Power Simon: Electoral Amendment Bill — First Reading 
Power Simon: Electoral Amendment Bill — First Reading 
[Volume:652;Page:1259] 
Hon SIMON POWER (Minister of Justice) 
: 
 I move  
That the Electoral Amendment Bill be now read a first time. 
 This bill delivers on the Government’s election promise to repeal the Electoral Finance Act 2007 within its first 100 days in office. As an interim measure the bill reinstates the relevant provisions of the Electoral Act 1993 that deal with electoral finance while retaining the donations regime from the Electoral Finance Act. The interim regime is needed to ensure that a fair and workable electoral law is in place should there be a by-election while a more enduring regime is being developed. 
No one can deny that the Electoral Finance Act 2007 was enacted without the broad cross-party support that has historically characterised electoral reform. That is because the Electoral Finance Act seemed less about levelling the playing field and more about settling supposed political scores. I cannot disagree with those who say that the electoral system belongs to the people and should ultimately be decided by the people. But political parties should not be removed from that process. Regardless of whether people supported or opposed the introduction of MMP it was at least the first significant recognition in law that modern elections are primarily about voting for parties. Political parties have to deal with the rules surrounding elections on a practical level and from the experience of the past 18 months we know what happens when those rules do not have buy-in from parties right across the spectrum. The law in that case simply lacks legitimacy. 
The 2008 general election and indeed the 10 months of the regulated campaign period that preceded it highlighted in the Government’s view the inadequacies of the Electoral Finance Act. The Act resulted in unnecessary legal action because of confusion about who was and who was not a third party and about what does and what does not constitute election advertising. Even the Electoral Commission has said publicly that the Act had “a chilling effect” on political participation. 
This bill repeals the Electoral Finance Act. Gone is the heavy regulation of what were referred to in the Act as “third parties”. Gone will be the regulated period which started on 1 January in an election year for expenditure of political parties and candidates. Instead the bill returns to the 3-month period prior to polling day that was previously the case under the Electoral Act 1993. Those two measures imposed a significant restriction on the ability of individuals and groups to exercise their freedom of expression and to participate in the democratic process and they justifiably earned a rebuke from the Human Rights Commission. Gone too will be the concept of “financial agents” as the obligations regarding donations and expenditure will be transferred to constituency candidates and party secretaries. 
This bill will amend the Electoral Act 1993 to reinstate the election expense and campaign advertising provisions that governed the 2005 general election. Let me say this: although aspects of that Act might not have been ideal it did at least enjoy the level of consensus that is required for electoral law. Compared with the Electoral Finance Act the meaning of those provisions from the 1993 Act is certain and all participants in the electoral process know what is expected of them. 
Having said that I tell the House that the Government recognises that the donations provisions of the Electoral Finance Act have provided greater transparency. Unlike most other aspects of the Electoral Finance Act these changes enjoyed broad political and public support. So this bill reinstates or reinserts those provisions because they were moves in the right direction. The bill also retains the stronger compliance and enforcement regime that was a feature of the Electoral Finance Act including increased penalties for corrupt and illegal practices and serious electoral finance offences and of course an extended time line over which electoral finance offences can be prosecuted. Again these changes enjoyed broad cross-party support and we are retaining those provisions because they increase public confidence in our electoral system. 
Transitional provisions in the bill will retain the rights and obligations of political parties constituency candidates electoral agencies and others arising from the rules in force at the time of the 2008 general election—an extremely important point. Essentially this means that returns for the 2008 general election—with many still having to be filed—and any offences resulting from the 2008 general election can still be investigated and can still be prosecuted; it is only right and just that actions committed under one law are accounted for under the same law. 
Finally the bill makes some minor drafting modifications to ensure consistency primarily of language between the reinstated provisions of the Electoral Act and the provisions of the Electoral Finance Act that are being retained. As I have previously said the purpose of this bill is simply to implement an interim regime before work starts on a new electoral finance law to be put in place before the 2011 general election. It is my intention and the Government’s intention that all political parties and interested members of the public will have an opportunity to have input at more than one stage in this process both before and after a bill has been introduced. 
In the past week or so I have been encouraged by the willingness of all parties in the House to meet with me and to discuss this bill and the way ahead. I am delighted that even those parties that I understand intend to vote against this bill today have indicated that they want to be part of the next phase of reform. The participation of all parties in that process is the path most likely to lead to enduring solutions. I am not going to pretend that we are all going to agree but everybody must have the opportunity to have their say. In more ways than one this bill and the subsequent consultation process over the laws for the 2011 election will return democracy to our electoral finance law. I commend this bill to the House.