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Queensland
ELECTORAL AND OTHER
ACTS AMENDMENT BILL 2002
Queensland
ELECTORAL AND OTHER ACTS
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--ELECTORAL ACT 1992
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Note in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 8 (Functions and powers of commission) . . . . . . . . . . . . . 10
7 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
33A Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 58 (Commission to keep electoral rolls) . . . . . . . . . . . . . . 11
9 Amendment of s 64 (Entitlement to enrolment) . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 73 (Refusal of registration) . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
73A Complying constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 75 (Cancellation of registration) . . . . . . . . . . . . . . . . . . . . 14
13 Insertion of new s 76A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
76A Party constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of s 85 (Deposit to accompany nomination). . . . . . . . . . . . . . . 15
15 Amendment of s 94 (Kinds of polling booths) . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 105 (Who may make a declaration vote) . . . . . . . . . . . . . . 16
17 Insertion of new pt 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Electoral and Other Acts Amendment Bill 2002
PART 8A--COMMISSION OVERSIGHT OF PRESELECTION
BALLOTS
148H Model procedures for preselection ballots. . . . . . . . . . . . . . . . . . . . . 18
148I Notice of preselection ballots to commission . . . . . . . . . . . . . . . . . . 18
148J Inquiry into preselection ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
148K Frivolous or vexatious complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
148L Notice of preselection ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
148M Selecting preselection ballots for random audit. . . . . . . . . . . . . . . . . 20
148N Random audit of preselection ballots. . . . . . . . . . . . . . . . . . . . . . . . . 21
148O Election not invalidated by irregular preselection ballot . . . . . . . . . . 22
18 Omission of ss 153156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
19 Omission of s 159 (Forging or uttering electoral papers etc.) . . . . . . . . . . . . 22
20 Amendment of s 161 (Author of election matter must be named) . . . . . . . . 22
21 Amendment of s 161A (Distribution of how-to-vote cards) . . . . . . . . . . . . . 23
22 Insertion of new s 161B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
161B Lodging how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Amendment of s 163 (Misleading voters) . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Amendment of s 164 (Failure to vote etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Amendment of s 166 (Canvassing etc. in or near polling places) . . . . . . . . . 26
26 Omission of s 168 (Influencing voting). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
27 Omission of s 170 (Voting if not entitled etc.) . . . . . . . . . . . . . . . . . . . . . . . 26
28 Omission of pt 9, div 4 (Further penalty of parliamentary
disqualification for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 179 (How things are to be signed) . . . . . . . . . . . . . . . . . . . 26
30 Insertion of new pt and div hdgs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Transitional provision for Electoral and Other Acts
Amendment Act 2002
184 Registered political party constitution . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Amendment of schedule, s 287 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of schedule, s 287AA (Meaning of "disclosure period") . . . . . 28
34 Amendment of schedule, s 292 (Effect of registration etc.) . . . . . . . . . . . . . 28
35 Amendment of schedule, insertion of new s 304A . . . . . . . . . . . . . . . . . . . . 28
3
Electoral and Other Acts Amendment Bill 2002
304A Loans to candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Amendment of schedule, replacement of ss 305A and 305B . . . . . . . . . . . . 29
305A Donations to candidates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
305B Donations to political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Amendment of schedule, insertion of new s 306A . . . . . . . . . . . . . . . . . . . . 32
306A Certain loans not to be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38 Amendment of schedule, s 307 (Nil returns) . . . . . . . . . . . . . . . . . . . . . . . . 34
39 Amendment of schedule, s 308 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . 34
40 Amendment of schedule, replacement of ss 310 and 311 . . . . . . . . . . . . . . . 34
310 Returns by broadcasters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
311 Returns by publishers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
41 Amendment of schedule, s 314AA (Interpretation) . . . . . . . . . . . . . . . . . . . 37
42 Amendment of schedule, s 314AC (Amounts received) . . . . . . . . . . . . . . . . 37
43 Amendment of schedule, s 314AD (Amounts paid) . . . . . . . . . . . . . . . . . . . 37
44 Amendment of schedule, s 317 (Records to be kept) . . . . . . . . . . . . . . . . . . 37
45 Amendment of schedule, s 320 (Inspection and supply of copies of
claims and returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
46 Amendment of s 333 (Authorised officer's general powers for places) . . . . 38
47 Amendment of schedule, insertion of new s 336A . . . . . . . . . . . . . . . . . . . . 38
336A Powers in relation to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 3--CRIMINAL CODE
48 Code amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
49 Insertion of new ch 14, div hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Amendment of s 98 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51 Replacement of s 98A (Chapter does not apply to certain elections) . . . . . . 39
Chapter division 2--Legislative Assembly and Brisbane City Council
elections and referendums
98A Reference to election or referendum . . . . . . . . . . . . . . . . . . . . . . . . . 40
98B False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
98C Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
98D Forging or uttering electoral or referendum paper. . . . . . . . . . . . . . . 41
98E Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
98F Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . . . 42
4
Electoral and Other Acts Amendment Bill 2002
98G Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Chapter division 3--Other elections
98H Application of ch div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
52 Amendment of s 552B (Charges of indictable offences that may be
dealt with summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 4--CRIMINAL LAW (REHABILITATION OF OFFENDERS)
ACT 1986
53 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
54 Amendment of s 9A (Disclosure of particulars in special cases) . . . . . . . . . 44
PART 5--LEGISLATIVE ASSEMBLY ACT 1867
55 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
56 Amendment of s 7 (Vacating seats of members of Assembly in certain
cases) ................................................. 45
PART 6--LOCAL GOVERNMENT ACT 1993
57 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
58 Amendment of s 221 (General disqualifications) . . . . . . . . . . . . . . . . . . . . . 45
59 Amendment of s 854A (No jurisdiction to make local laws and
subordinate local laws about distributing how-to-vote cards). . . . . . . . . . . . 46
PART 7--PARLIAMENT OF QUEENSLAND ACT 2001
60 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
61 Amendment of s 64 (Qualifications to be a candidate and be
elected a member) ......................................... 46
62 Amendment of s 72 (Vacating seats of members in particular
circumstances) ......................................... 47
PART 8--REFERENDUMS ACT 1997
63 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
64 Amendment of s 16 (Kinds of polling booths) . . . . . . . . . . . . . . . . . . . . . . . 48
65 Amendment of s 25 (Who may make a declaration vote) . . . . . . . . . . . . . . . 48
66 Omission of ss 6467 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
67 Omission of s 70 (Forging or uttering referendum papers etc.) . . . . . . . . . . 48
68 Amendment of s 74 (Misleading electors) . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Amendment of s 75 (Failure to vote etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70 Amendment of s 77 (Canvassing etc. in or near polling places) . . . . . . . . . . 49
71 Omission of s 79 (Influencing voting). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
72 Omission of s 81 (Voting if not entitled etc.) . . . . . . . . . . . . . . . . . . . . . . . . 49
5
Electoral and Other Acts Amendment Bill 2002
73 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 7A--RETURNS BY BROADCASTERS AND PUBLISHERS
96A Returns by broadcasters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
96B Returns by publishers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
96C Combined returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
96D Inspection and supply of copies of returns . . . . . . . . . . . . . . . . . . . . 53
74 Amendment of s 98 (How things are to be signed) . . . . . . . . . . . . . . . . . . . . 53
75 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
2002
A BILL
FOR
An Act to amend the Electoral Act 1992, and for other purposes
s1 8 s5
Electoral and Other Acts Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Electoral and Other Acts Amendment 4
Act 2002. 5
2 Commencement
Clause 6
(1) Sections 28, 54(2) and 58 commence on 6 June 2002. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
PART 2--ELECTORAL ACT 1992 10
3 Act amended in pt 2
Clause 11
This part amends the Electoral Act 1992. 12
4 Insertion of new s 2
Clause 13
Part 1-- 14
insert-- 15
`2 Note in text 16
`A note in the text of this Act is part of the Act.'. 17
5 Amendment of s 3 (Definitions)
Clause 18
(1) Section 3-- 19
insert-- 20
s5 9 s5
Electoral and Other Acts Amendment Bill 2002
` "broadcast" includes televise. 1
"broadcaster" means-- 2
(a) the Australian Broadcasting Corporation established under the 3
Australian Broadcasting Corporation Act 1983 (Cwlth); or 4
(b) the Special Broadcasting Service Corporation established under 5
the Special Broadcasting Service Act 1991 (Cwlth), section 5; or 6
(c) the holder of a licence under the Broadcasting Services Act 1992 7
(Cwlth); or 8
(d) the provider of a broadcasting service under a class licence under 9
the Broadcasting Services Act 1992 (Cwlth). 10
"complying constitution" see section 73A. 11
"disqualifying electoral offence" means an offence, of which an offender 12
is convicted after the commencement of the Electoral and Other Acts 13
Amendment Act 2002, section 5-- 14
(a) that relates to-- 15
(i) an election of a member of an Australian Parliament; or 16
(i) an election to the office of chairperson, mayor, president, 17
councillor or member of a local government, or to an 18
equivalent office in another State; or 19
(iii) a referendum conducted under a law of the State, another 20
State or the Commonwealth; or 21
(iv) the enrolment of a person on an electoral roll; and 22
(b) for which the penalty imposed included a sentence of 23
imprisonment, other than a sentence of imprisonment for 24
non-payment of a fine, restitution or other amount. 25
"distribute" a how-to-vote card-- 26
(a) includes make the card available to other persons; but 27
(b) does not include merely display the card. 28
29
Examples--
30
1. A person "distributes" how-to-vote cards if the person hands the cards to
31
other persons or leaves them at a place for other persons to take away.
32
2. A person does not "distribute" how-to-vote cards if the person attaches the
33
cards to walls and other structures, merely for display.
"how-to-vote card" means a card, handbill or pamphlet that-- 34
s6 10 s6
Electoral and Other Acts Amendment Bill 2002
(a) is or includes-- 1
(i) a representation of a ballot paper or part of a ballot paper; or 2
(ii) something apparently intended to represent a ballot paper or 3
part of a ballot paper; or 4
(b) lists the names of any or all of the candidates for an election with 5
a number indicating an order of voting preference against the 6
names of any or all of the candidates; or 7
(c) otherwise directs or encourages the casting of preference votes, 8
other than first preference votes, in a particular way. 9
"preselection ballot"-- 10
(a) means the process, or that part of the process, of selecting a 11
candidate to be endorsed by a political party for an election, or an 12
election for a local government, in which a member of the party 13
votes in a ballot in his or her capacity as a member of the party, 14
rather than as a member of a committee (however called) of the 15
party, for the candidate; and 16
(b) includes matters preparatory to the ballot and the scrutiny and 17
counting of votes in the ballot. 18
19
Example--
20
If the selection of a candidate involves a poll of the party members and the
21
endorsement of the poll result by a party committee, only the poll is a
22
preselection ballot.'.
(2) Section 3, definition "political party", `or activity, or 1 of whose 23
objects or activities'-- 24
omit, insert-- 25
`, or 1 of whose objects'. 26
6 Amendment of s 8 (Functions and powers of commission)
Clause 27
(1) Section 8(1)(e) to (h)-- 28
renumber as section 8(1)(g) to (j). 29
(2) Section 8(1)-- 30
insert-- 31
s7 11 s8
Electoral and Other Acts Amendment Bill 2002
`(e) implement strategies to encourage persons, particularly those 1
belonging to groups with traditionally low enrolment rates, to 2
enrol as electors; and 3
(f) implement strategies to maintain the integrity of the electoral 4
rolls; and'. 5
(3) Section 8(2), `(g)'-- 6
omit, insert-- 7
`(i)'. 8
7 Insertion of new s 33A
Clause 9
Part 2, division 3-- 10
insert-- 11
`33A Confidentiality of information 12
`A person who is involved in the administration of this Act who gains 13
information because of the person's involvement in the administration must 14
not disclose the information to anyone else other than-- 15
(a) for the purposes of this Act; or 16
(b) under the authority of another Act; or 17
(c) in a proceeding before a court in which the information is 18
relevant to the issue before the court. 19
Maximum penalty--40 penalty units or 18 months imprisonment.'. 20
8 Amendment of s 58 (Commission to keep electoral rolls)
Clause 21
Section 58-- 22
insert-- 23
`(6) For the purposes of this Act, the commission may ask a government 24
entity prescribed under a regulation to give the commission information of 25
the kind mentioned in subsection (3)(a) to (c) as shown in any records kept 26
by the entity. 27
28
Example--
29
The commission may ask a local government for the names of all ratepayers living in a
30
particular local government area.
s9 12 s9
Electoral and Other Acts Amendment Bill 2002
`(7) The entity must give the commission the information as soon as 1
practicable after receiving the request. 2
`(8) The chief executive officer of the entity may, before giving the 3
information, require payment of a fee decided by the chief executive officer 4
that reasonably reflects the cost of extracting the information from the 5
entity's records. 6
`(9) The entity need not give the information about a person if the entity 7
reasonably suspects that disclosing the information would be likely to 8
endanger the person's safety. 9
`(10) Subsection (7) has effect despite the provisions of any other Act 10
that would otherwise permit or require the entity to refuse the 11
commission's request. 12
`(11) In this section-- 13
"government entity" includes-- 14
(a) a local government; and 15
(b) a department, service, agency, authority, commission, 16
corporation, instrumentality, board, office or other entity 17
established for a State government purpose; and 18
(c) a part of an entity mentioned in paragraph (b); 19
but does not include the police service or the Crime and Misconduct 20
Commission.'. 21
9 Amendment of s 64 (Entitlement to enrolment)
Clause 22
(1) Section 64(4)-- 23
renumber as section 64(5). 24
(2) Section 64-- 25
insert-- 26
`(4) Also, a member of the Legislative Assembly may be enrolled for an 27
electoral district (the "other district") other than the district that the 28
member represents (the "member's district") if, because of an electoral 29
redistribution, the other district contains at least half of the electors who 30
were enrolled for the member's district when the commission calculated 31
the average number of enrolled electors for electoral districts for 32
section 45(1).'. 33
s 10 13 s 11
Electoral and Other Acts Amendment Bill 2002
10 Amendment of s 73 (Refusal of registration)
Clause 1
(1) Section 73(5)-- 2
renumber as section 73(6). 3
(2) Section 73-- 4
insert-- 5
`(5) The commission must refuse to register a political party if the 6
party's constitution is not a complying constitution.1'. 7
11 Insertion of new s 73A
Clause 8
After section 73-- 9
insert-- 10
`73A Complying constitution 11
`(1) A political party's constitution is a "complying constitution" if it 12
contains the following-- 13
(a) the party's objects, 1 of which must be the promotion of the 14
election to the Legislative Assembly of a candidate or candidates 15
endorsed by it or by a body or organisation of which it forms a 16
part; 17
(b) the procedure for amending the constitution; 18
(c) the rules for membership of the party, which must include the 19
following rules-- 20
(i) a rule stating the procedure for accepting a person as a 21
member; 22
(ii) a rule stating the procedure for ending a person's 23
membership; 24
(iii) a rule prohibiting a person from becoming a member of the 25
party if the person has been convicted of a disqualifying 26
electoral offence within 10 years before the person applies 27
to become a member; 28
1 See section 73A (Complying constitution)
s 12 14 s 12
Electoral and Other Acts Amendment Bill 2002
(iv) a rule prohibiting a person from continuing as a member of 1
the party if the person is convicted of a disqualifying 2
electoral offence; 3
(d) a statement about how the party manages its internal affairs, 4
including a statement about-- 5
(i) the party structure; and 6
(ii) the process for dispute resolution; 7
(e) the rules for selecting-- 8
(i) a person to hold an office in the party; and 9
(ii) a candidate to be endorsed by the party for an election or an 10
election for a local government; 11
(f) a rule requiring that a preselection ballot must satisfy the general 12
principles of free and democratic elections. 13
`(2) The general principles of free and democratic elections as applied to 14
a preselection ballot are as follows-- 15
(a) only members of the party who are electors may vote; 16
(b) only members of the party who are eligible to vote in the ballot 17
under the party's constitution may vote; 18
(c) each member has only 1 vote; 19
(d) voting must be done by secret ballot; 20
(e) a member must not be improperly influenced in voting; 21
(f) a member's ballot paper must be counted if the member's 22
intention is clear; 23
(g) members' votes must be accurately counted; 24
(h) each person who is seeking selection may be present personally, 25
or may be represented by another person, at the ballot and for the 26
scrutiny, and counting, of votes.'. 27
12 Amendment of s 75 (Cancellation of registration)
Clause 28
Section 75(2)-- 29
insert-- 30
`(e) the party's constitution is not a complying constitution; or 31
s 13 15 s 14
Electoral and Other Acts Amendment Bill 2002
(f) the party's registered officer has failed to comply with 1
section 76A(1) or (2),2 including, for example, by giving false or 2
misleading information under the provision.'. 3
13 Insertion of new s 76A
Clause 4
Part 5-- 5
insert-- 6
`76A Party constitution 7
`(1) The registered officer of a registered political party must, within 8
7 days after each report date, notify the commission in the approved form 9
whether or not an amendment has been made to the party's constitution 10
since the last report date. 11
`(2) If an amendment has been made, the registered officer must also 12
give the commission-- 13
(a) a copy of the amended constitution; and 14
(b) a summary of the amendments. 15
`(3) In this section-- 16
"report date" means 31 March, 30 June, 30 September and 31 December 17
in each year. 18
19
Note--
20
See section 75(2)(f) for the effect of noncompliance with subsection (1) or (2).'.
14 Amendment of s 85 (Deposit to accompany nomination)
Clause 21
(1) Section 85(3)-- 22
omit, insert-- 23
`(3) If the candidate dies before the writ is returned, the deposit must be 24
returned to-- 25
(a) if the deposit was paid by someone other than the candidate--the 26
other person; or 27
(b) otherwise--the candidate's personal representative.'. 28
2 Section 76A (Party constitution)
s 15 16 s 16
Electoral and Other Acts Amendment Bill 2002
(2) Section 85(4), `to the candidate'-- 1
omit, insert-- 2
`to the person who paid the deposit, or someone else with the person's 3
written authority,'. 4
15 Amendment of s 94 (Kinds of polling booths)
Clause 5
(1) Section 94-- 6
insert-- 7
`(4A) The commission may require an issuing officer visiting an 8
institution declared under subsection (4) to present how-to-vote cards to 9
electors at the institution and present the cards in a particular way. 10
11
Example--
12
The commission may require an issuing officer to give how-to-vote cards to electors at
13
a declared institution or to paste the cards on a manila folder and show it to the electors.
`(4B) The issuing officer must comply with the requirement.'. 14
(2) Section 94-- 15
insert-- 16
`(7) The commission, a returning officer or an issuing officer may 17
change the arrangements made under subsection (6) at any time. 18
`(8) If the arrangements are changed, the commission, returning officer 19
or issuing officer must take the steps that are practical and appropriate to 20
give public notice of the changed arrangements. 21
`(9) The result of the election is not invalidated only because an issuing 22
officer failed to visit a mobile polling booth as arranged.'. 23
16 Amendment of s 105 (Who may make a declaration vote)
Clause 24
(1) Section 105(2)-- 25
insert-- 26
`(g) an elector who a doctor has certified, in writing, is so physically 27
incapacitated as to be incapable of signing the elector's name.'. 28
(2) Section 105(3)(a)-- 29
omit, insert-- 30
s 17 17 s 17
Electoral and Other Acts Amendment Bill 2002
`(a) an elector whose name is included in the register of special postal 1
voters because of a written application that satisfies the 2
commission that-- 3
(i) the elector's address, as shown on an electoral roll 4
immediately before the commencement of this paragraph, is 5
more than 15 km but not more than 20 km, by the nearest 6
practicable route, from a polling booth; or 7
(ii) the elector's address is more than 20 km, by the nearest 8
practicable route, from a polling booth; or 9
(iii) the elector is entitled to be enrolled as a general postal voter 10
under the Commonwealth Electoral Act, section 184A(2)(d) 11
to (h);'. 12
(3) Section 105(5), `later than 2'-- 13
omit, insert-- 14
`less than 18 months but not more than 3'. 15
(4) Section 105-- 16
insert-- 17
`(6) To do so, the commissioner must require each elector whose name is 18
included in the register of special postal voters because of a circumstance 19
mentioned in subsection (3)(a)(i) or (ii) to advise, in the approved form, 20
whether the elector still lives at the address shown on the electoral roll. 21
`(7) As part of the review, the commission must do a random check of 22
approved forms given to the commission under subsection (6) to decide 23
whether the signature on each approved form checked is the same as the 24
signature on the approved form's corresponding application for 25
enrolment.'. 26
17 Insertion of new pt 8A
Clause 27
After section 148G-- 28
insert-- 29
s 17 18 s 17
Electoral and Other Acts Amendment Bill 2002
`PART 8A--COMMISSION OVERSIGHT OF 1
PRESELECTION BALLOTS 2
`148H Model procedures for preselection ballots 3
`The commission must give a copy of the model procedures for the 4
conduct of a preselection ballot, prescribed under a regulation, (the "model 5
procedures") to the registered officer of each registered political party. 6
`148I Notice of preselection ballots to commission 7
`(1) The registered officer must give the commission at least 7 days 8
written notice of when voting in a preselection ballot is to be held. 9
Maximum penalty--40 penalty units. 10
`(2) The registered officer must give a candidate in the ballot a copy of 11
the model procedures. 12
`(3) The candidate must give the registered officer written 13
acknowledgment of receipt of the model procedures. 14
`148J Inquiry into preselection ballot 15
`(1) The commission may inquire into a preselection ballot of a 16
candidate for an election or an election for a local government-- 17
(a) on its own initiative; or 18
(b) on receiving a complaint from a candidate, or a party member 19
who is eligible to vote, in the preselection ballot that the ballot 20
has not, or is not to be, conducted in accordance with-- 21
(i) the model procedures; and 22
(ii) the party's constitution. 23
`(2) A complaint under subsection (1)(b) must-- 24
(a) be made within 30 days after the voting in the ballot takes place; 25
and 26
(b) be in writing; and 27
(c) state in detail the grounds on which the complaint is made. 28
s 17 19 s 17
Electoral and Other Acts Amendment Bill 2002
`(3) The commission may refuse to investigate a complaint that does not 1
comply with subsection (2). 2
`(4) The commission may conduct the inquiry before or after the voting 3
in the ballot takes place. 4
`(5) The commission may require the registered officer-- 5
(a) to give the commission, within a stated reasonable period, a list 6
of the names and addresses of the members of the party who 7
voted, or are eligible to vote, in the ballot; and 8
(b) to certify to the commission, within a stated reasonable period, 9
that each member listed was, at the time of the ballot, or is, 10
eligible to vote in the ballot under the party's constitution. 11
`(6) The commission may require the registered officer to give the 12
commission, within a stated reasonable period, copies of the records of the 13
party that are reasonably necessary for the commission to ensure the 14
information given by the registered officer is accurate. 15
`(7) The registered officer must comply with a requirement under 16
subsection (5) or (6), unless the registered officer has a reasonable excuse. 17
Maximum penalty--400 penalty units. 18
`(8) The commission must, as soon as practicable, give the Minister a 19
report that-- 20
(a) identifies the preselection ballot examined under this section; and 21
(b) states whether the ballot was conducted in accordance with-- 22
(i) the model procedures; and 23
(ii) the party's constitution. 24
`148K Frivolous or vexatious complaint 25
`(1) The commission may give a person notice that a complaint made by 26
the person under section 148J will not be investigated, or further 27
investigated, by the commission because it appears-- 28
(a) to concern a frivolous matter; or 29
(b) to have been made vexatiously. 30
`(2) The notice must advise the person that if the person again makes the 31
same or substantially the same complaint to the commission the person 32
s 17 20 s 17
Electoral and Other Acts Amendment Bill 2002
commits an offence punishable by a fine of 85 penalty units or 1 year's 1
imprisonment or both. 2
`(3) If, after receiving a notice mentioned in subsection (2), the person 3
makes the same or substantially the same complaint to the commission 4
again, the person commits an offence. 5
Maximum penalty--85 penalty units or 1 year's imprisonment. 6
`(4) It is a defence to a prosecution for an offence against subsection (3) 7
for the person to prove that the complaint did not concern a frivolous 8
matter and was not made vexatiously. 9
`(5) In this section-- 10
"make" a complaint to the commission includes cause a complaint to be 11
referred to the commission. 12
`148L Notice of preselection ballot 13
`The registered officer of a registered political party must, not later than 14
30 days after the polling day for an election in which the party endorsed a 15
candidate, notify the commission whether the selection of the candidate 16
involved a preselection ballot. 17
Maximum penalty--40 penalty units. 18
`148M Selecting preselection ballots for random audit 19
`(1) As soon as practicable after the 30th day after the polling day for an 20
election, the commission must decide how many of the total number of 21
preselection ballots of candidates for each registered political party in an 22
election of which it has been notified it will audit. 23
`(2) Once the commission has decided the number of ballots it will audit, 24
a member of the commission's staff must, in the presence of at least 25
2 witnesses-- 26
(a) write the name of each of the candidates chosen by preselection 27
ballot on a separate piece of paper; and 28
(b) ensure that each piece of paper is the same kind, shape, size and 29
colour; and 30
(c) put each separate piece of paper in a separate envelope and, if it 31
is necessary to fold the piece of paper to make it fit in the 32
s 17 21 s 17
Electoral and Other Acts Amendment Bill 2002
envelope, fold each piece of paper in the same way in order to 1
make each piece of paper the same size and thickness; and 2
(d) ensure that each envelope is opaque and of the same kind, shape, 3
size and colour; and 4
(e) after each piece of paper has been put in an envelope, seal the 5
envelope; and 6
(f) put all the envelopes in a container and mix them up; and 7
(g) draw out, 1 at a time, only the number of envelopes that equal the 8
number decided by the commission under subsection (1); and 9
(h) as each envelope is drawn out, open it and note the name of the 10
candidate written on the piece of paper in the envelope. 11
`(3) The member of the commission's staff must allow any candidate, or 12
representative of a candidate, to be present during the process mentioned in 13
subsection (2). 14
`148N Random audit of preselection ballots 15
`(1) The commission must give the registered officer of the political 16
party that endorsed a candidate whose name is noted under 17
section 148M(2)(h) written notice that the preselection ballot for the 18
candidate is to be audited to identify whether the ballot was conducted in 19
accordance with-- 20
(a) the model procedures; and 21
(b) the party's constitution. 22
`(2) The registered officer, within 1 month after receiving the notice, 23
must-- 24
(a) give the commission a list of the names and addresses of the 25
members of the party who voted in the ballot; and 26
(b) certify to the commission that, at the time the ballot took place, 27
each member listed was eligible to vote in the ballot under the 28
party's constitution. 29
Maximum penalty--400 penalty units. 30
`(3) The commission may require the registered officer to give the 31
commission, within a stated reasonable period, copies of the records of the 32
party that are reasonably necessary for the commission to ensure the 33
information given by the registered officer is accurate. 34
s 18 22 s 20
Electoral and Other Acts Amendment Bill 2002
`(4) The registered officer must comply with a requirement under 1
subsection (3), unless the registered officer has a reasonable excuse. 2
Maximum penalty--400 penalty units. 3
`(5) The commission must, as soon as practicable, give the Minister a 4
report that identifies-- 5
(a) the preselection ballots examined under this section; and 6
(b) any preselection ballot in which someone voted in contravention 7
of-- 8
(i) the model procedures; or 9
(ii) the party's constitution. 10
`148O Election not invalidated by irregular preselection ballot 11
`The election is not invalid only because the commission gave the 12
Minister a report that identified a preselection ballot in which someone 13
voted in contravention of-- 14
(a) the model procedures; or 15
(b) the party's constitution.'. 16
18 Omission of ss 153156
Clause 17
Sections 153 to 156-- 18
omit. 19
19 Omission of s 159 (Forging or uttering electoral papers etc.)
Clause 20
Section 159-- 21
omit. 22
20 Amendment of s 161 (Author of election matter must be named)
Clause 23
Section 161(5)-- 24
omit, insert-- 25
`(5) In this section-- 26
s 21 23 s 22
Electoral and Other Acts Amendment Bill 2002
"publish" includes publish on the internet, even if the internet site on 1
which the publication is made is located outside Queensland.'. 2
21 Amendment of s 161A (Distribution of how-to-vote cards)
Clause 3
Section 161A(6), definitions "distribute" and "how-to-vote card"-- 4
omit. 5
22 Insertion of new s 161B
Clause 6
After section 161A-- 7
insert-- 8
`161B Lodging how-to-vote cards 9
`(1) The person who authorised a how-to-vote card for a registered 10
political party, or for a candidate endorsed by a registered political party, 11
for an election must, at least 7 days before the polling day for the election, 12
lodge with the commission-- 13
(a) the required number of the how-to-vote cards; and 14
(b) a statutory declaration relating to any financial contribution 15
received from another registered political party or another 16
candidate, whether directly or from someone else on behalf of 17
the party or candidate, in relation to the production of the 18
how-to-vote card that states-- 19
(i) who the financial contribution was received from or on 20
behalf of; and 21
(ii) the nature and amount of the financial contribution. 22
`(2) The person who authorised a how-to-vote card for a candidate, other 23
than a candidate endorsed by a registered political party, for an election 24
must, at least 7 days before the polling day for the election, lodge with the 25
commission or with the returning officer for the electoral district in which 26
the candidate is nominated-- 27
(a) the required number of the how-to-vote cards; and 28
(b) a statutory declaration relating to any financial contribution 29
received from a registered political party or another candidate, 30
whether directly or from someone else on behalf of the party or 31
s 22 24 s 22
Electoral and Other Acts Amendment Bill 2002
candidate, in relation to the production of the how-to-vote card 1
that states-- 2
(i) who the financial contribution was received from or on 3
behalf of; and 4
(ii) the nature and amount of the financial contribution. 5
`(3) The commission or returning officer must reject a how-to-vote card 6
received under subsection (1) or (2) that does not comply with 7
section 161A. 8
`(4) Before polling day, the commission must make a how-to-vote card 9
that it has not rejected available for public inspection for free at-- 10
(a) the commission's Brisbane office; and 11
(b) if the how-to-vote card was printed for a candidate--the office of 12
the returning officer for the electoral district being contested by 13
the candidate. 14
`(5) On polling day, if the how-to-vote card relates to only 1 electoral 15
district, the commission or returning officer for the district must, to the 16
extent that it is reasonably practicable to do so, make the card available for 17
public inspection for free at each polling place in the district. 18
`(6) An election is not invalid only because the commission does not 19
comply with subsection (4) or (5). 20
`(7) A person must not distribute, or permit or authorise someone else to 21
distribute, a how-to-vote card to which subsection (1) or (2) applies on 22
polling day unless subsection (1) or (2) has been complied with for the 23
card. 24
Maximum penalty--20 penalty units. 25
`(8) If, on polling day, a member of the commission's staff reasonably 26
suspects a person is distributing a how-to-vote card to which subsection (1) 27
or (2) applies and that subsection (1) or (2) has not been complied with for 28
the card, the employee may-- 29
(a) require the person to produce the how-to-vote card for 30
inspection; and 31
(b) confiscate any how-to-vote cards that have not been lodged as 32
required by subsection (1) or (2). 33
`(9) A person must not obstruct the employee in the exercise of the 34
power under subsection (8)(b), unless the person has a reasonable excuse. 35
s 23 25 s 24
Electoral and Other Acts Amendment Bill 2002
Maximum penalty--20 penalty units. 1
`(10) In this section-- 2
"financial contribution" means a contribution in the form of money, 3
property or other valuable consideration. 4
"obstruct" includes hinder and attempt to obstruct. 5
"required number" of how-to-vote cards means 12 more than the number 6
of polling places in the electorate in which the cards are to be 7
distributed.'. 8
23 Amendment of s 163 (Misleading voters)
Clause 9
(1) Section 163, penalty-- 10
omit, insert-- 11
`Maximum penalty--40 penalty units.'. 12
(2) Section 163(1) and (2), as a penalty-- 13
insert-- 14
`Maximum penalty--40 penalty units.'. 15
(3) Section 163-- 16
insert-- 17
`(4) In this section-- 18
"publish" includes publish on the internet, even if the internet site on 19
which the publication is made is located outside Queensland.'. 20
24 Amendment of s 164 (Failure to vote etc.)
Clause 21
Section 164-- 22
insert-- 23
`(8) For the Justices Act 1886, section 139, the place where an offence
3
24
against subsection (1)(a) is committed is taken to be the office of the 25
returning officer for the electoral district for which the elector was enrolled 26
for the election.'. 27
3 Justices Act 1886, section 139 (Where summary cases to be heard)
s 25 26 s 30
Electoral and Other Acts Amendment Bill 2002
25 Amendment of s 166 (Canvassing etc. in or near polling places)
Clause 1
Section 166(1)(b), after `within 6 m'-- 2
insert-- 3
`or, in relation to an office mentioned in section 109(1), a lesser distance 4
allowed by the commission,'. 5
26 Omission of s 168 (Influencing voting)
Clause 6
Section 168-- 7
omit. 8
27 Omission of s 170 (Voting if not entitled etc.)
Clause 9
Section 170-- 10
omit. 11
28 Omission of pt 9, div 4 (Further penalty of parliamentary
Clause 12
disqualification for certain offences) 13
Part 9, division 4-- 14
omit. 15
29 Amendment of s 179 (How things are to be signed)
Clause 16
Section 179-- 17
insert-- 18
`(c) if the person is unable to sign as mentioned in paragraph (a) or 19
make a mark as mentioned in paragraph (b)--by having another 20
person (the "other person") sign the other person's name in 21
writing, and clearly print the other person's name and address 22
and the words `signed for the elector', on the thing.'. 23
30 Insertion of new pt and div hdgs
Clause 24
After section 182-- 25
insert-- 26
s 31 27 s 32
Electoral and Other Acts Amendment Bill 2002
`PART 11--TRANSITIONAL PROVISIONS 1
`Division 1--Transitional provision for Electoral and Other Acts 2
Amendment Act 2001'. 3
31 Insertion of new pt 11, div 2
Clause 4
After section 183-- 5
insert-- 6
`Division 2--Transitional provision for Electoral and Other Acts 7
Amendment Act 2002 8
`184 Registered political party constitution 9
`(1) This section applies to a political party that, on the commencement 10
of this section, is a registered political party. 11
`(2) The party's registered officer must, within 6 months after the 12
commencement, give the commission a copy of the party's constitution, 13
which must be a complying constitution. 14
`(3) Despite the commencement of part 8A, part 8A does not apply to the 15
party until subsection (2) has been complied with. 16
`(4) If the registered officer does not comply with subsection (2), the 17
commission must cancel the registration of the party by-- 18
(a) cancelling the information in, and removing the documents from, 19
the register of political parties relating to the party; and 20
(b) giving notice of the cancellation and the reasons for it to the 21
person who was the party's registered officer immediately before 22
the cancellation; and 23
(c) giving notice of the cancellation in the gazette; and 24
(d) keeping the documents in the commission's records.'. 25
32 Amendment of schedule, s 287 (Interpretation)
Clause 26
(1) Schedule, section 287(1)-- 27
insert-- 28
s 33 28 s 35
Electoral and Other Acts Amendment Bill 2002
` "loan" means any of the following made other than by use of a credit 1
card-- 2
(a) an advance of money; 3
(b) a provision of credit or any other form of financial 4
accommodation; 5
(c) a payment of an amount for, on account of, on behalf of or at the 6
request of, an entity, if there is an express or implied obligation to 7
repay the amount; 8
(d) a transaction (whatever its terms or form) that in substance 9
effects a loan of money.'. 10
(2) Schedule, section 287(1), definition "associated entity", 11
paragraph (b), `or mainly'-- 12
omit, insert-- 13
`or to a significant extent'. 14
(3) Schedule, section 287(1), definition "registered", from `, before the' 15
to `the election,'-- 16
omit. 17
33 Amendment of schedule, s 287AA (Meaning of "disclosure
Clause 18
period") 19
Schedule, section 287AA(1)(c), after `305(1)'-- 20
insert-- 21
`or 305A(1)'. 22
34 Amendment of schedule, s 292 (Effect of registration etc.)
Clause 23
Schedule, section 292(2)-- 24
insert-- 25
`(d) the party's registration is cancelled.'. 26
35 Amendment of schedule, insertion of new s 304A
Clause 27
Schedule-- 28
insert-- 29
s 36 29 s 36
Electoral and Other Acts Amendment Bill 2002
`304A Loans to candidates 1
`(1) The agent of each person who was a candidate in an election must, 2
within 15 weeks after the polling day in the election, give the commission a 3
return, in an approved form, covering all loans received by the person from 4
a person other than a financial institution during the disclosure period for 5
the election. 6
`(2) The return must state-- 7
(a) the total value of the loans; and 8
(b) the number of persons who made loans. 9
`(3) The return must also state the following for each loan with a value 10
of $200 or more-- 11
(a) the date on which each loan was made; 12
(b) for a loan made for the members of an unincorporated 13
association-- 14
(i) the name of the association; and 15
(ii) the names and addresses of the members of the executive 16
committee (however described) of the association; 17
(c) for a loan purportedly made out of a trust fund or out of the funds 18
of a foundation-- 19
(i) the names and addresses of the trustees of the fund or of the 20
funds of the foundation; and 21
(ii) the title or other description of the trust fund or the name of 22
the foundation; 23
(d) if paragraph (b) or (c) do not apply to a loan--the name and 24
address of the person who made the loan; 25
(e) the terms and conditions of each loan.'. 26
36 Amendment of schedule, replacement of ss 305A and 305B
Clause 27
Schedule, sections 305A and 305B-- 28
omit, insert-- 29
`305A Donations to candidates etc. 30
`(1) If a person (other than a registered political party, (words omitted) an 31
associated entity or a candidate in an election (words omitted) ) makes a 32
s 36 30 s 36
Electoral and Other Acts Amendment Bill 2002
gift, during the disclosure period in relation to an election, to any candidate 1
in an election (words omitted) the person must, within 15 weeks after the 2
polling day in the election, give the commission a return, in an approved 3
form, stating the required details of the gifts (words omitted). 4
`(1A) Subsection (1) applies to a person even if at the time the person 5
made the gift the person was outside Queensland. 6
`(1B) If a person makes a gift to any person with the intention of 7
benefiting a particular candidate, the person is taken for the purposes of 8
subsection (1) to have made the gift directly to the candidate. 9
`(2) A person need not make a return under subsection (1) if the total 10
amount or value of gifts referred to in subsection (1) was less than the 11
amount prescribed for the purpose of this subsection or, if no amount is 12
prescribed, $200. 13
`(3) (omitted). 14
`(4) For the purposes of this section, the required details of a gift are its 15
amount or value, the date on which it was made and-- 16
(a) if the gift was made to an unincorporated association, other than 17
a registered industrial organisation-- 18
(i) the name of the association; and 19
(ii) the names and addresses of the members of the executive 20
committee (however described) of the association; or 21
(b) if the gift was purportedly made to a trust fund or paid into the 22
funds of a foundation-- 23
(i) the names and addresses of the trustees of the fund or the 24
foundation; and 25
(ii) the title or other description of the trust fund, or the name of 26
the foundation, as the case requires; or 27
(c) in any other case--the name and address of the person or 28
organisation. 29
`(5) (omitted). 30
`(6) On receiving a gift to which this section applies, a candidate must 31
inform the person who gave the gift of the donor's requirement to lodge a 32
return under this section. 33
s 36 31 s 36
Electoral and Other Acts Amendment Bill 2002
`305B Donations to political parties 1
`(1) If, in a financial year, a person makes gifts totalling $1 500 or more 2
to the same registered political party (words omitted), the person must give 3
a return to the commission within 20 weeks after the end of the financial 4
year, covering all the gifts that the person made to the political party (words 5
omitted) during the financial year. 6
`(1A) Subsection (1) applies to a person even if at the time the person 7
made the gift the person was outside Queensland. 8
`(2) If a person makes a gift to any person or body with the intention of 9
benefiting a particular registered political party (words omitted), the person 10
is taken for the purposes of subsection (1) to have made the gift directly to 11
the registered political party (words omitted). 12
`(3) For each gift, the return must state the following-- 13
(a) the amount of the gift; 14
(b) the date on which it was made; 15
(c) the name and address of the registered political party (words 16
omitted). 17
`(3A) The return must also state the relevant details of all gifts received 18
by the person at any time, being gifts (words omitted) the whole or part of 19
which were used to make gifts totalling $1 500 or more in a financial year 20
to the same registered political party (words omitted) and the amount or 21
value of each of which is equal to or exceeds $1 000. 22
`(3B) Relevant details for the purpose of subsection (3A), in relation to a 23
gift, are-- 24
(a) the amount or value of the gift; and 25
(b) the date on which the gift was received; and 26
(c) for a gift made on behalf of the members of an unincorporated 27
association, other than a registered industrial organisation-- 28
(i) the name of the association; and 29
(ii) the names and addresses of the members of the executive 30
committee (however described) of the association; and 31
(d) for a gift purportedly made out of a trust fund or out of the funds 32
of a foundation-- 33
(i) the names and addresses of the trustees of the fund or of the 34
funds of the foundation; and 35
s 37 32 s 37
Electoral and Other Acts Amendment Bill 2002
(ii) the title or other description of the trust fund or the name of 1
the foundation (words omitted); and 2
(e) if paragraph (c) or (d) does not apply--the name and address of 3
the person who made the gift. 4
`(4) The return must be in the approved form. 5
`(5) This section does not apply to gifts made by any of the following-- 6
(a) a registered political party; 7
(b) (omitted); 8
(c) an associated entity; 9
(d) a candidate in an election; 10
(e) (omitted). 11
`(6) On receiving a gift to which this section applies, a registered 12
political party must inform the person who gave the gift of the donor's 13
requirement to lodge a return under this section.'. 14
37 Amendment of schedule, insertion of new s 306A
Clause 15
Schedule-- 16
insert-- 17
`306A Certain loans not to be received 18
`(1) It is unlawful for a political party (words omitted) or a person acting 19
for a political party (words omitted) to receive a loan of $1 500 or more 20
from a person or entity other than a financial institution unless the loan is 21
made in accordance with subsection (3). 22
`(2) It is unlawful for a candidate (words omitted) or a person acting for a 23
candidate (words omitted) to receive a loan of $200 or more from a person 24
or entity other than a financial institution, during the disclosure period in 25
relation to an election, unless the loan is made in accordance with 26
subsection (3). 27
`(3) The receiver of the loan must keep a record of the following-- 28
(a) the terms and conditions of the loan; 29
(b) if the loan was received from a registered industrial organisation 30
other than a financial institution-- 31
(i) the name of the organisation; and 32
s 37 33 s 37
Electoral and Other Acts Amendment Bill 2002
(ii) the names and addresses of the members of the executive 1
committee (however described) of the organisation; 2
(c) if the loan was received from an unincorporated association-- 3
(i) the name of the (words omitted) association; and 4
(ii) the names and addresses of the members of the executive 5
committee (however described) of the association (words 6
omitted); 7
(d) if the loan was paid out of a trust fund or out of the funds of a 8
foundation-- 9
(i) the names and addresses of the trustees of the fund or of the 10
foundation; and 11
(ii) the title or other description of the trust fund, or the name of 12
the foundation (words omitted); or 13
(e) if paragraph (b), (c) or (d) does not apply--the name and 14
address of the person or entity (words omitted). 15
`(4) (omitted). 16
`(5) (omitted). 17
`(6) If a person receives a loan that, because of this section, it is unlawful 18
for the person to receive, an amount equal to the amount or value of the 19
loan is payable by that person to the State and may be recovered by the 20
State as a debt due to the State by action, in a court of competent 21
jurisdiction, against-- 22
(a) for a loan to or for the benefit of a political party (words 23
omitted)-- 24
(i) if the party (words omitted) is a body corporate--the party 25
(words omitted); or 26
(ii) in any other case--the agent of the party (words omitted); or 27
(b) in any other case--the candidate (words omitted) or the agent of 28
the candidate (words omitted). 29
`(7) (omitted). 30
`(8) (omitted).'. 31
s 38 34 s 40
Electoral and Other Acts Amendment Bill 2002
38 Amendment of schedule, s 307 (Nil returns)
Clause 1
Schedule, section 307, `no gifts of a kind required to be disclosed 2
were'-- 3
omit, insert-- 4
`nothing of a kind required to be disclosed was'. 5
39 Amendment of schedule, s 308 (Interpretation)
Clause 6
(1) Schedule, section 308(1), definition "electoral expenditure", 7
paragraph (a), `or telecasting'-- 8
omit. 9
(2) Schedule, section 308(1), definition "electoral expenditure"-- 10
insert-- 11
`(ba)the publishing on the internet, during the election period, of an 12
advertisement relating to the election, even if the internet site on 13
which the publication is made is located outside Queensland; 14
or'. 15
(3) Schedule, section 308(1), definition "electoral expenditure", 16
paragraph (f)-- 17
omit, insert-- 18
`(f) the production and distribution of electoral matter that is 19
addressed to particular persons or organisations and is distributed 20
during the election period; or'. 21
40 Amendment of schedule, replacement of ss 310 and 311
Clause 22
Schedule, sections 310 and 311-- 23
omit, insert-- 24
`310 Returns by broadcasters 25
`(1) If an election has taken place, each broadcaster who, during the 26
election period, broadcast an advertisement (words omitted) relating to the 27
election with the authority of a participant (words omitted) in the election 28
must, before the end of 8 weeks after the polling day in the election, give 29
the commission a return, in an approved form, stating particulars of the 30
advertisement (words omitted), being particulars-- 31
s 40 35 s 40
Electoral and Other Acts Amendment Bill 2002
(a) identifying the broadcasting service as part of which the 1
advertisement (words omitted) was broadcast; and 2
(aa) identifying the person at whose request the advertisement (words 3
omitted) was broadcast; and 4
(b) identifying the participant in the election with whose authority 5
the advertisement (words omitted) was broadcast; and 6
(c) specifying the date (words omitted) on which, and the times 7
between which, the advertisement (words omitted) was 8
broadcast; and 9
(d) showing whether or not, on each occasion when the 10
advertisement (words omitted) was broadcast, a charge was made 11
by the broadcaster for the broadcasting of the advertisement 12
(words omitted) and, if a charge was made, specifying the 13
amount of the charge. 14
`(1A) Subsection (1) applies to a broadcaster even if at the time the 15
broadcaster broadcast the advertisement the broadcaster was outside 16
Queensland. 17
`(2) If, in a return under subsection (1), the amount of a charge is 18
specified by a broadcaster in relation to an advertisement, the broadcaster 19
must, in the return, state whether or not the charge is a charge at less than 20
normal commercial rates having regard to the length of the advertisement 21
and the day (words omitted) on which, and the times between which, the 22
advertisement was broadcast. 23
`(4) A broadcaster who is required to make a return under this section for 24
an advertisement must keep the record made for the purpose of the relevant 25
provision until the end of the period of 1 month starting on the day on 26
which the return is given to the commission. 27
`(5) The requirement of subsection (4) is in addition to the requirements 28
of the relevant provision for the retention of the record. 29
`(6) In subsections (4) and (5)-- 30
"relevant provision" means-- 31
(a) in relation to the Australian Broadcasting Corporation--the 32
Australian Broadcasting Corporation Act 1983 (Cwlth), 33
section 79B; or 34
(b) in relation to the Special Broadcasting Service--the Special 35
Broadcasting Service Act 1991 (Cwlth), section 70B; or 36
s 40 36 s 40
Electoral and Other Acts Amendment Bill 2002
(c) in any other case--the Broadcasting Services Act 1992 (Cwlth), 1
schedule 2, section 5. 2
`311 Returns by publishers 3
`(1) If an election has taken place, each publisher of a journal who, 4
during the election period, published in the journal an advertisement 5
(words omitted) relating to the election with the authority of a participant 6
(words omitted) in the election must, before the end of 8 weeks after the 7
polling day in the election, give the commission a return, in an approved 8
form, stating particulars of the advertisement (words omitted), being 9
particulars-- 10
(a) identifying the journal in which the advertisement (words 11
omitted) was published; and 12
(aa) identifying the person at whose request the advertisement (words 13
omitted) was published; and 14
(b) identifying the participant in the election with whose authority 15
the advertisement (words omitted) was published; and 16
(c) specifying the date (words omitted) on which the advertisement 17
(words omitted) was published; and 18
(d) identifying the page in the journal on which the advertisement 19
(words omitted) was published and the space in the journal 20
occupied by the advertisement (words omitted); and 21
(e) showing whether or not a charge was made by the publisher for 22
the publication of the advertisement (words omitted) and, if a 23
charge was made, specifying the amount of the charge. 24
`(1A) Subsection (1) applies to a publisher even if at the time the 25
publisher published the advertisement the publisher was outside 26
Queensland. 27
`(2) If, in a return under subsection (1), the amount of a charge is 28
specified by a publisher in relation to an advertisement, the publisher must, 29
in the return, state whether or not the charge was a charge at less than 30
normal commercial rates having regard to the space in the journal occupied 31
by the advertisement and the nature of the journal. 32
`(3) A publisher is not required to give a return under subsection (1) in 33
relation to an election if the total amount of the charge (words omitted) 34
made by the publisher for the publication of the advertisement (words 35
omitted) referred to in the subsection and any other advertisement (words 36
s 41 37 s 45
Electoral and Other Acts Amendment Bill 2002
omitted) relating to an election (words omitted) that took place on the same 1
day as the first-mentioned election does not exceed $1 000.'. 2
41 Amendment of schedule, s 314AA (Interpretation)
Clause 3
Schedule, section 314AA, definition "amount", after `gift'-- 4
insert-- 5
`, loan'. 6
42 Amendment of schedule, s 314AC (Amounts received)
Clause 7
Schedule, section 314AC(2), `$500'-- 8
omit, insert-- 9
`$1 500'. 10
43 Amendment of schedule, s 314AD (Amounts paid)
Clause 11
Schedule, section 314AD(2)(a), `$500'-- 12
omit, insert-- 13
`$1 500'. 14
44 Amendment of schedule, s 317 (Records to be kept)
Clause 15
(1) Schedule, section 317, `about an election'-- 16
omit. 17
(2) Schedule, section 317, `polling day in the election'-- 18
omit, insert-- 19
`day on which the claim or return was made'. 20
45 Amendment of schedule, s 320 (Inspection and supply of copies of
Clause 21
claims and returns) 22
(1) Schedule, section 320(1)(a), `notice and'-- 23
omit. 24
(2) Schedule, section 320(2) and (3), `notice,'-- 25
s 46 38 s 47
Electoral and Other Acts Amendment Bill 2002
omit. 1
(3) Schedule, section 320(4)(b), after `4'-- 2
insert-- 3
`(other than section 305B)'. 4
(4) Schedule, section 320(5)-- 5
insert-- 6
`(a) a return under section 305B; or'. 7
46 Amendment of s 333 (Authorised officer's general powers for
Clause 8
places) 9
Section 333(1)(b), before `examine'-- 10
insert-- 11
`operate,'. 12
47 Amendment of schedule, insertion of new s 336A
Clause 13
Schedule-- 14
insert-- 15
`336A Powers in relation to seized thing 16
`(1) Having seized a thing, an authorised officer may-- 17
(a) operate, copy, examine, inspect, test, photograph or film the 18
thing; or 19
(b) require the occupier of the place from which the thing was seized, 20
to give the authorised officer reasonable help to operate the 21
thing. 22
23
Example--
24
An authorised officer may require the occupier of the place from which a
25
computer has been seized to give the officer the password to enter the
26
computer.
`(2) A person who is required by an authorised officer under 27
subsection (1)(b) to give the authorised officer reasonable help must 28
comply with the requirement, unless the person has a reasonable excuse. 29
Maximum penalty--20 penalty units. 30
s 48 39 s 51
Electoral and Other Acts Amendment Bill 2002
`(3) If the help is required to be given by-- 1
(a) answering a question; or 2
(b) producing a document; 3
it is a reasonable excuse for the person to fail to answer the question, or 4
produce the document, if complying with the requirement might tend to 5
incriminate the person.'. 6
PART 3--CRIMINAL CODE 7
48 Code amended in pt 3
Clause 8
This part amends the Criminal Code. 9
49 Insertion of new ch 14, div hdg
Clause 10
Chapter 14, before section 98-- 11
insert-- 12
`Chapter division 1--Definitions for ch 14'. 13
50 Amendment of s 98 (Definitions)
Clause 14
(1) Section 98, definition "parliamentary election"-- 15
omit. 16
(2) Section 98, definition "election", from `and any' to `1997'-- 17
omit. 18
51 Replacement of s 98A (Chapter does not apply to certain
Clause 19
elections) 20
Section 98A-- 21
omit, insert-- 22
s 51 40 s 51
Electoral and Other Acts Amendment Bill 2002
`Chapter division 2--Legislative Assembly and Brisbane City Council 1
elections and referendums 2
`98A Reference to election or referendum 3
`In this chapter division-- 4
(a) a reference to an election is a reference to-- 5
(i) an election of a member or members of the Legislative 6
Assembly; and 7
(ii) an election of the mayor or of a councillor or councillors of 8
the Brisbane City Council; and 9
(b) a reference to a referendum is a reference to a referendum under 10
the Referendums Act 1997. 11
`98B False or misleading information 12
`(1) A person who gives information to the Electoral Commission of 13
Queensland under the Electoral Act 1992 or Referendums Act 1997, 14
including information in a document, that the person knows is false or 15
misleading in a material particular is guilty of a crime. 16
Maximum penalty--7 years imprisonment. 17
`(2) Subsection (1) does not apply to a person giving a document if, 18
when giving the document to someone, the person-- 19
(a) informs the other person, to the best of the person's ability, how it 20
is false or misleading; and 21
(b) if the person has, or can reasonably obtain, the correct 22
information--gives the other person the correct information. 23
`(3) It is enough for a charge against a person for an offence against 24
subsection (1) to state that the information, without specifying which part 25
of the information, was `false or misleading'. 26
`98C Bribery 27
`(1) A person who-- 28
(a) asks for or receives; or 29
(b) offers, or agrees, to ask for or receive; 30
s 51 41 s 51
Electoral and Other Acts Amendment Bill 2002
a benefit of any kind, whether for himself or herself or for someone else, on 1
the understanding that the person's election conduct will be influenced or 2
affected is guilty of a crime. 3
Maximum penalty--7 years imprisonment. 4
`(2) A person who, in order to influence or affect another person's 5
election conduct, gives a benefit of any kind to anyone else is guilty of a 6
crime. 7
Maximum penalty--7 years imprisonment. 8
`(3) In this section-- 9
"election conduct" of a person means-- 10
(a) the way in which the person votes at an election or referendum; 11
or 12
(b) the person's nominating as a candidate for an election; or 13
(c) the person's support of, or opposition to, a candidate or a 14
political party at an election; or 15
(d) the person's approval or disapproval of the Bill or question 16
submitted to the electors at a referendum. 17
"give" includes promise or offer to give. 18
`98D Forging or uttering electoral or referendum paper 19
`(1) A person who-- 20
(a) forges an electoral or referendum paper; or 21
(b) utters a forged electoral or referendum paper knowing it to be 22
forged; 23
is guilty of a crime. 24
Maximum penalty--10 years imprisonment. 25
`(2) A person who makes the signature of another person on-- 26
(a) an electoral paper, unless the person is authorised to do so under 27
the Electoral Act 1992; or 28
(b) a referendum paper, unless the person is authorised to do so 29
under the Referendums Act 1997; 30
is guilty of a crime. 31
s 51 42 s 51
Electoral and Other Acts Amendment Bill 2002
Maximum penalty--10 years imprisonment. 1
`(3) In this section-- 2
"electoral paper" means a ballot paper, declaration envelope or other 3
document issued by the Electoral Commission of Queensland under 4
the Electoral Act 1992. 5
"referendum paper" means a ballot paper, declaration envelope or other 6
document issued by the Electoral Commission of Queensland under 7
the Referendums Act 1997. 8
`98E Influencing voting 9
`(1) A person who improperly influences the vote of a person at an 10
election or referendum is guilty of a crime. 11
Maximum penalty--2 years imprisonment. 12
`(2) In this section-- 13
"improperly influence" means influence by intimidation or violence. 14
`98F Providing money for illegal payments 15
`A person who knowingly provides money for-- 16
(a) a payment that is contrary to law relating to elections or 17
referendums; or 18
(b) replacing any money that has been spent in making a payment 19
that is contrary to law relating to elections or referendums; 20
is guilty of a crime. 21
Maximum penalty--2 years imprisonment. 22
`98G Voting if not entitled 23
`A person who, at an election or referendum-- 24
(a) votes in the name of another person, including a dead or fictitious 25
person; or 26
(b) votes more than once; or 27
(c) casts a vote that the person knows the person is not entitled to 28
cast; or 29
s 52 43 s 53
Electoral and Other Acts Amendment Bill 2002
(d) procures someone to vote who, to the procuring person's 1
knowledge, is not entitled to vote; 2
is guilty of a crime. 3
Maximum penalty--3 years imprisonment. 4
`Chapter division 3--Other elections 5
`98H Application of ch div 3 6
`This chapter division applies to an election other than-- 7
(a) an election of a member or members of the Legislative 8
Assembly; or 9
(b) an election for a local government.'. 10
52 Amendment of s 552B (Charges of indictable offences that may be
Clause 11
dealt with summarily) 12
Section 552B(1)-- 13
insert-- 14
`(ka)an offence against chapter 14, chapter division 2;4'. 15
PART 4--CRIMINAL LAW (REHABILITATION OF 16
OFFENDERS) ACT 1986 17
53 Act amended in pt 4
Clause 18
This part amends the Criminal Law (Rehabilitation of Offenders) Act 19
1986. 20
4 Chapter 14 (Corrupt and improper practices at elections), chapter division 2
(Legislative Assembly and Brisbane City Council elections and referendums)
s 54 44 s 54
Electoral and Other Acts Amendment Bill 2002
54 Amendment of s 9A (Disclosure of particulars in special cases)
Clause 1
(1) Section 9A(1), table-- 2
insert-- 3
`16. An applicant for 16. Contraventions of a
membership of a registered disqualifying electoral offence
political party. within the meaning of the
Electoral Act 1992.
17. A candidate for election to 17.(1) Contraventions of a
the office of chairperson, disqualifying electoral offence
mayor, president, councillor within the meaning of the
or member of a local Electoral Act 1992.
government. (2) Contraventions of an offence
that would be a disqualifying
electoral offence within the
meaning of the Electoral Act
1992, except that offender was
convicted of the offence
before the commencement of
the Electoral and Other Acts
Amendment Act 2002.'.
(2) Section 9A(1), table-- 4
insert-- 5
`18. A candidate for election as a 18.(1) Contraventions of a
member of the Legislative disqualifying electoral offence
Assembly. within the meaning of the
Electoral Act 1992.
(2) Contraventions of an offence
that would be a disqualifying
electoral offence within the
meaning of the Electoral Act
1992, except that offender was
convicted of the offence
before the commencement of
the Electoral and Other Acts
Amendment Act 2002.'.
s 55 45 s 58
Electoral and Other Acts Amendment Bill 2002
PART 5--LEGISLATIVE ASSEMBLY ACT 1867 1
55 Act amended in pt 5
Clause 2
This part amends the Legislative Assembly Act 1867. 3
56 Amendment of s 7 (Vacating seats of members of Assembly in
Clause 4
certain cases) 5
Section 7(2) and (3)-- 6
omit, insert-- 7
`(2) However, a member's seat does not become vacant only because the 8
member is convicted of an offence against the Electoral Act 1992 that is not 9
a disqualifying electoral offence within the meaning of that Act.'. 10
PART 6--LOCAL GOVERNMENT ACT 1993 11
57 Act amended in pt 6
Clause 12
This part amends the Local Government Act 1993. 13
58 Amendment of s 221 (General disqualifications)
Clause 14
(1) Section 221(e)-- 15
omit, insert-- 16
`(e) the person-- 17
(i) for a candidate for an election--has been convicted within 18
10 years before the day of nomination of-- 19
(A) a disqualifying electoral offence; or 20
(B) an offence that would be a disqualifying electoral 21
offence, except that the conviction was recorded before 22
the commencement of the Electoral and Other Acts 23
Amendment Act 2002; or 24
s 59 46 s 61
Electoral and Other Acts Amendment Bill 2002
(ii) for a councillor--is convicted of a disqualifying electoral 1
offence; or'. 2
(2) Section 221-- 3
insert-- 4
`(2) In this section-- 5
"disqualifying electoral offence" see the Electoral Act 1992, section 3.'. 6
59 Amendment of s 854A (No jurisdiction to make local laws and
Clause 7
subordinate local laws about distributing how-to-vote cards) 8
Section 854A(3), definition "how-to-vote card", `, section 161A'-- 9
omit. 10
PART 7--PARLIAMENT OF QUEENSLAND ACT 2001 11
60 Act amended in pt 7
Clause 12
This part amends the Parliament of Queensland Act 2001. 13
61 Amendment of s 64 (Qualifications to be a candidate and be
Clause 14
elected a member) 15
(1) Section 64(2)(d) to (h)-- 16
renumber as section 64(2)(e) to (i). 17
(2) Section 64(2)-- 18
insert-- 19
`(d) has been convicted within 10 years before the day of nomination 20
of a disqualifying electoral offence; or'. 21
(3) Section 64(2)(i) (as renumbered), note-- 22
omit. 23
(4) Section 64-- 24
insert-- 25
s 62 47 s 63
Electoral and Other Acts Amendment Bill 2002
`(6) In this section-- 1
"disqualifying electoral offence" means-- 2
(a) a disqualifying electoral offence within the meaning of the 3
Electoral Act 1992, section 3; or 4
(b) an offence that would be a disqualifying electoral offence within 5
the meaning of the Electoral Act 1992, except that offender was 6
convicted of the offence before the commencement of the 7
Electoral and Other Acts Amendment Act 2002.'. 8
62 Amendment of s 72 (Vacating seats of members in particular
Clause 9
circumstances) 10
(1) Section 72(1)(i)(iii)-- 11
renumber as section 72(1)(i)(iv). 12
(2) Section 72(1)(i)-- 13
insert-- 14
`(iii) a disqualifying electoral offence;'. 15
(3) Section 72(1)(n), note-- 16
omit. 17
(4) Section 72-- 18
insert-- 19
`(4) In this section-- 20
"disqualifying electoral offence" see the Electoral Act 1992, section 3.'. 21
PART 8--REFERENDUMS ACT 1997 22
63 Act amended in pt 8
Clause 23
This part amends the Referendums Act 1997. 24
s 64 48 s 68
Electoral and Other Acts Amendment Bill 2002
64 Amendment of s 16 (Kinds of polling booths)
Clause 1
Section 16-- 2
insert-- 3
`(7) The commission, a returning officer or an issuing officer may 4
change the arrangements made under subsection (6) at any time. 5
`(8) If the arrangements are changed, the commission, returning officer 6
or issuing officer must take the steps that are practical and appropriate to 7
give public notice of the changed arrangements. 8
`(9) The result of the referendum is not invalidated only because an 9
issuing officer failed to visit a mobile polling booth as arranged.'. 10
65 Amendment of s 25 (Who may make a declaration vote)
Clause 11
Section 25(2)-- 12
insert-- 13
`(g) an elector who a doctor has certified, in writing, is so physically 14
incapacitated as to be incapable of signing the elector's name.'. 15
66 Omission of ss 6467
Clause 16
Sections 64 to 67-- 17
omit. 18
67 Omission of s 70 (Forging or uttering referendum papers etc.)
Clause 19
Section 70-- 20
omit. 21
68 Amendment of s 74 (Misleading electors)
Clause 22
Section 74-- 23
insert-- 24
`(3) In this section-- 25
"publish" includes publish on the internet, even if the internet site on 26
which the publication is made is located outside Queensland.'. 27
s 69 49 s 73
Electoral and Other Acts Amendment Bill 2002
69 Amendment of s 75 (Failure to vote etc.)
Clause 1
Section 75-- 2
insert-- 3
`(8) For the Justices Act 1886, section 139, the place where an offence
5
4
against subsection (1)(a) is committed is taken to be the office of the 5
returning officer for the electoral district for which the elector was enrolled 6
for the referendum.'. 7
70 Amendment of s 77 (Canvassing etc. in or near polling places)
Clause 8
Section 77(1)(b), after `within 6 m'-- 9
insert-- 10
`or, in relation to an office mentioned in section 29(1), a lesser distance 11
allowed by the commission,'. 12
71 Omission of s 79 (Influencing voting)
Clause 13
Section 79-- 14
omit. 15
72 Omission of s 81 (Voting if not entitled etc.)
Clause 16
Section 81-- 17
omit. 18
73 Insertion of new pt 7A
Clause 19
After section 96-- 20
insert-- 21
5 Justices Act 1886, section 139 (Where summary cases to be heard)
s 73 50 s 73
Electoral and Other Acts Amendment Bill 2002
`PART 7A--RETURNS BY BROADCASTERS AND 1
PUBLISHERS 2
`96A Returns by broadcasters 3
`(1) If a referendum has taken place, each broadcaster who, during the 4
referendum period, broadcast an advertisement relating to the referendum 5
must, before the end of 8 weeks after the voting day for the referendum, 6
give the commission a return, in an approved form, stating-- 7
(a) particulars of the broadcasting service as part of which the 8
advertisement was broadcast; and 9
(aa) the name and address of the person at whose request the 10
advertisement was broadcast; and 11
(b) the name and address of the person with whose authority the 12
advertisement was broadcast; and 13
(c) the date on which, and the times between which, the 14
advertisement was broadcast; and 15
(d) whether or not, on each occasion when the advertisement was 16
broadcast, a charge was made by the broadcaster for the 17
broadcasting of the advertisement and, if a charge was made, 18
specifying the amount of the charge. 19
Maximum penalty--20 penalty units. 20
`(1A) Subsection (1) applies to a broadcaster even if at the time the 21
broadcaster broadcast the advertisement the broadcaster was outside 22
Queensland. 23
`(2) If, in a return under subsection (1), the amount of a charge is 24
specified by a broadcaster in relation to an advertisement, the broadcaster 25
must, in the return, state whether or not the charge is a charge at less than 26
normal commercial rates having regard to the length of the advertisement 27
and the day on which, and the times between which, the advertisement was 28
broadcast. 29
Maximum penalty--20 penalty units. 30
`(4) A broadcaster who is required to make a return under this section for 31
an advertisement must keep the record made for the purpose of the relevant 32
provision until the end of the period of 1 month starting on the day on 33
which the return is given to the commission. 34
s 73 51 s 73
Electoral and Other Acts Amendment Bill 2002
Maximum penalty--20 penalty units. 1
`(5) The requirement of subsection (4) is in addition to the requirements 2
of the relevant provision for the retention of the record. 3
`(6) In subsections (4) and (5)-- 4
"relevant provision" means-- 5
(a) in relation to the Australian Broadcasting Corporation--the 6
Australian Broadcasting Corporation Act 1983 (Cwlth), 7
section 79B; or 8
(b) in relation to the Special Broadcasting Service--the Special 9
Broadcasting Service Act 1991 (Cwlth), section 70B; or 10
(c) in any other case--the Broadcasting Services Act 1992 (Cwlth), 11
schedule 2, section 5. 12
`96B Returns by publishers 13
`(1) If a referendum has taken place, each publisher of a journal who, 14
during the referendum period, published in the journal an advertisement 15
relating to the referendum must, before the end of 8 weeks after the voting 16
day in the referendum, give the commission a return, in an approved form, 17
stating-- 18
(a) particulars of the journal in which the advertisement was 19
published; and 20
(aa) the name and address of the person at whose request the 21
advertisement was published; and 22
(b) the name and address of the person with whose authority the 23
advertisement was published; and 24
(c) the date on which the advertisement was published; and 25
(d) particulars of the page in the journal on which the advertisement 26
was published and the space in the journal occupied by the 27
advertisement; and 28
(e) whether or not a charge was made by the publisher for the 29
publication of the advertisement and, if a charge was made, 30
specifying the amount of the charge. 31
Maximum penalty--20 penalty units. 32
s 73 52 s 73
Electoral and Other Acts Amendment Bill 2002
`(1A) Subsection (1) applies to a publisher even if at the time the 1
publisher published the advertisement the publisher was outside 2
Queensland. 3
`(2) If, in a return under subsection (1), the amount of a charge is 4
specified by a publisher in relation to an advertisement, the publisher must, 5
in the return, state whether or not the charge was a charge at less than 6
normal commercial rates having regard to the space in the journal occupied 7
by the advertisement and the nature of the journal. 8
Maximum penalty--20 penalty units. 9
`(3) A publisher is not required to give a return under subsection (1) in 10
relation to a referendum if the total amount of the charge made by the 11
publisher for the publication of the advertisement referred to in the 12
subsection and any other advertisement relating to a referendum that took 13
place on the same day as the first-mentioned referendum does not exceed 14
$1 000. 15
`96C Combined returns 16
`(1) If-- 17
(a) the voting at 2 or more referendums took place on the same day; 18
and 19
(b) a person would, apart from this subsection, be required to give 20
2 or more returns under this part relating to the referendums; 21
the person may, instead of giving the returns, give 1 return, in an approved 22
form, stating the particulars that he or she would have been required to 23
state in the returns. 24
`(2) If-- 25
(a) a return is given by a person under subsection (1); and 26
(b) a matter details of which are required to be stated in the return 27
relates to more than 1 referendum; 28
it is sufficient compliance with this part if the return states details of the 29
matter without showing the extent to which the matter relates to any 30
particular referendum. 31
s 74 53 s 75
Electoral and Other Acts Amendment Bill 2002
`96D Inspection and supply of copies of returns 1
`(1) The commission must keep a copy of each return given under this 2
part. 3
`(2) Anyone is entitled to read the copy. 4
`(3) The commission must, on request, make the copy available for a 5
person's inspection. 6
`(4) A person is entitled, on payment of the prescribed fee, to get a copy 7
of a return mentioned in subsection (1).'. 8
74 Amendment of s 98 (How things are to be signed)
Clause 9
Section 98-- 10
insert-- 11
`(c) if the person is unable to sign as mentioned in paragraph (a) or 12
make a mark as mentioned in paragraph (b)--by having another 13
person sign the other person's name in writing, and write the 14
other person's name and address and the words `signed for the 15
elector', on the thing.'. 16
75 Amendment of sch 3 (Dictionary)
Clause 17
Schedule 3-- 18
insert-- 19
` "broadcast" includes televise. 20
"broadcaster" means-- 21
(a) the Australian Broadcasting Corporation established under the 22
Australian Broadcasting Corporation Act 1983 (Cwlth); or 23
(b) the Special Broadcasting Service Corporation established under 24
the Special Broadcasting Service Act 1991 (Cwlth), section 5; or 25
(c) the holder of a licence under the Broadcasting Services Act 1992 26
(Cwlth); or 27
(d) the provider of a broadcasting service under a class licence under 28
the Broadcasting Services Act 1992 (Cwlth). 29
"journal" means a newspaper, magazine or other periodical, whether 30
published for sale or for distribution without charge.'. 31
54
Electoral and Other Acts Amendment Bill 2002
1
© State of Queensland 2002
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