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Electoral Expenditure and Gift Cap Reforms

Announcement Date
18 November 2024 

Link to Announcement 
Electoral Legislation Amendment (Electoral Reform) Bill 2024 – Parliament of Australia

Problem Being Addressed
In August 2022 the Joint Standing Committee on Electoral Matters (JSCEM) was asked to inquire into and report on all aspects of the 2022 federal election and related matters, including consideration of reforms to political donations laws, the applicability of ‘real time’ disclosure, reduction of the disclosure threshold, reforms to funding of elections, electoral expenditure caps and public funding of parties and candidates. 

The JSCEM Final Report identified a need for reforms to the Commonwealth system of political donations and electoral expenditure, noting  “Australia’s electoral system is strong, however there are areas which are clearly in need of strengthening to improve transparency and integrity, reduce the potentially corrosive influence of big money and level the playing field, while allowing for continued participation in our elections from members of the public, political parties, civil society and business.”

Electoral reform was both an election commitment as well as a commitment made as part of the Australian Government’s Third Open Government Partnership National Action Plan 2024-25.

Proposal

The JSCEM in its Interim and Final Reports recommended reforms to improve transparency and accountability across Australia’s electoral system.

The Electoral Legislation Amendment (Electoral Reform) Bill 2024 proposes to implement gift caps, expedited disclosure of gifts, and a reduction in the disclosure threshold to $1,000 (indexed). The Bill also proposes amendments to introduce electoral expenditure caps, increase public funding of parties and candidates, as well as streamline and modernise administrative processes to support the Australian Electoral Commission’s delivery of electoral events. 

Assessed Impact Analysis Outcome
Impact Analysis Equivalent

Assessment Comments
The Office of Impact Analysis (OIA) does not assess the quality of reviews and documents used in lieu of Impact Analyses (IAs). Impact Analysis Equivalents (IAEs) are assessed by the OIA for relevance to the recommended option(s) and for the coverage of the seven Impact Analysis questions. 

The OIA assessed that the options and analysis contained in the JSCEM interim and final reports and additional analysis prepared by the Department of Finance to be sufficiently relevant to the proposal to meet the requirements in the Australian Government Guide to Policy Impact Analysis

Regulatory Burden
The Department of Finance expects the additional regulatory burden to business, community organisations or individuals in relation to electoral expenditure and gift cap reforms will not be material relative to current regulatory costs.