An Act to amend the City of Brisbane Act 2010, the Electoral Act 1992, the Electoral Regulation 2013, the Integrity Act 2009, the Local Government Act 2009, the Local Government Electoral Act 2011, the Parliament of Queensland Act 2001 and the legislation mentioned in schedule 1 in relation to electoral funding and expenditure, and for other particular purposesThe Parliament of Queensland enacts—Chapter 1Preliminary1Short titleThis Act may be cited as the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019.2CommencementThis Act, other than the following provisions, commences on a day to be fixed by proclamation—(a)section 74;(b)section 76;(c)section 78(1) and (3);(d)sections 83 and 84;(e)section 91, to the extent it inserts new part 11 heading and new section 294;(f)section 93(1), (3) and (5);(g)section 94;(h)sections 96 to 99;(i)section 102;(j)section 105;(k)section 120;(l)chapter 5, part 3.
Chapter 2Amendments relating to funding and expenditure for State electionsPart 1Amendment of Electoral Act 19923Act amendedThis part amends the Electoral Act 1992.Note—See also the amendments in chapter 3 and schedule 1.4Amendment of s 2 (Definitions)(1)Section 2, definitions 2013–2014 financial year, disposition of property, journal, political donation, registered, relevant election, source and special reporting period—omit.(2)Section 2—insert—6-month period, for part 11, see section 197.bank account means an account with a financial institution.capped expenditure period, for an election, for part 11, division 9, see section 280.consideration, for part 11, see section 197.convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded.CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.donation cap, for a participant in an election, for part 11, see section 252.donation cap period, for an election participant, for part 11, see section 247.donor statement, for part 11, see section 251.electoral purpose means a purpose that relates to an election.gifted, for an amount of electoral expenditure incurred, for part 11, see section 200B.independent candidate, for an election, for part 11, see section 197.independent member, for a 6-month period, for part 11, division 5, see section 240(2).normal polling day, for a general election, see the Constitution of Queensland 2001, section 19B(1).participant, in an election, for part 11, see section 197.political donation—(a)for part 11 generally—see section 250; or(b)for part 11, division 8, subdivision 4—see section 274.
registered, for a third party in relation to an election, for part 11, see section 197.register of third parties, for part 11, see section 197.source, for part 11—(a)of a gift—see section 205A(1); or(b)of a loan—see section 205A(2).
State campaign account, of a participant in an election, for part 11, see section 215.(3)Section 2, definition candidate, paragraph (b)—omit, insert—(b)for part 11, includes—(i)an elected member; and(ii)an individual, other than an elected member, who has announced, or otherwise publicly indicated, the person’s intention to be a candidate in the election; and(iii)an individual, other than an elected member, who has otherwise indicated the person’s intention to be a candidate in the election, including, for example, by accepting a gift made to the individual for an electoral purpose.
(4)Section 2, definition electoral expenditure, ‘section 197’—omit, insert—section 199(5)Section 2, definition gift threshold amount, ‘, for the amount or value of a gift or loan,’—omit.(6)Section 2, ‘In this Act—’—omit, insert—The dictionary in schedule 1 defines particular words used in this Act.(7)Section 2, all definitions—relocate to schedule 1, as inserted by this Act.5Amendment of s 89 (Deposit to accompany nomination)Section 89(5)(c), ‘6%’—omit, insert—4%6Insertion of new s 91AAfter section 91—insert—91A Withdrawal of endorsement of candidate(1)This section applies if—(a)a registered political party nominates a person as a candidate for an election under section 88(1)(a); and(b)before the election, the party withdraws the party’s endorsement of the person as a candidate for the election.
Note—See section 306A for the requirement for a registered political party to notify the commission about— (a)the party’s endorsement or proposed endorsement of a person as a candidate for an election; or (b)changes to the endorsement or proposed endorsement.
(2)The registered officer of the registered political party must notify the commission, in the approved form, of the withdrawal of the endorsement.Maximum penalty—40 penalty units.(3)If the notification is given to the commission before noon on the cut-off day for the nomination of candidates, the nomination of the person is of no effect.(4)If the notification is given to the commission after noon on the cut-off day for the nomination of candidates, a ballot paper is taken to comply with section 102 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.(5)As soon as practicable after the commission receives the notification, the commission must give the candidate a notice that states—(a)the contents of the notification; and(b)when the commission received the notification; and(c)if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.
7Amendment of s 197 (Definitions)(1)Section 197, definitions 2013–2014 financial year, electoral expenditure, journal, political donation, registered, relevant election, source and special reporting period—omit.(2)Section 197—insert—6-month period means the following periods in a year—(a)1 January to 30 June;(b)1 July to 31 December.
capped expenditure period, for an election, see section 280.consideration means consideration in money or money’s worth.donation cap, for a participant in an election, see section 252.donation cap period, for an election participant, see section 247.donor statement see section 251.electoral expenditure see section 199.gifted, for an amount of electoral expenditure incurred, see section 200B.independent candidate, for an election—(a)means a candidate nominated for the election under section 88(1)(b); and(b)includes a candidate if—(i)the candidate was nominated for the election by a registered political party under section 88(1)(a); and(ii)before the polling day for the election, the party gives the commission notice under section 91A about the withdrawal of the party’s endorsement of the person as a candidate.
independent member, for a 6-month period, see section 240(2).participant, in an election—(a)generally—see section 197A; or(b)for division 6—includes a third party to which division 6 applies.
political donation—(a)generally—see section 250; or(b)for division 8, subdivision 4—see section 274.
registered, for a third party in relation to an election, means the third party is registered for the election under division 12.register of third parties, for an election, means the register kept under section 298(1) for the election.source—(a)of a gift—see section 205A(1); or(b)of a loan—see section 205A(2).
State campaign account, of a participant in an election, see section 215.(3)Section 197, definition disposition of property—relocate to schedule 1, as inserted by this Act.(4)Section 197, definition loan, after ‘other than by’—insert—a financial institution or8Insertion of new s 197AAfter section 197—insert—197A Meaning of participant in an election(1)For this part, each of the following is a participant in an election—(a)a candidate in the election;(b)a registered political party;(c)a registered third party for the election under division 12;(d)a third party that is not registered for the election that incurs electoral expenditure for the election.
(2)Subsection (3) applies if—(a)a person becomes a candidate in an election for subsection (1)(a) because the person indicates the person’s intention to become a candidate in the election by incurring electoral expenditure; orNote—See section 2, definition candidate, paragraph (b)(iii).(b)a third party becomes a third party to which subsection (1)(d) applies for an election by incurring electoral expenditure for the election.
(3)Despite section 281, the person or third party incurs the electoral expenditure when the person or third party enters a transaction to incur the expenditure, regardless of when—(a)the amount of the expenditure is invoiced or paid; or (b)the obligation to pay for the expenditure arises; or(c)the goods or services for which the expenditure is incurred are delivered or provided.
(4)In this part, a reference to an election participant in a provision about an election is a reference to a participant in the election.9Insertion of new s 199After section 198—insert—199 Meaning of electoral expenditure(1)Electoral expenditure means expenditure of a kind mentioned in subsection (2) incurred for, or related to, any of the following purposes—(a)to promote or oppose (directly or indirectly) a political party in relation to an election;(b)to promote or oppose (directly or indirectly) the election of a candidate;(c)to otherwise influence (directly or indirectly) voting at an election.
(2)For subsection (1), the kind of expenditure is—(a)expenditure for designing, producing, printing, broadcasting or publishing an advertisement or other election material, including, for example, an advertisement or material—(i)for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and(ii)for publication in newspapers, magazines, on billboards, or as brochures, flyers, how-to-vote cards or information sheets; and(iii)for distribution in letters; or
(b)expenditure for the direct cost of distributing an advertisement or other election material including, for example, the cost of postage, sending SMS messages or couriers; or(c)expenditure for carrying out an opinion poll or research; or(d)expenditure of another kind prescribed by regulation.
(3)For subsection (2)(a) and (b), it does not matter whether section 181 applies to the advertisement or other election material.(4)However, electoral expenditure does not include—(a)expenditure incurred substantially for or related to the election of—(i)members of the Parliament of another State or the Commonwealth; or(ii)councillors (however described) of a local government of the State or another State; or
(b)expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party, including, for example, a meeting of a branch, division or committee of the party—(i)for an organisational purpose; or(ii)to select a candidate to nominate for election; or
(c)expenditure of a kind prescribed by regulation.
(5)Expenditure incurred by a third party is only electoral expenditure if the dominant purpose for which the expenditure was incurred is a purpose mentioned in subsection (1).(6)Also, electoral expenditure incurred by or for an elected member does not include expenditure of a kind for which the member is entitled to receive an allowance or entitlement.(7)In this section—allowance or entitlement, for an elected member, means—(a)an allowance or entitlement the member is entitled to under the Queensland Independent Remuneration Tribunal Act 2013, section 54; or(b)accommodation, services or other entitlements mentioned in the Queensland Independent Remuneration Tribunal Act 2013 supplied or paid to the member.
expenditure includes a gift in kind.10Amendment of s 200 (Meaning of fundraising contribution)Section 200—insert—(4)A fundraising contribution does not include an amount that relates to the venture or function that is paid under a sponsorship arrangement.11Insertion of new ss 200A and 200BAfter section 200—insert—200A Meaning of (1)A , between a person (the ) and a registered political party, means an arrangement—(a)that establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or(b)that confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with—(i)the party; or(ii)a fundraising or other venture or event; or(iii)a program or event associated with a venture or event mentioned in subparagraph (ii).
(2)It does not matter whether or not the sponsor is entitled, under the arrangement—(a)to be acknowledged as a sponsor; or(b)to advertising or marketing rights; or(c)to supply the sponsor’s goods or services; or(d)to another benefit, including, for example, entry to a particular event or function.
200B Meaning of gifted for electoral expenditure(1)An amount of electoral expenditure incurred by a person is gifted to a participant in an election if—(a)the expenditure benefits the participant; and(b)any of the following applies—(i)the expenditure was incurred with the participant’s authority or consent;(ii)the participant has accepted election material resulting from the expenditure;(iii)another circumstance prescribed by regulation happens in relation to the expenditure; and
(c)the person has received no consideration, or inadequate consideration, from the participant for incurring the expenditure; and(d)the person has not invoiced the participant for payment of the amount.
(2)If an amount of electoral expenditure mentioned in subsection (1) (the total amount) is incurred under an arrangement between 2 or more election participants, the amount gifted to any 1 of the participants is the amount equal to the total amount divided by the number of participants who are parties to the arrangement.12Replacement of s 201 (Meaning of gift)Section 201—omit, insert—201Meaning of gift(1)A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration.(2)Also, a gift includes—(a)an amount of electoral expenditure a person gifted to a participant in an election; and(b)an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party by—(i)if the party is a part of another entity—a federal or interstate branch or division of the other entity; or(ii)a related political party of the party; and
(c)in relation to a loan made by a person to another person—(i)an amount of uncharged interest on the loan; or(ii)an amount forgiven on the loan; and
(d)the part of a fundraising contribution made by a person to another person that exceeds $200; and(e)an amount paid, or service provided, by a person to a registered political party under a sponsorship arrangement.
(3)A gift does not include—(a)the disposition of property under a will; or(b)a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or(c)the following amounts paid to a political party—(i)an amount for a person’s subscription for membership of the party;(ii)an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2)(e);(iii)an amount that is a compulsory levy imposed on elected members by the party under its constitution; or
(d)the provision of voluntary labour; or(e)the incidental or ancillary use of—(i)a volunteer’s vehicle or equipment; or(ii)a vehicle or equipment that is ordinarily available for the personal use of a volunteer.
(4)A reference in this part to a gift does not include a gift made by a person to an individual (the recipient) if, when the gift is made—(a)it is made in a private capacity for the recipient’s personal use; and(b)the recipient does not intend to use the gift for an electoral purpose.
(5)However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose—(a)the gift, or that part of the gift, is a gift for this section; and(b)the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.
(6)If the recipient is an elected member, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift for the recipient’s duties as an elected member.(7)In this section—official cash rate means the Reserve Bank of Australia’s cash rate target.uncharged interest, on a loan, means an amount that would have been payable on the loan if—(a)the loan had been made on terms requiring the payment of interest at least at the official cash rate plus 3% a year; or(b)any interest payable had not been waived; or(c)any interest payments were not capitalised.
13Insertion of new ss 201B and 201CAfter section 201A—insert—201B Meaning of value of gift(1)The value of a gift is the amount stated in, or worked out under, this section.(2)The value of a gift of money is the amount of money given.(3)The value of a gift of property other than money is—(a)the market value of the property; or(b)if a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles.
(4)The value of a gift of the provision of a service is—(a)the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or(b)if a regulation prescribes principles under which the amount that would reasonably be charged for the service is to be decided—the amount decided under the principles.
(5)The value of a gift of an amount of electoral expenditure incurred is the amount of the expenditure.(6)The value of a gift that is a fundraising contribution is the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.(7)The value of a gift provided by a person to a registered political party under a sponsorship arrangement is worked out—(a)as the amount paid, or value of the service provided, under the arrangement; andNote—See subsection (4) for working out the value of a service provided.(b)regardless of the value of the goods, services or other benefits provided to the person under the arrangement.
(8)The value of a gift of an amount of uncharged interest on a loan is—(a)the amount of interest that would have been payable on the loan if interest on the loan were calculated—(i)annually, as simple interest; and(ii)at the official cash rate for the day the loan was made plus 3% a year;
less—(b)any amount of interest paid on the loan.
(9)The value of a gift of an amount forgiven on a loan is the total amount the debtor is no longer required to pay under the loan because the amount has been forgiven, including, for example, amounts of principal, interest, fees or other charges, whether or not—(a)the loan is legally enforceable; and(b)the forgiveness of the amount is legally enforceable.
(10)If consideration is given for a gift made, other than a gift mentioned in subsection (6) or (7), the value of the gift is reduced by the amount or value of the consideration given.(11)In this section—official cash rate means the Reserve Bank of Australia’s cash rate target.uncharged interest, on a loan, see section 201(7).201C Application to unincorporated bodyIn this part—(a)a reference to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—(i)on behalf of an unincorporated body; and(ii)under the body’s actual or apparent authority; and
(b)a reference to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of an unincorporated body.
14Amendment of s 203 (Electoral committee to be treated as part of candidate)(1)Section 203, ‘electorate’—omit, insert—electoral district(2)Section 203(1), ‘and 4’—omit, insert—, 4, 6 and 915Insertion of new s 204After section 203—insert—204Associated entity to be treated as part of registered political party for particular purposesIf a registered political party has an associated entity, divisions 3, 4, 6 and 9 apply as if—(a)the party and the entity together constitute the political party (the recipient party); and(b)a gift made to, or received by, the party or the entity were a gift made to, or received by, the recipient party; and(c)the State campaign account of the party were the State campaign account of the recipient party.
16Insertion of new pt 11, div 1APart 11—insert—Division 1AProvisions about the source of indirect gifts and loans205A Who is the source of an indirect gift or loan(1)An entity is the source of a gift (the ultimate gift) made to another entity (the ultimate recipient) if—(a)the entity makes a gift or loan (the first gift or loan) to a person (the first recipient); and(b)the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and(c)the first recipient, or another person, makes the ultimate gift to the ultimate recipient; and(d)the first gift or loan enabled (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient.
(2)An entity is the source of a loan (the ultimate loan) made to another entity (the ultimate recipient) if—(a)the entity makes a gift or loan (the first gift or loan) to a person (the first recipient); and(b)the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and(c)the first recipient, or another person, makes the ultimate loan to the ultimate recipient; and(d)the first gift or loan enabled (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient.
(3)For this part, when the ultimate gift or ultimate loan is made to the ultimate recipient, the gift or loan is taken—(a)not to have been made to, or accepted by, the first recipient; and(b)to have been made to, and accepted by, the ultimate recipient.
17Replacement of pt 11, div 2 (Agents)Part 11, division 2—omit, insert—Division 2Agents206Agent of registered political partyA registered political party must appoint a person to be the agent of the party for this part.207Agent of candidate(1)A candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election.(2)During any period for which no appointment is in force under subsection (1), the candidate is taken to be the candidate’s own agent for this part.(3)A person’s appointment under subsection (1) continues until the person’s obligations as the candidate’s agent for the election end, unless the appointment ends earlier under section 212.Note—A person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.208Agent of registered third party(1)A registered third party for an election who is not an individual must appoint an agent, for this part, for the election.(2)A registered third party for an election who is an individual may appoint a person to be the third party’s agent, for this part, for the election.(3)During any period for which no appointment is in force under subsection (2), the third party is taken to be the third party’s own agent for this part.(4)A person’s appointment under subsection (1) continues until the person’s obligations as the registered third party’s agent for the election end, unless the appointment ends earlier under section 212.Note—A person’s obligations as a registered third party’s agent under this part may end after the election for which the third party is registered under division 12.209Agent of unregistered third party(1)A third party that is not registered for an election may appoint a person to be the third party’s agent, for this part, for the election.(2)If the third party is an individual, the third party is taken to be the third party’s own agent for this part during any period for which no appointment is in force under subsection (1).(3)A person’s appointment under subsection (1) continues until the person’s obligations as the third party’s agent for the election end, unless the appointment ends earlier under section 212.Note—A person’s obligations as a third party’s agent under this part may end after the election to which the appointment relates.210Requirements for registration(1)The appointment of a person as an agent has no effect unless—(a)the person is an adult; and(b)the person has—(i)consented to the appointment in writing; and(ii)signed a declaration that the person is eligible for appointment.
(c)the commission is given written notice of the appointment that—(i)states the person’s name and address; and(ii)includes or is accompanied by the consent and declaration mentioned in paragraph (b).
(2)A person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against this part.211Register of agents(1)The commission must keep a register called the register of agents.(2)The register of agents must include the name and address of each person appointed as the agent of a registered political party, candidate or third party for this part.(3)An entry in the register of agents about a person appointed as the agent of a registered political party, candidate or third party, for this part, is evidence that the person is the agent of the party, candidate or third party.212Registration of agent(1)The appointment of a person as an agent—(a)takes effect when the person’s name is entered in the register of agents; and(b)ends when—(i)the person resigns as the person’s agent; or(ii)the entity that appointed the person revokes the person’s appointment; or(iii)the person dies; or(iv)the person is convicted of an offence against this part.
(2)A person’s name must not be removed from the register of agents unless—(a)the person gives the commission written notice that the person has resigned as agent; or(b)the entity that appointed the person gives the commission written notice that the person’s appointment has been revoked; or(c)the person dies; or(d)the person is convicted of an offence against this part; or(e)if the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.
(3)If a person’s appointment as the agent of an entity ends, the entity must, within 28 days after the person’s appointment ends, give the commission—(a)written notice that states—(i)the person’s appointment has ended; and(ii)the day the appointment ended; and(iii)the reason the appointment ended; and
(b)if the entity is required to have an agent under this part—written notice under section 210 of the appointment of another person as the entity’s agent.
213Responsibility for action in absence of agent(1)This section applies if—(a)this part imposes an obligation on the agent of—(i)a registered political party; or(ii)a third party who is not an individual, whether or not the third party is registered under division 12; and
(b)the entity does not have an agent for this part.
(2)Each member of the executive committee (however described) of the entity is responsible for the obligation as if this part applied to the member of the committee.Division 3Managing political donations and electoral expenditureSubdivision 1Preliminary214 Application of divisionThis division applies to each of the following participants in an election—(a)a candidate in the election;(b)a registered political party;(c)a third party registered for the election;(d)another third party if, under section 297, the third party is required to be registered for the election.
Subdivision 2State campaign accounts215Requirement to keep State campaign account(1)A participant in an election must keep a separate bank account for the election until each obligation mentioned in subsection (2) that applies to the participant or the participant’s agent for the election ends.Maximum penalty—200 penalty units.(2)For subsection (1), the obligations are each obligation under this part that relates to—(a)a political donation made during a donation cap period for the election; or(b)electoral expenditure incurred by the election participant; or(c)repayment of a loan that is paid into the participant’s State campaign account; or(d)if a political donation of property other than money is made during a donation cap period for the election—the disposal of the property.
(3)The bank account mentioned in subsection (1) is the election participant’s State campaign account.216Payments into State campaign account(1)If an election participant is a registered political party or candidate, a person must not pay an amount into the participant’s State campaign account unless the amount is—(a)an amount of election funding paid to the participant under division 4; or(b)a political donation of money made to the participant, other than a political donation made or received in contravention of division 6 or 8; or(c)an amount received for the disposal of a political donation of property, other than a political donation made or received in contravention of division 6; or(d)if the participant is a candidate—an amount contributed by the candidate from the candidate’s own funds; or(e)the amount of a loan to the participant, other than a loan received in contravention of division 8, subdivision 3; or(f)an amount that is a return on an investment, or an amount redeemed from an investment, made by the participant if the amount invested was paid from the account; orNote—See section 218 for the requirement to pay amounts relating to an investment into a State campaign account.(g)an amount received by the participant—(i)as a disposition of money by will; or(ii)for the disposal of other property received by the recipient as a disposition by will; or
(h)a fundraising contribution, other than to the extent the contribution or amount is a political donation; or(i)if the participant is a registered political party—(i)an amount of $500 or less, in total, paid by a person during a calendar year for—(A)the person’s subscription for membership of the party payable during that year; or(B)the person’s affiliation with the party payable during that year, other than to the extent the amount is paid under a sponsorship arrangement; or
(ii)an amount paid to the party as a compulsory levy imposed on elected members under the party’s constitution; or
(j)if the participant kept a State campaign account for another election and the amounts paid into that account complied with this section—an amount paid from the other State campaign account.
Maximum penalty—200 penalty units.(2)If an election participant is a registered third party, a person must not pay an amount that is a gift or loan of money into the participant’s State campaign account unless the gift or loan is a political donation made and received in compliance with divisions 6 and 8.Maximum penalty—200 penalty units.(3)A person does not commit an offence against subsection (1) or (2) if the person or another person, on becoming aware an amount was paid into a State campaign account in contravention of that subsection, takes all reasonable steps to ensure the amount is withdrawn from the account within 5 business days after becoming aware.(4)In this section—disposition, by will, see the Succession Act 1981, section 5.217Requirements for loan amounts paid into State campaign account(1)This section applies if—(a)an election participant is a registered political party or candidate; and(b)the amount of a loan made to the participant is paid into the participant’s State campaign account.
(2)A person must not pay an amount payable under the loan unless the person pays the amount from the election participant’s State campaign account.Maximum penalty—200 penalty units.(3)If the election participant, or a person acting with the participant’s authority, becomes aware an amount is a non-donation loan amount, the participant or person must ensure an amount equal to the non-donation loan amount is withdrawn from the participant’s State campaign account within 5 business days after becoming aware.Maximum penalty—200 penalty units.(4)A person does not commit an offence against subsection (2) or (3) if the person has a reasonable excuse.(5)In this section—amount payable, under a loan, includes—(a)an amount of the principal or interest payable on the loan; and(b)a fee, duty or other charge payable for the loan.
non-donation loan amount means an amount forgiven on a loan, to the extent the amount is not a political donation.Note—See section 250(1) for the requirement for an amount to be accompanied by a donor statement to be a political donation.218Return on investment must be paid into State campaign account(1)This section applies if—(a)an election participant is a registered political party or candidate; and(b)an amount paid from the participant’s State campaign account was invested or reinvested; and(c)the participant, or a person acting with the participant’s authority, receives an amount as a return on the investment; and(d)the participant or person knows, ought reasonably to know or becomes aware that the amount is a return on the investment.
(2)The election participant or person must ensure the amount received is paid into the participant’s State campaign account within 5 business days after the participant or person—(a)receives the amount; or(b)becomes aware that amount is a return on the investment.
Maximum penalty—200 penalty units.(3)A person does not commit an offence against subsection (2) if the person—(a)reinvests the amount; or(b)has a reasonable excuse.
(4)In this section—return, on an amount invested, includes an amount received for the redemption of the investment or part of the investment.Subdivision 3Managing political donations219Political donations of money must be paid into State campaign account(1)This section applies if a political donation of money is made to, or for the benefit of, an election participant.(2)A person who receives the donor statement that accompanies the political donation must ensure the donation is paid into the election participant’s State campaign account within 5 business days after receiving the donor statement.Note—See section 250(1) for the requirement for a political donation to be accompanied by a donor statement.Maximum penalty—200 penalty units.(3)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.220 Requirement to keep records about political donations of other property(1)This section applies if a political donation of property other than money is made to, or for the benefit of, an election participant.(2)The election participant, or a person acting with the participant’s authority, must ensure a record about the political donation that complies with subsection (3) is kept for at least 5 years after the property is disposed of.Maximum penalty—20 penalty units.(3)A record about the political donation must include the following information—(a)a description of the donation;(b)the day the donation was received;(c)the value of the donation;(d)the name and address of the person who made the donation;(e)if the property has been disposed of—(i)the day of the disposal; and(ii)the amount received for the disposal.
(4)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.221 Proceeds from disposal of political donation of other property(1)This section applies if—(a)an election participant receives a political donation of property other than money; and (b)the property is disposed of.
(2)A person who receives an amount for the disposal of the property must ensure the amount is paid into the election participant’s State campaign account within 5 business days after the amount is received.Maximum penalty—200 penalty units.(3)A person does not commit an offence against subsection (2) if the person has a reasonable excuse.Subdivision 4Managing payment of electoral expenditure221A Electoral expenditure must be paid from State campaign account(1)If a person knows, or ought reasonably to know, that an amount to be paid is for electoral expenditure incurred by or for an election participant, the person must ensure the amount is paid from the participant’s State campaign account.Maximum penalty—200 penalty units.(2)A person does not commit an offence against subsection (1) if the amount is reimbursed from the participant’s State campaign account within 6 weeks after the amount was paid.Subdivision 5General221B Notice of State campaign account(1)This section applies if an entity becomes a participant in an election, including because any of the following events happen—(a)a political party is registered under part 6;(b)a person becomes a candidate in an election;(c)a third party—(i)is registered for an election; or(ii)incurs electoral expenditure for an election; or(iii)receives a political donation during the donation cap period for an election.
(2)The agent of the election participant must give the commission a notice, in the approved form, about the participant’s State campaign account for the election within 5 business days after the entity became a participant in the election, unless the agent has a reasonable excuse.Maximum penalty—20 penalty units.(3)If a required detail of an election participant’s State campaign account changes, the agent of the participant must give the commission a notice about the change, in the approved form, within 5 business days after the change happens, unless the agent has a reasonable excuse.Maximum penalty—20 penalty units.(4)In this section—required detail, of a State campaign account, means a detail about the account required to be stated in the approved form mentioned in subsection (2).18Amendment of s 222 (Interpretation)Section 222(1)—omit, insert—(1)For this division, electoral expenditure is taken to have been incurred for an election if the expenditure is incurred during the capped expenditure period for the election.19Amendment of s 223 (Entitlement to election funding— registered political parties)Section 223(1), ‘6%’—omit, insert—4%20Amendment of s 224 (Entitlement to election funding— candidates)Section 224(1), ‘6%’—omit, insert—4%21Amendment of s 225 (Election funding amount)Section 225(1)(a)—omit, insert—(a)for the financial year that starts on 1 July 2020—(i)if the entity entitled to the funding is a registered political party—$6.00; or(ii)if the entity entitled to the funding is a candidate—$3.00; or
22Replacement of pt 11, div 5 (Policy development payments)Part 11, division 5—omit, insert—Division 5Policy development payments239Entitlement to policy development payment—registered political party(1)A registered political party (an eligible registered political party) is entitled to a policy development payment for a 6-month period if—(a)the political party was a registered political party on—(i)the polling day for the most recent general election; and(ii)the last day of the period; and
(b)the commission is satisfied—(i)at least 1 elected member was a candidate endorsed by the political party for the election; and(ii)during the election period for the election, the elected member claimed to be a candidate endorsed by the political party; and(iii)the elected member, or another elected member, is a member of the political party on the last day of the 6-month period.
(2)This section does not apply if the registered political party has given the commission written notice that the party does not wish to receive policy development payments and has not withdrawn the notice in writing.240Entitlement to policy development payment—independent member(1)An elected member is entitled to a policy development payment for a 6-month period if the commission is satisfied the member is an independent member on the last day of the 6-month period.(2)An independent member is an elected member who—(a)was an independent candidate in the most recent general election; and(b)is not a member of a registered political party.
(3)This section does not apply if the independent member has given the commission written notice that the member does not wish to receive policy development payments and has not withdrawn the notice in writing.241Amount of policy development payment(1)The amount of policy development payment for a 6-month period, for an eligible registered political party or independent member, is the amount worked out using the following formula—where—A means the amount prescribed under a regulation for this definition.B, for a 6-month period, means the combined vote and seat ratio for the registered political party or independent member worked out under subsection (2) for the period.C, for a 6-month period, means the sum of the combined vote and seat ratios for each eligible registered political party and independent member worked out under subsection (2) for the period.(2)The combined vote and seat ratio for an eligible registered political party or independent member, for a 6-month period, is the sum of—(a)the vote ratio for the party or independent member for the period under section 242; and(b)the seat ratio for the party or independent member for the period under section 243.
242 Meaning of vote ratio for eligible registered political party or independent member(1)The vote ratio for an eligible registered political party for a 6-month period is—(a)the total of the number of formal first preference votes given to each person who—(i)was a candidate endorsed by the political party at the most recent general election; and(ii)polled at least 4% of the total number of formal first preference votes in the election;
divided by—(b)the total of the number of relevant first preference votes at the election.
(2)The vote ratio for an independent member for a 6-month period is—(a)the total number of formal first preference votes given to the member in the most recent general election;
divided by—(b)the total of the number of relevant first preference votes at the election.
(3)Each of the following votes is a relevant first preference vote at a general election—(a)a formal first preference vote given to each candidate in the election who—(i)was endorsed for the election by a registered political party; and(ii)polled at least 4% of the total number of formal first preference votes in the election;
(b)a formal first preference vote given to an independent candidate in the election who was elected.
243 Meaning of seat ratio for eligible registered political party or independent member(1)The seat ratio for an eligible registered political party for a 6-month period is the number of eligible seats held by the party worked out under subsection (2), divided by 93.Note—There are 93 electoral districts in the State—see section 34.(2)For subsection (1), the number of eligible seats held by an eligible registered political party for a 6-month period is the number of elected members who, at the most recent general election, were candidates endorsed by the political party.(3)The seat ratio for an independent member for a 6-month period is 1 divided by 93.244Payment of policy development payment(1)After the end of a 6-month period, the commission must decide—(a)for each registered political party—whether the party is entitled to a policy development payment for the period under section 239; and(b)for each elected member who is not a member of a registered political party on the last day of the period—whether the member is entitled to a policy development payment for the period under section 240; and(c)the amount of the policy development payment to which each eligible registered political party and independent member is entitled under section 241 for the period.
(2)The commission must, after deciding the matters mentioned in subsection (1) for the 6-month period—(a)give each registered political party a notice that states the commission’s decisions under subsection (1)(a) and (c) for the party; and(b)for each elected member to which subsection (1)(b) applies—give the member a notice that states the commission’s decisions under subsection (1)(b) and (c) for the member; and(c)pay the policy development payment for the 6-month period to each eligible registered political party and independent member within 1 month after the end of the period.
(3)However, if the writ for a general election has not been returned by the end of a 6-month period, the commission must pay a policy development payment for the period within 1 month after the day on which the writ for the election is returned.(4)For this division, a person who is elected at a general election is taken to have been elected on the day after the Legislative Assembly was last dissolved before the election was held.245Application for reconsideration of decision about policy development payment(1)This section applies if the commission gives a registered political party or elected member a notice about a decision made by the commission under section 244(1)(a), (b) or (c).(2)The agent of the registered political party or elected member may apply to the commission for reconsideration of the decision.(3)The application must—(a)be in the approved form; and(b)state the reasons for the application; and(c)be made within 1 month after the notice is given.
(4)On receiving an application, the commission must reconsider the decision and decide to—(a)affirm or vary the decision; or(b)set aside the decision and make a substitute decision.
(5)The commission must give the agent a notice that states the decision on the reconsideration and the reasons for the decision.246Recalculation of policy development payment(1)This section applies if the commission varies a decision, or makes a substitute decision, for a 6-month period under section 245.(2)The commission must recalculate the amount of the policy development payment to which each eligible registered political party and independent member is entitled for the 6-month period under section 241.(3)The difference between the policy development payment paid to a registered political party or elected member for a 6-month period and the amount calculated under subsection (2) is—(a)if the amount paid is less than the recalculated amount—an underpayment; or(b)if the amount paid is more than the recalculated amount—an overpayment.
(4)The commission must pay the amount of an underpayment to a registered political party or elected member as soon as practicable after the recalculation under subsection (2).(5)The amount of an overpayment is payable by a registered political party or elected member to the State and may be recovered as a debt due to the State.(6)The commission must give each registered political party and elected member given a notice for the 6-month period under section 244(2) a further notice that states—(a)the commission’s decision on the reconsideration and the reasons for the decision; and(b)the result of the commission’s recalculation under subsection (2); and(c)if the result of the recalculation is an overpayment—(i)that the party or member must repay the amount of the overpayment to the State; and(ii)the commission may recover the amount as a debt due to the State.
Division 6Political donations and caps on political donationsSubdivision 1Preliminary247Meaning of donation cap period(1)The donation cap period for a candidate in an election is the period that—(a)starts—(i)if the candidate was a candidate in a by-election held after the last general election—30 days after the polling day for the last by-election in which the candidate was a candidate; or(ii)otherwise—30 days after the polling day for the last general election; and
(b)ends 30 days after the polling day for the election.
(2)The donation cap period for a registered political party, or a third party in the next general election, is the period that—(a)starts 30 days after the polling day for the last general election; and(b)ends 30 days after the polling day for the next general election.
Note—See section 249 for how this division applies to a third party in a by-election.248 Application to unregistered third party(1)This division applies to a third party that is not registered for an election if the third party receives a political donation during the donation cap period for third parties for the election.(2)For this division, a reference to a third party in an election is a reference to a third party that—(a)is registered, or is required under section 297 to be registered, for the election; or(b)has received a political donation during the donation cap period for the election.
249Application to political donations made to third party in by-election(1)This section applies if—(a)a third party is a participant in a by-election; and(b)the by-election is held during the donation cap period that—(i)if the third party is a participant in the next general election—applies to the third party for the general election; or(ii)otherwise—would apply to the third party for the next general election if the third party were a participant in that election; and
(c)a political donation is made to the third party during the donation cap period.
(2)For sections 256 and 259—(a)if the third party is not a participant in the next general election—the third party is taken to be a participant in the general election; and(b)the political donation is taken to have been made to the third party as a participant in the general election, even if the donation was made to the third party as a participant in the by-election.
Subdivision 2Political donations and donation caps250Meaning of political donation(1)Each of the following is a political donation if it is accompanied by a donor statement—(a)a gift made to, or for the benefit of, a registered political party or a candidate in an election;(b)a gift made to, or for the benefit of, a third party—(i)to enable the third party (directly or indirectly) to make a gift mentioned in paragraph (a); or(ii)to reimburse the third party (directly or indirectly) for making a gift mentioned in paragraph (a); or(iii)to enable the third party (directly or indirectly) to incur electoral expenditure; or(iv)to reimburse the third party for incurring electoral expenditure;
(c)a loan that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b).
(2)However, an amount of electoral expenditure gifted to a participant in an election is a political donation whether or not the gift is accompanied by a donor statement.(3)This section applies to a gift or loan made by a person even if the person was outside Queensland when the person made the gift or loan.(4)In this division, a reference to a political donation made to a participant in an election includes a political donation made to another person if the donation is made for the benefit of the participant.(5)In this section—loan means a loan made for no consideration or inadequate consideration.251 Meaning of donor statement(1)A donor statement about a gift or loan is a statement about the gift or loan that complies with this section.(2)A donor 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)name the election participant (the recipient) to whom, or for the benefit of whom, the gift or loan is made; and(d)state that the gift or loan is made—(i)for a gift or loan mentioned in section 250(1)(b)—for a purpose mentioned in section 250(1)(b); or(ii)otherwise—with the intention that the gift or loan is used for an electoral purpose; and
(e)state the relevant particulars of the donor of the gift or loan; and(f)be given to the recipient with the gift or loan, or within 14 days after the gift or loan is made.
(3)For subsection (2)(c), if section 205A applies to the gift or loan, the recipient is the ultimate recipient of the ultimate gift or loan under that section.(4)In this section—donor, of a gift or loan, means—(a)if section 205A applies to the gift or loan—the person who made the first gift or loan under that section; or(b)otherwise—the person who made the gift or loan.
252Amount of donation cap(1)The donation cap for a participant in an election is—(a)for a registered political party—$4,000; or(b)for a candidate in the election—$6,000; or(c)for a third party for the election—$4,000.
(2)However, if the amount of a donation cap for an election participant has been adjusted under section 253, the donation cap is the amount most recently published as the donation cap for the election participant by the commission under section 253(3).253 Adjustment of donation cap(1)The amount of the donation cap for an election participant is adjusted 30 days after the polling day for each general election (the recent general election) to the greater of the following amounts—(a)the amount worked out under subsection (2);(b)the amount of the donation cap immediately before it is adjusted under this section.
(2)The amount is worked out using the following formula—where—A means the amount of the donation cap immediately before it is adjusted under this section.B means the CPI number published for the last quarter that ended before the polling day for the recent general election.C means the CPI number published for the last quarter that ended before the polling day for the previous general election.(3)The commission must publish the amount of the donation cap for an election participant on its website as soon as practicable after the amount is adjusted under this section.(4)In this section—previous general election means the general election last held before the recent election.quarter means the following periods in a year—(a)1 January to 31 March;(b)1 April to 30 June;(c)1 July to 30 September;(d)1 October to 31 December.
Subdivision 3Caps on political donations254 Caps on political donations made to registered political partyA person must not, during a donation cap period for a registered political party, make a political donation to, or for the benefit of, the party if the amount or value of the donation exceeds the party’s donation cap—(a)by itself; or(b)when added to the other political donations made by the person to, or for the benefit of, the party during the donation cap period.
Note—Section 257 provides for circumstances in which a person does not commit an offence against this section.Maximum penalty—200 penalty units.255Caps on political donations made to candidatesA person must not, during a donation cap period for an election, make a political donation to, or for the benefit of, a candidate in the election if the amount or value of the donation exceeds the candidate’s donation cap—(a)by itself; or(b)when added to the other political donations made by the person to, or for the benefit of, the candidate during the donation cap period; or(c)if the candidate is endorsed by a registered political party for the election—when added to the other political donations made, during the donation cap period, by the person to, or for the benefit of—(i)the candidate; and(ii)each other candidate who, when the political donation was made to or for the candidate’s benefit, was endorsed by the same party.
Note—Section 257 provides for circumstances in which a person does not commit an offence against this section.Maximum penalty—200 penalty units.256 Caps on political donations made to third partiesA person must not, during a donation cap period for an election, make a political donation to, or for the benefit of, a third party in the election if—(a)the amount or value of the donation exceeds the third party’s donation cap—(i)by itself; or(ii)when added to the other political donations made by the person to, or for the benefit of, the third party during the donation cap period; or
(b)the person has made 6 or more other political donations to, or for the benefit of, third parties in the election.
Note—Section 257 provides for circumstances in which a person does not commit an offence against this section.Maximum penalty—200 penalty units.257Exceptions to ss 254, 255 and 256(1)A person does not commit an offence against section 254, 255 or 256 if, within 6 weeks after the person makes the donation—(a)the person asks the recipient, in writing, to refund or return the donation, or the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section, to the person; or(b)the donation, or the amount by which the amount or value of the donation exceeds a donation cap mentioned in that section, is refunded or returned to the person.
(2)Sections 254, 255 and 256 do not apply in relation to a political donation if, when it was made, it was a gift to which section 201(4) applied, whether or not it is used for an electoral purpose mentioned in that section.(3)In this section—recipient means the entity to whom, or for the benefit of whom, the political donation was made.258 Requirement to notify donor about offence to exceed political donation cap(1)If a person makes a political donation to, or for the benefit of, a participant in an election, the participant, or a person acting with the participant’s authority, must, within 14 days after receiving the donation, give the person a receipt that—(a)states the names of the participant and the person; and(b)acknowledges the receipt by the participant of the donation from the person; and(c)includes a statement, in the approved form, that summarises the circumstances in which it is an offence, under sections 254, 255 and 256, for a person to make a political donation to, or for the benefit of—(i)a registered political party; or(ii)a candidate in an election; or(iii)a third party in an election.
Maximum penalty—20 penalty units.(2)A person does not commit an offence against subsection (1) if the person has a reasonable excuse.259Cap on political donations to election participants that may be accepted(1)This section applies if a person (the donor) makes a political donation to, or for the benefit of, a participant in an election during a donation cap period.(2)The election participant, or a person acting with the participant’s authority, must not accept the political donation if—(a)the amount or value of the donation, by itself, exceeds the participant’s donation cap; or(b)both of the following apply—(i)the amount or value of the donation exceeds the participant’s donation cap when added to other political donations made by the same donor to, or for the benefit of, the participant during the donation cap period;(ii)the person knows, or ought reasonably to know, the donation would exceed the cap in that way.
Maximum penalty—200 penalty units.(3)For subsection (2), a political donation of gifted electoral expenditure is accepted when the expenditure is incurred.(4)A person does not commit an offence against subsection (2) if, within 6 weeks after the donation is made, the donation, or the amount by which the amount or value of the donation exceeds the donation cap mentioned in that subsection, is refunded or returned to the donor.259A Recovery of unlawful political donations(1)If a person accepts a political donation in contravention of section 259, the amount by which the amount or value of the donation exceeded a donation cap mentioned in that section is payable to the State.(2)The amount may be recovered by the State as a debt due to the State from—(a)if the recipient is a registered political party that is not a corporation—the party’s agent; or(b)if the recipient is a candidate—the candidate or the candidate’s agent; or(c)if the recipient is a third party that is not a corporation—the third party’s agent; or(d)otherwise—the recipient.
(3)The imposition of liability to pay an amount to the State under this section—(a)is not a punishment or sentence for an offence against section 259 or any other offence; and(b)is not a matter to which a court may have regard in sentencing an offender for an offence against section 259 or any other offence.
(4)In this section—recipient means the entity to whom, or for the benefit of whom, the unlawful donation was made.23Replacement of s 260A (Who is the source of a gift or loan)Section 260A—omit, insert—260A How division applies to gift for personal use used for electoral purpose(1)This section applies in relation to a gift, to the extent section 201(5) applies to the gift.Note—Section 201(5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.(2)The person who made the gift is not required to comply with a requirement under this division to give the commission a return about the gift.(3)A return about the gift given under this division by a person who received the gift must state—(a)that, when the gift was made—(i)it was made in a private capacity for the recipient’s private use; and(ii)the recipient did not intend to use the gift for an electoral purpose; and
(b)the gift was used for the electoral purpose; and(c)the day on which the gift was used for the electoral purpose.
(4)In this section—electoral purpose see section 201(6).24Relocation and renumbering of s 260B (Donor must disclose source of gift or loan)Section 260B—relocate to part 11, division 1A, as inserted by this Act, and renumber as section 205B.25Amendment of s 262 (Loans to candidates)(1)Section 262(1), ‘, other than an exempt loan, with a value’—omit, insert—of an amount(2)Section 262(3)(a), ‘, other than exempt loans,’—omit.(3)Section 262(5)—omit.26Amendment of s 263 (Disclosure of gifts by third parties that incur expenditure for political purposes)(1)Section 263, heading—omit, insert—263Disclosure by third party of gifts used for expenditure for political purposes(2)Section 263(2), ‘stating the relevant details of any’—omit, insert—about a(3)Section 263(2)(a), ‘an amount or value’—omit, insert—a value(4)Section 263(3), after paragraph (a)—insert—(aa)state—(i)the value of the gift; and(ii)when the gift was made; and(iii)the relevant particulars of the person who gave the gift; and
(5)Section 263(3)(aa) and (b)—renumber as section 263(3)(b) and (c).(6)Section 263—insert—(4)For this section, expenditure is incurred for a political purpose if the expenditure incurred is—(a)electoral expenditure; or(b)a gift made to, or for the benefit of, a political party or candidate in an election; or(c)a gift made to, or for the benefit of, another person to enable the other person, or someone else, to use all or part of the gift for a purpose mentioned in paragraph (a) or (b).
(7)Section 263(5)—omit.(8)Section 263(6)—renumber as section 263(5).27Amendment of s 265 (Gifts to political parties)(1)Section 265(7)—omit.(2)Section 265(8), ‘(including subsection (7)(d))’—omit.(3)Section 265(12) to (15)—omit, insert—(12)If a registered political party receives a gift from an entity for which a return is required under this section, the party must, as soon as practicable after receiving the gift, give the entity a notice that states the entity is required to give the commission a return about the gift under this section.Maximum penalty—20 penalty units.28Omission of pt 11, div 7, sdiv 3 (Disclosure of large gifts)Part 11, division 7, subdivision 3—omit.29Replacement of pt 11, div 8, sdiv 3 (Loans from entities other than financial institutions)Part 11, division 8, subdivision 3—omit, insert—Subdivision 3Records to be kept about loans272Requirement to keep record about loan received(1)This section applies if a loan of an amount that equals or exceeds the gift threshold amount is received—(a)by or for a registered political party; or(b)by or for an associated entity of a registered political party; or(c)by or for a candidate in an election during the disclosure period for the election.
(2)The following person must keep a record that complies with subsection (3) about the loan—(a)for a loan received by or for a registered political party—the agent of the party;(b)for a loan received by or for an associated entity of a registered political party—the financial controller of the entity;(c)for a loan received by or for a candidate in the election—the agent of the candidate.
(3)The record about the loan must include—(a)the amount of the loan; and(b)the terms and conditions of the loan; and(c)if the loan was received from a registered industrial organisation—(i)the name of the organisation; and(ii)the names and addresses of the members of the executive committee (however described) of the organisation; and
(d)the relevant particulars of the entity that made the loan; and(e)if the entity that made the loan is not the source of the loan—the relevant particulars of the entity that is the source of the loan.
(4)If a person contravenes subsection (2) in relation to a loan—(a)the receipt of the loan is taken to have been unlawful; and(b)the amount of the loan is payable by the person to the State.
(5)The amount may be recovered by the State as a debt due to the State from—(a)for a loan received by or for a registered political party that is not a corporation—the agent of the party; or(b)for a loan received by or for an associated entity of a registered political party that is not a corporation—the financial controller of the entity; or(c)for a loan received by or for a candidate in an election—the candidate or the agent of the candidate; or(d)otherwise—the entity that received the loan or for whose benefit the loan was received.
30Amendment of s 274 (Meaning of political donation)(1)Section 274(1)(a)(ii)—omit.(2)Section 274(1)(a)(iii)—renumber as section 274(1)(a)(ii).(3)Section 274(1)(c), ‘other than a financial institution’—omit.(4)Section 274(2) and (3)—omit.(5)Section 274(4), ‘section 201(4)(a) and (b)’—omit, insert—section 201(3)(b)(6)Section 274(5), ‘section 201(4)(d)’—omit, insert—section 201(3)(c)(7)Section 274(4) and (5)—renumber as section 274(2) and (3).31Insertion of new pt 11, div 9Part 11—insert—Division 9Caps on electoral expenditureSubdivision 1Preliminary280Meaning of capped expenditure period(1)The capped expenditure period, for a general election, is the period that—(a)starts on the earlier of—(i)1 year before the next normal polling day; or(ii)if the election is an extraordinary general election—the day the writ for the election is issued; and
(b)ends at 6p.m. on the polling day for the election.
(2)The capped expenditure period, for a by-election, is the period that—(a)starts on the day the writ for the by-election is issued; and(b)ends at 6p.m. on the polling day for the by-election.
(3)However, if the poll at a polling booth for an election is adjourned under section 99B(3) or 100(1), the capped expenditure period for the election ends at 6p.m. on the day the adjourned poll is held.(4)Subsection (3) applies despite section 100(6).281 When electoral expenditure is incurred(1)For this part, electoral expenditure is incurred when the goods or services for which the expenditure is incurred are delivered or provided, regardless of when the amount of the expenditure is invoiced or paid.(2)Without limiting subsection (1)—(a)expenditure on advertising is incurred when the advertisement is broadcast or published; and(b)expenditure on the production and distribution of material containing election matter is incurred when the material is distributed; and(c)expenditure of another kind is incurred at the time prescribed by regulation.
281A Electoral expenditure incurred for another election participant(1)This section applies if a participant in an election (the first election participant) incurs electoral expenditure that benefits another election participant (the recipient).(2)For this division, if the first election participant gifts the electoral expenditure to the recipient, the electoral expenditure is incurred by the first election participant.(3)However, for this division, the recipient is taken to have incurred the electoral expenditure if—(a)any of the following apply—(i)the expenditure is incurred with the recipient’s authority or consent;(ii)the recipient accepts election material that results from the expenditure;(iii)another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and
(b)the first election participant invoices the recipient for payment for the amount of the expenditure.
(4)Section 281 applies for determining when the election expenditure is incurred.281B When electoral expenditure of registered political party or third party relates to an electoral district(1)Electoral expenditure incurred by a registered political party or a third party relates to an election for an electoral district if the expenditure is for advertising or other election material for the election that—(a)is communicated to electors in the electoral district; and(b)is not mainly communicated to electors outside the electoral district.
(2)However, electoral expenditure mentioned in subsection (1) does not relate to an electoral district if the expenditure is for carrying out an opinion poll or research.Subdivision 2Amount of expenditure caps for election participants281C Amount of expenditure cap—registered political party and endorsed candidate(1)The expenditure cap, for a general election, for a registered political party is—(a)generally—the amount that is $92,000 multiplied by the number of electoral districts for which the party has endorsed a candidate in the election; and(b)for an electoral district—$92,000.
(2)The expenditure cap, for a general election, for a candidate endorsed by a registered political party for an electoral district in the election is—(a)if 2 or more candidates are endorsed concurrently by the party for the electoral district—the amount that is $58,000 divided by the number of candidates concurrently endorsed; or(b)otherwise—$58,000.
(3)The expenditure cap, for a by-election, for a candidate endorsed by a registered political party is—(a)if 2 or more candidates are endorsed concurrently by the party for the by-election—the amount that is $87,000 divided by the number of candidates concurrently endorsed; or(b)otherwise—$87,000.
(4)However, if the amount of an expenditure cap mentioned in subsection (1), (2) or (3) has been adjusted under section 281F, the expenditure cap for a registered political party or candidate endorsed by a registered political party, for an election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).281D Amount of expenditure cap—independent candidate(1)The expenditure cap for an independent candidate for a general election or by-election is $87,000.(2)However, if the amount of the expenditure cap mentioned in subsection (1) has been adjusted under section 281F, then the expenditure cap for an independent candidate, for a general election or by-election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).281E Amount of expenditure cap—registered third party(1)The expenditure cap for a registered third party for a general election is—(a)generally—$1m; and(b)for an electoral district—$87,000.
(2)The expenditure cap for a registered third party for a by-election is $87,000.(3)However, if the amount of the expenditure cap mentioned in subsection (1) or (2) has been adjusted under section 281F, then the expenditure cap for a registered third party, for an election, is the amount most recently published as the expenditure cap by the commission under section 281F(3).281F Adjustment of expenditure caps for election participants(1)The amount of an election participant’s expenditure cap for an election—(a)is adjusted under this section 30 days after the polling day for a general election (the recent general election); and(b)as adjusted under this section applies for each election that is held until the amount is next adjusted under this section.
(2)The election participant’s expenditure cap is adjusted to the amount worked out using the following formula—where—A means the amount of the expenditure cap immediately before it is adjusted under this section.B means the CPI number published for the last quarter that ended before the polling day for the recent general election.C means the CPI number for the last quarter that ended before the polling day for the previous general election.(3)The commission must publish the amount of an election participant’s expenditure cap as adjusted under this section on its website as soon as practicable after it is adjusted.(4)In this section—previous general election means the general election that was last held before the recent general election.quarter means the following periods in a year—(a)1 January to 31 March;(b)1 April to 30 June;(c)1 July to 30 September;(d)1 October to 31 December.
Subdivision 3Caps on electoral expenditure281G Cap on electoral expenditure during capped expenditure period(1)A participant in an election, or a person acting with the participant’s authority, must not incur electoral expenditure during the capped expenditure period for the election if—(a)the amount of the expenditure, by itself, exceeds the participant’s expenditure cap; or(b)both of the following apply—(i)the amount of the expenditure exceeds the participant’s expenditure cap when added to other electoral expenditure incurred by the participant or with the participant’s authority during the capped expenditure period;(ii)the participant or person knows, or ought reasonably to know, the amount would exceed the cap in that way.
Maximum penalty—the greater of the following amounts—(a)the amount that is equal to twice the amount by which the electoral expenditure exceeds the expenditure cap;(b)200 penalty units.
(2)If an expenditure cap mentioned in subsection (1) relates to an electoral district, a reference in that subsection to electoral expenditure is a reference to electoral expenditure for the electoral district.281H Electoral expenditure of unregistered third party restricted to $1,000(1)This section applies to a third party that is not registered for an election.(2)The third party, or a person acting with the third party’s authority, must not incur electoral expenditure during the capped expenditure period for the election if—(a)the amount of the expenditure, by itself, exceeds $1,000; or(b)both of the following apply—(i)the amount of the expenditure exceeds $1,000 when added to other electoral expenditure incurred by the third party or with the third party’s authority during the capped expenditure period;(ii)the third party or person knows, or ought reasonably to know, the amount would exceed the cap in that way.
Maximum penalty—the greater of the following amounts—(a)the amount that is equal to twice the amount by which the electoral expenditure exceeded $1,000;(b)200 penalty units.
281I Expenditure cap exceeded because of aggregation of electoral expenditure(1)A person who incurs electoral expenditure for an election participant does not commit an offence against section 281G in relation to the expenditure if—(a)the expenditure exceeds the participant’s expenditure cap because it is added to aggregated expenditure; and(b)the person did not know, and could not reasonably have known, about the aggregated expenditure.
(2)In this section—aggregated expenditure, for an election participant, means electoral expenditure that is taken to have been incurred for the election participant under subdivision 4 even though the expenditure was incurred by another election participant.281J Recovery of unlawful electoral expenditure(1)If a person incurs unlawful electoral expenditure, the amount that is twice the amount of the unlawful electoral expenditure is payable to the State.(2)The amount may be recovered by the State as a debt due to the State from—(a)if the person is a registered political party that is not a corporation—the party’s agent; or(b)if the person is a candidate—the candidate or the candidate’s agent; or(c)if the person is a third party that is not a corporation—the third party’s agent; or(d)otherwise—the person.
(3)The imposition of liability to pay an amount to the State under this section—(a)is not a punishment or sentence for an offence against section 281G or 281H or any other offence; and(b)is not a matter to which a court may have regard in sentencing an offender for an offence against section 281G or 281H or any other offence.
(4)In this section—unlawful electoral expenditure means electoral expenditure incurred in contravention of section 281G or 281H, to the extent the expenditure exceeds the expenditure cap mentioned in that section.Subdivision 4Aggregation of electoral expenditure281K Electoral expenditure incurred by elected members not contesting election(1)This section applies if an elected member who is a member of a registered political party—(a)announces or otherwise publicly indicates the member’s intention not to be a candidate in an election before the cut-off day for nomination of candidates for the election; or(b)does not become a candidate for an election when the names of the persons properly nominated for election for each electoral district are displayed under section 93.
(2)For section 281G, electoral expenditure incurred by or for the elected member during the capped expenditure period for the election is taken to have been incurred by or for the registered political party.281L Electoral expenditure for candidate endorsed by registered political party for by-election(1)This section applies if a registered political party endorses a candidate for a by-election.(2)For section 281G, electoral expenditure incurred by or for the registered political party during the expenditure cap period for the by-election is taken to have been incurred by or for the candidate.32Amendment of pt 11, div 10, hdg (Disclosure of expenditure)Part 11, division 10, heading, after ‘Disclosure of’—insert—electoral33Omission of ss 282 and 282ASections 282 and 282A—omit.34Replacement of s 283 (Returns of electoral expenditure)Section 283—omit, insert—283Returns of electoral expenditure(1)Within 15 weeks after the polling day for an election, the agent of the following election participants must give the commission a return, in the approved form, about the electoral expenditure incurred for the election by the participant, or a person acting with the participant’s authority—(a)a registered political party;(b)a candidate in the election;(c)a registered third party for the election;(d)another third party if, under section 297, the third party is required to be registered for the election.
(2)The return must state the following details about each item of electoral expenditure incurred for the election—(a)the name and business address of the person who supplied the goods or services to which the expenditure relates;(b)a description of the goods or services;(c)the amount of the expenditure;(d)when the expenditure was incurred.
(3)For subsection (2)—(a)a reference to electoral expenditure incurred by or for an election participant includes electoral expenditure that is taken to have been incurred by the participant under section 281K or 281L; and(b)electoral expenditure incurred for an election by an associated entity of a registered political party is taken to have been incurred by the party.
(4)If no electoral expenditure was incurred for the election by or for the election participant, a return given to the commission under subsection (1) must state that fact.(5)For this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.35Amendment of s 284 (Returns by broadcasters)(1)Section 284, before subsection (1)—insert—(1A)This section applies to a broadcaster—(a)who broadcast an advertisement relating to an election—(i)with the authority of a participant in the election; and(ii)during the capped expenditure period for the election; and
(b)even if the broadcaster was outside Queensland when the advertisement was broadcast.
(2)Section 284(1), from ‘If an election’ to ‘the end of’—omit, insert—The broadcaster must, within (3)Section 284(2)—omit.(4)Section 284(3), ‘subsection (1)’—omit, insert—subsection (2)(5)Section 284(6), ‘In subsections (4) and (5)’—omit, insert—In this section(6)Section 284(1A) and (1)—renumber as section 284(1) and (2).36Amendment of s 285 (Returns by publishers)(1)Section 285, before subsection (1)—insert—(1A)This section applies to the publisher of a journal—(a)who published an advertisement relating to an election—(i)with the authority of a participant in the election; and(ii)during the capped expenditure period for the election; and
(b)even if the publisher was outside Queensland when the advertisement was published.
(2)Section 285(1), from ‘If an election’ to ‘the end of’—omit, insert—The publisher must, within(3)Section 285(2)—omit.(4)Section 285(1A) and (1)—renumber as section 285(1) and (2).(5)Section 285(3) and (4), ‘subsection (1)’—omit, insert—subsection (2)(6)Section 285—insert—(5)In this section—journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.37Omission of s 286 (Nil returns)Section 286—omit.38Amendment of s 290 (Returns by registered political parties)(1)Section 290(1), ‘, or received before the commencement,’—omit.(2)Section 290(1)(a) and (2)(b)(i), ‘amount or’—omit.(3)Section 290(1)(b), from ‘, other than’ to ‘the loan is’—omit, insert—of an amount(4)Section 290(2)(b)—insert—(iii)if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift; and
39Amendment of s 291 (Amounts received)(1)Section 291(1), from ‘For a return’ to ‘political party’—omit, insert—For a return for a registered political party under section 290(4), or a return for an associated entity under section 294(4), if the sum of all amounts received(2)Section 291(3), from ‘are the amount’—omit, insert—are—(a)the amount of the sum; and(b)if the sum received was a gift—(i)the relevant particulars of the entity that gave the sum; and(ii)if the entity is not the source of the sum—the relevant particulars of the entity that is the source of the sum; and
(c)if the sum received was a loan—(i)if the sum was borrowed from a financial institution—the name of the financial institution from which the sum was borrowed; or(ii)otherwise—the information required to be kept under section 272(3) about the loan.
40Amendment of s 292 (Amounts paid)Section 292(1), from ‘For a return’ to ‘political party’—omit, insert—For a return for a registered political party under section 290(4), or a return for an associated entity under section 294(4), if the sum of all amounts paid41Amendment of s 293 (Outstanding amounts)Section 293, from ‘For a return’ to ‘political party’—omit, insert—For a return for a registered political party under section 290(4), or a return for an associated entity under section 294(4), if the sum of all outstanding debts42Replacement of s 294 (Returns by associated entities)Section 294—omit, insert—294Returns by associated entities(1)The financial controller of an entity must give the commission a return about a gift or loan if—(a)the entity receives the gift or loan—(i)during a reporting period; and(ii)when the entity is an associated entity; and
(b)the value of the gift or amount of the loan is equal to or more than the gift threshold amount.
(2)The return must—(a)be in the approved form; and(b)for a return about a gift—state the following—(i)the value of the gift;(ii)the relevant particulars of the entity that made the gift;(iii)if the entity is not the source of the gift—the relevant particulars of the entity that is the source of the gift; and
(c)for a return about a loan—state the information required to be kept about a loan under section 272(3); and(d)be given to the commission by the day, not more than 8 weeks after the end of the reporting period in which the gift or loan was received, prescribed by regulation.
(3)For subsection (1)—(a)2 or more gifts made during a reporting period by the same entity to the associated entity are taken to be 1 gift; and(b)2 or more loans made during a reporting period by the same entity to the associated entity are taken to be 1 loan.
(4)Also, if an entity was an associated entity at any time during a reporting period, the financial controller of the entity must, within 8 weeks after the end of a reporting period, give the commission a return, in the approved form, that states—(a)the total amount received by or for the associated entity from all other entities during the reporting period; and(b)the total amount paid by or for the associated entity to all other entities during the reporting period; and(c)if the entity is an associated entity at the end of the reporting period, the total amount outstanding at the end of the reporting period of all debts incurred by or for the entity to all other entities.
Note—Additional information may be required to be included in the return under section 291, 292 or 293.(5)A reference in subsection (4)(a) or (b) to an amount received or paid does not include an amount received or paid when the entity was not an associated entity.43Insertion of new pt 11, divs 12 and 12APart 11—insert—Division 12Registration of third parties297Requirement for registration(1)A third party must be registered for an election under this part if the electoral expenditure incurred by, or with the authority of, the third party during the capped expenditure period for the election exceeds $1,000.(2)To remove any doubt, it is declared that a third party does not commit an offence against this Act or another Act only because the person omits to do an act required under subsection (1).298Register of third parties(1)The commission must, for each election, keep a register of the third parties registered for the election under this part.(2)A register kept under subsection (1)—(a)is called the register of third parties for the election for which the register is kept; and(b)must be kept up to date; and(c)may be kept in the way and form the commission considers appropriate.
(3)The commission must publish a register of third parties for an election on the commission’s website.Note—See section 388A for restrictions that apply to information published by the commission.299Application for registration(1)A third party that intends to incur electoral expenditure for an election may apply to the commission for registration for the election.Note—See sections 281E and 281H, which provide for different caps for the amount of electoral expenditure that may be incurred by registered third parties and third parties that are not registered under this division.(2)The application must—(a)be in the approved form; and(b)include the details prescribed by regulation for the application; and(c)if the third party is not an individual—be accompanied by an appointment of an individual as the third party’s agent under division 2; and(d)be made to the commission before the polling day for the election.
300Deciding application(1)As soon as practicable after receiving a third party’s application under section 299 (the application), the commission must decide to approve or refuse the application.(2)The commission must refuse the application if it was not made before the day required under section 299(2)(d).(3)Otherwise, the commission may refuse the application only if it is incomplete or incorrect.301Registration(1)This section applies if the commission decides to approve the application.(2)As soon as practicable after making the decision, the commission must—(a)enter the details about the third party stated in the application in the register of third parties kept for the election; and(b)give the third party written notice that the third party has been registered for the election.
302Decision to refuse application(1)If the commission decides to refuse the application, the commission must give the third party written notice of the decision as soon as practicable after making the decision.(2)The notice must state—(a)the commission has decided to refuse the application for registration; and(b)the reason for the refusal; and(c)if the reason for the refusal is the application is incomplete or incorrect—that the third party may—(i)amend the application in the way stated in the notice; and(ii)resubmit the application to the commission within 30 days after receiving the notice.
(3)An application that is amended and resubmitted to the commission under subsection (2)(c) is taken to have been made on the day the original application was made.303Obligation to notify commission of change to details(1)If a relevant detail about a registered third party changes, the agent of the third party must give the commission notice, in the approved form, about the change within 30 days after the change happens.Maximum penalty—20 penalty units.(2)A person does not commit an offence against subsection (1) if the person has a reasonable excuse.(3)In this section—relevant detail, about a registered third party, means—(a)a detail about the third party stated in the party’s application for registration for an election; or(b)if a detail mentioned in paragraph (a) has been the subject of a notice under subsection (1)—the changed detail as stated in the notice.
304Cancellation of registration(1)The agent of a third party may ask the commission, in writing, to cancel the third party’s registration for an election.(2)The commission must cancel the third party’s registration for the election if the commission is satisfied that the obligations that apply to the third party for the election under this part have ended.(3)If the commission cancels the registration, the commission must—(a)record the cancellation and the day of the cancellation in the register; and(b)give the third party notice about the cancellation.
(4)The cancellation takes effect on—(a)the day the third party receives the notice; or(b)a later day stated in the notice.
(5)If the commission refuses to cancel the registration, the commission must give the third party a notice that states the commission’s decision and reasons for the decision.Division 12ARecords to be kept305Records to be kept by election participants(1)A participant in an election, or a person authorised by the participant, must make a record that complies with section 305C about—(a)each matter stated in subsection (2); and(b)the financial transactions and financial position of the participant, as they relate to the matters stated in subsection (2).
Maximum penalty—20 penalty units.(2)For subsection (1), the matters are as follows—(a)a gift or loan made to, or for the benefit of, the election participant, including the value of the gift or amount of the loan;(b)a political donation made to, or for the benefit of the election participant, including—(i)the value or amount of the political donation; and(ii)the donor statement that accompanied the donation; and(iii)any refund or return of the donation or part of the donation;
(c)a gift, loan or political donation the election participant made to another participant in the election;(d)electoral expenditure incurred by the election participant or with the participant’s authority, including electoral expenditure incurred for, or gifted to, another participant in the election;(e)without limiting paragraph (a), (b), (c) or (d), a return given, or required to be given, under division 7, 10 or 11 and the matters required to be stated in the return;(f)without limiting paragraph (d), a claim made under division 4 and the matters required to be stated in the return;(g)an amount of policy development funding paid to the participant under division 5 and any application for reconsideration of a decision made under section 245;(h)amounts paid into and from the participant’s State campaign account;(i)an investment that includes amounts paid from the participant’s State campaign account;(j)the appointment of a person as the participant’s agent;(k)steps taken by an agent of the participant under section 306B;(l)the authorisation of a person to act for the participant under this part;(m)a matter about which the participant has given, or is required to give, the commission notice under this part;(n)if the participant is a registered political party or member of a registered political party—fees and levies received or paid for membership of, or association with, the party;(o)another matter prescribed by regulation.
(3)Subsection (2) applies for a gift, loan, political donation or electoral expenditure whether or not a return about the gift, loan, political donation or electoral expenditure is required to be given to the commission under this part.305A Records to be kept about advertisements or other election matter(1)This section applies if—(a)electoral expenditure was incurred to print, publish or broadcast an advertisement or other election material; and(b)a person is required to give the commission a return about the expenditure under section 283.
(2)The person must make a record, that complies with subsection (3) and section 305C, about the printing, publishing or broadcast of the advertisement or other election material.Maximum penalty—20 penalty units.(3)The record must—(a)be accompanied by a copy of the advertisement or other material; and(b)contain—(i)a description of the audience to which the advertisement or other material was distributed, published or broadcast; and(ii)other details about the advertisement or other material, or its distribution, publication or broadcast, required by regulation; and(iii)if the distribution, publication or broadcast relates to the election for an electoral district—the name of the electoral district.
305B Records to be kept by broadcaster or publisher(1)This section applies to—(a)a broadcaster who is required to give the commission a return under section 284; or(b)a publisher who is required to give the commission a return under or 285.
(2)The broadcaster or publisher must make a record, that complies with section 305C, about the return and the matters required to be stated in the return.Maximum penalty—20 penalty units.305C Requirements related to keeping recordsA record about a matter must—(a)contain the information about the matter required by regulation; and(b)be accompanied by a copy of each document from which the information contained in the record, including the information mentioned in paragraph (a), is obtained; and(c)be accurate; and(d)be kept in a way—(i)required by regulation; and(ii)that enables the record to be conveniently and properly investigated or externally examined; and
305D Record must be kept for 5 years(1)This section applies to a person who makes a record that the person is required to make under this division.(2)The person must keep the record for 5 years after the day it is made.Maximum penalty—20 penalty units.305E Division does not limit other record-keeping provisionsThis division does not limit another provision of this Act about making or keeping a record.44Insertion of new ss 306A and 306BAfter section 306—insert—306A Registered political party must notify endorsement of candidate(1)This section applies to a registered political party if any of the following events happens—(a)the party endorses a person to be a candidate in an election;(b)the party proposes to endorse a person to be a candidate in an election by—(i)publicly announcing the party’s intention to endorse the person as a candidate for the election; or(ii)starting to incur electoral expenditure for the benefit of the person as a candidate for the election;
(c)if the party notifies the commission under this section about the endorsement or proposed endorsement of a person to be a candidate in an election—the party’s endorsement or proposed endorsement of the person changes before the polling day for the election;(d)an elected member stops being a member of the party.
(2)The registered officer of the registered political party must notify the commission, in the approved form, about the event within 7 days after the event happens.Maximum penalty—40 penalty units.(3)As soon as practicable after the commission receives the notification, the commission must give the candidate a notice that states—(a)the contents of the notification; and(b)when the commission received the notification.
(4)If a change mentioned in subsection (1)(c) is the withdrawal of the registered political party’s endorsement of a person as a candidate for an election, a notice given by the party under section 91A about the withdrawal is taken to be a notice given about the change under this section.Note—Section 91A requires a registered political party to notify the commission about the withdrawal of the party’s endorsement of a candidate nominated by the party for election.306B Agent’s obligation to ensure complianceThe agent of a participant in an election must take all reasonable steps to ensure the participant, and a person the participant authorises to act for the participant under this part—(a)is aware of the obligations that apply under this part to the participant and a person authorised to act for the participant; and(b)complies with, and does not contravene, the obligations.
Maximum penalty—200 penalty units.45Amendment of s 307 (Offences)(1)Section 307(2), from ‘who’ to ‘is guilty’—omit, insert—who gives a return that the person is required to give under division 7, 10 or 11 that is incomplete is guilty(2)Section 307(12) to (14)—omit.46Insertion of new ss 307AA and 307ABAfter section 307—insert—307AA Starting proceeding for particular offencesA proceeding for an offence against any of the following provisions must start within 4 years after the offence was allegedly committed—•section 215•section 216(1) or (2)•section 217(2) or (3)•section 218•section 219•section 221•section 221A•section 254•section 255•section 256•section 258•section 259•section 270(1)•section 281G•section 281H•section 305•section 305A•section 305B•section 305D•section 306B•section 307(1), (2), (2A), (3), (4), (5), (9), (10) or (11)•section 307AB.
307AB Liability for political donation or electoral expenditure offences committed by unincorporated body(1)A liable person of an unincorporated body commits an offence if—(a)a gift or political donation is accepted by, or electoral expenditure is incurred by—(i)the unincorporated body; or(ii)a person acting on behalf of the unincorporated body; and
(b)accepting the gift or political donation, or incurring the electoral expenditure, is an offence against a deemed liability provision; and(c)the liable person—(i)authorised or permitted the conduct constituting the offence; or(ii)was, directly or indirectly, knowingly concerned in the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the deemed liability provision by an individual.(2)This section does not affect the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a liable person of an unincorporated body, for an offence against a deemed liability provision.(3)In this section—deemed liability provision means any of the following provisions—•section 254•section 255•section 259•section 270(1)•section 281G•section 281H.
liable person, for an unincorporated body, means—(a)for a registered political party—(i)the registered officer of the party; or(ii)the secretary of the party; or(iii)the agent of the party; or
(b)for an associated entity—the financial controller of the associated entity; or(c)for a third party—an officer, member or agent (however described) of the third party.
47Amendment of s 307B (Schemes to circumvent prohibition on particular political donations)(1)Section 307B, heading, after ‘donations’—insert—or electoral expenditure(2)Section 307B(1), from ‘circumvent’ to ‘donations.’—omit, insert—circumvent—(a)a prohibition under division 8, subdivision 4 about political donations; or(b)an offence against this part related to making or accepting political donations or incurring electoral expenditure.
48Amendment of s 308 (Recovery of payments)(1)Section 308(1), ‘section 236(3), 271(6) or 276’—omit, insert—this Act(2)Section 308—insert—(3)The commission may deduct an amount payable by a person to the State under this Act from another amount payable by the commission to the person under this Act, including, for example—(a)an amount of election funding payable to the person under division 4; or(b)a policy development payment payable to the person under division 5.
49Omission of s 309 (Records to be kept)Section 309—omit.50Amendment of s 316 (Publishing of returns)Section 316(3)—insert—(c)details of an election participant’s State campaign account.
51Insertion of new s 388AAfter section 388—insert—388A Particular information may be made available for public inspection(1)This section applies if the commission—(a)is required to keep a register under this Act; or(b)receives a form under section 88 nominating a person as a candidate for an election; or(c)receives a notice under section 306A from a registered political party about the party’s endorsement, or proposed endorsement, of a person as a candidate for an election.
(2)The commission may make information from the register, form or notice available for public inspection, including, for example, by publishing the information on the commission’s website.(3)However, the commission must not make restricted information available for public inspection under subsection (2).(4)The following information is restricted information—(a)if the commission is informed that an individual identified in the document is a silent elector or enrolled on the electoral roll of the Commonwealth or another State with status equivalent or similar to a silent elector—the address of the individual;(b)the street address of another individual (but not the individual’s suburb, town, city or other locality, or State);(c)an individual’s date of birth;(d)an individual’s contact details, including, for example, a telephone number or email address, unless the individual has consented to the contact details being made public;(e)the details of a bank account of an entity, including a State campaign account kept under section 215.
(5)In this section—information, from a register, form or notice, includes—(a)a copy of—(i)a document included in the register; or(ii)the form or notice; and
(b)personal information about an individual.
personal information see the Information Privacy Act 2009, section 12.52Insertion of new pt 13, div 11Part 13—insert—Division 11Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019436Definitions for divisionIn this division—2020 election means—(a)the 2020 general election; or(b)a by-election held after the commencement and before the general election mentioned in paragraph (a).
2020 general election means the general election to be held, or held, in 2020.amended, for a provision of this Act, means the provision as in force after the commencement.amending Act means the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019.new, for a provision of this Act, means the provision as inserted into this Act by the amending Act.previous, for a provision of this Act, means the provision as in force from time to time before the commencement.437 Application of new s 201 to particular gifts(1)An amount forgiven on a loan mentioned in new section 201(2)(c)(ii) is a gift if the amount is forgiven after the commencement, even if the loan was made before the commencement.(2)An amount or service mentioned in new section 201(2)(e) is a gift if the amount was paid, or service was provided, under a sponsorship arrangement after the commencement, even if the sponsorship arrangement was entered into before the commencement.(3)New section 201(5) does not apply to a gift, or part of a gift, mentioned in new section 201(4) that was made before the commencement.438Appointment of agent(1)This section applies to the appointment of a person as the agent of a registered political party or a candidate in an election under part 11, division 2 as in force immediately before the commencement.(2)The appointment is not affected by the amendment of this Act by the amending Act.439Candidates for 2020 election(1)An individual is a candidate in a 2020 election, even if the individual announced or otherwise indicated the individual’s intended candidacy in the election in a relevant way before the commencement.(2)In this section— relevant way means a way stated in schedule 1, amended definition candidate, paragraph (b)(ii) or (iii).440State campaign accounts(1)This section applies to an entity if, under new section 197A, the entity—(a)is a participant in a 2020 election on the commencement; or(b)becomes a participant in a 2020 election after the commencement.
(2)If the election participant is a registered political party or a candidate mentioned in subsection (1)(a), the agent of the party or candidate must notify the commission of the details of the party’s State campaign account for the 2020 election within 14 days after the commencement, unless the agent has a reasonable excuse.Maximum penalty—20 penalty units.(3)New sections 214, 215, 221A and 221B apply to the election participant for a 2020 election.(4)Otherwise, new part 11, division 3 does not apply to the election participant for a 2020 election.(5)Despite new section 216, the following amounts may be paid into the election participant’s State campaign account—(a)money held by the election participant before the commencement;(b)if the election participant held other property before the commencement—any proceeds from the disposal of the property, whether the disposal happened before or after the commencement;(c)if the election participant held an investment before the commencement—a return on the investment, whether the return was received before or after the commencement;(d)if, after the commencement, the election participant used the proceeds or a return mentioned in paragraph (b) or (c) to purchase property or make an investment—any proceeds from the disposal of the property or a return on the investment.
441Election funding for 2020 election(1)For a claim for election funding that relates to a 2020 election—(a)despite new section 281, new section 199 applies to expenditure incurred before the commencement as if the expenditure were incurred after the commencement; and(b)previous section 222 continues to apply as if the amending Act had not been enacted.
(2)If a by-election is held before 1 July 2020, previous section 225 continues to apply for working out an amount of election funding payable for the by-election as if the amending Act had not been enacted.(3)If an extraordinary general election is held before 1 July 2020, amended section 225 applies for working out an amount of election funding payable for the election as if the election were held in the financial year that starts on 1 July 2020.442Existing entitlements to policy development payments for 2019–2020 financial year(1)This section applies if, under previous part 11, division 5, a registered political party was entitled to a policy development payment for the 2019–2020 financial year.(2)Previous part 11, division 5 continues to apply as if the amending Act had not been enacted in relation to the instalment of the policy development payment that would have been payable to the registered political party on or before 31 July 2020.(3)Without limiting subsection (2)—(a)the commission must pay the instalment to the registered political party on or before 31 July 2020; and(b)the agent of a registered political party may apply to the commission under previous section 242 for the commission to reconsider a decision mentioned in that section in relation to the instalment; and(c)if an application mentioned in paragraph (b) is made—previous sections 243 and 244 apply for the application.
(4)Despite the Acts Interpretation Act 1954, section 20, the registered political party is no longer entitled to be paid the instalment of the policy development payment that would have been payable to the registered political party on or before 31 January 2021 under previous part 11, division 5.(5)In this section—2019–2020 financial year means the financial year that started on 1 July 2019.443 Commencement of policy development payments under new pt 11, div 5New part 11, division 5 does not apply to the 6-month period that started on 1 January 2020.Note—The first policy development payments payable under new part 11, division 5 are for the 6-month period that starts on 1 July 2020.444Caps for political donations do not apply to 2020 electionNew part 11, division 6 does not apply in relation to a 2020 election.445Electoral expenditure for 2020 election—caps (1)Despite new section 280, the capped expenditure period for the 2020 general election starts on the earlier of the following days—(a)30 March 2020;(b)if the election is an extraordinary general election and the writ for the election is issued before 30 March 2020—the day the writ for the election is issued.
(2)New section 199 applies to expenditure incurred before the commencement as if the expenditure were incurred after the commencement.446Electoral expenditure for 2020 election—disclosureNew section 283 does not apply in relation to electoral expenditure incurred for a 2020 election before the commencement.447Returns by associated entitiesNew section 294 does not apply to a loan made to an associated entity before the commencement.448Existing recordsPrevious section 309 continues to apply to a record that, immediately before the commencement, was required to be kept under that section as if the amending Act had not been enacted.53Insertion of new sch 1After part 13—insert—Schedule 1Dictionarysection 2Part 2Amendment of Electoral Regulation 201354Regulation amendedThis part amends the Electoral Regulation 2013.55Insertion of new s 11AAfter section 11—insert—11A Prescribed details for application for registration of third party for an election—Act, s 299For section 299(2)(b) of the Act, the following details are prescribed—(a)the election to which the application relates;(b)in relation to the third party—(i)if the third party is an individual—(A)date of birth; and(B)address as shown on the electoral roll; and
(ii)if the third party is not an individual—ABN or ACN; and(iii)business address; and(iv)telephone number and email address.
Part 3Other amendments56Acts amendedSchedule 1 amends the Acts it mentions.Chapter 3Amendments relating to signage at State elections57Act amendedThis chapter amends the Electoral Act 1992.Note—See also the amendments in chapter 2, part 1 and schedule 1.58Insertion of new pt 10, div 2APart 10—insert—Division 2AOffences relating to signage at polling boothsSubdivision 1Interpretation185A Definitions for divisionIn this division—designated entrance, to grounds on which a pre-poll voting office or ordinary polling booth is located, see section 185D.election sign see section 185B.grounds means land that has a boundary fence or another structure or feature to mark the boundary of the land.official sign means a sign for an election prepared by, or with the authority of, the commission.primary election, for a pre-poll voting office or ordinary polling booth, see section 185E.restricted signage area, for a pre-poll voting office or ordinary polling booth, see section 185C.185B Meaning of election sign(1)An election sign is a sign, including a continuous sign, that—(a)contains anything that could—(i)influence an elector in relation to voting at an election; or(ii)otherwise affect the result of an election; or
(b)is the colour or colours that are ordinarily associated with a registered political party; orExample—streamers in the colours that are ordinarily associated with a registered political party(c)is prescribed by regulation to be an election sign.
(2)However, none of the following things that contain something, or are of a colour, mentioned in subsection (1)(a) or (b) is an election sign—(a)an official sign;(b)an item of clothing being worn by a person;(c)an umbrella or portable shade structure;(d)a small thing, including, for example, a lapel pin, a badge, a hat, a pen or pencil, or a sticker;(e)another thing prescribed by regulation.
(3)In this section—continuous sign means a sign comprised of a length of flexible material, including, for example—(a)a continuous piece of flexible material; or(b)1 or more pieces of flexible material joined into a continuous piece; or(c)bunting; or(d)streamers.
185C Meaning of restricted signage area for pre-poll voting office or ordinary polling booth(1)The restricted signage area for a pre-poll voting office or ordinary polling booth is the area—(a)within 100m of the building in which the voting compartments for the voting office or polling booth are located; and(b)if the building is located in grounds and the commission has designated entrances to the grounds under section 185D—(i)in the grounds; and(ii)on a boundary fence or another structure or feature that marks the boundary of the grounds; and(iii)within 100m of each designated entrance to the grounds.
(2)However, the restricted signage area for a pre-poll voting office or ordinary polling booth does not include premises in the area mentioned in subsection (1) that are—(a)used as a residence; or(b)lawfully occupied by a person, other than the commission, for a purpose that is not related to the voting office or polling booth being used for the election; or(c)used by a candidate in the election or a registered political party as an office.
185D Meaning of designated entrance to grounds(1)A designated entrance to grounds on which a pre-poll voting office or ordinary polling booth is located is an entrance to the grounds—(a)designated by the commission for this section; and(b)indicated by an official sign displayed at the entrance.
(2)In deciding whether to designate an entrance to grounds for a pre-poll voting office or ordinary polling booth under subsection (1), the commission must consider—(a)the routes that electors will use to access the voting office or polling booth, including paths, hallways and doorways; and(b)the need to ensure unobstructed access to the voting office or polling booth for electors.
185E Meaning of primary election for a pre-poll voting office or ordinary polling booth (1)A primary election for a pre-poll voting office or ordinary polling booth is—(a)the election for the electoral district in which the voting office or polling booth is located; or(b)if the commission has made a declaration under subsection (2) about the election for another electoral district—the election for the other electoral district.
(2)The commission may declare that the election for an electoral district being conducted at the pre-poll voting office or ordinary polling booth, other than the electoral district in which the voting office or polling booth is located, is a primary election being conducted at the voting office or polling booth.(3)The commission must publish a declaration made under subsection (2) in the ways the commission considers appropriate, including, for example—(a)on the commission’s website; or(b)by displaying an official sign at the pre-poll voting office or ordinary polling booth to which the declaration relates.
Subdivision 2Offences185F Displaying election signs at pre-poll voting office or ordinary polling booth(1)A person must not display an election sign in the restricted signage area of a pre-poll voting office or ordinary polling booth during voting hours unless the display of the sign is permitted under subsection (2).Maximum penalty—10 penalty units.(2)The display of an election sign is permitted if the sign is—(a)displayed in a designated area at the pre-poll voting office or ordinary polling booth; and(b)displayed by or for—(i)a candidate in a primary election being conducted at the voting office or polling booth; or(ii)a registered political party that has endorsed a candidate in a primary election being conducted at the voting office or polling booth; and
(c)1 of the maximum number of signs that may be displayed in each designated area by or for the candidate or party; and(d)no larger than 900mm by 600mm; and(e)not attached to a building, fence or other permanent structure; and(f)accompanied by a person who—(i)is responsible for the sign; and(ii)is at the voting office or polling booth.
(3)For subsection (2)(c), the maximum number of election signs that may be displayed in each designated area at the pre-poll voting office or ordinary polling booth by or for a candidate or a registered political party is—(a)for a candidate endorsed for election by a registered political party—2, less the number of signs displayed by the party; or(b)for a registered political party that has endorsed a candidate for election—2, less the number of signs displayed by any candidate endorsed by the party; or(c)otherwise—2.
(4)Also, for subsection (2)(c), an A-frame sign is taken to be 1 sign—(a)even though a sign may be displayed on each side of the A-frame sign; and(b)whether the same election sign, or different election signs, are displayed on the 2 sides of the A-frame sign.
(5)If a member of the commission’s staff considers a sign is displayed in contravention of subsection (1), the staff member may remove the sign.(6)In this section—designated area, for a pre-poll voting office or ordinary polling booth, means each of the following areas—(a)the area within 100m of the building within which the voting compartments for the voting office or polling booth are located;(b)if the building is located in grounds—the area within 100m of each designated entrance to the grounds.
185G Setting up to display election signs at ordinary polling booth(1)This section applies during the period that—(a)starts when the election period for an election starts; and(b)ends at 6a.m. on the polling day for the election.
(2)A person must not do any of the following in the area around an ordinary polling booth—(a)display an election sign;(b)set up a table, chair, umbrella, portable shade structure or other thing to be used for a purpose related to the election.
Maximum penalty—10 penalty units.(3)The area around an ordinary polling booth is the area—(a)within 100m of the building in which the voting compartments for an ordinary polling booth are to be located; and(b)if the building is located in grounds—(i)in the grounds; and(ii)on a boundary fence or another structure or feature that marks the boundary of the grounds; and(iii)within 100m of any entrance to the grounds.
(4)If a member of the commission’s staff considers a sign is displayed, or another thing is situated, in contravention of subsection (2), the staff member may remove the sign or other thing.59Amendment of sch 1 (Dictionary)Schedule 1, as inserted by this Act—insert—designated entrance, to grounds on which a pre-poll voting office or ordinary polling booth is located, for part 10, division 2A, see section 185D.election sign, for part 10, division 2A, see section 185B.grounds, for part 10, division 2A, see section 185A.official sign, for part 10, division 2A, see section 185A.primary election, for a pre-poll voting office or ordinary polling booth, for part 10, division 2A, see section 185E.restricted signage area, for a pre-poll voting office or ordinary polling booth, for part 10, division 2A, see section 185C.Chapter 4Amendments relating to dishonest conduct of MinistersPart 1Amendment of Integrity Act 200960Act amendedThis part amends the Integrity Act 2009.61Amendment of long titleLong title, after ‘issues’—insert—, to ensure Ministers and others appropriately manage conflicts of interest,62Insertion of new ch 3AAfter chapter 3—insert—Chapter 3AManaging conflicts of interestPart 1Ministers40AConflicts of interest(1)This section applies if a Minister has an interest that conflicts or may conflict with the discharge of the Minister’s responsibilities.(2)The Minister must not, with intent to dishonestly obtain a benefit for the Minister or another person, or to dishonestly cause a detriment to another person, fail to disclose the nature of the interest and conflict to—(a)for a conflict relating to a matter being considered by Cabinet—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier; or(b)for a conflict relating to a matter being considered by a committee of Cabinet—the committee or Cabinet or, for a Minister other than the Premier, the committee, Cabinet or the Premier; or(c)otherwise—Cabinet or, for a Minister other than the Premier, Cabinet or the Premier.
Maximum penalty—200 penalty units or 2 years imprisonment.(3)In this section—benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.detriment, caused to a person, includes detriment caused to a person’s property.40BProceeding for offence against s 40A(1)An offence against section 40A is a misdemeanour.(2)A proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions.(3)A proceeding for an offence against section 40A may be taken, at the election of the prosecution—(a)by way of summary proceeding under the Justices Act 1886; or(b)on indictment.
(4)However, a magistrate must not hear an indictable offence against section 40A summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.Note—For examples of exceptional circumstances, see the examples stated in the Criminal Code, section 552D(2).(5)If subsection (4) applies—(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and(b)the proceeding for the charge must be conducted as a committal proceeding; and(c)a plea of the defendant at the start of the hearing must be disregarded; and(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.
(6)A Magistrates Court that summarily deals with a charge of an offence against section 40A—(a)must be constituted by a magistrate; and(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.
(7)In this section—director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984.40CUse of information for investigation or prosecution(1)This section applies to information about a person given to the integrity commissioner under this Act, including, for example—(a)information given in a request for advice under chapter 3, part 2; and(b)information given in a meeting under chapter 3, part 3.
(2)The information may be—(a)recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 40A; and(b)given in a proceeding against a person for an offence against section 40A to the extent necessary to prosecute the person for the offence.
(3)Subsection (2) applies despite—(a)section 24; and(b)any other law, rule or practice to the contrary.
Part 2Statutory office holders63Omission of ch 4A, hdg (Declaration of interests by statutory office holders)Chapter 4A, heading—omit.64Amendment of s 72B (Definition for ch 4A)(1)Section 72B, heading, ‘ch 4A’—omit, insert—part(2)Section 72B, ‘chapter’—omit, insert—part65Relocation and renumbering of ss 72B–72DSections 72B to 72D—relocate to chapter 3A, part 2 as inserted by this Act, and renumber as sections 40D to 40F.66Amendment of s 85 (Annual reports of integrity commissioner)Section 85(2)(a) and (4)(a), ‘72C’—omit, insert—40E67Insertion of new ch 8, div 3Chapter 8—insert—Division 3Provision for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019102Application of s 40A to existing conflicts(1)This section applies if, on the commencement, a Minister has an interest that conflicts or may conflict with the discharge of the Minister’s responsibilities.(2)Section 40A applies in relation to the interest and the conflict.(3)However, the Minister does not contravene section 40A for a failure to disclose the interest or the conflict within the first month after the commencement.68Amendment of sch 1 (Statutory office holders for section 72C)(1)Schedule 1, heading, ‘72C’—omit, insert— 40E(2)Schedule 1, authorising provision, ‘72C(1)(a)’—omit, insert—40E(1)(a)69Amendment of sch 2 (Dictionary)Schedule 2, definition relevant Minister, ‘72B’—omit, insert—40DPart 2Amendment of Parliament of Queensland Act 200170Act amendedThis part amends the Parliament of Queensland Act 2001.71Amendment of s 47 (Other proceedings)(1)Section 47(1), ‘another Act’—omit, insert—an Act(2)Section 47, ‘other’—omit.72Amendment of s 69B (Statement of interests)(1)Section 69B(1), notes, note 2, after ‘section 37.’—insert—See also sections 69D and 47.(2)Section 69B(2), note, after ‘section 37.’—insert—See also sections 69D and 47.(3)Section 69B(4), note, after ‘section 37.’—insert—See also sections 69D and 47.73Insertion of new ss 69D–69FAfter section 69C—insert—69DDishonest disclosure or non-disclosure of interests(1)A Minister must not, with intent to dishonestly obtain a benefit for the Minister or another person, or to dishonestly cause a detriment to another person, contravene section 69B(1), (2) or (4).Maximum penalty—200 penalty units or 2 years imprisonment.(2)In this section—benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.detriment, caused to a person, includes detriment caused to a person’s property.69EProceeding for offence against s 69D(1)An offence against section 69D is a misdemeanour.(2)A proceeding for an offence against section 69D may be started only with the written consent of the director of public prosecutions.(3)A proceeding for an offence against section 69D may be taken, at the election of the prosecution—(a)by way of summary proceeding under the Justices Act 1886; or(b)on indictment.
(4)However, a magistrate must not hear an indictable offence against section 69D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.Note—For examples of exceptional circumstances, see the examples stated in the Criminal Code, section 552D(2).(5)If subsection (4) applies—(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and(b)the proceeding for the charge must be conducted as a committal proceeding; and(c)a plea of the defendant at the start of the hearing must be disregarded; and(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.
(6)A Magistrates Court that summarily deals with a charge of an offence against section 69D—(a)must be constituted by a magistrate; and(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.
(7)In this section—director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984.69FUse of evidence or information for investigation or prosecution(1)This section applies to the following—(a)evidence of anything said or done during proceedings in the Assembly;(b)any information given to the registrar under this part.
(2)The evidence or information may be—(a)recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 69D; and(b)given in a proceeding against a person for an offence against section 69D to the extent necessary to prosecute the person for the offence.
(3)Subsection (2) applies despite—(a)sections 8 and 36; and(b)any other law, rule or practice to the contrary.
Chapter 5Amendments relating to dishonest conduct of councillors and other local government mattersPart 1Amendment of City of Brisbane Act 201074Act amendedThis part amends the City of Brisbane Act 2010.75Amendment of s 4 (Local government principles underpin this Act)Section 4(2)(e), ‘and council employees’—omit, insert—, council employees and councillor advisors76Amendment of s 14 (Responsibilities of councillors)Section 14(4)(h), from ‘contract’—omit, insert—executive employees of the council under section 170.77Amendment of s 160 (When a councillor’s term ends)Section 160(b), after ‘regulation’—insert—under section 160AA78Amendment s 170 (Giving directions to council staff)(1)Section 170(1), ‘contract’—omit, insert—executive(2)Section 170(2), after ‘employee’—insert—, except in accordance with guidelines made under section 171A about the provision of administrative support to councillors(3)Section 170—insert—(3)A direction under subsection (1) must not be inconsistent with a resolution, or a document adopted by resolution, of the council.79Insertion of new s 171AAfter section 171—insert—171A Guidelines about provision of administrative support to councillors(1)The chief executive officer may make guidelines about the provision of administrative support by council employees to a councillor.(2)The guidelines must include— (a)when a councillor may be provided with administrative support by a council employee; and(b)how and when a councillor may give a direction to a council employee in relation to the provision of administrative support; and(c)a requirement that a councillor may give a direction to a council employee only if the direction relates directly to administrative support to be provided by the council employee to the councillor under the guidelines.
(3)A direction purportedly given by a councillor to a council employee is of no effect if the direction does not comply with the guidelines.80Omission of ss 173A and 173BSections 173A and 173B—omit.81Replacement of ch 6, pt 2, div 5A (Dealing with councillors’ personal interests in council matters)Chapter 6, part 2, division 5A—omit, insert—Division 5ACouncillors’ conflicts of interestSubdivision 1Preliminary177A Purpose of divisionThe purpose of this division is to ensure that if a councillor has a personal interest in a matter, the council deals with the matter in an accountable and transparent way that meets community expectations.177B When does a person participate in a decisionIn this division, a reference to a councillor or other person participating in a decision includes a reference to the councillor or other person—(a)considering, discussing or voting on the decision in a council meeting; and(b)considering or making the decision under—(i)an Act; or(ii)a delegation; or(iii)another authority.
177C Personal interests in ordinary business matters of council(1)This division does not apply in relation to a conflict of interest in a matter if the matter—(a)is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or(b)is solely, or relates solely to, making a planning scheme that applies to the whole of Brisbane; or(c)is solely, or relates solely to, a resolution required for the adoption of a budget for the council; or(d)is solely, or relates solely to—(i)the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or(ii)the provision of superannuation entitlements or public liability, professional indemnity or accident insurance for councillors; or(iii)a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council.
(2)Also, this division does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the council to be a member of the board of the corporation or association. (3)However, if a councillor decides to voluntarily comply with this division in relation to personal interests of the councillor in the matter—(a)the personal interests are taken to be a declarable conflict of interest; and(b)this division applies as if eligible councillors had, under section 177O(2), decided the councillor has a declarable conflict of interest in the matter.
Note—See section 177P for requirements for dealing with a conflict of interest mentioned in this subsection.Subdivision 2Prescribed conflicts of interest177D When councillor has prescribed conflict of interest—particular gifts or loans(1)A councillor has a prescribed conflict of interest in a matter if—(a)a gift or loan is given by an entity (the donor) that has an interest in the matter in a circumstance mentioned in subsection (2); and(b)the gift or loan is given during the relevant term for the councillor; and(c)all gifts or loans given by the donor during the councillor’s relevant term in the same circumstance mentioned in subsection (2) total $2,000 or more.
(2)For subsection (1)(a), the circumstances are—(a)where—(i)the donor gives the gift or loan to the councillor; and(ii)the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011, part 6; or
(b)where—(i)the donor gives the gift or loan to a group of candidates or a political party for an election, of which the councillor is a member; and(ii)the councillor is a candidate in the election; and(iii)the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011, part 6 or the Electoral Act, part 11, division 11; or
(c)where the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b).
(3)For working out the total gifts or loans given to a group of candidates or a political party, the amount of each gift or loan given to the group or political party must first be divided by the number of candidates in the group or political party. 177E When councillor has prescribed conflict of interest—sponsored travel or accommodation benefits(1)A councillor has a prescribed conflict of interest in a matter if—(a)a sponsored travel or accommodation benefit is given by an entity (the donor) that has an interest in the matter to—(i)the councillor; or (ii)a close associate of the councillor; and
(b)the sponsored travel or accommodation benefit is given— (i)during the relevant term for the councillor; and(ii)while the councillor holds office as councillor; and
(c)all sponsored travel or accommodation benefits given to the councillor or close associate during the councillor’s relevant term total $2,000 or more.
(2)In this section—employment-related or upgraded, in relation to a person’s travel or accommodation, means—(a)the travel or accommodation is paid for by the State or a local government; or(b)the travel or accommodation—(i)is undertaken or used by the person in the course of the person’s employment; and(ii)is contributed to, whether financially or non-financially, by the person’s employer; or
(c)if the person is a director of a corporation— the travel or accommodation—(i)is undertaken or used by the person in the course of carrying out the person’s duties as a director; and(ii)is contributed to, whether financially or non-financially, by the corporation; or
(d)if the travel is airline travel—an upgrade to the travel is given by the provider of the travel for no charge; orExample—a free air travel upgrade to business class(e)an upgrade to the accommodation is given by the provider of the accommodation for no charge.Example—a free accommodation upgrade to a larger room
177F When councillor has prescribed conflict of interest—otherA councillor has a prescribed conflict of interest in a matter if—(a)the matter is or relates to a contract between the council and the councillor, or a close associate of the councillor, for—(i)the supply of goods or services to the council; or(ii)the lease or sale of assets by the council; or
(b)the chief executive officer is a close associate of the councillor and the matter is or relates to the appointment, discipline, termination, remuneration or other employment conditions of the chief executive officer; or(c)the matter is or relates to an application made to the council for the grant of a licence, permit, registration or approval or consideration of another matter under a local government related law, if—(i)the application was made to the council by the councillor or a close associate of the councillor; or(ii)the councillor or a close associate of the councillor makes or has made a written submission to the council in relation to the application before it is or was decided.
177G Who is a close associate of a councillor(1)A person is a close associate of a councillor if the person is any of the following in relation to the councillor—(a)a spouse;(b)a parent, child or sibling;(c)a partner in a partnership;(d)an employer, other than a government entity;(e)an entity, other than a government entity, for which the councillor is an executive officer or board member;(f)an entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act, section 9.
(2)However, a parent, child or sibling is a close associate of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the parent’s, child’s or sibling’s involvement in the matter.177H Councillor must not participate in decisions(1)If a councillor has a prescribed conflict of interest in a matter, the councillor must not participate in a decision relating to the matter. Note—Contravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.(2)However, the councillor does not contravene subsection (1) by participating in a decision under an approval given under section 177S. 177I Obligation of councillor with prescribed conflict of interest(1)This section applies to a councillor if—(a)the councillor may participate, or is participating, in a decision about a matter; and(b)the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.
(2)If the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a council meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4).(3)If subsection (2) does not apply, the councillor must—(a)as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4); and(b)give notice of the prescribed conflict of interest, including the particulars stated in subsection (4), at—(i)the next meeting of the council; or(ii)if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.
Note—Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.(4)For subsections (2) and (3), the particulars for the prescribed conflict of interest are the following—(a)for a gift, loan or contract—the value of the gift, loan or contract; (b)for an application for which a submission has been made—the matters the subject of the application and submission;(c)the name of any entity, other than the councillor, that has an interest in the matter;(d)the nature of the councillor’s relationship with the entity mentioned in paragraph (c);(e)details of the councillor’s, and any other entity’s, interest in the matter.
177J Dealing with prescribed conflict of interest at a meeting(1)This section applies if a councillor gives a notice at, or informs, a meeting of the councillor’s prescribed conflict of interest in a matter.(2)The councillor must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.Maximum penalty—200 penalty units or 2 years imprisonment.(3)However, the councillor does not contravene subsection (2) by participating in a decision or being present under an approval given under section 177S.Subdivision 3Declarable conflicts of interest177K What is a declarable conflict of interestSubject to section 177L, a councillor has a declarable conflict of interest in a matter if—(a)the councillor has, or could reasonably be presumed to have, a conflict between the councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest; and(b)because of the conflict, the councillor’s participation in a decision about the matter might lead to a decision that is contrary to the public interest.
177L Interests that are not declarable conflicts of interest(1)A councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if—(a)the conflict of interest is a prescribed conflict of interest in the matter; or(b)the conflict of interest arises solely because—(i)the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or(ii)the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or(iii)the councillor, or a related party of the councillor, is a member of a political party; or(iv)the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or
(c)the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or(d)the councillor, or a related party of the councillor, stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in Brisbane stand to gain or lose; or(e)the conflict of interest arises solely because the councillor, or a related party of the councillor—(i)receives a gift, loan or sponsored travel or accommodation benefit from an entity in circumstances that would constitute a prescribed conflict of interest if the gifts, loans or sponsored travel or accommodation benefits were to total $2,000 or more during the councillor’s relevant term; but(ii)the gifts, loans or sponsored travel or accommodation benefits total $500 or less during the councillor’s relevant term; or
(f)the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor.
(2)For subsection (1)(e), for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 177D or 177E to a close associate of a councillor is taken to be a reference to a related party of the councillor.(3)In this section—patron, of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative.177M Who is a related party of a councillor(1)A person is a related party of a councillor if the person is any of the following in relation to the councillor—(a)an entity in which the councillor, or a person mentioned in paragraph (b), (c) or (d), has an interest;(b)a close associate of the councillor, other than an entity mentioned in section 177G(1)(f);(c)a parent, child or sibling of the councillor’s spouse;(d)a person who has a close personal relationship with the councillor.
(2)However, a parent, child or sibling of the councillor’s spouse, or a person who has a close personal relationship with the councillor, is a related party of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the parent’s, child’s, sibling’s or person’s involvement in the matter.177N Obligation of councillor with declarable conflict of interest(1)This section applies to a councillor if—(a)the councillor may participate, or is participating, in a decision about a matter; and(b)the councillor becomes aware the councillor has a declarable conflict of interest in the matter.
(2)If the councillor first becomes aware the councillor has the declarable conflict of interest at a council meeting, the councillor— (a)must stop participating, and must not further participate, in a decision relating to the matter; and(b)must immediately inform the meeting of the declarable conflict of interest, including the particulars stated in subsection (4).
(3)If subsection (2) does not apply, the councillor—(a)must stop participating, and must not further participate, in a decision relating to the matter; and(b)as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4); and(c)must give notice of the declarable conflict of interest, including the particulars stated in subsection (4), at—(i)the next meeting of the council; or(ii)if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.
Note—Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.(4)For subsections (2) and (3), the particulars for the declarable conflict of interest are the following—(a)the nature of the declarable conflict of interest; (b)if the declarable conflict of interest arises because of the councillor’s relationship with a related party—(i)the name of the related party; and(ii)the nature of the relationship of the related party to the councillor; and(iii)the nature of the related party’s interests in the matter;
(c)if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person—(i)the name of the other person; and(ii)the nature of the relationship of the other person to the councillor or related party; and(iii)the nature of the other person’s interests in the matter; and(iv)the value of the gift or loan, and the date the gift was given or loan was made.
(5)A councillor does not contravene subsection (2)(a) or (3)(a) if—(a)the councillor has otherwise complied with this section; and(b)either—(i)a decision has been made under section 177P(3)(a)(i) or (b)(i) that the councillor may participate in the decision despite having a declarable conflict of interest in the matter; or(ii)the councillor is participating in the decision under an approval given under section 177S.
177O Procedure if meeting informed of councillor’s personal interests(1)This section applies if a council meeting is informed that a councillor has personal interests in a matter by a person other than the councillor.(2)The eligible councillors at the meeting must decide whether the councillor has a declarable conflict of interest in the matter.177P Procedure if councillor has declarable conflict of interest(1)This section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 177N(2) or (3) or decided by eligible councillors at a meeting under section 177O(2). (2)However, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision.(3)The eligible councillors at the meeting must, by resolution, decide—(a)for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor—(i)may participate in the decision despite the councillor’s conflict of interest; or(ii)must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or
(b)for another matter, whether the councillor—(i)may participate in a decision about the matter at the meeting, including by voting on the matter; or (ii)must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.
(4)The eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3)(a)(i) or (b)(i).Example—The eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3)(b)(i), but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on.(5)The councillor must comply with—(a)a decision under subsection (3)(a)(ii) or (b)(ii); or(b)any conditions imposed on a decision under subsection (4).
Maximum penalty—100 penalty units or 1 year’s imprisonment.(6)However, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 177S.177Q Decisions of eligible councillors(1)A decision by eligible councillors may be made under section 177O or 177P, other than in relation to a matter mentioned in section 177R, even if—(a)the number of eligible councillors is less than a majority; or(b)the eligible councillors do not form a quorum for the meeting.
(2)The councillor who is the subject of the decision may remain at the meeting while the decision is made, but can not vote or otherwise participate in the making of the decision, other than by answering a question put to the councillor necessary to assist the eligible councillors to make the decision.(3)If the eligible councillors can not make a decision under section 177O or 177P, the eligible councillors are taken to have decided under section 177P(3)(a)(ii) or (b)(ii) that the councillor must leave, and stay away from, the place where the meeting is being held while the eligible councillors discuss and vote on the matter.(4)A decision about a councillor under section 177O or 177P for a matter applies in relation to the councillor for participating in the decision, and all subsequent decisions, about the matter.Subdivision 4Other matters177R Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest(1)This section applies in relation to a meeting if— (a)a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and(b)there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.
(2)The council must do 1 of the following—(a)delegate deciding the matter under section 238, unless the matter can not be delegated under that section; (b)decide, by resolution, to defer the matter to a later meeting;(c)decide, by resolution, not to decide the matter and take no further action in relation to the matter.
(3)The council must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.(4)A councillor does not contravene section 177H(1), 177J(2), 177N(2)(a) or (3)(a) or 177P(5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or deferring the matter to a later meeting under subsection (2).177S Minister’s approval for councillor to participate or be present to decide matter(1)The Minister may, by signed notice given to a councillor, approve the councillor participating in deciding a matter in a meeting, including being present while the matter is discussed and voted on, if—(a)the matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 177R(1); and(b)deciding the matter can not be delegated under section 238.
(2)The Minister may give the approval subject to the conditions stated in the notice.177T Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest(1)This section applies if a councillor reasonably believes or reasonably suspects—(a)another councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 177H(1); or(b)another councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 177N(2)(a) or (3)(a).
(2)The councillor who has the belief or suspicion must—(a)if the belief or suspicion arises in a council meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or(b)otherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.
(3)The councillor must also inform the person presiding, or the chief executive officer, of the facts and circumstances forming the basis of the belief or suspicion.Note—Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(v) of that Act.177U Obligation of councillor if conflict of interest reported under s 177T(1)If, under section 177T, a councillor (the informing councillor) informs the person presiding at a council meeting of a belief or suspicion about another councillor (the relevant councillor), the relevant councillor must do 1 of the following—(a)if the relevant councillor has a prescribed conflict of interest—comply with section 177I(2);(b)if the relevant councillor has a declarable conflict of interest—comply with section 177N(2);(c)if the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.
(2)If subsection (1)(c) applies— (a)the informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and(b)the eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.
(3)If the eligible councillors at the meeting decide the relevant councillor has a prescribed conflict of interest in the matter, section 177J is taken to apply to the relevant councillor for the matter.(4)If the eligible councillors decide the relevant councillor has a declarable conflict of interest in the matter, sections 177N(2) and 177P are taken to apply in relation to the relevant councillor for the matter.177V Offence to take retaliatory actionA person must not, because a councillor complied with section 177T—(a)prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or(b)intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or(c)take any action that is, or is likely to be, detrimental to the councillor or another person.
Maximum penalty—167 penalty units or 2 years imprisonment.177W Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others(1)This section applies to a councillor who has a prescribed conflict of interest or declarable conflict of interest in a matter.(2)The councillor must not direct, influence, attempt to influence, or discuss the matter with, another person who is participating in a decision of the council relating to the matter.Note—Contravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.(3)A councillor does not contravene subsection (2) solely by participating in a decision relating to the matter, including by voting on the matter, if the participation is—(a)permitted under a decision mentioned in section 177P(3)(a)(i) or (b)(i); or(b)approved under section 177S.
(4)A councillor does not contravene subsection (2) solely because the councillor gives the chief executive officer the following information in compliance with this division—(a)factual information about a matter;(b)information that is required to be given to the council about a matter, including in an application, to enable the council to decide the matter.
177X Records about prescribed conflicts of interest or declarable conflicts of interest—meetings(1)Subsection (2) applies if a councillor gives notice to, or informs, a council meeting that the councillor, or another councillor, has a prescribed conflict of interest or declarable conflict of interest in a matter.(2)The following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—(a)the names of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest; (b)the particulars of the prescribed conflict of interest or declarable conflict of interest; (c)if section 177U applies—(i)the action the councillor takes under section 177U(1); and(ii)any decision made by the eligible councillors under section 177U(2);
(d)whether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 177S;(e)for a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.
(3)Subsection (4) applies if the councillor has a declarable conflict of interest. (4)In addition to the information mentioned in subsection (2), the following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—(a)for a decision under section 177O(2)—the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted;(b)for a decision under section 177P—(i)the decision, and reasons for the decision; and(ii)the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.
82Amendment of ch 6, pt 4 hdg (Council employees)Chapter 6, part 4, heading, after ‘employees’—insert—, councillor advisors etc.83Amendment of s 192 (Appointing senior contract employees)(1)Section 192, heading, ‘contract’—omit, insert—executive(2)Section 192(1) and (2), ‘contract’—omit, insert—executive(3)Section 192(3) and (4)—omit.84Amendment of s 193 (Appointing other council employees)Section 193(3), ‘contract’—omit, insert—executive85Insertion of new ch 6, pt 4, div 2AChapter 6, part 4—insert—Division 2ACouncillor advisors194A Appointment and functions of councillor advisors(1)The council may, by resolution, allow a councillor to appoint 1 or more appropriately qualified persons (each a councillor advisor) to assist the councillor in performing responsibilities under this Act.Examples of assistance—administrative support, coordinating media activities, event management functions, policy development, office management(2)However, the councillor must not appoint a close associate of the councillor as a councillor advisor.(3)If the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the council.(4)The contract of employment must provide for—(a)the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and(b)the councillor advisor’s functions and key responsibilities; and(c)a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under the Local Government Act, section 197C; and(d)when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.
(5)The councillor advisor’s functions and responsibilities can not include—(a)carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or(b)directing a council employee.
(6)The councillor who appointed the councillor advisor may give a direction to the councillor advisor.(7)A regulation may—(a)prescribe the number of councillor advisors each councillor may appoint; or(b)limit the functions and key responsibilities that may be provided for in a councillor advisor’s contract of employment.
194B When appointment ends(1)A councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions—(a)section 197(2) or (4);(b)section 198D;(c)section 198F(2) or (3);(d)section 215(1).
(2)Also, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens—(a)the term of the councillor who appointed the councillor advisor ends; (b)the councillor who appointed the councillor advisor is suspended.
86Amendment of s 196 (Improper conduct by council employees)(1)Section 196(1) and (2)—omit, insert—(1)This section applies to the following persons—(a)a council employee;(b)a contractor of the council;(c)another type of person prescribed by regulation.
(2)Section 196(3), from ‘A council’ to ‘a council employee’—omit, insert—The person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1)(a), (b) or (c)(3)Section 196(4), ‘subsection (3)’—omit, insert—subsection (2)(4)Section 196(5), ‘A council employee’—omit, insert—The person(5)Section 196(5), penalty, ‘for subsection (5)’—omit.(6)Section 196(3) to (5)—renumber as section 196(2) to (4).87Amendment of s 197 (Use of information by council employees)(1)Section 197, heading, after ‘employees’—insert—and councillor advisors(2)Section 197(1) and (2)—omit, insert—(1)This section applies to a person who is, or has been, any of the following—(a)a council employee;(b)a councillor advisor;(c)a contractor of the council;(d)another type of person prescribed by regulation.
(3)Section 197(3), from ‘A person’ to ‘employee to’—omit, insert—The person must not use information acquired as a person mentioned in subsection (1)(a), (b), (c) or (d) to(4)Section 197(4), ‘Subsection (3)’—omit, insert—Subsection (2)(5)Section 197(5), ‘A person who is, or has been, a council employee’—omit, insert—The person(6)Section 197(5), penalty, ‘for subsection (5)’—omit.(7)Section 197(3) to (5)—renumber as section 197(2) to (4).88Amendment of s 198 (Annual report must detail remuneration)(1)Section 198, heading, ‘remuneration’—omit, insert—particular information about council employees and councillor advisors(2)Section 198(1)(a), ‘(in the year to which the annual report relates)’—omit, insert—for the year(3)Section 198(1)—insert—(c)for each councillor—(i)the number of councillor advisors appointed by the councillor for the year; and (ii)the total remuneration payable to all councillor advisors appointed by the councillor for the year.
89Insertion of new ch 6, pt 4AChapter 6—insert—Part 4AObligations of councillors and councillor advisors198A Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment(1)This section applies if—(a)a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or(b)a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.
(2)The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed.Note—Contravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.(3)A person is related to a councillor if—(a)the person is the councillor’s spouse; or(b)the person is totally or substantially dependent on the councillor and—(i)the person is the councillor’s child; or(ii)the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.
(4)A person is related to a councillor advisor if—(a)the person is the advisor’s spouse; or(b)the person is totally or substantially dependent on the advisor and—(i)the person is the advisor’s child; or(ii)the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.
198B Obligation of councillor or councillor advisor to correct register of interests(1)This section applies if—(a)a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or(b)there is a change to the particulars required to be included in a register of interests under a regulation for—(i)a councillor or councillor advisor; or(ii)a person who is related to the councillor or advisor.
(2)The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens.Note—Contravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.198C Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interestsEach councillor and councillor advisor must, within 30 days after the end of each financial year, inform the chief executive officer, in the approved form, of the following—(a)if the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;(b)if there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;(c)if paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.
Note—Contravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(v) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.198D Dishonest conduct of councillor or councillor advisor(1)A person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to—(a)dishonestly obtain a benefit for the person or someone else; or(b)dishonestly cause a detriment to someone else.
Maximum penalty—200 penalty units or 2 years imprisonment.(2)In this section—benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.detriment, caused to a person, includes detriment caused to the person’s property.relevant integrity provision—(a)for a councillor, means each of the following provisions—(i)section 177H;(ii)section 177I;(iii)section 177N;(iv)section 177W;(v)section 198A;(vi)section 198B;(vii)section 198C;(viii)section 215, if the information mentioned in that section is given under section 198A, 198B or 198C; or
(b)for a councillor advisor, means each of the following provisions—(i)section 198A;(ii)section 198B;(iii)section 198C;(iv)section 215, if the information mentioned in that section is given under section 198A, 198B or 198C.
198E Proceeding for offence against s 198D(1)An offence against section 198D is a misdemeanour.(2)A proceeding for an offence against section 198D may be started only with the written consent of the director of public prosecutions.(3)A proceeding for an offence against section 198D may be taken, at the election of the prosecution—(a)by way of summary proceeding under the Justices Act 1886; or(b)on indictment.
(4)However, a magistrate must not hear an indictable offence against section 198D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.Note—For examples of exceptional circumstances, see the examples stated in the Criminal Code, section 552D(2).(5)If subsection (4) applies—(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and(b)the proceeding for the charge must be conducted as a committal proceeding; and(c)a plea of the defendant at the start of the hearing must be disregarded; and(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.
(6)A Magistrates Court that summarily deals with a charge of an offence against section 198D—(a)must be constituted by a magistrate; and(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.
(7)In this section—director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984.198F Prohibited conduct by councillor or councillor advisor in possession of inside information(1)This section applies to a person (the insider) who is, or has been, a councillor or councillor advisor if the insider—(a)acquired inside information as a councillor or councillor advisor; and(b)knows, or ought reasonably to know, the inside information is not generally available to the public.
(2)The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset.Maximum penalty—1,000 penalty units or 2 years imprisonment. (3)The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset.Maximum penalty—1,000 penalty units or 2 years imprisonment. (4)In this section—cause, in relation to an action, includes the following—(a)carry out the action; (b)instigate the action;(c)direct, or otherwise influence, another person to carry out or instigate the action.
corporate entity means a corporation owned by the council.inside information means information about any of the following—(a)the operations or finances of the council (including any business activity of the council) or any of its corporate entities;(b)a proposed policy of the council, including proposed changes to an existing policy;(c)a contract entered into, or proposed to be entered into, by the council or any of its corporate entities;(d)a tender process being conducted by or for the council or any of its corporate entities;(e)a decision, or proposed decision, of the council or any of its committees;(f)the exercise of a power, under a local government related law, by the council, a councillor or a council employee;(g)the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;(h)any legal or financial advice created for the council, any of its committees or any of its corporate entities.
90Amendment of s 215 (False or misleading information)Section 215(1), after the penalty—insert—Note—In certain circumstances this section is a relevant integrity provision for the offence against section 198D—see section 198D(2), definition relevant integrity provision.91Insertion of new ch 8, pt 11Chapter 8—insert—Part 11Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019294 Existing senior contract employees(1)Subsection (2) applies to a person who, immediately before the commencement, was a senior contract employee of the council if the person—(a)reported directly to the chief executive officer; and (b)held a position that would ordinarily be considered to be a senior position in the council’s corporate structure.
(2)On the commencement—(a)the person’s contract and conditions of employment continue; and(b)the person is taken to have been appointed by the council as a senior executive employee under section 192.
(3)Subsection (4) applies to a person who, immediately before the commencement, was a senior contract employee of the council other than a person mentioned in subsection (1). (4)On the commencement—(a)the person’s contract and conditions of employment continue; and(b)the person is taken to have been appointed by the chief executive officer as a council employee under section 193; and(c)section 193(4) does not apply in relation to the person’s employment.
295Proceedings for repealed integrity offences(1)This section applies in relation to an offence against a repealed integrity offence provision 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 Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019, sections 80 and 81 had not commenced.(3)From the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be—(a)an integrity offence for section 153(5); and(b)a disqualifying offence for section 153(6).
(4)In this section—repealed integrity offence provision means the following provisions as in force from time to time before the commencement—(a)section 173A(2) and (3);(b)section 173B(2);(c)section 177C(2);(d)section 177E(2) and (5);(e)section 177H;(f)section 177I(2) and (3).
296Continuation of Minister’s approval for councillor to participate or be present to decide matter(1)This section applies to a notice given before the commencement by the Minister to a councillor under section 177F, if the notice is in force immediately before the commencement.(2)The notice is taken to be a notice given to the councillor under section 177S.92Amendment of sch 1 (Serious integrity offences and integrity offences)(1)Schedule 1, part 1, before entry for Criminal Code—insert—This Act
198DDishonest conduct of councillor or councillor advisor
(2)Schedule 1, part 2, under heading ‘This Act’, entries for sections 173A(2) or (3), 173B(2), 177C(2), 177E(2) or (5), 177H and 177I(2) or (3)—omit.(3)Schedule 1, part 2, under heading ‘This Act’—insert—177J(2)Dealing with prescribed conflict of interest at a meeting
177VOffence to take retaliatory action
198F(2) or (3)Prohibited conduct by councillor or councillor advisor in possession of inside information
93Amendment of sch 2 (Dictionary)(1)Schedule 2, definition senior contract employee—omit.(2)Schedule 2, definitions conflict of interest, material personal interest, ordinary business matter, perceived conflict of interest and real conflict of interest—omit.(3)Schedule 2—insert—senior executive employee means an employee of the council—(a)who reports directly to the chief executive officer; and(b)whose position ordinarily would be considered to be a senior position in the council’s corporate structure.
(4)Schedule 2—insert—close associate, of a councillor, see section 177G.councillor advisor see section 194A(1).council meeting means a meeting of—(a)the council; or(b)a committee of the council.
declarable conflict of interest see sections 177K and 177L.eligible councillor, for a matter at a council meeting, means a councillor at the meeting who does not have a prescribed conflict of interest or declarable conflict of interest in the matter.executive officer, of an entity, means—(a)if the entity has a board or management committee—each member of the board or committee; or(b)each person, by whatever name called, who is concerned, or takes part, in the management of the entity.
gift includes—(a)a gift under the Local Government Electoral Act 2011, section 107; and(b)a gift that is required, under a regulation, to be recorded in a register of interests.
group of candidates see the Local Government Electoral Act 2011, schedule 2.interest means a financial or other interest.loan includes—(a)a loan under the Local Government Electoral Act 2011, section 106; and(b)a loan that is required, under a regulation, to be recorded in a register of interests.
prescribed conflict of interest see section 177D, 177E or 177F.related, for chapter 6, part 4A—(a)to a councillor—see section 198A(3); or(b)to a councillor advisor—see section 198A(4).
related party, of a councillor, see section 177M.relevant term, for a councillor, means the councillor’s current term of office and the period—(a)starting on the day after the conclusion of the quadrennial election held before the most recent quadrennial election; and(b)ending on the day immediately before the councillor’s current term of office started.
(5)Schedule 2, definition council employee, paragraph (b), ‘contract’—omit, insert—executivePart 2Amendment of Local Government Act 200994Act amendedThis part amends the Local Government Act 2009.95Amendment of s 4 (Local government principles underpin this Act)Section 4(2)(e), ‘and local government employees’—omit, insert—, local government employees and councillor advisors96Amendment of s 12 (Responsibilities of councillors)Section 12(4)(c)—omit, insert—(c)directing the chief executive officer of the local government under section 170;
97Amendment of s 123 (Suspending or dissolving a local government)(1)Section 123(3)(b), from ‘conclusion of’—omit, insert—earlier of—(i)the conclusion of a fresh election of councillors to be held on a stated date; or(ii)the conclusion of the next quadrennial election.
(2)Section 123(6)—omit.98Amendment of s 124 (Interim administrator acts for the councillors temporarily)Section 124(6), from ‘for the costs’—omit, insert—for the costs and expenses of—(a)the interim administrator; and(b)an advisory committee mentioned in subsection (10); and(c)a committee appointed for the interim administrator under chapter 6, part 7.
99Insertion of new s 124AAfter section 124—insert—124A Minister may appoint acting interim administrator(1)This section applies if—(a)an interim administrator is appointed to act in place of the councillors of a local government; and(b)during the interim administrator’s term—(i)there is a vacancy in the office of the interim administrator; or(ii)the interim administrator is absent or can not perform the duties of interim administrator.
(2)The Minister may appoint a person to act as the interim administrator.(3)Subject to any regulation made under section 124 for the interim administrator, the powers and responsibilities of the acting interim administrator may be limited by the Minister under the acting interim administrator’s instrument of appointment. (4)The person can not be appointed for more than 6 months in a 12-month period. (5)The Minister must publish, by gazette notice, the name of the acting interim administrator.100Amendment of s 150C (Definitions for chapter)Section 150C, definition local government meeting—omit.101Amendment of s 150L (What is misconduct)(1)Section 150L(1)(c)(iv)—omit, insert—(iv)section 150R(2), 150EK, 150EL, 150EQ, 150EW, 150EZ, 170(3), 171(3), 201A, 201B or 201C;
(2)Section 150L(1)(c)(v)—omit, insert—(v)the City of Brisbane Act 2010, section 170(2), 173(3), 177H, 177I, 177N, 177T, 177W, 198A, 198B or 198C.
102Amendment of s 150R (Local government official must notify assessor about particular conduct)Section 150R(2)—insert—Note—Contravention of subsection (2) by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv).103Amendment of s 150AY (Functions of investigators)(1)Section 150AY(b), second dot point—omit, insert—•section 150EM(2), 150ES(5), 150EY, 171(1), 201D or 201F(2) or (3)
(2)Section 150AY(b), fourth dot point—omit, insert—•the City of Brisbane Act 2010, section 173(1), 177J(2), 177P(5), 177V, 198D or 198F(2) or (3)
104Insertion of new ch 5BAfter chapter 5A—insert—Chapter 5BCouncillors’ conflicts of interestPart 1Preliminary150ED Purpose of chapterThe purpose of this chapter is to ensure that if a councillor has a personal interest in a matter, the local government deals with the matter in an accountable and transparent way that meets community expectations.150EE When does a person participate in a decisionIn this chapter, a reference to a councillor of a local government, or other person, participating in a decision includes a reference to the councillor or other person—(a)considering, discussing or voting on the decision in a local government meeting; and(b)considering or making the decision under—(i)an Act; or(ii)a delegation; or(iii)another authority.
150EF Personal interests in ordinary business matters of a local government(1)This chapter does not apply in relation to a conflict of interest in a matter if the matter—(a)is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or(b)is solely, or relates solely to, making a planning scheme that applies to the whole of the local government area; or(c)is solely, or relates solely to, a resolution required for the adoption of a budget for the local government; or(d)is solely, or relates solely to—(i)the remuneration or reimbursement of expenses of councillors or members of a committee of the local government; or(ii)the provision of superannuation entitlements or public liability, professional indemnity or accident insurance for councillors; or(iii)a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the local government.
(2)Also, this chapter does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the local government to be a member of the board of the corporation or association. (3)However, if a councillor decides to voluntarily comply with this chapter in relation to personal interests of the councillor in the matter—(a)the personal interests are taken to be a declarable conflict of interest; and(b)this chapter applies as if eligible councillors had, under section 150ER(2), decided the councillor has a declarable conflict of interest in the matter.
Note—See section 150ES for requirements for dealing with a conflict of interest mentioned in this subsection.Part 2Prescribed conflicts of interest150EG When councillor has prescribed conflict of interest—particular gifts or loans(1)A councillor has a prescribed conflict of interest in a matter if—(a)a gift or loan is given by an entity (the donor) that has an interest in the matter in a circumstance mentioned in subsection (2); and(b)the gift or loan is given during the relevant term for the councillor; and(c)all gifts or loans given by the donor during the councillor’s relevant term in the same circumstance mentioned in subsection (2) total $2,000 or more.
(2)For subsection (1)(a), the circumstances are—(a)where—(i)the donor gives the gift or loan to the councillor; and(ii)the gift or loan is required to be the subject of a return under the Local Government Electoral Act, part 6; or
(b)where—(i)the donor gives the gift or loan to a group of candidates or a political party for an election, of which the councillor is a member; and(ii)the councillor is a candidate in the election; and(iii)the gift or loan is required to be the subject of a return under the Local Government Electoral Act, part 6 or the Electoral Act, part 11, division 11; or
(c)where the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b).
(3)For working out the total gifts or loans given to a group of candidates or a political party, the amount of each gift or loan given to the group or political party must first be divided by the number of candidates in the group or political party. 150EH When councillor has prescribed conflict of interest—sponsored travel or accommodation benefits(1)A councillor has a prescribed conflict of interest in a matter if—(a)a sponsored travel or accommodation benefit is given by an entity (the donor) that has an interest in the matter to—(i)the councillor; or (ii)a close associate of the councillor; and
(b)the sponsored travel or accommodation benefit is given— (i)during the relevant term for the councillor; and(ii)while the councillor holds office as councillor; and
(c)all sponsored travel or accommodation benefits given to the councillor or close associate during the councillor’s relevant term total $2,000 or more.
(2)In this section—employment-related or upgraded, in relation to a person’s travel or accommodation, means—(a)the travel or accommodation is paid for by the State or a local government; or(b)the travel or accommodation—(i)is undertaken or used by the person in the course of the person’s employment; and(ii)is contributed to, whether financially or non-financially, by the person’s employer; or
(c)if the person is a director of a corporation— the travel or accommodation—(i)is undertaken or used by the person in the course of carrying out the person’s duties as a director; and(ii)is contributed to, whether financially or non-financially, by the corporation; or
(d)if the travel is airline travel—an upgrade to the travel is given by the provider of the travel for no charge; orExample—a free air travel upgrade to business class(e)an upgrade to the accommodation is given by the provider of the accommodation for no charge.Example—a free accommodation upgrade to a larger room
150EI When councillor has prescribed conflict of interest—otherA councillor has a prescribed conflict of interest in a matter if—(a)the matter is or relates to a contract between the local government and the councillor, or a close associate of the councillor, for—(i)the supply of goods or services to the local government; or(ii)the lease or sale of assets by the local government; or
(b)the chief executive officer is a close associate of the councillor and the matter is or relates to the appointment, discipline, termination, remuneration or other employment conditions of the chief executive officer; or(c)the matter is or relates to an application made to the local government for the grant of a licence, permit, registration or approval or consideration of another matter under a Local Government Act, if— (i)the application was made to the local government by the councillor or a close associate of the councillor; or(ii)the councillor or a close associate of the councillor makes or has made a written submission to the local government in relation to the application before it is or was decided.
150EJ Who is a close associate of a councillor(1)A person is a close associate of a councillor if the person is any of the following in relation to the councillor—(a)a spouse;(b)a parent, child or sibling;(c)a partner in a partnership;(d)an employer, other than a government entity;(e)an entity, other than a government entity, for which the councillor is an executive officer or board member; (f)an entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act, section 9.
(2)However, a parent, child or sibling is a close associate of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the parent’s, child’s or sibling’s involvement in the matter. 150EK Councillor must not participate in decisions(1)If a councillor has a prescribed conflict of interest in a matter, the councillor must not participate in a decision relating to the matter. Note—Contravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.(2)However, the councillor does not contravene subsection (1) by participating in the decision under an approval given under section 150EV. 150EL Obligation of councillor with prescribed conflict of interest(1)This section applies to a councillor if—(a)the councillor may participate, or is participating, in a decision about a matter; and(b)the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.
(2)If the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a local government meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4).(3)If subsection (2) does not apply, the councillor must—(a)as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4); and(b)give notice of the prescribed conflict of interest, including the particulars stated in subsection (4), at—(i)the next meeting of the local government; or(ii)if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.
Note—Contravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.(4)For subsections (2) and (3), the particulars for the prescribed conflict of interest are the following—(a)for a gift, loan or contract—the value of the gift, loan or contract; (b)for an application for which a submission has been made—the matters the subject of the application and submission;(c)the name of any entity, other than the councillor, that has an interest in the matter;(d)the nature of the councillor’s relationship with the entity mentioned in paragraph (c);(e)details of the councillor’s, and any other entity’s, interest in the matter.
150EM Dealing with prescribed conflict of interest at a meeting(1)This section applies if a councillor gives a notice at, or informs, a meeting of the councillor’s prescribed conflict of interest in a matter.(2)The councillor must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.Maximum penalty—200 penalty units or 2 years imprisonment.(3)However, the councillor does not contravene subsection (2) by participating in a decision or being present under an approval given under section 150EV.Part 3Declarable conflicts of interest150EN What is a declarable conflict of interestSubject to section 150EO, a councillor has a declarable conflict of interest in a matter if—(a)the councillor has, or could reasonably be presumed to have, a conflict between the councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest; and(b)because of the conflict, the councillor’s participation in a decision about the matter might lead to a decision that is contrary to the public interest.
150EO Interests that are not declarable conflicts of interest(1)A councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if— (a)the conflict of interest is a prescribed conflict of interest in the matter; or(b)the conflict of interest arises solely because—(i)the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or(ii)the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or(iii)the councillor, or a related party of the councillor, is a member of a political party; or(iv)the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or
(c)the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or(d)the councillor, or a related party of the councillor, stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in the local government area stand to gain or lose; or(e)the conflict of interest arises solely because the councillor, or a related party of the councillor—(i)receives a gift, loan or sponsored travel or accommodation benefit from an entity in circumstances that would constitute a prescribed conflict of interest if the gifts, loans or sponsored travel or accommodation benefits were to total $2,000 or more during the councillor’s relevant term; but(ii)the gifts, loans or sponsored travel or accommodation benefits total $500 or less during the councillor’s relevant term; or
(f)the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor.
(2)For subsection (1)(e), for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 150EG or 150EH to a close associate of a councillor is taken to be a reference to a related party of the councillor. (3)In this section—patron, of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative.150EP Who is a related party of a councillor(1)A person is a related party of a councillor if the person is any of the following in relation to the councillor—(a)an entity in which the councillor, or a person mentioned in paragraph (b), (c) or (d), has an interest;(b)a close associate of the councillor, other than an entity mentioned in section 150EJ(1)(f);(c)a parent, child or sibling of the councillor’s spouse;(d)a person who has a close personal relationship with the councillor.
(2)However, a parent, child or sibling of the councillor’s spouse, or a person who has a close personal relationship with the councillor, is a related party of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the parent’s, child’s, sibling’s or person’s involvement in the matter.150EQ Obligation of councillor with declarable conflict of interest(1)This section applies to a councillor if—(a)the councillor may participate, or is participating, in a decision about a matter; and(b)the councillor becomes aware the councillor has a declarable conflict of interest in the matter.
(2)If the councillor first becomes aware the councillor has the declarable conflict of interest at a local government meeting, the councillor— (a)must stop participating, and must not further participate, in a decision relating to the matter; and(b)must immediately inform the meeting of the declarable conflict of interest, including the particulars stated in subsection (4).
(3)If subsection (2) does not apply, the councillor—(a)must stop participating, and must not further participate, in a decision relating to the matter; and(b)as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4); and(c)must give notice of the declarable conflict of interest, including the particulars stated in subsection (4), at—(i)the next meeting of the local government; or(ii)if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.
Note—Contravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.(4)For subsections (2) and (3), the particulars for the declarable conflict of interest are the following—(a)the nature of the declarable conflict of interest; (b)if the declarable conflict of interest arises because of the councillor’s relationship with a related party—(i)the name of the related party; and(ii)the nature of the relationship of the related party to the councillor; and(iii)the nature of the related party’s interests in the matter;
(c)if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person—(i)the name of the other person; and(ii)the nature of the relationship of the other person to the councillor or related party; and(iii)the nature of the other person’s interests in the matter; and(iv)the value of the gift or loan, and the date the gift was given or loan was made.
(5)A councillor does not contravene subsection (2)(a) or (3)(a) if—(a)the councillor has otherwise complied with this section; and(b)either—(i)a decision has been made under section 150ES(3)(a)(i) or (b)(i) that the councillor may participate in the decision despite having a declarable conflict of interest in the matter; or(ii)the councillor is participating in the decision under an approval given under section 150EV.
150ER Procedure if meeting informed of councillor’s personal interests(1)This section applies if a local government meeting is informed that a councillor has personal interests in a matter by a person other than the councillor.(2)The eligible councillors at the meeting must decide whether the councillor has a declarable conflict of interest in the matter.150ES Procedure if councillor has declarable conflict of interest(1)This section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 150EQ(2) or (3) or decided by eligible councillors at a meeting under section 150ER(2). (2)However, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision.(3)The eligible councillors at the meeting must, by resolution, decide—(a)for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor—(i)may participate in the decision despite the councillor’s conflict of interest; or(ii)must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or
(b)for another matter, whether the councillor—(i)may participate in a decision about the matter at the meeting, including by voting on the matter; or (ii)must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.
(4)The eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3)(a)(i) or (b)(i).Example—The eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3)(b)(i), but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on.(5)The councillor must comply with—(a)a decision under subsection (3)(a)(ii) or (b)(ii); or(b)any conditions imposed on a decision under subsection (4).
Maximum penalty—100 penalty units or 1 year’s imprisonment.(6)However, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 150EV.150ET Decisions of eligible councillors(1)A decision by eligible councillors may be made under section 150ER or 150ES, other than in relation to a matter mentioned in section 150EU, even if—(a)the number of eligible councillors is less than a majority; or(b)the eligible councillors do not form a quorum for the meeting.
(2)The councillor who is the subject of the decision may remain at the meeting while the decision is made, but can not vote or otherwise participate in the making of the decision, other than by answering a question put to the councillor necessary to assist the eligible councillors to make the decision.(3)If the eligible councillors can not make a decision under section 150ER or 150ES, the eligible councillors are taken to have decided under section 150ES(3)(a)(ii) or (b)(ii) that the councillor must leave, and stay away from, the place where the meeting is being held while the eligible councillors discuss and vote on the matter.(4)A decision about a councillor under section 150ER or 150ES for a matter applies in relation to the councillor for participating in the decision, and all subsequent decisions, about the matter.Part 4Other matters150EU Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest(1)This section applies in relation to a meeting if— (a)a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and(b)there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.
(2)The local government must do 1 of the following—(a)delegate deciding the matter under section 257, unless the matter can not be delegated under that section; (b)decide, by resolution, to defer the matter to a later meeting; (c)decide, by resolution, not to decide the matter and take no further action in relation to the matter.
(3)The local government must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.(4)A councillor does not contravene section 150EK(1), 150EM(2), 150EQ(2)(a) or (3)(a) or 150ES(5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or deferring the matter to a later meeting under subsection (2).150EV Minister’s approval for councillor to participate or be present to decide matter(1)The Minister may, by signed notice given to a councillor, approve the councillor participating in deciding a matter in a meeting, including being present while the matter is discussed and voted on, if—(a)the matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 150EU(1); and(b)deciding the matter can not be delegated under section 257.
(2)The Minister may give the approval subject to the conditions stated in the notice.150EW Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest(1)This section applies if a councillor reasonably believes or reasonably suspects—(a)another councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 150EK(1); or(b)another councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 150EQ(2)(a) or (3)(a).
(2)The councillor who has the belief or suspicion must—(a)if the belief or suspicion arises in a local government meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or(b)otherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.
(3)The councillor must also inform the person presiding, or the chief executive officer, of the facts and circumstances forming the basis of the belief or suspicion.Note—Contravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(iv).150EX Obligation of councillor if conflict of interest reported under s 150EW(1)If, under section 150EW, a councillor (the informing councillor) informs the person presiding at a local government meeting of a belief or suspicion about another councillor (the relevant councillor), the relevant councillor must do 1 of the following—(a)if the relevant councillor has a prescribed conflict of interest—comply with section 150EL(2);(b)if the relevant councillor has a declarable conflict of interest—comply with section 150EQ(2);(c)if the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.
(2)If subsection (1)(c) applies— (a)the informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and(b)the eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.
(3)If the eligible councillors at the meeting decide the relevant councillor has a prescribed conflict of interest in the matter, section 150EM is taken to apply to the relevant councillor for the matter.(4)If the eligible councillors decide the relevant councillor has a declarable conflict of interest in the matter, sections 150EQ(2) and 150ES are taken to apply in relation to the relevant councillor for the matter.150EY Offence to take retaliatory actionA person must not, because a councillor complied with section 150EW—(a)prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or(b)intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or(c)take any action that is, or is likely to be, detrimental to the councillor or another person.
Maximum penalty—167 penalty units or 2 years imprisonment.150EZ Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others(1)This section applies to a councillor of a local government who has a prescribed conflict of interest or declarable conflict of interest in a matter.(2)The councillor must not direct, influence, attempt to influence, or discuss the matter with, another person who is participating in a decision of the local government relating to the matter.Note—Contravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.(3)A councillor does not contravene subsection (2) solely by participating in a decision relating to the matter, including by voting on the matter, if the participation is—(a)permitted under a decision mentioned in section 150ES(3)(a)(i) or (b)(i); or(b)approved under section 150EV.
(4)A councillor does not contravene subsection (2) solely because the councillor gives the chief executive officer the following information in compliance with this chapter—(a)factual information about a matter;(b)information that is required to be given to the local government about a matter, including in an application, to enable the local government to decide the matter.
150FA Records about prescribed conflicts of interest or declarable conflicts of interest—meetings(1)Subsection (2) applies if a councillor gives notice to, or informs, a local government meeting that the councillor, or another councillor, has a prescribed conflict of interest or declarable conflict of interest in a matter.(2)The following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—(a)the name of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest; (b)the particulars of the prescribed conflict of interest or declarable conflict of interest; (c)if section 150EX applies—(i)the action the councillor takes under section 150EX(1); and(ii)any decision made by the eligible councillors under section 150EX(2);
(d)whether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 150EV;(e)for a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.
(3)Subsection (4) applies if the councillor has a declarable conflict of interest. (4)In addition to the information mentioned in subsection (2), the following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—(a)for a decision under section 150ER(2)—the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted;(b)for a decision under section 150ES— (i)the decision and reasons for the decision; and(ii)the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.
105Amendment of s 160 (When a councillor’s term ends)Section 160(b), after ‘regulation’—insert—under section 160A106Replacement of s 161 (What this division is about)Section 161—omit, insert—161Meaning of termThe term of a local government is the period—(a)starting on the day when the last quadrennial election was held; and(b)ending on the day before the next quadrennial election is held.
107Amendment of s 163 (When a vacancy in an office must be filled)(1)Section 163(2), ‘office becomes vacant 6 months’—omit, insert—office, other than a mayor’s office, becomes vacant 3 months(2)Section 163—insert—(2A)If a mayor’s office becomes vacant before quadrennial elections are required to be held, the local government must fill the vacant office.(3)Section 163(3), ‘12 weeks’—omit, insert—2 months(4)Section 163(5), ‘office becomes vacant within 6 months’—omit, insert—office, other than a mayor’s office, becomes vacant within 3 months108Omission of s 164 (Filling a vacancy in the office of mayor)Section 164—omit.109Replacement of s 166 (Filling a vacancy in the office of another councillor)Section 166—omit, insert—166 Filling vacancy in office of mayor or other councillor of local government area divided into single-member divisions(1)This section applies if a local government is to fill a vacant office of the following (each a former councillor) during the first 36 months of the local government’s term—(a)a mayor;(b)a councillor for a local government area divided into single-member divisions.
(2)The vacant office must be filled by a by-election.166A Filling other vacancies in office of councillor(1)This section applies if a local government is to fill a vacant office of a councillor (the former councillor), other than a vacancy to which section 166 applies, during the first 36 months of the local government’s term.(2)The chief executive officer must ask the electoral commission to comply with subsection (3).(3)The electoral commission must—(a)give a vacancy notice to the runner-up who is first in the order of priority; and(b)if consent is not given by the runner-up on or before the deadline, give a vacancy notice to the runner-up who is next in the order of priority; and(c)if consent is not given by the runner-up who is next in the order of priority on or before the deadline, repeat the step mentioned in paragraph (b) until a runner-up consents to the appointment on or before the deadline for the runner-up.
(4)If a runner-up consents to the appointment on or before the deadline for the runner-up—(a)the electoral commission must notify the chief executive officer that the runner-up has consented; and(b)the local government must fill the vacant office by appointing the runner-up.
(5)If there are no runners-up remaining, the vacant office must be filled by a by-election.(6)The electoral commission may agree to extend the day and time stated in a vacancy notice if the electoral commission considers it reasonable to do so in the circumstances.(7)For deciding the order of priority, if 2 or more runners-up in a quadrennial election have an equal number of votes—(a)the electoral commission must, in the presence of 2 witnesses, follow the process stated in the Local Government Electoral Act, section 98(7)(a) to (g) and (8) for the runners-up; and(b)the runner-up whose name is recorded as mentioned in section 98(7)(g) of that Act is taken to be higher in the order of priority; and(c)the process mentioned in paragraph (a) must be repeated until the order of priority for each runner-up has been decided.
(8)The electoral commission must allow each runner-up mentioned in subsection (7), or their representative, to be present for the process mentioned in that subsection.(9)In this section—deadline, in relation to a runner-up giving consent, means—(a)the day and time stated in a vacancy notice given to the runner-up; or(b)if the day and time is extended under subsection (6)—day and time as extended.
order of priority, for runners-up in a quadrennial election, means the order of runners-up ranked according to the number of votes received by each runner-up in the election, starting with the runner-up who received the highest number of votes in the election.runner-up, for a vacant office of a councillor, means a person who was a candidate for the office in the last quadrennial election, other than—(a)the former councillor; or(b)a person who holds office as a councillor or mayor when the office becomes vacant.
vacancy notice, in relation to a runner-up, means a notice stating—(a)that the office of a former councillor is vacant; and(b)if the runner-up is qualified to be a councillor, the runner-up may consent to being appointed to the vacant office; and(c)the day and time by which consent must be given to the electoral commission.
166B Filling vacancy in office of mayor or other councillor during final part of local government’s term(1)This section applies if a local government is to fill a vacant office of a mayor or another councillor during the final part of a local government’s term.(2)The vacant office must be filled by the local government appointing, by resolution—(a)if the former councillor was the mayor—another councillor to the office; or(b)otherwise—a person who is—(i)qualified to be a councillor; and(ii)if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.
(3)For subsection (2)(b), if the person who is to be appointed must be a political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.(4)The request must be made by a notice given to the political party’s registered officer within 14 days after the office becomes vacant.(5)For subsection (2)(b), if the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations—(a)from any person who is qualified to be a councillor, by notice published—(i)on the local government’s website; and(ii)in other ways the chief executive officer considers appropriate; and
(b)from each person who was a candidate for the office of the former councillor at the most recent quadrennial election, by notice.
(6)If the chief executive officer receives any nominations from qualified persons or candidates, the local government must fill the vacant office by appointing 1 of those persons or candidates.(7)In this section—final part, of a local government’s term, means the period—(a)starting 36 months after the start of the term of the local government; and(b)ending on the day before the next quadrennial election is held.
110Amendment of s 170 (Giving directions to local government staff)Section 170(3), after ‘employee’—insert—, except in accordance with guidelines made under section 170AA about the provision of administrative support to councillors111Insertion of new s 170AAAfter section 170A—insert—170AA Guidelines about provision of administrative support to councillors(1)The chief executive officer of a local government may make guidelines about the provision of administrative support by local government employees to a councillor.(2)The guidelines must include— (a)when a councillor may be provided with administrative support by a local government employee; and(b)how and when a councillor may give a direction to a local government employee in relation to the provision of administrative support; and(c)a requirement that a councillor may give a direction to a local government employee only if the direction relates directly to administrative support to be provided by the local government employee to the councillor under the guidelines.
(3)A direction purportedly given by a councillor to a local government employee is of no effect if the direction does not comply with the guidelines.112Omission of ss 171A and 171BSections 171A and 171B—omit.113Omission of ch 6, pt 2, div 5A (Dealing with councillors’ personal interests in local government matters)Chapter 6, part 2, division 5A—omit.114Amendment of ch 6, pt 5 hdg (Local government employees)Chapter 6, part 5, heading, after ‘employees’—insert—, councillor advisors etc.115Insertion of new ch 6, pt 5, div 2AChapter 6, part 5—insert—Division 2ACouncillor advisors197A Appointment and functions of councillor advisors(1)A local government prescribed by regulation may, by resolution, allow a councillor to appoint 1 or more appropriately qualified persons (each a councillor advisor) to assist the councillor in performing responsibilities under this Act.Examples of assistance—administrative support, coordinating media activities, event management functions, policy development, office management(2)However, the councillor must not appoint a close associate of the councillor as a councillor advisor.(3)If the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the local government.(4)The contract of employment must provide for—(a)the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and(b)the councillor advisor’s functions and key responsibilities; and(c)a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under section 197C; and(d)when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.
(5)The councillor advisor’s functions and responsibilities can not include—(a)carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or(b)directing a local government employee.
(6)The councillor who appointed the councillor advisor may give a direction to the councillor advisor.(7)A regulation may—(a)prescribe the number of councillor advisors each councillor may appoint; or(b)limit the functions and key responsibilities that may be provided for in a councillor advisor’s contract of employment.
197B When appointment ends(1)A councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions—(a)section 200(2) or (4);(b)section 201D;(c)section 201F(2) or (3);(d)section 234(1).
(2)Also, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens—(a)the term of the councillor who appointed the councillor advisor ends;(b)the councillor who appointed the councillor advisor is suspended.
197C Minister to make councillor advisor code of conduct(1)The Minister must make a councillor advisor code of conduct that sets out standards of behaviour for councillor advisors in performing their functions for a local government or the council under this Act or the City of Brisbane Act 2010.(2)The councillor advisor code of conduct—(a)must be consistent with the local government principles; and(b)may contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.
(3)The approved councillor advisor code of conduct must be published on the department’s website.116Amendment of s 199 (Improper conduct by local government employees)(1)Section 199(1) and (2)—omit, insert—(1)This section applies to the following persons—(a)a local government employee;(b)a contractor of the local government;(c)another type of person prescribed by regulation.
(2)Section 199(3), from ‘A local government’ to ‘a local government employee’—omit, insert—The person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1)(a), (b) or (c)(3)Section 199(4), ‘subsection (3)’—omit, insert—subsection (2)(4)Section 199(5), ‘A local government employee’—omit, insert—The person(5)Section 199(3) to (5)—renumber as section 199(2) to (4).117Amendment of s 200 (Use of information by local government employees)(1)Section 200, heading, after ‘employees’—insert—and councillor advisors(2)Section 200(1) and (2)—omit, insert—(1)This section applies to a person who is, or has been, any of the following—(a)a local government employee;(b)a councillor advisor;(c)a contractor of the local government;(d)another type of person prescribed by regulation.
(3)Section 200(3), from ‘A person’ to ‘employee to’—omit, insert—The person must not use information acquired as a person mentioned in subsection (1)(a), (b), (c) or (d) to(4)Section 200(4), ‘Subsection (3)’—omit, insert—Subsection (2)(5)Section 200(5), ‘A person who is, or has been, a local government employee’—omit, insert—The person(6)Section 200(3) to (5)—renumber as section 200(2) to (4).118Amendment of s 201 (Annual report must detail remuneration)(1)Section 201, heading, ‘remuneration’—omit, insert—particular information about local government employees and councillor advisors(2)Section 201(1)(a), ‘(in the year to which the annual report relates)’—omit, insert—for the year(3)Section 201(1)—insert—(c)if the local government has resolved to allow a councillor to appoint councillor advisors—for each councillor—(i)the number of councillor advisors appointed by the councillor for the year; and(ii)the total remuneration payable to all councillor advisors appointed by the councillor for the year.
119Insertion of new ch 6, pt 5AChapter 6—insert—Part 5AObligations of councillors and councillor advisors201A Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment(1)This section applies if—(a)a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or(b)a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.
(2)The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed.Note—Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.(3)A person is related to a councillor if—(a)the person is the councillor’s spouse; or(b)the person is totally or substantially dependent on the councillor and—(i)the person is the councillor’s child; or(ii)the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.
(4)A person is related to a councillor advisor if—(a)the person is the advisor’s spouse; or(b)the person is totally or substantially dependent on the advisor and—(i)the person is the advisor’s child; or(ii)the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.
201B Obligation of councillor or councillor advisor to correct register of interests(1)This section applies if—(a)a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or(b)there is a change to the particulars required to be included in a register of interests under a regulation for—(i)a councillor or councillor advisor; or(ii)a person who is related to the councillor or advisor.
(2)The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens.Note—Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.201C Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interestsEach councillor and councillor advisor must, within 30 days after the end of each financial year, inform the chief executive officer, in the approved form, of the following—(a)if the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;(b)if there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;(c)if paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.
Note—Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L(1)(c)(iv). Also, this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.201D Dishonest conduct of councillor or councillor advisor(1)A person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to—(a)dishonestly obtain a benefit for the person or someone else; or(b)dishonestly cause a detriment to someone else.
Maximum penalty—200 penalty units or 2 years imprisonment.(2)In this section—benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.detriment, caused to a person, includes detriment caused to the person’s property.relevant integrity provision—(a)for a councillor, means each of the following provisions—(i)section 150EK;(ii)section 150EL;(iii)section 150EQ;(iv)section 150EZ;(v)section 201A;(vi)section 201B;(vii)section 201C;(viii)section 234, if the information mentioned in that section is given under section 201A, 201B or 201C; or
(b)for a councillor advisor, means each of the following provisions—(i)section 201A;(ii)section 201B;(iii)section 201C;(iv)section 234, if the information mentioned in that section is given under section 201A, 201B or 201C.
201E Proceeding for offence against s 201D(1)An offence against section 201D is a misdemeanour.(2)A proceeding for an offence against section 201D may be started only with the written consent of the director of public prosecutions.(3)A proceeding for an offence against section 201D may be taken, at the election of the prosecution—(a)by way of summary proceeding under the Justices Act 1886; or(b)on indictment.
(4)However, a magistrate must not hear an indictable offence against section 201D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.Note—For examples of exceptional circumstances, see the examples stated in the Criminal Code, section 552D(2).(5)If subsection (4) applies—(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and(b)the proceeding for the charge must be conducted as a committal proceeding; and(c)a plea of the defendant at the start of the hearing must be disregarded; and(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.
(6)A Magistrates Court that summarily deals with a charge of an offence against section 201D—(a)must be constituted by a magistrate; and(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.
(7)In this section—director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984.201F Prohibited conduct by councillor or councillor advisor in possession of inside information(1)This section applies to a person (the insider) who is, or has been, a councillor or councillor advisor if the insider—(a)acquired inside information as a councillor or councillor advisor; and(b)knows, or ought reasonably to know, the inside information is not generally available to the public.
(2)The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset.Maximum penalty—1,000 penalty units or 2 years imprisonment. (3)The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset.Maximum penalty—1,000 penalty units or 2 years imprisonment. (4)In this section—cause, in relation to an action, includes the following—(a)carry out the action; (b)instigate the action;(c)direct, or otherwise influence, another person to carry out or instigate the action.
corporate entity means a corporation owned by the local government.inside information, in relation to a local government, means information about any of the following—(a)the operations or finances of the local government (including any business activity of the local government) or any of its corporate entities;(b)a proposed policy of the local government, including proposed changes to an existing policy;(c)a contract entered into, or proposed to be entered into, by the local government or any of its corporate entities;(d)a tender process being conducted by or for the local government or any of its corporate entities;(e)a decision, or proposed decision, of the local government or any of its committees;(f)the exercise of a power, under a Local Government Act, by the local government, a councillor or a local government employee;(g)the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area;(h)any legal or financial advice created for the local government, any of its committees or any of its corporate entities.
120Amendment of s 207 (End of appointment of interim management)Section 207(c)—omit, insert—(c)at the conclusion of the earlier of—(i)a fresh election of the councillors of the local government; or(ii)the next quadrennial election.
121Amendment of s 234 (False or misleading information)Section 234(1), after the penalty—insert—Note—In certain circumstances this section is a relevant integrity provision for the offence against section 201D—see section 201D(2), definition relevant integrity provision.122Amendment of s 242 (Proceedings for indictable offences)Section 242—insert—(4)This section does not apply to a charge of an indictable offence against section 201D.123Insertion of new ch 9, pt 15Chapter 9—insert—Part 15Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019333Proceedings for repealed integrity offences (1)This section applies in relation to an offence against a repealed integrity offence provision 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 Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2019, sections 112 and 113 had not commenced.(3)From the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be—(a)an integrity offence for section 153(5); and(b)a disqualifying offence for section 153(6).
(4)In this section—repealed integrity offence provision means the following provisions as in force from time to time before the commencement—(a)section 171A(2) and (3);(b)section 171B(2);(c)section 175C(2);(d)section 175E(2) and (5);(e)section 175H;(f)section 175I(2) and (3).
334Continuation of Minister’s approval for councillor to participate or be present to decide matter(1)This section applies to a notice given before the commencement by the Minister to a councillor under section 175F, if the notice is in force immediately before the commencement.(2)The notice is taken to be a notice given to the councillor under section 150EV.124Amendment of sch 1 (Serious integrity offences and integrity offences)(1)Schedule 1, part 1, before entry for Criminal Code—insert—This Act
201DDishonest conduct of councillor or councillor advisor
(2)Schedule 1, part 2, under heading ‘This Act’, entries for sections 171A(2) or (3), 171B(2), 175C(2), 175E(2) or (5), 175H and 175I(2) or (3)—omit.(3)Schedule 1, part 2, under heading ‘This Act’—insert—150EM(2)Dealing with prescribed conflict of interest at a meeting
150EYOffence to take retaliatory action
201FProhibited conduct by councillor or councillor advisor in possession of inside information
125Amendment of sch 4 (Dictionary)(1)Schedule 4, definitions beginning, conflict of interest, final part, local government meeting, material personal interest, middle, ordinary business matter, perceived conflict of interest and real conflict of interest—omit.(2)Schedule 4—insert—close associate, of a councillor, see section 150EJ.councillor advisor see section 197A(1).declarable conflict of interest see sections 150EN and 150EO.eligible councillor, for a matter at a local government meeting, means a councillor at the meeting who does not have a prescribed conflict of interest or declarable conflict of interest in the matter.executive officer, of an entity, means—(a)if the entity has a board or management committee—each member of the board or committee; or(b)each person, by whatever name called, who is concerned, or takes part, in the management of the entity.
gift includes—(a)a gift under the Local Government Electoral Act, section 107; and(b)a gift that is required, under a regulation, to be recorded in a register of interests.
group of candidates see the Local Government Electoral Act, schedule 2.interest means a financial or other interest.loan includes—(a)a loan under the Local Government Electoral Act, section 106; and(b)a loan that is required, under a regulation, to be recorded in a register of interests.
local government meeting means a meeting of—(a)a local government; or(b)a committee of a local government.
prescribed conflict of interest see section 150EG, 150EH or 150EI.related, for chapter 6, part 5A—(a)to a councillor—see section 201A(3); or(b)to a councillor advisor—see section 201A(4).
related party, of a councillor, see section 150EP.relevant term, for a councillor, means the councillor’s current term of office, and the period—(a)starting on the day after the conclusion of the quadrennial election held before the most recent quadrennial election; and(b)ending on the day immediately before the councillor’s current term of office started.
term, of a local government, see section 161.Part 3Amendment of Local Government Electoral Act 2011126Act amendedThis part amends the Local Government Electoral Act 2011.127Amendment of s 43 (Register of group agents)Section 43(5)—omit.128Amendment of s 86 (Formal and informal ballot papers—optional-preferential voting)Section 86(3), from ‘as required by this Act’—omit, insert—the envelope must have been signed, and the signature witnessed, as required under this part. 129Amendment of s 92 (Preliminary counting of ordinary votes)Section 92(11), ‘The’—omit, insert—If the presiding officer is a person other than the returning officer, the130Amendment of s 105 (Arrangements for fresh election)Section 105(1)—omit, insert—(1)This section applies if—(a)the Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009, section 123(3)(b)(i); orNote—The dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001, section 75(2).(b)a fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009, chapter 2, part 3.
131Insertion of new s 112BAfter section 112A—insert—112B Responsibility for compliance in absence of agent(1)This section applies if this Act imposes an obligation on the agent of a registered political party or group of candidates.(2)If a registered political party does not have an agent for a period, each member of the executive committee of the party (however described) is responsible for compliance with the obligation during the period, as if the obligation were imposed on the member of the committee.(3)If no agent is recorded for a group of candidates in the register of group agents under section 43 for a period, each member of the group is responsible for compliance with the obligation during the period, as if the obligation were imposed on the member.132Amendment of s 124 (Expenditure return—candidate, groups of candidates or registered political party)Section 124(5)—omit.133Amendment of s 125 (Summary expenditure return—candidate, group of candidates or registered political party)Section 125—insert—(7)In this section—bank statement, for an account with a financial institution, means a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period.134Amendment of s 130B (Electoral commission must give reminder notice about requirement for return)(1)Section 130B(1)(a), ‘return under division 3 or 4’—omit, insert—summary return(2)Section 130B(2)(a), ‘return’—omit, insert—summary return(3)Section 130B(2)(b), ‘of this division’—omit.(4)Section 130B(2)(c)(vi) to (x)—omit, insert—(vi)section 125;(vii)section 125A;(viii) section 195;(ix)section 197.
(5)Section 130B(4)—insert—summary return means a return required to be given under the following provisions—(a)section 117(4);(b)section 118(4);(c)section 118A(4);(d)section 120(7);(e)section 125(2);(f)section 125A(4).
Schedule 1Consequential or minor amendmentssection 56Electoral Act 19921Section 35(5)—omit.2Section 183(12), definition required number, ‘electorate’—omit, insert—electoral district3Section 186(7), ‘voter’—omit, insert—elector4Section 186—insert—(9)In this section—Antarctic elector see the Commonwealth Electoral Act, section 246(1).5Section 201A, ‘, for the amount or value of a gift or loan,’—omit.6Section 225(5)—omit.7Section 227(1), after ‘registered’—insert—political8Part 11, division 7, heading, after ‘gifts’—insert—and particular loans9Part 11, division 7, subdivision 2, heading, ‘of gifts generally’—omit.10Section 261(1), ‘, other than an exempt gift,’—omit, insert—that has a value11Section 261(3)(a), ‘, other than exempt gifts,’—omit.12Section 261(5)—omit.13Section 265(9)(b), after ‘(the enabling gift)’—insert—that has a value14Section 267(4)—omit.15Section 271(3)—omit.16Section 271(4) to (6)—renumber as section 271(3) to (5).17Section 310(1)(c), ‘, 265 or 266B’—omit, insert—or 26518Section 385(2), ‘section 307(14)’—omit, insert—section 307AA19Schedule 1, as inserted by this Act, definitions Antarctic elector, Commonwealth electoral roll and illegal election practice—omit.20Amendment of various provisionsEach of the following provisions is amended by omitting ‘amount or’—•section 260(3)•section 261•section 264•section 265•section 270(2)•section 271•section 289(3).
Local Government Electoral Act 20111Schedule 2, definitions registered officer and registered political party, ‘section 2’—omit, insert—schedule 1Referendums Act 19971Section 32C(6), definition political party, ‘section 2’—omit, insert—schedule 12Schedule 3, definitions cut-off day for electoral rolls, institution and issuing officer, ‘section 2’—omit, insert—schedule 1© State of Queensland 2019