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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Commonwealth
Electoral Amendment Bill (No. 1)
2002
No. ,
2002
(Special Minister of
State)
A Bill for an Act to amend the
Commonwealth Electoral Act 1918, and for related
purposes
Contents
A Bill for an Act to amend the Commonwealth Electoral
Act 1918, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Commonwealth Electoral Amendment Act
(No. 1) 2002.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 287(1)
Insert:
Liberal Party means the political party that, at the
commencement of this definition, was registered under Part XI as the
Liberal Party of Australia.
2 Subsection 299(1)
Repeal the subsection, substitute:
(1) If an amount is payable under this Division in respect of votes given
in an election or elections for a candidate or candidates endorsed by a
registered political party, the Electoral Commission must:
(a) if:
(i) the party is the Liberal Party or a State branch of the Liberal Party;
and
(ii) a notice for the election is in force under subsection (5E) in
relation to the State branch of the Liberal Party that is organised on the basis
of the State or Territory in which the candidate or candidates stood for
election;
pay the applicable federal percentage of the amount to the agent of the
Liberal Party and the applicable State percentage of the amount to the agent of
the State branch of the Liberal Party mentioned in subparagraph (ii);
or
(b) if paragraph (a) does not apply and the party is the Liberal
Party or a State branch of the Liberal Party—pay the amount to the agent
of the Liberal Party; or
(c) if the party is the Australian Democrats and there is a principal
agent appointed under section 288A—pay the amount to the principal
agent; or
(d) in any other case—pay the amount to the agent of the State
branch of the party that is organised on the basis of the State or Territory in
which the candidate or candidates stood for election.
3 Paragraph 299(4)(a)
Repeal the paragraph, substitute:
(a) if:
(i) the members of the group were endorsed by one registered political
party and that party is the Liberal Party or a State branch of the Liberal
Party; and
(ii) a notice for the election is in force under subsection (5E) in
relation to the State branch of the Liberal Party that is organised on the basis
of the State or Territory in which the members of the group stood for
election;
pay the applicable federal percentage of the amount to the agent of the
Liberal Party and the applicable State percentage of the amount to the agent of
the State branch of the Liberal Party mentioned in subparagraph (ii);
or
(aa) if:
(i) paragraph (a) does not apply; and
(ii) the members of the group were endorsed by one registered political
party and that party is the Liberal Party or a State branch of the Liberal
Party;
pay the amount to the agent of the Liberal Party; or
(ab) if paragraphs (a) and (aa) do not apply and the members of the
group were endorsed by one registered political party:
(i) if the party is the Australian Democrats and there is a principal
agent appointed under section 288A—pay the amount to the principal
agent; or
(ii) in any other case—pay the amount to the agent of the State
branch of the party that is organised on the basis of the State or Territory in
which the members of the group stood for election; or
(ac) if the members of the group were endorsed by 2 registered political
parties, one of those parties is the Liberal Party or a State branch of the
Liberal Party, and a notice for the election is in force under
subsection (5E) in relation to the State branch of the Liberal Party that
is organised on the basis of the State or Territory in which the members of the
group stood for election:
(i) divide the payment into such shares as are agreed upon between the
agents of the State branches of those parties that are organised on the basis of
the State or Territory in which the members of the group stood for election or,
in the absence of agreement, into such shares as the Electoral Commission
determines; and
(ii) in the case of the share applicable to a State branch of the Liberal
Party in accordance with that agreement or determination, as the case may
be—pay the applicable federal percentage of the share to the agent of the
Liberal Party and the applicable State percentage of the share to the agent of
the State branch of the Liberal Party; and
(iii) in the case of the share applicable to the agent of the other party
in accordance with that agreement or determination, as the case may be—pay
the share to the agent of the other party; or
(ad) if paragraph (ac) does not apply, the members of the group were
endorsed by 2 registered political parties, and one of those parties is the
Liberal Party or a State branch of the Liberal Party:
(i) divide the payment into such shares as are agreed upon between the
agents of the State branches of those parties that are organised on the basis of
the State or Territory in which the members of the group stood for election or,
in the absence of agreement, into such shares as the Electoral Commission
determines; and
(ii) in the case of the share applicable to a State branch of the Liberal
Party in accordance with that agreement or determination, as the case may
be—pay the share to the agent of the Liberal Party; and
(iii) in the case of the share applicable to the agent of the other party
in accordance with that agreement or determination, as the case may be—pay
the share to the agent of the other party; or
4 Paragraph 299(4)(b)
Omit “where”, substitute “if paragraphs (ac) and
(ad) do not apply and”.
5 Subsection 299(5)
Omit “subparagraph (4)(b)(i)”, substitute
“subparagraph (4)(ac)(i), (ad)(i) or (b)(i)”.
6 After subsection 299(5D)
Insert:
(5E) The agent of the Liberal Party may, before the polling day for an
election, give the Electoral Commission a written notice determining that, for
the purposes of the application of this section to the election:
(a) a specified percentage is the federal percentage applicable to a
specified State branch of the Liberal Party; and
(b) a specified percentage is the State percentage applicable to a
specified State branch of the Liberal Party.
(5F) The sum of:
(a) the federal percentage applicable to a particular State branch of the
Liberal Party; and
(b) the State percentage applicable to the State branch of the Liberal
Party;
must be 100%.
(5G) A notice under subsection (5E) has effect accordingly.