Green Party negotiated changes to the Electoral Finance Bill

The Green Party negotiated several changes to improve the original Electoral Finance Bill.

Alter the definition of election advertising to protect issues advertising

This means that individuals and groups will be free to campaign on the issues that are important to them, regardless of whether one or more parties is also campaigning on the same issue. For example, Greenpeace can continue to campaign against whaling, even though it is a campaign the Green Party has a profile on.

Lift the cap on third party spending from $60,000 to $120,000

Many groups and individuals engage in election advertising, specifically supporting or opposing a particular party or candidate. Political parties are limited to spending no more than $2.4 million. These groups and individuals will be limited to spending no more than $120,000, 5% of the party limit and twice that originally proposed.

Lift the spending limit at which a group must list as a third party from $5000 to $12,000

This was important because many groups and people advertise thier support or opposition to parties or candidates through pamphlets, newsletters or community newspaper adverts. These ordinary election activities should not require a person or group to have to list as a third party where the spending is under $12,000.

Enable under 18 year olds and permanent residents to be able to list as a third party

We fought for the inclusion of this because it is a breach of the rights of a citizen to be prevented from engaging in election advertising activities simply because they are not old enough to vote. This change also means that groups will not be excluded from listing as a third party simply because one member is under 18 years old.

Protect donations to groups that are not for election purposes

This means that groups will not have to declare any donations that are not specifically for election purposes. Groups are entitled to raise and collect money for thier activities without interference. Only donations given specifically for electioneering will need to be disclosed.

Increase the limit before third parties have to disclose donations for election purposes from $500 to $5000

This was important to protect a groups right to raise and collect money for thier electioneering without unecessary reporting burdens. Some organisations have good reason to protect the identities of their donors and this must be respected.

Remove the requirement for a statutory declaration for spending less than the threshold

This means that people or groups dont have to sign a statutory declaration everytime they spend money under the threshold for listing. It was an unecessary burden that performed no useful function.

Strengthen the enforcement provisions from a fine of $40,000 to $100,000

We felt it was important to discourage breaches of this legislation, so we argued for an increase in the level of fine from $40,000 to $100,000. This penalty (along with up to two years in prison) applies to those who wilfully attempt to avoid the limits in the bill. The higher the penalties the greater the deterrant and the more likely the police will take prosecutions.

Severely restrict anonymous donations to political and third parties

The Greens believe that the electoral system must be open and transparent, therefore we tried to limit the level to which individuals, groups and businesses could hide their political donations. We believe the public has the right to know who has a vested interest in which political party.

Protected Disclosure regime

We have ensured that in the absence of a ban on anonymous donations, parties and third parties are restricted in the amount of anonymous donations that they can receive. We have also restricted how much any one person or individual may donate anonymously.

The protected disclosure regime has the following elements:

• a donor may give up to $1000 anonymously directly to a party or third party without disclosing their identity to the party or the public.
  
• if a donor wants to give more than $1000 but keep their identity secret from the party/third party and the public they must send it to the Electoral Commission.
  
• The donor must also include their name and address and any other information required by the Commission. The donor must sign a statutory declaration that they will not disclose their identity to the party or third party.
  
• If the donation consists of a number of contributors, each contributor of more than $1000 must be identified to the Commission.
  
• The Commission will keep a list of the donors but not release that information.
  
• The Commission will pass on the donation to the specified party or third party at monthly intervals.
  
• In the three year period between elections no person may donate more than $36,000 to any party, nor more than $1,800 to any third party. The Commission records will enable these limits to be monitored.
  
• In the three year period between elections, the Commission must not transfer more than $240,000 to any political party or more that $12,000 to any third party. These limits are 10% of the total that either the party or the third party may spend during the regulated period.
  
• Any person or organisation who wilfully attempts to circumvent these limits is guilty of a corrupt practice and liable for a prison term of up to 2 years and up to a $100,000 fine.