Election Funding, Expenditure and Disclosures Amendment Bill 2011

  • Assented on 21/02/2012 - Act No 1 of 2012 (GG No. 21, 24/02/2012, p. 506).

Long Title

An Act to amend the Election Funding, Expenditure and Disclosures Act 1981 in relation to caps on electoral communication expenditure and prohibitions on political donations

Explanatory Notes

Overview of Bill
The object of this Bill is to amend the Election Funding, Expenditure and
Disclosures Act 1981:
(a) to provide that electoral communication expenditure incurred by a party for a
State election campaign is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral communication expenditure incurred by an affiliated organisation exceed the applicable cap for the party, and
(b) to prohibit political donations from corporations or other entities.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed by proclamation.
Schedule 1 Principal amendments to Election
Funding, Expenditure and Disclosures
Act 1981 No 78
Schedule 1 [1] provides that electoral communication expenditure incurred by a party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral communication expenditure incurred by an affiliated organisation exceed the applicable cap for the party. The applicable cap for the party is both the overall cap (generally $100,000 multiplied by the number of Assembly electorates contested) and the separate cap for expenditure in each electorate ($50,000). An affiliated organisation of a party means a body or other organisation, whether incorporated or unincorporated, that is authorised under the rules of that party to appoint delegates to the governing body of that party or to participate in pre-selection of candidates for that party (or both).
Schedule 1 [2] prohibits political donations from corporations or other entities so
that political donations may only be made by individuals on the electoral roll. An offence is committed under section 96I of the Act if a donation from a corporation or other entity is accepted, if an individual makes a political donation on behalf of a corporation or an entity or if a corporation or other entity makes a gift to an individual for the purpose of the individual making a political donation. As a result of the amendments, it will be unlawful for a corporation or other entity (including an industrial organisation) to pay annual or other subscriptions to a party for affiliation with the party. The prohibition will not extend to transfers between branches of parties or between associated parties.
Schedule 2 Consequential amendments to Election
Funding, Expenditure and Disclosures
Act 1981 No 78
Schedule 2 [1]–[9] are minor amendments consequent on the prohibition on political donations from corporations and other entities made by Schedule 1 [2]. Schedule 2 [10] makes it clear that a person cannot be punished twice for an offence under the Act that constitutes a breach of the proposed prohibition on political donations by corporations and a breach of the existing prohibition on political donations by property developers and tobacco and liquor or gambling industry business entities, their directors and other associates.
Schedule 2 [11] enables savings and transitional regulations to be made as a consequence of the proposed Act. Schedule 2 [12] contains transitional provisions. The prohibition on political donations from corporations will apply to political donations made after the commencement of the proposed Act. The amendment relating to the aggregation of expenditure of parties and affiliated organisations will apply to elections held after the commencement of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

Digest

See Digest 5 of 2011, dated 11/10/2011 for an examination of this Bill by the Legislation Review Committee.

Agreement in Principle/Second Reading Speeches

To download, click the PDF icon(s) below.

Legislative Assembly Minister's
"Agreement in Principle" Speech
Legislative Council Minister's 2R Speech
ELECTION FUNDING.pdf Election Funding - LC 2nd Read.pdf

Amendments for Consideration

Legislative Assembly Legislative Council
c2011-086A
c2011-094A
c2011-091A
c2011-085C
C2011-090C
C2012-004A
C2011-088H
C2012-008B
c2012-008
c2011-086D
c2012-012
c2012-013
c2012-014
c2012-007B

Amendments Agreed To

Legislative Assembly Legislative Council
Amdts agreed

Tracking through the Houses

  • Initially introduced in the Legislative Assembly
Legislative Assembly: Legislative Council:
  • Member with Carriage: O'Farrell, Barry
  • Notice of Motion: Thu 23 Jun 2011
  • Introduced: Mon 12 Sep 2011
  • "Agreement in Principle" Speech: Mon 12 Sep 2011
  • Agreed to in Principle LA: Wed 12 Oct 2011
  • Considered in Detail: Wed 12 Oct 2011
  • Date Declared by Speaker without amendment: Wed 12 Oct 2011
  • Member with Carriage: Gallacher, Michael
  • Introduced: Wed 12 Oct 2011
  • First Reading: Wed 12 Oct 2011
  • Minister's 2R Speech: Wed 15 Feb 2012
  • Second Reading: Wed 15 Feb 2012
  • Date Committed: Wed 15 February 2012
  • Reported with an amdt: 16/02/2012 am
  • Report Adopted: Thu 16 Feb 2012 am
  • Third Reading: Thu 16 Feb 2012 am
  • Date Passed with an amdt: Thu 16 Feb 2012 am
  • Returned to LA: Thu 16 Feb 2012 am
  • LA agrees with amendment: Thu 16 Feb 2012
  • Passed Parliament: Thu 16 Feb 2012

Text of Bill as passed by both Houses

b2011-013-d13-House.pdf

Assent

  • Assented: Tue 21 Feb 2012