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2002
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
COMMONWEALTH ELECTORAL AMENDMENT BILL (No.
1) 2002
EXPLANATORY
MEMORANDUM
(Circulated with the authority of the Special
Minister of State,
Senator the Honourable Eric
Abetz)
COMMONWEALTH ELECTORAL AMENDMENT BILL (No. 1) 2002
OUTLINE
The Bill contains amendments to the
Commonwealth Electoral Act 1918 (CEA) that will provide that the agent of
the Liberal Party of Australia (commonly known as the Federal Secretariat) may,
before polling day, provide a written notice to the Electoral Commission
specifying the percentage of public funding that is the ‘federal
percentage’, and the percentage that is the ‘State percentage’
for a specified State Division of the Liberal Party.
If such a notice
has been provided, following the election the public funding for the Liberal
Party is to be paid accordingly, with the ‘federal percentage’ being
paid to the agent of the Liberal Party of Australia (commonly known as the
Federal Secretariat), and the ‘State percentage’ being paid to the
relevant State/Territory Division of the Liberal Party.
If no such notice
has been lodged, following the election public funding for the Liberal Party is
to be paid to the agent of the Liberal Party of Australia (commonly known as the
Federal Secretariat), rather than to the State/Territory Divisions of the
Liberal Party.
The Bill was introduced into the House of Representatives
on 9 August 2001, during the 39th Parliament, but lapsed when the
Parliament was prorogued for the 2001 Federal
Election.
FINANCIAL IMPACT STATEMENT
The Australian
Electoral Commission (AEC) will absorb any costs involved in administering these
provisions (which are expected to be minor).
NOTES ON CLAUSES
Clause 1 – Short title
1. This clause provides
for the Act to be cited as the Commonwealth Electoral Amendment Act (No. 1)
2002.
Clause 2 – Commencement
2. This clause
provides that the Act will commence on Royal Assent. It is necessary to provide
that the Act commence on Royal Assent, rather than 28 days after Royal Assent,
to ensure that the provisions of the Act are in effect prior to the next Federal
Election. As this Act should have no impact on any persons or organisations
other than the Liberal Party, it is not anticipated that this commencement
provision will have any adverse implications.
Clause 3 –
Schedule(s)
3. This clause provides that each Act specified in a
Schedule is amended or repealed as set out in the Schedule, and any other item
in a Schedule has effect according to its terms.
Schedule 1
– Amendments to Commonwealth Electoral Act 1918
(CEA)
Item 1 – Definition of ‘Liberal
Party’
4. This amendment inserts into subsection 287(1) a
definition of ‘Liberal Party’ as the party that is registered as the
Liberal Party of Australia (commonly known as the Federal Secretariat) at the
commencement of Division 2A (that is, when this Act receives Royal Assent).
Should the Liberal Party of Australia subsequently change its name under Part XI
of the CEA, the provisions of this Act will continue to operate for the party
that was formerly known as the Liberal Party of Australia.
Item 2
– Election funding payments for the Liberal Party to be made to the agent
of the Liberal Party
5. This item repeals and substitutes a new
subsection 299(1) to provide that following an election, if payment is to be
made in respect of votes received by candidates endorsed by the Liberal Party or
a State Division of the Liberal Party at the election, and if a notice has been
lodged with the Electoral Commission under proposed new subsection 299(5E) of
the CEA (at Item 6), the federal percentage as set out in the notice must be
paid to the agent of the Liberal Party of Australia (commonly known as the
Federal Secretariat), and the State percentage as set out in the notice must be
paid to the agent of the relevant State/Territory Division of the Liberal Party.
6. Where no notice has been lodged under proposed new subsection 299(5E)
specifying the federal and State percentages, the payment in respect of votes
received by candidates endorsed by the Liberal Party or a State Division of the
Liberal Party at the election must be made to the agent of the Liberal Party of
Australia (commonly known as the Federal Secretariat).
7. It should be
noted that subsection 287(1) defines “State branch” to include a
branch or division of the party that is organised on the basis of a particular
State or Territory. Accordingly references to “State branch” in the
legislation are to be read as applying to State and Territory Divisions of the
Liberal Party in this instance.
8. The situation whereby if there is a
principal agent appointed for the Australian Democrats, the payment is made to
that person, remains unchanged, as does the situation for the payment to be made
to the relevant party agent in any other case.
Items 3, 4 and 5
– Election funding payments for Senate groups
9. Item 3 repeals
and replaces paragraph 299(4)(a) to provide that if payment is to be made in
respect of votes received by a group at a Senate election, where the Liberal
Party of Australia (commonly known as the Federal Secretariat) or a State
Division of the Liberal Party endorsed all the members of the group, and where a
notice has been lodged with the Electoral Commission under proposed new
subsection 299(5E), the federal percentage must be paid to the agent of the
Liberal Party of Australia (commonly known as the Federal Secretariat), and the
State percentage must be paid to the agent of the relevant State/Territory
Division of the Liberal Party.
10. If the members of the group were
endorsed by two political parties (such as, some by the Liberal Party and others
by the National Party), and a notice has been lodged with the Electoral
Commission under proposed new subsection 299(5E), the share of the election
funding due to the relevant State/Territory Division of the Liberal Party is to
be divided so that the federal percentage is paid to the agent of the Liberal
Party of Australia (commonly known as the Federal Secretariat), and the State
percentage is paid to the agent of the relevant State/Territory Division of the
Liberal Party.
11. The current situation is unchanged in relation to the
case where the members of the group were endorsed by two political parties (such
as, some by the Liberal Party and others by the National Party) and the parties
have not agreed on how the election funding is to be shared. Subparagraph
299(4)(b)(i) will continue to allow for the Electoral Commission to determine
the shares to be received by each party.
12. Where no notice has been
provided to the Electoral Commission under proposed new subsection 299(5E), the
payment to be made in respect of votes received by a group at a Senate election
endorsed by the Liberal Party or a State Division of the Liberal Party at the
election must be made to the agent of the Liberal Party of Australia (commonly
known as the Federal Secretariat).
13. To clarify, it should be noted
that the reference to “those agents” in subparagraph 299(4)(b)(ii)
includes agents whether they have entered into a sharing agreement or the
Electoral Commission has made a determination. If one of “those
agents” (the agents who came to an agreement as to the share of the
election funding) is the agent of a State Division of the Liberal Party, the
applicable share shall be paid to the agent of the Liberal Party of Australia
(commonly known as the Federal Secretariat). In the absence of such an
agreement between the agents (an agreement as to the share of the election
funding), and where the Electoral Commission has determined the share, the
applicable share will be paid to the agent of the Liberal Party of Australia
(commonly known as the Federal Secretariat).
Item 6 – Specifying
the ‘federal percentage’ and ‘State
percentage’
14. This item inserts new subsections 299(5E), (5F)
and (5G). Currently, all public funding payments made under Division 3 of the
CEA are made to the agent of the relevant State or Territory Division of the
Liberal Party. This amendment provides that the agent of the Liberal Party of
Australia (commonly known as the Federal Secretariat) may provide to the
Electoral Commission, prior to polling day, a written notice setting out, for
each payment that would previously have been paid to a State or Territory
Division of the Liberal Party, a ‘federal percentage’ and a
‘State percentage’.
15. The ‘federal percentage’
is to be paid to the agent of the Liberal Party of Australia (commonly known as
the Federal Secretariat) and the ‘State percentage’ is to be paid to
the agent of the relevant State Division of the Liberal Party.
16. The
sum of the two percentages (the federal and State percentages) must total 100%.