) Divisions 4, 5 and 5A16 apply as if a campaign committee of 8
an endorsed candidate were the registered political party that endorsed the 9
candidate (words omitted). 10
`(2) In subsection (1)-- 11
"campaign committee", for a candidate (words omitted), means a body of 12
persons appointed or engaged to form a committee to help the 13
campaign of the candidate (words omitted) in an election. 14
"endorsed candidate" means a candidate who is endorsed by a registered 15
political party. 16
(definitions omitted). 17
2--Agents 18
`Division
of registered political parties 19
`Agents
`288.(1) A registered political party must have an agent for the purposes 20
of this Schedule. 21
`(2) (omitted). 22
`(3) (omitted). 23
15 Section 305 (Expenditure incurred for political purposes)
16 Division 4 (Disclosure of donations)
Division 5 (Disclosure of electoral expenditure)
Division 5A (Annual returns by registered political parties and associated
entities)
s 21 26 s 21
Electoral Amendment
of agents by candidates (words omitted) 1
`Appointment
`289.(1) A candidate in an election (words omitted) may appoint a person 2
to be the agent of the candidate, for the purposes of this Schedule, for the 3
election. 4
`(2) (omitted). 5
`(2A) (omitted). 6
`(3) During any period for which there is no appointment in force under 7
subsection (1) of an agent of a candidate, the candidate is taken to be his or 8
her own agent for the purposes of this Schedule. 9
`(4) (omitted). 10
for appointment 11
`Requisites
`290.(1) An appointment of an agent under section 288 or 28917 has no 12
effect unless-- 13
(a) the person appointed is an adult; and 14
(b) written notice of the appointment is given to the Electoral 15
Commission-- 16
(i) if the appointment is made by a registered political party 17
(words omitted)--by the party (words omitted); and 18
(ii) in any other case--by the candidate (words omitted) making 19
the appointment; and 20
(c) the name and address of the person appointed are stated in the 21
notice; and 22
(d) the person appointed-- 23
(i) has signed a form of consent to the appointment; and 24
(ii) has signed a declaration that he or she is eligible for 25
appointment. 26
`(1A) A consent or declaration under subsection (1) may be incorporated 27
in, or written on the same paper as, a notice under that subsection. 28
17 Section 288 (Agents of registered political parties)
Section 289 (Appointment of agents by candidates (words omitted))
s 21 27 s 21
Electoral Amendment
`(2) If a person who is the agent of a registered political party or a 1
candidate (words omitted) is convicted of an offence against this Schedule 2
for a particular election, the person is not eligible to be appointed or to hold 3
office as an agent for the purposes of this Schedule for the purposes of any 4
subsequent election. 5
`(3) An appointment (other than an appointment by a registered political 6
party (words omitted)) is not effective for anything required by this 7
Schedule to be done-- 8
(a) for a claim or return under this Schedule for an election; or 9
(b) during a specified period after polling day in an election; 10
if notice of the appointment was given to the Commission after the close of 11
nominations for the election. 12
of Party Agents 13
`Register
`291.(1) The Electoral Commission must keep a register called the 14
Register of Party Agents. 15
`(2) There must be entered in the Register the name and address of every 16
person appointed to be an agent of a registered political party for the 17
purposes of this Schedule. 18
of registration etc. 19
`Effect
`292.(1) The appointment of an agent by a registered political party-- 20
(a) takes effect on the entry of the name and address of the agent in 21
the Register of Party Agents; and 22
(b) ceases to have effect if the name and address of the agent are 23
removed from the Register. 24
`(2) The name and address of a person must not be removed from the 25
Register unless-- 26
(a) the person gives to the Electoral Commission written notice that 27
he or she has resigned the appointment as agent; or 28
(b) the registered political party (words omitted) that appointed the 29
person gives to the Electoral Commission written notice that the 30
s 21 28 s 21
Electoral Amendment
person has ceased to be an agent of the party and also gives notice 1
under section 290(1)18 of the appointment of someone else as 2
agent of the party; or 3
(c) the person is convicted of an offence against this Schedule. 4
`(3) If a person who is an agent of a registered political party dies, the 5
party (words omitted) by which the person was appointed must, within 6
28 days after the death of the person, give to the Electoral Commission-- 7
(a) written notice of the death; and 8
(b) notice under section 290(1) of the appointment of a person as 9
agent in place of the deceased person. 10
`(4) If a person who is an agent of a registered political party is convicted 11
of an offence against this Schedule, the party (words omitted) that appointed 12
the person must give notice under section 290(1) of a fresh appointment 13
within 28 days after the conviction or, if an appeal against the conviction is 14
instituted and the conviction is affirmed, within 28 days after the appeal is 15
decided. 16
of appointment 17
`Evidence
`292A. An entry in the Register of Party Agents is, for all purposes, 18
(word omitted) evidence that the person described in the entry is the agent, 19
for the purposes of this Schedule, of the registered political party named in 20
the entry. 21
for action when agent of party (words omitted) dead or 22
`Responsibility
appointment vacant 23
`292B. If-- 24
(a) Division 4, 5 or 5A19 imposes an obligation on the agent of a 25
18 Section 290 (Requisites for appointment)
19 Division 4 (Disclosure of donations)
Division 5 (Disclosure of electoral expenditure)
Division 5A (Annual returns by registered political parties and associated
entities)
s 21 29 s 21
Electoral Amendment
registered political party (words omitted); and 1
(b) there is no agent of the party (words omitted); 2
the obligation rests on each member of the executive committee of the party 3
(words omitted), and this Schedule applies to each such member as if the 4
obligation rested on that member alone. 5
of appointment of agent of candidate (words omitted) 6
`Revocation
`292C.(1) A candidate (words omitted) may, by giving written notice to 7
the Electoral Commission, revoke the appointment of a person as the agent 8
of the candidate (words omitted). 9
`(2) A notice under subsection (1) has no effect unless it is signed by the 10
candidate (words omitted). 11
of death or resignation of agent of candidate (words omitted) 12
`Notice
`292D. If the agent of a candidate (words omitted) dies or resigns, the 13
candidate (words omitted) must, without delay, give to the Electoral 14
Commission notice in writing of the death or resignation. 15
`Division 3--Election funding 16
17
`Interpretation
`293.(1) A reference in this Division to electoral expenditure for an 18
election is to be read as a reference to any expenditure incurred for the 19
election campaign (whether or not incurred during the election period). 20
`(2) (omitted). 21
`(3) For the purposes of this Division, electoral expenditure for an 22
election incurred by or for a candidate (words omitted) who is endorsed by 23
a registered political party is taken to be electoral expenditure for the election 24
incurred by the party. 25
`(4) (omitted). 26
`(5) (omitted). 27
s 21 30 s 21
Electoral Amendment
entitlement to funds 1
`General
`294.(1) Subject to this Division, there is payable for each first 2
preference vote given for a candidate in an election the election funding 3
reimbursement amount under section 294A. 4
`(2) (omitted). 5
`(4) A reference in this section to a first preference vote must be read as 6
not including a reference to a vote that has been rejected as informal in the 7
poll concerned. 8
funding reimbursement amount 9
`Election
`294A.(1) For section 294(1), the election funding reimbursement 10
amount is-- 11
(a) $1.03531; or 12
(b) the amount worked out (to 5 decimal places) under 13
subsection (2). 14
`(2) The election funding reimbursement amount is adjusted for each 15
financial year on 1 July using the formula-- 16
AxB 17
C. 18
`(3) However, if, for a particular financial year, adjustment of the 19
election funding reimbursement amount would reduce the amount, the 20
amount is not to be adjusted for the year. 21
`(4) If an amount would, if calculated to 6 decimal places, end with a 22
number more than 4, the amount is taken to be the amount calculated to 23
5 decimal places and increased by 0.00001. 24
`(5) In this section-- 25
"A" is the election funding reimbursement amount immediately before 26
1 July in a year. 27
"B" is the CPI number published for the March quarter in the year. 28
"C" is the CPI number published for the March quarter in the previous 29
year. 30
s 21 31 s 21
Electoral Amendment
"CPI" means the all groups consumer price index for Brisbane published 1
by the Australian Statistician. 2
of intention to claim election funding 3
`Notice
`294B.(1) By 31 December in a year, the agent of a political party must 4
notify the Electoral Commission if it intends to make a claim under 5
section 29520 for an election if an election is held in the next year. 6
`(2) If a candidate is not endorsed by a registered political party on the 7
day on which the person nominates as a candidate for an election, the 8
candidate must, on the day, give notice of whether the candidate intends to 9
make a claim under section 295 for the election. 10
`(3) If a candidate for an election was endorsed by a registered political 11
party on the day on which the person nominated as a candidate but, after 12
the day, the endorsement is withdrawn, the candidate must, within 3 days of 13
the withdrawal, give notice of whether the candidate intends to make a 14
claim under section 295 for the election. 15
`(4) A claim under section 295 may be made by a registered political 16
party or candidate only if the political party or candidate notified the 17
Electoral Commission under this section. 18
`(5) A notice under this section must be given on an approved form. 19
for payment 20
`Claims
`295.(1) A payment under this Division must not be made except on the 21
making of a claim to the Electoral Commission for the payment. 22
`(2) If a candidate for whom eligible votes were given in an election was 23
endorsed in the election by a registered political party, a claim for a payment 24
under this Division for the eligible votes given for the candidate may be 25
made only by the agent of (words omitted) the registered political party 26
(words omitted). 27
`(3) If a candidate for whom eligible votes were given in an election was 28
not endorsed by a registered political party, a claim for a payment under this 29
Division for the eligible votes given for the candidate may be made only by 30
20 Section 295 (Claims for payment)
s 21 32 s 21
Electoral Amendment
the agent of the candidate. 1
`(4) (omitted). 2
`(5) (omitted). 3
`(6) (omitted). 4
`(7) If (words omitted) a registered political party was a participant in 2 or 5
more elections that took place on the same day, any claim made by the 6
agent of the party for a payment under this Division must be made for the 7
eligible votes given for-- 8
(a) each candidate who was endorsed in 1 of the elections by the 9
party and who stood for election in the State (words omitted); and 10
(b) (omitted). 11
`(8) A claim for a payment under this Division-- 12
(a) must be made in an approved form; and 13
(b) must be accompanied by the information (word omitted) the 14
Electoral Commission requires about-- 15
(i) for a claim made by the agent of a (words omitted) 16
registered political party--the (word omitted) electoral 17
expenditure for the election or elections to which the claim 18
relates incurred by or for the party; and 19
(ii) for a claim made by the agent of a candidate--the electoral 20
expenditure for the election to which the claim relates 21
incurred by or for the candidate; and 22
(iii) (omitted); 23
(ba) (omitted); 24
(c) must be lodged with the Electoral Commission before the 25
expiration of the claims period. 26
`(9) The claims period, for a particular claim is-- 27
(a) the period of 20 weeks after the polling day in the election or 28
elections to which the claim relates; or 29
(b) a longer period (word omitted) the Electoral Commission, before 30
the end of the period specified in paragraph (a), fixes. 31
s 21 33 s 21
Electoral Amendment
`(10) The Electoral Commission must not fix a longer period for the 1
purpose of subsection (9)(b) unless it is satisfied that the circumstances of 2
the case justify the fixing of a longer period. 3
of claims 4
`Determination
`296. The Electoral Commission must, subject to this Division, decide 5
claims for payments under this Division. 6
not to be made in certain circumstances 7
`Payment
`297.(1) A payment under this Division must not be made for votes 8
given in an election for a candidate unless the total number of eligible votes 9
polled in the candidate's favour is more than 4% of the total number of 10
eligible votes polled in favour of all of the candidates in the election. 11
`(2) (omitted). 12
of payment not to exceed electoral expenditure 13
`Amount
`298. The amount of a payment under this Division made for a claim 14
under section 29521 must not exceed-- 15
(a) if the claim is made by the agent of a (words omitted) registered 16
political party and relates to 1 election--the electoral expenditure 17
for the election incurred by or for the party; or 18
(b) if the claim is made by the agent of a (words omitted) registered 19
political party and relates to 2 or more elections--the electoral 20
expenditure for the elections incurred by or for the party; or 21
(c) if the claim is made by the agent of a candidate--the electoral 22
expenditure for the election to which the claim relates incurred by 23
or for the candidate; or 24
(d) (omitted). 25
21 Section 295 (Claims for payment)
s 21 34 s 21
Electoral Amendment
of payments 1
`Making
`299.(1) If the Electoral Commission is satisfied, for a claim under 2
section 295(2), that an amount is payable under this Division for votes 3
given in an election or elections for a candidate or candidates endorsed by a 4
registered political party, the Electoral Commission must make the payment 5
to the agent of (words omitted) the party (words omitted). 6
`(2) If the Electoral Commission is satisfied, for a claim under 7
section 295(3), that an amount is payable under this Division for votes 8
given in an election for a candidate, the Electoral Commission must make 9
the payment to the agent of the candidate. 10
`(3) (omitted). 11
`(4) (omitted). 12
`(4A) (omitted). 13
`(5) (omitted). 14
`(6) If a payment is made under this Division and the recipient is not 15
entitled to receive the whole or a part of the amount paid, whether because 16
of a false statement in a claim or otherwise, the amount or the part of the 17
amount may be recovered by the State as a debt due to the State by action 18
against the person (words omitted). 19
of decision regarding payment 20
`Revocation
`299A.(1) If the Electoral Commission is satisfied that the amount of a 21
payment decided under section 29622 is more than, or is less than, the 22
amount payable to the claimant, the Commission may revoke the decision 23
and make a fresh decision. 24
`(2) If-- 25
(a) the amount payable under the revoked decision was paid to 26
1 person; and 27
(b) the amount payable under the fresh decision is less than the 28
amount paid under the revoked decision; 29
the difference between the amounts fixed by the decisions is a debt due to 30
22 Section 296 (Determination of claims)
s 21 35 s 21
Electoral Amendment
the State by the person (words omitted). 1
`(3) (omitted). 2
of candidate 3
`Death
`300. If a candidate for whom eligible votes were given in an election 4
dies, a payment under this Division for the eligible votes given for the 5
candidate may be made even though the candidate died and, if the candidate 6
was not endorsed in the election by a registered political party and was his 7
or her own agent for the purposes of this Schedule, a claim for the payment 8
may be made by, and the payment may be made to, the legal personal 9
representative of the candidate. 10
of member of group 11
`Death
`301. (omitted). 12
13
`Appropriation
`302. (omitted). 14
4--Disclosure of donations 15
`Division
16
`Interpretation
`303. (omitted). 17
of gifts 18
`Disclosure
`304. 19
`(2) The agent of each person (words omitted) who was a candidate in an 20
election or by-election must, within the prescribed time (15 weeks) after the 21
polling day in the election, give to the Electoral Commission a return, in an 22
approved form, stating the total amount or value of all gifts, the number of 23
persons who made gifts, and the relevant details of each gift, received by the 24
person during the disclosure period for the election. 25
s 21 36 s 21
Electoral Amendment
`(3) (omitted). 1
`(3A) (omitted). 2
`(4) For the purposes of this section, a reference to the relevant details, of 3
a gift, must be read as a reference to the amount or value of the gift, the date 4
on which the gift was made and-- 5
(a) for a gift made for the members of an unincorporated association, 6
other than a registered industrial organisation-- 7
(i) the name of the association; and 8
(ii) the names and addresses of the members of the executive 9
committee (however described) of the association; and 10
(b) for a gift purportedly made out of a trust fund or out of the funds 11
of a foundation-- 12
(i) the names and addresses of the trustees of the fund or of the 13
funds of the foundation; and 14
(ii) the title or other description of the trust fund or the name of 15
the foundation (words omitted); and 16
(c) in any other case--the name and address of the person who made 17
the gift. 18
`(5) Despite subsection (2) (words omitted), the agent of a candidate 19
(words omitted) is not required, in a return under subsection (2) (words 20
omitted), to state the relevant details of a gift if-- 21
(b) for a gift made to a candidate (words omitted)-- 22
(i) the gift was made in a private capacity to the candidate for 23
his or her personal use and the candidate has not used, and 24
will not use, the gift solely or substantially for a purpose 25
related to an election or a by-election; or 26
(ii) the amount or value of the gift is less than the prescribed 27
amount ($200); or 28
(c) (omitted). 29
`(6) Subsection (5)(b)(ii) (words omitted) does not apply to a return 30
under subsection (2) (words omitted) for a gift made by a person if-- 31
(b) for a gift made to a candidate (words omitted)--the sum of the 32
s 21 37 s 21
Electoral Amendment
amount or value of the gift and of all other gifts (other than gifts 1
of the kind mentioned in subsection (5)(b)(i)) made by the person 2
to the candidate during the period to which the return relates is 3
equal to or is more than the prescribed amount ($200); or 4
(c) (omitted). 5
`(8) Despite subsection (2), the agent of a person is not required, in a 6
return under subsection (2), to state the total amount or value of, or the 7
number of persons who made, gifts of the kind mentioned in 8
subsection (5)(b)(i). 9
incurred for political purposes 10
`Expenditure
`305.(1) If a person (other than a registered political party, (words 11
omitted) an associated entity or a candidate (words omitted)), during the 12
disclosure period for an election, incurs expenditure for a political purpose, 13
the person must, before the expiration of 15 weeks after the polling day in 14
the election, give to the Electoral Commission a return, in an approved 15
form, stating the relevant details of all gifts received by the person during 16
the disclosure period, being gifts-- 17
(a) the whole or a part of each of which was used by the person to 18
enable the person to incur expenditure for a political purpose or to 19
reimburse the person for incurring expenditure for a political 20
purpose; and 21
(b) the amount or value of each of which is equal to or more than the 22
prescribed amount ($1 000). 23
`(2) Subsection (1) does not apply to a person for the disclosure period 24
for an election if the total amount of expenditure incurred by the person for 25
political purposes during the disclosure period is less than the prescribed 26
amount ($1 000). 27
`(2A) For the purposes of this section, a person is taken to have incurred 28
expenditure for a political purpose if, during the disclosure period for an 29
election, the person incurs the expenditure for the election or any other 30
election. 31
`(3) In this section-- 32
(a) a reference to the incurring of expenditure for a political purpose 33
s 21 38 s 21
Electoral Amendment
must be read as a reference to the incurring of expenditure for or 1
by the way of-- 2
(i) publication by any means (including radio or television) of 3
electoral matter; or 4
(ii) by any other ways publicly expressing views on an issue in 5
an election; or 6
(iii) the making of a gift to a political party (words omitted); or 7
(iv) the making of a gift to a candidate in an election (words 8
omitted); or 9
(v) the making of a gift to a person on the understanding that the 10
person or someone else will apply, either directly or 11
indirectly, the whole or a part of the gift as mentioned in 12
subparagraph (i), (ii), (iii) or (iv); and 13
(b) the reference to the relevant details, of a gift, is a reference to the 14
amount or value of the gift, the date on which the gift was made 15
and-- 16
(i) for a gift made for the members of an unincorporated 17
association, other than a registered industrial organisation-- 18
(A) the name of the association; and 19
(B) the names and addresses of the members of the 20
executive committee (however described) of the 21
association; and 22
(ii) for a gift purportedly made out of a trust fund or out of the 23
funds of a foundation-- 24
(A) the names and addresses of the trustees of the fund or 25
of the funds of the foundation; and 26
(B) the title or other description of the trust fund or the 27
name of the foundation (words omitted); and 28
(iii) in any other case--the name and address of the person who 29
made the gift. 30
`(4) For the purposes of subsection (1), 2 or more gifts made, during the 31
disclosure period for an election, by the same person to another person are 32
s 21 39 s 21
Electoral Amendment
taken to be 1 gift. 1
`(5) (omitted). 2
to candidates and political parties 3
`Donations
`305A. (omitted). 4
to political parties 5
`Donations
`305B. (omitted). 6
gifts not to be received 7
`Certain
`306.(1) It is unlawful for a political party or (words omitted) a person 8
acting for a political party (words omitted) to receive a gift made to or for 9
the benefit of the party (words omitted) by another person, being a gift the 10
amount or value of which is equal to or more than the prescribed amount 11
($1 000), unless-- 12
(a) the name and address of the person making the gift are known to 13
the person receiving the gift or, at the time when the gift is made, 14
the person making the gift gives to the person receiving the gift 15
his or her name and address and the person receiving the gift has 16
no grounds to believe that the name and address (word omitted) 17
given are not the true name and address of the person making the 18
gift. 19
`(2) It is unlawful for a candidate (words omitted) or a person acting for a 20
candidate (words omitted) to receive a gift made to or for the benefit of the 21
candidate (words omitted) being a gift the amount or value of which is equal 22
to or exceeds-- 23
(a) for a gift made to a candidate--the prescribed amount ($200); 24
and 25
(b) (omitted); 26
unless the name and address of the person making the gift are known to the 27
person receiving the gift or, at the time when the gift is made, the person 28
making the gift gives to the person receiving the gift his or her name and 29
address and the person receiving the gift has no grounds to believe that the 30
s 21 40 s 21
Electoral Amendment
name and address (word omitted) given are not the true name and address 1
of the person making the gift. 2
`(2A) The references in subsections (1) and (2) to a gift made by a 3
person includes a reference to a gift made for the members of an 4
unincorporated association. 5
`(2B) A reference in subsection (1) or (2) to the name and address of a 6
person making a gift is-- 7
(a) for a gift made for the members of an unincorporated association, 8
other than a registered industrial organisation--a reference to-- 9
(i) the name of the association; and 10
(ii) the names and addresses of the members of the executive 11
committee (however described) of the association; and 12
(b) for a gift purportedly made out of a trust fund or out of the funds 13
of a foundation--a reference to-- 14
(i) the names and addresses of the trustees of the fund or of the 15
funds of the foundation; and 16
(ii) the title or other description of the trust fund or the name of 17
the foundation (words omitted). 18
`(2C) For the purpose of subsection (2), a person who is a candidate in 19
an election must be taken to remain a candidate for the time prescribed 20
(30 days after the polling day in the election). 21
`(2D) (omitted). 22
`(3) For the purposes of this section, 2 or more gifts made by the same 23
person to or for the benefit of a political party, or a candidate, must be taken 24
to be 1 gift. 25
`(5) If a person receives a gift that, because of this section, it is unlawful 26
for the person to receive, an amount equal to the amount or value of the gift 27
is payable by the person to the State and may be recovered by the State as a 28
debt due to the State by action (words omitted) against-- 29
(a) for a gift to or for (words omitted) a political party-- 30
(i) if the party (words omitted) is a body corporate--the party 31
(words omitted); or 32
s 21 41 s 21
Electoral Amendment
(ii) in any other case--the agent of the party (words omitted); or 1
(b) in any other case--the candidate (words omitted) or the agent of 2
the candidate (words omitted). 3
returns 4
`Nil
`307.(1) If no details are required to be included in a return under this 5
Division for a candidate, the return must nevertheless be lodged and must 6
include a statement to the effect that no gifts of a kind required to be 7
disclosed were received. 8
`(2) (omitted). 9
`Division 5--Disclosure of electoral expenditure 10
11
`Interpretation
`308.(1) In this Division-- 12
"electoral expenditure", for an election, means expenditure incurred 13
(whether or not incurred during the election period) on-- 14
(a) the broadcasting or telecasting, during the election period, of an 15
advertisement relating to the election; or 16
(b) the publishing in a journal, during the election period, of an 17
advertisement relating to the election; or 18
(c) the display, during the election period, at a theatre or other place 19
of entertainment, of an advertisement relating to the election; or 20
(d) the production of an advertisement relating to the election, being 21
an advertisement that is broadcast, published or displayed as 22
mentioned in paragraph (a), (b) or (c); or 23
(e) the production of any material (other than material mentioned in 24
paragraph (a), (b) or (c)) that is required under section 161 23 to 25
include the name and address of the author of the material or of 26
the person authorising the material and that is used during the 27
23 Section 161 (Author of election matter must be named)
s 21 42 s 21
Electoral Amendment
election period; or 1
(f) consultant's or advertising agent's fees for-- 2
(i) services provided during the election period, being services 3
relating to the election; or 4
(ii) material relating to the election that is used during the 5
election period; or 6
(g) the carrying out, during the election period, of an opinion poll, or 7
other research, relating to the election. 8
`(2) (omitted). 9
`(3) A reference in this Division to a participant in an election must be 10
read as a reference to-- 11
(a) a registered political party (words omitted) or a candidate; or 12
(b) a person (other than a registered political party (words omitted) or 13
a candidate) by whom or with the authority of whom electoral 14
expenditure for an election was incurred. 15
of electoral expenditure 16
`Returns
`309. 17
`(1A) (omitted). 18
`(2) The agent of each person who was a candidate in an election (words 19
omitted) must, before the expiration of the prescribed time (15 weeks after 20
the polling day in the election), give to the Electoral Commission a return, in 21
an approved form, stating details of all electoral expenditure for the election 22
incurred by or with the authority of the candidate. 23
`(3) (omitted). 24
`(4) If electoral expenditure for an election was incurred by or with the 25
authority of a person and the expenditure was not incurred with the written 26
authority of a registered political party (words omitted), an associated entity 27
or a candidate in the election (words omitted), the person must, before the 28
expiration of the prescribed time (15 weeks after the polling day in the 29
election), give to the Electoral Commission a return, in an approved form, 30
stating details of the electoral expenditure. 31
s 21 43 s 21
Electoral Amendment
`(5) A person is not required to give a return under subsection (4) for an 1
election if the total amount of the electoral expenditure incurred for the 2
election by or with the authority of the person is not more than the 3
prescribed amount ($200). 4
by broadcasters 5
`Returns
`310. (omitted). 6
by publishers 7
`Returns
`311. (omitted). 8
returns of income and expenditure of Commonwealth 9
`Annual
Departments 10
`311A. (omitted). 11
returns 12
`Nil
`313.(1) If no electoral expenditure for an election was incurred by or 13
with the authority of a particular candidate (words omitted), a return under 14
this Division for the candidate (words omitted) must nevertheless be lodged 15
and must include a statement to the effect that no expenditure of the kind 16
was incurred by or with the authority of the candidate (words omitted). 17
or more elections on the same day 18
`Two
`314.(1) If-- 19
(a) the polling at 2 or more elections took place on the same day; and 20
(b) a person would, but for this subsection, be required to give 2 or 21
more returns under this Division relating to the elections; 22
the person may, instead of giving the returns, give 1 return, in an approved 23
form, stating the particulars that the person would have been required to 24
state in the returns. 25
`(2) If-- 26
s 21 44 s 21
Electoral Amendment
(a) a return is given by a person under subsection (1); and 1
(b) particular electoral expenditure details of which are required to be 2
stated in the return relates to more than 1 election; 3
it is sufficient compliance with this Division if the return states details of the 4
expenditure without showing the extent to which it relates to any particular 5
election. 6
5A--Annual returns by registered political parties and 7
`Division
associated entities 8
9
`Interpretation
`314AA. In this Division-- 10
"amount" includes the value of a gift or bequest. 11
returns by registered political parties 12
`Annual
`314A.(1) Subject to this Division, the agent of each registered political 13
party (words omitted) must, within the prescribed time (16 weeks after the 14
end of each financial year) give to the Electoral Commission a return, in an 15
approved form, stating-- 16
(a) the total amount received by, or for, the party during the financial 17
year, together with the details required by section 314AC;24 and 18
(b) the total amount paid by, or for, the party during the financial 19
year, together with the details required by section 314AD;25 and 20
(c) the total outstanding amount, as at the end of the financial year, of 21
all debts incurred by, or for, the party, together with the details 22
required by section 314AE.26 23
24 Section 314AC (Amounts received)
25 Section 314AD (Amounts paid)
26 Section 314AE (Outstanding amounts)
s 21 45 s 21
Electoral Amendment
`(2) Despite subsection (1), the agent of a political party may, for the 1
financial year that started on 1 July 1994, give a return for the part of the 2
year after the commencement of this section. 3
`(3) Subsection (2) and this subsection expire on 1 January 1996. 4
received 5
`Amounts
`314AC.(1) If the sum of all amounts received by, or for, the party from 6
a person or organisation during a financial year is the prescribed amount 7
($1 500) or more, the return must include the particulars of the sum. 8
`(2) In calculating the sum, an amount of less than the prescribed 9
amount ($500) need not be counted. 10
`(3) The particulars of the sum required to be given under subsection (1) 11
are the amount of the sum and-- 12
(a) if the sum was received from an unincorporated association, other 13
than a registered industrial organisation-- 14
(i) the name of the association; and 15
(ii) the names and addresses of the members of the executive 16
committee (however described) of the association; or 17
(b) if the sum was purportedly paid out of a trust fund or out of the 18
funds of a foundation-- 19
(i) the names and addresses of the trustees of the fund or of the 20
foundation; and 21
(ii) the title or other description of the trust fund, or the name of 22
the foundation (words omitted); or 23
(c) in any other case--the name and address of the person or 24
organisation. 25
mounts paid 26
`A
`314AD.(1) If the sum of all amounts paid by, or for, the party to a 27
person or an organisation during a financial year is the prescribed amount 28
($1 500) or more, the return must include the particulars of the sum. 29
`(2) In calculating the sum-- 30
s 21 46 s 21
Electoral Amendment
(a) an amount of less than the prescribed amount ($500); or 1
(b) an amount paid under a contract of employment or an award 2
specifying terms and conditions of employment; 3
need not be counted. 4
`(3) The particulars of a sum required to be given under subsection (1) 5
are the amount of the sum and-- 6
(a) if the sum was paid to an unincorporated association, other than a 7
registered industrial organisation-- 8
(i) the name of the association; and 9
(ii) the names and addresses of the members of the executive 10
committee (however described) of the association; or 11
(b) if the sum was purportedly paid into a trust fund or into the funds 12
of a foundation-- 13
(i) the names and addresses of the trustees of the fund or of the 14
foundation; and 15
(ii) the title or other description of the trust fund, or the name of 16
the foundation (words omitted); or 17
(c) in any other case--the name and address of the person or 18
organisation. 19
utstanding amounts 20
`O
`314AE.(1) If the sum of all outstanding debts incurred by, or for, the 21
party to a person or an organisation during a financial year is the prescribed 22
amount ($1 500) or more, the return must include the particulars of the 23
sum. 24
`(2) The particulars of a sum required to be given under subsection (1) 25
are the amount of the sum and-- 26
(a) if the sum was owed to an unincorporated association, other than 27
a registered industrial organisation-- 28
(i) the name of the association; and 29
(ii) the names and addresses of the members of the executive 30
committee (however described) of the association; or 31
s 21 47 s 21
Electoral Amendment
(b) if the sum was purportedly incurred as a debt to a trust fund or to 1
a foundation-- 2
(i) the names and addresses of the trustees of the fund or of the 3
foundation; and 4
(ii) the title or other description of the trust fund, or the name of 5
the foundation (words omitted); or 6
(c) in any other case--the name and address of the person or 7
organisation. 8
returns by associated entities 9
`Annual
`314AEA.(1) If an entity is an associated entity at any time during a 10
financial year, the entity's financial controller must give a return to the 11
Electoral Commission, in the approved form, within the prescribed time 12
(16 weeks after the end of the financial year), setting out-- 13
(a) the total amount received by, or for, the entity during the financial 14
year, together with the details required by section 314AC;27 and 15
(b) the total amount paid by, or for, the entity during the financial 16
year, together with the details required by section 314AD;28 and 17
(c) if the entity is an associated entity at the end of the financial 18
year--the total outstanding amount, as at the end of the financial 19
year, of all debts incurred by or for the entity, together with the 20
details required by section 314AE.29 21
`(2) Amounts received or paid at a time when the entity was not an 22
associated entity are not to be counted for the purposes of subsection (1)(a) 23
and (b). 24
`(3) If any amount required to be set out under subsection (1)(b)-- 25
(a) was paid to or for (words omitted) 1 or more registered political 26
27 Section 314AC (Amounts received)
28 Section 314AD (Amounts paid)
29 Section 314AE (Outstanding amounts)
s 21 48 s 21
Electoral Amendment
parties; and 1
(b) was paid out of funds generated from capital of the associated 2
entity; 3
the return must also set out the following details about each person who 4
contributed to the capital at any time-- 5
(c) the name and address of the person; 6
(d) the total amount of the person's contributions to the capital, up to 7
the end of the financial year. 8
`(4) Subsection (3) does not apply to contributions that have been set out 9
in a previous return under this section. 10
`(5) Sections 314AC, 314AD and 314AE apply for the purposes of 11
subsection (1)(a), (b) and (c) (words omitted) to a return for an associated 12
entity in the same way as they apply for the purposes of 13
section 314AB(1)(a), (b) and (c)30 to a return for a registered political party. 14
not to include lists of party membership 15
`Returns
`314A. Returns given under this Division are not to include lists of party 16
membership. 17
18
`Regulations
`314AG.(1) The regulations may require greater detail to be provided in 19
returns than is required by this Division. 20
`(2) Without limiting subsection (1), the regulations may require that the 21
total amounts mentioned in section 314AB31 be broken down in the way 22
specified in the regulations. 23
`(3) The regulations may reduce the amount of information to be 24
provided in returns under section 314AEA.32 25
30 Section 314AB (Annual returns by registered political parties)
31 Section 314AB (Annual returns by registered political parties)
32 Section 314AEA (Annual returns by associated entities)
s 21 49 s 21
Electoral Amendment
`Division 6--Miscellaneous 1
2
`Interpretation
`314A. Except in section 318,33 a reference in this Division to a return 3
under Division 4, 5 or 5A34 or to a return under this Schedule includes a 4
reference to particulars under section 318(2). 5
6
`Offences
`315.(1) If a person fails to give a return that the person is required to give 7
under Division 4, 5 or 5A within the time required by this Schedule, the 8
person is guilty of an offence punishable, on conviction, by a fine not 9
exceeding-- 10
(a) for a return required to be given by the agent of a registered 11
political party (words omitted)--100 penalty units; or 12
(b) in any other case--20 penalty units. 13
`(2) If a person-- 14
(a) gives a return that is incomplete, being a return that the person is 15
required to give under Division 4, 5 or 5A; or 16
(b) fails to keep records in accordance with section 317;35 17
the person is guilty of an offence punishable, on conviction, by a fine not 18
exceeding 20 penalty units. 19
`(3) If the agent of a political party (words omitted) lodges a claim under 20
Division 3,36 or gives a return that the agent is required to give under 21
33 Section 318 (Inability to complete returns)
34 Division 4 (Disclosure of donations)
Division 5 (Disclosure of electoral expenditure)
Division 5A (Annual returns by registered political parties and associated
entities)
35 Section 317 (Records to be kept)
36 Division 3 (Election funding)
s 21 50 s 21
Electoral Amendment
Division 4, 5 or 5A, that contains particulars that are, to the knowledge of 1
the agent, false or misleading in a material particular, the agent is guilty of 2
an offence punishable, on conviction, by a fine not exceeding 200 penalty 3
units. 4
`(3A) If the agent of a candidate lodges a claim under Division 3, or 5
gives a return that the agent is required to give under Division 4, 5 or 5A, 6
that contains particulars that are, to the knowledge of the agent, false or 7
misleading in a material particular, the agent is guilty of an offence 8
punishable, on conviction, by a fine not exceeding 100 penalty units. 9
`(4) If a person (other than an agent) lodges a claim under Division 3, 10
or gives a return that the person is required to give under Division 4 or 5, 11
that contains particulars that are, to the knowledge of the person, false or 12
misleading in a material particular, the person is guilty of an offence 13
punishable, on conviction, by a fine not exceeding 50 penalty units. 14
`(4A) If a person is convicted of an offence against subsection (1), the 15
court may, as well as imposing a penalty under the subsection, order the 16
person to give the relevant return within a time stated by the court in its 17
order. 18
`(5) If a person is convicted of an offence against subsection (3), (3A) or 19
(4), the court may, as well as imposing a penalty under the subsection, 20
order the person to refund to the State the amount of any payment 21
wrongfully obtained by the person under Division 3. 22
`(6) If a court has made an order under subsection (5), a certificate signed 23
by the appropriate officer of the court stating the amount ordered to be 24
refunded and the person by whom the amount is payable may be filed in a 25
court having civil jurisdiction to the extent of that amount and is thereupon 26
enforceable in all respects as a final judgment of the court. 27
`(6A) A person must not give to another person, for the purpose of the 28
making by the other person of a claim under Division 3, information that is, 29
to the knowledge of the first-mentioned person, false or misleading in a 30
material particular. 31
Maximum penalty--20 penalty units. 32
`(7) A person must not give to another person who is required to give a 33
return under Division 4, 5 or 5A information that relates to the return and 34
that is, to the knowledge of the first-mentioned person, false or misleading 35
s 21 51 s 21
Electoral Amendment
in a material particular. 1
Maximum penalty--20 penalty units. 2
`(8) (omitted). 3
`(9) (omitted). 4
`(10) (omitted). 5
`(11) A prosecution for an offence against a provision of this section 6
(words omitted) may be started at any time within 3 years after the offence 7
was committed. 8
to commit offences 9
`Attempts
`315AA.(1) A person who attempts to commit an offence against this 10
Schedule commits an offence. 11
Maximum penalty--1/2 the maximum penalty for committing the offence. 12
`(2) Section 4 of the Criminal Code applies to subsection (1).37 13
of payments 14
`Recovery
`315A.(1) An action in a court to recover an amount due to the State 15
under section 299(6) or 306(5)38 may be brought in the name of the 16
Commission. 17
`(2) Any process in the action required to be served on the State may be 18
served on the Commission. 19
`(3) (omitted). 20
37 Section 4 of the Criminal Code (Attempts to commit offences)
38 Section 299 (Making of payments)
Section 306 (Certain gifts not to be received)
s 21 52 s 21
Electoral Amendment
etc. 1
`Investigation
`316. (omitted).39 2
to be kept 3
`Records
`317. If (words omitted) a person makes or obtains a document or other 4
thing that is or includes a record about a matter particulars of which are, or 5
could be, required to be stated in a claim or return under this Schedule about 6
an election, other than a record that, in the normal course of business or 7
administration, would be transferred to another person, the first-mentioned 8
person must keep the record for a period of at least 3 years commencing on 9
the polling day in the election. 10
to complete returns 11
`Inability
`318.(1) If a person who is required to give a return under Division 4, 5 12
or 5A 40 considers that it is impossible to complete the return because he or 13
she is unable to obtain particulars that are required for the preparation of the 14
return, the person may-- 15
(a) prepare the return to the extent that it is possible to do so without 16
the particulars; and 17
(b) give the return so prepared; and 18
(c) give to the Electoral Commission notice in writing-- 19
(i) identifying the return; and 20
(ii) stating that the return is incomplete because he or she is 21
unable to obtain certain particulars; and 22
(iii) identifying the particulars; and 23
(iv) stating the reasons why he or she is unable to obtain the 24
39 The matters covered by section 316 of the Commonwealth Electoral Act are
included in Divisions 7 to 11 of this Schedule.
40 Division 4 (Disclosure of donations)
Division 5 (Disclosure of electoral expenditure)
Division 5A (Annual returns by registered political parties and associated
entities)
s 21 53 s 21
Electoral Amendment
particulars; and 1
(v) if the person believes, on reasonable grounds, that another 2
person whose name and address he or she knows can give 3
those particulars--stating that belief and the reasons for it 4
and the name and address of that other person; 5
and a person who complies with this subsection must not, merely because 6
the omission of the particulars, be taken, for the purposes of 7
section 315(2),41 to have given a return that is incomplete. 8
`(2) If the Electoral Commission has been informed under 9
subsection (1)(c) or (3)(c) that a person can supply particulars that have not 10
been included in a return, the Electoral Commission may, by notice in 11
writing served on that person, require the person to give to the Electoral 12
Commission, within the period stated in the notice and in writing, those 13
particulars and, subject to subsection (3), the person must comply with the 14
requirement. 15
`(3) If a person who is required to give particulars under subsection (2) 16
considers that he or she is unable to obtain some or all of the particulars, the 17
person must give to the Electoral Commission a written notice-- 18
(a) stating the particulars (if any) that the person is able to give; and 19
(b) stating that the person is unable to obtain some or all of the 20
particulars; and 21
(c) identifying the particulars the person is unable to obtain; and 22
(d) stating the reasons why the person considers he or she is unable 23
to obtain the particulars; and 24
(e) if the person believes, on reasonable grounds, that another person 25
whose name and address he or she knows can give the 26
particulars--stating the name and address of the other person and 27
the reasons why he or she believes that the other person is able to 28
give the particulars. 29
`(3A) A person who complies with subsection (3) must not, because of 30
the omission of particulars required under subsection (2), be taken, for the 31
purpose of section 315(2), to have given a return that is incomplete. 32
41 Section 315 (Offences)
s 21 54 s 21
Electoral Amendment
of sections 305(1) and 309(4) in certain cases 1
`Application
`318A. (omitted). 2
with Schedule does not affect election 3
`Non-compliance
`319.(1) A failure of a person to comply with a provision of this 4
Schedule for an election does not invalidate the election. 5
`(2) Without limiting the generality of subsection (1), if-- 6
(a) a registered political party endorsed a candidate in an election; and 7
(b) the candidate was elected at the election; 8
any failure by the agent of the political party (words omitted) to comply 9
with a provision of this Schedule for the election does not invalidate the 10
election of the candidate. 11
`(3) Without limiting the generality of subsection (1), if the agent of a 12
candidate who is elected at an election fails to comply with a provision of 13
this Schedule for the election, that failure does not invalidate the election of 14
the candidate. 15
`(4) (omitted). 16
of claims and returns 17
`Amendment
`319A.(1) If the Electoral Commissioner is satisfied that a claim or 18
return under this Schedule contains a formal error or is subject to a formal 19
defect, the Commissioner may amend the claim or return to the extent 20
necessary to correct the error or remove the defect. 21
`(2) A person who has lodged a claim or given a return under this 22
Schedule may ask the permission of the Electoral Commission to make a 23
specified amendment of the claim or return for the purpose of correcting an 24
error or omission. 25
`(2A) If the claim was lodged, or the return was given, by a person as the 26
agent of a registered political party, the request under subsection (2) may be 27
made either by-- 28
(a) the person who lodged the claim or return; or 29
(b) the person who is currently registered as the agent of the political 30
s 21 55 s 21
Electoral Amendment
party. 1
`(3) A request under subsection (2) must-- 2
(a) be by written notice (words omitted) signed by the person making 3
the request; and 4
(b) be given to the Electoral Commission. 5
`(4) If-- 6
(a) a request has been made under subsection (2); and 7
(b) the Electoral Commission is satisfied that there is an error in, or 8
omission from, the claim or return to which the request relates; 9
the Commission must permit the person making the request to amend the 10
claim or return in accordance with the request. 11
`(5) If the Electoral Commission decides to refuse a request under 12
subsection (2), the Commission must give to the person making the request 13
written notice of the reasons for the decision. 14
`(6) An officer authorised for the purpose by the Electoral Commission 15
may exercise the power of the Commission under subsection (4). 16
`(7) If an officer acting under subsection (6) decides to refuse a request 17
under subsection (2)-- 18
(a) subsection (5) applies as if the officer were the Electoral 19
Commission; and 20
(b) the person who made the request may, by written notice (words 21
omitted) lodged with the Commission within 28 days after notice 22
of the refusal was given, ask the Commission to review the 23
decision. 24
`(8) If a request is made under subsection (7), the Electoral Commission 25
must review the decision to which the request relates and make a fresh 26
decision. 27
`(9) The amendment of a claim or return under this section does not 28
affect the liability of a person to be convicted of an offence against 29
s 21 56 s 21
Electoral Amendment
section 315(2), (3) or (4) arising out of the lodging of the claim or the 1
giving of the return.42 2
and supply of copies of claims and returns 3
`Inspection
`320.(1) The Electoral Commission must keep, at its office, a copy of-- 4
(a) each notice and claim under Division 3; and 5
(b) each return under Division 4 or 5; and 6
(c) each return under Division 5A.43 7
`(2) Any person may peruse, at the (word omitted) office of the Electoral 8
Commission (words omitted), a copy of a notice, claim or return mentioned 9
in subsection (1). 10
`(2A) (omitted). 11
`(3) A person may, on payment of a fee decided by the Electoral 12
Commission to cover the cost of copying, (word omitted) obtain a copy of a 13
notice, claim or return mentioned in subsection (1). 14
`(4) A person is not entitled under this section to peruse, or obtain a copy 15
of-- 16
(a) a claim under Division 3; or 17
(b) a return under Division 4 or 5 (other than section 305B44); 18
until after the end of 24 weeks after the polling day in the election to which 19
the claim or return relates. 20
`(5) A person is not entitled under this section to peruse, or obtain a copy 21
of-- 22
42 Section 315 (Offences)
43 Division 3 (Election funding)
Division 4 (Disclosure of donations)
Division 5 (Disclosure of electoral expenditure)
Division 5A (Annual returns by registered political parties and associated
entities)
44 Section 305B (Donations to political parties)
s 21 57 s 21
Electoral Amendment
(a) a return under section 305B; or 1
(b) a return under Division 5A; 2
until February in the calendar year after the return is given. 3
4
`Indexation
`321. (omitted). 5
`Division 7--Authorised officers 6
officer under this Schedule 7
`Authorised
`322.(1) This Schedule includes provision for the appointment of 8
authorised officers, and gives authorised officers certain powers. 9
`(2) The purpose of these provisions is to ensure that the Electoral 10
Commission has available to it suitably qualified persons who can help the 11
Electoral Commission properly deal with issues about compliance with the 12
Schedule. 13
14
`Appointment
`323.(1) The Electoral Commission may appoint any of the following 15
persons as authorised officers-- 16
(a) officers of the Electoral Commission; 17
(b) officers or employees of a department; 18
(c) other persons prescribed under the regulations. 19
`(2) The Electoral Commission may appoint a person as an authorised 20
officer only if-- 21
(a) in the Commission's opinion, the person has the necessary 22
expertise or experience to be an authorised officer; or 23
(b) the person has satisfactorily finished training approved by the 24
Electoral Commission. 25
s 21 58 s 21
Electoral Amendment
of authorised officer's powers 1
`Limitation
`324.(1) The powers of an authorised officer may be limited-- 2
(a) under a regulation; or 3
(b) under a condition of appointment; or 4
(c) by written notice of the Electoral Commission given to the 5
authorised officer. 6
`(2) Notice under subsection (1)(c) may be given orally, but must be 7
confirmed in writing as soon as practicable. 8
officer's conditions of appointment 9
`Authorised
`325.(1) An authorised officer holds office on the conditions stated in the 10
instrument of appointment. 11
`(2) An authorised officer-- 12
(a) if the appointment provides for a term of appointment--ceases 13
holding office at the end of the term; and 14
(b) may resign by signed notice of resignation given to the Electoral 15
Commission; and 16
(c) if the conditions of appointment provide--ceases holding office as 17
an authorised officer on ceasing to hold another office stated in 18
the appointment conditions (the "main office"). 19
`(3) However, an authorised officer may not resign from the office of 20
authorised officer (the "secondary office") under subsection (2)(b) if a 21
term of the authorised officer's employment to the main office requires the 22
authorised officer to hold the secondary office. 23
officer's identity card 24
`Authorised
`326.(1) The Electoral Commission must give each authorised officer an 25
identity card. 26
`(2) The identity card must-- 27
(a) contain a recent photograph of the authorised officer; and 28
(b) be signed by the authorised officer; and 29
s 21 59 s 21
Electoral Amendment
(c) include an expiry date; and 1
(d) identify the person as an authorised officer under this Schedule. 2
`(3) A person who ceases to be an authorised officer must return the 3
person's identity card to the Electoral Commission within 21 days after the 4
person ceases to be an authorised officer, unless the person has a 5
reasonable excuse for not returning it. 6
Maximum penalty--20 penalty units. 7
`(4) This section does not prevent the giving of a single identity card to a 8
person under this section and for other provisions, Acts or purposes. 9
or display of authorised officer's identity card 10
`Production
`327.(1) An authorised officer may exercise a power under this Schedule 11
in relation to someone else (the "other person") only if the authorised 12
officer-- 13
(a) first produces his or her identity card for the other person's 14
inspection; or 15
(b) has the identity card displayed so it is clearly visible to the other 16
person. 17
`(2) However, if for any reason, it is not practicable to comply with 18
subsection (1), the authorised officer must produce the identity card for the 19
other person's inspection at the first reasonable opportunity. 20
8--Power of authorised officers to ask questions or require 21
`Division
documents 22
to require information from certain persons 23
`Power
`328.(1) This section applies if an authorised officer suspects on 24
reasonable grounds-- 25
(a) an offence against this Schedule has been committed; and 26
(b) a person may be able to give information about the offence. 27
`(2) The authorised officer may require the person to give information 28
about the offence. 29
s 21 60 s 21
Electoral Amendment
`(3) When making the requirement, the authorised officer must warn the 1
person it is an offence to fail to give the information, unless the person has 2
a reasonable excuse. 3
`(4) The person must comply with the requirement, unless the person 4
has a reasonable excuse for not complying with it. 5
Maximum penalty--40 penalty units. 6
`(5) It is a reasonable excuse for the person to fail to give information if 7
giving it might tend to incriminate the person. 8
`(6) The person does not commit an offence against this section if the 9
information sought by the authorised officer is not in fact relevant to the 10
offence. 11
to require production of certain documents 12
`Power
`329.(1) An authorised officer may require a person who holds, claims 13
to hold or should hold, a document to which this Schedule relates to 14
produce the document. 15
`(2) When making the requirement, the authorised officer must warn the 16
person it is an offence to fail to produce the document, unless the person 17
has a reasonable excuse. 18
`(3) The person must comply with the requirement, unless the person 19
has a reasonable excuse for not complying with it. 20
Maximum penalty--40 penalty units. 21
`(4) It is a reasonable excuse for the person to fail to produce the 22
document if producing it might tend to incriminate the person. 23
`(5) The authorised officer may keep the document to take an extract 24
from it or make a copy of it. 25
`(6) The authorised officer must return the document to the person as 26
soon as practicable after taking the extract or making the copy. 27
`(7) The person does not commit an offence against this section if the 28
document sought by the authorised officer is not in fact relevant to the 29
offence. 30
s 21 61 s 21
Electoral Amendment
`Division 9--Powers of authorised officers for places 1
to places 2
`Entry
`330.(1) An authorised officer may enter a place under this Schedule if-- 3
(a) its occupier agrees to the entry; or 4
(b) the entry is permitted by a warrant. 5
`(2) An authorised officer, without the occupier's agreement or a 6
warrant, may-- 7
(a) enter a place when the place is open to the public; or 8
(b) enter land to ask for the occupier's agreement to the authorised 9
officer entering the land or a building or structure on the land. 10
`(3) Unless an entry under this Schedule is made under the authority of a 11
warrant, the entry must be made at a reasonable time. 12
for entry 13
`Warrants
`331.(1) An authorised officer may apply to a Magistrate for a warrant 14
for a place. 15
`(2) The application must be sworn and must state the grounds on which 16
the warrant is sought. 17
`(3) The Magistrate may refuse to consider the application until the 18
authorised officer gives the Magistrate all the information the Magistrate 19
requires about the application in the way the Magistrate requires. 20
21
Example--
22
The Magistrate may require additional information supporting the application be
23
given by statutory declaration.
`(4) The Magistrate may issue a warrant only if the Magistrate is 24
satisfied there are reasonable grounds for suspecting-- 25
(a) there is a particular thing or activity (the "evidence") that may 26
provide evidence of the commission of an offence against this 27
Schedule; and 28
(b) the evidence is at the place, or may be at the place within the next 29
s 21 62 s 21
Electoral Amendment
7 days. 1
`(5) The warrant must state-- 2
(a) the authorised officer may, with necessary and reasonable help 3
and force, enter the place and exercise the authorised officer's 4
powers under this Schedule; and 5
(b) the evidence for which the warrant is issued; and 6
(c) the hours of the day or night when entry may be made; and 7
(d) the day (within 14 days after the warrant's issue) when the 8
warrant ends. 9
`(6) The Magistrate must record the reasons for issuing the warrant. 10
made other than in person 11
`Warrants--applications
`332.(1) An authorised officer may apply for a warrant by phone, fax, 12
radio or another form of communication if the authorised officer considers 13
it necessary because of urgent circumstances or other special 14
circumstances, including, for example, the authorised officer's remote 15
location. 16
`(2) Before applying for the warrant, the authorised officer must prepare 17
an application stating the grounds on which the warrant is sought. 18
`(3) The authorised officer may apply for the warrant before the 19
application is sworn. 20
`(4) After issuing a warrant, the Magistrate must immediately fax a copy 21
to the authorised officer if it is reasonably practicable to fax the copy. 22
`(5) If it is not reasonably practicable to fax a copy of the warrant to the 23
authorised officer-- 24
(a) the Magistrate must-- 25
(i) record on the warrant the reasons for issuing the warrant; 26
and 27
(ii) tell the authorised officer the date and time the warrant was 28
signed; and 29
(iii) tell the authorised officer the warrant's terms; and 30
s 21 63 s 21
Electoral Amendment
(b) the authorised officer must write on a form of warrant (the 1
"warrant form")-- 2
(i) the Magistrate's name; and 3
(ii) the date and time the Magistrate signed the warrant; and 4
(iii) the warrant's terms. 5
`(6) The facsimile warrant, or the warrant form properly completed by 6
the authorised officer, authorises the entry and the exercise of the other 7
powers mentioned in the warrant issued by the Magistrate. 8
`(7) The authorised officer must, at the first reasonable opportunity, 9
send to the Magistrate-- 10
(a) the sworn application; and 11
(b) if a warrant form was completed by the authorised officer--the 12
completed warrant form. 13
`(8) On receiving the documents, the Magistrate must attach them to the 14
warrant. 15
`(9) Unless the contrary is proved, a court must presume a power 16
exercised by an authorised officer was not authorised by a warrant issued 17
under this section if-- 18
(a) a question arises, in a proceeding before the court, whether the 19
exercise of power was authorised by a warrant; and 20
(b) the warrant is not produced in evidence. 21
officer's general powers for places 22
`Authorised
`333.(1) An authorised officer who enters a place under this Schedule 23
may-- 24
(a) search any part of the place; or 25
(b) examine, inspect, test, photograph or film anything at the place; 26
or 27
(c) copy a document at the place; or 28
(d) take into the place any persons, equipment and materials the 29
authorised officer reasonably requires for exercising a power in 30
s 21 64 s 21
Electoral Amendment
relation to the place; or 1
(e) require a person at the place or the occupier of the place, to give 2
the authorised officer reasonable help for the exercise of the 3
powers mentioned in paragraphs (a) to (d). 4
`(2) A person who is required by an authorised officer under 5
subsection (1)(e) to give the authorised officer reasonable help for the 6
exercise of a power must comply with the requirement, unless the person 7
has a reasonable excuse for not complying with it. 8
Maximum penalty--20 penalty units. 9
`(3) If the help is required to be given by-- 10
(a) answering a question; or 11
(b) producing a document; 12
it is a reasonable excuse for the person to fail to answer the question, or 13
produce the document, if complying with the requirement might tend to 14
incriminate the person. 15
`(4) This section applies to an authorised officer who enters a place to 16
get the occupier's agreement to enter only if the agreement is given or the 17
entry is otherwise authorised. 18
10--Authorised officer's power to seize 19
`Division
to seize 20
`Power
`334.(1) An authorised officer who enters a place under the authority of 21
a warrant under this Schedule may seize the evidence for which the warrant 22
was issued. 23
`(2) An authorised officer who enters a place with the occupier's 24
agreement under this Schedule may seize the particular thing for which the 25
entry was made, if the officer believes, on reasonable grounds, the thing is 26
evidence of an offence against this Schedule. 27
`(3) The authorised officer may also seize another thing if the officer 28
believes, on reasonable grounds-- 29
(a) the thing is evidence of an offence against this Schedule; and 30
s 21 65 s 21
Electoral Amendment
(b) the seizure is necessary to prevent the thing being-- 1
(i) concealed, lost or destroyed; or 2
(ii) used to commit, continue or repeat the offence. 3
`(4) Having seized a thing, an authorised officer may-- 4
(a) move the thing from the place where it was seized (the "place of 5
seizure") to another place; or 6
(b) leave the thing at the place of seizure but restrict access to the 7
thing. 8
9
Example of subsection (4)(b)--
10
An authorised officer may seal--
11
(a) a thing and mark it to show it has been seized; or
12
(b) the entrance to a room where the seized thing is situated and mark it to show
13
it contains a thing that has been seized.
`(5) If an authorised officer restricts access to a seized thing, a person 14
must not tamper with it without the approval of the authorised officer or the 15
Electoral Commission. 16
Maximum penalty--40 penalty units. 17
in support of seizure 18
`Powers
`335.(1) To enable a thing to be seized, an authorised officer may, by 19
written notice given to the person in control of the thing, require the 20
person-- 21
(a) to take it to a stated reasonable place by a stated reasonable 22
time; and 23
(b) if necessary, to remain in control of it at the place for a 24
reasonable time. 25
`(2) If, for any reason, it is not practicable to make the requirement by 26
written notice, the requirement may be made orally and confirmed by 27
written notice as soon as practicable. 28
`(3) A person must comply with a requirement under this section, unless 29
the person has a reasonable excuse for not complying with it. 30
Maximum penalty--40 penalty units. 31
s 21 66 s 21
Electoral Amendment
for seized things 1
`Receipt
`336.(1) As soon as practicable after an authorised officer seizes a thing, 2
the authorised officer must give a receipt for it to the person from whom it 3
was seized. 4
`(2) However, if for any reason it is not practicable to comply with 5
subsection (1), the authorised officer must leave the receipt at the place of 6
seizure, in a reasonably secure way and in a conspicuous position. 7
`(3) Subsection (1) does not apply if-- 8
(a) the thing is unattended when seized; and 9
(b) the thing's owner is unknown; and 10
(c) the owner cannot be found after reasonable inquiries (given the 11
thing's value) have been made. 12
to seized things 13
`Access
`337. Until a seized thing is forfeited, returned, or otherwise finally dealt 14
with, an authorised officer must allow its owner-- 15
(a) to inspect it; or 16
(b) if it is a document--to make copies of it. 17
of seized things 18
`Return
`338.(1) This section does not apply to a thing forfeited to the State. 19
`(2) The authorised officer must return a seized thing to its owner at the 20
end of-- 21
(a) 6 months; or 22
(b) if a prosecution for an offence involving it is started within 23
6 months--the prosecution and any appeal from the prosecution. 24
`(3) Despite subsection (2), the authorised officer must return the seized 25
thing to its owner immediately the authorised officer stops being satisfied its 26
retention as evidence is necessary. 27
s 21 67 s 21
Electoral Amendment
of unclaimed seized things 1
`Forfeiture
`339. A seized thing is forfeited to, and becomes the property of, the State 2
if the Electoral Commission-- 3
(a) cannot find its owner after reasonable inquiries (given the thing's 4
value) have been made; or 5
(b) is unable, after making reasonable efforts, to return it to its 6
owner. 7
11--Other enforcement matters 8
`Division
or misleading information 9
`False
`340.(1) A person must not-- 10
(a) state anything to an authorised officer the person knows is false 11
or misleading in a material particular; or 12
(b) omit from a statement made to an authorised officer anything 13
without which the statement is, to the person's knowledge, 14
misleading in a material particular. 15
Maximum penalty--20 penalty units. 16
`(2) It is enough for a complaint for an offence against subsection (1)(a) 17
or (b) to state that the statement made was false or misleading to the 18
person's knowledge. 19
misleading or incomplete documents 20
`False,
`341.(1) A person must not give an authorised officer a document 21
containing information the person knows is false, misleading or incomplete 22
in a material particular. 23
Maximum penalty--20 penalty units. 24
`(2) However, the person does not commit an offence against 25
subsection (1) if, when giving the document, the person-- 26
(a) informs the authorised officer, to the best of the person's ability, 27
how it is false, misleading or incomplete; and 28
s 21 68 s 21
Electoral Amendment
(b) gives the correct information to the authorised officer if the 1
person has, or can reasonably obtain, the correct information. 2
`(3) It is enough for a complaint for an offence against subsection (1) to 3
state that the document was false, misleading or incomplete to the person's 4
knowledge. 5
officer to give notice of damage 6
`Authorised
`342.(1) This section applies if-- 7
(a) an authorised officer damages anything in the exercise of a 8
power under this Schedule; or 9
(b) a person who is authorised by an authorised officer to take action 10
under this Schedule damages anything in taking the action. 11
`(2) The authorised officer must promptly give written notice of the 12
particulars of the damage to the person who appears to the authorised 13
officer to be the thing's owner. 14
`(3) If the authorised officer believes the damage was caused by a latent 15
defect in the thing or other circumstances beyond the authorised officer's 16
control, the authorised officer may state this in the notice. 17
`(4) If, for any reason, it is not practicable to comply with subsection (2), 18
the authorised officer must-- 19
(a) leave the notice at the place where the damage happened; and 20
(b) ensure the notice is left in a reasonably secured way in a 21
conspicuous position. 22
`(5) This section does not apply to damage the authorised officer 23
believes, on reasonable grounds, is trivial. 24
25
`Compensation
`343.(1) A person may claim compensation if the person incurs loss or 26
expense because of the exercise or purported exercise of a power under this 27
Schedule, including, for example, in complying with a requirement made of 28
the person under this Schedule. 29
`(2) Compensation may be claimed and ordered in a proceeding for-- 30
s 21 69 s 21
Electoral Amendment
(a) compensation brought in a court of competent jurisdiction; or 1
(b) an offence against this Schedule brought against the person 2
making the claim for compensation. 3
`(3) A court may order compensation to be paid only if it is satisfied it is 4
just to make the order in the circumstances of the particular case. 5
`(4) The regulations may prescribe matters that may, or must, be taken 6
into account by the court when considering whether it is just to make the 7
order. 8
to entry 9
`Agreement
`344.(1) This section applies if an authorised officer seeks the agreement 10
of an occupier of a place to an authorised officer entering the place under 11
this Schedule. 12
`(2) In seeking the agreement, the authorised officer must inform the 13
occupier-- 14
(a) of the purpose of the entry; and 15
(b) that information obtained by the authorised officer may be used 16
in evidence in court; and 17
(c) that the occupier is not required to agree to the entry. 18
`(3) If the consent is given, the authorised officer may ask the occupier to 19
sign an acknowledgment of the occupier's agreement. 20
`(4) The acknowledgment must state-- 21
(a) the occupier was informed-- 22
(i) of the purpose of the entry; and 23
(ii) that information obtained by the authorised officer may be 24
used in evidence in court; and 25
(iii) that the occupier was not required to agree to the entry; and 26
(b) the occupier agreed to the authorised officer entering the place 27
and exercising powers under this Schedule; and 28
(c) the time and date the agreement was given. 29
s 21 70 s 21
Electoral Amendment
`(5) If the occupier signs an acknowledgment of agreement, the 1
authorised officer must immediately give a copy to the occupier. 2
of agreement 3
`Evidence
`345.(1) This section applies to a proceeding if-- 4
(a) a question arises whether an occupier of a place agreed to the 5
entry of the place by an authorised officer under this Schedule; 6
and 7
(b) an acknowledgment of the occupier's agreement is not produced 8
in evidence. 9
`(2) In a proceeding to which this section applies, the court may presume 10
the occupier did not agree to the entry, unless the contrary is proved. 11
of authorised officer 12
`Obstruction
`346.(1) In this section-- 13
"authorised officer" includes a person who is authorised by an authorised 14
officer to take action under this Schedule. 15
`(2) A person must not obstruct an authorised officer in the exercise of a 16
power under this Schedule, unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
`(3) In this section-- 19
"obstruct" includes hinder, resist and attempt to obstruct. 20
of authorised officer 21
`Impersonation
`347. A person must not pretend to be an authorised officer. 22
Maximum penalty--80 penalty units. 23
s 21 71 s 21
Electoral Amendment
12--Evidence 1
`Division
provisions 2
`Evidentiary
`348.(1) This section applies to a proceeding under this Act. 3
`(2) The appointment or power of an authorised officer must be 4
presumed unless a party, by reasonable notice, requires proof of-- 5
(a) the appointment; or 6
(b) the power to do anything under this Schedule. 7
`(3) A signature purporting to be the signature of the Electoral 8
Commissioner or an authorised officer is evidence of the signature it 9
purports to be. 10
`(4) A certificate purporting to be signed by a person mentioned in 11
subsection (3) and stating any of the following matters is evidence of the 12
matter-- 13
(a) a stated document is-- 14
(i) an order, direction, requirement or decision, or a copy of an 15
order, direction, requirement or decision, given or made 16
under this Schedule; or 17
(ii) a notice, or a copy of a notice, given under this Schedule; or 18
(iii) a record, or a copy of a record, kept under this Schedule; or 19
(iv) a document, or a copy of a document, kept under this 20
Schedule; 21
(b) on a stated day, a stated person was given a stated notice, order, 22
requirement or direction under this Schedule; 23
(c) anything else prescribed under the regulations.'. 24
25
72
Electoral Amendment
CHEDULE 1
¡S
THER AMENDMENTS 2
O
section 2 3
1. Section 3, definition "Commonwealth Electoral Act"-- 4
omit, insert-- 5
` "Commonwealth Electoral Act" means the Commonwealth Electoral 6
Act 1918 (Cwlth).'.45 7
2. Section 27-- 8
omit, insert-- 9
`Acting Electoral Commissioner 10
`27. The Governor in Council may appoint a person, who is eligible for 11
appointment as Electoral Commissioner, to act as Electoral Commissioner 12
during-- 13
(a) any vacancy, or all vacancies, in the office; or 14
(b) any period, or all periods, when the Electoral Commissioner is 15
absent from duty, or cannot, for another reason, perform the 16
duties of office.'. 17
3. Section 28-- 18
omit, insert-- 19
`Acting Deputy Electoral Commissioner 20
`28. The Governor in Council may appoint a person, who is eligible for 21
appointment as Deputy Electoral Commissioner, to act as Deputy Electoral 22
45 Section 183 (References to Commonwealth Electoral Act) changes the meaning
of this defined term in Part 7 and the Schedule.
73
Electoral Amendment
SCHEDULE (continued)
Commissioner during-- 1
(a) any vacancy, or all vacancies, in the office; or 2
(b) any period, or all periods, when the Deputy Electoral 3
Commissioner is absent from duty, or cannot, for another reason, 4
perform the duties of the office.'. 5
4. Section 70(4)(a)-- 6
omit, insert-- 7
`(a) state a name for the political party; and'. 8
5. Section 119(4)(c), `(2)(c)'-- 9
omit, insert-- 10
`(3)(c)'. 11
6. Section 119(4)(d), `116(3)'-- 12
omit, insert-- 13
`section 116(3)'. 14
7. Section 119(10), `(8)'-- 15
omit, insert-- 16
`(9)'. 17
8. Section 119(15), `Part 7'-- 18
omit, insert-- 19
`Part 8'. 20
74
Electoral Amendment
SCHEDULE (continued)
9. Parts 7 to 9-- 1
renumber as Parts 8 to 10. 2
10. Part 10-- 3
renumber as Part 12. 4
5
© State of Queensland 1994
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