Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019
Plain English Summary
Overview
This bill reforms Queensland's electoral and integrity laws to reduce the influence of money in politics and strengthen accountability for elected officials. It caps political donations and election spending, restricts signage at polling booths, creates new criminal offences for Ministers and councillors who dishonestly hide conflicts of interest, and establishes a statutory framework for political staff (councillor advisors) in local government.
Who it affects
Political parties, candidates, and donors face new caps on how much they can give and spend. Ministers and local government councillors face tougher integrity rules with criminal penalties for dishonest conduct. Voters benefit from greater transparency and fairer elections.
Donation and expenditure caps for state elections
Caps how much any one person or organisation can donate to a political party ($4,000), candidate ($6,000), or third party ($4,000) during a donation period. Also caps how much parties and candidates can spend on election campaigning. To compensate, public election funding doubles to $6.00 per first preference vote for parties and policy development payments increase to $6 million per year, with independent members now eligible.
- Donation caps of $4,000 to parties, $6,000 to candidates, and $4,000 to third parties per donation period
- Electoral expenditure caps of $92,000 per electorate for parties, $58,000 for endorsed candidates, and $87,000 for independents
- Public election funding doubled to $6.00 per first preference vote for parties and $3.00 for candidates
- Third parties spending over $1,000 must register with the Electoral Commission Queensland
- Schemes to circumvent donation or expenditure caps carry penalties of up to 1,500 penalty units or 10 years imprisonment
Election signage restrictions
Limits election signs within 100 metres of polling booths and pre-poll voting offices to a maximum of two signs per candidate (or endorsing party), each no larger than 900mm by 600mm. Prohibits setting up election material near polling booths before 6am on polling day.
- Maximum two election signs per candidate within 100 metres of polling booths during voting hours
- Signs must be no larger than 900mm by 600mm and accompanied by a responsible person
- Signs cannot be attached to buildings, fences, or permanent structures
- Penalty of 10 penalty units for breaching signage restrictions
New offences for ministerial dishonesty
Creates criminal offences for Ministers who knowingly fail to disclose conflicts of interest or intentionally fail to comply with register of interests requirements, where done with dishonest intent to benefit themselves or cause detriment to others. Implements recommendations from the Crime and Corruption Commission.
- New criminal offence for Ministers who dishonestly fail to disclose conflicts of interest (up to 200 penalty units or 2 years imprisonment)
- New criminal offence for Ministers who intentionally fail to register interests (up to 200 penalty units or 2 years imprisonment)
- Prosecution requires consent of the Director of Public Prosecutions
- Conviction and sentence of more than one year imprisonment results in loss of parliamentary seat
Local government integrity reforms
Overhauls how councillors manage conflicts of interest with two new categories: prescribed conflicts (where a councillor must not participate) and declarable conflicts (where other councillors decide if participation is appropriate). Creates a new dishonest conduct offence for councillors and councillor advisors. Establishes a statutory framework for councillor advisors at Brisbane City Council and prescribed larger councils.
- New dishonest conduct offence for councillors carries up to 200 penalty units or 2 years imprisonment and automatic 7-year disqualification
- Conflict of interest framework restructured into prescribed conflicts (automatic exclusion) and declarable conflicts (assessed by peers)
- Councillor advisors (political staff) brought under a statutory framework with codes of conduct and criminal penalties
- Councillor register of interests requirements strengthened to align with state MPs
- Council vacancies in the first 36 months of a term must be filled by by-election or appointment of runner-up candidates
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Nov 2019View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined this wide-ranging bill over approximately ten weeks, receiving 68 submissions and 14 additional submissions on a CCC reform proposal, and holding a public hearing with 26 stakeholder organisations and academic experts. The committee recommended the bill be passed, while also recommending that the Attorney-General address concerns from small not-for-profit organisations about the regulatory burden of the donation and expenditure cap schemes. The Queensland Government accepted both recommendations and committed to moving amendments during consideration in detail to reduce compliance requirements for third parties. LNP members filed a Statement of Reservation expressing concerns about the potential advantage the expenditure caps would give to trade union-affiliated parties.
Key findings (5)
- Stakeholders broadly supported the bill's aims of capping political donations and electoral expenditure, increasing public election funding, limiting signage at polling locations, and strengthening integrity offences for Ministers and councillors.
- Small not-for-profit and community organisations raised significant concerns about the regulatory burden the donation and expenditure cap schemes would impose on third parties engaged in advocacy.
- The Crime and Corruption Commission was consulted on the ministerial dishonest conduct offences and proposed an alternative reform model for serious conduct offences, which the committee considered separately.
- The Local Government Association of Queensland commended the consultation process on local government reforms, while the Human Rights Law Centre described consultation on the electoral funding amendments as inadequate.
- The committee noted the bill's reforms were consistent with an increasing trend across Australian jurisdictions to more closely regulate election financing and reduce the potential for undue influence of private funds.
Recommendations (2)
- The committee recommends the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 be passed.
- The committee recommends the Attorney-General and Minister for Justice consider amending the Bill to address the concerns of small, not-for-profit third party organisations regarding the regulatory burden of the political donation and electoral expenditure cap schemes, such as by increasing the threshold for third party registration.
Committee report tabled
▸Second Reading17 June 2020View Hansard
That the bill be now read a second time
Vote on whether to advance the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill to consideration in detail, after extensive debate on donation caps, expenditure limits, signage restrictions and integrity offences for ministers
The motion passed.
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Ayes (47)
Noes (42)
Vote on a motion
Procedural motion (context unclear from this section, but defeated 34-45 suggesting an LNP motion opposed by the government during the debate on the Electoral and Other Legislation bill).
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (34)
Noes (45)
▸38 members spoke19 support17 oppose2 mixed
Supported the bill's electoral reforms including donation and expenditure caps, signage restrictions and local government integrity measures, arguing they will create a more equitable playing field and enhance public confidence in the electoral system.
“Our government is also taking additional precautions in relation to COVID-19 in the upcoming state election in October.”— 2020-06-18View Hansard
As Attorney-General, moved the second reading and outlined the bill's provisions for donation and expenditure caps, ministerial integrity offences, election signage reforms, and COVID-safe election measures, describing the bill as historic and nation-leading.
“My hope is that it will lead to politics being a battle of ideas rather than a battle of bank balances.”— 2020-06-17View Hansard
Opposed the bill, arguing the integrity provisions exist only because the Premier lacked authority to enforce the Ministerial Code of Conduct against the former deputy premier, and that the bill fails to implement the CCC's recommendations.
“The Premier of this state lacked the authority to take action against her former deputy premier. Because of that, here we are today having to legislate for integrity and morality.”— 2020-06-18View Hansard
As shadow Attorney-General, announced the LNP would oppose the bill, arguing expenditure caps unfairly advantage Labor through affiliated trade unions who can spend as third parties, that 229 amendments over 100 pages dumped overnight bypassed proper scrutiny, and that increased public funding amounts to taxpayers paying for Labor campaigns.
“The opposition strongly believes that the answers suggested by the government in this bill unfairly and unjustifiably skew the electoral system in its favour.”— 2020-06-17View Hansard
Strongly supported the electoral reform measures to stop the campaign funding arms race, defended her personal conduct regarding the property declaration matter, and argued the Attorney-General had presented a fair balance on the integrity provisions.
“I want to place on record my very strong support for the electoral reform measures which seek to stop the campaign funding and expenditure arms race. These are important measures for our democracy.”— 2020-06-18View Hansard
As Local Government Minister, spoke in support focusing on chapter 5's local government integrity reforms including new councillor dishonest conduct offences, conflict of interest categories, and councillor adviser frameworks, describing the reforms as continuing the government's rolling reform agenda.
“I absolutely reject the suggestion that this is an attack on Queensland democracy; it is an enhancement.”— 2020-06-17View Hansard
As Leader of the Opposition, declared the LNP cannot support the bill, arguing it makes a mockery of the CCC's recommendations, rigs the electoral system in Labor's favour, and fails to strengthen anti-corruption laws. Noted the LNP does not oppose the local government changes.
“The LNP cannot support this bill. This bill makes a mockery of the CCC's attempt to restore integrity to the Queensland government.”— 2020-06-18View Hansard
Opposed the bill as poll-driven legislation designed to enhance Labor's electoral prospects, arguing the expenditure caps allow 26 trade unions to each spend up to $87,000 per electorate while limiting business community donations, and that increased public funding forces taxpayers to pay for political campaigns.
“This piece of government legislation is very much about increasing the power of the union backed Labor candidates at the upcoming election in October.”— 2020-06-17View Hansard
Supported the bill's reforms to enhance electoral integrity and accountability, praised the government's responsiveness to concerns from small third parties and not-for-profit organisations, and welcomed election signage reforms.
“The bill before us contains some fundamental reforms that enhance integrity and public accountability for our state electoral processes.”— 2020-06-18View Hansard
Supported the bill as committee chair, arguing it is an investment in building mutual Queensland trust and that the amendments reflect feedback received from 68 submissions during the committee process, including addressing concerns of small not-for-profit organisations.
“It is really important that we have a level playing field for electoral campaigning to ensure that the person who puts forward their name has a reasonable chance and is not drowned out by a flood of dollars.”— 2020-06-17View Hansard
Opposed the bill, focusing on local government provisions. Criticised the delayed timing meaning councillors must retrain, objected to government dictating councillor adviser numbers at Brisbane City Council, and argued the runner-up provision for filling mayoral vacancies is undemocratic.
“What if the departing mayor won with 80 per cent of the vote and the next two candidates had 11 per cent and nine per cent? How could appointing a runner-up be a reflection of the electorate's wishes in those circumstances?”— 2020-06-18View Hansard
As a committee member, supported the LNP position to oppose the bill overall due to the unfair advantage donation and expenditure caps give to Labor through affiliated trade unions, but voiced support for the local government integrity changes originating from the Belcarra report.
“Although these laws have been brought before us under the guise of enhancing integrity and restoring faith in our system, what they actually do is undermine our democracy here in Queensland.”— 2020-06-17View Hansard
Supported the bill as restoring trust in the political system, arguing donation and expenditure caps remove money from politics and level the playing field. Drew on her experience of corruption in the former Ipswich City Council.
“No longer will candidates with the fattest wallets be allowed to use their wealth to unfairly drown out their opponents, and no longer will donors from the top end of town have undue influence over candidates and parties.”— 2020-06-18View Hansard
Supported the bill as a committee member, emphasising the importance of integrity and accountability at both state and local government level and the positive voter experience resulting from signage reforms.
“In terms of the electoral expenditure caps, it is levelling the playing field. It is making it fair. It is making sure that we do not platform one particular voice over another.”— 2020-06-17View Hansard
Opposed the bill, arguing the 229 amendments rendered the committee process meaningless, that the bill is designed to give Labor a significant electoral advantage, and that the government has no regard for the committee system.
“This bill is now subject to 229 amendments—229 amendments. That must be close to a record, even for this government.”— 2020-06-18View Hansard
Supported the local government changes aligned with the Belcarra report but opposed the state electoral reforms as ideologically driven Labor pursuits, criticising the watered-down ministerial integrity offences as reducing a serious crime to a misdemeanour.
“A reduction in penalty does not take a stance on reducing corruption for public office holders; it turns a serious crime into a slap on the wrist.”— 2020-06-17View Hansard
As Premier, supported the bill as containing fundamental changes to enhance electoral integrity and public accountability, including donation and expenditure caps, signage restrictions, new criminal offences for ministerial dishonesty, and local government conflict of interest reforms.
“Queensland's democracy should not be for sale, and that is why we are introducing caps on political donations. This will limit improper influence by political donors in the shaping of public policy.”— 2020-06-18View Hansard
Supported the bill as continuing Labor's proud history of integrity reform, including restoring donation thresholds, real-time disclosure, and banning property developer donations, describing the bill as taking big money out of politics.
“The people's voice should not be drowned out by the loudest or the richest voices in our community. That is not democracy.”— 2020-06-17View Hansard
Opposed the bill, arguing the Electoral Act is becoming Labor's 'financial gerrymander', that unions can saturate marginal seats while the LNP is restricted, and that the runner-up provision for filling mayoral vacancies is anti-democratic.
“The Electoral Act is the Labor Party's financial gerrymander in Queensland. The fact that we will be able to have campaigns in marginal seats where there could be potentially millions spent by Labor and the unions and nowhere near that permitted to be spent by the LNP and their supporters simply shows that the system is being changed yet again to suit the Labor Party.”— 2020-06-18View Hansard
Opposed the bill on the basis that 100+ pages of amendments dumped the night before debate trashed the committee system and denied the public the right to comment on changes to the electoral process, arguing the bill tilts the playing field in favour of the ALP and unions.
“When the government is making significant amendments to a bill and dumps them on members four months after the report was brought down and the night before the bill is debated, there is something wrong.”— 2020-06-17View Hansard
Opposed the bill as deja vu of Labor rigging the electoral system, criticised the 100 pages of amendments dropped with no notice, argued the integrity provisions do not go as far as the CCC recommended, and attacked the member for South Brisbane over the property declaration matter.
“We are now debating 100 pages of amendments to this bill. The bill was important in and of itself before the 100 pages of amendments. Again, I submit to the House that these types of bills require lengthy debate and consideration.”— 2020-06-18View Hansard
Supported the bill's electoral reforms including donation caps, real-time disclosure, and signage restrictions, highlighting Clive Palmer's $65 million federal election spending as evidence of why expenditure caps are needed.
“We have a genuine reform agenda when it comes to electoral donations. We brought in $1,000 caps to ensure that we do not get huge, hidden donations to single candidates.”— 2020-06-17View Hansard
Supported the bill as ensuring elections cannot be bought and sold, arguing it levels the playing field and keeps democracy clean. Noted the LNP had previously repealed developer donation bans and taken them to the High Court.
“One of the lessons from increasingly ugly elections and electoral politics overseas is that all too often the biggest campaign budget is what wins elections, not necessarily the best ideas, the best vision or the most honest team.”— 2020-06-18View Hansard
Opposed the bill as a hostile takeover of democracy, arguing the expenditure caps allow 26 trade unions to spend over $2.2 million per electorate while restricting business community donations, and criticising the government for watering down the CCC's integrity recommendations.
“Such a politically convenient amendment is further proof of the Palaszczuk state Labor government's trashing of and launching a full assault on our democracy.”— 2020-06-17View Hansard
Opposed the bill, arguing it makes it harder for minor parties to break into politics by constraining fundraising with a $4,000 donation limit, and that the bill is designed to entrench the two major parties while locking out competition.
“If you feel there are interests that need to be represented, you have to go out in competition against them from scratch, which is an enormous undertaking. To do that constrained by a $4,000 donation limit is just nonsense.”— 2020-06-18View Hansard
Supported the bill as strengthening accountability and integrity at state and local government levels, outlining the new conflict of interest categories for councillors and the electoral expenditure caps designed to ensure a level playing field.
“Accountability and integrity are absolutely essential in all that we do. They are at the very heart of our democracy, and Queenslanders must have confidence in each and every one of us as elected representatives.”— 2020-06-17View Hansard
Opposed the bill as an attack on democracy designed to stack the deck in Labor's favour, arguing it silences Labor's critics while empowering union supporters, and that the integrity provisions water down penalties compared to existing Criminal Code offences.
“This bill is about ensuring that Labor ministers who are caught with their hand in the lolly jar, so to speak, are given a talking to instead of a prison sentence.”— 2020-06-18View Hansard
Supported the bill as reflecting long-held Greens policy on donation reform, but criticised the government for introducing 229 amendments overnight bypassing the committee system, and foreshadowed an amendment to reduce the third-party spending cap from $1 million to $200,000 to prevent disproportionate corporate influence.
“For too long, the big end of town has had the run of this state. The fossil fuel lobby, the gambling lobby, the big banks and others get huge returns on these shady investments.”— 2020-06-17View Hansard
Supported the bill's funding and expenditure caps, arguing money should not be an impediment to political participation. Noted 93 per cent of constituents polled supported the signage limitations.
“To be able to step foot in this House, it should be about the battle of ideas and ideology and not the dollars. It should be about what someone stands for and not how many pieces of glossy mail can be stuffed in one letterbox.”— 2020-06-18View Hansard
Supported the bill, outlining the four key amendment areas including donation and expenditure caps, signage restrictions, ministerial integrity offences, and local government conduct reforms as improving the integrity and public accountability of state elections.
“The amendments contained in the bill seek to improve the actual and perceived integrity and public accountability of state elections and to ensure public confidence in state electoral and political processes.”— 2020-06-17View Hansard
Opposed the bill apart from local government changes, arguing the 229 amendments are an affront to good lawmaking, that the integrity offences fail to adopt the CCC's recommendations, and that the CCC chair described the laws as lowering the bar.
“As eloquently stated by the shadow Attorney-General, we oppose Labor's bill apart from the local government changes, which are an improvement on the current integrity framework and stem from the CCC's Operation Belcarra report.”— 2020-06-18View Hansard
Opposed the bill as an attack on democracy that tilts the electoral playing field in Labour's favour through expenditure caps that allow 26 affiliated unions to dominate, while supporting the local government changes originating from the Belcarra report.
“It is clear manipulation by those opposite for their own benefit. It is shameful.”— 2020-06-17View Hansard
Opposed the bill as an unconcealed manipulation of electoral laws to favour Labor, arguing the funding caps skew the system toward union-backed parties, the $23 million in additional public funding is wasteful, and the integrity offences water down existing penalties.
“This bill is an unconcealed manipulation of the electoral laws by the Labor government to hang on to power. Claims that these changes are in the interests of transparency and accountability are dishonest.”— 2020-06-18View Hansard
Supported the bill as continuing the project of ensuring democratic integrity that began with the Fitzgerald inquiry, noting how previous Newman government changes had enabled donors to give up to $12,400 in secret.
“At the heart of our democracy in the western world is the right to continually challenge those who hold or seek to hold absolute power in our society.”— 2020-06-17View Hansard
Supported the bill as creating greater transparency and accountability, arguing the expenditure caps create a level playing field and that the LNP's opposition is inconsistent with its claims about integrity.
“What I do not think that people are appreciative of is that the voice of an aged-care worker, early childhood educator, cleaner, paramedic—the list goes on—can be drowned out by the likes of multimillionaires.”— 2020-06-18View Hansard
Opposed the bill, arguing it allows unions to outspend local candidates 26 to 1 with 104 signs versus six at polling booths, that it corrupts democratic processes, and that the rushed amendments bypass proper scrutiny.
“At the election I will be allowed six signs at a polling booth. My opponent will be allowed six signs. The unions will be allowed 104. That is 104 to six.”— 2020-06-18View Hansard
Opposed the bill as the latest inadequate response to integrity failures under the Labor government, arguing it exists because the Premier is incapable of exercising leadership and enforcing standards. Speech was cut short by the business program.
“This bill exists for one reason. It exists because the Premier is incapable of exercising leadership and enforcing standards.”— 2020-06-18View Hansard
In reply as Attorney-General, defended the bill as nation-leading electoral reform supported by the Centre for Public Integrity and Human Rights Law Centre. Rejected opposition claims about union advantage, noting expenditure caps reduce overall spending. Criticised the LNP for opposing every transparency measure.
“I am very proud to be part of the Palaszczuk Labor government, which from day one has been reforming our electoral laws to bring transparency and integrity. This is another significant step forward.”— 2020-06-18View Hansard
▸In Detail18 June 2020View Hansard
Amendments Nos 2 to 12: Various amendments to definitions in section 2 of the Electoral Act, including new terms introduced by other amendments and ensuring that definitions relevant to the donation caps no longer extend to third parties.
That the amendments be agreed to
Vote on the Attorney-General's amendments Nos 2 to 12, which provided various amendments to definitions in section 2 of the Electoral Act including new terms and ensuring donation cap definitions no longer extend to third parties
The motion passed.
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Amendments Nos 1 and 13 to 228: Bulk government amendments covering electoral expenditure definitions, donation cap provisions, campaign account requirements, signage restrictions at polling booths, local government conflict of interest reforms, councillor adviser statutory framework, mayoral vacancy filling procedures, and commencement provisions.
Amendment No. 229: Amended the long title of the bill to include reference to the Electoral and Other Legislation Amendment Act 2019.
That amendment No. 229 be agreed to
Vote on amendment No. 229 which amended the long title of the bill to include reference to the Electoral and Other Legislation Amendment Act 2019
The motion passed.
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That clause 2 be postponed
Procedural vote to postpone clause 2 (commencement) because the Attorney-General's amendment No. 1 proposed to amend it and related to later amendments
The motion passed.
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That the long title of the bill, as amended, be agreed to
Vote to agree to the amended long title of the bill after amendment No. 229 was passed
The motion passed.
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That the minister’s amendments Nos 1 and 13 to 228, as circulated, be
The motion passed.
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▸3 clause votes (all passed)
Vote on clause 1
Procedural vote on clause 1 (short title) as part of the consideration in detail stage; LNP, KAP, PHON, NQF and Independent opposed all clauses of the bill
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Vote on clause 3
Vote on clause 3 as part of the consideration in detail stage
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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That clauses 2 and 4 to 134 and the schedule, as amended, stand part
Vote on all remaining clauses and the schedule of the bill as amended during consideration in detail
The motion passed.
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▸1 procedural vote
Vote to grant leave
Procedural vote to grant leave for amendments Nos 153 and 162 which were outside the long title of the bill
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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▸Third Reading18 June 2020View Hansard
That the bill, as amended, be now read a third time
Final passage vote on the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill as amended; passed 47-42
The motion passed.