121APublication of advertisements on the Internet

#### 121A Publication of advertisements on the Internet (1) A person commits an offence if: (a) either: (i) the person publishes an advertisement relating to a referendum on the Internet; or (ii) the person causes, permits or authorises an advertisement relating to a referendum to be published on the Internet; and (b) the advertisement is intended to affect voting in the referendum; and (c) the advertisement is paid for by the person or another person; and (d) the name and address of the person who authorised the advertisement does not appear at the end of the advertisement. Penalty: 10 penalty units. (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1). (4) In this section: > address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box. 130 Section 136 Repeal the section. 131 At the end of subparagraphs 6(a), (b) and (c) of Schedule 4 Add “and”. 132 After subparagraph 6(c) of Schedule 4 Insert: (ca) in the case of an envelope purporting to contain a provisional vote ballot‑paper—if the elector (other than an elector to whom subsection 104(4) of the Commonwealth Electoral Act 1918 applies) did not provide evidence of his or her identity in accordance with section 37 at the time of casting the vote, the elector has provided that evidence by the first Friday following the voting day for that referendum; and (cb) in the case of an envelope purporting to contain a postal ballot‑paper, a pre‑poll vote ballot‑paper, an absent vote ballot‑paper or a provisional vote ballot‑paper, cast by an elector who is provisionally enrolled—that, by the first Friday following the polling day for that election, the elector has provided an officer with: (i) an original certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948; or (ii) a copy of the certificate of Australian citizenship granted to the elector under section 13 of the Australian Citizenship Act 1948 that has been attested to by an elector in a prescribed class of electors; and 133 Subparagraph 6(cb) of Schedule 4 Omit all the words from and including “an officer”, substitute “an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007”. 134 Subparagraph 10(b) of Schedule 4 Omit “or 12A”. 135 Subparagraph 10(ba) of Schedule 4 Repeal the paragraph. 136 At the end of paragraph 11 of Schedule 4 Add: ; and (iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918. 137 Paragraphs 12A to 12D of Schedule 4 Repeal the paragraphs. 138 Paragraph 13 of Schedule 4 Omit “paragraphs 12, 12B and 12D”, substitute “paragraph 12”. 139 Paragraph 17 of Schedule 4 Omit “10(a), (b) or (ba)”, substitute “10(a) or (b)”. Schedule 2—Amendments to thresholds Commonwealth Electoral Act 1918 1 Subparagraph 304(5)(b)(ii) Omit “less than $200”, substitute “$10,000 or less”. 2 Paragraph 304(5)(c) Omit “less than $1,000”, substitute “$10,000 or less”. 3 At the end of subsection 304(5) Add: > Note: The dollar amounts mentioned in this subsection are indexed under section 321A. 4 Paragraph 304(6)(b) Omit “is equal to or exceeds $200”, substitute “exceeds $10,000”. 5 Paragraph 304(6)(c) Omit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”. 6 At the end of subsection 304(6) Add: > Note: The dollar amounts mentioned in this subsection are indexed under section 321A. 7 Subsection 305B(1) Omit “$1,500 or more”, substitute “more than $10,000”. 8 At the end of subsection 305B(1) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 9 Subsection 305B(3A) Omit “$1,500 or more”, substitute “more than $10,000”. 10 Subsection 305B(3A) Omit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”. 11 At the end of subsection 305B(3A) Add: > Note: The dollar amounts mentioned in this subsection are indexed under section 321A. 12 Subsections 306(1) and (2) Repeal the subsections, substitute: (1) It is unlawful for: (a) a political party; or (b) a State branch of a political party; or (c) a person acting on behalf of a political party or a State branch of a political party; to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which exceeds $10,000, unless: (d) the name and address of the person making the gift are known to the person receiving the gift; or (e) at the time when the gift is made: (i) the person making the gift gives to the person receiving the gift his or her name and address; and (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift. > Note: The dollar amount mentioned in this subsection is indexed under section 321A. (2) It is unlawful for: (a) a candidate; or (b) a member of a group; or (c) a person acting on behalf of a candidate or group; to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which exceeds $10,000, unless: (d) the name and address of the person making the gift are known to the person receiving the gift; or (e) at the time when the gift is made: (i) the person making the gift gives to the person receiving the gift his or her name and address; and (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift. > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 13 Subsection 306A(1) Omit “$1,500 or more”, substitute “more than $10,000”. 14 At the end of subsection 306A(1) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 15 Subsection 306A(2) Omit “$1,500 or more”, substitute “more than $10,000”. 16 At the end of subsection 306A(2) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 17 Paragraph 306B(a) Omit “is equal to or exceeds $1,000”, substitute “exceeds $10,000”. 18 At the end of section 306B Add: > Note 3: The dollar amount mentioned in this section is indexed under section 321A. 19 Subsection 311A(2) Omit “less than $1,500”, substitute “$10,000 or less”. 20 At the end of subsection 311A(2) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 21 Subsection 314AC(1) Omit “$1,500 or more”, substitute “more than $10,000”. 22 At the end of subsection 314AC(1) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 23 Subsection 314AC(2) Omit “less than $1,500”, substitute “$10,000 or less”. 24 At the end of subsection 314AC(2) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 25 Subsection 314AE(1) Omit “$1,500 or more”, substitute “more than $10,000”. 26 At the end of subsection 314AE(1) Add: > Note: The dollar amount mentioned in this subsection is indexed under section 321A. 27 At the end of Part XX Add: