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Electoral Act 2002
222DOffences in relation to notice issued under section 222B
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222D Offences in relation to notice issued under section 222B
(1) A person who refuses to comply with a notice issued under section 222B to the extent that the person is capable of complying is guilty of an offence.
(2) A person who in purported compliance with a notice issued under section 222B gives evidence that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.
S. 222DA inserted by No. 30/2018 s. 65.
222DA Electronic lodgement of disclosure returns and annual returns
(1) The Commission may determine procedures in relation to the lodging of disclosure returns and annual returns.
(2) Procedures under subsection (1) must be published by the Commission on its Internet
site.
(3) A disclosure return or an annual return lodged in accordance with procedures determined under subsection (1) is to be taken to have been provided to the Commission in accordance with this Act.
S. 222DB inserted by No. 30/2018 s. 66.
222DB Review to be conducted
(1) The Minister must cause an independent review of the operation of the amendments of this Act made by the **Electoral Legislation Amendment Act 2018** (the ***2018 amendments***) to be conducted by an expert panel appointed under section 222DC.
(2) The review must be completed within 12 months after 25 November 2022.
(3) The review must examine and make recommendations in relation to the following—
(a) whether this Act should be further amended to provide for a cap on political expenditure and if so—
(i) whether the cap should apply generally or to specific persons or entities;
(ii) the value of the cap;
(iii) the consequences of a failure to comply with the cap;
(b) the impact of the 2018 amendments upon third party campaigners, small community groups and not-for-profit entities;
(c) the operation of the disclosure scheme given effect to by the 2018 amendments including, but not limited to, the operation of disclosure returns;
(d) the effectiveness of the 2018 amendments so far as they relate to electronic assisted voting.
(4) The review may examine and make recommendations in relation to contemporary trends and issues in respect of the electoral funding including, but not limited to, the funding of political parties or candidates (however described).
(5) The Minister must cause a copy of a report of the review to be laid before each House of Parliament on or before 10 sitting days after the day on which the review is completed.
(6) If the review recommends that this Act be amended, the Minister must use the Minister's best endeavours to ensure that the Act is amended in accordance with the recommendations before the general election to be held in November 2026.
S. 222DC inserted by No. 30/2018 s. 66.
222DC Review to be conducted by expert panel
(1) The review of the 2018 amendments must be conducted by an expert panel comprised of 3 members appointed by the Minister.
(2) Before appointing the expert panel, the Minister must propose 3 members to the Electoral Matters Committee established under section 5 of the **Parliamentary Committees Act 2003**, each of whom must have experience in one or more of the following areas—
(a) community advocacy and engagement;
(b) legal and regulatory compliance;
(c) contemporary issues relating to electoral funding.
(3) A proposed member must not be any of the following—
(a) a current employee of a public service body, a public entity or a special body (within the meaning of the **Public Administration Act 2004**);
(b) a current employee or executive of a registered political party;
(c) the current Electoral Commissioner or an employee or other member of staff of the Commission;
(d) a current or former Member of the Parliament of Victoria.
(4) The Electoral Matters Committee may, within 30 days of receiving advice of 3 proposed members of the expert panel from the Minister, veto one or more of the proposed members.
(5) If the Electoral Matters Committee vetoes one or more of the proposed members, the Electoral Matters Committee must propose 2 alternative member for each vetoed proposed member, each of whom—
(a) must have experience in an area specified in paragraph (2)(a), (b) or (c); and
(b) must not be a person specified in subsection (3).
(6) If the Electoral Matters Committee proposes 2 alternative members for a vetoed proposed member, the Minister must appoint one of the alternative members instead of appointing the proposed vetoed member, unless the alternative member does not satisfy the requirements of subsection (5)(a) and (b), in which case the Minister must ask the Electoral Matters Committee to propose another member.
(7) In conducting the review, the expert panel may inform itself as it sees fit, having regard to appropriate privacy considerations relating to electronic assisted voting.