An Act to amend the Electoral Act 1992, the Local Government Electoral Act 2011, the Referendums Act 1997 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Electoral Laws (Restoring Electoral Fairness) Amendment Act 2025.
(1)The following provisions of this Act commence on a day to be fixed by proclamation—(a)sections 4 to 7;(b)section 23 to the extent it inserts new section 452;(c)sections 26 to 31;(d)section 42;(e)section 43 to the extent it inserts new section 239;(f)part 4.(2)The remaining provisions of this Act commence on the day that is 28 days after the date of assent.
Part 2 Amendment of Electoral Act 1992
This part amends the Electoral Act 1992.
4Amendment of s 58 (Commission to keep electoral rolls)
(1)Section 58(8)—
omit, insert—(8)To enable the commission to decide the persons who are not entitled to vote because of section 106(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 the 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.(2)Section 58(9), ‘(corrective services)’—
omit.
5Amendment of s 64 (Entitlement to enrolment)
Section 64, after ‘imprisonment’—
insert—or detention
6Amendment of s 106 (Who may vote)
(1)Section 106(2), ‘A person’
omit, insert—Also, a person
(2)Section 106(3), ‘Also,’—
omit, insert—However,
(3)Section 106(3) and (4), after ‘imprisonment’—
insert—or detention
(4)Section 106(3), ‘3 years’—
omit, insert—1 year
(5)Section 106(3)—
relocate and renumber as section 106(1A).(6)Section 106(1A) and (2)—
renumber as section 106(2) and (3).(7)Section 106(4), ‘subsection (3)’—
omit, insert—subsection (2)
(8)Section 106—
insert—(5)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.
7Amendment of s 115 (Who must make a declaration vote)
Section 115(f), after ‘imprisonment’—
insert—or detention
8Omission of pt 9 (Commission oversight of preselection ballots)
Part 9—
omit.
Before section 181—
insert—In this division—address includes—(a)a post office box; and(b)a form of address prescribed by regulation.authorisation period means—(a)for an ordinary general election, the period—(i)beginning on the day that is 1 year before the polling day for the election; and(ii)ending at 6p.m. on the polling day for the election; or(b)for any other election, the period—(i)beginning on the day after the writ for the election is issued; and(ii)ending at 6p.m. on the polling day for the election.
10Amendment of s 181 (Author of election matter must be named)
(1)Section 181(1), ‘election period’—
omit, insert—authorisation period
(2)Section 181(2), ‘(other than a post office box)’—
omit.
11Amendment of s 182 (Distribution of how-to-vote cards)
(1)Section 182(1), ‘election period’—
omit, insert—authorisation period
(2)Section 182(3)—
omit.(3)Section 182(5), ‘election period’—
omit, insert—authorisation period
(4)Section 182(4) to (6)—
renumber as section 182(3) to (5).
12Amendment of s 197 (Definitions)
(1)Section 197, definitions political donation and prohibited donor—
omit.(2)Section 197—
insert—political donation see section 250.(3)Section 197, definition loan, ‘a financial institution or’—
omit.
13Amendment of s 216 (Payments into State campaign account)
(1)Section 216(2)(d), ‘(other than an amount given to the spouse by a prohibited donor)’—
omit.(2)Section 216(4), definition prohibited donor—
omit.
14Replacement of s 247 (Meaning of donation cap period)
Section 247—
omit, insert—247Meaning of donation cap period
The donation cap period, for a registered political party or candidate in an election, is each financial year.
15Amendment of s 253 (Adjustment of donation cap)
(1)Section 253(1), ‘30 days after the polling day for each general election (the recent general election)’—
omit, insert—on 1 July each year
(2)Section 253(1)(a), after ‘subsection (2)’—
insert—rounded up to the nearest dollar
(3)Section 253(2), definition B, ‘that ended before the polling day for the recent general election’—
omit, insert—for which such a number was published before the end of the previous financial year
(4)Section 253(2), definition C, ‘that ended before the polling day for the previous general election’—
omit, insert—for which such a number was published before the end of the financial year immediately before the previous financial year
(5)Section 253(3), ‘as soon as practicable after the amount is adjusted under this section’—
omit, insert—before the start of each financial year
(6)Section 253(4), definition previous general election—
omit.
16Amendment of s 255 (Caps on political donations made to candidates)
Section 255, after ‘during a donation cap period for’—
insert—a candidate in
17Omission of pt 11, div 8, sdiv 4 (Political donations from property developers)
Part 11, division 8, subdivision 4—
omit.
18Omission of s 307A (Offence about prohibited donations)
Section 307A—
omit.
19Amendment of s 307B (Schemes to circumvent prohibition on particular political donations or electoral expenditure)
(1)Section 307B, heading, ‘particular’—
omit.(2)Section 307B(1), from ‘to circumvent’ to ‘expenditure’—
omit, insert—to circumvent an offence against this part related to making or accepting political donations or incurring electoral expenditure
20Omission of s 307C (False or misleading information relating to determinations)
Section 307C—
omit.
21Amendment of s 374 (Right of appeal)
Section 374, note—
omit, insert—Information notices are given under sections 351 and 355. See also the Local Government Electoral Act 2011, sections 113D(4) and 113E(2).
22Amendment of s 385 (Particular offences under this part are summary)
Section 385(1), ‘sections 307A to 307C’—
omit, insert—section 307B
23Insertion of new pt 13, div 13
Part 13—
insert—Division 13 Transitional provisions for Electoral Laws (Restoring Electoral Fairness) Amendment Act 2025
In this division—amending Act means the Electoral Laws (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.new, for a provision of this Act, means the provision as in force from the commencement.452Prisoner voting in particular elections
Despite the amending Act, former sections 64, 106 and 115 continue to apply to a person in relation to an election for which the writ was issued before the commencement.453Election matter etc. for particular elections
Despite the amending Act, former sections 181 and 182 continue to apply in relation to election matter and how-to-vote cards for an election for which the election period started before the commencement.454Existing 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.455Current 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(b)former section 173 applies in relation to a report given to the Minister identifying the preselection ballot.456Transitional 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 2025.457Proceedings 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.(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 11.458Recovery 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.(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.
24Amendment of sch 1 (Dictionary)
(1)Schedule 1, definitions political donation and prohibited donor—
omit.(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
This part amends the Local Government Electoral Act 2011.
Before section 17—
insert—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.
27Amendment of s 17 (Returning officer must compile voters roll)
(1)Section 17(1), ‘entitled’—
omit, insert—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).
After section 17—
insert—17AInformation 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 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.
29Amendment of s 19 (Requirements of voters roll)
Section 19(1)(a), ‘entitled’—
omit, insert—enrolled
30Replacement of s 64 (Who may vote)
Section 64—
omit, insert—(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 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.
31Amendment 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.
32Amendment 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.
33Amendment of s 113A (Meaning of political donation)
Section 113A(1)(a)(i), after ‘party’—
insert—, other than a restricted donation
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.
After section 113B—
insert—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.
36Amendment 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.
37Amendment of s 113D (Making of determination that entity is not a prohibited donor)
Section 113D(4)—
insert—For the right to appeal against the decision, see section 113G.
38Amendment of s 113E (Revocation of determination)
Section 113E(2)—
insert—For the right to appeal against the decision, see section 113G.
39Amendment of s 113G (Review of decisions)
Section 113G, ‘section 277(4)(b) or 278(2)’—
omit, insert—section 374
40Amendment 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).
41Amendment 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 ought reasonably to know of the facts that result in the act or omission being unlawful under either of those sections.
42Amendment 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.
43Insertion of new pt 11, div 7
Part 11—
insert—Division 7 Transitional provisions for Electoral Laws (Restoring Electoral Fairness) Amendment Act 2025
In this division—amending Act means the Electoral Laws (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.239Prisoner 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.240Recovery 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.241Proceedings 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.(3)Subsection (2) applies despite the Criminal Code, section 11.
44Amendment 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
This part amends the Referendums Act 1997.
46Amendment 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
(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.(10)Section 21(6) and (7), ‘(corrective services)’—
omit.(11)Section 21(7), ‘Subsection (6)’—
omit, insert—Subsection (7)
(12)Section 21(4A) to (7)—
renumber as section 21(5) to (8).
47Amendment of s 26 (Who must make a declaration vote)
Section 26(f), after ‘imprisonment’—
insert—or detention
48Insertion of new pt 9, div 3
Part 9—
insert—Division 3 Transitional provision for Electoral Laws (Restoring Electoral Fairness) Amendment Act 2025
103Voting in particular referendums
(1)Despite the amending Act, former sections 21 and 26 continue to apply to a person in relation to a referendum for which the writ was issued before the commencement.(2)In this section—amending Act means the Electoral Laws (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.
Schedule 1 amends the legislation it mentions.
1Schedule 1, part 1, under heading ‘Electoral Act’, entry for 307B(1), column 2, ‘particular’—
omit.
2Schedule 1, part 2, under heading ‘Electoral Act’, entries for 307A(1) and 307C(1)—
omit.
omit.
omit.
1Schedule 1, part 1, under heading ‘Electoral Act’, entry for 307B(1), column 2, ‘particular’—
omit.
2Schedule 1, part 2, under heading ‘Electoral Act’, entries for 307A(1) and 307C(1)—
omit.
© State of Queensland 2025