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2002
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
COMMONWEALTH ELECTORAL AMENDMENT (MEMBERS OF LOCAL GOVERNMENT BODIES) BILL 2002
(Circulated by authority of the Special Minister of State, Senator the Hon. Eric Abetz)
COMMONWEALTH ELECTORAL AMENDMENT (MEMBERS OF LOCAL OVERNMENT BODIES) BILL 2002
The proposed amendment to the Commonwealth Electoral Act 1918 (the Electoral Act) seeks to ensure that eligible members of a local government body do not suffer any penalty arising from their decision to stand as candidates for election to either the House of Representatives or the Senate.
The amendment inserts new subsections in section 327 of the Electoral Act to provide that a law of a State or Territory has no effect to the extent to which that law discriminates against a member of a local government body who has been, is, or is to be, nominated or declared as a candidate in an election for the House of Representatives or the Senate.
Financial impact statement
This Bill has no financial
impact.
COMMONWEALTH ELECTORAL AMENDMENT
(MEMBERS OF LOCAL GOVERNMENT BODIES) BILL 2002
1. Clause 1 is a formal provision specifying the short title of the Bill - the Commonwealth Electoral Amendment (Members of Local Government Bodies) Bill 2002.
Clause 2 Commencement
2. This Bill will commence on Royal Assent. Immediate commencement will provide certainty to potential candidates.
Clause 3 Schedule
3. Each Act that is specified in the Schedule is amended or repealed as specified in the applicable items in the schedule concerned.
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
4. Item 1 of Schedule 1 will insert two new subsections (3) and (4) in section 327 of the Commonwealth Electoral Act 1918 (the Electoral Act).
5. New subsection (3) seeks to ensure that members of local government bodies do not suffer any penalty arising from their decision to stand as candidates for election to either the House of Representatives or the Senate.
6. Currently, section 327 seeks to prevent people from hindering or interfering with a person participating in the political process by preventing them from performing political rights or duties relevant to an election under the Electoral Act. Subsection 327(2) specifically prohibits interference against a person making a donation to a political party, candidate, or group. The amendment expands the provisions of this section to prohibit a wider range of circumstances where discrimination might occur.
7. Subsection 327(3) provides that a law of a State or Territory has no effect to the extent to which the law discriminates against a member of a local government body on the ground that the member has been, is, or is to be nominated or declared as a candidate for election to the House of Representatives or the Senate.
8. The amendment to the Electoral Act should in no way be considered to remove or alter any existing Constitutional barriers to qualifying for standing for election. The onus is on all intending candidates and specifically, members of a local government body, to ensure that they Constitutionally qualify for election. Candidates are required to declare on the nomination form that they are Constitutionally qualified for election. The Australian Electoral Commission cannot advise or confirm if a candidate is Constitutionally qualified for election, as this is not within their role. In accordance with the Electoral Act, challenges to the Constitutional qualifications of a candidate are determined by the Court of Disputed Returns following an election.
9. Subsection 327(4) defines member of a local government body as a person who is a member of a local governing body established under a law of a State or Territory.