The Act introduces, removes and redefines several legal concepts. The principal new or revised concepts created by the text are these.

• Authorisation period (s 180A). A new temporal concept replacing “election period” in certain disclosure and distribution provisions. For ordinary general elections the authorisation period spans from one year before polling day to 6pm on polling day; for other elections it runs from the day after the writ is issued to 6pm on polling day (s 180A). The replacement of “election period” with “authorisation period” is applied expressly in provisions that require naming the author of election material (s 181) and regulate how‑to‑vote card distribution (s 182) (ss 10-11). The Act therefore extends the period for some author identification and distribution controls to a full year before general elections where previously the applicable timeframe was the “election period” as earlier defined.
• Detention and its attribution to imprisonment for voting exclusion (ss 5-7, 46). The Act treats detention as an explicit ground in the enrolment and who‑may‑vote provisions (s 64, s 106 amendments, Referendums Act s 21 amendments). It reduces the sentence threshold for disenfranchisement to persons serving imprisonment or detention of 1 year or longer (s 6(4) replacing “3 years” with “1 year”). It also provides that any part of a sentence of detention that a person is serving as a term of imprisonment is taken to be attributable to the sentence of detention (s 6(8) and mirrored in related provisions: Local Government Act s 42(3); Referendums Act s 46(8)).
• Information sharing between corrective services/youth justice and electoral bodies (s 58(8) insertion; Local Government Act s 17A; Referendums Act s 21(5)). The commission and returning officers may request information from chief executives of corrective services and youth justice to determine who is not entitled to vote (Electoral Act s 58(8) as inserted; Local Government Electoral Act s 17A(1)-(2); Referendums Act s 21(5)). These provisions provide a statutory route for electoral officials to obtain custody data to make entitlement determinations.
• Restricted donation and restricted donation statement (Local Government Electoral Act inserts: s 106 definition; s 113AB; s 113BA). The Local Government Act creates a regime distinguishing “restricted donations” (gifts or loans made by a prohibited donor to a political party that are accompanied by a restricted donation statement) and prescribes the form and content of the statement (s 113AB). It then makes it unlawful to use such restricted donations for electoral purposes (s 113BA) and establishes a double‑amount recovery penalty if a restricted donation is used for an electoral purpose (s 113C(1A)).
• Donation cap period moved to financial year (Electoral Act new s 247; s 15). Where donation caps are adjusted, the Act makes the donation cap period operate by financial year (s 247) and moves indexation/adjustment and publication to 1 July each year, rounding up to the nearest dollar (s 15(1)-(2), (5)). Transitional provisions set transitional start dates for donation cap periods (Electoral Act s 456).
• Removal of specific donor prohibitions and offences (Electoral Act ss 17-20). The Act omits the subdivision imposing political donor restrictions on property developers (s 17) and omits s 307A (offence about prohibited donations) (s 18). Section 307B is retained and reworded to address schemes to circumvent offences under the part relating to donations or electoral expenditure (s 19). Section 307C is omitted (s 20). The effect is to take certain prohibitions and an associated offence out of the current statutory text; transitional s 457 preserves proceedings for offences committed before commencement.
• Removal of Part 9 oversight of preselection ballots (s 8). The statutory regime that previously allowed the commission to oversee and inquire into party preselections is removed; however, transitional provisions permit pending inquiries and audits to be completed (ss 454-455).

These concepts reallocate decision points and record‑keeping obligations between actors: electoral commission/returning officers, corrective services/youth justice, political parties, donors and candidates. The next section lists who is affected in practice.

The Act allocates responsibilities and alters rights for a range of actors. The text makes explicit who will be acting, who bears compliance obligations, and who can be advantaged or constrained mechanically.

• Persons serving sentences of imprisonment or detention. The Act expands the statutory category used to determine who is not entitled to vote to include persons serving a sentence of detention, and reduces the exclusion threshold from 3 years to 1 year (Electoral Act s 6; Referendums Act s 46; Local Government Electoral Act s 30(2)). The new rule also treats parts of detention served as imprisonment as attributable to detention (Electoral Act s 6(8); Local Government Act s 42(3); Referendums Act s 46(8)). Transitional provisions preserve earlier rules for particular elections and referendum writs issued before commencement (Electoral Act ss 452, 453; Referendums Act s 103; Local Government Act ss 239).
• Electoral Commission of Queensland (the commission). The commission gains a statutory power to request information from corrective services and youth justice to decide entitlement to vote (Electoral Act s 58(8) as inserted). It must apply the new authorisation‑period definition when enforcing author identification and how‑to‑vote card distribution rules (ss 9-11). The commission’s preselection oversight role under Part 9 is repealed, removing that statutory function (s 8) though pending inquiries/audits may be completed under transitional provisions (ss 454-455).
• Returning officers and electoral registrars. For local government elections, returning officers can request corrective services/youth justice information to determine entitlement to vote (Local Government Electoral Act s 17A(1)-(2)). Electoral registrars who have received information under Electoral Act s 58(8) may provide it to returning officers (Local Government Electoral Act s 17A(3)). Returning officers must compile voters rolls based on the updated “enrolled” concept (s 27 amendments).
• Chief executives of corrective services and youth justice. The Act requires these officials to give the commission or returning officers information on persons serving sentences or detention when asked (Electoral Act s 58(8); Local Government Electoral Act s 17A(2); Referendums Act s 21(5)). The Local Government Act requires the chief executive to respond “as soon as practicable” (s 17A(2)).
• Registered political parties. The Act alters the donations regime that affects parties: donation cap periods are defined per financial year (Electoral Act new s 247), indexation occurs 1 July each year (s 253 amendments), and parties are forbidden from paying restricted donations into the dedicated account required of registered parties in the Local Government Act (s 127AA(4A)). The omitted restrictions on donations from property developers (Electrical Act part omitted s 17) and the removal of s 307A change the legal landscape for parties in relation to particular donor sources (ss 17-18), though transitional provisions preserve recovery actions and proceedings tied to earlier law (Electoral Act ss 456, 458; Local Government Electoral Act ss 240).
• Donors (including “prohibited donors”). The Bill removes some statutory definitions and moves the definition of political donation to another section (s 12). It also creates the “restricted donation” category in the Local Government Act, which requires the donor to provide a restricted donation statement when making the gift or loan, and requires the statement to include specific particulars and the donor’s intention that the gift not be used for an electoral purpose (Local Government Electoral Act s 113AB). Donors who give restricted donations that are used for electoral purposes expose the recipient to a doubled monetary recovery to the State (s 113C(1A)).
• Candidates. The cap on political donations to candidates is adjusted in wording (s 16) and donation cap periods and adjustment dates change (s 14-15). Candidates for by‑elections held fewer than 30 days before commencement are subject to transitional rules (Electoral Act s 456(1)). Candidates may also be affected if they receive unlawful donations that are subject to recovery provisions (Electoral Act s 458; Local Government Electoral Act s 240).
• Registered officers and party members involved in preselection ballots. The omission of Part 9 removes the statutory oversight infrastructure for preselection ballots (s 8), but the commission may complete inquiries and audits that had already begun (ss 454-455).
• Government agencies with regulatory or schedule references (City of Brisbane Act 2010, Local Government Act 2009, Electoral Regulation 2024). Schedule 1 removes references to certain provisions and regulatory entries (Schedule 1 entries and Electoral Regulation 2024 changes). Those statutory cross‑references will cease to exist as legislative hooks in those instruments (Schedule 1: various items).

The Act therefore reassigns tasks and information flows between electoral bodies and corrective services/youth justice, redefines donor categories and payment restrictions for parties at the local level, and modifies temporal and enforcement mechanics that directly affect parties, donors, candidates, prisoners/detainees, and electoral administrators.

The statute text establishes a set of duties and rights for officials, parties, donors and electors. The following are the principal duties and rights as created or altered by the Act text, with specific section citations.

Duties to provide information

• Chief executives of corrective services and youth justice are obliged to give information to the commission, and to returning officers for local government matters, when asked, so the electoral body can decide entitlements under voter eligibility rules (Electoral Act s 58(8); Local Government Electoral Act s 17A(1)-(2); Referendums Act s 21(5)). The Local Government provision requires the chief executive to give the information “as soon as practicable” after receiving the request (Local Government Electoral Act s 17A(2)).

Commission and returning officer functions

• The commission may request custody/detention information to determine who is excluded from voting under s 106(2) of the Electoral Act (s 58(8)). Returning officers have a parallel power in local government elections (Local Government Electoral Act s 17A(1)). Electoral registrars may provide information received under Electoral Act s 58(8) to returning officers (Local Government Electoral Act s 17A(3)).
• The commission must apply the new “authorisation period” when enforcing the author‑of‑election‑matter and how‑to‑vote distribution rules (s 181 and s 182 as amended by ss 10-11).

Duties on donors and recipients (local government)

• Donors of restricted donations must provide a restricted donation statement at the time the gift or loan is made. The statement must be written, made by the donor, state the donor’s relevant particulars and state that the gift or loan is made with the intention it is not used for an electoral purpose (Local Government Electoral Act s 113AB(2)(a)-(e)).
• Recipients must not use restricted donations for electoral purposes (Local Government Electoral Act s 113BA). If a restricted donation is used for an electoral purpose, the recipient is liable to pay an amount equal to twice the amount or value of the restricted donation to the State (Local Government Electoral Act s 113C(1A)).

Financial duties and account restrictions (parties)

• A registered political party’s dedicated account must not receive restricted donations (Local Government Electoral Act s 127AA(4A)). This creates an accounting and funds management duty for registered parties to segregate funds and ensure restricted donations are not routed into the account required by s 127AA.

Donor and recipient rights in enforcement and review

• The Act preserves rights of appeal and review by adjusting cross‑references: the Electoral Act amends appeal references to include Local Government provisions in s 374 (s 21) and the Local Government Act aligns its review right to section 374 (s 39). Sections 113D and 113E (determination and revocation that an entity is not a prohibited donor) are amended to add notes referencing appeals under s 113G and the general s 374 review mechanism (Local Government Electoral Act ss 37-38).

Voter entitlement rights and exclusions

• The Act restates who is entitled to vote at local elections (Local Government Electoral Act s 64) and excludes persons serving a sentence of imprisonment or detention of 1 year or longer from voting (Local Government Electoral Act s 30(2)). Equivalent exclusions apply at state elections and referendums following amendment to the Electoral Act (s 6) and Referendums Act (s 46). Where someone is entitled to be enrolled, the Act preserves access to voting for those enrolled on an electoral roll, those entitled under Electoral Act 1992 s 64(1)(a)(ii) to be enrolled, persons not on the roll due to official error, and late enrollees who notify the commission by the cut‑off (Local Government Electoral Act s 64(1)(a)-(d)).

Removal or narrowing of duties

• The omission of part 9 from the Electoral Act removes the commission’s statutory duty to oversee preselection ballots (s 8), although pending matters are saved by transitional provisions (ss 454-455). The omission of the subdivision regulating political donations from property developers and the deletion of s 307A alter existing criminal duties and prohibitions; transitional sections preserve proceedings for offences committed before commencement (Electoral Act ss 17-18, 457).

Timing and administrative duties

• Donation cap adjustment is now a duty on relevant officers or agencies to take effect on 1 July each year (Electoral Act s 253(1) amended), and to publish updated figures before the start of each financial year (s 253(5) amended). The donation cap period itself is now formally defined as each financial year (new s 247).

Rights preserved by transitional provisions

• The Act’s transitional divisions preserve existing rights or processes where actions, inquiries, audits, or offences were initiated before commencement (Electoral Act ss 454-459; Local Government Electoral Act ss 238-241; Referendums Act s 103). For example, an inquiry into a preselection ballot started under former section 168 may be completed and reported as if former part 9 remained in force (Electoral Act s 454(2)).

Collectively, these duties impose information‑sharing obligations on corrective services/youth justice, recordkeeping and segregation duties on parties and donors, and operational duties on the commission and returning officers to apply the new temporal and eligibility rules.

The Bill amends and creates monetary liabilities and criminal liability pathways; it also changes the operational enforcement provisions in several places. The key enforcement and penalty mechanisms created or adjusted by the Act text are these.

Monetary recovery and additional civil liability

• Use of restricted donations for electoral purposes triggers a doubled monetary recovery: where a person uses a restricted donation for an electoral purpose, an amount equal to twice the amount or value of the restricted donation is payable by the person to the State (Local Government Electoral Act s 113C(1A)). This is an explicit civil recovery mechanism attached to misuse of restricted donations.

Criminal offences and mental element

• The Local Government Electoral Act amends the offence provision about prohibited donations (s 194A) so that it applies where the person knows or ought reasonably to know of the facts that render the act or omission unlawful under s 113B or s 113BA (s 41). This adopts an objective “ought reasonably to know” standard in the knowledge element for the offence, extending criminal liability to conduct accompanied by a reasonable‑knowledge threshold.
• The Electoral Act omits s 307A (offence about prohibited donations) (s 18). The effect is that the particular offence is removed from the text; but transitional provisions preserve proceedings for offences committed before commencement (Electoral Act s 457).

Schemes to circumvent offences

• Section 307B (redrafted) addresses schemes to circumvent any offence against the relevant part related to making or accepting political donations or incurring electoral expenditure (Electoral Act s 19). The heading and text are amended: the heading omits “particular” and subsection (1) is recast to target schemes to circumvent an offence against the part related to making or accepting political donations or incurring electoral expenditure (s 19(1)-(2)). Section 307B remains the summary offence referenced in s 385(1) after amendment (s 22).

Administrative enforcement and appeals

• The Act updates cross‑references about information notices and appeals (Electoral Act s 374 note amended at s 21). Local Government Electoral Act decision review pathways are aligned to the general Electoral Act review pathway: s 113G is amended to point to s 374 (Local Government Electoral Act s 39). Sections 113D and 113E (determination that an entity is not a prohibited donor and revocation) are amended to include notes referencing the right to appeal under s 113G (Local Government Electoral Act ss 37-38). This preserves a consistent review channel for determinations about prohibited donor status.

Transitional enforcement

• Proceedings for offences under the former provisions may be continued or started and persons convicted or punished as if the amending Act had not commenced (Electoral Act s 457(2); Local Government Electoral Act s 241(2)). For offences committed prior to commencement, this provision ensures no retroactive removal of prosecutorial avenues (subject to the Acts Interpretation Act 1954 s 20 and notwithstanding Criminal Code s 11 as noted in s 457(3) and Local Government Electoral Act s 241(3)).

Operational enforcement measures

• The commission and returning officers’ newly authorised access to custody and detention information (Electoral Act s 58(8); Local Government Electoral Act s 17A; Referendums Act s 21(5)) are enforcement‑adjacent mechanisms: they enable electoral officials to verify eligibility and thereby apply exclusion rules and associated offences for illegal voting or failure to comply with declaration/enrolment requirements.

Removal of some criminal provisions

• The omission of s 307C (false or misleading information relating to determinations) removes that specific criminal pathway from the statute (s 20). The Act retains other summary offences by renumbering s 385(1) to refer to s 307B only (s 22).

In summary, the Act introduces a mix of civil recovery (double payment for misuse of restricted donations) and criminal liability anchored to knowledge or reasonable knowledge, modifies enforcement mechanisms by authorising access to custodial data, and reworks several offences,omitting some and recasting others,with transitional provisions preserving existing prosecutions commenced before commencement.

The amending Act makes explicit cross‑references, removals and insertions that interact with existing statutory frameworks in a number of ways. The text reveals direct interactions and consequential effects.

Cross‑statutory information sharing

• The Electoral Act, Local Government Electoral Act and Referendums Act now each expressly authorise information requests to chief executives of corrective services and youth justice (Electoral Act s 58(8); Local Government Electoral Act s 17A; Referendums Act s 21(5)). Those provisions create a statutory channel that intersects with the duties and privacy regimes that govern corrective services and youth justice agencies. The Local Government Act adds a timing expectation on the chief executive to provide the information “as soon as practicable” (s 17A(2)). The Electoral Act and Referendums Act omit the parenthetical “(corrective services)” used previously in cross references (Electoral Act s 58(9) omission at s 4(2), Referendums Act changes at s 46(10)-(12)), but maintain the power to request information.

Interaction with schedule and regulation instruments

• Schedule 1 deletes specified entries and modifies cross references in the City of Brisbane Act 2010 and the Local Government Act 2009, removing references to words such as “particular” in entries for s 307B(1) and removing entries for s 307A(1) and s 307C(1) (Schedule 1 items). The Electoral Regulation 2024 is also amended to delete s 32 and schedule 1 entries (Schedule 1, Electoral Regulation 2024 items). These interactions remove or alter delegated instruments or cross‑legislative references that previously cited the omitted provisions, requiring those instruments to be updated or leaving gaps where earlier rules applied.

Donation regulation interplay

• The Act removes the statutory definition of “prohibited donor” from s 197 and deletes associated provisions in s 216 and schedule 1 (s 13(2); s 24(1)). Political donation is redefined as “see section 250” (s 12(2)), shifting reliance between parts of the Electoral Act. The omission of the property developer subdivision in Part 11 (s 17) and removal of s 307A (s 18) alter how the Electoral Act interacts with any other Acts that referenced those offences or prohibitions. Transitional provisions preserve rights to recover unlawfully accepted donations and to continue or start proceedings for offences committed before commencement (Electoral Act ss 456, 457, 458).

Local government and state nexus

• The Local Government Electoral Act now references definitions and sections that cross to the Electoral Act (s 28(3) provides that information received under Electoral Act s 58(8) may be provided to returning officers). The Local Government Act introduces the restricted donation concept (s 32) and aligns enforcement mechanisms (s 41) with the general scheme of donor prohibition, but it also creates distinct local recovery and criminal rules (s 113C(1A), s 194A amendment). Parties operating at both state and local levels will need to apply both sets of rules.

Appeals and administrative review harmonisation

• The Electoral Act amends appeal references to include information notices given under specified sections and points to the Local Government Electoral Act for cross‑reference (s 21 amending s 374 note). The Local Government Act aligns its internal review reference to s 374 (s 39). This produces a more uniform administrative review architecture across the electoral statutes.

Transitional continuity

• For proceedings, inquiries, audits, and donation recoveries that began before commencement, the amending Act provides that prior legislation continues to apply for those matters (Electoral Act ss 454-459; Local Government Electoral Act ss 238-241; Referendums Act s 103). That ensures continuity of enforcement or administrative processes started under the previous statutory regime while the amended regime takes effect prospectively.

Taken together, the Act rewrites donor and offence definitions, reassigns information‑sharing power between agencies, and alters the interaction between state and local electoral law. Officials and practitioners must map pre‑existing regulatory references to the new provisions and account for transitional continuations.

The instrument before you is titled the Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025 and is structured as amendments to multiple Acts. The provided text does not include a legislative history prior to the Bill; however the Bill itself contains internal staging and transitional provisions that record how the amendments will enter into effect and which parts commence by proclamation. Relevant commencement rules are set out in Part 1:

• Commencement structure (s 2). Sections 4-7, certain parts of section 23, sections 26-31, section 42, section 43 insofar as it inserts new s 239, and part 4 commence on a day to be fixed by proclamation (s 2(1)(a)-(f)). The remaining provisions commence 28 days after assent (s 2(2)). This split commencement means some amendments (notably parts affecting voter eligibility and local government provisions) are intended to be brought into force at different times by proclamation.

Insertion, omission and replacement chronology within the Bill

• Part 2 lists sequential amendments to the Electoral Act 1992. The Bill omits whole Part 9 (commission oversight of preselection ballots) via s 8, and then inserts a new s 180A and applies it to s 181 and s 182 (ss 9-11). It removes several donation definitions and shifts the political donation definition to s 250 and modifies donation cap timing (ss 12-16). It omits a subdivision relating to property developers and s 307A, and removes s 307C (ss 17-20). It then inserts a new Part 13 Division 13 with transitional provisions (s 23).
• Part 3 amends the Local Government Electoral Act 2011: inserting s 16A, altering how returning officers compile voters rolls (s 27), inserting s 17A to obtain detention information, replacing s 64 (who may vote) and adding the restricted donation regime including statements, use prohibitions and recoveries (ss 26-43). It also inserts transitional Division 7 (ss 238-241).
• Part 4 amends the Referendums Act 1997 to align voter eligibility and info‑sharing (ss 45-48) and adds a transitional provision (s 103).
• Part 5 and schedule 1 make consequential amendments to the City of Brisbane Act 2010, Electoral Regulation 2024 and the Local Government Act 2009, removing certain cross‑references (Schedule 1).

Transitional and saving provisions

• The Act contains a number of transitional clauses that preserve ongoing processes and legal steps that began under the previous law: completion of existing preselection inquiries/audits (Electoral Act ss 454-455), treatment of donation cap periods in progress at 1 July 2025 (Electoral Act s 456), continuation or starting of proceedings for particular offences committed before commencement (Electoral Act s 457; Local Government Electoral Act s 241), and recovery of unlawfully accepted donations accepted before commencement under former sections (Electoral Act s 458; Local Government Electoral Act s 240). It also preserves determinations made under former donor rules for a limited period and provides an expiry date for the register of determinations continuation (Electoral Act s 459).

Schedule changes and consequential amendments

• Schedule 1 makes other amendments to ensure other statutes and regulations no longer refer to the omitted or changed sections (Schedule 1 items). For example, it removes entries for s 307A(1) and s 307C(1) and alters entries for 307B(1) in other Acts (Schedule 1, items under City of Brisbane Act 2010 and Local Government Act 2009). The Electoral Regulation 2024 is pruned by deleting a section and schedule entries (Schedule 1, Electoral Regulation 2024 items).

The Bill is structured to phase in changes and to provide continuity for matters initiated under earlier rules. The detailed transitional mapping suggests the drafter expects administrative processes, pending audits and prosecutions to require preservation to avoid retroactive impact on ongoing matters.

The provided Bill text does not include judicial decisions, case law references, or litigation history. The Bill does contain references to internal administrative review mechanisms and to appeal rights (for example, the Local Government Electoral Act inserts notes that refer parties to review rights under s 374; Local Government Electoral Act ss 37-39), and the Electoral Act amends the note to s 374 to reference information notices given under sections 351 and 355 and relevant Local Government Electoral Act sections (s 21). The Act does not name any cases and contains no statutory citations to judicial decisions. The transitional provisions preserve existing proceedings for specified offences and make express provision that proceedings for offences committed before commencement may be continued or started and persons convicted and punished as if the amending Act had not commenced (Electoral Act s 457(2); Local Government Electoral Act s 241(2)). Those transitional provisions expressly interact with the Acts Interpretation Act 1954 s 20 and note notwithstanding operation of Criminal Code s 11 (Electoral Act s 457(3); Local Government Electoral Act s 241(3)); this framing preserves prosecutorial continuity and limits the potential for defence arguments about the repeal of a substantive offence to obtain retroactive relief. Any litigation arising under the new provisions (for example, challenges to determinations about prohibited donor status, disputes over use of restricted donations, appeals against information notices, or disputes over voter entitlement determined by custodial data) will proceed under the revised appeal and review framework created by this Bill (see s 374 and Local Government Electoral Act s 113G).

Because the Bill text does not provide case names or prior judicial interpretations, practitioners should expect early litigation to focus on statutory interpretation of the new concepts (for example, “restricted donation statement” sufficiency, the meaning of “electoral purpose”, the proper scope of commission or returning officer information requests, and the evidentiary standard for “ought reasonably to know” under s 194A). These interpretive battles are likely to surface once the Act is in force and applied in administrative or enforcement contexts.

The statute text contains several points likely to produce uncertainty, operational friction or compliance pitfalls. These are not evaluative judgments but mechanical or legal points where practitioners should not assume clarity.

Temporal scope and definitions

• Authorisation period expansion and the one‑year pre‑poll window. The new “authorisation period” (s 180A) extends the window for author‑of‑election‑matter obligations and how‑to‑vote card distribution regulations to a full year before an ordinary general election’s polling day. That change alters when obligations to name authors and distribution limits apply. Practitioners who assume the shorter “election period” timing will face compliance risk. The text is explicit: s 180A defines the period and s 181 and s 182 are amended accordingly (ss 9-11).
• Donation cap period redefinition to financial year. The redefinition of the donation cap period to “each financial year” (new s 247 at s 14) and the movement of indexation to 1 July annually (s 15) change year boundaries for cap calculations. Transitional s 456 contains specific rules for candidates in by‑elections and for donation cap periods that have started but not ended before 1 July 2025. Practitioners must map pre‑existing cap periods against the new financial‑year basis to determine which cap applies.

Information sharing, privacy and timing

• Chief executive information provision “as soon as practicable”. The Local Government Electoral Act requires the chief executive to give returning officers the requested information “as soon as practicable” (s 17A(2)). The Electoral Act s 58(8) lacks that “as soon as practicable” phrase for commission requests; this unevenness could produce timing discrepancies across jurisdictions and creates potential operational friction in obtaining and using custodial data.
• Attribution of part of detention served as imprisonment (s 6(8)). The Act expressly treats any part of a sentence of detention that a person is serving as a term of imprisonment as attributable to detention for subsection (2). The drafting creates a unitary calculation rule that will matter where sentences are converted or transferred between detention and imprisonment. Practitioners should note potential disputes about the proper calculation of the length of the sentence and whether it meets the 1‑year threshold, especially in transitional cases.

Removal of Part 9 and transitional completions

• Part 9 (commission oversight of preselection ballots) is omitted (s 8), but transitional ss 454-455 allow the commission to complete and report on inquiries initiated before commencement, and require that some inquiries initiated by complaints must be completed. The effect is a mixed regime where existing processes continue but the statutory oversight function is removed prospectively. Parties and registered officers should not assume preselection oversight will be available going forward.

Definition and relocation issues

• Removal of “political donation” and “prohibited donor” from s 197 and schedule 1 and redirection to s 250 (s 12(1)-(2), s 24). The Bill omits the earlier definitions and refers to s 250 for political donation. That relocation requires readers to consult s 250 (not included in the excerpt) to find the substantive definition. Similarly, loans have a modified definition (s 12(3)). Practitioners who only consult s 197 or schedule 1 will miss these changes.
• Removal of property developer donation restrictions and s 307A. The omission of the property developer subdivision (s 17) and s 307A (s 18) eliminates those textual prohibitions. Transitional ss 456, 457 and 458 preserve certain pre‑commencement effects, but parties must be careful when advising on conduct that straddles commencement.

Restricted donation formalities and evidentiary proof

• The Local Government Act requires restricted donation statements to be in writing, made by the donor, include the donor’s relevant particulars, state the intention that the gift or loan is not used for an electoral purpose, and be given to the recipient when the gift or loan is made (s 113AB(2)(a)-(e)). Practical challenges include proving the donor’s intention, record‑keeping to show the statement was given “when” the gift or loan was made, and verifying the “relevant particulars” where the donor is an entity. The Act cross‑references “relevant particulars” to Electoral Act s 197 (Local Government Electoral Act s 113AB(3)), but s 197 itself was amended (s 12). Practitioners will need to align the documents and records to avoid disputes over compliance.

Payment segregation duty for parties

• The insertion requiring that “a restricted donation received by the political party must not be paid into the account” (s 127AA(4A)) imposes a funds segregation duty. Practical issues arise for parties receiving complex incoming funds (loans, aggregated donations) and for bookkeeping to demonstrate compliance. The failure to segregate gives rise to civil recovery and potential criminal exposure if the funds are used for electoral purposes.

Ambiguity over “electoral purpose”

• Several provisions hinge on whether an expenditure or use is an “electoral purpose” (Local Government Electoral Act s 113BA). The Act text does not define “electoral purpose” in the inserted provisions. That uncertainty may trigger disputes about the scope of the prohibition and the circumstances in which the doubled recovery applies.

Criminal liability standard “ought reasonably to know”

• The Local Government Act amends s 194A to create liability where a person “knows or ought reasonably to know” that their act or omission is unlawful under s 113B or 113BA (s 41). The “ought reasonably to know” standard is objective and could be the basis for prosecution in cases involving willful blindness or negligence about donor status or funds use. Determining what a person “ought reasonably to know” will be factually contested.

Consequence of omissions in delegated instruments

• The Schedule 1 deletions (removal of references to certain sections in other Acts and deletion in the Electoral Regulation 2024) could produce consequential regulatory gaps if those subordinate instruments are not promptly updated for consistency with the amended primary statutes.

Practitioners should therefore map transitional rules carefully, audit donation processing and donor statements, ensure robust records for the timing and provenance of donations, test custody/detention data flows with corrective services and youth justice, and prepare for contested interpretations of “electoral purpose” and the “ought reasonably to know” standard.

The Act imposes new operational and recordkeeping obligations on electoral administrators, registered political parties, donors, returning officers and corrective services/youth justice agencies. Below is a practical compliance checklist derived from the statutory text and transitional provisions. This is a source‑grounded procedural map: follow the cited sections when implementing.

For electoral commissions and returning officers

• Establish an information request workflow with corrective services and youth justice agencies. The Electoral Act (s 58(8) inserted) and Local Government Electoral Act (s 17A(1)-(2)) permit the commission and returning officers to ask chief executives for information about persons serving sentences or terms of imprisonment or detention. Build secure data exchanges and an evidence trail for requests and responses. The Local Government Act requires the chief executive to respond “as soon as practicable” (s 17A(2)).
• Update roll compilation procedures. The Local Government Act replaces “entitled” with “enrolled” in s 17 and defines “enrolled to vote” (s 16A). Returning officers must compile voters rolls consistent with these amendments (s 27).
• Apply the new “authorisation period” to author‑naming and distribution enforcement. Replace references to the former “election period” with the new authorisation period for provisions in s 181 and s 182 (ss 9-11). Ensure compliance checks for author details and how‑to‑vote distribution reflect the one‑year pre‑poll window for ordinary general elections (s 180A).

For corrective services and youth justice agencies

• Put a response mechanism in place to handle commission and returning officer requests for information under Electoral Act s 58(8), Local Government Electoral Act s 17A and Referendums Act s 21(5). The Local Government Act requires responses “as soon as practicable” (s 17A(2)). Establish secure procedures to transmit the information and keep record logs justified by statutory authority.

For registered political parties and party officers

• Segregate restricted donations outside the dedicated account mandated by s 127AA. The Local Government Act makes it unlawful to pay restricted donations into the party’s dedicated account (s 127AA(4A)). Ensure bookkeeping and bank arrangements allow segregation of those funds and maintain auditable ledgers showing origin and use of all donations.
• Implement donation intake controls and donor statement capture. For local government‑level donations, if a donor is a prohibited donor and offers a gift or loan accompanied by a restricted donation statement, capture the restricted donation statement at the time the gift or loan is made, store the written statement and associate it with the transaction (Local Government Electoral Act s 113AB(2)(a)-(e)). The statement must include relevant particulars and the donor’s intention that the gift not be used for an electoral purpose (s 113AB(2)(c)-(d)). Maintain an index of statements for audit and disclosure.
• Train finance and compliance staff about the doubled recovery risk. If a restricted donation is used for an electoral purpose, an amount equal to twice the donation value is payable to the State (s 113C(1A)). Financial controllers should flag restricted donations and require pre‑use clearance for any expenditure that could be characterised as an electoral purpose.

For donors and potential prohibited donors

• Where providing a restricted donation, ensure the restricted donation statement is accurate, in writing, contains the relevant particulars and is physically delivered to the recipient when the gift or loan is made (Local Government Electoral Act s 113AB(2)). Consider legal advice before making complex gifts or loans to political parties to ensure the statement’s adequacy and to understand whether the donor is a “prohibited donor” under other statutory provisions (note: the Bill moves certain definitions,see s 12).

For candidates

• Review donation cap timing and limits. Donation cap periods are now each financial year (new Electoral Act s 247, s 14) and adjustments occur on 1 July each year (s 15). Candidates must ensure donations received and reported map to the correct cap period. Transitional s 456 clarifies the treatment of donation cap periods in respect of elections in the run‑up to commencement.
• Keep records of donations and restricted donation statements. To avoid civil recovery or criminal exposure, candidates should keep explicit records showing the source of funds and that any restricted donation statements were obtained and complied with, especially for local government campaigns where the restricted donation regime is defined.

For administrators and counsel handling pre‑commencement matters

• For inquiries and audits started under the former provisions (e.g. preselection inquiries under former Part 9), complete and report as if the former rules remained in force where the inquiry or audit began before commencement (Electoral Act ss 454-455). Document actions to satisfy the transitional requirements.

For compliance officers and registrars

• Update public notices and forms to reflect “authorisation period” and the definition of address in s 180A if the electoral regulations prescribe address forms. The Act introduces a broader definition of address that includes post office boxes and prescribed forms (s 180A).
• Update the templates, disclosure forms and party account statements to exclude restricted donations from the party’s dedicated account and to capture the presence of restricted donation statements where relevant.

For legal advisers and internal governance

• Re‑map references to omitted provisions. The Bill omits certain sections (s 307A, s 307C) and a subdivision on property developers. Check contracts, compliance manuals and disclosure schedules for references to those provisions and update to reflect the new statutory landscape. Schedule 1 effects will likely require consequential changes in subordinate instruments and organisational policies.
• Monitor prosecutorial and administrative updates. Transitional provisions provide for continuation of prosecutions under former sections (Electoral Act s 457; Local Government Electoral Act s 241). Keep track of any active prosecutions or recovery actions related to former provisions to ensure obligations are met.

Across all actors, the practical steps are record creation at the point of donation, secure transmission and logging of custodial information requests and responses, segregation of restricted funds, synchronization of donation cap reporting to the financial year, and updating operational manuals and forms to reflect the authorisation period and the changed electorate eligibility thresholds. The Act’s transitional provisions must be consulted for any matter that began before commencement to determine whether the old or new rules apply (Electoral Act ss 451-459; Local Government Electoral Act ss 238-241; Referendums Act s 103).