Hansard debates

Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (10:53): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

1. In my opinion, the Bill is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act 2025 (Treaty Act). I base my opinion on the reasons outlined in this statement.

Overview of the Bill

2. On 15 April 2026, the High Court handed down its decision in Hopper v Victoria [2026] HCA 11 (Hopper). In Hopper, the High Court found that Victoria’s political donations and expenditure laws contained at Part 12 of the Electoral Act 2002 (Act), was wholly invalid as it impermissibly burdened the implied freedom of political communication, contrary to the Commonwealth Constitution.

3. The High Court declared Part 12 of the Act invalid in its entirety, as it was not permissible to sever any parts of provisions, subdivisions or divisions of Part 12 to preserve its validity.

4. In light of the High Court’s finding in Hopper, the purpose of this Bill is to amend the Act to introduce a new political donations, State funding and reporting regime (the regime). The new regime applies to registered political parties (RPPs), candidates at an election, elected members, associated entities and third-party campaigners.

Consultation with the First Peoples’ Assembly of Gellung Warl

5. The First Peoples’ Assembly of Gellung Warl (Assembly) was not given an opportunity to advise on the Bill and the Assembly did not otherwise make representations about the Bill’s effect on First Peoples.

6. The Assembly was not given an opportunity to advise on the Bill, as section 66 of the Treaty Act commenced on 1 May 2026, and the Assembly only became operational on Monday 4 May. Considering this timeframe, there was insufficient time to seek advice from the Assembly prior to the introduction of the Bill into Parliament.

7. As consultation with the Assembly was not undertaken, I am not able to make an assessment as to whether the Bill is consistent with any advice given or representations made by the Assembly.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

8. In my opinion, the Bill is compatible with the following objects set out at section 66(3)(d) of the Treaty Act:

8.1 advancing the inherent rights and self‑determination of First Peoples;

8.2 addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

8.3 ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

Advancing the inherent rights and self‑determination of First Peoples (section 66(3)(d)(i))

9. The inherent rights of First Peoples, including the right to self-determination, are recognised by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

10. The First Peoples’ Assembly, as it existed prior to the commencement of the Treaty Act, identified that the right to self-determination for First Peoples includes political self-determination, which provides First Peoples with the right to self-government and the power to organise and direct their lives according to their own values, institutions and mechanisms within the framework of the state of which they are a part.

11. The Bill may indirectly limit the achievement of political determination for First Peoples by imposing obligations and limitations on political donations, including donations made by First Peoples, to First Peoples, or to political parties or candidates who represent First Peoples’ interests. These limitations include:

11.1 setting a $5,030 general cap on political donations to a regulated person or body from 15 April 2026 until 28 November 2026, and a $7,500 general cap from 29 November 2026 onwards (new sections 212 and 288);

11.2 setting a $10,060 general cap on political donations to eligible electoral participants (new entrant general cap) from 15 April 2026 until 28 November 2026, and a $20,000 general cap to eligible new entrants from 29 November 2026 onwards (new section 247, with sections 212 and 288);

11.3 prohibiting political donations equal to or above the value of $1,250 from anonymous sources (new section 210);

11.4 prohibiting political donations from foreign sources (new section 209); and

11.5 limiting the number of third-party campaigners a donor may make a political donation to (new section 211).

12. The Bill could also limit the achievement of political determination for First Peoples by limiting eligibility for public funding to circumstances where a political party or independent candidate contested the previous general election, and one or more candidates received at least 4% of the first preference votes (new section 227).

13. Restricting public funding to parties and independent candidates who satisfy the eligibility criteria, could, in turn decrease the capacity of members and supporters of smaller parties (including parties representing the interests of First Peoples), and independent candidates who are first peoples from contributing to political debate.

14. Despite the limitation on the right to political self-determination, the Bill is nonetheless compatible with the object of advancing the inherent rights and self-determination of First Peoples, as the limitation is reasonably justifiable in the circumstances for the following reasons:

14.1 The limitations and restrictions on political donations and payments of public funding apply equally to all Victorians, including First Peoples and non–First Peoples.

14.2 The restrictions and limitations on political donations serve the overall purpose of increasing the transparency and integrity of Victoria’s electoral system.

14.3 The payment of public funding reduces the reliance on political donations which provide disproportionate powers to people with the financial resources to donate. Public funding therefore enables more people to participate in the electoral process, including First Peoples.

14.4 The restrictions on the payment of public funding are reasonably necessary to prevent candidates or parties from receiving payments if they only receive a handful of votes, make no substantial contribution to the democratic process, or have little intention of engaging in electoral competition.

14.5 The new entrant general cap for eligible independent candidates or RPPs under new section 247 will enable persons ineligible for State funding streams, including First Peoples, to have access to alternative forms of funding for their political campaign and reduce barriers for new entrants, providing greater opportunities to participate in the electoral process. The restrictions on eligibility are reasonably necessary to ensure that new entrant general cap is only available to candidates or RPPs that are ineligible for other forms of State funding.

Addressing unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation

15. The Yoorrook Justice Commission’s ‘Truth be Told’ report describes the effects of colonisation on First Peoples. It describes how the gap between outcomes for First Peoples and other Victorians in areas including life expectancy, education, and health is caused by the impacts of colonisation in the past, which continue today.

16. The Bill may have an impact on the disadvantaged inflicted on First Peoples by imposing restrictions and limitations on political donations and by restricting eligibility for public funding (discussed above). These amendments could restrict the funding received by political parties represented by First Peoples, candidates who are First Peoples or people who represent First Peoples’ interests.

17. Despite the possible limitation on the object of addressing unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation, the Bill is nonetheless compatible with this object for the following reasons:

17.1 As the amendments apply equally to First Peoples and non–First Peoples, it is unlikely to have further impact on the disadvantage faced by First Peoples; and

17.2 The regime serves the overall purpose of increasing the transparency and integrity of Victoria’s electoral system, and the restrictions imposed are proportionate to this overall purpose.

Ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples

18. A Bill may affect the equal enjoyment of rights and freedoms by First Peoples where, in its express terms or practical effect, it has a differential effect on First Peoples as compared to non–First Peoples.

19. As the Bill does not in its terms deal with First Peoples, and does not directly or indirectly in its practical effect engage the human rights or fundamental freedoms of First Peoples, the Bill is compatible with this object.

The Hon. Jacinta Allan MP

Premier