Senate debates

Wednesday, 2 September 2020

Bills

Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020; In Committee

11:59 am

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) Share this | Hansard source

There is absolutely no circumstance in which a government would deliberately put forward an unconstitutional piece of legislation. Clearly we have taken careful note of the findings of the High Court in relation to the original bill, which was supported unanimously because it was a sensible reform in terms of the intent it sought to pursue. In this bill we have ensured that we've reflected the findings of the High Court in relation to the previous piece of legislation to ensure that it is consistent with the requirements of the High Court in terms of the constitutionality of what is in front of us. Specifically, we are being very, very clear that federal law should only govern federal elections and that state law should govern state elections, but, where there is any doubt, federal law would not apply. Federal law will only apply to those circumstances where donations are exclusively and specifically directed for federal election purposes. The amendment that I have moved on behalf of the government will provide a further reassurance to ensure that that strict separation of the management of campaign donations is indeed guaranteed.

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