Katy Gallagher (ACT, Australian Labor Party) Share this | Hansard source

I rise on behalf of the opposition to support this legislation in its amended form. The Electoral and Other Legislation Amendment Bill 2017 is proposed to address the matters canvassed by the Joint Standing Committee on Electoral Matters in the committee's Interim report on the authorisation of voter communication. Before I speak to the legislation itself, I acknowledge the Special Minister of State, Senator Ryan, who has attempted to answer the opposition's many questions on the provisions before us, and the opposition wishes him a speedy recovery. I would also like to acknowledge members of the Joint Standing Committee on Electoral Matters the members for Scullin and Oxley in the other place and Senators Ketter and Brown for their constant and continual work on these issues.

When the legislation was introduced, in March this year, the opposition raised significant concerns with its provisions and practical application. Labor believes in protecting, fostering and encouraging genuine political communication, and any bill that seeks to affect that right should be considered very carefully. It was disappointing to listen to the contributions of some government members in the other place. Despite the opposition working constructively on all of the issues canvassed in this piece of legislation, government members sought to use this bill to talk about the Prime Minister's spectacular dummy spit on election night about the results in Queensland. Why they wished to remind the Australian people of that night is completely beyond me. However, there they were, lined up in an attempt to distract the public from the complete chaos within the government.

On the issue before the chamber, the updating of the authorisation framework is an important piece of reform. Technology is changing and with it methods of communication and political campaigning. A system that does not keep pace with this changing technology is a system that is designed to fail. The Joint Standing Committee on Electoral Matters rightly recommended that any new requirements for electoral authorisation be clear, concise and easy to navigate. The committee recommended that the framework of authorisation, as far as it is reasonably practical, not interfere with the primary purpose of communication—that is, to communicate with the electorate.

The opposition, through many discussions with the government, have queried many of the provisions before the parliament to ensure that we are achieving those key aims. One of the principal queries of the government has been that of digital communication. Labor wants to ensure that digital material, which is likely to be the dominant form of future communication, is appropriately catered for and protected. In this respect, the bill confers significant powers on the Australian Electoral Commissioner to determine how certain pieces of material are to be authorised—in particular, digital audio and social media. Through this process, the opposition has received advice from both the Special Minister of State and the Australian Electoral Commissioner, Mr Tom Rogers, as to the use of these powers. We thank the commissioner for his time and cooperation and for the assurances received that necessary consultation will take place prior to these powers being utilised.

In ensuring that the authorisation framework is modernised, the bill addresses current key shortfalls—for example, capturing all disclosure entities, rightly applying the regime to referenda and streamlining noncompliance provisions with a civil penalty. These are simple, commonsense measures to ensure the integrity of our democratic processes. The complicated nature of authorisation and the changing methods of political communication mean that this bill is not a complete solution and will require review. Concerns remain, including from broadcasting entities, regarding the burden placed on them by this legislation. Through the excellent work of Labor's shadow minister for communications, Ms Michelle Rowland, in the other place, the opposition have heard the concerns of groups such as Commercial Radio Australia. Although already bearing some of the burden of current authorisation provisions, there are legitimate concerns by these third-party actors and broadcasters as to the practical implementation of these provisions. The opposition will continue to work with these groups as these provisions come into practice, and we trust that the government and the Australian Electoral Commissioner will assist in liaising with these actors.

Finally, I'd like to commend the reasonable exemptions provision provided by this legislation, particularly on the reporting of news and current affairs and on editorial content. Political authorisations are intended to provide the voting public with a clearer picture and should never be used to place undue burdens on genuine communication. It would be unfathomable for such regulations to restrict the information provided to the voting public through direct or indirect communication. I commend the bill to the Senate.