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2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
COMMONWEALTH ELECTORAL AMENDMENT (POLITICAL DONATIONS AND OTHER MEASURES)
BILL 2008
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by the authority of the Special Minister of State, the Senator
the Hon John Faulkner)
COMMONWEALTH ELECTORAL AMENDMENT (POLITICAL DONATIONS AND OTHER MEASURES)
BILL 2008
OUTLINE
The Commonwealth Electoral Amendment (Political Donations and Other
Measures) Bill 2008 (the Bill) amends the funding and disclosure provisions
of the Commonwealth Electoral Act 1918 (the Electoral Act). The Government
amendments are partly in response to the inquiry by the Joint Standing
Committee on Electoral Matters (JSCEM) into the Bill. Following JSCEM's
inquiry, on 23 October 2008 the Advisory report on the Commonwealth
Electoral Amendment (Political Donations and Other Measures) Bill 2008 (the
Advisory Report) was presented to the House of Representatives. JSCEM made
eight recommendations in the Advisory Report, two of which called for
changes to the Bill.
In addition to amendments that go to addressing the two JSCEM
recommendations, the amendments also propose a number of minor and
technical amendments to the Bill. The majority of these amendments arise
because the Bill as introduced was to commence on 1 July 2008.
The amendments will:
. change the commencement date of the Bill from 1 July 2008 to 1 July 2009;
. add, with specified restrictions, three additional categories of
electoral expenditure to the categories proposed in subsection 287(1) of
the Bill. These additional categories are the rental of premises, the
hire of additional staff and the purchase and maintenance of office
equipment;
. prevent sitting members of Parliament from claiming electoral expenditure
if allowances, entitlements or benefits received by a member of
Parliament in his or her capacity as a member are used to meet that
expenditure;
. exempt unendorsed candidates and Senate groups from reporting against the
three new categories of electoral expenditure;
. provide for the option for related registered political parties to make a
single claim for public funding covering the electoral expenditure of the
federal branch or division and one or more State branches or divisions;
. allow for anonymous gifts of no more than $50 to be received in specific
circumstances, including that particular records are kept;
. provide for details of the receipt of anonymous gifts to be disclosed;
. provide for a new offence of knowingly making a false or misleading
record of the details required to be kept in relation to the receipt of
permitted anonymous gifts. The proposed penalty for breaching this
offence is imprisonment for 12 months or 120 penalty units, or both; and
. provide for a mechanism to update the rate at which public funding
payments are made.
FINANCIAL IMPACT STATEMENT
As with the Bill, it is difficult to quantify the exact magnitude of any
additional costs to the Australian Electoral Commission or the affect that
these amendments will have upon Government expenditure or revenue.
NOTES ON AMENDMENTS
Amendment 1 - Clause 2, page 2 (table item 2) (Commencement date)
1. This amendment will change the commencement of Schedule 1 to the Bill
from 1 July 2008 to 1 July 2009.
Amendment 2 - Schedule 1, item 5, page 3 (line 25) to page 4 (line 18)
(Definition of electoral expenditure)
2. Amendment 2 will make two changes to the definition of 'electoral
expenditure' set out at Item 5 of Schedule 1 to the Bill. First, this
amendment will expand the categories of electoral expenditure relating
to an election that may be the subject of a claim for election
funding. This amendment is the response to the second recommendation
in JSCEM's Advisory Report that the categories of electoral
expenditure set out in the Bill be expanded to include 'reasonable
costs incurred for the rental of dedicated campaign premises, the
hiring and payment of dedicated campaign staff, and office
administration'.
3. To encourage transparency and to maintain the nexus between public
funding and legitimate campaign expenses, limitations are imposed on
these new categories of electoral expenditure. This is because unlike
'How to Vote Cards', for example, these new categories of electoral
expenditure may be used for many more purposes than conducting an
election campaign.
4. The first limitation is that each additional category is restricted to
expenditure incurred during the election period. Subsection 287(1) of
the Electoral Act defines the 'election period' as the period
commencing on the day of the issue of the writ for the election and
ending at 6pm on polling day. In this way the relationship between
election campaigning and the new categories of electoral expenditure
is made clearer.
5. For the rental of dedicated campaign premises, the premises are
limited to any house, building or premises used for the primary
purpose of conducting an election campaign. The rent of premises that
were, for example, leased before the issue of a writ could come within
the definition of electoral expenditure if the premises were leased
for that primary purpose. Only the rent that was incurred during the
election period may be claimed.
6. The hiring and payment of dedicated campaign staff will be limited to
those additional staff employed or contracted for the primary purpose
of conducting an election campaign. Staff employed under the Members
of Parliament (Staff) Act 1984 cannot be the subject of a claim for
electoral expenditure.
7. General office administration will be limited to the purchase, lease,
hire or hire purchase of office equipment for the primary purpose of
conducting an election campaign. The costs of running and maintaining
the equipment may also be claimed as electoral expenditure. To
provide some level of administrative certainty and to prevent an
endless variety of equipment being claimed, 'office equipment' is
defined to include telephones, faxes, computers, personal digital
assistants, personal organisers, photocopiers and printers and other
equipment that can be used for the purposes of communication.
8. The second change that Amendment 2 will make to the Bill is to
introduce provisions to clarify that if allowances, entitlements or
benefits received by a member of Parliament in his or her capacity as
a member are used to meet electoral expenditure, then that electoral
expenditure cannot be claimed. Allowances relating to remuneration
are not covered by this provision so that a sitting member may use
what could be thought of as his or her 'salary' to contribute to
election campaigns.
9. This 'double dipping' provision is necessary due to the introduction
of a public funding scheme that pays the lesser of funding under the
4% rule or the claimed electoral expenditure. As sitting members of
Parliament may be able to meet some electoral expenditure by way of
allowances, entitlements or benefits paid by the Commonwealth in some
circumstances, it is not appropriate that this electoral expenditure
is claimed for public funding purposes. While clarifying that
electoral expenditure incurred using these allowances and benefits may
not be claimed for public funding purposes, the amendment does not
affect the legitimate use of these allowances, entitlements and
benefits.
Amendment 3 - Schedule 1, page 4 (after line 22), after item 7 (Definition
of 'general public activity')
10. This Amendment inserts into subsection 287(1) of the Electoral Act a
reference to 'general public activity'. This subsection defines many
of the terms used in Part XX of the Electoral Act. The concept of
'general public activity' is used to distinguish one of two situations
when a permitted anonymous gift may be received. The definition
refers to subsection 306AEA(3) which is discussed under Amendment 23.
Amendment 4 - Schedule 1, page 4 (after line 29), after item 8 (Definition
of 'office equipment', 'permitted anonymous gift', 'private event' and
'single claim')
11. This Amendment defines 'office equipment' for the purposes of one of
the additional categories of electoral expenditure that may be
claimed. Office equipment is discussed under Amendment 2.
12. Amendment 4 also inserts into subsection 287(1) of the Electoral Act
references to 'permitted anonymous gift' and 'private event'. A
'permitted anonymous gift' is an anonymous gift that is received in
the circumstances set out in section 306AEA and is discussed under
Amendment 23. The concept of 'private event' is used to distinguish
one of two situations when a permitted anonymous gift may be received.
The definition refers to subsection 306AEA(6) which is discussed
under Amendment 23.
13. A definition of 'single claim' is also inserted into subsection 287(1)
by this Amendment. A definition of 'single claim' is required as a
number of Amendments will introduce into the Bill another means of
making a claim for electoral expenditure. A single claim may cover
the electoral expenditure of the federal branch of the registered
political party and one or more related State branches of the
registered political party. In this way, the electoral expenditure of
the federal branch may be included in a claim for electoral
expenditure even though it might not have endorsed any candidates.
Amendment 5 - Schedule 1, item 16, page 6 (line 21) (Claims for election
funding)
14. Amendment 5 makes a consequential amendment to section 293 of the Bill
to allow for the new option of making a single claim for electoral
expenditure.
Amendment 6 - Schedule 1, item 16, page 6 (line 24) (Rate of election
funding)
Amendment 7 - Schedule 1, item 16, page 6 (line 27) (Rate of election
funding)
15. Amendment 6 and 7 insert into the Bill the rate at which public
funding is paid per formal first preference vote given to a candidate
or group. The rate that is inserted into the Bill is the rate that is
correct for the period 1 January 2009 to 30 June 2009. As this rate
is indexed by section 321 of the Electoral Act every six months using
the All Groups Consumer Price Index for the previous quarter's index
number, it is not possible to insert into the Bill the correct rate
for the six months commencing on 1 July 2009. This is because that
figure would be calculated using the March 2009 index which is not
published until late April 2009. To ensure that the rate is correct
from 1 July 2009, Amendments 35, 36 and 46 work to update the rate so
that it is current on 1 July 2009.
Amendment 8 - Schedule 1, item 16, page 6 (after line 38) (Single claims
for election funding)
16. This Amendment inserts a new subsection 293(3) into the Bill to
provide for the entitlement to election funding for related registered
political parties making a single claim. Modelled on subsection
293(2) in the Bill, the entitlement to election funding for registered
political parties making a single claim is the lesser of the dollar
amount for each formal first preference vote given to a candidate
endorsed by any of the parties and the amount of electoral expenditure
claimed in respect of the parties covered by the claim.
17. A note to the Amendment draws attention to the operation of section
296 of the Bill which provides for how formal first preference group
votes are divided between two or more registered political parties
that have endorsed candidates who are members of a Senate group.
Amendment 9 - Schedule 1, item 16, page 7 (line 13) (Rate of election
funding)
Amendment 10 - Schedule 1, item 16, page 7 (line 29) (Rate of election
funding)
18. Amendment 9 and 10 insert into the Bill the rate at which public
funding is paid per formal first preference vote given to a candidate
or group. The reason for inserting this rate is discussed under
Amendment 6 and 7.
Amendment 11 - Schedule 1, item 16, page 8 (line 8) (Claims for election
funding for joint Senate groups)
19. This Amendment makes a consequential amendment to subsection 296(2) of
the Bill due to new subsection 293(3) of the Bill. The Amendment
recognises that it is now possible to have Senate groups with
candidates endorsed by two or more registered political parties in
circumstances provided for by subsection 293(2) and 293(3).
Amendment 12 - Schedule 1, item 16, page 8 (lines 22 and 23) (Claims for
election funding)
20. Amendment 12 is a consequential amendment following the provision to
make single claims for election funding. The Amendment allows a
single claim to be made by any agent of one of the registered
political parties covered by the claim.
Amendment 13 - Schedule 1, item 16, page 9 (line 5) (Claims for election
funding)
Amendment 14 - Schedule 1, item 16, page 9 (after line 9) (Claims for
election funding)
21. Amendment 13 is a consequential amendment following the provision to
make single claims for election funding. It inserts into subsection
298(1) of the Bill an exception for agents making single claims to the
rule in subsection 298(1). Amendment 14 provides what electoral
expenditure agents must specify when making a single claim.
Amendment 15 - Schedule 1, item 16, page 10, (lines 32 and 33)
(Determination of a claim)
22. With the introduction of the single claim covering electoral
expenditure of related parties, confusion might arise over what
expenditure is claimed by which registered political party. To ensure
that there is no double counting of electoral expenditure, Amendment
15 specifically provides the Electoral Commission with the power to
consider whether electoral expenditure has been specified in a claim
made by another agent.
Amendment 16 - Schedule 1, item 16, page 11 (line 14) (Claims for electoral
funding)
Amendment 17 - Schedule 1, item 16, page 11 (line 28) (Claims for electoral
funding)
23. Amendment 16 and 17 are consequential amendments following the
provision to make single claims for election funding. Amendment 16
inserts into subsection 298D(2) a reference to new paragraph 293(3)(a)
for the purposes of paying an interim claim. Amendment 17 inserts
into 298E(2) a reference to new paragraph 293(3)(a) for the purposes
of paying a final claim.
Amendment 18 - Schedule 1, item 17, page 13 (lines 8 to 11) (Claims for
electoral funding)
Amendment 19 - Schedule 1, item 18, page 13 (before line 14) (Claims for
electoral funding)
Amendment 20 - Schedule 1, item 18, page 13 (lines 14 and 17) (Claims for
electoral funding)
24. Amendment 18, 19 and 20 are consequential amendments following the
provision to make single claims for election funding. Amendment 18
will amend Item 17 of the Bill to change the introductory words of
subsection 299(1) of the Electoral Act to provide for the payment of
single claims. Amendment 19 will insert a new subsection into the
Bill, 299(1A), to provide that the Electoral Commission must pay to
the agent who makes a single claim any amount of electoral funding
payable. In consequence of a new 299(1A) being inserted into the
Bill, Amendment 20 will change Item 18 of the Bill to refer to the
preceding two subsections before 299(2).
Amendment 21 - Schedule 1, item 20, page 15 (after line 14)
25. Amendment 21 clarifies that, if a single claim has been made, a
reference to an agent in sections 298D, 298E, 298F and 298G includes a
reference to the agent who makes the single claim.
Amendment 22 - Schedule 1, item 22, page 16 (lines 12 and 13) (Disclosure
of anonymous gifts)
26. This amendment firstly repeals Item 22 of the Bill which reduces the
period from 15 weeks to 8 weeks in which a return must be made under
subsection 304(2) and (3) of the Electoral Act. It then inserts five
new Items into the Bill. Items 22 and 22B re-introduce into the Bill
the reduced 8 week period in which to make a return under subsection
304(2) and (3).
27. Item 22A introduces a new disclosure requirement under subsection
304(2) of the Electoral Act for the agents of candidates, including
members of a group, to provide details of anonymous gifts received by
candidates and members of a group during the disclosure period for the
election. Item 22C inserts a similar requirement into subsection
304(3) of the Electoral Act for agents of groups. The 'disclosure
period' is defined by subsection 287(1) of the Electoral Act for
various purposes in the Act, and for candidates and Senate groups,
might extend from 30 days after the previous election to 30 days after
polling day.
28. With the recasting of subsection 304(2) and (3), it is no longer
necessary to have 304(4) apply to the whole section. This is
especially the case as the details required to be disclosed in
relation to anonymous gifts are set out at paragraphs 304(2)(c) and
304(3)(c). Accordingly, Item 22D would amend subsection 304(4) of the
Electoral Act so that it only applies to new paragraphs (2)(b) and
3(b).
Amendment 23 - Schedule 1, item 40, page 28 (after line 18) (Permitted
anonymous gifts)
29. Section 306 of the Electoral Act currently provides that candidates,
political parties and members of a Senate group may not accept
anonymous donations which exceed an indexed threshold, currently at
$10,900. The Bill proposes to prohibit anonymous donations of any
amount and extend the prohibition to associated entities and those
'third parties' who incur specified political expenditure above the
threshold in a reporting period.
30. In its Advisory report on the Bill, JSCEM recommended (Recommendation
6) that the Bill be amended to allow for an anonymous donation below a
threshold of $50 to be given without a disclosure obligation and
received without having to forfeit the donation to the Commonwealth.
The basis for its recommendation was to remove a perceived onerous
recordkeeping burden on fundraisers where only small amounts of money
might be donated, for example, by 'passing a hat' around.
31. In response to JSCEM's recommendation, Amendment 23 will amend the
Bill to insert new subsection 306AEA allowing for the receipt of
anonymous donations by the full range of political participants. To
ensure, however, that such an amendment does lead to a flood of
donations which are not disclosed, subsections 306AEA(1) and (4)
provide that a 'permitted anonymous gift' may only be received in two
situations. The first of these is at some general public activity,
such as a fete, where people passing by might, for example, place a
donation into a tin. The second situation is at a private event, such
as a trivia night, where attendees might donate small sums of money.
At both general public activities and private events, a gift would not
be a 'permitted anonymous gift' unless records specified at
306AEA(1)(c) and 306AEA(4)(c) were kept of the activity or event.
32. For both general public activities and private events, paragraphs
306AEA(1)(a) and (4)(a) provide that single donations of more than $50
may not be received. In addition, subsections 306AEA(2) and (5)
provide that collectors of gifts cannot knowingly receive more than
$50 from the same person. A further requirement imposed upon private
events by paragraph 306AEA(4)(d) is the total collected may not be
more than an amount calculated by multiplying $50 by the number of
people who attended the event. If the total collected exceeds the
amount calculated by this formula, the excess has to be returned or,
if not possible or practicable to return the excess, it has to be paid
to the Commonwealth. For greater administrative simplicity,
subsection 306AEA(7) limits the operation of the section to gifts of
money.
Amendment 24 - Schedule 1, item 40, page 28 (line 29) (Permitted anonymous
gifts)
Amendment 25 - Schedule 1, item 40, page 30 (line 27) (Permitted anonymous
gifts)
Amendment 26 - Schedule 1, item 40, page 32 (after line 10) (Permitted
anonymous gifts)
Amendment 27 - Schedule 1, item 40, page 32 (line 21) (Permitted anonymous
gifts)
33. As Amendment 23 provides for the receipt of anonymous gifts in
specific circumstances, consequential amendments are required to the
provisions of the Bill that make the receipt of any anonymous gift
unlawful. These Amendments make the required changes to section 306AG
and 306AH (political parties, candidates and members of a group) and
306AI (persons incurring political expenditure).
Amendment 28 - Schedule 1, page 33 (after line 14) (Reporting against
electoral expenditure)
34. Section 309 of the Electoral Act requires candidates and members of a
Senate group that are not endorsed by a registered political party to
furnish a return to the Electoral Commission setting out details of
all electoral expenditure in relation to an election. As Amendment 2
expands the categories of electoral expenditure, without a
consequential amendment to subsection 309(1A) of the Electoral Act,
the provision would cover the three new categories of electoral
expenditure. Accordingly, Amendment 28 inserts a new Item 48A into
the Bill which would amend subsection 309(1A) of the Electoral Act to
limit the provision to electoral expenditure specified at paragraph
(a) of the definition in subsection 287(1).
Amendment 29 - Schedule 1, Amendment 49, page 33 (lines 15 and 16)
(Reporting against electoral expenditure)
35. This amendment firstly repeals Item 49 of the Bill which reduces the
period from 15 weeks to 8 weeks in which a return must be made under
subsection 309(2) and (3) of the Electoral Act. It then inserts four
new Items into the Bill. Items 49 and 49B re-introduce into the Bill
the reduced 8 week period in which to make a return under subsection
309(2) and (3).
36. Similar to Amendment 28, Items 49A and 49C would limit a return
furnished under subsection 309(2) or (3) of the Electoral Act to
details of electoral expenditure specified at paragraph (a) of the
definition in subsection 287(1).
Amendment 30 - Schedule 1, page 35 (after line 12) (Disclosure of anonymous
gifts)
37. Similar to the requirement introduced by Amendment 22 for candidates,
members of a Senate group and Senate groups to disclose anonymous
gifts, Amendment 30 inserts a new Item 59A into the Bill. This Item
would amend section 314AC of the Electoral Act to require registered
political parties to include in its annual return furnished to the
Electoral Commission specified details in relation to the receipt of
anonymous gifts if a permitted anonymous gift was received during a
reporting period.
Amendment 31 - Schedule 1, item 74, page 37 (lines 5 to 8) (Disclosure of
anonymous gifts)
Amendment 32 - Schedule 1, items 77 and 78, page 37 (lines 18 to 23)
(Disclosure of anonymous gifts)
Amendment 33 - Schedule 1, page 37 (after line 25) (Disclosure of anonymous
gifts)
38. Similar to Amendment 22 and 30, these Amendments provide for the
disclosure of the receipt of anonymous gifts by persons incurring
political expenditure. New Items 74 and 79A, and the amendments to
subsection 314AEC(2) of the Electoral Act, would operate so that
details of the receipt of anonymous gifts will be disclosed in a two
step process. First, a person must have incurred electoral
expenditure of a kind specified in paragraph 314AEB(1)(a) and that
expenditure must be above the proposed $1,000 threshold. If that step
is satisfied, a return under 314AEC must include specified details of
permitted anonymous gifts if any permitted anonymous gifts were
received during a reporting period.
39. While repealing Items 74, 77 and 78, these Amendments do not alter the
operation of section 314AEC as proposed by the Bill in relation to
'major donors' as the new text inserts these requirements back into
the Bill.
Amendment 34 - Schedule 1, item 82, page 39 (after line 23) (new offence)
40. Amendment 34 provides for a new offence of making a record that is
required to be kept for the purposes of receiving a permitted
anonymous gift that is false or misleading in a material particular.
The maximum penalty for breaching this offence is imprisonment for 12
months or 120 penalty units, or both. Currently a penalty unit
equates to $110 dollars. The proposed penalty is the same as for the
offence in the Bill at subsection 315(4B) of furnishing a return for
the purposes of Division 4, 5 or 5A that is false or misleading in a
material particular.
Amendment 35 - Schedule 1, item 100, page 47 (lines 6 to 8) (Rate of public
funding)
41. Amendment 35 inserts a new Item 100 into the Bill so that the rate per
formal first preference vote for the purposes of public funding is
current as at 1 July 2009.
42. As discussed at Amendment 6 and 7, the rate that is inserted into the
Bill is the rate that is correct for the period 1 January 2009 to 30
June 2009. As this rate is indexed by section 321 of the Electoral
Act every six months using the All Groups Consumer Price Index for the
previous quarter's index number, it is not possible to insert into the
Bill the correct rate for the six months commencing on 1 July 2009.
This is because that figure would be calculated using the March 2009
index which is not published until late April 2009. To ensure that
the rate is correct from 1 July 2009, Amendments 35 defines the
'relevant amount' for the purpose of section 321. The relevant amount
is defined by reference to the dollar amounts expressed in section
293, 294 and 295 of the Bill.
Amendment 36 - Schedule 1, item 101, page 47 (line 10) (Rate of public
funding)
43. As the Bill was to commence on 1 July 2008, the rate per first
preference vote for the purposes of public funding specified in the
Bill is correct for the period 1 July 2008 to 31 December 2008. Item
101 specified 1 January 2009 as that was the first date on and from
indexation would occur under section 321 of the Electoral Act. As the
rate specified in these Amendments will be indexed with effect on and
from 1 July 2009, the 'relevant period' for the purposes of section
321 of the Electoral Act is changed by Amendment 36 to replace
1 January 2009 with 1 July 2009.
Amendment 37 - Schedule 1, item 104, page 48 (line 4) (Commencement date)
Amendment 38 - Schedule 1, item 104, page 48 (line 6) (Commencement date)
Amendment 39 - Schedule 1, item 105, page 48 (line 10) (Commencement date)
Amendment 40 - Schedule 1, item 105, page 48 (line 12) (Commencement date)
Amendment 41 - Schedule 1, item 106, page 48 (line 14) (Commencement date)
44. These Amendments make consequential changes to application provisions
to reflect the new commencement date of 1 July 2009.
Amendment 42 - Schedule 1, item 106, page 48 (line 15)
Amendment 43 - Schedule 1, item 106, page 48 (lines 16 and 17)
Amendment 44 - Schedule 1, item 106, page 48 (line 18)
Amendment 45 - Schedule 1, item 106, page 48 (line 22)
45. These Amendments make consequential changes to the application
provisions of Item 106 to reflect the new commencement date of 1 July
2009 and to account for changes to item numbering and the insertion of
new items.
Amendment 46 - Schedule 1, item 106, page 48 (after line 24)
46. Amendment 46 is linked to the changes made by Amendments 35 and 36 in
relation to the indexation of the rate per formal first preference
vote for the purposes of public funding. Amendment 46 ensures that
the rate specified in these Amendments will be indexed with effect on
and from 1 July 2009.
Amendment 47 - Schedule 1, item 107, page 48 (line 26)
Amendment 48 - Schedule 1, item 107, page 48 (line 27)
Amendment 49 - Schedule 1, item 107, page 48 (line 29)
Amendment 50 - Schedule 1, item 107, page 48 (before line 30)
Amendment 51 - Schedule 1, item 107, page 48 (after line 32)
47. These Amendments will make consequential changes to Item 107 of the
Bill to reflect the new commencement date of 1 July 2009. The
Amendments also take account of new Items inserted into the Bill and
clarifies that a gift made before 1 July 2009 is not a permitted
anonymous gift.
Amendment 52 - Schedule 1, item 108, page 49 (line 2)
Amendment 53 - Schedule 1, item 108, page 49 (line 4)
Amendment 54 - Schedule 1, item 109, page 49 (line 10)
Amendment 55 - Schedule 1, item 109, page 49 (line 12)
Amendment 56 - Schedule 1, item 110, page 49 (line 14)
48. These Amendments make consequential changes to application provisions
to reflect the new commencement date of 1 July 2009.
Amendment 57 - Schedule 1, item 110, page 49 (lines 15 and 16)
49. This Amendment clarifies the operation of Item 110 of the Bill as the
term 'that commencement' was unclear. The substituted words 'on and
after that day' make clear that a notice given under subsection
316(2A) as then in force has effect after 1 July 2009 as if it had
been given under that subsection as amended by Item 89 of the Bill.
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