Electoral Legislation Amendment Bill 2018 Introduced to Victoria Parliament

Friday 11 May 2018 @ 11.30 a.m. | Judiciary, Legal Profession & Procedure | Legal Research

On 8 May 2018, the Electoral Legislation Amendment Bill 2018 (Vic) (the “Bill”) was introduced by the Hon Martin Pakula MP, to the Victorian Parliament. The Bill is currently before the Legislative Assembly, where it is awaiting further discussion.

The Bill proposes to make amendments to the:

  • Electoral Act 2002 (Vic); and
  • Public Administration Act 2004 (Vic).

Outline of the Bill

Some of the key reforms and proposed substantive amendments to the Electoral Act 2002 are outlined in the Bill’s Compatibility Statement. The proposed amendments are intended to:

  • make Victoria's electoral system clearer and more efficient; and
  • enhance the integrity of the Victorian electoral system by introducing a political donations disclosure and reporting scheme, and increase public funding available to political parties and candidates to limit the influence of private donations in the political process.

The Bill’s Explanatory Memorandum (the "EM") indicates that amendments to s 99 of the Public Administration Act 2004 are:

“… to provide for a minimum number of Parliamentary advisers that will be provided to a non-Government party, or independent elected member, represented in the Parliament of Victoria …”

Minister's Introduction

In the Minister’s Second Reading Speech of 10 May 2018 (Hansard), the Minister indicated that the proposed legislation:

“… will be one of the most significant reforms of the Electoral Act 2002 (the Act) since its enactment. In addition to making Victoria's electoral system clearer and more efficient and accessible, the Bill gives Victoria a robust political donations and disclosure scheme that we can be proud of … This Bill introduces some of the strictest and most transparent political donation laws in Australia. The reforms enhance the integrity of the Victorian electoral system by introducing a political donations disclosure and reporting scheme, caps on political donations, a ban on foreign donations, and stronger penalties for infringing the law, in order to limit any improper influence of private donations in the political process …”

In concluding, the Minister also noted (Hansard, 10 May 2018):

 “…The Electoral Act is fundamental to the operation of democracy in Victoria. The Bill makes significant improvements to current electoral processes to ensure that elections continue to be efficiently conducted … The Bill also marks a new era of transparency and accountability. The political donations and reporting scheme in the Bill is founded firmly on the belief that the integrity of the electoral system can be preserved if the public is made aware of the sources of private donations …”

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Sources:

Electoral Legislation Amendment Bill 2018 (Vic) – Bill and supporting information available from TimeBase's LawOne Service.

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