The Joint Standing Committee on Electoral Matters (JSCEM) will be asked to investigate a range of matters that have arisen as a result of the 2016 federal election.

The Special Minister of State Senator the Hon Scott Ryan will make the referral as soon as committee membership is finalised, which is expected to happen in coming days.

Following an election, it is typical for the Special Minister of State to make a referral to JSCEM.

In this instance, Senator Ryan has specifically tasked JSCEM with investigating a range of matters:

  • The conduct of the 2016 election and related matters.
  • The use of technology in elections, including the application of new technology to casting votes and counting votes, and whether current authorisations requirements need to be extended to new technology.
  • Donations to political parties and other political entities, including the extent of donations being received from foreign sources and the options available to Parliament to regulate these types of donations. JSCEM will also be asked to look at the current donations disclosure regime and suggest any alternative approaches.

The full referral is available at the end of this media release.

“There was plenty of discussion during and after the recent federal election on a range of electoral matters,” Senator Ryan said.

“Many of these issues, including the possibility of future electronic voting and changes to federal political donations laws, are highly complex.

“The most appropriate way of investigating all these issues is through JSCEM.

“I have consulted with other interested parties in making this reference.

“I look forward to receiving the report from my colleagues in 2017.”

 

Referral by Special Minister of State Senator the Hon Scott Ryan to the Joint Standing Committee on Electoral Matter

That the following matters be referred to the Joint Standing Committee on Electoral Matters for inquiry and report: 

1. All aspects of the 2016 Federal election and matters related thereto, and without limiting the scope of the committee’s inquiry, with particular reference to:

1a. The application of provisions requiring authorisation of electoral material to all forms of communication to voters;

1b. The potential applicability of ‘truth in advertising’ provisions to communication to voters including third-party carriage services;

1c. The options available to Parliament to ensure consistent application of disclosure rules to and the regulation of all entities undertaking campaign activities; and,

1d. The potential application of new technology to voting, scrutiny and counting, with particular reference to its application to remote voting, ADF personnel on deployment  and supporting vision-impaired voters.

2. The extent of donations and contributions from foreign sources, persons, entities and foreign-owned subsidiaries to political parties, associated entities and other third parties and entities undertaking campaign activities, and the options available to Parliament to regulate these.

3. The current donations, contributions, expenditure and disclosure regime, its application and timeliness and alternative approaches available to Parliament.

4. The extent to which fundraising and expenditure by third parties is conducted in concert with registered political parties and the applicability and utilisation of tax deductibility by entities involved in campaign activities.

5. Any matters related to the terms outlined above.

In considering these matters, the Committee is encouraged to consider previous inquiries and reports of past committees, regulatory developments implemented by States and Territories and recent determinations of the High Court with respect to these.

The Committee is requested to provide a report in respect of item 1a by December 1, 2016, and item 2 by March 3, 2017.