Electoral Legislation Amendment (Fair and Transparent Elections) Bill 2024 (No. 2)

High-Level Summary
The Electoral Legislation Amendment (Fair and Transparent Elections) Bill 2024 aims to improve transparency, reduce financial influence, and level the playing field in Australian elections. It proposes measures such as lowering the donation disclosure threshold, prohibiting misleading political advertising, and introducing donation caps.

Summary

The bill amends the Commonwealth Electoral Act 1918 and related legislation to achieve its objectives through three main pillars: improving transparency, reducing financial influence, and leveling the playing field. Key measures include:

  • Lowering the donation disclosure threshold from $16,300 to $1,000 and requiring real-time disclosure within seven days when this threshold is exceeded.
  • Prohibiting misleading or deceptive electoral matter, aligned with the Commonwealth Electoral Amendment (Stop the Lies) Bill 2022.
  • Broadening the definition of a gift to cover all monetary and in-kind payments, ensuring dark money is disclosed.
  • Introducing a major-donor donation cap and prohibiting donations from industries causing social harm, such as tobacco and fossil fuels, as well as substantial government contractors.
  • Restricting government advertising from two years after an election until the next election, and ensuring the independence of the postal vote process.
  • Establishing an independent campaign entity to give registered independent candidates the same treatment as political parties.
  • Increasing the number of senators for the Australian Capital Territory and Northern Territory to half the number of senators for a state, with three senators elected at each federal election for six-year terms.

From the explanatory memo:

The reforms aim to rebuild trust in the political system by ensuring decisions are made in the country's interests, not for vested interests, and by allowing new challengers to communicate alternative ideas to voters.


Argument For
Normative Bases
  1. Pro-Democracy
  2. Intellectualism
  3. Non-Discrimination

The bill should be supported because it strengthens democratic processes by promoting transparency and reducing the undue influence of wealthy individuals and entities in elections. Lowering the donation disclosure threshold and requiring real-time disclosures enhance the public's ability to scrutinize the sources of political funding, thereby fostering informed voting decisions. Prohibiting misleading political advertising protects the integrity of electoral discourse and ensures that voters can trust the information they receive [Judgment]. Furthermore, by increasing representation for the Australian Capital Territory and Northern Territory, the bill supports fairer political representation and equality among the states and territories.


Argument Against
Normative Bases
  1. Propertarianism
  2. Value-Neutral / Epistemic Objection

The bill should be opposed because it may impose excessive restrictions on political expression and campaign financing, potentially infringing on the rights of individuals and groups to support candidates and parties of their choice. Lowering the donation disclosure threshold and implementing donation caps could discourage political participation by creating burdensome reporting requirements and limiting the ability of donors to contribute freely. Moreover, the prohibition of donations from specific industries could be viewed as a selective limitation on political speech, undermining the principle of free and open debate [Judgment].


Date:

2024-03-25

Status:

Before Senate

Sponsor:

POCOCK, Sen David; LAMBIE, Sen Jacqui; THORPE, Sen Lidia; WATERS, Sen Larissa

Portfolio:

Unspecified

Categories:

Democratic Institutions, Civics, Discrimination / Human Rights

Timeline:
25/03/2024
04/07/2024

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