The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) Bill 2024
The Bill under consideration … would provide greater certainty in approval conditions for project proponents. Such certainty is essential for investor confidence, particularly in capital intensive industries involving multi-decade investments such as the natural gas industry.
Challenges in the form of reconsideration requests will continue to cause delays and uncertainties for proponents, investors and the community if deficiencies in the Act are not addressed.
Santos supports the Bill.
Santos supports any reform which will bring clarity and greater investment confidence to the approvals regime.
The proposed changes in the Bill will substantially improve regulatory certainty for investors in projects that require environmental approvals, increase investment overall and directly assist the government's efforts to promote expansion of, and investment in, the plantation forestry sector.
One of the key criticisms of the existing EPBC Act is the lack of certainty provided to proponents in pursuing a decision via the process. When multi-million and multi-billion-dollar investments, supporting thousands of direct and indirect jobs, are being developed and delivered there must be certainty in process and approvals.
The recently highlighted ability under the existing Act for third parties to challenge an approval, years after it has been given, has the potential to undermine investor confidence in any project that may have an interaction with the EPBC Act. Decisions under the Act range from renewable energy projects to mining, to housing supply—
and tourism, and to agriculture and aquaculture.
The rationale for this is clear as investors need certainty that a planning approval … is final and will not be overturned as they continue to invest in developing, and then constructing, the project.
… … …
… the Bill would be a worthwhile reform and improvement to the current open-ended EPBC appeal process.
That the question be now put.
The Senate divided. [10:04]
(The President—Senator Lines)
That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter—namely, a motion to give precedence to a motion relating to the discharge of bills from the Notice Paper .
That the question be now put.
The Senate divided. [10:35]
(The Acting Deputy President—Senator Sterle)
That General Business Notice of Motion No. 785 relating to the discharge of the Agriculture (Biosecurity Protection) Levies Bill 2024 and related bills be called on immediately and be determined without amendment.
That—
(a) the Senate notes that:
(i) the Albanese Government has presided over a period of record-high cost-of-living pressures,
(ii) the Biosecurity Protection Levy proposed by the Albanese Government is a new tax on Australian farmers and would force them to pay for the biosecurity risks of their international competitors to import products into Australia,
(iii) Australian farmers already contribute significantly to biosecurity measures through their existing industry-led agricultural levies and by measures that they undertake on their properties,
(iv) under the Albanese Government the price of food has risen by 12% and this new tax on agriculture would ultimately lead to higher grocery prices, and
(v) since being received by the Senate, the Agriculture (Biosecurity Protection) Levies Bill 2024 and related bills have been left on the Notice Paper without any debate for more than 320 days;
(b) the Senate calls on the Albanese Government to abandon its plan to impose additional biosecurity levies and charges on Australian agriculture; and
(c) the government business order of the day relating to the Agriculture (Biosecurity Protection) Levies Bill 2024 and related bills be discharged from the Notice Paper .
The Senate divided. [10:47]
(The Acting Deputy President—Senator Sterle)
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
(1)—Schedule 4, page 48 (after line 4), after item 5, insert:
5A At the end of section 237
Add:
Registrar in each State, in the Australian Capital Territory and in the Northern Territory
(3) The Principal Registrar must ensure that at least one registrar is appointed in each State, in the Australian Capital Territory and in the Northern Territory.
5B Section 243
Repeal the section, substitute:
243 Registries
The Minister must cause such registries of the Tribunal to be established as the Minister thinks fit, but so that at least one registry shall be established in each State, in the Australian Capital Territory and in the Northern Territory.
(1) Schedule 4, page 48 (after line 4), after item 5, insert:
5A At the end of section 237
Add:
Registrar in each State, in the Australian Capital Territory and in the Northern Territory
(3) The Principal Registrar must ensure that at least one registrar is appointed in each State, in the Australian Capital Territory and in the Northern Territory.
5B Section 243
Repeal the section, substitute:
243 Registries
The Minister must cause such registries of the Tribunal to be established as the Minister thinks fit, but so that at least one registry shall be established in each State, in the Australian Capital Territory and in the Northern Territory.
(1)—Clause 2, page 4 (at the end of the table), add:
(2)—Page 49 (after line 17), at the end of the bill, add:
Schedule 6 — Reconsideration of IAA decisions
1 Definitions
In this Schedule:
ART means the Administrative Review Tribunal.
IAA means the Immigration Assessment Authority, as in existence before the transition time.
Minister means the Minister administering theMigration Act 1958 .
new Act means theAdministrative Review Tribunal Act 2024 .
transition time means the time the new Act commences.
2 Reconsideration of decisions on protection visa applications
(1) Subitem (2) applies if, at any time before the transition time:
(a) a person applied for a protection visa (within the meaning of the Migration Act 1958 ); and
(b) a decision (the original decision ) under section 65 of that Act on the person's application had been made to refuse to grant the visa to the person; and
(c) the IAA reviewed and affirmed the original decision; and
(d) the person has not been granted a protection visa since the original decision was made.
(2) The Minister must:
(a) refer the original decision to the ART as soon as practicable after the commencement of this item; and
(b) notify the person in writing that the Minister as referred the original decision.
(3) If the person requests the Minister to withdraw the referral, the Minister must withdraw the referral.
(4) If the Minister refers an original decision to the ART under subitem (2), and the referral is not withdrawn on request of the person:
(a) the person is taken to have made an application to the ART under section 347 of the Migration Act 1958 (as amended by Schedule 2 to theAdministrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 ) for a review of a reviewable protection decision; and
(b) the application is taken to have been properly made under sections 347 and 347A of the Migration Act 1958 (as amended by Schedule 2 to theAdministrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 ).
(5) The ART must, as soon as practicable after receiving the referral, review the original decision and:
(a) affirm the original decision; or
(b) remit the original decision for reconsideration in accordance with such directions or recommendations of the ART as the ART considers appropriate.
(6) In reviewing the original decision, the ART must:
(a) give the person a reasonable opportunity to provide additional information in relation to the original decision; and
(b) disregard the decision made by the IAA to affirm the original decision.
3 Effect of this Schedule
This Schedule has effect despite any other law of the Commonwealth.
4 Rules
(1) The Minister administering the Administrative Review Tribunal Act 2024 may, by legislative instrument, make rules prescribing matters relating to the review by the ART of decisions covered by subitem 2(1).
(2) Without limiting subitem (1) of this item, rules made for the purposes of that subitem may modify the operation of this Schedule or the new Act, to the extent that the modification is necessary to facilitate the review by the ART of the decisions covered by subitem 2(1).
The committee divided. [11:22]
(The Temporary Chair—Senator Cox)
That this bill be now read a third time.
Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024
At the end of the motion, add "but the Senate,
(a) notes that there remains concern about aspects of the operation of this bill and, in particular, the rigid nature of the Statement of Principles used in determining claims for liability for injuries, diseases and deaths made by veterans; and
(b) calls on the Government to cause a review to be undertaken by the Senate Foreign Affairs, Defence and Trade Legislation Committee, and in consultation with relevant stakeholders, into:
(i) whether the Statement of Principles are fit for purpose in ensuring that every veteran receives just and timely support,
(ii) the functions of the Repatriation Medical Authority, and
(iii) whether further changes are needed to relevant legislation, policy, procedures or guidelines to improve outcomes for veterans with unique or unusual circumstances".
… the proposed changes to the legislation actually is not intended to alleviate suicidal ideation but rather tries to address issues that the Government and the Bureaucracy has with the legislation. This 'Simplification' is for the purpose of administration and not for the benefit of the Veterans and their families.
The first thing that needs to be done is to include veteran families and to remove archaic language which perpetuates power dynamics and isn't consistent with contemporary standards. Language like 'wholly dependent partner', 'dependents' and 'attendants' no longer meets community expectations and devalues the role of veteran families. If the Bill were to include amendments to the Military Rehabilitation and Compensation Act 2004 (MRCA) to replace this language with the words 'veteran families' or 'families of veterans' then the Act too would need to define them …
… the APPVA is concerned that a legislative limitation on the definition of a veteran, risks recreating the historical problems created by differentiating between different classes of veterans, even when these veterans served side-by-side on the same operation. If this issue remains unaddressed, the government will simply recreate the policy complexity, inter-veteran tensions, administrative intransigence, and poor outcomes that have adversely impacted veterans' support arrangements for decades.
Risk and protective factors interact in complex and unpredictable ways in people's lives. Similarly, exposure to known risk factors for suicide and suicidality does not affect everyone in the same way.
Superannuation (Better Targeted Superannuation Concessions) Imposition Bill 2023
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today.
That the Senate take note of the answer given by the Minister for Employment and Workplace Relations (Senator Watt) to a question without notice I asked today in relation to migration.
That the Senate take note of the answer given by the Minister for Emergency Management (Senator McAllister) to a question without notice asked by Senator Cox today in relation to Murujuga.
That the Senate records its sadness at the death, on 28 November 2024, of the Honourable Thomas (Tom) Eyre Forrest Hughes AO KC, former Attorney-General and Member for Parkes and Berowra, places on record its gratitude for his service to the Parliament and the nation, and tenders its sympathy to his family in their bereavement.
It takes considerable effort to fill a century of life to capacity, yet Tom Hughes certainly managed it. In his 101 years, he gave us many remarkable chapters, each revealing another aspect of a man of wit, intellect, courage, conviction and curiosity.
Quickly adapting from the formality of the courtroom to speaking from the back of a truck near Campsie Railway Station, he fought a vigorous campaign and claimed this highly marginal seat for the Menzies government
Preparing and appearing with Tom was a privilege and wonderful education for any junior barrister …
… … …
Tom Hughes was a wonderful man, of large spirit, great style and a true patriot.
Tom Hughes served his nation, in times of war and peace, with distinction, he served his clients with determination and his opponents with the utmost respect.
He is a legendary figure who embodies the public's perception of the great advocate: dashing, dominating … and handsome … By any reckoning, he ranks as one of the greatest barristers the Australian legal profession has produced.
It is one thing to disapprove on moral grounds of homosexual connection in a private place between consenting adults. It is another thing to permit such disapproval to drive one to the conclusion that conduct of that description should be classified as criminal.
That the following matter be referred to the Economics References Committee for inquiry and report by the first sitting day in September 2025:
Micro-competition opportunities in the Australian economy in relation to e-conveyancing.
Migration Amendment (Restoring Medevac) Bill 2025
That the following bill be introduced:
A Bill for an Act to amend the Migration Act 1958 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Migration Amendment (Restoring Medevac) Bill 2025 will bring back the Medevac legislation that saved lives when it was active in 2019.
This Bill would replicate what occurred in 2019, when people held in Papua New Guinea and Nauru, and their families, were transferred to Australia for medical care when assessed by two or more doctors as requiring treatment.
This bill replicates the intent of the Migration Amendment (Urgent Medical Treatment) Bill 2018 proposed MPs Kerryn Phelps, Andrew Wilkie, Adam Bandt, Julia Banks and Rebekha Sharkie as well as Senators Nick McKim and Tim Storer's amendment to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018.
This legislation was known as 'Medevac' and was supported by members of the crossbench, the Australian Labor Party and Greens.
I thank all involved in creating the initial bills for this 2025 bill.
The 2018 Medevac amendments were unfortunately repealed in December 2019 under the Migration Amendment (Repairing Medical Transfers) 2019.
When 'Medevac' was in place 192 people were transferred to Australia and received urgent, often-lifesaving, medical treatment.
Since the repeal in 2019 people seeking asylum held in PNG and Nauru have been unable to access adequate medical treatment. There are currently nearly 100 people seeking asylum held on Nauru and around 40 in PNG who have been denied permanent resettlement for over a decade. Many are in desperate medical condition, too often as a direct result of the cruel treatment they have suffered under the offshore detention regime.
Offshore detention emerged during a period of toxic politics that saw a race to the bottom on how to treat people seeking asylum. As a consequence, people who came to Australia seeking safety and to rebuild their lives were forced, coerced and deceived into going to so called 'regional processing countries.'
While the agreement with Nauru endures, there is no current agreement with PNG, despite Australia still being responsible for the refugees held there and continuing to be actively engaged with the PNG Government regarding them.
In January 2025 the UN Human Rights Committee ruled that Australia remained responsible for the arbitrary detention of people seeking asylum who are redirected or transferred to offshore detention facilities, in two cases brought forward by people held on Nauru.
This confirms what the Government has been told for years, going back to Medevac was last in place in 2019 when the Australian Human Rights Commission said: "Transferring asylum seekers to third countries does not release Australia from its obligations under international human rights law." . .This bill applies to all people transferred to a regional processing country when an agreement was active. It also applies to those still held in PNG who were forcibly relocated there from Australia. As much as the Australian Government may wish it not to be true, they have a clear legal and moral responsibility to the people who were in Australia seeking safety and the Government chose to remove.
When this bill last passed, the Labor Party supported it. Now they are in government they seem to have forgotten this policy. I urge Labor to support this bill again. Do not let the fear and division of the last few years, indeed the last few weeks, win.
It is well known that the medical treatment provided to refugees and people seeking asylum in regional processing countries is often grossly inadequate.
When Doctors Without Borders published their 2018 report on the medical conditions in Nauru, they found widespread mental and physical illness. One particularly disturbing rare psychiatric condition they saw in people held offshore was called Resignation Syndrome, which one in every four children had. Professor Louise Newman of the University of Melbourne described the syndrome as follows:
"Children may stop talking and isolate themselves in bed; they may also stop eating and drinking. The most serious stage of the disorder is when children enter a state of profound withdrawal and are unconscious or in a comatose state.
"This comatose state appears to be a state of 'hibernation' in response to an intolerable reality. They are unresponsive, even to pain. They appear floppy, without normal reflexes, and require total care, including feeding and intravenous fluids, as otherwise, they risk kidney failure and death from complications caused by immobility, malnutrition and dehydration. This is a life-threatening condition needing high-level medical care."
The conditions in these facilities were so bad that children entered into a coma to endure it. People are still held in these, or similar, conditions today.
More recent reporting from the Asylum Seeker Resource Centre found that every single person currently held on PNG was ill, with one in 5 being so unwell their lives are at imminent risk. On top of that not one single person they spoke to could access adequate medical support.
I know this to be true, because at the end of last year I travelled to PNG to meet with those held there after a decade. What I saw should shame every person in this place. People with futures taken from them, for no other reason than seeking safety at a time that was political inconvenient for some here.
I want to relay just one story that I was told, of someone who needed to be evacuated for medical treatment. He was approved under Medevac at the same time as five others. On the day his plane was meant to take off all four of his friends approved for transfer came to Australia for essential treatment. They got the medical care they needed. But no one told him when his flight was, so he missed it. . .When he secured another flight, he went to the airport. While he was sitting in the airport, waiting for medical treatment to address his chronic pain the Medevac Bill was repealed. He was not allowed to get on the plane. Five years later that man is still in PNG, still without treatment, still in pain.
That is the image I want everyone to have when you vote on this bill. A man who fled the country where he was born because he might be killed. Came to Australia to seek safety and build a life. But instead was taken away in the middle of the night and forcibly held in a detention centre where he watched his friends die. Became ill because of the horrors the Australian Government put him through. And when there was a glimmer of hope, of fairness, a slim chance that at least some of his pain would be eased, he was left there alone watching the plane he should have been on take-off, watching that slither of justice disappear.
Because of decisions made here.
That is what this bill is, a slim sunbeam of hope. Hope not just for those people who have been denied a decade of their lives and basic dignity. But hope for us too. That we can be a better than what we are now. That the cruelty we have inflicted does not need to continue. I worry that if we do not take a stand against this hatred and division, then it will spread and take deeper root in our society.
I urge everyone to support this bill.
Lobbying (Improving Government Honesty and Trust) Bill 2025
That the following bill be introduced: A Bill for an Act to establish a scheme to promote and enhance transparency, integrity and honesty in dealings between lobbyists and Government representatives, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
It is my privilege to introduce theLobbying (Improving Government Honesty and Trust) Bill 2025into the Senate.
In doing so, I would like to acknowledge Dr Monique Ryan MP, the independent Member for Kooyong, who drafted an earlier version of this Bill and introduced it into the House of Representatives on 18 November 2024.
This Bill presents an opportunity for the major parties to help restore faith in our political system; to introduce regulations that will give Australians greater confidence that laws and policies are being made to benefit the public interest, not vested interests.
I have been shocked to see the influence that lobbyists can have on the trajectory of public decision-making, and how inadequate the checks and balances are to ensure that these interactions are properly scrutinised.
Lobbying is a legitimate practice. It is a way for various interest groups, such as those advocating for investment in cancer screening, to advocate for investment and attention by Government decision-makers. If lobbying is performed transparently and ethically, it can assist governments—and the Parliament—to identify gaps and ultimately craft policies that benefit Australians.
However, without any guardrails or transparency, there is no counterbalance to ensure that policies don't favour particular groups at the expense of the public interest. Worse still, when lobbying is performed out of sight, as is so often the case now, it erodes trust in our political system, leaving Australians feeling like the very people they elect to serve them are serving the interests of those with enough money to hire people to walk the halls of Parliament.
I have seen the real consequences of this; of Australians who feel little more than apathy toward our political system, who feel there is no point in engaging with politics because their voice will never be as loud as those who can afford to employ a lobbyist or attend a fundraising dinner.
This is a terrible outcome for our democracy and something we need to urgently repair. Transparency can be the antidote.
Australia's weak lobbying laws
As it stands, the rules that govern the conduct of lobbyists in this building and their interactions with Government decision-makers are so weak that they might not as well exist.
Currently, the only infrastructure we have to ensure integrity around lobbying activities is a largely voluntary Code of Conduct applying to people who register on the Lobbyist Register.
The first issue is that the obligation to register doesn't apply to the vast majority of lobbyists that come to Canberra each sitting fortnight.
The Lobbying Code of Conduct (the Code) applies only to third-party lobbyists, that is, professionals who lobby on behalf of other companies or interest groups. This means that people who work in-house as "Government relations advisers" for, say, Qantas, the Minerals Council or Santos, are not captured by the Code and don't have to abide by any formal code of ethics.
As Dr Ryan said in the House of Representatives: "So it applies only to 20 per cent of the lobbyists roaming our corridors, knocking on our doors, seeking to influence our decisions. The other 80 per cent — who knows?"
The second issue is that the obligation to register isn't really an obligation. There is nothing that mandates that lobbyists register in the first place—and no penalty if they lobby while not on the register.
The breaches are also woefully inadequate. For even the most serious of breaches, for example, if a lobbyist were to lie or threaten a Government representative, the main sanction the Government can apply is a three-month break from lobbying.
Finally, while there may be some transparency around who lobbyists are, there is no transparency about who they are meeting with in the Government and what they are meeting about.
The current Code and Register amount to little more than window dressing; a nod to integrity without actually doing anything to promote integrity or transparency in Government decision-making.
The reforms introduced in this Bill
This Bill introduces several critical reforms to strengthen our lobbying laws and enhance transparency.
Firstly, it expands the definition of lobbyists to capture in-house lobbyists, industry associations and consultants who have direct access to decision makers, ensuring that everyone who lobbies the Government is held to a code of ethics and can be penalised for breaches.
The Bill also legislates the Lobbying Code of Conduct and introduces stronger penalties for breaches, so that it is no longer a voluntary code with no teeth.
It will require lobbyists to submit online quarterly returns, so the Australian public can see who they have been meeting with, for how long, where and why. At the same time, it establishes a requirement for ministers to publicly disclose their diaries, so the Australian public can compare, cross-check and verify that each party is disclosing accurate information.
The Australian public has a right to know whether key policy decisions are being shaped by the voices of ordinary Australians or by a select group of lobbyists with privileged access. Making ministerial diaries public would shine a light on these interactions and ensure that the Government remains accountable to the people it serves.
It provides the National Anti-Corruption Commissioner with the authority to oversee lobbying activities and investigate breaches of the Code.
Finally, but I believe most importantly, the Bill will prohibit ministers and their senior staff from moving into plum lobbying gigs after they cease employment in Government for a period of three years.
This revolving door between Government and industry is toxic to good governance. When ministers and staff leave public office, they should not be able to use their insider knowledge for personal gain or the commercial benefit of their new employer—and they shouldn't be making decisions prior to leaving office which may advance their employer-to-be.
Almost every resources minister we have had in recent memory has left the Government to work in the resources sector, which may go some way to explaining why Australia receives a dud deal on the export of its gas. It's notable that at least one former communications minister, responsible for regulating online gambling, moved onto work for the online gambling industry's peak body after leaving Government.
Critics of reform will argue that this Bill would place an unnecessary burden on Government officials and businesses engaging with policy-makers. However, transparency is not a burden—it is a fundamental obligation of any democratic government. Ultimately, compliance with a legislated Code is a small price to pay if more Australians feel they can trust that their Government is making decisions in the public interest.
Australia is lagging behind other democracies when it comes to lobbying transparency. Countries such as Canada and the United Kingdom have far stricter regulations, including real-time public reporting of lobbying activities and independent regulators that actively enforce the rules. We should not settle for a system that is weaker than those of our democratic peers.
The need for reform is not new. Calls to strengthen lobbying laws have been made repeatedly, yet successive governments have failed to take meaningful action.
As I outlined in my dissenting report to the Senate inquiry into lobbyist access to Parliament House: "The response to this inquiry shouldn't be another inquiry, it should be real action to fix a broken system sitting at the heart of our democracy".
We cannot allow inertia to continue. Australians deserve a system where policy decisions are made in the open, where the public can see who is meeting with their representatives, and where Government officials are held to the highest standards of integrity.
This Bill provides an infrastructure that allows Australians to scrutinise lobbying activities and decide for themselves whether lobbying activities are having too great an influence over the formation of our national policies.
This Bill would allow Australians to look and see for themselves, in near real-time, at the actions of lobbyists. I urge my fellow Senators to support this legislation and take decisive action to reform our lobbying laws. The Australian people deserve nothing less.
That the Senate—
(a) notes that the response to order for the production of documents no. 742, relating to the National Capital Investment Framework, was due on Tuesday, 11 February 2025 and that the Minister representing the Prime Minister has failed to comply with the order; and
(b) requires the Minister representing the Prime Minister to comply with the order by no later than 3 pm on Thursday, 13 February 2025.
Tertiary Education Legislation Amendment (There For Education, Not Profit) Bill 2025
That the Tertiary Education Legislation Amendment (There For Education, Not Profit) Bill 2025 be referred to the Education and Employment Legislation Committee for inquiry and report by 1 August 2025.
Remuneration Tribunal Amendment (There For Public Service, Not Profit) Bill 2025
That the Remuneration Tribunal Amendment (There For Public Service, Not Profit) Bill 2025 be referred to the Finance and Public Administration Legislation Committee for inquiry and report by 1 August 2025.
That there be laid on the table by the Minister representing the Assistant Treasurer, by no later than midday on Thursday, 13 February 2025, the following documents:
(a) internal departmental reports or memoranda discussing the feasibility, risks and legislative considerations of any proposed legislation to ban genetic testing in life insurance;
(b) any drafts of the proposed legislation as it currently stands;
(c) documents held by the Assistant Treasurer or Treasury, or communications between the Assistant Treasurer, his staff, Treasury and any other political office or person, in the period after 11 September 2024, pertaining to:
(i) the issues that necessitated further consultation before the legislation could be drafted, and when those issues were first considered, and
(ii) when the Government set its intention to only consult on the design of the legislation in Q1 2025, rather than to introduce legislation before the election; and
(d) any correspondence between government agencies and stakeholders in relation to this proposed legislation with regard to why, after stating in Parliament on 11 September 2024, the Assistant Treasurer committed to legislating a ban on the use of predictive genetic tests when Australians are attempting to access life insurance products.
Constitution Alteration (Right to Free Speech) 2025
That the following bill be introduced: A Bill for an Act to alter the Constitution to expressly protect freedom of speech.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
I am pleased to introduce the Constitution Alteration (Right to Free Speech) 2025, the purpose of which is to enshrine freedom of speech within the Australian Constitution.
The proposed alteration will insert a new Chapter IIIA and section 80A in the Commonwealth of Australia Constitution Act 1900. The new section will provide that the Commonwealth or a State must not make any law that limits the freedom of speech, including freedom of the press and other media.
This Bill is urgently needed and will provide protection of a right that Australians assume they already have.
That assumption is increasingly dangerous.
While freedom of speech in this country is generally assumed, it is not guaranteed. Indeed, it is under perilous threat right now.
Over the past decade the right of Australians to say what they think has increasingly come under attack.
While Australian parliaments have made no effort to protect speech, they have passed laws—at state and federal level—to restrict freedom of speech.
We are now at a point in this country where it is dangerous to openly say things that most people privately believe.
It's a brave person, for example, who opines in public that men cannot become women.
Is that really the kind of country we want to live in? A country in which stating simple biological truths puts a person in danger of being dragged before a tribunal to be interrogated for their words.
It is time to provide a constitutional right for all Australians to say what they truly think.
The Western world became prosperous by allowing, rather than censuring debate.
Free speech is not a thing to be feared. It's a thing which should be embraced.
Free speech is not something to protect people from, it's something to be encouraged.
The enlightenment was built on the ability of people to say what they honestly thought, even if it went against established norms.
Indeed, it was the ability to challenge norms that made progress possible.
But we now risk going backwards into a new dark age of restricted speech, where certain ideas—held sacrosanct by those in power—are beyond challenging. This bodes well for nobody.
Without speech there is no expression of thought, it is no exaggeration to say that if people are not able to speak freely then they are not able to think freely.
And that is the key issue here. Freedom of thought supposes freedom of speech. The two are indelibly linked.
What good are all the other freedoms if people are not free to think independently of the state and to express those thoughts?
Australia lacks, at a national level, entrenched protections of freedom of speech. Our role as elected representatives should be to provide and sustain that right.
This bill, if successful will give the Australian people the power to vote in a referendum and determine just how important freedom of speech is to them.
I believe the people will vote overwhelmingly in favour of free speech, because Australians may disagree on many issues, but we believe in a fair go and the right of everyone to voice their opinion without fear or favour.
Our proposed alteration to the Constitution will protect freedom of expression along similar lines to the First Amendment of the Constitution of the United States of America which provides that the Congress "shall make no law... abridging the freedom of speech, or of the press".
The Australian Constitution already provides some express protection against legislative action by the Commonwealth. Section 116 says that the Parliament "shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion...".
In a similar way, our proposed protection for freedom of speech would reflect the assumption of all Australians that people have the right to express their thoughts with confidence and without fear of censure.
Moreover, it would put a brake on efforts to supress freedom of speech that are, shockingly, becoming more and more common around the Western world including here in Australia.
There shouldn't be a single Senator in this chamber who would say they were against freedom of speech.
There shouldn't be a single Senator in this chamber who would say to their constituents, I want to make it more difficult for you and your family to express your opinions.
We came to Canberra not to oppress our constituents but to defend and ensure their freedoms. This bill does that. And it is long overdue.
I commend this Bill to the Senate.
That there be laid on the table by the Minister representing the Treasurer, by no later than 9 am on Thursday, 13 February 2025, any communications or documents within Housing Australia in relation to the Government's housing targets from 1 July 2024.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Thursday, 13 February 2025, all documents that relate to the usage of availability payments in relation to the announcement made by Housing Australia on 31 January 2025, titled 'Housing Australia to fund over 800 homes under the Housing Australia Future Fund Facility and National Housing Accord Facility'.
That the Senate—
(a) notes that:
(i) order for the production of documents no. 751, agreed to by the Senate on 5 February 2025, required the Minister representing the Treasurer to table documents relating to the Coalition's simpler meal tax deduction for small businesses policy or similar policies, and
(ii) the Treasurer, in his response to the order, did not make any claim of public interest immunity, but simply said he will respond 'as soon as practicable'; and
(b) requires the Minister representing the Treasurer to comply with the order by no later than midday on 13 February 2025.
That—
(a) the Electoral Legislation Amendment (Electoral Reform) Bill 2024 be divided into two bills and amended, in accordance with the amendments on sheet 3248, to create two bills as follows:
(i) Electoral Legislation Amendment (Electoral Reform) Bill 2024—containing Schedules 1, 2, 5, 6 and 8 to 11, and
(ii) Electoral Legislation Amendment (Caps and Funding) Bill 2025—containing Schedules 3, 4 and 7;
(b) the bills be printed; and
(c) the Electoral Legislation Amendment (Caps and Funding) Bill 2025 be referred to the Finance and Public Administration Legislation Committee for inquiry and report by 23 May 2025.
The Senate divided. [16:22]
(The President—Senator Lines)
That—
(a) the Senate notes that the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government (the minister) has failed to comply with order for the production of documents no. 756, agreed to on 6 February 2025, relating to Rex Airlines, and a further order to comply as agreed to on 11 February 2025;
(b) the minister attend the chamber at 12.15 pm on Thursday, 13 February 2025, to provide an explanation;
(c) any senator may move to take note of the explanation required by paragraph (b); and
(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [16:28]
(The President—Senator Lines)
That—
(a) the Senate notes that the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government (the minister) has failed to comply with order for the production of documents no. 761, agreed to on 6 February 2025, relating to the Stronger Communities Program, and a further order to comply as agreed on 11 February 2025;
(b) the minister attend the chamber at 12.15 pm on Thursday, 13 February 2025 to provide an explanation;
(c) any senator may move to take note of the explanation required by paragraph (b); and
(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [16:32]
(The President—Senator Lines)
That—
(a) the Senate notes that the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government (the minister) has failed to comply with order for the production of documents no. 762, agreed to on 6 February 2025, relating to Federation Funding Agreements, and a further order to comply as agreed on 11 February 2025;
(b) the minister attend the chamber at 12.15 pm on Thursday ,13 February 2025 to provide an explanation;
(c) any senator may move to take note of the explanation required by paragraph (b); and
(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [16:35]
(The President—Senator Lines)
That the Senate—
(a) notes that:
(i) on 6 February 2025, the Senate agreed to order for the production of documents no. 760, relating to access to documents dealing with Australian content quotas and/or or associated models between the office of the Minister for the Arts and 9 commercial entities, and
(ii) to date the Government has refused to comply with the order and has advanced unacceptable public interest immunity claims; and
(b) requires the Minister representing the Minister for the Arts to attend the Senate after question time on Thursday, 13 February 2025, to provide an explanation, of no more than 5 minutes, for the failure to comply with the order and the misuse of a public interest immunity claim, and that:
(i) any senator may move to take note of the explanation, and
(ii) any such motion may be debated for no longer than 30 minutes, have precedence over all business until determined, and senators may speak to the motion for not more than 5 minutes each.
The Senate divided. [16:40]
(The President—Senator Lines)
That—
(a) the Senate notes that:
(i) on 3 October 2024, questions on notice nos 3633 to 3679 were submitted, requesting that ministers of all portfolios provide specific information relating to the use of non-disclosure agreements (NDAs) in this term of Parliament,
(ii) a number of ministers responded to questions with identical answers stating that 'governments of all persuasions have used NDAs from time to time to assist in the development of policies and legislative proposals' and multiple others responded that they did not keep 'centralised records',
(iii) the answers to the questions provided by the ministers did not provide the information sought by the questions, and
(iv) order for the production of documents no. 728, requiring revised answers to be provided by 7 February 2025, has not been complied with; and
(b) if order for production of documents no. 728, has not been complied with by midday on 13 February 2025, the Senate requires the Minister representing the Prime Minister to attend the Senate at the conclusion of motions to take note of answers on 13 February 2025 to provide an explanation, of no more than 5 minutes, of why the answers have not been provided, and that:
(i) any senator may move to take note of the explanation, and
(ii) the motion may be debated for no longer than 30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
Paragraph (b), omit "at the conclusion of motions to take note of answers", substitute "at the conclusion of question time".
Paragraph (b), omit "at the conclusion of motions to take note of answers", substitute "at the conclusion of question time".
The Senate divided. [16:51]
(The President—Senator Lines)
The Senate divided. [16:57]
(The President—Senator Lines)
That so much of the standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter, namely a motion to allow a motion relating to the consideration of legislation to be moved and determined immediately.
That the question be now put.
The Senate divided. [17:04]
(The President—Senator Lines)
The Senate divided. [17:08]
(The President—Senator Lines)
That a motion relating to the consideration of legislation may be moved immediately and determined without amendment or debate.
That the question be now put.
The Senate divided. [17:11]
(The President—Senator Lines)
The Senate divided. [17:14]
(The President—Senator Lines)
That today:
(a) the hours of meeting be 9 am till adjournment;
(b) the following bills be called on immediately and have precedence over all other business:
(i) Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024,
(ii) Scams Prevention Framework Bill 2025,
(iii) Social Security Legislation Amendment (Technical Changes) Bill 2025,
(iv) Appropriation Bill (No. 3) 2024-2025
Appropriation Bill (No. 4) 2024-2025
Appropriation (Parliamentary Departments) Bill (No. 2) 2024-2025,
(v) Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Bill 2024, and
(vi) Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024;
(c) the questions on all remaining stages of the bills in paragraph (b) be put after a total of one hour of consideration;
(d) the Electoral Legislation Amendment (Electoral Reform) Bill 2024 then be called on and the time allotted for its consideration be as follows:
(i) second reading—one hour, and
(ii) all remaining stages—90 mins;
(e) paragraphs (c) and (d) operate as limitations of debate under standing order 142;
(f) divisions may take place after 6.30 pm until consideration of the bills has concluded; and
(g) the Senate adjourn without debate after consideration of the Electoral Legislation Amendment (Electoral Reform) Bill 2024 has concluded.
The Senate divided. [17:17]
(The President—Senator Lines)
Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024
After being alerted to the amendment, I've read through the detail and have a number of concerns with it which are as follows:
There has been no public announcement or public communication from the Department of Defence or Veterans Affairs about it, and as a result there has been no consultation with the veteran community regarding its content. This amendment proposes a significant structural change to the Defence and Veteran system in Australia. It is arguably a Bill in its own right, and ought to be treated as such. Our view is that it ought to be introduced as an amendment to the Defence Act 1903 and debated accordingly. Instead, it is being added on to the VETS Bill in order to be rushed through the parliament—
The intent of the VETS Bill is to harmonise the legislative frameworks that govern the provision of veteran entitlements and supports, it is not to make fundamental structural changes to the veteran system. That is a separate issue—
The object outlined in the amendment, "improve suicide prevention", is extremely broad, unclear, and lacks any insight into tangible work that will be done to achieve the objective. This objective requires significant work to be more specific, focusing on issues we know are challenges in the veteran community like reducing the incidents and rate of suicide among the Defence and Veteran population, and improving the effectiveness of suicide prevention initiatives within this community.
The amendment outlines that the commission only needs to provide two public reports on the status of the implementation of the Royal Commission's recommendations. This isn't good enough.
The reason the concept of the independent body outlined in the amendment received initial support from the veteran community was because for too long recommendations from previous inquiries have been shelved. 700+ recommendations which could have resulted in better health and wellbeing outcomes for veterans and their families were left to collect dust. The amendment ought to compel the commission to report annually to the Parliament, the veteran community, and the Australian public on the status of the Royal Commission's recommendations until such time as they are implemented and their effectiveness evaluated.
The amendment provides the Minister with the power to direct the Commissioner to conduct an inquiry. However, before the Commissioner reports to the Minister (at which point the report is to be tabled) the Minister may vary or withdraw the request. Does this mean the inquiry results are never made public? This point must be clarified.
The amendment outlines that the commission can inquire into the 'entire Defence ecosystem' but doesn't define what that is. With the amendment providing significant powers to the proposed commission, this must be defined understood and consulted. As it stands, the authority this commission would have could affect more than 5,000 non-profit organisations in Australia who provide support to veterans.
Veteran families once again are omitted from this amendment, other than a mention that they will be 'listened to'. The Royal Commission highlighted the important role of veteran families and the significantly implications (including related to mental health) that service and suicide have on them, yet they are excluded from the commission's remit. Will it require a Royal Commission into the ill health, wellbeing and high suicide rates amongst veteran families before they are taken seriously by their government?
The Families of Veterans Guild supports the establishment of an independent body to oversee the defence and veteran system and the implementation of the Royal Commission's recommendations. However, it fundamentally disagrees with rushing an un-consulted amendment through parliament which could have significant consequences for the system, and the communities within it.
The Guild's expectations were set by the Minister in his media release on the appointment of the interim Commissioner—
"Mr Manthorpe will head the organisation and work across government to deliver the establishment of a legislated oversight body by September 2025.
As part of the Albanese Government's response to the Royal Commission, we have committed $9.5 million of funding, as part of MYEFO, to support its implementation, including:
$5 million over two years to fund the appointment of the Interim Head of the Defence and Veterans' Service Commission, and to establish a cross-agency taskforce to provide advice to Government"—
We expected DVA and Defence to therefore consult with those who could and would be impacted by this amendment. That hasn't happened.
The Senate divided. [17:51]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) clarification is needed to ensure that no veteran will be worse off from the passage of this bill,
(ii) the bill must fully protect the rights and entitlements of veterans while ensuring there will be no reduction in any form of compensation,
(iii) improvements are needed in the navigation of government processes to ensure veterans can access the support and services they need without unnecessary obstacles,
(iv) it is essential to expedite claim processing times to reduce delays that can adversely affect veterans' financial stability and overall wellbeing,
(v) veterans are treated less favourably to those receiving support under the National Disability Insurance Scheme; and
(b) calls on the Government to ensure that:
(i) no veteran will be worse off from the passage of this bill,
(ii) all 122 recommendations from the Royal Commission into Defence and Veteran Suicide are implemented as a matter of priority,
(iii) the Department of Veterans' Affairs Medicinal Cannabis Framework is fit for purpose and aligns with current medical research and best practice to support the health and wellbeing of veterans, including for the treatment of post-traumatic stress disorders, traumatic brain injuries, chronic pain management, sleep disorders and other health conditions, with a focus on improving quality of life and facilitating return to work; and
(iv) all support and services provided by the Department of Veterans' Affairs align with the National Disability Insurance Scheme to ensure fair and equitable outcomes".
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
… the Senate is only forbidden to amend [bills imposing taxation] and the annual appropriation bill; it may amend two kinds of expenditure bills … those for permanent and extraordinary appropriations … The Senate may amend such money bills so as to reduce the total amount of expenditure or to change the method, object and destination of the expenditure, but not to increase the total expenditure originated in the House of Representatives.
SHEET ZA257
(1) Clause 2, page 2 (table item 1, column 1), omit "3", substitute "4".
(3) Schedule 2, item 93, page 104 (line 24) to page 105 (line 2), omit section 80A, substitute:
80A Whom the additional amount is payable to
(1) An additional amount under section 80 in respect of an eligible young person or child of the impaired person is payable to the person or persons determined by the Commission in accordance with an instrument made under subsection (3) of this section.
(2) If the additional amount in respect of an eligible young person or child is payable to more than one person, a proportion of the additional amount determined by the Commission in accordance with an instrument made under subsection (3) is payable to each of the persons.
Note: The sum of the amounts paid to each of the persons cannot exceed the amount that the Commonwealth is liable to pay under section 80 in respect of the eligible young person or child.
(3) The Commission may, by legislative instrument, specify criteria or other requirements for determining:
(a) the person or persons to whom an additional amount in respect of an eligible young person or child is payable; and
(b) if the additional amount is payable to more than one person—the proportion of the additional amount that is payable to each of the persons.
(4) Without limiting subsection (3), the criteria or other requirements specified may relate to the circumstances surrounding legal responsibility or other arrangements for the care of the eligible young person or child.
______
P ARLIAMENTARY COUNSEL
Statement of reasons: why certain amendments should be moved as requests
Section 53 of the Constitution is as follows:
Powers of the Houses in respect of legislation
53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Amendment (3)
The effect of this amendment is to change the persons to whom additional amounts under section 80 of the Military Rehabilitation and Compensation Act 2004 are payable.
The amendment is covered by section 53 because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004 .
______
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (3)
According to the statement of reasons for the government amendments on sheet ZA257, amendment (3) is covered by section 53 of the Constitution "because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004 ". This does not accord with the precedents of the Senate.
The third paragraph of section 53 provides that:
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
This has relevantly been taken to mean that the Senate may not amend a bill to increase the proposed expenditure under a standing appropriation. The amendment in question does not have that effect.
The amendment deals only with the apportionment of expenditure and does not change the total proposed expenditure under the standing appropriation in section 423 of the Act This is highlighted by the note to proposed subsection 80A(2), which makes it clear that the sum of amounts paid to persons cannot exceed the amount the Commonwealth is liable to pay in respect of an eligible person, which itself is a capped amount.
It is therefore in accordance with the precedents of the Senate for the amendment to be treated as an amendment, rather than a request. This is the same approach that the Senate took in relation to the Northern Australia Infrastructure Facility Bill 2016.
_____
SHEET ED101
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 324 (after line 6), at the end of the Bill, add:
Schedule 9 — Defence and Veterans' Services Commission
Part 1 — Main amendments
Defence Act 1903
1 After Part VIIID
Insert:
Part VIIIE — Defence and Veterans' Services Commission
Division 1 — Preliminary
110ZEA Objects of this Part
The object of this Part is to improve suicide prevention and wellbeing outcomes for serving and ex-serving Australian Defence Force members through the provision of independent, evidence-based advice on system reform to the Australian Government.
110ZEB Simplified outline of this Part
The Defence and Veterans' Services Commissioner conducts inquiries and reports (including with evidence-based findings and recommendations) on matters relating to systemic reform to:
(a) improve suicide prevention for serving and ex-serving Australian Defence Force members; or
(b) improve wellbeing outcomes for serving and ex-serving Australian Defence Force members.
The Commissioner may determine that an inquiry is a special inquiry if certain requirements are met, including that to do so is in the public interest. A range of additional powers are available to the Commissioner for the purposes of conducting special inquiries (see Division 3).
The Defence and Veterans' Services Commission assists the Commissioner in the performance of the Commissioner's functions under this Part. The Commission consists of the Commissioner and the staff of the Commission.
110ZEC This Part binds the Crown
(1) This Part binds the Crown in each of its capacities.
(2) However, this Part does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
110ZED This Part extends to things outside Australia
This Part extends to acts, omissions, matters and things outside Australia.
110ZEE Definitions
In this Part:
accountable authority ,of a Commonwealth entity, has the same meaning as in thePublic Governance, Performance and Accountability Act 2013.
Australian intelligence entity means:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(c) the Australian Signals Directorate; or
(d) the Office of National Intelligence; or
(e) the part of the Department known as the Australian Geospatial-Intelligence Organisation; or
(f) the part of the Department known as the Defence Intelligence Organisation.
authorised member : see subsection 110ZGJ(2).
Commonwealth body means a Commonwealth entity or a Commonwealth company.
Commonwealth company has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor-General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent).
defence member means a member of the Defence Force.
eligible Judge : see subsection 110ZLB(1).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entrusted person means:
(a) the Defence and Veterans' Services Commissioner; or
(b) a member of staff assisting the Commissioner as mentioned in section 110ZKD; or
(c) persons assisting referred to in section 110ZKE; or
(d) consultants engaged under section 110ZKF.
head , of an Australian intelligence entity, means:
(a) in relation to the Australian Security Intelligence Organisation—the Director-General of Security; or
(b) in relation to the Australian Secret Intelligence Service—the Director-General of the Australian Secret Intelligence Service; or
(c) in relation to the Australian Signals Directorate—the Director-General of the Australian Signals Directorate; or
(d) in relation to the part of the Department known as the Australian Geospatial-Intelligence Organisation—the Director of that part of the Department; or
(e) in relation to the part of the Department known as the Defence Intelligence Organisation—the Director of that part of the Department; or
(f) in relation to the Office of National Intelligence—the Director-General of National Intelligence.
Home Affairs Department means the Department administered by the Minister administering theAustralian Border Force Act 2015 .
IGIS official means:
(a) the Inspector-General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986 .
intelligence information means information:
(a) that was acquired or prepared by or on behalf of an Australian intelligence entity in connection with its functions; or
(b) that relates to the performance by an Australian intelligence entity of its functions; or
(c) that identifies a person as being, or having been, a staff member (within the meaning of the Intelligence Services Act 2001 ) or agent of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation.
Example: For paragraph (a)—information provided to an Australian intelligence entity by a foreign government or an agency of a foreign government.
Judge : see subsection 110ZLB(1).
law enforcement or security agency means any of the following agencies:
(a) the Australian Defence Force;
(b) the Australian Federal Police;
(c) the Australian Crime Commission;
(d) the Home Affairs Department;
(e) the police force of a State or Territory;
(f) any other agency prescribed by the rules for the purposes of this definition.
official , of a Commonwealth entity, has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
operationally sensitive information means:
(a) information about information sources or operational activities or methods available to a law enforcement or security agency; or
(b) information about particular operations that have been, are being or are proposed to be undertaken by a law enforcement or security agency, or about proceedings relating to those operations; or
(c) information provided by a foreign government, or by an agency of a foreign government, where that government does not consent to the public disclosure of the information.
paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).
personal information has the same meaning as in thePrivacy Act 1988 .
protected information means information (including personal information) made or obtained by an entrusted person for the purposes of this Part.
reasonable excuse means:
(a) in relation to any act or omission by a witness before the Defence and Veterans' Services Commissioner—an excuse which would excuse an act or omission of a similar nature by a witness before a court of law; or
(b) in relation to any act or omission by a person summoned as a witness before the Commissioner—an excuse which would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law; or
(c) in relation to any act or omission by a person given a notice under section 110ZGE or subsection 110ZHD(3)—an excuse which would excuse an act or omission of a similar nature by a person served with a subpoena in connection with a proceeding before a court of law.
rules means rules made under section 110ZLD.
secrecy provision means:
(a) a provision of a law of the Commonwealth that purports to prohibit; or
(b) anything done, under a provision of a law of the Commonwealth, to prohibit;
the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing.
State body means a department or authority of a State.
Territory body means a department or authority of a Territory.
use , in relation to information, includes make a record of.
veteran has the same meaning as in theAustralian Veterans' Recognition (Putting Veterans and Their Families First) Act 2019 .
Division 2 — Investigations by the Defence and Veterans' Services Commissioner
110ZFA Investigation on own initiative
(1) The Defence and Veterans' Services Commissioner may conduct research and inquire into matters relating to systemic reform to:
(a) improve suicide prevention for serving and ex-serving ADF members; or
(b) improve wellbeing outcomes for serving and ex-serving ADF members.
(2) The Commissioner may, after conducting research and inquiry under this section, report to the Minister on the outcomes of the research and inquiry (including any recommendations).
(3) A report given under subsection (2) must be given to the Minister, published and tabled in each House of the Parliament in accordance with any requirements of the rules.
110ZFB Inquiry into or advice on specific matter on request by Minister
(1) The Minister may request the Defence and Veterans' Services Commissioner:
(a) to conduct research and inquire into, and report on, a specific matter relating to systemic reform to:
(i) improve suicide prevention for serving and ex-serving ADF members; or
(ii) improve wellbeing outcomes for serving and ex-serving ADF members; or
(b) to advise on a specific matter relating to systemic reform to:
(i) improve suicide prevention for serving and ex-serving ADF members; or
(ii) improve wellbeing outcomes for serving and ex-serving ADF members.
(2) The Minister may include in such a request terms of reference (including time frames) for the report or advice.
(3) The Commissioner must comply with such a request.
(4) If such a request is made in writing, the request is not a legislative instrument.
(5) The Minister may withdraw or amend such a request at any time before the Commissioner gives the report or advice to the Minister.
110ZFC Inquiries into implementation of Defence and Veteran Suicide Royal Commission recommendations
(1) The Defence and Veterans' Services Commissioner must conduct at least 2 inquiries into the Commonwealth's implementation of the Government's response to the recommendations of the Defence and Veteran Suicide Royal Commission.
(2) An inquiry under subsection (1) must evaluate the implementation of the Government's response including:
(a) the measures and actions taken by the Commonwealth to implement the response; and
(b) the effectiveness of those measures and actions in implementing the Government's response.
(3) Reports on an inquiry under subsection (1) must:
(a) be completed no later than the period prescribed by the rules for the inquiry; and
(b) be given to the Minister, published and tabled in each House of the Parliament in accordance with any requirements of the rules.
110ZFD Hearings
(1) The Defence and Veterans' Services Commissioner may hold a hearing for the purposes of performing the Commissioner's functions.
(2) A hearing is to be held in public and the procedure for a hearing may be such as the Commissioner thinks fit.
Note: For circumstances where hearings may not be held in public, see subsections 110ZFE(1) and (2), and 110ZGQ(6).
(3) The Commissioner may issue written guidelines relating to the procedure for hearings.
Note: The rules may make provision in relation to the procedure for hearings: see section 110ZFG.
(4) Guidelines issued under subsection (3) are not a legislative instrument.
(5) The Commissioner is not bound by the rules of evidence.
(6) The Commissioner must ensure that a record of a hearing is made.
110ZFE Private hearings
Disclosure of information that is personal
(1) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Defence and Veterans' Services Commissioner is satisfied that:
(a) information relating to:
(i) a deceased person or the family, friends or associates of a deceased person; or
(ii) a defence member or veteran's lived experience with a suicide risk;
may be disclosed at a hearing; and
(b) the information is personal and private.
Disclosure of operationally sensitive information
(2) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information.
Note: See also section 110ZGG, which requires a person to give notice of likely disclosure of operationally sensitive information to the Commissioner.
Commissioner must have regard to certain matters when considering whether to hold private hearings
(3) When considering whether to hold a hearing, or part of a hearing, in private because of subsections (1) and (2), the Commissioner must have regard to:
(a) the potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ), or to the operations of a law enforcement or security agency; and
(b) whether holding the hearing in private would have a substantial adverse effect on the exercise or performance of the Commissioner's functions or powers; and
(c) if the Commissioner invites submissions—any submissions received in response; and
(d) the safety and security of any person; and
(e) whether legal professional privilege, or any other immunity, privilege or restriction may apply to the disclosure of the information; and
(f) any other matters the Commissioner thinks relevant.
Other circumstances
(4) Despite subsection 110ZFD(2), a hearing, or part of a hearing, may be held in private in any other circumstances prescribed by the rules.
110ZFF Consultation in relation to certain private hearing evidence
(1) If a witness gives evidence at a private hearing because of subsection 110ZFE(2) (disclosure of operationally sensitive information), the Defence and Veterans' Services Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:
(a) consult any law enforcement or security agency to which the evidence relates and consider any information received from the agency following the consultation; and
(b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ); and
(c) consider the safety and security of any person.
(2) If a witness gives evidence at a private hearing because of subsection 110ZFE(1) or (2) (disclosure of personal or operationally sensitive information), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:
(a) consider consulting the witness, and any other person whose interests are affected by the evidence; and
(b) consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and
(c) consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.
(3) The rules may make provision for or in relation to the disclosure or use of evidence given at a private hearing by a witness because of subsection 110ZFE(4).
110ZFG Other powers relating to inquiries
Subject this Part and any requirements prescribed by the rules, the Defence and Veterans' Services Commissioner may conduct research and inquire into matters under this Part as the Commissioner sees fit, including in relation to the following:
(a) giving notice of an inquiry;
(b) inviting submissions;
(c) making submissions publicly available;
(d) procedures for hearings (public or private);
(e) providing draft reports for comment.
Division 3 — Special inquiries
Subdivision A — Determining inquiry is a special inquiry
110ZGA Special inquiry
(1) The Defence and Veterans' Services Commissioner may make a determination, in writing, that an inquiry being conducted under Division 2 is a special inquiry if:
(a) public notice has been given of the inquiry; and
(b) the Commissioner is satisfied that it is in the public interest that the powers in this Division may be exercised in relation to the inquiry; and
(c) any other requirements prescribed by the rules are satisfied.
(2) The Commissioner may, at any time, revoke such a determination.
(3) A determination under subsection (1) is in force during the period:
(a) beginning immediately after the determination is made; and
(b) ending at the earliest of the following:
(i) the end of the period of 2 years beginning immediately after the determination is made;
(ii) the end of the day on which the determination is revoked under subsection (2).
(4) Paragraph (3)(b) does not prevent the making of another determination under subsection (1) in the same terms as the expired or revoked determination.
(5) A determination made under subsection (1) is not a legislative instrument.
Subdivision B — Powers that can be used in relation to a special inquiry
110ZGB Application of this Subdivision
This Subdivision applies in relation to an inquiry if there is a determination in force under section 110ZGA that the inquiry is a special inquiry.
110ZGC Summons
(1) The Defence and Veterans' Services Commissioner may, by notice in writing, summon a person to attend a hearing at a time and place specified in the notice:
(a) to give evidence relevant to the special inquiry; or
(b) to produce documents or things specified in the notice that are relevant to the special inquiry.
Note: Failure to comply with a notice is an offence: see section 110ZHA.
(2) The notice must:
(a) be in writing and be signed by the Commissioner; and
(b) be served on the person required to attend the hearing.
(3) A time specified in a notice must be at least 14 days after the day on which the notice is given.
(4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.
(5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give evidence, or produce a document or thing, includes the power to require the person to give evidence, or produce a document or thing, that is subject to legal professional privilege.
Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.
(6) Before giving a notice under subsection (1) to a person, in the person's capacity as someone who is or has been a coroner or an officer or employee of a coroners' court, the Commissioner must consider requesting the coroner or the coroners' court to disclose information in accordance with section 110ZGP.
(7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:
(a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or
(b) in any other case—the accountable authority of the Commonwealth entity.
(8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or a Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.
110ZGD Evidence on oath or by affirmation
(1) At a hearing for the inquiry, the Defence and Veterans' Services Commissioner may:
(a) require a witness to either take an oath or make an affirmation; and
(b) administer an oath or affirmation to the witness.
Note 1: Refusal to take an oath or make an affirmation is an offence: see section 110ZHB.
Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of theCrimes Act 1914 , which creates various offences in relation to judicial proceedings.
(2) The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.
(3) The Commissioner may allow a person attending a hearing who has been sworn, or who has made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation.
110ZGE Defence and Veterans' Services Commissioner may require information etc.
(1) For the purposes of performing the Defence and Veterans' Services Commissioner's functions, the Commissioner may, by written notice, require a person:
(a) to give the Commissioner information relevant to the special inquiry, or a statement setting out information relevant to the special inquiry, in writing referred to in the notice; or
(b) to produce to the Commissioner the documents or things relevant to the special inquiry that are referred to in the notice.
Note: Failure to give the information or statement, or to produce the documents or things, is an offence: see section 110ZHA.
(2) The notice must:
(a) be in writing; and
(b) specify the period within which the person must comply with the notice.
(3) A time specified in a notice must be at least 14 days after the day on which the notice is given.
(4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.
(5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give information or a statement, or produce a document or thing includes the power to require the person to give information or a statement, or produce a document or thing, that is subject to legal professional privilege.
Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.
(6) Before giving a notice under subsection (1) to a person, in the person's capacity as someone who is or has been a coroner or an officer or employee of a coroners' court, the Commissioner must consider requesting the coroner or the coroners' court to disclose information in accordance with section 110ZGP.
(7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:
(a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or
(b) in any other case—the accountable authority of the Commonwealth entity.
(8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.
110ZGF Notice of likely disclosure of operationally sensitive information
Notice requirement
(1) If:
(a) a person either:
(i) intends to give evidence, or give or produce to the Defence and Veterans' Services Commissioner information or a statement, document or thing in relation to the special inquiry (including as authorised under section 110ZGN or 110ZGP); or
(ii) is required under section 110ZGC or 110ZGE to give evidence at a hearing, to give or produce to the Commissioner information or a statement, document or thing, in relation to the special inquiry; and
(b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing operationally sensitive information;
the person must give written notice to the Commissioner before giving or producing the evidence, information or statement, document or thing.
Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 110ZHC(1).
(2) The notice must describe the evidence, information or statement, document or thing that the person considers to be operationally sensitive information.
Call for submissions
(3) If the Commissioner is given a notice under subsection (1), the Commissioner may invite submissions from persons or bodies (including law enforcement or security agencies) whose interests may be affected by disclosure of the information.
(4) If the Commissioner invites submissions, the Commissioner must ensure that the information is not disclosed inappropriately in the course of inviting submissions.
110ZGG Notice of likely disclosure of intelligence information
If:
(a) a person either:
(i) intends to give evidence, or give or produce to the Defence and Veterans' Services Commissioner information or a statement, document or thing in relation to the special inquiry (including as authorised under section 110ZGN or 110ZGP); or
(ii) s required under section 110ZGC or 110ZGE to give evidence at a hearing, to give or produce to the Commissioner information or a statement, document or thing, in relation to the special inquiry; and
(b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing intelligence information;
the person must give written notice to the Commissioner before giving or producing the evidence, information, statement, document or thing.
Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 110ZHC(2).
110ZGH Powers of Commissioner in relation to documents or other thing
The Defence and Veterans' Services Commissioner may for the purposes of the special inquiry:
(a) inspect any document or other thing:
(i) produced or given to the Commissioner; or
(ii) produced or given under a notice under section 110ZGC or 110ZGE; and
(b) retain the documents or other thing for so long as is reasonably necessary for the purposes of performing the Commissioner's functions; and
(c) in the case of documents:
(i) produced or given to the Commissioner; or
(ii) produced or given under a notice under section 110ZGC or 110ZGE;
make copies of any documents that contain matter that is relevant to the Commissioner's functions or powers.
110ZGJ Search warrants
(1) The Defence and Veterans' Services Commissioner or an authorised member may apply for a search warrant under subsection (4) in relation to the special inquiry.
(2) The Commissioner may, in writing, authorise a person, or each person in a class of persons, to be an authorised member for the purposes of this Part, if the person, or each person in the class of persons, is a member of the Australian Federal Police, or of the police force of a State or Territory, or is a police member (within the meaning of theDefence Force Discipline Act 1982 ).
(3) If:
(a) the Commissioner, or an authorised member, has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter into which the Commissioner is inquiring ( things of the relevant kind ); and
(b) the Commissioner, or the authorised member, believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed;
the Commissioner, or the authorised member, may apply to an eligible Judge for the issue of a search warrant under subsection (4).
(4) If an application is made under subsection (1) to an eligible Judge, the eligible Judge may, if satisfied that there are reasonable grounds for issuing the warrant, issue a search warrant authorising a member of the Australian Federal Police or of the police force of a State or Territory, or any other person named in the warrant (the authorised person ), with such assistance as the authorised person thinks necessary, and if necessary by reasonable force:
(a) to enter onto the land or on or into the premises, vessel, aircraft or vehicle; and
(b) to search the land, premises vessel aircraft or vehicle for things of the relevant kind; and
(c) to seize any things of the relevant kind found on the land or in the premises, vessel, aircraft or vehicle and deliver things so seized to the Commissioner.
(5) A warrant issued under this section must include the following information:
(a) a statement of the purpose for which the warrant is issued, which must include a reference to the matter into which the Commissioner is inquiring and with which the things of the relevant kind are connected;
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of things authorised to be seized;
(d) a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.
(6) If, in the course of searching, in accordance with a warrant issued under this section, for things of a particular kind connected with a matter into which the Commissioner is inquiring, the person executing the warrant finds:
(a) any thing of another kind that the person believes on reasonable grounds to be connected with that matter; or
(b) any thing that the person believes on reasonable grounds to be connected with another matter into which the Commissioner is inquiring;
and the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant is taken to authorise the person to seize that thing.
110ZGK Application by telephone for search warrants
(1) An application for a search warrant under subsection 110ZGJ(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.
(2) If an eligible Judge issues a search warrant on an application made by telephone, the eligible Judge must:
(a) complete and sign that warrant; and
(b) inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and
(c) forward a copy of the warrant to the applicant.
(3) If a search warrant is issued on an application made by telephone, the Defence and Veterans' Services Commissioner or a member of the Australian Federal Police or of the police force of a State or Territory may complete a form of warrant in the terms indicated by an eligible Judge under subsection (2).
(4) A form of warrant completed in accordance with subsection (3) is taken to be a warrant issued under section 110ZGJ.
110ZGL Witnesses subject to questioning
(1) Any of the following may, so far as the Defence and Veterans' Services Commissioner thinks proper, examine or cross-examine a witness on a matter relevant to a hearing for the purposes of the special inquiry:
(a) a legal practitioner assisting the Commissioner;
(b) any legal practitioner authorised by the Commissioner to appear before it for the purpose of representing any person;
(c) any person authorised by the Commissioner to appear before the Commissioner.
(2) Subject to this Part, a witness who is examined or cross-examined has the same protection and is subject to the same liabilities as if examined by the Commissioner.
Note: For other witness protections, see section 110ZLC.
110ZGM Witness expenses and allowances
(1) A person may, on behalf of the Commonwealth, be paid the following in respect of the giving of evidence as a witness at a hearing for the purposes of the special inquiry, in accordance with a scale prescribed by the rules:
(a) a reasonable amount for the person's expenses of attending at a place to give evidence;
(b) an allowance for the person's travelling expense and maintenance while absent from the person's usual place of residence.
(2) In the absence of a prescribed scale, the amount or allowance the person may be paid is the amount or allowance the Commissioner considers reasonable.
110ZGN Disclosure of information to the Commissioner — Commonwealth
Authorisation to disclose
(1) A Commonwealth body, or an individual who holds any office or appointment under a law of the Commonwealth, may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner's functions or powers in for the purposes of the special inquiry.
(2) A disclosure of information is taken not to have been made by a Commonwealth body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual's authority in relation to the body.
Authorisation for Commissioner to use
(3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner's functions or powers for the purposes of the special inquiry.
Authorisation not affected by State or Territory law or the general law
(4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.
Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.
110ZGP Disclosure of information to the Commissioner — States and Territories
Authorisation to disclose
(1) Any of the following may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner's functions or powers for the purposes of the special inquiry:
(a) a State body or Territory body;
(b) an individual who holds any office or appointment under a law of a State or Territory;
(c) a coroner or a coroners' court.
(2) A disclosure of information is taken not to have been made by a State body or Territory body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual's authority in relation to the body.
Authorisation for Commissioner to use
(3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner's functions or powers.
Authorisation not affected by State or Territory law or the general law
(4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.
Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.
110ZGQ Arrangements for obtaining and protecting intelligence information
Arrangements
(1) The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity for the purposes of a special inquiry only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:
(a) the manner in which entrusted persons obtain intelligence information relating to the entity; and
(b) the protection of intelligence information relating to the entity while in the possession of entrusted persons; and
(c) the disclosure by entrusted persons of intelligence information relating to the entity.
(2) The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity for the purposes of a special inquiry.
(3) Subsections (1) and (2) apply despite any other provision of this Part.
(4) Without limiting subsection (1), an arrangement may:
(a) limit the circumstances in which intelligence information may be disclosed in a report under this Division; and
(b) set out matters to which the Commissioner must have regard in disclosing intelligence information under section 110ZHP.
(5) However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the exercise of the Commissioner's powers or the performance of the Commissioner's functions under any provision of this Part (including section 110ZHP).
Conduct of hearings
(6) Despite subsection 110ZFD(2), if the Commissioner is satisfied that a person appearing at a hearing might disclose intelligence information:
(a) the Commissioner may, subject to paragraph (b) of this subsection, conduct the hearing in public or private; and
(b) the conduct of the hearing must be consistent with an arrangement entered into for the purposes of subsection (1) of this section with the Australian intelligence entity to which the information relates.
Arrangement is not a legislative instrument
(7) If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument.
110ZGR Application of this Part in relation to current and former IGIS officials
Despite anything else in this Part:
(a) an entrusted person may obtain information from another person that the other person acquired as an IGIS official; and
(b) a person may disclose information, that the person acquired as an IGIS official, to an entrusted person;
only in accordance with sections 34 and 34A of the Inspector-General of Intelligence and Security Act 1986 .
Division 4 — Offences
Subdivision A — Failure to attend hearing, give information or produce documents etc.
110ZHA Failure to attend hearing, give information or produce documents etc.
Failure to attend hearing
(1) A person commits an offence if:
(a) the person is served with a notice under section 110ZGC to attend a hearing; and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.
Failure to give information, or produce a document or thing
(2) A person commits an offence if:
(a) the person is given a notice under section 110ZGC or 110ZGE to give information or a statement, or produce a document or thing, specified in the notice; and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.
Reasonable excuse
(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code .
Defence of relevance
(4) Subsection (2) does not apply if the information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code .
Subsections (1) and (2) not affected by State or Territory law or the general law
(5) Subsections (1) and (2) have effect despite anything in a law of a State or Territory, or the general law.
Note: Penalties also do not apply under secrecy provisions: see section 110ZHQ.
110ZHB Refusal to take an oath, make an affirmation or answer a question
A person commits an offence if:
(a) the person is served with a notice under section 110ZGC to attend a hearing; and
(b) either:
(i) the person refuses to be sworn or to make an affirmation at the hearing; or
(ii) the person refuses to answer a question at the hearing that the Defence and Veterans' Services Commissioner requires the person to answer.
Penalty: Imprisonment for 2 years.
110ZHC Failure to give written notice to the Defence and Veterans' Services Commissioner
Operationally sensitive information
(1) A person commits an offence if:
(a) the person is required to give a written notice to the Commissioner under section 110ZGF; and
(b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code ) that allows, or had allowed, access to operationally sensitive information; and
(c) the person fails to give the notice in accordance with section 110ZGF.
Penalty: Imprisonment for 3 years.
Intelligence information
(2) A person commits an offence if:
(a) the person is required to give a written notice to the Defence and Veterans' Services Commissioner under section 110ZGG; and
(b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code ) that allows, or had allowed, access to intelligence information; and
(c) the person fails to give the notice in accordance with section 110ZGG.
Penalty: Imprisonment for 3 years.
110ZHD Legal professional privilege
(1) It is not a reasonable excuse for the purposes of subsection 110ZHA(3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless:
(a) a court has found the information, statement, document or thing (or the relevant part of it) to be subject to legal professional privilege; or
(b) a claim that the information, statement, document or thing (or the relevant part of it) is subject to legal professional privilege has been made to the Defence and Veterans' Services Commissioner:
(i) within the time that the Commissioner, in requiring the information or statement to be given, or the document or thing to be produced, allowed for the giving of the information or statement, or the production of the document or thing; or
(ii) within such further time as the Commissioner allows for the giving of the information or statement, or the production of the document or thing.
(2) If such a claim is made, the Commissioner may decide whether to accept or reject the claim.
(3) The Commissioner may, by written notice served on a person, require the person to produce the information, statement, document or thing for inspection for the purpose of deciding whether to accept or reject the claim.
(4) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to accept the claim, the Commissioner must:
(a) return the information, statement, document or thing to the person; and
(b) disregard, for the purposes of any report, recommendation or finding that the Commissioner makes:
(i) if the claim is accepted in relation to the whole of the information, statement, document or thing—the whole of the information, statement, document or thing; or
(ii) if the claim is accepted in relation to a part of the information, statement, document or thing—that part of the information, statement, document or thing.
(5) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to reject the claim, the Commissioner may use the information, statement, document or thing for the purposes of performing the Commissioner's function in relation to a special inquiry.
110ZHE Offences relating to claims for legal professional privilege
Offences
(1) A person commits an offence if:
(a) the person has failed to give information or a statement, or produce a document or thing as required by the Commissioner under section 110ZGC; and
(b) the Commissioner has decided under subsection 110ZHD(2) to reject a claim that the information or statement, document or thing (or the relevant part of the information, statement, document or thing) is subject to legal professional privilege; and
(c) the person fails to give the information or statement, or produce the document or thing as the Commissioner requires, after that decision, under section 110ZGC.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person is required under subsection 110ZHD(3) to give information or a statement, or produce a document or thing for inspection; and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.
Reasonable excuse
(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Legal professional privilege
(4) It is not a reasonable excuse for the purposes of subsection (3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless a court has found the information, statement, document or thing to be subject to legal professional privilege.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code .
Defence of relevance
(5) It is a defence to a prosecution for an offence against this section constituted by a failure to give information or a statement, or produce a document or thing, if the information, statement, document or thing is not relevant to the matters into which the Commissioner is inquiring.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code .
110ZHF Self-incrimination
(1) An individual is not excused from giving information, evidence or a statement, or producing a document or thing, under section 110ZGC on the ground that giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self-incrimination.
(2) Subsection (1) does not apply if:
(a) giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and
(b) the individual has been charged with that offence; and
(c) the charge has not been finally dealt with by a court or otherwise disposed of.
(3) However:
(a) the information, evidence or statement given or document or thing produced; and
(b) the giving of the information, evidence or a statement, or the production of the document or thing;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part; or
(d) proceedings for an offence against Part III of the Crimes Act 1914 that relates to this Part; or
(e) proceedings for an offence against this Part.
(4) If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information, evidence or a statement, or producing a document or thing under section 110ZGC or 110ZGE, the individual is not excused from giving the information, evidence or statement or producing the document or thing under those provisions on that ground.
Note: A body corporate is not entitled to claim the privilege against self-exposure to a penalty.
Subdivision B — Witness protections etc.
110ZHG Dismissal etc. of witness
(1) A person commits an offence if the person:
(a) dismisses an employee from employment or a defence member from the Defence Force; or
(b) prejudices an employee in the employee's employment by the person or disciplines a defence member in their capacity as a defence member;
for or on account of the employee or the defence member having:
(c) appeared as a witness before the Commissioner; or
(d) given evidence before the Commissioner; or
(e) given information or a statement, or produced a document or thing, in accordance with section 110ZGC.
Penalty: 10 penalty units or imprisonment for 1 year.
(2) Subsection (1) does not apply if the employee or defence member was dismissed, prejudiced or disciplined for some reason other than the reasons mentioned in subsection (1).
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code .
110ZHJ Contempt of Commissioner
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders the Defence and Veterans' Services Commissioner in the performance or exercise of the Commissioner's functions or powers.
Penalty: 2 penalty units or imprisonment for 3 months.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct would, if the Defence and Veterans' Services Commissioner were a court of record, constitute a contempt of that court.
Penalty: 2 penalty units or imprisonment for 3 months.
Subdivision C — Unauthorised publication, use or disclosure of information etc
110ZHK Non-publication direction
(1) The Defence and Veterans' Services Commissioner may, in writing, direct that any of the following material must not be published, produced or disclosed or must not be published, produced or disclosed except in the manner or to the persons that the Commissioner specifies:
(a) evidence given before the Commissioner;
(b) the contents of a document, or a description of a thing, produced or given to the Commissioner;
(c) information that might enable a person who has given evidence before the Commissioner to be identified.
Note: Publication in contravention of a direction under this subsection is an offence: see section 110ZHL.
(2) The Commissioner may, in writing, vary or revoke a direction under subsection (1).
(3) Without limiting subsection (1), the Commissioner may direct that the material must not be published, produced, or disclosed to:
(a) a court; or
(b) a tribunal, authority or person having power to require the production of documents or the answering of questions.
110ZHL Publication in contravention of non-publication direction
A person commits an offence if:
(a) the person publishes information; and
(b) the publication contravenes a direction under subsection 110ZHK(1).
Penalty: Imprisonment for 3 years.
110ZHM Unauthorised use or disclosure of protected information
A person commits an offence if:
(a) the person is, or has been an entrusted person; and
(b) the person uses or discloses information; and
(c) the information is protected information; and
(d) neither of the following apply:
(i) the use or disclosure is for the purposes of performing or exercising the Commissioner's functions or powers;
(ii) the information is disclosed by the Commissioner in accordance with section 110ZHN.
Note: See Part 5.6 of the Criminal Code for offences relating to secrecy of information.
Penalty: Imprisonment for 2 years.
110ZHN Authorisation to disclose information (other than intelligence information)
Authorisation to disclose
(1) The Defence and Veterans' Services Commissioner may disclose information (including personal information) to an entity specified in subsection (2) if:
(a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and
(b) the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers; and
(c) in the case of an entity specified in any of paragraphs (2)(k) to (m) of this subsection—the Commissioner is satisfied that the function or power mentioned in paragraph (b) of this subsection is connected with defence member or veteran deaths by suicide; and
(d) in any case—the information is not intelligence information.
(2) The entities are the following:
(a) the Attorney-General of the Commonwealth, a State or a Territory;
(b) the Australian Federal Police;
(c) the police force of a State or Territory;
(d) the Director of Public Prosecutions;
(e) a Special Prosecutor appointed under the Special Prosecutors Act 1982;
(f) a Royal Commission or a body with functions equivalent to a Royal Commission;
(g) if the information relates, or may relate, to the contravention, or evidence of a contravention, of a law of the Commonwealth, a State or a Territory—an entity responsible for the administration or enforcement of the law;
(h) the Australian Crime Commission;
(i) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022) ;
(j) a coroner or a coroners' court;
(k) any other Commonwealth body;
(l) any other State body or Territory body;
(m) any other individual who holds any office or appointment under a law of the Commonwealth, a State or a Territory.
Coronial inquiries
(3) If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(k) to (m) may prejudice a current or future coronial inquiry, the Commissioner must consider consulting:
(a) for a current coronial inquiry—the coroner conducting the inquiry; or
(b) for a future coronial inquiry—the head of the relevant coronial jurisdiction before disclosing the information.
State or Territory police investigations
(4) If the Commissioner believes that the disclosure of information under subsection (1) to an entity specified in any of paragraphs (2)(k) to (m) may prejudice current or future investigations by a police force of a State or Territory, the Commissioner must consider consulting the head (however described) of the police force of the State or Territory before disclosing the information.
Authorisation for agencies and bodies to use and disclose information
(5) An entity to which information is disclosed under subsection (1) may use and disclose the information for the purposes for which the information was disclosed under that subsection.
Contravention of a law
(6) A reference in paragraph (2)(g) to a contravention of a law is a reference to a contravention for which a person may be liable to:
(a) a criminal penalty; or
(b) a civil or administrative penalty.
110ZHP Authorisation to disclose intelligence information
Authorisation to disclose
(1) The Defence and Veterans' Services Commissioner may disclose intelligence information (including personal information) to an entity specified in subsection (2) if:
(a) the information was given to the Commissioner in accordance with a notice under section 110ZGC or 110ZGE, or in accordance with section 110ZGN or 110ZGP; and
(b) except in the case of a disclosure to the Inspector-General of Intelligence and Security—the information relates, or may relate, to the commission, or evidence of the commission, of an offence against a law of the Commonwealth, a State or a Territory; and
(c) in any case—the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers.
(2) The entities are the following:
(a) the Australian Federal Police;
(b) the police force of a State or Territory;
(c) the Australian Crime Commission;
(d) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022 );
(e) the Inspector-General of Intelligence and Security;
(f) an agency or body, or the holder of an office that is prescribed by the rules for the purposes of this paragraph.
Consultation requirement
(3) Before disclosing intelligence information under subsection (1) to an entity other than the Inspector-General of Intelligence and Security, the Commissioner must consult the following:
(a) the person mentioned in subsection (4) for the entity;
(b) the head of the Australian intelligence entity to which the information relates.
(4) For the purposes of paragraph (3)(a), the person for the entity is as follows:
(a) for the Australian Federal Police—the Commissioner of Police;
(b) for the police force of a State or Territory—the head (however described) of the police force of the State or Territory;
(c) for the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;
(d) for the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022 )—the National Anti-Corruption Commissioner;
(e) for an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of paragraph (2)(f)—the person holding, or performing the duties of, the principal office in respect of the body or agency that is prescribed by the rules for the purposes of this paragraph.
(5) For the purposes of paragraph (3)(a), the consultation must cover the protection of the intelligence information while it remains in the entity's possession.
Matters to which Commissioner must have regard in disclosing information
(6) In disclosing intelligence information under subsection (1), the Commissioner:
(a) must have regard to any matter set out in an arrangement entered into with the head of the Australian intelligence entity to which the information relates; and
(b) may have regard to any other matter the Commissioner considers relevant.
110ZHQ No criminal or civil liability under secrecy provisions
Information provided in accordance with notices
(1) A person who is served with a notice under section 110ZGC (summons) or 110ZGE (Commissioner may require information etc.) does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person:
(a) answers a question at a hearing that the Commissioner requires the person to answer; or
(b) gives information or a statement that the person is required to give in accordance with the notice; or
(c) produces a document or thing that the person is required to produce in accordance with the notice.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code .
Information disclosed under section 110ZGN or 110ZGP
(2) A person who discloses information under section 110ZGN or 110ZGP does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person disclosed information in accordance with section 110ZGN or 110ZGP.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .
Division 5 — Defence and Veterans' Services Commissioner
110ZJA The Defence and Veterans' Services Commissioner
There is to be a Defence and Veterans' Services Commissioner.
110ZJB Functions of the Defence and Veterans' Services Commissioner
(1) The Defence and Veterans' Services Commissioner has the following functions:
(a) to monitor, inquire and report on (including with evidence-based findings and recommendations) on the following:
(i) data and trends regarding suicide and suicidality among serving and ex-serving ADF members;
(ii) systemic factors relating to the Commonwealth's administration of policies, programs, systems and practices that contribute to suicide and suicidality among serving and ex-serving ADF members;
(iii) the state of the defence and veteran ecosystem, as it relates to the prevention of suicide and suicidality;
(iv) the Commonwealth's implementation of the recommendations of the Defence and Veteran Suicide Royal Commission, including progress, impact and outcomes;
(b) to conduct research and inquire into, and report and advise on, specific matters as requested by the Minister under section 110ZFB;
(c) to conduct inquiries into the Commonwealth's implementation of the Government's response to the recommendations of the Defence and Veteran Suicide Royal Commission under section 110ZFC;
(d) to improve supports for serving and ex-serving Australian Defence Force members;
(e) to collaborate with coroners to understand issues contributing to defence and veteran deaths by suicide;
(f) to promote understanding of suicide risks for defence members and veterans and factors that can improve the wellbeing of defence members and veterans, including through engaging with people with lived experiences and promoting that lived experience;
(g) any other function conferred on the Commissioner by this Act or any other law of the Commonwealth.
(2) To avoid doubt, the following are not functions of the Commissioner:
(a) to make findings of civil or criminal wrongdoing;
(b) to make findings on the manner or cause of death in relation to a death of a defence member or suspected suicide;
(c) to monitor or inquire into a single exercise of a power, or a single performance of a function or duty.
(3) In performing the Commissioner's functions, the Commissioner must have regard to the need to avoid prejudicing current or future criminal or civil proceedings or other contemporaneous inquiries.
Note: An example of a contemporaneous inquiry is a contemporaneous inquiry conducted by the Inspector-General ADF under section 110C of this Act.
(4) The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions.
110ZJC Powers of the Defence and Veterans' Services Commissioner
The Defence and Veterans' Services Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner's functions under this Act or any other law of the Commonwealth.
110ZJD Independence
Subject to this Act and to other laws of the Commonwealth, the Defence and Veterans' Services Commissioner:
(a) has complete discretion in the performance of the Commissioner's functions and the exercise of the Commissioner's powers; and
(b) is not subject to direction by any person in relation to the performance of those functions or the exercise of those powers.
Note: The Commissioner must comply with a request by the Minister under section 110ZFB to inquire into or advise on specific matters.
110ZJE Appointment of Defence and Veterans' Services Commissioner
(1) The Defence and Veterans' Services Commissioner is to be appointed by the Minister by written instrument.
Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901 .
(2) The Commissioner is to be appointed on a full-time basis.
(3) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4) Before appointing a person as the Commissioner, the Minister must be satisfied that the person has suitable qualifications, training or experience.
110ZJF Remuneration of Defence and Veterans' Services Commissioner
(1) The Defence and Veterans' Services Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the rules.
(2) The Commissioner is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
110ZJK Rules in relation to the Defence and Veterans' Services Commissioner
The rules may make provision for, or in relation to the following:
(a) acting appointments;
(b) leave of absence;
(c) engaging in paid work outside the duties of the Commissioner's office without the Minister's approval;
(d) disclosure of interests;
(e) resignation;
(f) termination of appointment.
110ZJL Other terms and conditions
The Defence and Veterans' Services Commissioner holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the rules.
Division 6 — Defence and Veterans' Services Commission
110ZKA Defence and Veterans' Services Commission
(1) The Defence and Veterans' Services Commission is established by this section.
(2) The Commission consists of:
(a) the Defence and Veterans' Services Commissioner;
(b) the staff of the Commission referred to in section 110ZKD.
Application of the Finance Law
(3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):
(a) the Defence and Veterans' Services Commission is a listed entity; and
(b) the Defence and Veterans' Services Commissioner is the accountable authority of the Commission; and
(c) the following persons are officials of the Commission:
(i) the Defence and Veterans' Services Commissioner;
(ii) the staff of the Commission referred to in section 110ZKD;
(iii) the persons assisting referred to in section 110ZKE; and
(iv) consultants engaged under section 110ZKF; and
(d) the purposes of the Defence and Veterans' Services Commission include:
(i) the functions of the Commission referred to in section 110ZKB; and
(ii) the functions of the Defence and Veterans' Services Commissioner referred to in section 110ZJB.
110ZKB Functions of the Defence and Veterans' Services Commission
The Defence and Veterans' Services Commission's function is to assist the Defence and Veterans' Services Commissioner in the performance of the Commissioner's functions under this Act or any other law of the Commonwealth.
110ZKC Powers of the Defence and Veterans' Services Commission
The Defence and Veterans' Services Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Defence and Veterans' Services Commissioner's functions under this Act or any other law of the Commonwealth.
110ZKD Staff
(1) The staff of the Defence and Veterans' Services Commission are to be persons engaged under the Public Service Act 1999 .
(2) For the purposes of the Public Service Act 1999 :
(a) the Defence and Veterans' Services Commissioner and the staff of the Defence and Veterans' Services Commission together constitute a Statutory Agency; and
(b) the Defence and Veterans' Services Commissioner is the Head of that Statutory Agency.
110ZKE Persons assisting
(1) The Commissioner may be assisted by:
(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999 ), and of authorities of the Commonwealth, whose services are made available to the Commissioner in connection with the performance of any of the Commissioner's functions; and
(b) persons whose services are made available under arrangements made under subsection (2).
(2) The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:
(a) a State or Territory government; or
(b) a State or Territory government authority;
under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner's functions.
(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.
(4) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.
110ZKF Consultants
(1) The Defence and Veterans' Services Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Defence and Veterans' Services Commission's functions.
(2) The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing.
Division 7 — Other provisions
110ZLA Other matters
The rules may make provision for, or in relation, to the following:
(a) delegation by the Defence and Veterans' Services Commissioner of powers and functions under this Part;
(b) reporting by the Defence and Veterans' Services Commissioner or the Defence and Veterans' Services Commission in relation to performance of functions and exercise of powers under this Part.
110ZLB Eligible judges
(1) In this Part:
eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.
Judge means a person who is a Judge of a court created by the Parliament.
(2) A Judge may by writing consent to be nominated by the Attorney-General under subsection (3).
(3) The Attorney-General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Part.
110ZLC Protection of Commissioner, legal practitioners, eligible Judges and witnesses
(1) The Commissioner has, in the performance or exercise of functions or powers under this Part, the same protection and immunity as a Justice of the High Court.
(2) A legal practitioner assisting the Commissioner or appearing on behalf of a person at a hearing before the Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
(3) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Part, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
(4) Subject to this Part, a person appearing as a witness at a hearing, or giving or producing information, evidence, a statement, a document or thing under section 110ZGC or 110ZGE, has the same protection as a witness in proceedings in the High Court.
110ZLD Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Part to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Part;
(e) directly amend the text of this Part.
110ZLE Review of the operation of this Part
(1) The Minister must cause an independent review of the operation of this Part to be undertaken as soon as practicable after the end of the period of 36 months after the commencement of this Part.
(2) Without limiting subsection (1), the review must consider:
(a) the effectiveness of the functions and powers of the Defence and Veterans' Services Commissioner and the Defence and Veterans' Services Commission to achieve the objects of this Part; and
(b) whether it would be appropriate to provide for the future operation of the Defence and Veterans' Services Commissioner and the Defence and Veterans' Services Commission in standalone legislation.
(3) The persons who undertake the review must give the Minister a written report of the review within 6 months of the commencement of the review.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
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PARLIAMENTARY COUNSEL
Statement of reasons: why certain amendments should be moved as requests
Section 53 of the Constitution is as follows:
Powers of the Houses in respect of legislation
53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Amendment (2)
The effect of this amendment is to establish the office of the Defence and Veterans' Service Commissioner, a new public office within the meaning of Part II of the Remuneration Tribunal Act 1973 . It is covered by section 53 because it will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in subsection 7(13) of that Act.
______
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (2)
If the effect of the amendment is to increase the amount of expenditure under subsection 7(13) of the Remuneration Tribunal Act 1973 , then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
(1) Amendment (1), omit "substitute '4'", substitute "substitute '5'".
(2) Amendment (2), subclause 4(1), omit "A Senate Standing Committee on Foreign Affairs, Defence and Trade", substitute "The Senate Foreign Affairs, Defence and Trade Legislation Committee".
(3) Amendment (2), after clause 4, insert:
5 Review of amendments in Schedule 9
The Senate Foreign Affairs, Defence and Trade Legislation Committee must:
(a) begin a review of the amendments in Schedule 9 to this Act as soon as practicable after the day this Act receives the Royal Assent; and
(b) report the Committee's findings to the Senate by 29 August 2025.
SHEET 2910
(1) Schedule 1, heading to Division 4 of Part 3, page 51 (line 13), at the end of the heading, add "or while at work etc.".
(2) Schedule 1, item 112, page 51 (after line 26), after paragraph 28(1)(ea), insert:
(eb) the death occurred, or the injury or disease from which the person died was sustained or contracted, while the person was:
(i) at the person's place of work (other than civilian work); or
(ii) temporarily absent from the person's place of work (other than civilian work) during an ordinary recess in that work;
(3) Schedule 1, item 113, page 52 (line 2), after "(ea)", insert ", (eb)".
(4) Schedule 1, page 52 (after line 2), after item 113, insert:
113A Subparagraph 29(1)(a)(i)
Omit "service injury or service disease", substitute "injury or disease".
(5) Schedule 1, item 114, page 52 (line 6), after "(ea)", insert ", (eb)".
(6) Schedule 1, item 115, page 52 (line 10), after "(ea)", insert ", (eb)".
_____
SHEET 3051
(1) Page 1 (before line 5), before clause 1, insert:
Part 1 — Preliminary
(2) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Parts 1 and 2".
(3) Page 3 (after line 5), after clause 3, insert:
Part 2 — Research into veteran health and wellbeing
Division 1 — Preliminary
5 Definitions
(1) In this Part:
defence member means a member of the Defence Force.
Defence Minister means the Minister administering section 1 of theDefence Act 1903 .
Department of Defence means the Department administered by the Defence Minister.
Department of Veterans' Affairs means the Department administered by the Veterans' Affairs Minister.
Expert Committee means the Expert Committee on Veteran Research established by section 9.
veteran means a person who has served, or is serving, as a member of the Permanent Forces or as a member of the Reserves.
Veterans' Affairs Minister means the Minister administering theVeterans' Entitlements Act 1986 .
(2) In subsection (1), the following terms have the same meaning as in the Defence Act 1903 :
(a) Defence Force;
(b) Permanent Forces;
(c) Reserves.
6 Departments to which this Part applies
This Part applies to:
(a) the Department of Defence; and
(b) the Department of Veterans' Affairs.
Division 2 — Research into veteran health and wellbeing
7 Research workplans
(1) A department to which this Part applies must prepare a research workplan.
Content of research workplans
(2) A research workplan must:
(a) outline the immediate research priorities of the department in relation to issues affecting the health and wellbeing of defence members and veterans; and
(b) outline the long-term research goals and priorities in relation to issues affecting the health and wellbeing of defence members and veterans; and
(c) include information on any planned research activities and research that is currently being undertaken under each research priority outlined under paragraph (a), including the timeframes for the completion and publication of the research; and
(d) identify any current evidence gaps that are apparent in relation to a priority or goal under paragraphs (a) or (b) and detail action that is required or planned to address those gaps; and
(e) establish frameworks for the routine release of information held by the department to external researchers.
(3) In determining the research priorities to be outlined in a research workplan the department must consult the following:
(a) defence members and veterans;
(b) researchers in relevant fields of academic study relating to issues affecting the health and wellbeing of defence members and veterans;
(c) the Expert Committee on Veteran Research.
First research workplan
(4) The first research workplan prepared by a department under this section must be completed before the end of the period of 3 months starting on the day this Part commences.
Research workplans to be updated annually
(5) A department that has prepared a research workplan under this section must update the research workplan annually taking account of the following:
(a) any research activities undertaken during the year under each research priority outlined in the research workplan;
(b) any new research activities that are planned to be undertaken;
(c) any insights gained as a result of the research conducted;
(d) the outcome of periodic reviews of research priorities undertaken under subsection (6).
Periodic review of research priorities
(6) Periodic reviews are to be undertaken of the research priorities outlined in research workplans prepared under this section.
(7) The purpose of a periodic review undertaken under subsection (6) is to ensure research priorities outlined in a research workplan remain relevant to the strategic direction of the veteran support system.
(8) A periodic review must be completed by the end of each of the following periods:
(a) the 3 year period that starts when the first research workplan prepared under this section is published;
(b) each later 3 year period.
Publication and tabling of research workplans
(9) A department that has prepared a research workplan must:
(a) publish the research workplan on the department's website as soon as reasonably practicable after the workplan has been prepared; and
(b) give a copy of the research workplan to the Defence Minister or Veterans' Affairs Minister (as the case requires).
(10) The Defence Minister or the Veterans' Affairs Minister (as the case requires) must cause a copy of a research workplan to be tabled in each House of the Parliament within 15 sitting days of that House after the research workplan is given to the minister.
(11) To avoid doubt, subsection (9) applies to a research workplan that has been updated by a department under subsection (5).
8 Research findings are to be published
(1) Subject to subsection (2), a department to which this Part applies must publish on the department's website the findings of any research undertaken in accordance with a research workplan.
(2) Subsection (1) does not apply to research, or parts of research, that includes information the disclosure of which would involve genuine legal, commercial or national security sensitivities.
(3) It is the intention of the Parliament that research that is to be published in accordance with subsection (1) should be subject to review by independent researchers, including by the Expert Committee, prior to publication.
Division 3 — Expert Committee on Veteran Research
9 Establishment
(1) The Expert Committee on Veteran Research is established.
(2) The Veterans' Affairs Minister is to determine in writing the composition of the Expert Committee, including the qualifications of its members.
(3) The Veterans' Affairs Minister is to appoint the members of the Expert Committee on a part-time basis, and must appoint one of the members to chair the Expert Committee.
(4) A person must not be appointed as a member of the Expert Committee unless the Veterans' Affairs Minister is satisfied that the appointment of the person would ensure that the Expert Committee members collectively:
(a) include members who are experts from government, academia and the private sector with an appropriate balance of skills and experience across the following areas:
(i) military and veterans' affairs;
(ii) injury and illness prevention, including work health and safety;
(iii) mental and physical health care;
(iv) rehabilitation;
(v) family support and other compensation systems or social insurance schemes.
(b) include members with lived experience of:
(i) service life; or
(ii) suicidality; or
(iii) poor mental health.
10 Functions of the Expert Committee
The functions of the Expert Committee in relation to a department to which this Part applies are:
(a) to provide input to the department in the development of research priorities and research workplans; and
(b) to monitor the outcomes of a research workplan; and
(c) to provide advice to the department on research and evaluation matters relevant to improving the wellbeing of defence members and veterans.
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SHEET 2913
(1) Schedule 1, Part 3, page 69 (after line 36), at the end of the Part, add:
Division 15 — Time limits for determining certain claims
Military Rehabilitation and Compensation Act 2004
204 At the end of Part 2 of Chapter 7
Add:
343A Time limit for determining certain claims
Claims for compensation for permanent impairment
(1) If a person makes a claim under section 319 for compensation under Part 2 of Chapter 4 (permanent impairment), the Commission must determine the claim by the end of the period of 120 days (the consideration period ) beginning on the day the claim is made.
(2) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.
Claims for compensation for incapacity
(3) If a person makes a claim under section 319 for compensation under Part 3 or 4 of Chapter 4 (incapacity), the Commission must determine the claim by the end of the period of 90 days (the consideration period ) beginning on the day the claim is made.
(4) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.
Stopping the clock
(5) If the Commission requests further information in relation to a claim for compensation under Part 2, 3 or 4 of Chapter 4, the time taken for the Commission to receive the further information is not to be included in the relevant consideration period.
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SHEET 3049
(1) Schedule 3, item 10, page 131 (line 29), omit "other than", substitute "including".
(2) Schedule 3, item 10, page 132 (lines 1 to 3), omit subsection 352G(3).
(3) Schedule 3, item 10, page 152 (line 11) to page 153 (line 14), section 353L to be opposed.
The committee divided. [18:23]
(The Temporary Chair—Senator Sterle)
That so much of the standing orders be suspended as would prevent further consideration of the bill without limitation of time.
That the question be now put.
The committee divided. [18:38]
(The Temporary Chair—Senator Pratt)
Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024
SHEET 3285
(1) Schedule 1, page 21 (after line 6), after item 66, insert:
66A After Part 6 of Chapter 11
Insert:
Part 6A — Review
438A Review of meaning of warlike service
(1) The Minister must cause an independent review to be conducted into whether it is appropriate for the meaning of the expression warlike service in section 6 to include peacekeeping service, including in areas of high risk and local or regional instability.
(2) The review must make provision for public consultation.
(3) The review must start as soon as practicable after the commencement of this section.
(4) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.
(5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
SHEET 3021
(1) Clause 2, page 2 (table item 5), omit the table item, substitute:
(2) Page 268 (after line 14), after Schedule 6, insert:
Schedule 6A — Nuclear test participants
Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006
1 Subparagraph 5(3A)(b)(iv)
Omit "; and".
2 At the end of paragraph 5(3A)(b)
Add:
; or (v) an officer or employee of a government body, or an authority, of South Australia acting in the course of the officer or employee's duties; and
3021-EM
______
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (2)
Amendment (2) is framed as a request because it adds an additional class of persons who are eligible to be provided with Commonwealth-funded treatment under the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 .
As the effect of the amendment is to increase the number of individuals who would be eligible to be provided with Commonwealth-funded treatment, the amendment is likely to increase expenditure under the standing appropriation in section 49 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 .
Amendment (1)
Amendment (1) is consequential to amendment (2).
______
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (2)
If the effect of the amendment is to increase expenditure under the standing appropriation in section 49 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
Amendment (1)
This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.
_____
SHEET 3023
(1) Schedule 1, item 58, page 15 (lines 17 and 18), omit the item, substitute:
58 Paragraphs 6(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be warlike service for the purposes of this Act, or service that is National Service Act service; and
(b) non-warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be non-warlike service for the purposes of this Act; and
(2) Schedule 1, item 60, page 20 (after line 7), after section 6C, insert:
6D Meaning of National Service Act service
(1) A person has rendered National Service Act service if the person rendered service because of a notice under section 26 of theNational Service Act 1951 in the period beginning on 24 November 1964 and ending on 5 December 1972.
(2) To avoid doubt, subsection (1) applies regardless of whether the service was undertaken outside Australia.
3023-EM
_____
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (1)
Amendment (1) is framed as a request because it adds an additional class of persons who are eligible to be provided with income support under Part III of the Veterans' Entitlements Act 1986.
As the effect of the amendment is to increase the number of individuals who would be eligible to be provided with income support, the amendment is likely to increase expenditure under the standing appropriation in section 199 of the Veterans' Entitlements Act 1986 .
Amendment (2)
Amendment (2) is consequential to amendment (1).
______
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (1)
If the effect of the amendment is to increase expenditure under the standing appropriation in section 199 of the Veterans' Entitlements Act 1986 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
Amendment (2)
This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.
The committee divided. [18:42]
(The Temporary Chair—Senator Pratt)
Scams Prevention Framework Bill 2025
SHEET 3294
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) too many people and their families experience significant harm from scams each year,
(ii) instead of implementing a best practice model to prevent scams, Labor has caved to the interests of the major banks and their multi-billion-dollar profits, and
(iii) under Labor's bill, it would take a person impacted by a scam up to 30 steps and 2 years to seek redress, and at the end of the process there is no guarantee they will get any of their money back; and
(b) calls on the Government to amend the bill to include a presumption of reimbursement, similar to the UK model, which would require banks to promptly reimburse people who have been scammed, and then recover costs from other businesses involved in the scam in proportion to their liability, including telcos and digital platforms".
_____
SHEET 3324
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) the bill fails to address the jurisdictional impediments to enforcement of laws against offshore social media companies,
(ii) any measures or civil penalties the bill imposes on online platforms will be unenforceable and require voluntary compliance,
(ii) the Joint Select Committee on Social Media and Australian Society considered the impact of online scams and jurisdictional impediments and recommended that the Australian Government consider options for greater enforceability of Australian laws for social media platforms, including amending regulation and legislation, to effectively bring digital platforms under Australian jurisdiction; and
(b) calls on the Government to urgently act to bring digital platforms under Australian jurisdiction and ensure jurisdiction is not an impediment to enforcement measures in the bill".
The Senate divided. [18:50]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that this legislation fails to make adequate provisions for the compensation of vulnerable Australians who have been victims of scams; and
(b) calls on the Government to introduce legislation similar to the successful UK model of reimbursement, which ensures that banks are required to initially refund scam victims, providing stronger consumer protection and accountability in the financial sector".
The Senate divided. [18:54]
(The President—Senator Lines)
(1) Schedule 1, item 1, page 13 (line 9), before "Matters", insert "(1)".
(2) Schedule 1, item 1, page 13 (after line 16), at the end of section 58BB, add:
(2) In determining whether a regulated entity has taken reasonable steps for the purposes of a provision of this Division, the primary consideration must be the matter in paragraph (1)(e) (if applicable).
(3) Schedule 1, item 1, page 30 (after line 34), after subsection 58BZE(1), insert:
(1A) To avoid doubt, guidelines prescribed for the purposes of subparagraph (1)(b)(ii) do not have to be consistent with sections 58FZD to 58FZK (about proportionate liability for concurrent wrongdoers in actions for damages).
(4) Schedule 1, item 1, page 44 (after line 24), at the end of Subdivision B, add:
58EFA Roles and responsibilities statement
(1) The SPF general regulator must publish a statementon its website summarising, in general terms, the roles and responsibilities of:
(a) each SPF regulator; and
(b) each operator of an SPF EDR scheme; and
(c) any other entity the SPF general regulator considers appropriate;
with respect to the regulation, enforcement and administration of the SPF provisions.
Note: The purpose of the statement is to explain these matters at a high level.
(2) Before publishing the statement, the SPF general regulator must consult the entities mentioned in subsection (1).
(3) The statement is not a legislative instrument.
The Senate divided. [18:58]
(The President—Senator Lines)
Social Security Legislation Amendment (Technical Changes) Bill 2025
That this bill be now read a first time.
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) the Disability Support Pension (DSP) partner income test traps disabled people in abusive relationships by forcing people into a dynamic of financial dependency,
(ii) the DSP partner income test also prevents members of the community from forming relationships and getting married, and genuine marriage and partner equality must include the abolition of the partner income test,
(iii) the low rate of the DSP forces many disabled people in vicious cycles of poverty, fear and pain,
(iv) the tightening of eligibility of the DSP forces many people living with disability to rely on the lower rate under JobSeeker, entrenching poverty and disadvantage,
(v) poverty is a political choice; and
(b) calls on the Government to:
(i) abolish the punitive partner income test for the DSP, and
(ii) raise the rate of income support payments as a matter of urgency".
The Senate divided. [19:03]
(The President—Senator Lines)
The Senate divided. [19:06]
(The President—Senator Lines)
The Senate divided. [19:08]
(The President—Senator Lines)
Appropriation Bill (No. 3) 2024-2025
Appropriation Bill (No. 4) 2024-2025
Appropriation (Parliamentary Departments) Bill (No. 2) 2024-2025
That these bills be now read a first time.
(1) Clause 6, page 5 (line 4), omit "$5,080,634,000", substitute "$1,396,800,000".
(2) Schedule 2, page 11 (table item dealing with the Climate Change, Energy, the Environment and Water portfolio), omit the table item.
(3) Schedule 2, page 11 (table item dealing with the total), omit "5,080,634", substitute "1,396,800".
(4) Schedule 2, page 13 (table item dealing with the Climate Change, Energy, the Environment and Water portfolio), omit the table item, substitute:
(5) Schedule 2, page 13 (table item dealing with the total), omit the table item, substitute:
(6) Schedule 2, page 20, Climate Change, Energy, the Environment and Water Portfolio, omit the table, substitute:
(7) Schedule 2, page 21, Climate Change, Energy, the Environment and Water Portfolio, omit the table, substitute:
(8) Schedule 2, page 22, Climate Change, Energy, the Environment and Water Portfolio, omit the table, substitute:
(9) Schedule 2, page 23, Climate Change, Energy, the Environment and Water Portfolio, omit the table, substitute:
Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Bill 2024
At the end of the motion, add ", but the Senate is of the view that:
(a) Australians are increasingly concerned about the privacy and security implications of increasing use of centralised Digital IDs and other government data frameworks;
(b) My Health Record was originally promised to the Australian people as an .opt-in, opt-out, voluntary system; and
(c) sharing sensitive medical information by default to My Health Record breaches this promise to the Australian people".
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) significant barriers exist in accessing and transferring medical records for people in prisons, including minimal use of My Health Record, which disrupts continuity of care,
(ii) the National Review of First Nations Health Care in Prisons (the Review) identified urgent reforms needed to address substandard healthcare in prisons, including improving access to medical records upon entry, transfer and release,
(iii) recommendation 157 from the 1991 Royal Commission into Aboriginal Deaths in Custody (the Royal Commission) states that:
… efforts must be made by the Prison Medical Service to obtain a comprehensive medical history for the prisoner including medical records from a previous occasion of imprisonment, and where necessary, prior treatment records from hospitals and health services. In order to facilitate this process, procedures should be established to ensure that a prisoner's medical history files accompany the prisoner on transfer to other institutions and upon re-admission and that negotiations are undertaken between prison me dical, hospital and health services to establish guidelines for the transfer of such information ,
(iv) systemic issues, such as incompatible information systems, force individuals and their advocates to submit freedom of information requests to access their own medical records, further delaying appropriate care,
(v) Aboriginal Community Controlled Health Organisations are already understaffed and subjected to high administrative burdens, which will be further strained by these reforms to My Health Record,
(vi) there remains significant privacy concerns amongst the public about their digital rights relating to My Health Record; and
(b) calls on the Government to:
(i) work with States and Territories to:
(A) resolve the issues highlighted in the Review regarding medical record access and transfer in prisons, and
(B) urgently implement the Review's recommendations to improve continuity of care for people in prisons, many of which reflect recommendations from the Royal Commission still yet to be implemented; and
(ii) ensure privacy protections and cybersecurity practices adequately protect health data and prevent the unauthorised sharing of health data with third parties,
(iii) provide additional support, including financial compensation where appropriate, to smaller healthcare providers, particularly Aboriginal Community Controlled Health Organisations, for the additional staffing requirements and administrative burden associated with uploading data and complying with these reforms; and
(iv) allocate resources to ensure that consumers are aware of the changes and the much more active role they will have to play in ensuring that the information they don't want on My Health Record is not uploaded".
The Senate divided. [19:15]
(The President—Senator Lines)
SHEET 3250
That the House of Representatives be requested to make the following amendment:
(1) Schedule 1, page 26 (after line 21), after item 25, insert:
25A After subsection 19(2)
Insert:
(2A) Despite subsection (2), a medicare benefit is payable in respect of a professional service if:
(a) the professional service has been rendered by, or on behalf of, or under an arrangement with:
(i) a State or an internal Territory; or
(ii) an authority established by a law of a State or a law of an internal Territory; and
(b) the professional service has been rendered in relation to a person who is in prison or has been recently released from prison; and
(c) the professional service is of a kind specified in an instrument made under subsection (2B).
(2B) The Minister must, by legislative instrument, specify one or more kinds of professional services for the purposes of paragraph (2A)(c).
(2C) The first instrument made under subsection (2B) must be made by the end of the period of 12 months beginning on the day this subsection commences.
_____
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (1)
Amendment (1) is framed as a request because it amends the bill to increase the kinds of professional services in relation to which a Medicare benefit is payable. Specifically, it would require payments in relation to certain services provided to people in prison or recently released from prison. The amendment would therefore increase the amount of Medicare benefit payments made from the Medicare Guarantee Fund (Health) Special Account.
As the effect of this amendment is to increase payments made from the Medicare Guarantee Fund (Health) Special Account, it will increase expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013 or in certain circumstances the standing appropriation in section 18 of the Medicare Guarantee Act 2017.
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (1)
If the effect of the amendment is to increase expenditure under a standing appropriation, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
_____
SHEET 3268
(1) Schedule 2, page 44 (after line 28), after the heading specifying National Health Act 1953 , insert:
16A After subsection 100(1)
Insert:
(1AA) Without limiting subsection (1), the Minister must, by legislative instrument, make special arrangements for, or in relation to, providing that an adequate supply of pharmaceutical benefits will be available to persons who are in prison or another place of detention.
(1AB) The first instrument made under subsection (1AA) must be made by the end of the period of 12 months beginning on the day this subsection commences.
16B At the end of subsections 100(2) and (3)
Add "or (1AA)".
The Senate divided. [19:18]
(The President—Senator Lines)
Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) Robodebt was the worst failure of public administration in Australian history, raising an estimated $1.73 billion of illegitimate debts from over 430,000 vulnerable Australians,
(ii) there is widespread community outrage due to a lack of accountability and insufficient findings from completed investigations; and
(iii) the Robodebt scheme flourished because of a political and media culture that stigmatises income support recipients, and failures in public sector leadership and culture in key departments; and
(b) calls on the Albanese Government to:
(i) implement all 57 recommendations of the Robodebt Royal Commission in full to ensure that Robodebt can never happen again,
(ii) immediately release the confidential additional chapter of the Robodebt Royal Commission report,
(iii) provide the Parliament with an update regarding the status of any civil or criminal referrals made in connection with Robodebt,
(iv) reinstate the six-year limitation on debt recovery as a matter of urgency,
(v) abolish the punitive Work for the Dole and the Targeted Compliance Framework, that have propagated a culture of punishing income support recipients; and
(vi) ensure that the lessons for public sector leadership, management, culture and policy are learned by incorporating study of this failed chapter across public sector leadership education and development training".
The Senate divided. [19:22]
(The President—Senator Lines)
Electoral Legislation Amendment (Electoral Reform) Bill 2024
Unless we actually have a holistic regime, people will set up the equals, whether they be charities, third parties or the like. We need to make sure that they are equally covered with appropriate caps, disclosure and the like. Otherwise, we'll just end up with the electoral fundraising and the fight moving from parties to third parties.
The Centre for Public Integrity has long advocated for reform of our political donations laws. We have fought for greater transparency via a reduced disclosure threshold and real-time disclosure, as well as a broader definition of what constitutes a donation. We have fought for solutions to the problem of undue influence in the form of donations and expenditure caps. We have also fought for fairness, because the advantages of major-party membership and incumbency are significant and need to be compensated for in any system capping donations and spending.
It is an affront to our democratic process that the Electoral Legislation Amendment—significant, complex legislation which concerns the very foundations of our democracy—is proceeding without proper parliamentary process and scrutiny. The Government's guillotining of debate, and proceeding in the absence of a parliamentary inquiry or the advice of an independent expert panel, is of profound concern.
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) any legislation to deliver electoral reforms must strengthen democracy and not just the political fortunes of the major parties,
(ii) the Greens are concerned that the proposed reforms entrench incumbency advantages that stack outcomes in favour of the two-party system, and
(iii) the Greens continue to advocate for genuine electoral reform including getting big money out of politics, banning donations from fossil fuel corporations and other social harm industries, implementing truth in political advertising laws, strengthening the Lobbying Code of Conduct and enforcing longer post-parliamentary cooling-off periods for Ministers before they go to work for industries they were regulating; and
(b) calls on the Government to:
(i) separate the transparency measures in this bill so that Parliament can pass them as a matter of urgency, and
(ii) support an inquiry into the funding elements of the bill to allow for democratic scrutiny of its provisions".
We sleep safely in our beds protected from the claws of the banality of evil because we—
decide who governs.
Any suggestion that this bill has already been subject to proper scrutiny is completely disingenuous.
That so much of the standing orders be suspended as would prevent further consideration of the second reading stage of the Electoral Legislation Amendment (Electoral Reform) Bill 2024 without limitation of time.
That the question be now put.
The Senate divided. [20:33]
(The Acting Deputy President—Senator Fawcett)
The Senate divided. [20:37]
(The Acting Deputy President—Senator Fawcett)
Electoral Legislation Amendment (Electoral Reform) Bill 2024
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) any legislation to deliver electoral reforms must strengthen democracy and not just the political fortunes of the major parties,
(ii) the Greens are concerned that the proposed reforms entrench incumbency advantages that stack outcomes in favour of the two-party system, and
(iii) the Greens continue to advocate for genuine electoral reform including getting big money out of politics, banning donations from fossil fuel corporations and other social harm industries, implementing truth in political advertising laws, strengthening the Lobbying Code of Conduct and enforcing longer post-parliamentary cooling-off periods for Ministers before they go to work for industries they were regulating; and
(b) calls on the Government to:
(i) separate the transparency measures in this bill so that Parliament can pass them as a matter of urgency, and
(ii) support an inquiry into the funding elements of the bill to allow for democratic scrutiny of its provisions".
The Senate divided. [20:40]
(The Acting Deputy President—Senator Fawcett)
At the end of the motion, add ", but the Senate:
(a) calls on the Government to:
(i) hold a referendum to alter the Constitution so that;
(A) senators and members of the House of Representatives serve four years terms, and
(B) elections for the House of Representatives and the whole Senate must be held on the same day, and
(C) the number of senators from each State is fixed at no more than twelve, and
(D) the number of senators from the Australian Capital Territory and the Northern Territory is fixed at no more than two, and
(E) senators and members of the House of Representatives must resign from the Parliament if their party affiliation, or status as an independent, at the time of their election changes during the course of their term, and
(ii) modernise and digitise the electoral roll so that an elector is automatically marked as having voted in an election as soon as they are provided with a ballot paper as currently occurs in Queensland".
The Senate divided. [20:43]
(The Acting Deputy President—Senator Fawcett)
At the end of the motion, add ", but the Senate:
(a) the Senate notes that:
(i) the bill and the associated explanatory memorandum are together more than 400 pages long,
(ii) there has been limited parliamentary scrutiny of the more than 400 pages,
(iii) Australians expect the Senate, as the house of review, to consider legislation carefully,
(iv) in the midst of cost of living pressures, the Government is giving itself and other parties substantial increases in public funding instead of prioritising increased support to Australians who are doing it tough,
(v) the bill creates an unfair playing field, giving advantage to incumbents over new candidates by failing to give all candidates the same public funding for administrative support and failing to account for incumbent resources such as an office, staff, a vehicle and marketing budget whilst imposing a spending cap on candidates,
(vi) the bill provides disproportionate yearly administrative assistance funding to major political parties, and fails to account for any economies of scale,
(vii) the bill entrenches political party advantage over independent candidates by imposing a spending cap on individual seats while still permitting additional party advertising under a party's $90 million national cap,
(viii) the bill provisions particularly disadvantage independent candidates from diverse cultural and socio-economic backgrounds, resulting in a parliamentary system and policy outcomes less representative of a wide range of the population; and
(b) the Senate calls on the Government to:
(i) undertake an assessment of realistic administrative compliance costs under the bill, and
(ii) place a cap on administrative assistance funding to political parties to accurately reflect administrative compliance costs".
The Senate divided. [20:46]
(The Acting Deputy President—Senator Fawcett)
The Senate divided. [20:49]
(The Acting Deputy President—Senator Fawcett)
SHEET EE102
(1) Schedule 1, item 13, page 11 (before line 3), before the definition of Senate-only election , insert:
peak representative body means an entity in respect of which the following conditions are satisfied:
(a) the majority of the entity's income is payments made by the members, branches or affiliates (however described) of the entity;
(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:
(i) an officeholder of the entity who is a non-financial member, branch or affiliate of the entity; or
(ii) a person who is a non-financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or
(iii) an honorary non-financial member, branch or affiliate of the entity;
(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;
(d) the majority of the entity's income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;
(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.
Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.
(2) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:
Note: See subsection (3A) for an exception to paragraph (g).
(3) Schedule 1, item 18, page 17 (after line 7), after subsection 287AAB(3), insert:
(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party's expenditure group to another core member of the expenditure group is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.
Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).
(4) Schedule 1, item 18, page 17 (line 10), after "third party", insert "(including a peak representative body)".
(5) Schedule 1, item 18, page 17 (lines 23 to 26), omit "See especially subsection 292FA(6), which prevents the crediting of these kinds of amounts to a federal account to the extent they exceed the annual gift cap.", substitute "These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).".
(6) Schedule 1, page 21 (after line 19), after item 42, insert:
42A At the end of section 302CA
Add:
Extended meaning of gift
(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
(7) Schedule 1, page 21 (after line 23), after item 44, insert:
44A After subsection 314B(9)
Insert:
(9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
(8) Schedule 6, item 4, page 161 (line 19) to page 163 (line 19), omit subsections 292FA(4) to (6), substitute:
Obligation to credit only required or permitted amounts
(4) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that the only amounts that are credited to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of the item are the following:
(a) amounts required to be credited to a federal account kept for the purposes of that person or entity under subsection (2) or (3) of this section or another provision of this Act;
(b) amounts that are:
(i) to be used for a federal purpose; and
(ii) permitted to be credited to a federal account kept for the purposes of that person or entity under section 292FAA, 292FAB, 292FAC, 292FAD or 292FAE or another provision of this Act.
(9) Schedule 6, item 4, page 163 (after line 36), after section 292FA, insert:
292FAA Permitted credits to federal account for registered political party, State branch or nominated entity
For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary ) covered by column 2 of item 2, 3 or 7 of the table in subsection 292FA(1):
(a) interest earned on money standing to the credit of the account;
(b) a loan;
(c) a bequest;
(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity that is a core member of the same expenditure group as the account beneficiary;
(e) if the account beneficiary is a registered political party or a State branch of a registered political party—an amount paid from another federal account kept for the purposes of this Part in relation to another political party if:
(i) the account beneficiary and the other political party are related to each other within the meaning of paragraph 123(2)(a) because one is a part of the other (while not being a State branch of the other); and
(ii) the one that is a part of the other is a registered political party;
(f) an amount of a kind prescribed by the regulations for the purposes of this paragraph.
Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.
Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a registered political party, a State branch or a nominated entity if the amount is paid from the federal account of a candidate, a member of the House of Representatives, a Senator, or another registered political party, State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.
Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAB Permitted credits to federal account for registered political parties: contributions by candidates and sitting members
(1) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary ) covered by column 2 of item 2 or 3 of the table in subsection 292FA(1) if all of the following apply:
(a) the account beneficiary is a registered political party;
(b) the amount is credited to the federal account by a person (the payer ) at a time in a calendar year and is an amount of the payer's own money;
(c) at the time the amount is credited, the payer is either or both of the following:
(i) a candidate endorsed by the account beneficiary;
(ii) a member of the House of Representatives, or a Senator, who is a member of the account beneficiary;
(d) if the payer is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the payer's election campaign in the calendar year.
Note: An amount may only be credited under this section if it is for a federal purpose. The amount will be a gift (see subsection 287AAB(3A)).
(2) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:
(a) amounts paid by the payer that are covered by subsection (1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;
(b) amounts paid by the payer that are covered by subsection 292FAC(4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the payer.
Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAC Permitted credits to federal account for candidate, member or Senator
General
(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary ) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1):
(a) interest earned on money standing to the credit of the account;
(b) a loan;
(c) a bequest;
(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity, if both the other person or entity and the account beneficiary are core members of the same expenditure group;
(e) an amount of a kind prescribed by the regulations for the purposes of this paragraph.
Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.
Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a candidate, a member of the House of Representatives or a Senator if the amount is paid from the federal account of another candidate, member of the House of Representatives or Senator, or a registered political party, a State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.
Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
Contributions by independent candidates and members
(2) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary ) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:
(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;
(b) at the time the amount is credited, the account beneficiary is either or both of the following:
(i) a candidate who is not endorsed by a registered political party;
(ii) a member of the House of Representatives, or a Senator, who is not a member of a registered political party;
(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.
Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).
(3) However, the sum of amounts that are covered by subsection (2) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year.
Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
Contributions by other candidates and sitting members
(4) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary ) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:
(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;
(b) at the time the amount is credited, the account beneficiary is either or both of the following:
(i) a candidate who is endorsed by a registered political party;
(ii) a member of the House of Representatives, or a Senator, who is a member of a registered political party;
(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.
Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).
(5) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:
(a) amounts that are covered by subsection (4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;
(b) amounts that are covered by subsection 292FAB(1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to:
(i) the registered political party that endorsed the account beneficiary; or
(ii) the registered political party that the account beneficiary is a member of.
Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAD Permitted credits to federal account for significant third party, associated entity or third party
For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):
(a) interest earned on money standing to the credit of the account;
(b) a loan;
(c) a bequest;
(d) an amount of a kind prescribed by the regulations for the purposes of this paragraph.
Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.
Note 2: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc.
(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer ) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (theaccount beneficiary ) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):
(a) a subscription paid in respect of the payer's membership of the account beneficiary;
(b) an amount paid in respect of the payer's affiliation with the account beneficiary;
(c) if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.
Note: Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.
(2) However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:
(a) if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or
(b) otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.
Note: Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.
_____
SHEET EE103
(1) Schedule 1, page 17 (after line 26), after item 18, insert:
18A Subsection 287AB(1)
Repeal the subsection (not including the notes), substitute:
Dominant purpose of creating or communicating electoral matter
(1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.
18B Subsection 287AB(3)
Omit "In addition, any expenditure incurred by or with the authority of a political entity, a person or entity", substitute "Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity".
18C Subsection 287AB(3)
Omit "a member of the House of Representatives or a Senator in relation to an election is electoral expenditure , except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister", substitute "iselectoral expenditure to the extent that it is in relation to an election".
(2) Schedule 1, page 17 (after line 31), after item 19, insert:
19A After subsection 287AB(3)
Insert:
Specific electoral expenditure
(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:
(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards or any other form;
(b) expenditure on the production and distribution of electoral matter;
(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;
(d) expenditure incurred in employing staff engaged in an election campaign;
(e) expenditure incurred for office accommodation for any such staff and candidates;
(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;
(g) expenditure on research associated with an election campaign (other than in-house research);
(h) expenditure incurred in raising funds for an election;
(i) expenditure of a kind prescribed by the regulations.
Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.
Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).
Note 3: A candidate's staff includes any volunteers.
Expenditure that is not electoral expenditure
(3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.
(3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (theservice provider ):
(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or
(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.
(3) Schedule 1, item 20, page 18 (line 1), omit the heading to subsection 287AB(4).
(4) Schedule 1, item 20, page 18 (after line 11), after paragraph 287AB(4)(c), insert:
(ca) expenditure to the extent that it is administrative expenditure;
(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;
(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));
(5) Schedule 7, item 2, page 170 (lines 36 to 40), omit note 2.
(6) Schedule 7, item 2, page 171 (line 7), after "particular electoral matter", insert "or electoral matter generally".
(7) Schedule 7, item 2, page 171 (lines 19 to 22), omit subsection 287AAA(3).
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SHEET EE105
(1) Clause 2, page 2 (table item 8), after "Schedules 6", insert ", 6A".
(2) Schedule 5, item 8, page 134 (after line 18), after subsection 310(4), insert:
Details of federal administrative accounts
(4A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.
(3) Schedule 5, item 8, page 136 (after line 3), after subsection 310A(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the candidate at any time in the calendar year.
(4) Schedule 5, item 8, page 137 (after line 29), after subsection 310B(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the member or Senator at any time in the calendar year.
(5) Schedule 5, item 8, page 139 (after line 30), after subsection 310C(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.
(6) Schedule 5, item 8, page 142 (after line 34), after subsection 310D(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.
(7) Schedule 5, item 8, page 144 (after line 30), after subsection 310E(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.
(8) Schedule 5, item 8, page 146 (after line 6), after subsection 310F(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.
(9) Schedule 5, item 12, page 156 (table item 4), after "an address", insert "or details of federal administrative accounts".
(10) Page 168 (after line 4), after Schedule 6, insert:
Schedule 6A — Federal administrative accounts
Commonwealth Electoral Act 1918
1 Subsection 287(1)
Insert:
federal administrative account means an account where:
(a) the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and
(b) the only amounts withdrawn or transferred from the account are amounts:
(i) withdrawn or transferred for a federal administrative purpose; or
(ii) transferred to another federal administrative account; and
(c) the account is with an ADI within the meaning of the Banking Act 1959 ; and
(d) the account is kept in Australia.
Note: ADI is short for authorised deposit-taking institution.
Example: A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.
federal administrative purpose means the purpose of incurring:
(a) administrative expenditure; or
(b) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.
Note: See section 287AAA for the definition of administrative expenditure .
2 Subsection 287(1) (at the end of the definition of regulated entity )
Add:
; and (c) in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.
3 After section 314B
Insert:
314C Gifts made etc. for federal administrative purposes
Offering gifts
(1) Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expresslyoffered for federal administrative purposes.
Seeking gifts
(2) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expresslysought for use for federal administrative purposes.
Giving gifts
(3) Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expresslygiven for federal administrative purposes.
Receiving or keeping gifts — money
(4) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:
(a) the money is deposited into a federal administrative account as soon as practicable after the money is received; and
(b) the money is not transferred or withdrawn out of the account except:
(i) to use the money for federal administrative purposes; or
(ii) to transfer the money to another federal administrative account.
(5) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:
(a) the money is kept in a federal administrative account; and
(b) the money is not transferred or withdrawn out of the account except:
(i) to use the money for federal administrative purposes; or
(ii) to transfer the money to another federal administrative account.
(6) To avoid doubt, subsections (4) and (5) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (4)(b)(i) or (ii) or (5)(b)(i) or (ii).
Receiving or keeping gifts — gifts other than money
(7) Despite any State or Territory electoral law and despite subsection 302CA(5), a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes or federal administrative purposes.
(8) To avoid doubt, subsection (7) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal administrative purposes.
Receiving or keeping gifts — additional operation
(9) Subsections (4), (5) and (6) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal administrative purposes.
Using gifts — money
(10) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal administrative purposes if the gift has been continuouslykept in a federal administrative account since it was deposited in that account, or any other federal administrative account, in accordance with subsection (4).
Using gifts — gifts other than money
(11) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal administrative purposes if the gift has been continuouslykept for federal administrative purposes since it was received.
Using gifts — relationship with State or Territory electoral laws
(12) To avoid doubt, the fact that, as a result of subsection (10) or (11), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.
Gifts not otherwise prohibited by this Part
(13) To avoid doubt, this section applies to a gift only if this Part does not prohibit the giving, receiving or keeping of the gift.
Parts of gifts
(14) For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.
Extended meaning of gift
(15) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
314D Disclosure of amounts given etc. for federal administrative purposes
Disclosure of amounts and benefits given etc.
(1) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) if the person or entity expressly gives the amount to, or for the benefit of, a regulated entity for federal administrative purposes.
(2) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, if the person or entity expressly provides the benefit to, or for the benefit of, a regulated entity for federal administrative purposes.
Note: For the definition of non-monetary benefit , see subsection (11).
Disclosure of amounts and other benefits received
(3) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) that is received by or on behalf of the regulated entity if:
(a) the amount is deposited into a federal administrative account as soon as practicable after the amount is received; and
(b) the amount is not transferred or withdrawn out of the account except:
(i) to use the amount for federal administrative purposes; or
(ii) to transfer the amount to another federal administrative account.
(4) To avoid doubt, subsection (3) is taken never to have applied if, at any time, the amount is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (3)(b)(i) or (ii).
(5) Despite any State or Territory electoral law and despite subsection 314B(2), a regulated entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, that is received by or on behalf of the regulated entity unless the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes or federal administrative purposes.
(6) To avoid doubt, subsection (5) is taken never to have applied if, at any time, the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal administrative purposes.
(7) Subsections (3) and (5) also have the effect they would have if a reference to an amount or benefit were confined to an amount or benefit expressly given or provided for federal administrative purposes.
Disclosure of administrative expenditure
(8) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of expenditure if the expenditure is administrative expenditure.
Disclosure of debts
(9) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of a debt (except a debt incurred as a result of a loan) if the debt is incurred for federal administrative purposes.
Interpretation
(10) Despite any State or Territory electoral law, if, as a result of this section, a person or entity is not required to disclose under that law an amount, information or value referred to in this section (the federal information ), then:
(a) it is immaterial whether the federal information is required to be included in a return provided under this Part; and
(b) a total amount, or information relating to a total amount, that is required to be disclosed under that law is not required to include the federal information.
(11) A non-monetary benefit is a gift, or a good or service that is lent, that is not money.
(12) For the purposes of this section, if an action (such as giving or using) is taken in relation to a part of an amount or non-monetary benefit for a particular purpose, and that same action is taken in relation to another part of the amount or benefit for a different purpose, each part of the amount or benefit is taken to be a separate amount or benefit.
(13) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
Compulsory production provisions excluded
(14) This section does not apply in relation to any compulsory production provision in a State or Territory electoral law.
(15) A compulsory production provision in a State or Territory electoral law is a provision that confers a power on a person or body (theregulator ) to compel a particular person to disclose information (including an amount or value) for the purposes of the regulator investigating a potential contravention of that or any otherlaw.
Note: A provision that confers a power for a person or body to give a notice to produce to a regulated entity is an example of a compulsory production provision.
4 After subsection 302AE( 3)
Insert:
(3A) The account may be a federal administrative account.
5 After subsection 302AE(8)
Insert:
(8A) The account may be a federal administrative account.
6 After subsection 302AF(3)
Insert:
(3A) The account may be a federal administrative account.
7 Subsection 317(1A)
Omit "or 314B", substitute ", 314B, 314C or 314D".
8 Subsection 317(1A) (example)
After "federal account", insert "or federal administrative account".
9 Paragraph 317(2)(e)
Omit "or 314B", substitute ", 314B, 314C or 314D".
(11) Schedule 9, item 3, page 194 (after line 25), at the end of subsection 314AN(2), add:
Note: This may include a requirement to produce information or documents relating to a federal account or federal administrative account kept for the purposes of this Part.
_____
SHEET FJ101
(1) Schedule 3, page 71 (line 2), after the heading to the Schedule, insert:
Part 1 — Amendments
(2) Schedule 3, page 94 (after line 28), at the end of the Schedule, add:
Part 2 — Relationship of this Schedule with Schedule 4
11 Relationship of this Schedule with Schedule 4
(1) It is the intention of the Parliament that the amendments made by this Schedule (gift caps) and by Schedule 4 (expenditure caps) are to operate together and not to be severed from each other.
(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901 .
(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.
(3) Schedule 4, page 95 (line 2), after the heading to the Schedule, insert:
Part 1 — Amendments
(4) Schedule 4, page 129 (after line 8), at the end of the Schedule, add:
Part 2 — Relationship of this Schedule with Schedule 3
7 Relationship of this Schedule with Schedule 3
(1) It is the intention of the Parliament that the amendments made by this Schedule (expenditure caps) and by Schedule 3 (gift caps) are to operate together and not to be severed from each other.
(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901 .
(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.
_____
SHEET SC130
(1) Schedule 4, item 2, page 121 (after line 32), at the end of subsection 302AQC(1), add:
Note 3: A candidate's staff includes any volunteers.
(2) Schedule 4, item 2, page 122 (after line 11), at the end of subsection 302AQC(2), add:
Note 3: A candidate's staff includes any volunteers.
_____
SHEET SC131
(1) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:
(ga) a loan made by a core member of a registered political party's expenditure group to another core member of the expenditure group;
(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party's expenditure group to another core member of the expenditure group;
_____
SHEET SC136
(1) Schedule 3, item 1, page 71 (line 28), omit "$20,000", substitute "$50,000".
(2) Schedule 3, item 1, page 72 (line 1), omit "$20,000", substitute "$50,000".
(3) Schedule 3, item 1, page 72 (line 26), omit "$20,000", substitute "$50,000".
_____
SHEET SC138
(1) Schedule 1, item 10, page 10 (line 16), omit "$1,000", substitute "$5,000".
(2) Schedule 1, item 10, page 10 (line 17), omit "$1,000", substitute "$5,000".
Farrell told a small group how the Climate 200 convenor had approached him to complain that his proposed changes to election donation laws would entrench the two-party system and lock out challengers. "I mean," Farrell quipped, "that's the fucking point!"
SHEET EE102
(1) Schedule 1, item 13, page 11 (before line 3), before the definition of Senate-only election , insert:
peak representative body means an entity in respect of which the following conditions are satisfied:
(a) the majority of the entity's income is payments made by the members, branches or affiliates (however described) of the entity;
(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:
(i) an officeholder of the entity who is a non-financial member, branch or affiliate of the entity; or
(ii) a person who is a non-financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or
(iii) an honorary non-financial member, branch or affiliate of the entity;
(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;
(d) the majority of the entity's income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;
(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.
Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.
(2) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:
Note: See subsection (3A) for an exception to paragraph (g).
(3) Schedule 1, item 18, page 17 (after line 7), after subsection 287AAB(3), insert:
(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party's expenditure group to another core member of the expenditure group is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.
Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).
(4) Schedule 1, item 18, page 17 (line 10), after "third party", insert "(including a peak representative body)".
(5) Schedule 1, item 18, page 17 (lines 23 to 26), omit "See especially subsection 292FA(6), which prevents the crediting of these kinds of amounts to a federal account to the extent they exceed the annual gift cap.", substitute "These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).".
(6) Schedule 1, page 21 (after line 19), after item 42, insert:
42A At the end of section 302CA
Add:
Extended meaning of gift
(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
(7) Schedule 1, page 21 (after line 23), after item 44, insert:
44A After subsection 314B(9)
Insert:
(9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
(8) Schedule 6, item 4, page 161 (line 19) to page 163 (line 19), omit subsections 292FA(4) to (6), substitute:
Obligation to credit only required or permitted amounts
(4) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that the only amounts that are credited to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of the item are the following:
(a) amounts required to be credited to a federal account kept for the purposes of that person or entity under subsection (2) or (3) of this section or another provision of this Act;
(b) amounts that are:
(i) to be used for a federal purpose; and
(ii) permitted to be credited to a federal account kept for the purposes of that person or entity under section 292FAA, 292FAB, 292FAC, 292FAD or 292FAE or another provision of this Act.
(9) Schedule 6, item 4, page 163 (after line 36), after section 292FA, insert:
292FAA Permitted credits to federal account for registered political party, State branch or nominated entity
For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary ) covered by column 2 of item 2, 3 or 7 of the table in subsection 292FA(1):
(a) interest earned on money standing to the credit of the account;
(b) a loan;
(c) a bequest;
(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity that is a core member of the same expenditure group as the account beneficiary;
(e) if the account beneficiary is a registered political party or a State branch of a registered political party—an amount paid from another federal account kept for the purposes of this Part in relation to another political party if:
(i) the account beneficiary and the other political party are related to each other within the meaning of paragraph 123(2)(a) because one is a part of the other (while not being a State branch of the other); and
(ii) the one that is a part of the other is a registered political party;
(f) an amount of a kind prescribed by the regulations for the purposes of this paragraph.
Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.
Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a registered political party, a State branch or a nominated entity if the amount is paid from the federal account of a candidate, a member of the House of Representatives, a Senator, or another registered political party, State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.
Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAB Permitted credits to federal account for registered political parties: contributions by candidates and sitting members
(1) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary ) covered by column 2 of item 2 or 3 of the table in subsection 292FA(1) if all of the following apply:
(a) the account beneficiary is a registered political party;
(b) the amount is credited to the federal account by a person (the payer ) at a time in a calendar year and is an amount of the payer's own money;
(c) at the time the amount is credited, the payer is either or both of the following:
(i) a candidate endorsed by the account beneficiary;
(ii) a member of the House of Representatives, or a Senator, who is a member of the account beneficiary;
(d) if the payer is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the payer's election campaign in the calendar year.
Note: An amount may only be credited under this section if it is for a federal purpose. The amount will be a gift (see subsection 287AAB(3A)).
(2) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:
(a) amounts paid by the payer that are covered by subsection (1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;
(b) amounts paid by the payer that are covered by subsection 292FAC(4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the payer.
Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAC Permitted credits to federal account for candidate, member or Senator
General
(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary ) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1):
(a) interest earned on money standing to the credit of the account;
(b) a loan;
(c) a bequest;
(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity, if both the other person or entity and the account beneficiary are core members of the same expenditure group;
(e) an amount of a kind prescribed by the regulations for the purposes of this paragraph.
Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.
Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a candidate, a member of the House of Representatives or a Senator if the amount is paid from the federal account of another candidate, member of the House of Representatives or Senator, or a registered political party, a State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.
Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
Contributions by independent candidates and members
(2) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary ) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:
(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;
(b) at the time the amount is credited, the account beneficiary is either or both of the following:
(i) a candidate who is not endorsed by a registered political party;
(ii) a member of the House of Representatives, or a Senator, who is not a member of a registered political party;
(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.
Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).
(3) However, the sum of amounts that are covered by subsection (2) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year.
Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
Contributions by other candidates and sitting members
(4) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary ) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:
(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;
(b) at the time the amount is credited, the account beneficiary is either or both of the following:
(i) a candidate who is endorsed by a registered political party;
(ii) a member of the House of Representatives, or a Senator, who is a member of a registered political party;
(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.
Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).
(5) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:
(a) amounts that are covered by subsection (4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;
(b) amounts that are covered by subsection 292FAB(1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to:
(i) the registered political party that endorsed the account beneficiary; or
(ii) the registered political party that the account beneficiary is a member of.
Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAD Permitted credits to federal account for significant third party, associated entity or third party
For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):
(a) interest earned on money standing to the credit of the account;
(b) a loan;
(c) a bequest;
(d) an amount of a kind prescribed by the regulations for the purposes of this paragraph.
Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.
Note 2: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).
292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc.
(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer ) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (theaccount beneficiary ) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):
(a) a subscription paid in respect of the payer's membership of the account beneficiary;
(b) an amount paid in respect of the payer's affiliation with the account beneficiary;
(c) if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.
Note: Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.
(2) However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:
(a) if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or
(b) otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.
Note: Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.
_____
SHEET EE103
(1) Schedule 1, page 17 (after line 26), after item 18, insert:
18A Subsection 287AB(1)
Repeal the subsection (not including the notes), substitute:
Dominant purpose of creating or communicating electoral matter
(1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.
18B Subsection 287AB(3)
Omit "In addition, any expenditure incurred by or with the authority of a political entity, a person or entity", substitute "Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity".
18C Subsection 287AB(3)
Omit "a member of the House of Representatives or a Senator in relation to an election is electoral expenditure , except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister", substitute "iselectoral expenditure to the extent that it is in relation to an election".
(2) Schedule 1, page 17 (after line 31), after item 19, insert:
19A After subsection 287AB(3)
Insert:
Specific electoral expenditure
(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:
(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards or any other form;
(b) expenditure on the production and distribution of electoral matter;
(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;
(d) expenditure incurred in employing staff engaged in an election campaign;
(e) expenditure incurred for office accommodation for any such staff and candidates;
(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;
(g) expenditure on research associated with an election campaign (other than in-house research);
(h) expenditure incurred in raising funds for an election;
(i) expenditure of a kind prescribed by the regulations.
Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.
Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).
Note 3: A candidate's staff includes any volunteers.
Expenditure that is not electoral expenditure
(3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.
(3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (theservice provider ):
(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or
(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.
(3) Schedule 1, item 20, page 18 (line 1), omit the heading to subsection 287AB(4).
(4) Schedule 1, item 20, page 18 (after line 11), after paragraph 287AB(4)(c), insert:
(ca) expenditure to the extent that it is administrative expenditure;
(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;
(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));
(5) Schedule 7, item 2, page 170 (lines 36 to 40), omit note 2.
(6) Schedule 7, item 2, page 171 (line 7), after "particular electoral matter", insert "or electoral matter generally".
(7) Schedule 7, item 2, page 171 (lines 19 to 22), omit subsection 287AAA(3).
_____
SHEET EE105
(1) Clause 2, page 2 (table item 8), after "Schedules 6", insert ", 6A".
(2) Schedule 5, item 8, page 134 (after line 18), after subsection 310(4), insert:
Details of federal administrative accounts
(4A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.
(3) Schedule 5, item 8, page 136 (after line 3), after subsection 310A(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the candidate at any time in the calendar year.
(4) Schedule 5, item 8, page 137 (after line 29), after subsection 310B(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the member or Senator at any time in the calendar year.
(5) Schedule 5, item 8, page 139 (after line 30), after subsection 310C(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.
(6) Schedule 5, item 8, page 142 (after line 34), after subsection 310D(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.
(7) Schedule 5, item 8, page 144 (after line 30), after subsection 310E(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.
(8) Schedule 5, item 8, page 146 (after line 6), after subsection 310F(3), insert:
Details of federal administrative accounts
(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.
(9) Schedule 5, item 12, page 156 (table item 4), after "an address", insert "or details of federal administrative accounts".
(10) Page 168 (after line 4), after Schedule 6, insert:
Schedule 6A — Federal administrative accounts
Commonwealth Electoral Act 1918
1 Subsection 287(1)
Insert:
federal administrative account means an account where:
(a) the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and
(b) the only amounts withdrawn or transferred from the account are amounts:
(i) withdrawn or transferred for a federal administrative purpose; or
(ii) transferred to another federal administrative account; and
(c) the account is with an ADI within the meaning of the Banking Act 1959 ; and
(d) the account is kept in Australia.
Note: ADI is short for authorised deposit-taking institution.
Example: A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.
federal administrative purpose means the purpose of incurring:
(a) administrative expenditure; or
(b) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.
Note: See section 287AAA for the definition of administrative expenditure .
2 Subsection 287(1) (at the end of the definition of regulated entity )
Add:
; and (c) in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.
3 After section 314B
Insert:
314C Gifts made etc. for federal administrative purposes
Offering gifts
(1) Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expresslyoffered for federal administrative purposes.
Seeking gifts
(2) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expresslysought for use for federal administrative purposes.
Giving gifts
(3) Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expresslygiven for federal administrative purposes.
Receiving or keeping gifts — money
(4) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:
(a) the money is deposited into a federal administrative account as soon as practicable after the money is received; and
(b) the money is not transferred or withdrawn out of the account except:
(i) to use the money for federal administrative purposes; or
(ii) to transfer the money to another federal administrative account.
(5) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:
(a) the money is kept in a federal administrative account; and
(b) the money is not transferred or withdrawn out of the account except:
(i) to use the money for federal administrative purposes; or
(ii) to transfer the money to another federal administrative account.
(6) To avoid doubt, subsections (4) and (5) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (4)(b)(i) or (ii) or (5)(b)(i) or (ii).
Receiving or keeping gifts — gifts other than money
(7) Despite any State or Territory electoral law and despite subsection 302CA(5), a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes or federal administrative purposes.
(8) To avoid doubt, subsection (7) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal administrative purposes.
Receiving or keeping gifts — additional operation
(9) Subsections (4), (5) and (6) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal administrative purposes.
Using gifts — money
(10) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal administrative purposes if the gift has been continuouslykept in a federal administrative account since it was deposited in that account, or any other federal administrative account, in accordance with subsection (4).
Using gifts — gifts other than money
(11) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal administrative purposes if the gift has been continuouslykept for federal administrative purposes since it was received.
Using gifts — relationship with State or Territory electoral laws
(12) To avoid doubt, the fact that, as a result of subsection (10) or (11), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.
Gifts not otherwise prohibited by this Part
(13) To avoid doubt, this section applies to a gift only if this Part does not prohibit the giving, receiving or keeping of the gift.
Parts of gifts
(14) For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.
Extended meaning of gift
(15) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
314D Disclosure of amounts given etc. for federal administrative purposes
Disclosure of amounts and benefits given etc.
(1) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) if the person or entity expressly gives the amount to, or for the benefit of, a regulated entity for federal administrative purposes.
(2) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, if the person or entity expressly provides the benefit to, or for the benefit of, a regulated entity for federal administrative purposes.
Note: For the definition of non-monetary benefit , see subsection (11).
Disclosure of amounts and other benefits received
(3) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) that is received by or on behalf of the regulated entity if:
(a) the amount is deposited into a federal administrative account as soon as practicable after the amount is received; and
(b) the amount is not transferred or withdrawn out of the account except:
(i) to use the amount for federal administrative purposes; or
(ii) to transfer the amount to another federal administrative account.
(4) To avoid doubt, subsection (3) is taken never to have applied if, at any time, the amount is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (3)(b)(i) or (ii).
(5) Despite any State or Territory electoral law and despite subsection 314B(2), a regulated entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, that is received by or on behalf of the regulated entity unless the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes or federal administrative purposes.
(6) To avoid doubt, subsection (5) is taken never to have applied if, at any time, the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal administrative purposes.
(7) Subsections (3) and (5) also have the effect they would have if a reference to an amount or benefit were confined to an amount or benefit expressly given or provided for federal administrative purposes.
Disclosure of administrative expenditure
(8) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of expenditure if the expenditure is administrative expenditure.
Disclosure of debts
(9) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of a debt (except a debt incurred as a result of a loan) if the debt is incurred for federal administrative purposes.
Interpretation
(10) Despite any State or Territory electoral law, if, as a result of this section, a person or entity is not required to disclose under that law an amount, information or value referred to in this section (the federal information ), then:
(a) it is immaterial whether the federal information is required to be included in a return provided under this Part; and
(b) a total amount, or information relating to a total amount, that is required to be disclosed under that law is not required to include the federal information.
(11) A non-monetary benefit is a gift, or a good or service that is lent, that is not money.
(12) For the purposes of this section, if an action (such as giving or using) is taken in relation to a part of an amount or non-monetary benefit for a particular purpose, and that same action is taken in relation to another part of the amount or benefit for a different purpose, each part of the amount or benefit is taken to be a separate amount or benefit.
(13) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.
Compulsory production provisions excluded
(14) This section does not apply in relation to any compulsory production provision in a State or Territory electoral law.
(15) A compulsory production provision in a State or Territory electoral law is a provision that confers a power on a person or body (theregulator ) to compel a particular person to disclose information (including an amount or value) for the purposes of the regulator investigating a potential contravention of that or any otherlaw.
Note: A provision that confers a power for a person or body to give a notice to produce to a regulated entity is an example of a compulsory production provision.
4 After subsection 302AE(3)
Insert:
(3A) The account may be a federal administrative account.
5 After subsection 302AE(8)
Insert:
(8A) The account may be a federal administrative account.
6 After subsection 302AF(3)
Insert:
(3A) The account may be a federal administrative account.
7 Subsection 317(1A)
Omit "or 314B", substitute ", 314B, 314C or 314D".
8 Subsection 317(1A) (example)
After "federal account", insert "or federal administrative account".
9 Paragraph 317(2)(e)
Omit "or 314B", substitute ", 314B, 314C or 314D".
(11) Schedule 9, item 3, page 194 (after line 25), at the end of subsection 314AN(2), add:
Note: This may include a requirement to produce information or documents relating to a federal account or federal administrative account kept for the purposes of this Part.
_____
SHEET FJ101
(1) Schedule 3, page 71 (line 2), after the heading to the Schedule, insert:
Part 1 — Amendments
(2) Schedule 3, page 94 (after line 28), at the end of the Schedule, add:
Part 2 — Relationship of this Schedule with Schedule 4
11 Relationship of this Schedule with Schedule 4
(1) It is the intention of the Parliament that the amendments made by this Schedule (gift caps) and by Schedule 4 (expenditure caps) are to operate together and not to be severed from each other.
(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901 .
(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.
(3) Schedule 4, page 95 (line 2), after the heading to the Schedule, insert:
Part 1 — Amendments
(4) Schedule 4, page 129 (after line 8), at the end of the Schedule, add:
Part 2 — Relationship of this Schedule with Schedule 3
7 Relationship of this Schedule with Schedule 3
(1) It is the intention of the Parliament that the amendments made by this Schedule (expenditure caps) and by Schedule 3 (gift caps) are to operate together and not to be severed from each other.
(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901 .
(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.
_____
SHEET SC130
(1) Schedule 4, item 2, page 121 (after line 32), at the end of subsection 302AQC(1), add:
Note 3: A candidate's staff includes any volunteers.
(2) Schedule 4, item 2, page 122 (after line 11), at the end of subsection 302AQC(2), add:
Note 3: A candidate's staff includes any volunteers.
_____
SHEET SC131
(1) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:
(ga) a loan made by a core member of a registered political party's expenditure group to another core member of the expenditure group;
(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party's expenditure group to another core member of the expenditure group;
_____
SHEET SC136
(1) Schedule 3, item 1, page 71 (line 28), omit "$20,000", substitute "$50,000".
(2) Schedule 3, item 1, page 72 (line 1), omit "$20,000", substitute "$50,000".
(3) Schedule 3, item 1, page 72 (line 26), omit "$20,000", substitute "$50,000".
_____
SHEET SC138
(1) Schedule 1, item 10, page 10 (line 16), omit "$1,000", substitute "$5,000".
(2) Schedule 1, item 10, page 10 (line 17), omit "$1,000", substitute "$5,000".
The committee divided. [22:25]
(The Chair—Senator McLachlan)
(9) Schedule 5, item 8, page 154 (lines 7 to 21), section 310P to be opposed.
(10) Schedule 5, item 8, page 154 (line 22) to page 155 (line 10), section 311 to be opposed.
(13) Schedule 7, Part 1, page 169 (line 3) to page 184 (line 28), to be opposed.
SHEET 3309
(1) Schedule 1, item 8, page 8 (lines 20 to 22), paragraph beginning "Administrative assistance funding", omit the paragraph.
(2) Schedule 1, item 18, page 15 (lines 5 to 6), omit "or Division 3AA (administrative assistance funding)".
(3) Schedule 5, item 8, page 133 (lines 29 to 31), omit paragraph 310(3)(g).
(4) Schedule 5, item 8, page 134 (lines 19 to 23), omit subsection 310(5) (including the heading).
(5) Schedule 5, item 8, page 134 (lines 24 to 26), omit subsection 310(6).
(6) Schedule 5, item 8, page 137 (line 1), omit paragraph 310B(1)(c).
(7) Schedule 5, item 8, page 137 (lines 30 to 33), omit subsection 310B(4) (including the heading).
(8) Schedule 5, item 8, page 138 (lines 1 to 3), omit subsection 310B(5).
(11) Schedule 6, item 4, page 162 (line 29 to 32), omit note 3.
(12) Schedule 7, heading, page 169 (lines 1 to 2), omit "Administrative assistance funding and election", substitute "Election".
_____
SHEET 3299
(1) Clause 2, page 2 (after table item 13); insert:
(2) Page 205 (after line 19), after Schedule 9, insert:
Schedule 9A — Voter identification
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
proof of identity document has the meaning given by section 4AB.
2 After section 4AA
Insert:
4AB Definition of proof of identity document
A proof of identity document is any of the following (including any of the following in electronic form):
(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;
(b) a current Australian passport;
(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;
(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;
(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007 ;
(f) a current identification card (however described) issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;
(h) either:
(i) a current credit card or debit card issued by an Australian financial institution; or
(ii) an account statement issued by an Australian financial institution in the last 12 months;
(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;
(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;
(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:
(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or
(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993 .
Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.
Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.
3 After paragraph 200DG(1)(a)
Insert:
(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and
(ab) the voting officer is reasonably satisfied of the identity of the voter; and
4 Paragraph 200DG(2)(b)
Repeal the paragraph, substitute:
(a) any of the following apply:
(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);
(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);
(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or
5 Paragraph 200DG(2)(c)
Repeal the paragraph, substitute:
(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or
6 At the end of section 200DG
Add:
(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.
7 Section 200DI
Repeal the section, substitute:
200DI Establishing voter's identity
(1) A voting officer must:
(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).
(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the voting officer a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the voting officer.
(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(6) A voting officer must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).
Note: Section 336 deals with signing an approved form.
8 At the end of subsection 200DJ(1)
Add:
Note: Division 4 deals with pre-poll declaration votes.
9 At the end of subsection 202AB(1)
Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".
10 At the end of subsection 202AB(1A)
Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".
11 Subsection 221(3)
Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".
12 At the end of subsection 227(3)
Add:
Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.
13 Section 229 (heading)
Repeal the heading, substitute:
229 Establishing voter's identity etc.
14 Subsections 229(1) to (4)
Repeal the subsections, substitute:
(1) The presiding officer or a polling official must:
(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).
(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.
(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4A) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.
(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(4C) The presiding officer or a polling official must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).
Note: Section 336 deals with signing an approved form.
15 Paragraphs 229(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) any of the following apply:
(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);
(ii) the person refuses to answer fully any question the person is asked under subsection (2);
(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or
(b) either:
(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or
(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.
16 At the end of section 229 (after the note)
Add:
(6) If:
(a) paragraph (5)(a) or (b) applies in relation to the person; and
(b) the person is not claiming to vote as an absent voter;
the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.
17 Paragraph 231(1)(a)
Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".
18 At the end of subsection 231(1)
Add:
Note: Section 235 deals with provisional votes.
19 Paragraph 235(1)(c)
Repeal the paragraph, substitute:
(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or
20 Application provision
The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.
Referendum (Machinery Provisions) Act 1984
21 Subsection 3(1)
Insert:
proof of identity document has the meaning given by section 3AA.
22 After section 3
Insert:
3AA Definition of proof of identity document
A proof of identity document is any of the following (including any of the following in electronic form):
(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;
(b) a current Australian passport;
(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;
(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;
(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007 ;
(f) a current identification card (however described) issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;
(h) either:
(i) a current credit card or debit card issued by an Australian financial institution; or
(ii) an account statement issued by an Australian financial institution in the last 12 months;
(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;
(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;
(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:
(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or
(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993 .
Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.
Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.
23 Section 30 (heading)
Repeal the heading, substitute:
30 Establishing voter's identity etc.
24 Subsections 30(1) to (4)
Repeal the subsections, substitute:
(1) The presiding officer or a polling official must:
(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).
(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.
(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:
(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;
(b) answers by the person to questions (if any) asked under section 229 of that Act.
(4B) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.
(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(4D) The presiding officer or a polling official must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).
Note: Section 127 deals with signing an approved form.
25 Paragraphs 30(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) any of the following apply:
(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);
(ii) the person refuses to answer fully any question the person is asked under subsection (2);
(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or
(b) either:
(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or
(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.
26 At the end of section 30 (after the note)
Add:
(6) If:
(a) paragraph (5)(a) or (b) applies in relation to the person; and
(b) the person is not claiming to vote as an absent voter;
the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.
27 Section 31
Repeal the section.
28 Paragraph 33(1)(a)
Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".
29 At the end of subsection 33(1)
Add:
Note: Section 37 deals with provisional votes.
30 Paragraph 37(1)(c)
Repeal the paragraph, substitute:
(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or
31 At the end of subsection 51(3)
Add:
Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.
32 After paragraph 73CG(1)(a)
Insert:
(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and
(ab) a voting officer is reasonably satisfied of the identity of the voter; and
33 Paragraph 73CG(2)(b)
Repeal the paragraph, substitute:
(a) any of the following apply:
(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);
(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);
(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or
34 Paragraph 73CG(2)(c)
Repeal the paragraph, substitute:
(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or
35 At the end of section 73CG
Add:
(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.
36 Section 73CI
Repeal the section, substitute:
73CI Establishing voter's identity
(1) A voting officer must:
(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).
(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:
(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;
(b) answers by the person to questions (if any) asked under section 200DI of that Act.
(5) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the voting officer a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the voting officer.
(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(7) A voting officer must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).
Note: Section 127 deals with signing an approved form.
37 At the end of subsection 73CJ(1)
Add:
Note: Division 4 deals with pre-poll declaration votes.
38 At the end of subsection 73M(1)
Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".
39 At the end of subsection 73M(1A)
Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".
40 Application provision
The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.
_____
SHEET 3307
(1) Clause 2, page 2 (after table item 5), insert:
(2) Page 129 (after line 8), after Schedule 4, insert:
Schedule 4A — Pre-poll voting period
Commonwealth Electoral Act 1918
1 Subsection 200BA(1AA)
Omit "12 days before polling day", substitute "7 days before polling day".
Referendum (Machinery Provisions) Act 1984
2 Subsection 73AA(1AA)
Repeal the subsection, substitute:
(1AA) The day, or the earliest of the days, declared under paragraph (1)(b) must not be earlier than the day that is 7 days before the voting day for the referendum.
_____
SHEET 3308
(1) Clause 2, page 2 (after table item 7), insert:
(2) Page 158 (after line 5), after Schedule 5, insert:
Schedule 5A — Postal voting
Commonwealth Electoral Act 1918
1 After subsection 195A(2)
Insert:
(2A) If the date of receipt is a date after the Friday immediately preceding polling day, the DRO or officer must:
(a) immediately cancel the postal ballot paper or papers contained in the envelope; and
(b) write "discarded postal ballot paper or papers" on the back of the envelope; and
(c) sign the envelope.
(2B) The envelopes containing discarded postal ballot papers that have been cancelled under subsection (2A) must be bundled up and given to the DRO for the Division after the close of the poll.
2 Subsection 195A(5)
Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".
3 Subsection 195A(6)
Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".
Referendum (Machinery Provisions) Act 1984
4 After subsection 67(2)
Insert:
(2A) If the date of receipt is a date after the Friday immediately preceding polling day, the DRO or officer must:
(a) immediately cancel the postal ballot paper or papers contained in the envelope; and
(b) write "discarded postal ballot paper or papers" on the back of the envelope; and
(c) sign the envelope.
(2B) The envelopes containing discarded postal ballot papers that have been cancelled under subsection (2A) must be bundled up and given to the DRO for the Division after the close of the poll.
5 Subsection 67(5)
Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".
6 Subsection 67(6)
Omit "If an envelope", substitute "Subject to subsection (2A), if an envelope".
_____
SHEET 3310
(1) Clause 2, page 2 (after table item 11), insert:
(2) Page 191 (after line 6), after Schedule 8, insert:
Schedule 8A — Amendments to electoral offences relating to how-to-vote cards
Commonwealth Electoral Act 1918
1 Subsection 335(1)
Repeal the subsection, substitute:
(1) A person shall not, except for the purposes of section 234, exhibit or leave in any polling booth:
(a) a how-to-vote card; or
(b) any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting;
unless the how-to-vote card or the card or paper is exhibited on the wall of the polling booth directly facing one or more entrances to the booth.
Penalty: 5 penalty units.
2 After subsection 340(1A)
Insert:
(1B) A person commits an offence if:
(a) the person engages in any of the following activities:
(i) distributing how-to-vote cards;
(ii) distributing card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting;
(b) the activity is engaged in at an entrance to, or in any place (whether public or private) within 500 meters of an entrance to:
(i) a polling booth at which voting in the election is taking place; or
(ii) a pre-poll voting office at which applications for pre-poll voters may be made, or pre-poll ordinary voting is available, for the election; and
(c) the activity is engaged in:
(i) in relation to a polling booth—on polling day or on a day to which the polling is adjourned for the election; or
(ii) in relation to a pre-poll voting office—at any time during which applications for pre-poll votes may be made, or pre-poll ordinary voting is available, at the office.
Penalty: 5 penalty units.
3 Subsection 340(2)
Omit "or (1A)(ba)", substitute ", (1A)(ba) or (1B)(c)".
Referendum (Machinery Provisions) Act 1984
4 Subsection 126(1)
Repeal the subsection, substitute:
(1) A person shall not, except for the purposes of section 36, exhibit or leave in any polling booth any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting unless the card or paper is exhibited on the wall of the polling booth directly facing one or more entrances to the booth.
Penalty: 5 penalty units.
5 After subsection 131(1A)
Insert:
(1B) A person commits an offence if:
(a) the person distributes card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting; and
(b) the activity mentioned in paragraph (a) is engaged in at an entrance to, or in any place (whether public or private) within 500 meters of an entrance to:
(i) a polling booth at which voting in the referendum is taking place; or
(ii) a pre-poll voting office at which applications for pre-poll voters may be made, or pre-poll ordinary voting is available, for the referendum; and
(c) the activity mentioned in paragraph (a) is engaged in:
(i) in relation to a polling booth—on polling day or on a day to which the polling is adjourned for the referendum; or
(ii) in relation to a pre-poll voting office—at any time during which applications for pre-poll votes may be made, or pre-poll ordinary voting is available, at the office.
Penalty: 5 penalty units.
6 Subsection 131(2)
Omit "(1A)(ba)", substitute "(1A)(ba) or (1B)(c)".
The committee divided. [22:30]
(The Chair—Senator McLachlan)
(1) Clause 1, page 1 (lines 6 and 7), omit " Electoral Reform ", substitute "Sham Democracy ".
The committee divided. [22:34]
(The Chair—Senator McLachlan)
SHEET 3198
(1) Clause 1, page 1 (lines 6 and 7), omit " Electoral Reform ", substitute "Snouts in the Trough ".
_____
SHEET 3317
(1) Page 94 (after line 28), after Schedule 3, insert:
Schedule 3A — Prohibiting donations from gambling, liquor and tobacco industries
Commonwealth Electoral Act 1918
1 Before Division 5B of Part XX
Insert:
Division 5AA — Prohibited donations
314AGA Definitions
In this Division:
close associate of a corporation means each of the following:
(a) a director or officer of the corporation or the spouse of such a director or officer;
(b) a related body corporate of the corporation;
(c) a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20%, or the spouse of such a person;
(d) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to that stapled security;
(e) if the corporation is a trustee, manager or responsible entity in relation to a trust—a person who holds more than 20% of the units in the trust (in the case of a unit trust) or is a beneficiary of the trust (in the case of a discretionary trust).
electoral expenditure has the same meaning as in Division 5.
gambling industry business entity means:
(a) a corporation engaged in a business undertaking that involves wagering, betting or other gambling (including the manufacture of machines used primarily for that purpose); or
(b) a person who is a close associate of a corporation referred to in paragraph (a).
liquor industry business entity means:
(a) a corporation engaged in a business undertaking that involves the manufacture or sale of liquor products; or
(b) a person who is a close associate of a corporation referred to in paragraph (a).
officer , in relation to a corporation, has the same meaning as in theCorporations Act 2001 .
political donation has the meaning given by section 314AGB.
prohibited donation , for a relevant donor, has the meaning given by section 314AGC.
related body corporate has the same meaning as in theCorporations Act 2001 .
relevant donor means:
(a) a gambling industry business entity; or
(b) a liquor industry business entity; or
(c) a tobacco industry business entity.
spouse of a person includes a de facto partner of that person.
Note: For de facto partner , see section 21 of theActs Interpretation Act 1901 .
stapled entity means an entity the interests in which are traded along with the interests in another entity as stapled securities and (in the case of a stapled entity that is a trust) includes any trustee, manager or responsible entity in relation to the trust.
State branch includes a division of a State branch.
tobacco industry business entity means:
(a) a corporation engaged in a business undertaking that involves the manufacture or sale of tobacco or inhaled nicotine products; or
(b) a person who is a close associate of a corporation referred to in paragraph (a).
voting power has the same meaning as in theCorporations Act 2001 .
314AGB Meaning of political donation
Each of the following is a political donation :
(a) a gift made to or for the benefit of a political party or a State branch of a political party;
(b) a gift made to or for the benefit of a member of the Commonwealth Parliament;
(c) a gift made to or for the benefit of a candidate (including a member of a group);
(d) a gift made to or for the benefit of an associated entity of a registered political party;
(e) a gift made to or for the benefit of a significant third party;
(f) a gift made to or for the benefit of an entity or other person (not being a party, elected member, group or candidate), the whole or part of which was used or is intended to be used by the entity or person:
(i) to enable the entity or person to make, directly or indirectly, a political donation or to incur electoral expenditure in relation to an election;
(ii) to reimburse the entity or person for making, directly or indirectly, a political donation or incurring electoral expenditure in relation to an election;
(g) a loan:
(i) that, if it had been a gift, would have been a political donation under this section; and
(ii) that was not made by a financial institution (within the meaning of section 306A).
314AGC Meaning of prohibited donation
A political donation is a prohibited donation for a relevant donor if the relevant donor is:
(a) a gambling industry business entity; or
(b) a liquor industry business entity; or
(c) a tobacco industry business entity.
314AGD Prohibited donations by relevant donors unlawful
(1) It is unlawful for a relevant donor to make a political donation that is a prohibited donation for the relevant donor.
(2) It is unlawful for a person to make a political donation on behalf of a relevant donor if the political donation is a prohibited donation for the relevant donor.
(3) It is unlawful for a person to accept a political donation that was made (wholly or partly) by a relevant donor, or by a person on behalf of a relevant donor, if the political donation is a prohibited donation for the relevant donor.
(4) It is unlawful for a relevant donor to solicit another person to make a political donation that is a prohibited donation for the relevant donor.
(5) It is unlawful for a person to solicit another person on behalf of a relevant donor to make a political donation that is a prohibited donation for the relevant donor.
(6) If a person receives a gift that, under this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against:
(a) in the case of a gift to or for the benefit of a political party or a State branch of a political party:
(i) if the party or branch, as the case may be is a body corporate—the party or branch, as the case may be; or
(ii) in any other case—the agent of the party or branch, as the case may be; or
(b) in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.
314AGE Offences — prohibited donations
(1) A person (the defendant ) commits an offence if:
(a) the defendant is a relevant donor; and
(b) the defendant makes a gift; and
(c) the gift is a prohibited donation for the relevant donor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) A person (the defendant ) commits an offence if:
(a) the defendant makes a gift on behalf of another person; and
(b) the other person is a relevant donor; and
(c) the gift is a prohibited donation for the relevant donor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(3) A person (the defendant ) commits an offence if:
(a) the defendant accepts a gift; and
(b) the gift was given (wholly or partly) by, or by a person on behalf of, a relevant donor; and
(c) the gift is a prohibited donation for the relevant donor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(4) A person (the defendant ) commits an offence if:
(a) the defendant is a relevant donor; and
(b) the defendant solicits another person to make a gift; and
(c) the gift is, or would be, a prohibited donation for the relevant donor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(5) A person (the defendant ) commits an offence if:
(a) the defendant solicits another person to make a gift; and
(b) the defendant does so on behalf of another person (the donor ); and
(c) the donor is a relevant donor; and
(d) the gift is, or would be, a prohibited donation for the relevant donor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
Fault element
(6) The fault element for the following paragraphs is knowledge by the defendant:
(a) paragraphs (1)(a) and (c);
(b) paragraphs (2)(b) and (c);
(c) paragraphs (3)(b) and (c);
(d) paragraphs (4)(a) and (c);
(e) paragraphs (5)(c) and (d).
Civil penalty
(7) A person is liable to a civil penalty if the person contravenes any of subsections (1) to (5).
Civil penalty:
The higher of the following amounts:
(a) 400 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount of value, of the gift at the time the gift is made—3 times that amount or value.
314AGF Offence — scheme to circumvent prohibitions
(1) A person commits an offence if the person enters into or carries out a scheme (whether alone or with others) for the purpose of circumventing a prohibition or requirement of this Division.
Penalty: Imprisonment for 2 years.
(2) It does not matter whether the person also enters into or carries out the scheme for other purposes.
(3) In this section:
scheme includes an arrangement, an understanding or a course of conduct.
314AGG Electoral Commission may determine that a person is presumed not to be a relevant donor
(1) The Electoral Commission may determine, in writing, that a person (the donor ) is presumed not to be a relevant donor for the purposes of this Division if:
(a) a donor or another person (the applicant ) applies to the Commission for the determination to be made; and
(b) the Commission is satisfied that it is more likely than not that the donor is not a relevant donor.
(2) The Electoral Commission can decide whether or not to make a determination under subsection (1) on the basis of information provided by the applicant and their own inquiries.
(3) A determination under subsection (1) remains in force for 12 months after it is made, unless it is revoked earlier.
(4) The Electoral Commission may, by written notice to the applicant, revoke a determination under subsection (1) if the Commission is no longer satisfied of the matter in paragraph (1)(b). Subsection (2) does not apply to a decision of whether or not to revoke a determination under this subsection.
Effect of presumption
(5) If a person is, under a determination made under subsection (1), presumed not to be a relevant donor, then sections 314AGD, 314AGE and 314AGF do not apply in relation to a gift made by or on behalf of the person.
(6) However, subsection (5) does not apply to a person who knows that information provided to the Electoral Commission in connection with the making of the determination was false or misleading in a material particular.
(7) The onus of proving that a person is not presumed not to be a relevant donor under a determination made under subsection (1) is born by:
(a) in proceedings under section 314AGD—the Commonwealth; or
(b) in proceedings for an offence against section 314AGE or 314AGF—the prosecution.
Register of determinations
(8) The Electoral Commission must maintain, and publish on the Commission's website, a register of determinations made under subsection (1).
Determination is not a legislative instrument
(9) A determination made under subsection (1) is not a legislative instrument.
2 Subsection 315A(1)
After "or subsection 301(3)", insert "or 314AGD(6)".
The committee divided. [22:38]
(The Chair—Senator McLachlan)
SHEET 3187
(1) Clause 1, page 1 (lines 6 and 7), omit " Electoral Reform ", substitute "Compromising Our Rightful Representation and Undermining Political Trust ".
_____
SHEET 3266
(1) Clause 2, page 3 (table item 14), omit "10 and 11", substitute "10, 11 and 12".
(2) Page 221 (after line 29), at the end of the Bill, add:
Schedule 12 — Ceasing allowances for former members
Parliamentary Business Resources Act 2017
1 Paragraph 3(2)(a)
Repeal the paragraph.
2 Paragraph 3(2)(aa)
Omit "in recognition that the resources mentioned in paragraph (a) will not be provided".
3 Section 13
Omit "A former member may be paid allowances and expenses relating to ceasing to be a member, as determined by the Remuneration Tribunal.".
4 Section 15 (heading)
Omit "former members and".
5 Subsection 15(1)
Repeal the subsection.
6 Subsection 15(2)
Omit "(2)".
7 Subsection 15(2)
Omit "in recognition that allowances are not payable to such persons under subsection (1) of this section".
8 Section 46
Repeal the section.
9 Subsection 46A(1)
Omit "(1)".
10 Subsections 46A(2) and (3)
Repeal the subsections.
11 Application and transitional provision
(1) The amendments of the Parliamentary Business Resources Act 2017 made by this Schedule apply in relation to a person who is a former member if the person ceases to be a member on or after the commencement of this item.
(2) Despite the repeal of subsection 15(1) and section 46 of the Parliamentary Business Resources Act 2017 by this Schedule, Part 4 ofthe Remuneration Tribunal (Members of Parliament) Determination 2024 , as in force before the commencement of this item, continues to apply on and after that commencement to a person who is a former member if the person ceases to be a member before that commencement.
The committee divided. [22:41]
(The Chair—Senator McLachlan)
SHEET 3158
(1) Clause 2, page 2 (after table item 13), insert:
(2) Page 205 (after line 19), after Schedule 9, insert:
Schedule 9A — Fair territory representation
Commonwealth Electoral Act 1918
1 Subsections 40(1) to (3)
Repeal the subsections, substitute:
(1) The Australian Capital Territory and the Northern Territory are each to be represented in the Senate by senators for the Territory directly chosen by the people of the Territory voting as one electorate.
(2) The number of senators for each of these Territories is to be half of the number of senators for a State (rounded up or down to the nearest whole number (rounding up if the number ends in .5)).
2 Sections 42 and 43
Repeal the sections, substitute:
42 Term of service of a senator for a Territory
(1) Section 13 of the Constitution applies in relation to a senator for the Australian Capital Territory or the Northern Territory as if:
(a) a reference in that section to a State included a reference to the Territory; and
(b) a reference in that section to:
(i) when the Senate first meets; or
(ii) the first election;
included a reference to the first Senate election held after the commencement of this subsection.
(2) The term of service of a senator for any other Territory:
(a) commences on the day of the senator's election; and
(b) ends on the day immediately before the polling day for the next general election.
43 Times of elections of senators for Territories
(1) The times of elections of the senators for the Australian Capital Territory or the Northern Territory are to be determined in a corresponding way to the way determined for the senators for a State.
(2) An election of the senators for any other Territory is to be held at the same time as each general election.
3 Application of amendments
Subsection 40(2) of the Commonwealth Electoral Act 1918 (as inserted by this Schedule) applies for, and on and after, the first Senate election held after the commencement of this Schedule.
_____
SHEET 3199
(1) Clause 1, page 1 (lines 6 and 7), omit " Electoral Reform ", substitute "Reducing Electoral Competition to Stitch-up Major Party Duopoly ".
The committee divided. [22:44]
(The Chair—Senator McLachlan)
SHEET 3189
(12) Schedule 4, page 95 (line 1) to page 129 (line 8), to be opposed.
(25) Schedule 5, item 8, page 152 (line 1) to page 153 (line 18), section 310M to be opposed.
(28) Schedule 8, item 3, page 189 (lines 15 to 18), to be opposed.
____
SHEET 3192
(3) Schedule 6, items 5 to 11, page 167 (line 8) to page 168 (line 4), to be opposed.
(5) Schedule 8, page 189 (lines 19 to 22), item 4 to be opposed.
SHEET 3188
(1) Schedule 3, item 2, page 75 (after line 14), after subsection 302BA(3), insert:
(3A) Subsections (1) to (3) are subject to Subdivision AD (gifts that do not exceed gift caps).
(2) Schedule 3, item 2, page 87 (after line 31), after subsection 302CI(3), insert:
(3A) Subsections (2) and (3) are subject to Subdivision AD (gifts that do not exceed gift caps).
(3) Schedule 3, item 2, page 89 (after line 32), after subsection 302CJ(4), insert:
(4A) Subsections (3) and (4) are subject to Subdivision AD (gifts that do not exceed gift caps).
(4) Schedule 3, item 5, page 91 (after line 12), after Subdivision AC, insert:
Subdivision AD — Gifts that do not exceed gift caps
302CL Definitions
In this Subdivision:
electoral cycle means a period:
(a) beginning on the day on which the writs for a general election are issued; and
(b) ending immediately before the day on which the writs for the next general election are issued.
Government party means a registered political party that:
(a) forms part of the Government; or
(b) if the House of Representatives is expired or dissolved—formed part of the Government immediately before the expiration or dissolution.
maximum gift amount , on a day, means the amount that is the greater of the following:
(a) the sum of the amounts or values of all of the annual gifts, by-election gifts and Senate-only election gifts made to every Government party during the period:
(i) beginning when the writs for the most recent general election were issued; and
(ii) ending at the end of that day;
(b) the sum of the amounts or values of all of the annual gifts, by-election gifts and Senate-only election gifts made to every Opposition party during the period:
(i) beginning when the writs for the most recent general election were issued; and
(ii) ending at the end of that day.
Opposition party means a registered political party that:
(a) forms part of the Opposition; or
(b) if the House of Representatives is expired or dissolved—formed part of the Opposition immediately before the expiration or dissolution.
302CM When a gift does not exceed a gift cap
(1) For the purposes of this Division, and despite anything in Subdivision AA, AB or AC:
(a) an annual gift to which subsection (2) applies does not:
(i) exceed the annual gift cap; or
(ii) exceed the overall gift cap; or
(iii) exceed the State and Territory gift cap; and
(b) a by-election gift to which subsection (2) applies does not exceed the by-election gift cap; and
(c) a Senate-only election gift to which subsection (2) applies does not exceed the Senate-only election gift cap.
(2) This subsection applies to an annual gift, a by-election gift or a Senate-only election gift if:
(a) the gift is made to a person or entity (the recipient ) mentioned in column 1 of an item in the following table on a day during an electoral cycle; and
(b) neither of the following applies:
(i) the amount or value of the gift is more than the maximum gift amount on that day;
(ii) the amount or value of the gift, when added to the amount or value of each previous annual gift, by-election gift and Senate-only election gift (if any) made during the same electoral cycle to the person or entity (the receiving party ) mentioned in column 2 of that item, results in an amount or value that is more than the maximum gift amount on that day.
_____
SHEET 3189
(1) Clause 2, page 2 (table item 5, column 1), omit "2 to 4", substitute "2 and 3".
(2) Schedule 1, item 8, page 8 (lines 23 to 28), omit the paragraph beginning "Broadly, political entities".
(3) Schedule 1, item 8, page 8 (lines 29 to 31), omit the paragraph beginning "There are also caps".
(4) Schedule 1, item 8, page 8 (line 32), omit "The caps are indexed each year.".
(5) Schedule 1, item 9, page 10 (lines 12 and 13), omit the definition of core member in subsection 287(1).
(6) Schedule 1, item 11, page 10 (lines 20 and 21), omit the definition of expenditure group in subsection 287(1).
(7) Schedule 1, item 17, page 13 (lines 17 to 18), omit ", and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB)".
(8) Schedule 1, item 18, page 14 (lines 33 to 36), omit paragraph 287AAB(3)(g).
(9) Schedule 1, item 18, page 15 (lines 13 to 22), omit paragraph 287AAB(3)(m), substitute:
(m) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between an associated entity and any branch of the associated entity;
(10) Schedule 1, item 18, page 15 (lines 32 to 37), omit paragraph 287AAB(3)(o).
(11) Schedule 1, item 20, page 18 (lines 6 to 8), omit paragraph 287AB(4)(b).
(13) Schedule 5, item 8, page 131 (line 27), omit the definition of by-election period in section 308, substitute:
by-election period , for a by-election, means the period:
(a) beginning on the day the writs for the by-election are issued; and
(b) ending on the polling day for the by-election.
(14) Schedule 5, item 8, page 132 (lines 1 and 2), omit the definition of Senate-only election period in section 308, substitute:
Senate-only election period , for a Senate-only election, means the period:
(a) beginning on the day the writs for the election are issued; and
(b) ending on the polling day for the election.
(15) Schedule 5, item 8, page 132 (line 3), omit the definition of targeted in section 308.
(16) Schedule 5, item 8, page 133 (lines 21 and 22), omit ", together with the details required by section 310M".
(17) Schedule 5, item 8, page 135 (lines 29 and 30), omit ", together with the details required by section 310M".
(18) Schedule 5, item 8, page 137 (lines 22 and 23), omit ", together with the details required by section 310M".
(19) Schedule 5, item 8, page 139 (lines 19 and 20), omit ", together with the details required by section 310M".
(20) Schedule 5, item 8, page 142 (lines 24 and 25), omit ", together with the details required by section 310M".
(21) Schedule 5, item 8, page 144 (lines 20 and 21), omit ", together with the details required by section 310M".
(22) Schedule 5, item 8, page 145 (lines 28 and 29), omit ", together with the details required by section 310M".
(23) Schedule 5, item 8, page 147 (lines 28 and 29), omit ", together with the details required by section 310M".
(24) Schedule 5, item 8, page 149 (lines 17 and 18), omit ", together with the details required by section 310M".
(26) Schedule 6, item 4, page 162 (lines 12 to 14), omit paragraph 292FA(5)(e).
(27) Schedule 7, item 2, page 170 (line 40), omit "and counts towards the expenditure caps in Division 3AB".
(29) Schedule 9, item 10, page 202 (lines 15 and 16), omit subparagraph 314AS(1)(b)(ii).
(30) Schedule 9, item 10, page 203 (lines 26 and 27), omit subparagraph 314AT(1)(b)(ii).
_____
SHEET 3192
(1) Schedule 1, item 8, page 8 (lines 12 to 19), omit all the words from and including "Registered" to and including "election).".
(2) Schedule 6, item 4, page 161 (lines 11 to 18), omit subsection 292FA(3).
(4) Schedule 7, page 169 (line 1) to page 188 (line 29), omit the Schedule, substitute:
Schedule 7 — Abolishing public funding
Commonwealth Electoral Act 1918
1 Part XX (heading)
Omit "Election funding and financial", substitute "Financial".
2 Section 286A
Omit:
Registered political parties, candidates and groups may be entitled to election funding. The election funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election.
3 Subsection 287(1) (definition of gift )
Omit paragraph (a).
4 Paragraph 287AB(1)(a)
Omit "(except under Division 3 (election funding))".
5 Paragraph 287AB(3)
Omit "(except under Division 3 (election funding))".
6 Section 287V (paragraph beginning "The agents")
Omit "The agents are responsible for making claims for election funding under Division 3."
7 Division 3 of Part XX
Omit the Division.
8 Section 315
Omit the section, substitute:
315 Requirement to refund payments
If:
(a) a person is convicted of an offence under section 137.1 of the Criminal Code in relation to the giving of a return or the making of a claim under this Part; or
(b) a civil penalty order is made against a person in relation to a contravention of a civil penalty provision in this Part;
a court of competent jurisdiction may, in addition to imposing a penalty under section 137.1 or making the civil penalty order, order the person to refund to the Commonwealth the amount or value of any gift made in contravention of this Part.
9 Subsection 315A
Omit "section 299 or 302Q or subsection 301(3)", substitute "section 302Q".
10 Subsection 320(1) (table items 1 to 3)
Omit the table items.
11 Section 321 (definition of relevant amount )
Omit the definition, substitute:
relevant amount means an amount specified in the definition ofgroup amount in subsection 287(1).
12 Paragraph 321(6)(b)
Omit the paragraph, substitute:
(b) a relevant amount.
13 Transitional rules
Schedule 11 to this Act (which deals with transitional rules) does not apply to an amendment or repeal made by this Schedule.
_____
SHEET 3218
(1) Clause 2, page 2 (after table item 13), insert:
(2) Page 205 (after line 19), after Schedule 9, insert:
Schedule 9A — Voter identification
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
proof of identity document has the meaning given by section 4AB.
2 After section 4AA
Insert:
4AB Definition of proof of identity document
A proof of identity document is any of the following (including any of the following in electronic form):
(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;
(b) a current Australian passport;
(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;
(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;
(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007 ;
(f) a current identification card (however described) issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;
(h) either:
(i) a current credit card or debit card issued by an Australian financial institution; or
(ii) an account statement issued by an Australian financial institution in the last 12 months;
(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;
(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;
(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:
(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or
(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993 .
Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.
Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.
3 After paragraph 200DG(1)(a)
Insert:
(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and
(ab) the voting officer is reasonably satisfied of the identity of the voter; and
4 Paragraph 200DG(2)(b)
Repeal the paragraph, substitute:
(a) any of the following apply:
(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);
(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);
(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or
5 Paragraph 200DG(2)(c)
Repeal the paragraph, substitute:
(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or
6 At the end of section 200DG
Add:
(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.
7 Section 200DI
Repeal the section, substitute:
200DI Establishing voter's identity
(1) A voting officer must:
(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).
(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the voting officer a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the voting officer.
(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(6) A voting officer must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).
Note: Section 336 deals with signing an approved form.
8 At the end of subsection 200DJ(1)
Add:
Note: Division 4 deals with pre-poll declaration votes.
9 At the end of subsection 202AB(1)
Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".
10 At the end of subsection 202AB(1A)
Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".
11 Subsection 221(3)
Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".
12 At the end of subsection 227(3)
Add:
Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.
13 Section 229 (heading)
Repeal the heading, substitute:
229 Establishing voter's identity etc.
14 Subsections 229(1) to (4)
Repeal the subsections, substitute:
(1) The presiding officer or a polling official must:
(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).
(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.
(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4A) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.
(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(4C) The presiding officer or a polling official must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).
Note: Section 336 deals with signing an approved form.
15 Paragraphs 229(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) any of the following apply:
(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);
(ii) the person refuses to answer fully any question the person is asked under subsection (2);
(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or
(b) either:
(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or
(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.
16 At the end of section 229 (after the note)
Add:
(6) If:
(a) paragraph (5)(a) or (b) applies in relation to the person; and
(b) the person is not claiming to vote as an absent voter;
the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.
17 Paragraph 231(1)(a)
Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".
18 At the end of subsection 231(1)
Add:
Note: Section 235 deals with provisional votes.
19 Paragraph 235(1)(c)
Repeal the paragraph, substitute:
(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or
20 Application provision
The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.
Referendum (Machinery Provisions) Act 1984
21 Subsection 3(1)
Insert:
proof of identity document has the meaning given by section 3AA.
22 After section 3
Insert:
3AA Definition of proof of identity document
A proof of identity document is any of the following (including any of the following in electronic form):
(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;
(b) a current Australian passport;
(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;
(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;
(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007 ;
(f) a current identification card (however described) issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;
(h) either:
(i) a current credit card or debit card issued by an Australian financial institution; or
(ii) an account statement issued by an Australian financial institution in the last 12 months;
(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;
(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;
(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:
(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or
(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993 .
Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.
Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.
23 Section 30 (heading)
Repeal the heading, substitute:
30 Establishing voter's identity etc.
24 Subsections 30(1) to (4)
Repeal the subsections, substitute:
(1) The presiding officer or a polling official must:
(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).
(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.
(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:
(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;
(b) answers by the person to questions (if any) asked under section 229 of that Act.
(4B) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.
(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(4D) The presiding officer or a polling official must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).
Note: Section 127 deals with signing an approved form.
25 Paragraphs 30(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) any of the following apply:
(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);
(ii) the person refuses to answer fully any question the person is asked under subsection (2);
(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or
(b) either:
(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or
(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.
26 At the end of section 30 (after the note)
Add:
(6) If:
(a) paragraph (5)(a) or (b) applies in relation to the person; and
(b) the person is not claiming to vote as an absent voter;
the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.
27 Section 31
Repeal the section.
28 Paragraph 33(1)(a)
Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".
29 At the end of subsection 33(1)
Add:
Note: Section 37 deals with provisional votes.
30 Paragraph 37(1)(c)
Repeal the paragraph, substitute:
(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or
31 At the end of subsection 51(3)
Add:
Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.
32 After paragraph 73CG(1)(a)
Insert:
(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and
(ab) a voting officer is reasonably satisfied of the identity of the voter; and
33 Paragraph 73CG(2)(b)
Repeal the paragraph, substitute:
(a) any of the following apply:
(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);
(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);
(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or
34 Paragraph 73CG(2)(c)
Repeal the paragraph, substitute:
(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or
35 At the end of section 73CG
Add:
(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.
36 Section 73CI
Repeal the section, substitute:
73CI Establishing voter's identity
(1) A voting officer must:
(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).
(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:
(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;
(b) answers by the person to questions (if any) asked under section 200DI of that Act.
(5) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the voting officer a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the voting officer.
(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(7) A voting officer must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).
Note: Section 127 deals with signing an approved form.
37 At the end of subsection 73CJ(1)
Add:
Note: Division 4 deals with pre-poll declaration votes.
38 At the end of subsection 73M(1)
Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".
39 At the end of subsection 73M(1A)
Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".
40 Application provision
The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.
41 Transitional rules
Schedule 11 to this Act (which deals with transitional rules) does not apply to an amendment or repeal made by this Schedule.
SHEET 3190
(1) Clause 2, page 2 (after table item 13), insert:
(2) Page 205 (after line 19), after Schedule 9, insert:
Schedule 9A — Voter identification
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
proof of identity document has the meaning given by section 4AB.
2 After section 4AA
Insert:
4AB Definition of proof of identity document
A proof of identity document is any of the following (including any of the following in electronic form):
(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;
(b) a current Australian passport;
(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;
(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;
(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007 ;
(f) a current identification card (however described) issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;
(h) either:
(i) a current credit card or debit card issued by an Australian financial institution; or
(ii) an account statement issued by an Australian financial institution in the last 12 months;
(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;
(j) a notice issued by the Electoral Commissioner under this Act notifying a person of the person's enrolment;
(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:
(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or
(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993 .
Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.
Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.
3 After paragraph 200DG(1)(a)
Insert:
(aa) a request made of the voter under paragraph 200DI(1)(a) is satisfied in accordance with subsection 200DI(4); and
(ab) the voting officer is reasonably satisfied of the identity of the voter; and
4 Paragraph 200DG(2)(b)
Repeal the paragraph, substitute:
(a) any of the following apply:
(i) a request made of the voter under paragraph 200DI(1)(a) is not satisfied in accordance with subsection 200DI(4);
(ii) the voter refuses to answer fully any question the voter is asked under subsection 200DI(2);
(iii) the voter answers a question under paragraph 200DI(1)(b) so as to indicate that the voter has voted before in the relevant election or elections (as the case requires); or
5 Paragraph 200DG(2)(c)
Repeal the paragraph, substitute:
(c) the voting officer who made the request under paragraph 200DI(1)(a) is not reasonably satisfied of the identity of the voter; or
6 At the end of section 200DG
Add:
(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.
7 Section 200DI
Repeal the section, substitute:
200DI Establishing voter's identity
(1) A voting officer must:
(a) request each person attending before the voting officer, and claiming to vote in an election or elections (as the case requires), to produce to the voting officer a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).
(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the voting officer a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (5);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the voting officer.
(5) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(6) A voting officer must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(7) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (6)(c)(i) or (ii).
Note: Section 336 deals with signing an approved form.
8 At the end of subsection 200DJ(1)
Add:
Note: Division 4 deals with pre-poll declaration votes.
9 At the end of subsection 202AB(1)
Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".
10 At the end of subsection 202AB(1A)
Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".
11 Subsection 221(3)
Omit "unless a person shows by his or her answers to the questions under section 200DI or 229 that he or she is not entitled to vote", substitute "subject to the application of section 200DG or 229 in relation to a person".
12 At the end of subsection 227(3)
Add:
Note: Subsection (3) has the effect, for example, that section 200DI or 229 applies in relation to taking votes under this section.
13 Section 229 (heading)
Repeal the heading, substitute:
229 Establishing voter's identity etc.
14 Subsections 229(1) to (4)
Repeal the subsections, substitute:
(1) The presiding officer or a polling official must:
(a) request each person attending before the officer or official, and claiming to vote in an election or elections (as the case requires), to produce to the officer or official a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the election or elections (as the case requires).
(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) The presiding officer or the polling official must also ask each person claiming to vote as an absent voter in an election or elections (as the case requires) to identify the Division for which the person is enrolled.
(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4A) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4B);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.
(4B) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(4C) The presiding officer or a polling official must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(4D) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4A)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4C)(c)(i) or (ii).
Note: Section 336 deals with signing an approved form.
15 Paragraphs 229(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) any of the following apply:
(i) a request made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4A);
(ii) the person refuses to answer fully any question the person is asked under subsection (2);
(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant election or elections (as the case requires); or
(b) either:
(i) if the presiding officer made the request under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or
(ii) if a polling official made the request under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.
16 At the end of section 229 (after the note)
Add:
(6) If:
(a) paragraph (5)(a) or (b) applies in relation to the person; and
(b) the person is not claiming to vote as an absent voter;
the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 235.
17 Paragraph 231(1)(a)
Omit "the person's answers to questions put to the person show that he or she is entitled to vote", substitute "neither paragraph 229(5)(a) nor (b) applies in relation to the person".
18 At the end of subsection 231(1)
Add:
Note: Section 235 deals with provisional votes.
19 Paragraph 235(1)(c)
Repeal the paragraph, substitute:
(c) paragraph 229(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or
20 Application provision
The amendments of the Commonwealth Electoral Act 1918 made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.
Referendum (Machinery Provisions) Act 1984
21 Subsection 3(1)
Insert:
proof of identity document has the meaning given by section 3AA.
22 After section 3
Insert:
3AA Definition of proof of identity document
A proof of identity document is any of the following (including any of the following in electronic form):
(a) a current driver's licence issued under the law of a State or Territory or a law in force in Norfolk Island;
(b) a current Australian passport;
(c) a current proof of age card issued by or on behalf of a State or Territory or an authority of a State or Territory;
(d) a birth certificate issued by or on behalf of a State or Territory or an authority of a State or Territory;
(e) a notice evidencing a person's Australian citizenship that is given under section 37 of the Australian Citizenship Act 2007 ;
(f) a current identification card (however described) issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(g) an account statement or notice (however described) issued by a local government body, utilities provider or carriage service provider in the last 12 months;
(h) either:
(i) a current credit card or debit card issued by an Australian financial institution; or
(ii) an account statement issued by an Australian financial institution in the last 12 months;
(i) a notice of assessment (including an amended assessment) issued in the last 12 months under the Income Tax Assessment Act 1936 in respect of a year of income;
(j) a notice issued by the Electoral Commissioner under the Commonwealth Electoral Act 1918 notifying a person of the person's enrolment;
(k) a document that relates to the affairs of a particular person, that specifies the person's name and that is issued in the ordinary course of business by:
(i) an Aboriginal or Torres Strait Islander land council or land trust (however described) established by or under a law of the Commonwealth, a State or a Territory; or
(ii) a body corporate that is prescribed by, or is of a kind prescribed by, regulations made for the purposes of section 59 of the Native Title Act 1993 .
Note 1: For paragraph (f), a medicare card, a Commonwealth seniors health card, a Commonwealth pensioner concession card and a Commonwealth Repatriation Health Card are examples of identification cards.
Note 2: For paragraph (g), a council rates notice, an electricity account statement, a gas account statement, a water and sewerage account statement, a mobile phone account statement and an internet service account statement are examples of account statements or notices.
23 Section 30 (heading)
Repeal the heading, substitute:
30 Establishing voter's identity etc.
24 Subsections 30(1) to (4)
Repeal the subsections, substitute:
(1) The presiding officer or a polling official must:
(a) subject to subsection (4A), request each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), to produce to the officer or official a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).
(2) The presiding officer or the polling official may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) The presiding officer or the polling official may also ask each person claiming to vote as an absent voter in a referendum or referendums (as the case requires) to identify the Division for which the person is enrolled.
(4) If the presiding officer or the polling official is not satisfied that the person is a particular person on the certified list of voters, or on an approved list of voters, for the relevant Division, the officer or official may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4A) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, the presiding officer or a polling official is not required to make a request of a person under paragraph (1)(a) if the officer or official is reasonably satisfied of the identity of the person because of the following in relation to the election:
(a) a request made of the person under paragraph 229(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 229(4A) of that Act;
(b) answers by the person to questions (if any) asked under section 229 of that Act.
(4B) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the presiding officer or the polling official a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the presiding officer or the polling official a proof of identity document for the attester that satisfies subsection (4C);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the presiding officer or the polling official.
(4C) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(4D) The presiding officer or a polling official must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(4E) The presiding officer or a polling official may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (4B)(b)(ii) for the attester. By doing so, the officer or official does not make a record of information covered by subparagraph (4D)(c)(i) or (ii).
Note: Section 127 deals with signing an approved form.
25 Paragraphs 30(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) any of the following apply:
(i) a request (if any) made of the person under paragraph (1)(a) is not satisfied in accordance with subsection (4B);
(ii) the person refuses to answer fully any question the person is asked under subsection (2);
(iii) the person answers a question under paragraph (1)(b) so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); or
(b) either:
(i) if the presiding officer makes a request of the person under paragraph (1)(a)—the presiding officer is not reasonably satisfied of the identity of the person; or
(ii) if a polling official makes a request of the person under paragraph (1)(a)—the presiding officer or the polling official is not reasonably satisfied of the identity of the person.
26 At the end of section 30 (after the note)
Add:
(6) If:
(a) paragraph (5)(a) or (b) applies in relation to the person; and
(b) the person is not claiming to vote as an absent voter;
the presiding officer or the polling official must inform the person that the person may cast a provisional vote in accordance with section 37.
27 Section 31
Repeal the section.
28 Paragraph 33(1)(a)
Omit "the person's answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote", substitute "neither paragraph 30(5)(a) nor (b) applies in relation to the person".
29 At the end of subsection 33(1)
Add:
Note: Section 37 deals with provisional votes.
30 Paragraph 37(1)(c)
Repeal the paragraph, substitute:
(c) paragraph 30(5)(a) or (b) applies in relation to the person and the person is not claiming to vote as an absent voter; or
31 At the end of subsection 51(3)
Add:
Note: Subsection (3) has the effect, for example, that section 30 or 73CI applies in relation to taking votes under this section.
32 After paragraph 73CG(1)(a)
Insert:
(aa) a request (if any) made of the voter under paragraph 73CI(1)(a) is satisfied in accordance with subsection 73CI(5); and
(ab) a voting officer is reasonably satisfied of the identity of the voter; and
33 Paragraph 73CG(2)(b)
Repeal the paragraph, substitute:
(a) any of the following apply:
(i) a request (if any) made of the voter under paragraph 73CI(1)(a) is not satisfied in accordance with subsection 73CI(5);
(ii) the voter refuses to answer fully any question the voter is asked under subsection 73CI(2);
(iii) the voter answers a question under paragraph 73CI(1)(b) so as to indicate that the voter has voted before in the relevant referendum or referendums (as the case requires); or
34 Paragraph 73CG(2)(c)
Repeal the paragraph, substitute:
(c) a voting officer makes a request of the person under paragraph 73CI(1)(a) and the officer is not reasonably satisfied of the identity of the voter; or
35 At the end of section 73CG
Add:
(3) If, under this section, the voter is not entitled to vote by pre-poll ordinary vote, the voting officer must inform the voter that the voter may make a pre-poll declaration vote in accordance with Division 4.
36 Section 73CI
Repeal the section, substitute:
73CI Establishing voter's identity
(1) A voting officer must:
(a) subject to subsection (4), request each person attending before the voting officer, and claiming to vote in a referendum or referendums (as the case requires), to produce to the voting officer a proof of identity document for the person; and
(b) ask questions of the person in order to work out whether the person has voted before in the referendum or referendums (as the case requires).
(2) The voting officer may ask questions of the person in order to work out the person's full name or the person's place of living, or both.
(3) If the voting officer is not satisfied that the person is a particular person on a copy of the certified list of voters, or on an approved list of voters, for a particular Division, the officer may ask the person one or more questions about matters shown on the list for the particular person to establish whether the person is that particular person.
(4) If the voting day for the referendum or referendums (as the case requires) is the same as that fixed for the polling at an election, a voting officer is not required to make a request of a person under paragraph (1)(a) if the officer is reasonably satisfied of the identity of the person because of the following in relation to the election:
(a) a request made of the person under paragraph 200DI(1)(a) of the Commonwealth Electoral Act 1918 being satisfied in accordance with subsection 200DI(4) of that Act;
(b) answers by the person to questions (if any) asked under section 200DI of that Act.
(5) A request made of a person (the voter ) under paragraph (1)(a) is satisfied if:
(a) the voter produces to the voting officer a proof of identity document for the voter; or
(b) all of the following apply:
(i) another person (the attester ) who is enrolled produces to the voting officer a proof of identity document for the attester that satisfies subsection (6);
(ii) the attester attests to the voter's identity by completing the approved form, including by specifying the attester's full name, enrolled address, the kind of proof of identity document produced by the attester and the name of the voter;
(iii) the attester and the voter sign the approved form in the presence of the voting officer.
(6) A proof of identity document produced by the attester satisfies this subsection if either or both of the following apply:
(a) it is issued by or on behalf of:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or of a State or Territory;
(b) it contains the attester's name and place of living.
(7) A voting officer must not:
(a) make a copy (including an electronic copy) of a proof of identity document produced by a person under this section; or
(b) electronically scan a proof of identity document produced by a person under this section; or
(c) make a record (including an electronic record) of:
(i) the kind of proof of identity document produced by a person under this section; or
(ii) any information contained in a proof of identity document produced by a person under this section; or
(d) retain a proof of identity document produced by a person under this section.
(8) A voting officer may, at the request of the attester, complete (but not sign) the whole or a part of the approved form mentioned in subparagraph (5)(b)(ii) for the attester. By doing so, the voting officer does not make a record of information covered by subparagraph (7)(c)(i) or (ii).
Note: Section 127 deals with signing an approved form.
37 At the end of subsection 73CJ(1)
Add:
Note: Division 4 deals with pre-poll declaration votes.
38 At the end of subsection 73M(1)
Add "The regulations must not make provision for such a person to be requested or required to produce a proof of identity document for the person.".
39 At the end of subsection 73M(1A)
Add "The regulations must not make provision for such an elector to be requested or required to produce a proof of identity document for the elector.".
40 Application provision
The amendments of the Referendum (Machinery Provisions) Act 1984 made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this item.
_____
SHEET 3196
(1) Schedule 1, item 8, page 8 (line 14), omit "at least 4%", substitute "at least 1%".
(2) Schedule 7, page 188 (after line 29), at the end of the Schedule, add:
Part 4 — Lowering election funding threshold
Commonwealth Electoral Act 1918
12 Subparagraphs 173(1)(a)(i) and (ii)
Omit "at least 4%", substitute "at least 1%".
13 Paragraph 173(b)
Omit "at least 4%", substitute "at least 1%".
14 Section 292G (paragraph beginning "Election funding")
Omit "at least 4%", substitute "at least 1%".
15 Paragraphs 293(1)(a) and (b)
Omit "at least 4%", substitute "at least 1%".
16 Paragraph 294(1)(b)
Omit "at least 4%", substitute "at least 1%".
17 Paragraph 295(1)(b)
Omit "at least 4%", substitute "at least 1%".
_____
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (2)
Amendment (2) is framed as a request because it lowers the threshold of formal first preference votes needed for registered political parties, candidates and groups to receive election funding under Division 3 of Part XX of the Commonwealth Electoral Act 1918 from 4% to 1%.
As the amendment would increase the number of registered political parties, candidates and groups that would be eligible to receive election funding, the amendment will increase expenditure under the standing appropriation in section 302 of the Commonwealth Electoral Act 1918 .
Amendment (1)
Amendment (1) is consequential to amendment (2).
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment 2
If the effect of the amendment is to increase expenditure under the standing appropriation in section 302 of the Commonwealth Electoral Act 1918 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
Amendment (1)
This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.
_____
SHEET 3197
(1) Clause 2, page 2 (after table item 5), insert:
(2) Page 129 (after line 8), after Schedule 4, insert:
Schedule 4A — Pre-poll voting period
Commonwealth Electoral Act 1918
1 Subsection 200BA(1AA)
Omit "12 days before polling day", substitute "3 days before polling day".
Referendum (Machinery Provisions) Act 1984
2 Subsection 73AA(1AA)
Repeal the subsection, substitute:
(1AA) The day, or the earliest of the days, declared under paragraph (1)(b) must not be earlier than the day that is 3 days before the voting day for the referendum.
The Senate divided. [22:50]
(The President—Senator Lines)