2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 (Special Minister of State) A Bill for an Act to amend the law relating to elections and referendums, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 4 Schedule 1--Main amendments 5 Commonwealth Electoral Act 1918 5 Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004 27 Referendum (Machinery Provisions) Act 1984 28 Schedule 2--Amendments to thresholds 38 Commonwealth Electoral Act 1918 38 Schedule 3--Deregistration of certain political parties 44 Schedule 4--Donations to political parties and independent candidates and members 48 Part 1--Insertion of new Subdivision 30-DA in the Income Tax Assessment Act 1997 48 Part 2--Further amendment of the Income Tax Assessment Act 1997 52 Part 3--Amendment of the Income Tax Assessment Act 1936 54 Part 4--Application of amendments 55 i Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 1 elections and referendums, and for related 2 purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Electoral and Referendum 6 Amendment (Electoral Integrity and Other Measures) Act 2005. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 13 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, The day on which this Act receives the items 1 to 16 Royal Assent. 3. Schedule 1, A single day to be fixed by Proclamation. items 17 to 19 However, if any of the provision(s) do not commence within the period of 8 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 4. Schedule 1, The day on which this Act receives the item 20 Royal Assent. 5. Schedule 1, At the same time as the provision(s) covered items 21 to 23 by table item 3. 6. Schedule 1, The day on which this Act receives the item 24 Royal Assent. 7. Schedule 1, At the same time as the provision(s) covered items 25 to 27 by table item 3. 8. Schedule 1, The day on which this Act receives the item 28 Royal Assent. 9. Schedule 1, At the same time as the provision(s) covered items 29 to 35 by table item 3. 10. Schedule 1, The day on which this Act receives the item 36 Royal Assent. 11. Schedule 1, The later of: items 37 and 38 (a) immediately after the commencement of item 36 of Schedule 1 to this Act; and (b) the commencement of section 3 of the Australian Citizenship Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 2 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 12. Schedule 1, The day on which this Act receives the items 39 to 91 Royal Assent. 13. Schedule 1, The later of: item 92 (a) immediately after the commencement of item 91 of Schedule 1 to this Act; and (b) the commencement of section 3 of the Australian Citizenship Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 14. Schedule 1, The day on which this Act receives the items 93 to 114 Royal Assent. 15. Schedule 1, The later of: items 115 and 116 (a) immediately after the commencement of item 114 of Schedule 1 to this Act; and (b) the commencement of section 3 of the Australian Citizenship Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 16. Schedule 1, The day on which this Act receives the items 117 to 132 Royal Assent. 17. Schedule 1, The later of: item 133 (a) immediately after the commencement of item 132 of Schedule 1 to this Act; and (b) the commencement of section 3 of the Australian Citizenship Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 18. Schedule 1, The day on which this Act receives the item 134 to 139 Royal Assent. 19. Schedule 2, The day on which the Bill for this Act is items 1 to 27 introduced into the Parliament. Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 3 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 20. Schedule 2, The day on which this Act receives the item 28 Royal Assent. 21. Schedule 2, The day on which the Bill for this Act is item 29 introduced into the Parliament. 22. Schedules 3 The day on which this Act receives the and 4 Royal Assent. Note: This table relates only to the provisions of this Act as originally 1 passed by the Parliament and assented to. It will not be expanded to 2 deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 concerned, and any other item in a Schedule to this Act has effect 10 according to its terms. 11 4 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 1 Schedule 1--Main amendments 2 3 Commonwealth Electoral Act 1918 4 1 Subsection 4(1) 5 Insert: 6 Immigration Department means the Department administered by 7 the Minister who administers the Migration Act 1958. 8 2 Subsection 4(1) 9 Insert: 10 provisionally enrolled has the meaning given by subsection (1B). 11 3 Subsection 4(1) 12 Insert: 13 sentence of imprisonment has the meaning given subsection (1A). 14 4 After subsection 4(1) 15 Insert: 16 (1A) For the purposes of this Act, a person is serving a sentence of 17 imprisonment only if: 18 (a) the person is in detention on a full-time basis for an offence 19 against a law of the Commonwealth or a State or Territory; 20 and 21 (b) that detention is attributable to the sentence of imprisonment 22 concerned. 23 (1B) A person is provisionally enrolled if the person is provisionally 24 enrolled under section 99B. 25 5 Subsection 17(2A) 26 Omit "305(1), 305A(1) or 309(4)", substitute "305A(1) or (1A)". 27 6 Section 38 28 Repeal the section, substitute: 29 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 5 [Page Break] 38 Offices of Divisional Returning Officers 1 (1) The office of a Divisional Returning Officer must be located within 2 the Division, unless the Minister has given written authority for the 3 office not to be so located. 4 (2) However, subsection (1) does not apply if: 5 (a) the office was located within a Division, but immediately 6 after a redistribution of the State or Territory that includes the 7 Division, the office is no longer located within the Division; 8 and 9 (b) either: 10 (i) within a reasonable time, the Electoral Commissioner 11 seeks written authority for the office not to be located 12 within the Division; or 13 (ii) the office is currently being relocated within the 14 Division. 15 (3) A written authority given under subsection (1) is not a legislative 16 instrument. 17 7 Application of item 6 18 The amendment made by item 6 applies to offices located after the 19 commencement of this item. 20 8 Subsection 90B(4) (at the end of the table) 21 Add: 22 (a) on request by the person 5 a prescribed person or a copy of a Roll or organisation; and organisation that (or an extract of a verifies, or contributes Roll) (b) on payment of the fee (if to the verification of, any) payable under the identity of persons subsection (9). for the purposes of the Financial Transaction Reports Act 1988 9 Paragraph 90B(9)(b) 23 Omit "3 or 4", substitute "3, 4 or 5". 24 10 After subsection 91A(2B) 25 Insert: 26 6 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (2C) For information provided under item 5 of the table in subsection 1 90B(4), the only permitted purpose in relation to a prescribed 2 person or organisation is for the person or organisation to verify, or 3 contribute to the verification of, the identity of persons for the 4 purposes of the Financial Transaction Reports Act 1988. 5 11 At the end of subsection 91B(3) 6 Add "(other than information provided under item 5 of the table in 7 subsection 90B(4) that is used for a permitted purpose)". 8 12 Subsection 92(1) 9 Omit "all police, statistical, and electoral officers in the service of any 10 State or Territory,", substitute "a State or a Territory,". 11 13 Subsection 93(2) 12 Omit "(4) and (5)", substitute "(4), (5) and (8AA)". 13 14 Paragraph 93(8)(b) 14 Repeal the paragraph. 15 15 Subsection 93(8AA) 16 Repeal the subsection, substitute: 17 (8AA) A person who is serving a sentence of imprisonment for an offence 18 against the law of the Commonwealth or of a State or Territory is 19 not entitled to vote at any Senate election or House of 20 Representatives election. 21 Note: For the definition of sentence of imprisonment, see subsection 4(1A). 22 16 Application of items 14 and 15 23 The amendments made by items 14 and 15 apply to sentences beginning 24 before, on or after the commencement of this item. 25 17 Paragraph 94A(2)(c) 26 Omit "subsection", substitute "subsections (2AA) and". 27 18 At the end of subsection 94A(2) 28 Add: 29 ; and (e) must be supported by the evidence of the person's identity 30 that is required by the regulations (but see subsection (2AB)). 31 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 7 [Page Break] 19 After subsection 94A(2) 1 Insert: 2 (2AA) The requirement in paragraph (2)(c) does not apply once the 3 regulations in relation to evidentiary requirements for enrolment 4 are in operation. 5 (2AB) To avoid doubt, the requirement in paragraph (2)(e) does not apply 6 unless regulations are in operation for the purposes of that 7 paragraph when the application is made. 8 20 Paragraph 94A(4)(a) 9 Omit "the day of the close of the Rolls", substitute "the date of the 10 writ". 11 21 Paragraph 95(2)(c) 12 Omit "subsection", substitute "subsections (2AA) and". 13 22 At the end of subsection 95(2) 14 Add: 15 ; and (d) supported by the evidence of the person's identity that is 16 required by the regulations (but see subsection (2AB)). 17 23 After subsection 95(2) 18 Insert: 19 (2AA) The requirement in paragraph (2)(c) does not apply once the 20 regulations in relation to evidentiary requirements for enrolment 21 are in operation. 22 (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply 23 unless regulations are in operation for the purposes of that 24 paragraph when the application is made. 25 24 Subsection 95(4) 26 Omit "the day of the close of the Rolls", substitute "the date of the 27 writ". 28 25 At the end of paragraph 96(2)(c) 29 Add "(but see subsection (2AA))". 30 8 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 26 At the end of subsection 96(2) 1 Add: 2 ; and (d) supported by the evidence of the applicant's identity that is 3 required by the regulations (but see subsection (2AB)). 4 27 After subsection 96(2) 5 Insert: 6 (2AA) The requirement in paragraph (2)(c) does not apply once the 7 regulations in relation to evidentiary requirements for enrolment 8 are in operation. 9 (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply 10 unless regulations are in operation for the purposes of that 11 paragraph when the application is made. 12 28 Subsection 96(4) 13 Omit "the day of the close of the Rolls", substitute "the date of the 14 writ". 15 29 Before section 98 16 Insert: 17 98AA Regulations 18 (1) If regulations are made to implement a requirement of this Part or 19 Part VII, in relation to identification for enrolment, the regulations 20 must require the applicant for enrolment to: 21 (a) provide documentary evidence of his or her name by 22 providing his or her driver's licence number; or 23 (b) if the applicant does not possess a driver's licence--show to 24 an elector in a prescribed class of electors a prescribed kind 25 of document that identifies the applicant; or 26 (c) otherwise--have the application countersigned by two 27 electors who: 28 (i) can confirm the applicant's name; and 29 (ii) have known the applicant for at least one month. 30 (2) The regulations may impose additional requirements in relation to 31 identification for enrolment. 32 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 9 [Page Break] 30 At the end of paragraph 98(2)(c) 1 Add "(but see subsection (2AA))". 2 31 At the end of subsection 98(2) 3 Add: 4 ; and (d) be supported by the evidence of the claimant's identity that is 5 required by the regulations (but see subsection (2AB)). 6 32 After subsection 98(2) 7 Insert: 8 (2AA) The requirement in paragraph (2)(c) does not apply once the 9 regulations in relation to evidentiary requirements for enrolment 10 are in operation. 11 (2AB) To avoid doubt, the requirement in paragraph (2)(d) does not apply 12 unless regulations are in operation for the purposes of that 13 paragraph when the application is made. 14 33 Paragraph 99A(4)(c) 15 After "handwriting", insert "(but see subsection (4A))". 16 34 At the end of subsection 99A(4) 17 Add: 18 ; and (e) supported by the evidence of the claimant's identity that is 19 required by the regulations (but see subsection (4B)). 20 35 After subsection 99A(4) 21 Insert: 22 (4A) The requirement in paragraph (4)(c) does not apply once the 23 regulations in relation to evidentiary requirements for enrolment 24 are in operation. 25 (4B) To avoid doubt, the requirement in paragraph (4)(e) does not apply 26 unless regulations are in operation for the purposes of that 27 paragraph when the application is made. 28 36 After section 99A 29 Insert: 30 10 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 99B Provisional enrolment by applicant for citizenship 1 Application by those about to become Australian citizens 2 (1) A person may apply to a Divisional Returning Officer for 3 provisional enrolment for a Subdivision if, at the time of making 4 the application: 5 (a) either: 6 (i) a public announcement has been made of the proposed 7 date for polling for an election for the Subdivision; or 8 (ii) a writ for an election for the Subdivision has been 9 issued; and 10 (b) the person has been notified by the Immigration Department 11 that the person will be granted a certificate of Australian 12 citizenship under section 13 of the Australian Citizenship Act 13 1948 between: 14 (i) the date of the writ; and 15 (ii) the polling day for the election; and 16 (c) the person is not enrolled; and 17 (d) the person is not qualified for enrolment, but would be so 18 qualified if he or she were an Australian citizen. 19 Note: A person who is provisionally enrolled under this section is not 20 immediately added to a Roll but can cast a postal, pre-poll, absent or 21 provisional vote. However, the vote is excluded from further scrutiny 22 if the person does not provide evidence of citizenship by the first 23 Friday following the polling day (see paragraph 6 of Schedule 3). 24 Requirements for application 25 (2) An application must: 26 (a) be in the approved form; and 27 (b) be signed by the person (but see subsection (3)); and 28 (c) be made between the following times: 29 (i) the earlier of the public announcement of the proposed 30 date for polling for the election and the date of the writ; 31 (ii) 8 pm on the day of the close of the Rolls for the 32 election; and 33 (d) in accordance with subsection (4), be supported by evidence 34 of the Immigration Department's notification. 35 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 11 [Page Break] (3) A person may fill out and sign an application under this section, on 1 behalf of another person (the applicant), in accordance with the 2 directions of the applicant if: 3 (a) the applicant wishes to make the application; and 4 (b) a registered medical practitioner has certified, in writing, that 5 the applicant is so physically incapacitated that the applicant 6 cannot sign the application. 7 (4) For the purposes of paragraph (2)(d), an application is supported 8 by evidence of the Immigration Department's notification if: 9 (a) all of the following apply: 10 (i) the original notification is shown to an officer; 11 (ii) the officer attests that he or she has sighted the 12 notification; 13 (iii) the officer attests that he or she is satisfied that the 14 notification relates to the person making the application; 15 or 16 (b) all of the following apply: 17 (i) the original or a copy of the notification is shown to an 18 elector in a prescribed class of electors; 19 (ii) the elector attests that he or she has sighted the 20 notification; 21 (iii) the elector attests that he or she is satisfied that the 22 notification relates to the person making the application. 23 Divisional Returning Officer to keep records 24 (5) If a person makes an application in accordance with this section, 25 then: 26 (a) the person is provisionally enrolled under this section for the 27 Subdivision to which the application relates; and 28 (b) the Divisional Returning Officer for the relevant Division 29 must keep a record of the details of the application. 30 Confirmation of citizenship 31 (6) If, by the first Friday following the polling day for the election, the 32 person provides an officer with the original certificate of 33 Australian citizenship granted to the person, or a copy of the 34 certificate that has been attested to by an elector in a prescribed 35 class of electors, then: 36 12 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (a) the provisional enrolment ceases; and 1 (b) the application is taken to be a claim for enrolment for the 2 Subdivision to which the application relates; and 3 (c) sections 102, 103 and 104 apply to the application as if it 4 were a claim made under section 101. 5 (7) Otherwise, the Divisional Returning Officer for the relevant 6 Division must notify the person, in writing, that the person's 7 provisional enrolment has ceased. 8 37 Paragraph 99B(1)(b) 9 Omit "be granted a certificate of Australian citizenship under section 13 10 of the Australian Citizenship Act 1948", substitute "become an 11 Australian citizen under the Australian Citizenship Act 2005". 12 38 Subsection 99B(6) 13 Omit "with the original certificate of Australian citizenship granted to 14 the person, or a copy of the certificate that has been attested to by an 15 elector in a prescribed class of electors", substitute "with evidence that 16 the person has become an Australian citizen". 17 39 Subsection 102(1) 18 Omit "subsection (4)", substitute "subsections (4) and (4AA)". 19 40 Subsection 102(2A) 20 Omit "the day on which the Rolls for the election close", substitute "the 21 date of the writ or writs for the election". 22 41 Subsection 102(4) 23 Repeal the subsection, substitute: 24 (4) If a claim by a person for enrolment under section 101 (other than 25 a claim that is taken, by subsection 99B(6), to be made under 26 section 101) is received during the period: 27 (a) beginning at 8 pm on the date of the writ or writs for an 28 election for the Division to which the claim relates; and 29 (b) ending at the close of the polling at the election; 30 then the claim must not be considered until after the end of the 31 period. 32 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 13 [Page Break] (4AA) If a claim by a person for transfer of enrolment under section 101, 1 or a claim that is taken, by subsection 99B(6), to be made under 2 section 101, is received during the period: 3 (a) beginning at 8 pm on the date of the close of the Rolls for an 4 election for the Division to which the claim relates; and 5 (b) ending at the close of the polling at the election; 6 then the claim must not be considered until after the end of the 7 period. 8 (4AB) A claim that is taken, by subsection 100(2), to be made under 9 section 101: 10 (a) is to be treated in accordance with subsection (4AA) if the 11 claim is made by a person who will turn 18 years old during 12 the period: 13 (i) beginning at 8 pm on the date of the writ or writs for an 14 election for the Division to which the claim relates; and 15 (ii) ending at the end of the polling day for the election; and 16 (b) otherwise--is to be treated in accordance with subsection (4). 17 42 Paragraph 102(4A)(a) 18 After "(4)", insert "or (4AA) (as the case requires)". 19 43 Subparagraph 102(4A)(b)(ii) 20 After "(4)", insert "or (4AA) (as the case requires)". 21 44 Subsection 102(4B) 22 Omit "subsection (4)" (first occurring), substitute "subsections (4) and 23 (4AA)". 24 45 Paragraphs 102(4B)(a) and (b) 25 After "(4)", insert "or (4AA) (as the case requires)". 26 46 Paragraphs 105(1)(b) and (ba) 27 Repeal the paragraphs. 28 47 Subsection 105(1A) 29 Omit "(1)(ba) or (h)", substitute "(1)(h)". 30 48 Subsection 105(3A) 31 14 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Repeal the subsection. 1 49 Subsection 105(4) 2 Repeal the subsection, substitute: 3 (4) If a vote is: 4 (a) admitted to further scrutiny at a preliminary scrutiny of 5 declaration votes because of paragraph 12 of Schedule 3; or 6 (b) admitted to further scrutiny at a preliminary scrutiny 7 conducted under section 89A of the Referendum (Machinery 8 Provisions) Act 1984 because of paragraph 11 of Schedule 4 9 to that Act; 10 the Divisional Returning Officer for the relevant Division must 11 enter the elector's name on the Roll for the Subdivision for which, 12 but for the error or mistake, the name would have appeared. 13 50 Section 109 14 Repeal the section, substitute: 15 109 Lists of convictions to be forwarded 16 (1) The Controller-General of Prisons must, as soon as practicable 17 after the beginning of each month, forward to the Australian 18 Electoral Officer a list of: 19 (a) the names, addresses, occupations and sexes of all persons 20 who: 21 (i) were convicted in the State; and 22 (ii) began serving a sentence of imprisonment for any 23 offence; and 24 (b) the names, addresses, occupations and sexes of all persons 25 who ceased to serve a sentence of imprisonment for any 26 offence; 27 during the preceding month. 28 Note: For the definition of sentence of imprisonment, see subsection 4(1A). 29 (2) Within 4 days of the date of the writ for an election for a Division 30 in a State, the Controller-General of Prisons must forward to the 31 Australian Electoral Officer a list of: 32 (a) the names, addresses, occupations and sexes of all persons 33 who: 34 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 15 [Page Break] (i) were convicted in the State; and 1 (ii) began serving a sentence of imprisonment for any 2 offence; and 3 (b) the names, addresses, occupations and sexes of all persons 4 who ceased to serve a sentence of imprisonment for any 5 offence; 6 between the time the last list was forwarded by the 7 Controller-General under subsection (1) and the date of the writ. 8 51 Subsection 118(5) 9 Omit "the close of the Rolls", substitute "8 pm on the date of the writ". 10 52 Section 155 11 Repeal the section, substitute: 12 155 Date for close of Rolls 13 (1) The date fixed for the close of the Rolls is the third working day 14 after the date of the writ. 15 Note: However, generally names are not added to or removed from the Rolls 16 after the date of the writ. 17 (2) In this section: 18 working day means any day except: 19 (a) a Saturday or a Sunday; or 20 (b) a day that is a public holiday in any State or Territory. 21 53 Paragraph 170(3)(a) 22 Omit "$700", substitute "$1,000". 23 54 Paragraph 170(3)(b) 24 Omit "$350", substitute "$500". 25 55 Section 182 26 Before "In this", insert "(1)". 27 56 At the end of section 182 28 Add: 29 16 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (2) In this Part (other than in sections 184A to 186) and in Schedule 3: 1 (a) a reference to an elector includes a reference to a person who 2 has applied for a postal vote under subsection 183(2); and 3 (b) a reference to the Division in which an elector is enrolled 4 includes a reference to the Division in which the person is 5 provisionally enrolled. 6 57 Section 183 7 Before "An elector", insert "(1)". 8 58 At the end of section 183 9 Add: 10 (2) A person who is provisionally enrolled may apply for a postal vote. 11 59 Section 200A 12 Before "An elector", insert "(1)". 13 60 At the end of section 200A 14 Add: 15 (2) A person who is provisionally enrolled may apply for a pre-poll 16 vote. 17 (3) In this Part and in Schedule 3: 18 (a) a reference to an elector includes a reference to a person who 19 has applied for a pre-poll vote under subsection (2); and 20 (b) a reference to the Division in which an elector is enrolled 21 includes a reference to the Division in which the person is 22 provisionally enrolled. 23 61 At the end of subsection 208(2) 24 Add: 25 ; and (c) is not covered by subsection 93(8AA) (sentences of 26 imprisonment). 27 62 Subsection 221(3) 28 After "polling in the election", insert ", or a person who is covered by 29 subsection 93(8AA) (sentences of imprisonment)". 30 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 17 [Page Break] 63 After subsection 222(1) 1 Insert: 2 (1A) On polling day a person who is provisionally enrolled is entitled to 3 vote as an absent voter, on making a declaration in an approved 4 form, at any polling place within the State or Territory for which 5 he or she is provisionally enrolled at which a polling booth is open 6 (other than a polling place for the Division for which he or she is 7 provisionally enrolled). 8 (1B) In this Part (other than section 245) and in Schedule 3: 9 (a) a reference to an elector includes a reference to a person who 10 has cast an absent vote under subsection (1A); and 11 (b) a reference to the Division in which an elector is enrolled 12 includes a reference to the Division in which the person is 13 provisionally enrolled. 14 64 Subsection 222(2) 15 Omit "subsection (1)", substitute "subsections (1) and (1A)". 16 65 Subsection 222(3) 17 After "subsection (1)", insert "or (1A)". 18 66 Subsection 226A(1) (note) 19 After "93(8)", insert ", (8AA)". 20 67 Subsection 232(2) 21 After "subsection 222(1)", insert "or (1A)". 22 68 Subsection 233(2) 23 After "subsection 222(1)", insert "or (1A)". 24 69 Paragraphs 234(4)(a) and 234A(8)(a) 25 After "subsection 222(1)", insert "or (1A)". 26 70 At the end of subsection 235(1) 27 Add: 28 ; or (e) the person is provisionally enrolled. 29 71 After subsection 235(1) 30 18 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Insert: 1 (1A) In this Part (other than section 245) and in Schedule 3: 2 (a) a reference to an elector includes a reference to a person who 3 casts a provisional vote under paragraph (1)(e); and 4 (b) a reference to the Division in which an elector is enrolled 5 includes a reference to the Division in which the person is 6 provisionally enrolled. 7 (1B) A person to whom this section applies (other than a person to 8 whom subsection 104(4) applies) may cast a provisional vote on 9 the polling day for an election if the person provides the evidence 10 of the person's identity that is required by the regulations either: 11 (a) at the time the person casts the provisional vote; or 12 (b) by the first Friday following the polling day. 13 Note: The regulations are made under subsection (9). 14 72 At the end of section 235 15 Add: 16 Regulations 17 (9) If regulations are made to implement a requirement of 18 subsection (1B) in relation to identification for provisional voting, 19 the regulations must require the person claiming to vote to provide 20 documentary evidence of the person's name by showing either of 21 the following to an officer: 22 (a) the person's driver's licence; 23 (b) a prescribed kind of document that identifies the person. 24 (10) The regulations may impose additional requirements in relation to 25 identification for provisional voting. 26 73 At the end of paragraph 268(1)(e) 27 Add "or (1A)". 28 74 Subsection 287(1) (definition of associated entity) 29 Repeal the definition, substitute: 30 associated entity means: 31 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 19 [Page Break] (a) an entity that is controlled by one or more registered political 1 parties; or 2 (b) an entity that operates wholly, or to a significant extent, for 3 the benefit of one or more registered political parties; or 4 (c) an entity that is a financial member of a registered political 5 party; or 6 (d) an entity on whose behalf another person is a financial 7 member of a registered political party; or 8 (e) an entity that has voting rights in a registered political party; 9 or 10 (f) an entity on whose behalf another person has voting rights in 11 a registered political party. 12 75 Subsection 287(1) (definition of broadcaster) 13 Repeal the definition. 14 76 Subsection 287(1) (paragraph (f) of the definition of 15 disclosure period) 16 Omit "305(1) or 305A(1)", substitute "305A(1) or (1A)". 17 77 Subsection 287(1) 18 Insert: 19 financial member, in relation to a registered political party, means 20 a person or entity that pays an annual subscription to the party. 21 78 Section 305 22 Repeal the section. 23 79 Subsections 305A(1), (2) and (3) 24 Repeal the subsections, substitute: 25 (1) A person must provide a return in accordance with this section if: 26 (a) the person makes a gift or gifts, during the disclosure period 27 in relation to an election, to any candidate in the election or a 28 member of a group; and 29 (b) the total amount or value of the gift or gifts was: 30 (i) equal to or more than the amount prescribed for the 31 purposes of this paragraph; or 32 (ii) if no amount is prescribed--more than $10,000; and 33 20 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (c) at the time the person makes the gift or gifts the person is not: 1 (i) a registered political party; or 2 (ii) a State branch of a registered political party; or 3 (iii) an associated entity; or 4 (iv) a candidate in an election; or 5 (v) a member of a group. 6 Note: The dollar amount mentioned in this subsection is indexed under 7 section 321A. 8 (1A) A person must provide a return in accordance with this section if: 9 (a) the person makes a gift or gifts, during the disclosure period 10 in relation to an election, to any person or body (whether 11 incorporated or not) specified, by legislative instrument, by 12 the Electoral Commission; and 13 (b) the total amount or value of the gift or gifts was: 14 (i) equal to or more than the amount prescribed for the 15 purposes of this paragraph; or 16 (ii) if no amount is prescribed--more than $10,000; and 17 (c) at the time the person makes the gift or gifts the person is not: 18 (i) a registered political party; or 19 (ii) a State branch of a registered political party; or 20 (iii) an associated entity; or 21 (iv) a candidate in an election; or 22 (v) a member of a group. 23 Note: The dollar amount mentioned in this subsection is indexed under 24 section 321A. 25 (2) The person must provide to the Electoral Commission a return 26 setting out the required details of: 27 (a) all gifts covered by subsections (1) and (1A) made during the 28 disclosure period; and 29 (b) all gifts of more than $10,000, received by the person at any 30 time, that the person used during the period (either wholly or 31 partly): 32 (i) to enable the person to make the gifts mentioned in 33 paragraph (a); or 34 (ii) to reimburse the person for making such gifts. 35 Note: The dollar amount mentioned in this subsection is indexed under 36 section 321A. 37 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 21 [Page Break] (2A) For the purposes of subsection (2), 2 or more gifts made, during the 1 disclosure period in relation to an election, by the same person to 2 another person are taken to be one gift. 3 (3) The return must: 4 (a) be provided to the Electoral Commission before the end of 15 5 weeks after the polling day for the election; and 6 (b) be in the approved form. 7 Note: The headings to sections 305A and 305B are altered by omitting "Donations" and 8 substituting "Gifts". 9 80 Paragraph 308(1)(e) 10 After "section 328", insert ", 328A". 11 81 Subsections 309(4) and (5) 12 Repeal the subsections. 13 82 Sections 310 and 311 14 Repeal the sections. 15 83 Division 5A of Part XX (heading) 16 Repeal the heading, substitute: 17 Division 5A--Annual returns by registered political parties 18 and other persons 19 84 After section 314AEA 20 Insert: 21 314AEB Annual returns relating to political expenditure 22 (1) A person must provide a return for a financial year in accordance 23 with this section if: 24 (a) the person incurred expenditure for any of the following 25 purposes during the year, by or with his or her own authority: 26 (i) the production or publication of electoral matter by any 27 means (including radio, television or the Internet); 28 (ii) the public expression of views on an issue in an election 29 by any means; 30 22 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (iii) the printing, production, publication or distribution of 1 any material (not being material referred to in 2 subparagraph (i) or (ii)) that is required under 3 section 328 or 328A to include a name, address or place 4 of business; 5 (iv) the production or distribution of electoral matter that is 6 addressed to particular persons or organisations; 7 (v) the carrying out of an opinion poll, or other research, 8 relating to an election or the voting intentions of 9 electors; and 10 (b) the amount of the expenditure incurred was more than 11 $10,000; and 12 (c) at the time the person gave the authority the person was not: 13 (i) a registered political party; or 14 (ii) a State branch of a registered political party; or 15 (iii) an associated entity; or 16 (iv) a candidate in an election; or 17 (v) a member of a group. 18 Note: The dollar amount mentioned in this subsection is indexed under 19 section 321A. 20 (2) The person must provide to the Electoral Commission a return for 21 the financial year setting out details of the expenditure incurred. 22 (3) The return must: 23 (a) be provided before the end of 20 weeks after the end of the 24 financial year; and 25 (b) be in the approved form. 26 314AEC Annual returns relating to gifts received for political 27 expenditure 28 (1) A person must provide a return for a financial year in accordance 29 with this section if: 30 (a) the person is required to provide a return for the year under 31 section 314AEB; and 32 (b) the person received a gift or gifts, at any time, that the person 33 used during the year (either wholly or partly): 34 (i) to enable the person to incur expenditure for a purpose 35 mentioned in paragraph 314AEB(1)(a); or 36 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 23 [Page Break] (ii) to reimburse the person for incurring expenditure for 1 such a purpose; and 2 (c) the amount of at least one such gift was more than $10,000; 3 and 4 (d) at the time the person received that gift the person was not: 5 (i) a registered political party; or 6 (ii) a State branch of a registered political party; or 7 (iii) an associated entity; or 8 (iv) a candidate in an election; or 9 (v) a member of a group. 10 Note: The dollar amount mentioned in this subsection is indexed under 11 section 321A. 12 (2) The person must provide to the Electoral Commission a return for 13 the financial year setting out the following details in respect of 14 each gift of more than $10,000 that is mentioned in 15 paragraph (1)(b): 16 (a) the amount of the gift; 17 (b) the date on which the gift was made; 18 (c) in the case of a gift made on behalf of the members of an 19 unincorporated association (other than a registered industrial 20 organisation): 21 (i) the name of the association; and 22 (ii) the names and addresses of the members of the 23 executive committee (however described) of the 24 association; 25 (d) in the case of a gift purportedly made out of a trust fund, or 26 out of the funds of a foundation: 27 (i) the names and addresses of the trustees of the fund, or 28 of the funds of the foundation; and 29 (ii) the title or other description of the trust fund, or the 30 name of the foundation, as the case requires; 31 (e) in any other case--the name and address of the person who 32 made the gift. 33 Note: The dollar amount mentioned in this subsection is indexed under 34 section 321A. 35 (3) The return must: 36 (a) be provided before the end of 20 weeks after the end of the 37 financial year; and 38 24 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (b) be in the approved form. 1 (4) For the purposes of subsection (2), 2 or more gifts made, during the 2 financial year, by the same person to another person are taken to be 3 one gift. 4 85 Application of item 84 5 The amendment made by item 84 applies to the 2006-07 financial year 6 and later financial years. 7 86 Section 318A 8 Repeal the section. 9 87 After section 328 10 Insert: 11 328A Publication of electoral advertisements on the Internet 12 (1) A person commits an offence if: 13 (a) either: 14 (i) the person publishes an electoral advertisement on the 15 Internet; or 16 (ii) the person causes, permits or authorises an electoral 17 advertisement to be published on the Internet; and 18 (b) the electoral advertisement is intended to affect voting in an 19 election; and 20 (c) the electoral advertisement is paid for by the person or 21 another person; and 22 (d) the name and address of the person who authorised the 23 advertisement do not appear at the end of the advertisement. 24 Penalty: 10 penalty units. 25 (2) Subsection (1) does not apply if the matter published on the 26 Internet forms part of a general commentary on a website. 27 Note: A defendant bears an evidential burden in relation to the matter in 28 subsection (2) (see subsection 13.3(3) of the Criminal Code). 29 (3) Section 15.2 of the Criminal Code (extended geographical 30 jurisdiction--category B) applies to an offence against 31 subsection (1). 32 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 25 [Page Break] (4) In this section: 1 address of a person means an address, including a full street 2 address and suburb or locality, that is located in Australia at which 3 the person can usually be contacted during the day. It does not 4 include a post office box. 5 88 Subsection 351(5) 6 After "section 328", insert "or 328A". 7 89 After paragraph 385A(1)(a) 8 Insert: 9 (aa) an electoral advertisement published on the Internet that 10 includes a statement that it was authorised by a specified 11 person is admissible as evidence of that fact; and 12 90 At the end of subparagraphs 6(a), (b) and (c) of Schedule 3 13 Add "and". 14 91 After subparagraph 6(c) of Schedule 3 15 Insert: 16 (ca) in the case of an envelope purporting to contain a provisional 17 vote ballot-paper--if the elector (other than an elector to 18 whom subsection 104(4) applies) did not provide evidence of 19 his or her identity in accordance with section 235 at the time 20 of casting the vote, the elector has provided that evidence by 21 the first Friday following the polling day for that election; 22 and 23 (cb) in the case of an envelope purporting to contain a postal 24 ballot-paper, a pre-poll vote ballot-paper, an absent vote 25 ballot-paper or a provisional vote ballot-paper, cast by an 26 elector who is provisionally enrolled--that, by the first 27 Friday following the polling day for that election, the elector 28 has provided an officer with: 29 (i) an original certificate of Australian citizenship granted 30 to the elector under section 13 of the Australian 31 Citizenship Act 1948; or 32 (ii) a copy of the certificate of Australian citizenship 33 granted to the elector under section 13 of the Australian 34 26 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Citizenship Act 1948 that has been attested to by an 1 elector in a prescribed class of electors; and 2 92 Subparagraph 6(cb) of Schedule 3 3 Omit all the words from and including "an officer", substitute "an 4 officer with evidence that the elector has become an Australian citizen 5 under the Australian Citizenship Act 2005". 6 93 Subparagraph 10(b) of Schedule 3 7 Omit "or 13A". 8 94 Subparagraph 10(ba) of Schedule 3 9 Repeal the paragraph. 10 95 Subparagraph 11(b) of Schedule 3 11 Omit "or 13A". 12 96 At the end of paragraph 12 of Schedule 3 13 Add: 14 ; and (iii) that the omission was not attributable to subsection 15 118(4A). 16 97 Paragraphs 13A to 13D of Schedule 3 17 Repeal the paragraphs. 18 98 Paragraph 14 of Schedule 3 19 Omit "paragraphs 13, 13B and 13D", substitute "paragraph 13". 20 99 Paragraph 19 of Schedule 3 21 Omit "10(ba) or (c)", substitute "10(c)". 22 Electoral and Referendum Amendment (Enrolment Integrity 23 and Other Measures) Act 2004 24 100 Subsection 2(1) (table items 3, 5, 8, 11, 14, 18, 24 and 30) 25 Repeal the items. 26 101 Items 5, 18A, 19, 42, 132A and 132B of Schedule 1 27 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 27 [Page Break] Repeal the items. 1 Referendum (Machinery Provisions) Act 1984 2 102 Subsection 3(1) 3 Insert: 4 provisionally enrolled has the meaning given by subsection (1A). 5 103 After subsection 3(1) 6 Insert: 7 (1A) A person is provisionally enrolled if: 8 (a) the person is provisionally enrolled under section 99B of the 9 Commonwealth Electoral Act 1918; or 10 (b) the person is provisionally enrolled under section 38 of this 11 Act. 12 104 Paragraph 4(2)(a) 13 Repeal the paragraph, substitute: 14 (a) claims for enrolment under section 101 of the 15 Commonwealth Electoral Act 1918 (other than claims that 16 are taken, by subsection 99B(6) of that Act, to be made under 17 section 101 of that Act) that are received during the period: 18 (i) beginning at 8 pm on the day of the issue of the writ for 19 a referendum; and 20 (ii) ending on the close of voting at the referendum; 21 must not be considered until after the end of the period; and 22 (aa) claims for transfer of enrolment under section 101 of the 23 Commonwealth Electoral Act 1918, and claims that are 24 taken, by subsection 99B(6) of that Act, to be made under 25 section 101 of that Act, that are received during the period: 26 (i) beginning at 8 pm on the day for which the Rolls for a 27 referendum close; and 28 (ii) ending on the close of voting at the referendum; 29 must not be considered until after the end of the period; and 30 105 Paragraph 4(2)(b) 31 28 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Omit "the close of the Rolls", substitute "the day of the issue of the 1 writ". 2 106 At the end of section 4 3 Add: 4 (3) A claim that is taken, by subsection 100(2) of the Commonwealth 5 Electoral Act 1918, to be made under section 101 of that Act: 6 (a) is to be treated in accordance with paragraph (2)(aa) if the 7 claim is made by a person who will turn 18 years old during 8 the period: 9 (i) beginning at 8 pm on the day of the issue of the writ for 10 a referendum; and 11 (ii) ending at the end of the voting day for the referendum; 12 and 13 (b) otherwise--is to be treated in accordance with 14 paragraph (2)(a). 15 107 Subsection 9(1) 16 Omit "7 days", substitute "3 working days". 17 108 At the end of section 9 18 Add: 19 (3) In this section: 20 working day means any day except: 21 (a) a Saturday or a Sunday; or 22 (b) a day that is a public holiday in any State or Territory. 23 109 Subsection 34(2) 24 After "subsection 46(1)", insert "or (1A)". 25 110 Paragraphs 36(4)(a) and 36A(8)(a) 26 After "46(1)", insert "or (1A)". 27 111 At the end of subsection 37(1) 28 Add: 29 ; or (e) the person is provisionally enrolled. 30 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 29 [Page Break] 112 After subsection 37(1) 1 Insert: 2 (1A) In this Part (other than section 45) and in Schedule 4: 3 (a) a reference to an elector includes a reference to a person who 4 has cast a provisional vote under paragraph (1)(e); and 5 (b) a reference to the Division in which an elector is enrolled 6 includes a reference to the Division in which the elector is 7 provisionally enrolled. 8 (1B) A person to whom this section applies (other than a person to 9 whom subsection 104(4) of the Commonwealth Electoral Act 1918 10 applies) may cast a provisional vote on the voting day for a 11 referendum if the person provides the evidence of the person's 12 identity that is required by the regulations either: 13 (a) at the time the person casts the provisional vote; or 14 (b) by the first Friday following the voting day. 15 Note: The regulations are made under subsection (9). 16 113 At the end of section 37 17 Add: 18 Regulations 19 (9) If regulations are made to implement a requirement of 20 subsection (1B) in relation to identification for provisional voting, 21 the regulations must require the person claiming to vote to provide 22 documentary evidence of the person's name by showing either of 23 the following to an officer: 24 (a) the person's driver's licence; 25 (b) a prescribed kind of document that identifies the person. 26 (10) The regulations may impose additional requirements in relation to 27 identification for provisional voting. 28 114 After section 37 29 Insert: 30 30 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 38 Provisional enrolment by applicant for citizenship 1 Application by those about to become Australian citizens 2 (1) A person may apply to a Divisional Returning Officer for 3 provisional enrolment for a Subdivision if, at the time of making 4 the application: 5 (a) either: 6 (i) a public announcement has been made of the proposed 7 voting day for a referendum; or 8 (ii) a writ for a referendum has been issued; and 9 (b) the voting day for the referendum is not the same as that 10 fixed for the polling at an election; and 11 (c) the person has been notified by the Immigration Department 12 that the person will be granted a certificate of Australian 13 citizenship under section 13 of the Australian Citizenship Act 14 1948 between: 15 (i) the day of the issue of writ; and 16 (ii) the voting day for the referendum; and 17 (d) the person is not enrolled; and 18 (e) the person is not qualified for enrolment, but would be so 19 qualified if he or she were an Australian citizen. 20 Note 1: A person who is provisionally enrolled under this section is not 21 immediately added to a Roll but can cast a postal, pre-poll, absent or 22 provisional vote. However, the vote is excluded from further scrutiny 23 if the person does not provide evidence of citizenship by the first 24 Friday following the voting day (see paragraph 6 of Schedule 4). 25 Note 2: A person may make a similar application under section 99B of the 26 Commonwealth Electoral Act 1918 if the voting day for the 27 referendum is the same as that fixed for the polling at an election. 28 Requirements for application 29 (2) An application must: 30 (a) be in the approved form; and 31 (b) be signed by the person (but see subsection (3)); and 32 (c) be made between the following times: 33 (i) the earlier of the public announcement of the proposed 34 voting day for the referendum and the day of the issue 35 of the writ; 36 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 31 [Page Break] (ii) 8 pm on the day of the close of the Rolls for the 1 referendum; and 2 (d) in accordance with subsection (4), be supported by evidence 3 of the Immigration Department's notification. 4 (3) A person may fill out and sign an application under this section, on 5 behalf of another person (the applicant), in accordance with the 6 directions of the applicant if: 7 (a) the applicant wishes to make the application; and 8 (b) a registered medical practitioner has certified, in writing, that 9 the applicant is so physically incapacitated that the applicant 10 cannot sign the application. 11 (4) For the purposes of paragraph (2)(d), an application is supported 12 by evidence of the Immigration Department's notification if: 13 (a) all of the following apply: 14 (i) the original notification is shown to an officer; 15 (ii) the officer attests that he or she has sighted the 16 notification; 17 (iii) the officer attests that he or she is satisfied that the 18 notification relates to the person making the application; 19 or 20 (b) all of the following apply: 21 (i) the original or a copy of the notification is shown to an 22 elector in a prescribed class of electors; 23 (ii) the elector attests that he or she has sighted the 24 notification; 25 (iii) the elector attests that he or she is satisfied that the 26 notification relates to the person making the application. 27 Divisional Returning Officer to keep records 28 (5) If a person makes an application in accordance with this section, 29 then: 30 (a) the person is provisionally enrolled under this section for the 31 Subdivision for which the person would be provisionally 32 enrolled if he or she had made an application under 33 section 99B of the Commonwealth Electoral Act 1918; and 34 (b) the Divisional Returning Officer for the relevant Division 35 must keep a record of the details of the application. 36 32 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Confirmation of citizenship 1 (6) If, by the first Friday following the voting day for the referendum, 2 the person provides an officer with the original certificate of 3 Australian citizenship granted to the person, or a copy of the 4 certificate that has been attested to by an elector in a prescribed 5 class of electors, then: 6 (a) the provisional enrolment ceases; and 7 (b) the application is taken to be a claim under the 8 Commonwealth Electoral Act 1918 for enrolment for the 9 Subdivision mentioned in paragraph (5)(a); and 10 (c) sections 102, 103 and 104 of the Commonwealth Electoral 11 Act 1918 apply to the application as if it were a claim made 12 under section 101 of that Act. 13 (7) Otherwise, the Divisional Returning Officer for the relevant 14 Division must notify the person, in writing, that the person's 15 provisional enrolment has ceased. 16 115 Paragraph 38(1)(c) 17 Omit "be granted a certificate of Australian citizenship under section 13 18 of the Australian Citizenship Act 1948", substitute "become an 19 Australian citizen under the Australian Citizenship Act 2005". 20 116 Subsection 38(6) 21 Omit "with the original certificate of Australian citizenship granted to 22 the person, or a copy of the certificate that has been attested to by an 23 elector in a prescribed class of electors", substitute "with evidence that 24 the person has become an Australian citizen". 25 117 After subsection 46(1) 26 Insert: 27 (1A) On voting day for a referendum, a person who is provisionally 28 enrolled is entitled to vote as an absent voter, after making a 29 declaration in an approved form, at any polling place within the 30 State or Territory for which he or she is provisionally enrolled at 31 which a polling booth is open (other than a polling place for the 32 Division for which he or she is provisionally enrolled). 33 (1B) In this Part (other than section 45) and in Schedule 4: 34 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 33 [Page Break] (a) a reference to an elector includes a reference to a person who 1 has cast an absent vote under subsection (1A); and 2 (b) a reference to the Division in which an elector is enrolled 3 includes a reference to the Division in which the person is 4 provisionally enrolled. 5 118 Subsection 46(2) 6 Omit "subsection (1)", substitute "subsections (1) and (1A)". 7 119 Subsection 46(3) 8 After "subsection (1)", insert "or (1A)". 9 120 Paragraph 46(9)(a) 10 After "222(1)", insert "or (1A)". 11 121 Paragraph 46(9)(a) 12 After "subsection (1)", insert "or (1A) (as the case requires)". 13 122 Section 53 14 Before "In this", insert "(1)". 15 123 At the end of section 53 16 Add: 17 (2) In this Part and in Schedule 4: 18 (a) a reference to an elector includes a reference to a person who 19 has applied for a postal vote under subsection 54(2); and 20 (b) a reference to the Division in which an elector is enrolled 21 includes a reference to the Division in which the person is 22 provisionally enrolled. 23 124 Section 54 24 Before "An elector", insert "(1)". 25 125 At the end of section 54 26 Add: 27 (2) A person who is provisionally enrolled may apply for a postal vote. 28 126 Section 72 29 34 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Before "An elector", insert "(1)". 1 127 At the end of section 72 2 Add: 3 (2) A person who is provisionally enrolled may apply for a pre-poll 4 vote. 5 (3) In this Part and in Schedule 4: 6 (a) a reference to an elector includes a reference to a person who 7 has applied for a pre-poll vote under subsection (2); and 8 (b) a reference to the Division in which an elector is enrolled 9 includes a reference to the Division in which the person is 10 provisionally enrolled. 11 128 Part IX 12 Repeal the Part. 13 129 After section 121 14 Insert: 15 121A Publication of advertisements on the Internet 16 (1) A person commits an offence if: 17 (a) either: 18 (i) the person publishes an advertisement relating to a 19 referendum on the Internet; or 20 (ii) the person causes, permits or authorises an 21 advertisement relating to a referendum to be published 22 on the Internet; and 23 (b) the advertisement is intended to affect voting in the 24 referendum; and 25 (c) the advertisement is paid for by the person or another person; 26 and 27 (d) the name and address of the person who authorised the 28 advertisement does not appear at the end of the 29 advertisement. 30 Penalty: 10 penalty units. 31 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 35 [Page Break] (2) Subsection (1) does not apply if the matter published on the 1 Internet forms part of a general commentary on a website. 2 Note: A defendant bears an evidential burden in relation to the matter in 3 subsection (2) (see subsection 13.3(3) of the Criminal Code). 4 (3) Section 15.2 of the Criminal Code (extended geographical 5 jurisdiction--category B) applies to an offence against 6 subsection (1). 7 (4) In this section: 8 address of a person means an address, including a full street 9 address and suburb or locality, that is located in Australia at which 10 the person can usually be contacted during the day. It does not 11 include a post office box. 12 130 Section 136 13 Repeal the section. 14 131 At the end of subparagraphs 6(a), (b) and (c) of 15 Schedule 4 16 Add "and". 17 132 After subparagraph 6(c) of Schedule 4 18 Insert: 19 (ca) in the case of an envelope purporting to contain a provisional 20 vote ballot-paper--if the elector (other than an elector to 21 whom subsection 104(4) of the Commonwealth Electoral Act 22 1918 applies) did not provide evidence of his or her identity 23 in accordance with section 37 at the time of casting the vote, 24 the elector has provided that evidence by the first Friday 25 following the voting day for that referendum; and 26 (cb) in the case of an envelope purporting to contain a postal 27 ballot-paper, a pre-poll vote ballot-paper, an absent vote 28 ballot-paper or a provisional vote ballot-paper, cast by an 29 elector who is provisionally enrolled--that, by the first 30 Friday following the polling day for that election, the elector 31 has provided an officer with: 32 (i) an original certificate of Australian citizenship granted 33 to the elector under section 13 of the Australian 34 Citizenship Act 1948; or 35 36 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (ii) a copy of the certificate of Australian citizenship 1 granted to the elector under section 13 of the Australian 2 Citizenship Act 1948 that has been attested to by an 3 elector in a prescribed class of electors; and 4 133 Subparagraph 6(cb) of Schedule 4 5 Omit all the words from and including "an officer", substitute "an 6 officer with evidence that the elector has become an Australian citizen 7 under the Australian Citizenship Act 2005". 8 134 Subparagraph 10(b) of Schedule 4 9 Omit "or 12A". 10 135 Subparagraph 10(ba) of Schedule 4 11 Repeal the paragraph. 12 136 At the end of paragraph 11 of Schedule 4 13 Add: 14 ; and (iii) that the omission was not attributable to subsection 15 118(4A) of the Commonwealth Electoral Act 1918. 16 137 Paragraphs 12A to 12D of Schedule 4 17 Repeal the paragraphs. 18 138 Paragraph 13 of Schedule 4 19 Omit "paragraphs 12, 12B and 12D", substitute "paragraph 12". 20 139 Paragraph 17 of Schedule 4 21 Omit "10(a), (b) or (ba)", substitute "10(a) or (b)". 22 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 37 [Page Break] 1 Schedule 2--Amendments to thresholds 2 3 Commonwealth Electoral Act 1918 4 1 Subparagraph 304(5)(b)(ii) 5 Omit "less than $200", substitute "$10,000 or less". 6 2 Paragraph 304(5)(c) 7 Omit "less than $1,000", substitute "$10,000 or less". 8 3 At the end of subsection 304(5) 9 Add: 10 Note: The dollar amounts mentioned in this subsection are indexed under 11 section 321A. 12 4 Paragraph 304(6)(b) 13 Omit "is equal to or exceeds $200", substitute "exceeds $10,000". 14 5 Paragraph 304(6)(c) 15 Omit "is equal to or exceeds $1,000", substitute "exceeds $10,000". 16 6 At the end of subsection 304(6) 17 Add: 18 Note: The dollar amounts mentioned in this subsection are indexed under 19 section 321A. 20 7 Subsection 305B(1) 21 Omit "$1,500 or more", substitute "more than $10,000". 22 8 At the end of subsection 305B(1) 23 Add: 24 Note: The dollar amount mentioned in this subsection is indexed under 25 section 321A. 26 9 Subsection 305B(3A) 27 Omit "$1,500 or more", substitute "more than $10,000". 28 38 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 10 Subsection 305B(3A) 1 Omit "is equal to or exceeds $1,000", substitute "exceeds $10,000". 2 11 At the end of subsection 305B(3A) 3 Add: 4 Note: The dollar amounts mentioned in this subsection are indexed under 5 section 321A. 6 12 Subsections 306(1) and (2) 7 Repeal the subsections, substitute: 8 (1) It is unlawful for: 9 (a) a political party; or 10 (b) a State branch of a political party; or 11 (c) a person acting on behalf of a political party or a State branch 12 of a political party; 13 to receive a gift made to or for the benefit of the party or branch by 14 another person, being a gift the amount or value of which exceeds 15 $10,000, unless: 16 (d) the name and address of the person making the gift are 17 known to the person receiving the gift; or 18 (e) at the time when the gift is made: 19 (i) the person making the gift gives to the person receiving 20 the gift his or her name and address; and 21 (ii) the person receiving the gift has no grounds to believe 22 that the name and address so given are not the true name 23 and address of the person making the gift. 24 Note: The dollar amount mentioned in this subsection is indexed under 25 section 321A. 26 (2) It is unlawful for: 27 (a) a candidate; or 28 (b) a member of a group; or 29 (c) a person acting on behalf of a candidate or group; 30 to receive a gift made to or for the benefit of the candidate or the 31 group, as the case may be, being a gift the amount or value of 32 which exceeds $10,000, unless: 33 (d) the name and address of the person making the gift are 34 known to the person receiving the gift; or 35 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 39 [Page Break] (e) at the time when the gift is made: 1 (i) the person making the gift gives to the person receiving 2 the gift his or her name and address; and 3 (ii) the person receiving the gift has no grounds to believe 4 that the name and address so given are not the true name 5 and address of the person making the gift. 6 Note: The dollar amount mentioned in this subsection is indexed under 7 section 321A. 8 13 Subsection 306A(1) 9 Omit "$1,500 or more", substitute "more than $10,000". 10 14 At the end of subsection 306A(1) 11 Add: 12 Note: The dollar amount mentioned in this subsection is indexed under 13 section 321A. 14 15 Subsection 306A(2) 15 Omit "$1,500 or more", substitute "more than $10,000". 16 16 At the end of subsection 306A(2) 17 Add: 18 Note: The dollar amount mentioned in this subsection is indexed under 19 section 321A. 20 17 Paragraph 306B(a) 21 Omit "is equal to or exceeds $1,000", substitute "exceeds $10,000". 22 18 At the end of section 306B 23 Add: 24 Note 3: The dollar amount mentioned in this section is indexed under 25 section 321A. 26 19 Subsection 311A(2) 27 Omit "less than $1,500", substitute "$10,000 or less". 28 20 At the end of subsection 311A(2) 29 Add: 30 40 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Note: The dollar amount mentioned in this subsection is indexed under 1 section 321A. 2 21 Subsection 314AC(1) 3 Omit "$1,500 or more", substitute "more than $10,000". 4 22 At the end of subsection 314AC(1) 5 Add: 6 Note: The dollar amount mentioned in this subsection is indexed under 7 section 321A. 8 23 Subsection 314AC(2) 9 Omit "less than $1,500", substitute "$10,000 or less". 10 24 At the end of subsection 314AC(2) 11 Add: 12 Note: The dollar amount mentioned in this subsection is indexed under 13 section 321A. 14 25 Subsection 314AE(1) 15 Omit "$1,500 or more", substitute "more than $10,000". 16 26 At the end of subsection 314AE(1) 17 Add: 18 Note: The dollar amount mentioned in this subsection is indexed under 19 section 321A. 20 27 At the end of Part XX 21 Add: 22 321A Indexation of amounts 23 (1) This section applies to the dollar amounts mentioned in the 24 following provisions: 25 (a) subparagraph 304(5)(b)(ii); 26 (b) paragraph 304(5)(c); 27 (c) paragraphs 304(6)(b) and (c); 28 (d) section 305A; 29 (e) subsections 305B(1) and (3A); 30 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 41 [Page Break] (f) subsections 306(1) and (2); 1 (g) subsections 306A(1) and (2); 2 (h) paragraph 306B(a); 3 (i) subsection 311A(2); 4 (j) subsections 314AC(1) and (2); 5 (k) subsection 314AE(1). 6 (2) The dollar amount mentioned in the provision, for an indexation 7 year whose indexation factor is greater than 1, is replaced by the 8 amount worked out using the following formula (rounded to the 9 nearest $100): 10 Dollar amount for the provision × Indexation factor 11 for the previous financial year for the indexation year (3) The dollar amount mentioned in the provision for an indexation 12 year is not replaced in respect of a disclosure period in relation to 13 an election if the indexation year begins between the issue of the 14 writ for the election and the polling day for the election. 15 (4) The indexation factor for an indexation year is the number worked 16 out using the following formula: 17 March index number for the previous financial year 18 March index number for the year before the previous financial year (5) The indexation factor is to be calculated to 3 decimal places, but 19 increased by .001 if the fourth decimal place is more than 4. 20 (6) Calculations under subsection (4): 21 (a) are to be made using only the March index numbers 22 published in terms of the most recently published reference 23 base for the Consumer Price Index; and 24 (b) are to be made disregarding March index numbers that are 25 published in substitution for previously published March 26 index numbers (except where the substituted numbers are 27 published to take account of changes in the reference base). 28 (7) In this section: 29 42 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] indexation year means the financial year commencing on 1 July 1 2006, and each subsequent financial year. 2 March index number means the All Groups Consumer Price Index 3 number, being the weighted average of the 8 capital cities, 4 published by the Australian Statistician in respect of the 3 months 5 ending on 31 March. 6 28 At the end of subsection 321A(1) 7 Add: 8 (m) paragraph 314AEB(1)(b); 9 (n) paragraph 314AEC(1)(c); 10 (o) subsection 314AEC(2). 11 29 Application of this Schedule 12 (1) The amendments made by this Schedule (other than item 28) apply to: 13 (a) that part of the 2005-06 financial year that commences on the 14 day on which the Bill for this Act is introduced into the 15 Parliament; and 16 (b) later financial years. 17 (2) The amendment made by item 28 applies to the 2006-07 financial year 18 and later financial years. 19 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 43 [Page Break] 1 Schedule 3--Deregistration of certain political 2 parties 3 4 1 Definitions 5 In this Schedule: 6 Electoral Commission has the meaning given by subsection 4(1) of the 7 Commonwealth Electoral Act 1918. 8 Parliamentary party has the meaning given by subsection 123(1) of the 9 Commonwealth Electoral Act 1918. 10 political party has the meaning given by subsection 4(1) of the 11 Commonwealth Electoral Act 1918. 12 related party has the meaning given by subsection 123(2) of the 13 Commonwealth Electoral Act 1918. 14 registered officer has the meaning given by section 4C of the 15 Commonwealth Electoral Act 1918. 16 Register of Political Parties means the Register established under 17 section 125 of the Commonwealth Electoral Act 1918. 18 2 Deregistration of certain political parties 19 (1) A political party that is registered under Part XI of the Commonwealth 20 Electoral Act 1918 at the time this item commences is deregistered by 21 force of this item, 6 months after that time, unless the party is covered 22 by subitem 3(1), (2) or (3). 23 (2) The Electoral Commission must notify a political party in writing if the 24 party is deregistered by force of this item. 25 3 Political parties that are not deregistered 26 (1) A political party is not deregistered by force of item 2 if, during the 41st 27 Commonwealth Parliament, but before this item commences: 28 (a) the party is a Parliamentary party; and 29 (b) the Electoral Commission has determined that the party is an 30 eligible political party for the purposes of section 138A of the 31 Commonwealth Electoral Act 1918. 32 (2) A political party is not deregistered by force of item 2 if, during the 41st 33 Commonwealth Parliament: 34 44 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] (a) the party is a Parliamentary party; and 1 (b) the Electoral Commission notifies the party of the 2 requirement to provide information for the purposes of 3 section 138A of the Commonwealth Electoral Act 1918, 4 which the party provides within 3 months of the date of the 5 notification; and 6 (c) within 6 months of this item commencing, the Electoral 7 Commission has determined that the party is an eligible 8 political party for the purposes of that section. 9 (3) A political party is not deregistered by force of item 2 if: 10 (a) within 3 months of this item commencing, the party claims, 11 in accordance with subitem (4), that the party should not be 12 deregistered; and 13 (b) within 6 months of this item commencing, the Electoral 14 Commission is satisfied that either: 15 (i) a member of the party was a candidate for the party at 16 an election and was elected at that time as a member of 17 the Commonwealth Parliament; or 18 (ii) a member of a related party was a candidate for the 19 related party at an election and was elected at that time 20 as a member of the Commonwealth Parliament. 21 (4) A claim under this item must: 22 (a) be made by the person who is the registered officer of the 23 political party; and 24 (b) name the member of the party, or the member of a related 25 party, on whom the party relies for the claim; and 26 (c) state the period during which the member was a member of 27 the Commonwealth Parliament; and 28 (d) be accompanied by documentary evidence that is necessary 29 and sufficient to establish, or a declaration signed by the 30 member: 31 (i) that the member was a candidate for the party, or a 32 related party, at an election; and 33 (ii) that the member was elected at that time as a member of 34 the Commonwealth Parliament; and 35 (iii) if the party relies for the claim on a member of a related 36 party--that the related party was, at that time, related to 37 the party by whom the claim is made; and 38 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 45 [Page Break] (e) if subparagraph (d)(iii) applies--be signed by the party 1 secretaries of the party and the related party. 2 (5) A person who was elected as a member of the Commonwealth 3 Parliament must not be relied on by more than one political party for its 4 claim, unless: 5 (a) at a time when the person was a member of a political party, 6 the person was a candidate for the party at an election, and 7 was elected at that time as a member of the Commonwealth 8 Parliament; and 9 (b) at another time when the person was a member of another 10 political party, the person was a candidate for the other party 11 at another election, and was elected at that time as a member 12 of the Commonwealth Parliament. 13 (6) If more than one political party relies on the same person for its claim in 14 contravention of subitem (5), then: 15 (a) if at a time when the person was a member of one of the 16 political parties, the person was a candidate for the party at 17 an election, and was elected at that time as a member of the 18 Commonwealth Parliament--that party may rely on the 19 person; and 20 (b) otherwise--the party: 21 (i) that the Electoral Commission is satisfied is covered by 22 subitem (2) or (3); and 23 (ii) that makes the earliest claim; 24 may rely on the person. 25 (7) Before determining a claim made under this item, the Electoral 26 Commission may make any inquiries that it considers appropriate to 27 ascertain facts in relation to the claim. 28 (8) A determination or decision by the Electoral Commission in respect of a 29 claim made under this item is taken to be a reviewable decision for the 30 purposes of section 141 of the Commonwealth Electoral Act 1918. 31 4 Waiver of fee for re-registration 32 If, within 12 months of the day on which item 2 commences, a political 33 party that is deregistered by force of that item makes an application to 34 be registered under section 126 of the Commonwealth Electoral Act 35 1918, the application need not be accompanied by a fee of $500 as 36 required by paragraph 126(2)(g) of that Act. 37 46 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] 5 Freezing the Register of Political Parties 1 During the period of 6 months commencing on the day on which this 2 item commences: 3 (a) a political party must not be added to, or deleted from, the 4 Register of Political Parties; and 5 (b) an entry on the Register must not be changed, other than to 6 substitute the name of a new registered officer for a political 7 party for the purposes of paragraph 134(1)(g) of the 8 Commonwealth Electoral Act 1918. 9 6 Election called during the year 10 Despite this Schedule, if the writ for an election is issued during the 11 period of 12 months commencing on the day on which this item 12 commences, then for the purposes of the election, the Register of 13 Political Parties as in force at the time this item commences is taken to 14 be the Register of Political Parties. 15 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 47 [Page Break] Part 1 Insertion of new Subdivision 30-DA in the Income Tax Assessment Act 1997 1 Schedule 4--Donations to political parties and 2 independent candidates and members 3 Part 1--Insertion of new Subdivision 30-DA in the 4 Income Tax Assessment Act 1997 5 1 After Subdivision 30-D 6 Insert: 7 Subdivision 30-DA--Donations to political parties and 8 independent candidates and members 9 Guide to Subdivision 30-DA 10 30-241 What this Subdivision is about 11 Generally, you can deduct certain contributions to political parties 12 and gifts to independent candidates and members. 13 Contributions and gifts must be at least $2 and there is a limit on 14 the total amount that you can deduct. 15 Table of sections 16 Operative provisions 17 30-242 Deduction for political contributions and gifts 18 30-243 Amount of the deduction 19 30-244 When an individual is an independent candidate 20 30-245 When an individual is an independent member 21 Operative provisions 22 30-242 Deduction for political contributions and gifts 23 (1) You can deduct any of the following for the income year in which 24 they are made: 25 48 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Insertion of new Subdivision 30-DA in the Income Tax Assessment Act 1997 Part 1 (a) a contribution to a political party that is registered under 1 Part XI of the Commonwealth Electoral Act 1918 or under 2 corresponding State or Territory legislation; 3 (b) a gift to an individual when the individual is an *independent 4 candidate for a Commonwealth, State, Northern Territory or 5 Australian Capital Territory election; 6 (c) a gift to an individual who is, or was, an *independent 7 member of the Commonwealth Parliament, a State 8 Parliament, the Legislative Assembly of the Northern 9 Territory or the Legislative Assembly for the Australian 10 Capital Territory. 11 (2) The contribution or gift must be of: 12 (a) money; or 13 (b) property that you purchased during the 12 months before 14 making the contribution or gift. 15 (3) The value of the contribution or gift must be at least $2. 16 (4) You cannot deduct a testamentary contribution or gift under this 17 Subdivision. 18 (5) A gift to an individual who is, or was, an *independent member 19 must be made: 20 (a) when the individual is an independent member; or 21 (b) if the individual ceases to be an independent member 22 because: 23 (i) a Parliament, a House of a Parliament or a Legislative 24 Assembly is dissolved or has reached its maximum 25 duration; or 26 (ii) the individual comes up for election; 27 after the individual ceases to be a member but before 28 candidates for the resulting election are declared or otherwise 29 publicly announced by an entity authorised under the relevant 30 electoral legislation. 31 30-243 Amount of the deduction 32 (1) If the contribution or gift is money, the amount of the deduction is 33 the amount of money. 34 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 49 [Page Break] Part 1 Insertion of new Subdivision 30-DA in the Income Tax Assessment Act 1997 (2) If the contribution or gift is property, the amount of the deduction 1 is the lesser of: 2 (a) the market value of the property on the day that you made the 3 contribution or gift; and 4 (b) the amount that you paid for the property. 5 $1,500 limit on deductions 6 (3) You cannot deduct more than $1,500 under this Subdivision for an 7 income year for contributions to political parties. 8 (4) You cannot deduct more than $1,500 under this Subdivision for an 9 income year for gifts to *independent candidates or *independent 10 members. 11 30-244 When an individual is an independent candidate 12 (1) An individual is an independent candidate if: 13 (a) the individual is a candidate in an election (including an 14 election that is later declared void) for members of the 15 Commonwealth Parliament, a State Parliament, the 16 Legislative Assembly of the Northern Territory or the 17 Legislative Assembly for the Australian Capital Territory; 18 and 19 (b) the individual's candidature is not endorsed by a political 20 party that is registered under Part XI of the Commonwealth 21 Electoral Act 1918 or under corresponding State or Territory 22 legislation. 23 (2) However, an individual does not start being an *independent 24 candidate until the candidates for the election are declared or 25 otherwise publicly announced by an entity authorised under the 26 relevant electoral legislation. 27 (3) An individual stops being an *independent candidate when the 28 result of the election is declared or otherwise publicly announced 29 by an entity authorised under the relevant electoral legislation. 30 (4) If: 31 (a) the election is taken to have wholly failed under the relevant 32 electoral legislation; and 33 50 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Insertion of new Subdivision 30-DA in the Income Tax Assessment Act 1997 Part 1 (b) the result of the election has not been declared or otherwise 1 publicly announced by an entity authorised under the relevant 2 electoral legislation; 3 the individual stops being an *independent candidate in that 4 election when candidates for the replacement election are declared 5 or otherwise publicly announced by an entity authorised under the 6 relevant electoral legislation. 7 30-245 When an individual is an independent member 8 (1) An individual is an independent member of the Commonwealth 9 Parliament, a State Parliament, the Legislative Assembly of the 10 Northern Territory or the Legislative Assembly for the Australian 11 Capital Territory if the individual: 12 (a) is a member of that Parliament or Legislative Assembly; and 13 (b) the individual is not a member of a political party that is 14 registered under Part XI of the Commonwealth Electoral Act 15 1918 or under corresponding State or Territory legislation. 16 (2) An individual who becomes a member as a result of an election 17 (including an election that is later declared void) is taken to start 18 being a member of the Parliament or Legislative Assembly when 19 the individual's election as a member is declared or otherwise 20 publicly announced by an entity authorised under the relevant 21 electoral legislation. 22 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 51 [Page Break] Part 2 Further amendment of the Income Tax Assessment Act 1997 1 Part 2--Further amendment of the Income Tax 2 Assessment Act 1997 3 2 Subsection 30-5(1) 4 After "making", insert "a contribution to a political party, a gift to an 5 independent candidate or member or". 6 3 Subsection 30-5(1) (note) 7 Repeal the note, substitute: 8 Note 1: Subdivision 30-D deals with the deductibility of testamentary gifts 9 under the Cultural Bequests Program. 10 Note 2: Subdivision 30-DA deals with the deductibility of contributions to 11 political parties and gifts to independent candidates and members. 12 4 Subsection 30-15(2) (note) 13 Omit "Note", substitute "Note 1". 14 5 Subsection 30-15(2) (after note 1) 15 Insert: 16 Note 2: Subdivision 30-DA deals with the deductibility of contributions to 17 political parties and gifts to independent candidates and members. 18 6 Subsection 30-15(2) (table item 3) 19 Repeal the item. 20 7 Subsection 30-315(2) (table item 87) 21 Omit "contributions", substitute "parties and independent candidates 22 and members". 23 8 Subsection 30-315(2) (table item 87) 24 Omit "item 3 of the table in section 30-15", substitute 25 "Subdivision 30-DA". 26 9 Subsection 995-1(1) 27 Insert: 28 independent candidate has the meaning given by section 30-244. 29 52 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Further amendment of the Income Tax Assessment Act 1997 Part 2 10 Subsection 995-1(1) 1 Insert: 2 independent member has the meaning given by section 30-245. 3 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 53 [Page Break] Part 3 Amendment of the Income Tax Assessment Act 1936 1 Part 3--Amendment of the Income Tax Assessment 2 Act 1936 3 11 Subsections 78A(2), (3) and (4) 4 Omit "fund, authority or institution" (wherever occurring), substitute 5 "fund, authority, institution or person". 6 54 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 [Page Break] Application of amendments Part 4 1 Part 4--Application of amendments 2 12 Application 3 The amendments made by this Schedule apply to contributions or gifts 4 made on or after the day on which this Act receives the Royal Assent. 5 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 No. , 2005 55