Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill 2022
Plain English Summary
Overview
This bill introduces spending caps for Queensland local government elections, limiting how much candidates, political parties and third parties can spend on campaigning. It was prompted by the Crime and Corruption Commission's Operation Belcarra findings about uneven financial competition in council elections and implements recommendations from a parliamentary committee inquiry.
Who it affects
Council election candidates, political parties fielding local government candidates, and community groups or individuals who campaign during council elections are most directly affected. Voters benefit from a more level electoral playing field.
Key changes
- Spending caps for council candidates on a sliding scale: councillor candidates capped between $15,000 and $30,000 (or $55,000 in Brisbane), mayoral candidates between $30,000 and $1.3 million depending on area size
- Third parties limited to $6,000 in campaign spending unless they register with the Electoral Commission of Queensland, with registered third parties receiving higher caps
- Political parties and groups of candidates can pool individual caps of their endorsed or member candidates within a local government area
- New requirements for dedicated bank accounts, appointment of agents, detailed record keeping for five years, and expenditure returns by candidates, parties, third parties, broadcasters and publishers
- Penalties of up to 1,500 penalty units or 10 years imprisonment for breaching caps, plus recovery of twice the unlawful spending as a debt to the State, and potential disqualification from holding council office
Bill Journey
▸Committee1 Dec 2022View Hansard
Referred to State Development and Regional Industries Committee
The State Development and Regional Industries Committee examined the bill and found unanimous support amongst inquiry participants for the introduction of expenditure caps for Queensland local government elections. The committee recommended the bill be passed, while also making three additional recommendations covering training for councillors and candidates, a post-election review of the scheme, and ensuring independent candidates are not prevented from holding fundraising activities. The Queensland Government supported or noted all four recommendations.
Key findings (5)
- There was unanimous support amongst inquiry participants for the introduction of an electoral expenditure caps scheme in Queensland.
- The Local Government Association of Queensland urged the government to ensure expenditure caps were workable and that safeguards were built in to mitigate unintended consequences or loopholes.
- The Queensland Law Society supported the introduction of local government electoral expenditure caps consistent with the approach taken for state government elections.
- Community groups such as Redlands2030 and the Peregian Beach Community Association supported the bill's objectives of improving equitable participation in local government elections.
- The committee was satisfied that any potential breaches to fundamental legislative principles were appropriate and sufficiently justified.
Recommendations (4)
- The committee recommends the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill 2022 be passed.
- That the Minister include training on electoral expenditure caps in the training and professional development requirements for councillors and local government candidates.
- That the Department of State Development, Infrastructure, Local Government and Planning consider conducting a review of the electoral expenditure caps scheme within 12 months of the 2024 local government elections, and that the key findings of the review be published.
- That the Queensland Government consider future legislative amendments to ensure that independent candidates in local government elections are not lawfully prevented from holding fundraising activities.
Committee report tabled
Assent date: 30 June 2022