Page 15
Authorised by the Parliamentary Counsel
[s 23]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
454 Existing inquiry into preselection ballot
(1) This section applies to an inquiry into a
preselection ballot started under former section
168, but not completed, before the
commencement.
(2) Despite the repeal of former part 9—
(a) for an inquiry initiated by the commission
under former section 168(1)(a), the
commission may complete and report on the
inquiry as if former part 9 were still in force;
and
(b) for an inquiry initiated by a complaint under
former section 168(1)(b) from a candidate
or a party member who was eligible to vote
in the preselection ballot, the commission
must complete and report on the inquiry as
if former part 9 were still in force.
(3) Despite its repeal, former section 168 applies in
relation to an inquiry conducted under this
section.
455 Current audit of preselection ballot
(1) This section applies if—
(a) before the commencement, the commission
gave a notice under former section 172(1) to
the registered officer of a political party that
a preselection ballot was to be audited; and
(b) immediately before the commencement, the
commission had not given a report to the
Minister under former section 172(5)
identifying the preselection ballot as having
been examined under former section 172.
(2) Despite their repeal—
(a) former section 172 continues to apply in
relation to the audit; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Page 16
Authorised by the Parliamentary Counsel
[s 23]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
(b) former section 173 applies in relation to a
report given to the Minister identifying the
preselection ballot.
456 Transitional provision for donation cap
periods
(1) For a candidate in a by-election held fewer than
30 days before the commencement—
(a) former section 247 applies to the candidate
in relation to the candidate’s donation cap
period for that election; and
(b) former part 11, division 6 continues to apply
in relation to the candidate until the end of
that donation cap period.
(2) For any other candidate in an election and for a
registered political party—
(a) a donation cap period under former section
247 that had started but not ended before 1
July 2025 is taken for all purposes,
including the application of offence
provisions, to have ended on 30 June 2025
at the end of the day; and
(b) the candidate’s or party’s first donation cap
period under new section 247 is taken to
have started on 1 July 2025; and
(c) new part 11, division 6 applies in relation to
the candidate or party as if it had
commenced on 1 July 2025.
457 Proceedings for particular offences
(1) This section applies in relation to an offence
against former section 307A, 307B or 307C(1)
committed by a person before the
commencement.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 17
Authorised by the Parliamentary Counsel
[s 24]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 2 Amendment of Electoral Act 1992
(2) Without limiting the Acts Interpretation Act 1954,
section 20, a proceeding for the offence may be
continued or started, and the person may be
convicted of and punished for the offence, as if
the amending Act had not commenced.
(3) Subsection (2) applies despite the Criminal Code,
section 11.
458 Recovery of particular donations
(1) This section applies in relation to a political
donation that was unlawfully accepted under
former section 275 before the commencement.
(2) Former section 276 continues to apply in relation
to the person who accepted the donation, as if
section 17 of the amending Act had not
commenced.
(3) For the purpose of this section, former part 11,
division 8, subdivision 4 continues to apply as if
section 17 of the amending Act had not
commenced.
459 Register of determinations
(1) Former section 279 continues to apply in relation
to determinations made under former section 277
before the commencement and in relation to
revocations made under former section 278
before the commencement.
(2) This section expires on 1 July 2029.
24 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definitions political donation and prohibited
donor—
omit.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Clause 27
28
29
30
Page 18
Authorised by the Parliamentary Counsel
[s 25]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
(2) Schedule 1—
insert—
address, for part 10, division 2, see section 180A.
authorisation period, for part 10, division 2, see
section 180A.
political donation see section 250.
Part 3 Amendment of Local
Government Electoral Act 2011
25 Act amended
This part amends the Local Government Electoral Act 2011.
26 Insertion of new s 16A
Before section 17—
insert—
16A Definition for division
In this division—
enrolled to vote, at an election, means enrolled on
an electoral roll for an electoral district, or part of
an electoral district, included—
(a) for an election for all of a local
government’s area—in the area; or
(b) for an election for a division of a local
government’s area—in the division.
27 Amendment of s 17 (Returning officer must compile
voters roll)
(1) Section 17(1), ‘entitled’—
omit, insert—
1
2
3
4
5
6
7
8
Clause 9
10
Clause 11
12
13
14
15
16
17
18
19
20
21
22
Clause 23
24
25
26
Page 19
Authorised by the Parliamentary Counsel
[s 28]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
enrolled
(2) Section 17(2)—
omit.
(3) Section 17(3), after ‘returning officer the’—
insert—
information and
(4) Section 17(3)—
renumber as section 17(2).
28 Insertion of new s 17A
After section 17—
insert—
17A Information about persons serving sentences
of imprisonment or detention
(1) To enable a returning officer to decide the persons
who are not entitled to vote because of section
64(2), the returning officer may ask—
(a) the chief executive (corrective services) to
give the returning officer 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 returning officer 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) The chief executive must give the returning
1
2
3
4
5
6
7
8
Clause 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 20
Authorised by the Parliamentary Counsel
[s 29]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
officer the information as soon as practicable after
receiving the request.
(3) Also, if an electoral registrar has received
information under the Electoral Act 1992, section
58(8), it may be provided to the returning officer.
29 Amendment of s 19 (Requirements of voters roll)
Section 19(1)(a), ‘entitled’—
omit, insert—
enrolled
30 Replacement of s 64 (Who may vote)
Section 64—
omit, insert—
64 Who may vote
(1) The following persons are the only persons
entitled to vote at an election—
(a) persons on the voters roll;
(b) persons who are not on the voters roll but
are entitled under the Electoral Act 1992,
section 64(1)(a)(ii) to be enrolled to vote at
the election;
(c) persons who are not on the voters roll
because of an official error;
(d) persons who—
(i) are not on the voters roll but are
entitled, under the Electoral Act 1992,
to be enrolled on the electoral roll for
the electoral district in which the area
or division is situated; and
(ii) after the cut-off day for the voters roll
and no later than 6p.m. on the day
1
2
3
4
5
Clause 6
7
8
9
Clause 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 21
Authorised by the Parliamentary Counsel
[s 31]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
before the polling day, give the
electoral commission a notice under
the Electoral Act 1992, section 65.
(2) However, a person who is serving a sentence of
imprisonment or detention of 1 year or longer is
not entitled to vote at an election.
(3) Also, a person is not entitled to vote—
(a) more than once at the same election; or
(b) at 2 or more divisions of the same local
government area.
31 Amendment of s 69 (Who must complete a declaration
envelope)
(1) Section 69, after ‘imprisonment’—
insert—
or detention
(2) Section 69(1)—
insert—
(h) section 64(1)(b) or (d) applies to the elector.
32 Amendment of s 106 (Definitions for part)
Section 106—
insert—
restricted donation means a gift or loan that—
(a) is made by a prohibited donor to a political
party; and
(b) is accompanied by a restricted donation
statement.
1
2
3
4
5
6
7
8
9
10
Clause 11
12
13
14
15
16
17
18
Clause 19
20
21
22
23
24
25
26
Page 22
Authorised by the Parliamentary Counsel
[s 33]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
33 Amendment of s 113A (Meaning of political donation)
Section 113A(1)(a)(i), after ‘party’—
insert—
, other than a restricted donation
34 Insertion of new s 113AB
After section 113A—
insert—
113AB Meaning of restricted donation statement
(1) A restricted donation statement about a gift or
loan is a statement about the gift or loan that
complies with this section.
(2) A restricted donation statement about a gift or
loan must—
(a) be in writing; and
(b) be made by the donor of the gift or loan; and
(c) state the relevant particulars of the entity
that is the donor of the gift or loan; and
(d) state that the gift or loan is made with the
intention that it is not used for an electoral
purpose; and
(e) be given to the recipient when the gift or
loan is made.
(3) In this section—
relevant particulars, of an entity, see the
Electoral Act 1992, section 197.
35 Insertion of new s 113BA
After section 113B—
insert—
Clause 1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Clause 26
27
28
Page 23
Authorised by the Parliamentary Counsel
[s 36]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
113BA Use of restricted donations
It is unlawful for a person to use a restricted
donation made by a prohibited donor for an
electoral purpose.
36 Amendment of s 113C (Recovery of prohibited donations)
(1) Section 113C, heading, after ‘prohibited donations’—
insert—
and amounts used unlawfully
(2) Section 113C—
insert—
(1A) If 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.
37 Amendment of s 113D (Making of determination that
entity is not a prohibited donor)
Section 113D(4)—
insert—
Note—
For the right to appeal against the decision, see section
113G.
38 Amendment of s 113E (Revocation of determination)
Section 113E(2)—
insert—
Note—
For the right to appeal against the decision, see section
113G.
1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
Clause 15
16
17
18
19
20
21
Clause 22
23
24
25
26
27
Page 24
Authorised by the Parliamentary Counsel
[s 39]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
39 Amendment of s 113G (Review of decisions)
Section 113G, ‘section 277(4)(b) or 278(2)’—
omit, insert—
section 374
40 Amendment of s 127AA (Requirement for registered
political party to operate dedicated account)
(1) Section 127AA—
insert—
(4A) A restricted donation received by the political
party must not be paid into the account.
(2) Section 127AA(6), ‘subsection (5)’—
omit, insert—
subsection (6)
(3) Section 127AA(7), ‘subsections (2) to (6)’—
omit, insert—
subsections (2) to (7)
(4) Section 127AA(7), penalty, ‘subsection (7)’—
omit, insert—
subsection (8)
(5) Section 127AA(4A) to (7)—
renumber as section 127AA(5) to (8).
41 Amendment of s 194A (Offence about prohibited
donations)
Section 194A(1), from ‘section 113B’ to ‘unlawful under that
section’—
omit, insert—
section 113B or 113BA if the person knows or
Clause 1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Clause 22
23
24
25
26
27
Page 25
Authorised by the Parliamentary Counsel
[s 42]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
ought reasonably to know of the facts that result
in the act or omission being unlawful under either
of those sections.
42 Amendment of s 205 (Persons serving a sentence of
imprisonment)
(1) Section 205, heading, after ‘imprisonment’—
insert—
or detention
(2) Section 205, after ‘imprisonment’—
insert—
or detention
(3) Section 205—
insert—
(2) Also, for this Act, 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.
43 Insertion of new pt 11, div 7
Part 11—
insert—
Division 7 Transitional provisions for
Electoral Laws (Restoring
Electoral Fairness)
Amendment Act 2025
238 Definitions for division
In this division—
amending Act means the Electoral Laws
1
2
3
Clause 4
5
6
7
8
9
10
11
12
13
14
15
16
17
Clause 18
19
20
21
22
23
24
25
26
27
Page 26
Authorised by the Parliamentary Counsel
[s 43]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 3 Amendment of Local Government Electoral Act 2011
(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.
239 Prisoner voting in particular elections
Despite the amending Act, former sections 17, 19,
64 and 69 continue to apply to a person in relation
to an election for which public notice was given
under section 25(1) before the commencement.
240 Recovery of particular donations
(1) This section applies in relation to a political
donation that was unlawfully accepted under
former section 113B before the commencement.
(2) Former section 113C continues to apply in
relation to the person who accepted the donation,
as if section 41 of the amending Act had not
commenced.
(3) For the purpose of this section, former part 6,
division 1A continues to apply as if the
amendments of that division made by the
amending Act had not commenced.
241 Proceedings for particular offences
(1) This section applies in relation to an offence
against former section 194A or 194B committed
by a person before the commencement.
(2) Without limiting the Acts Interpretation Act 1954,
section 20, a proceeding for the offence may be
continued or started, and the person may be
convicted of and punished for the offence, as if
the amending Act had not commenced.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 27
Authorised by the Parliamentary Counsel
[s 44]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 4 Amendment of Referendums Act 1997
(3) Subsection (2) applies despite the Criminal Code,
section 11.
44 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
restricted donation, for part 6, see section 106.
restricted donation statement see section 113AB.
Part 4 Amendment of Referendums
Act 1997
45 Act amended
This part amends the Referendums Act 1997.
46 Amendment of s 21 (Who may vote)
(1) Section 21(2), ‘A person’—
omit, insert—
Also, a person
(2) Section 21(3), ‘Also,’—
omit, insert—
However,
(3) Section 21(3) and (4), after ‘imprisonment’—
insert—
or detention
(4) Section 21(3), ‘3 years’—
omit, insert—
1 year
1
2
Clause 3
4
5
6
7
8
9
Clause 10
11
Clause 12
13
14
15
16
17
18
19
20
21
22
23
24
Page 28
Authorised by the Parliamentary Counsel
[s 46]
Electoral Laws (Restoring Electoral Fairness) Amendment Bill 2025
Part 4 Amendment of Referendums Act 1997
(5) Section 21(3)—
relocate and renumber as section 21(1A).
(6) Section 21(1A) and (2)—
renumber as section 21(2) and (3).
(7) Section 21(4), ‘subsection (3)’—
omit, insert—
subsection (2)
(8) Section 21—
insert—
(4A) 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.
(9) Section 21(5)—
omit, insert—
(5) To enable the commission to decide the persons
who are not entitled to vote because of subsection
(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 a 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32