2025
A Bill
for
An Act to amend the Electoral Act 1992, the Local Government
Electoral Act 2011, the Referendums Act 1997 and the
legislation mentioned in schedule 1 for particular purposes
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Authorised by the Parliamentary Counsel
[s 1]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Electoral Laws (Restoring
Electoral Fairness) Amendment Act 2025.
2 Commencement
(1) The following provisions of this Act commence on a day to be
fixed by proclamation—
(a) sections 4 to 7;
(b) section 23 to the extent it inserts new section 452;
(c) sections 26 to 31;
(d) section 42;
(e) section 43 to the extent it inserts new section 239;
(f) part 4.
(2) The remaining provisions of this Act commence on the day
that is 28 days after the date of assent.
Part 2 Amendment of Electoral Act
1992
3 Act amended
This part amends the Electoral Act 1992.
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Clause 3
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Clause 6
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Clause 19
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Authorised by the Parliamentary Counsel
[s 4]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
4 Amendment of s 58 (Commission to keep electoral rolls)
(1) Section 58(8)—
omit, insert—
(8) To enable the commission to decide the persons
who are not entitled to vote because of section
106(2), the commission may ask—
(a) the chief executive (corrective services) to
give the commission information about
persons who are serving sentences or terms
of imprisonment for offences against the
law of the Commonwealth or of a State or
Territory; or
(b) the chief executive (youth justice) to give
the commission information about persons
aged at least 18 years who—
(i) are serving a sentence of detention; or
(ii) were serving a sentence of detention of
1 year or longer and have been
transferred to serve the sentence as a
term of imprisonment.
(2) Section 58(9), ‘(corrective services)’—
omit.
5 Amendment of s 64 (Entitlement to enrolment)
Section 64, after ‘imprisonment’—
insert—
or detention
6 Amendment of s 106 (Who may vote)
(1) Section 106(2), ‘A person’
omit, insert—
Clause 1
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Clause 23
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Clause 27
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Authorised by the Parliamentary Counsel
[s 7]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
Also, a person
(2) Section 106(3), ‘Also,’—
omit, insert—
However,
(3) Section 106(3) and (4), after ‘imprisonment’—
insert—
or detention
(4) Section 106(3), ‘3 years’—
omit, insert—
1 year
(5) Section 106(3)—
relocate and renumber as section 106(1A).
(6) Section 106(1A) and (2)—
renumber as section 106(2) and (3).
(7) Section 106(4), ‘subsection (3)’—
omit, insert—
subsection (2)
(8) Section 106—
insert—
(5) Also, for subsection (2), 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.
7 Amendment of s 115 (Who must make a declaration vote)
Section 115(f), after ‘imprisonment’—
insert—
or detention
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Clause 24
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Authorised by the Parliamentary Counsel
[s 8]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
8 Omission of pt 9 (Commission oversight of preselection
ballots)
Part 9—
omit.
9 Insertion of new s 180A
Before section 181—
insert—
180A Definitions for division
In this division—
address includes—
(a) a post office box; and
(b) a form of address prescribed by regulation.
authorisation period means—
(a) for an ordinary general election, the
period—
(i) beginning on the day that is 1 year
before the polling day for the election;
and
(ii) ending at 6p.m. on the polling day for
the election; or
(b) for any other election, the period—
(i) beginning on the day after the writ for
the election is issued; and
(ii) ending at 6p.m. on the polling day for
the election.
10 Amendment of s 181 (Author of election matter must be
named)
(1) Section 181(1), ‘election period’—
Clause 1
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Clause 5
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Clause 26
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Authorised by the Parliamentary Counsel
[s 11]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
omit, insert—
authorisation period
(2) Section 181(2), ‘(other than a post office box)’—
omit.
11 Amendment of s 182 (Distribution of how-to-vote cards)
(1) Section 182(1), ‘election period’—
omit, insert—
authorisation period
(2) Section 182(3)—
omit.
(3) Section 182(5), ‘election period’—
omit, insert—
authorisation period
(4) Section 182(4) to (6)—
renumber as section 182(3) to (5).
12 Amendment of s 197 (Definitions)
(1) Section 197, definitions political donation and prohibited
donor—
omit.
(2) Section 197—
insert—
political donation see section 250.
(3) Section 197, definition loan, ‘a financial institution or’—
omit.
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Clause 5
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Clause 16
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Authorised by the Parliamentary Counsel
[s 13]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
13 Amendment of s 216 (Payments into State campaign
account)
(1) Section 216(2)(d), ‘(other than an amount given to the spouse
by a prohibited donor)’—
omit.
(2) Section 216(4), definition prohibited donor—
omit.
14 Replacement of s 247 (Meaning of donation cap period)
Section 247—
omit, insert—
247 Meaning of donation cap period
The donation cap period, for a registered political
party or candidate in an election, is each financial
year.
15 Amendment of s 253 (Adjustment of donation cap)
(1) Section 253(1), ‘30 days after the polling day for each general
election (the recent general election)’—
omit, insert—
on 1 July each year
(2) Section 253(1)(a), after ‘subsection (2)’—
insert—
rounded up to the nearest dollar
(3) Section 253(2), definition B, ‘that ended before the polling
day for the recent general election’—
omit, insert—
for which such a number was published before the
end of the previous financial year
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Clause 8
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Clause 15
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Authorised by the Parliamentary Counsel
[s 16]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
(4) Section 253(2), definition C, ‘that ended before the polling
day for the previous general election’—
omit, insert—
for which such a number was published before the
end of the financial year immediately before the
previous financial year
(5) Section 253(3), ‘as soon as practicable after the amount is
adjusted under this section’—
omit, insert—
before the start of each financial year
(6) Section 253(4), definition previous general election—
omit.
16 Amendment of s 255 (Caps on political donations made
to candidates)
Section 255, after ‘during a donation cap period for’—
insert—
a candidate in
17 Omission of pt 11, div 8, sdiv 4 (Political donations from
property developers)
Part 11, division 8, subdivision 4—
omit.
18 Omission of s 307A (Offence about prohibited donations)
Section 307A—
omit.
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Clause 13
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Clause 18
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Clause 22
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Authorised by the Parliamentary Counsel
[s 19]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
19 Amendment of s 307B (Schemes to circumvent
prohibition on particular political donations or electoral
expenditure)
(1) Section 307B, heading, ‘particular’—
omit.
(2) Section 307B(1), from ‘to circumvent’ to ‘expenditure’—
omit, insert—
to circumvent an offence against this part related
to making or accepting political donations or
incurring electoral expenditure
20 Omission of s 307C (False or misleading information
relating to determinations)
Section 307C—
omit.
21 Amendment of s 374 (Right of appeal)
Section 374, note—
omit, insert—
Note—
Information notices are given under sections 351 and
355. See also the Local Government Electoral Act 2011,
sections 113D(4) and 113E(2).
22 Amendment of s 385 (Particular offences under this part
are summary)
Section 385(1), ‘sections 307A to 307C’—
omit, insert—
section 307B
Clause 1
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Clause 11
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Clause 15
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Clause 22
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Authorised by the Parliamentary Counsel
[s 23]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
23 Insertion of new pt 13, div 13
Part 13—
insert—
Division 13 Transitional provisions for
Electoral Laws (Restoring
Electoral Fairness)
Amendment Act 2025
451 Definitions for division
In this division—
amending Act means the Electoral Laws
(Restoring Electoral Fairness) Amendment Act
2025.
former, for a provision of this Act, means the
provision as in force from time to time before the
commencement.
new, for a provision of this Act, means the
provision as in force from the commencement.
452 Prisoner voting in particular elections
Despite the amending Act, former sections 64,
106 and 115 continue to apply to a person in
relation to an election for which the writ was
issued before the commencement.
453 Election matter etc. for particular elections
Despite the amending Act, former sections 181
and 182 continue to apply in relation to election
matter and how-to-vote cards for an election for
which the election period started before the
commencement.
Clause 1
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