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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL REFORM (ELECTORAL FUNDING) 2006

                       Western Australia


     Electoral Reform (Electoral Funding)
                   Bill 2006

                          CONTENTS


1.       Short title                                                2
2.       Commencement                                               2
3.       The Act amended                                            2
4.       Section 84 amended                                         2
5.       Heading to Part VI amended                                 2
6.       Part VI Division 2A inserted                               3
         Division 2A -- Electoral funding
         175LA.    Terms used in this Division                3
         175LB.    General entitlement to funds               4
         175LC. Election funding reimbursement amount         4
         175LD. Claims for payment                            5
         175LE.    Electoral Commissioner to determine
                   claims                                     7
         175LF.    Circumstances in which payment to be
                   made                                       7
         175LG. Amount of payment not to exceed
                   electoral expenditure                       8
         175LH. Making of payments                             9
         175LI.    Revocation of decision regarding payment   10
         175LJ.    Death of candidate                         10
         175LK.    Appropriation of moneys                    11
7.       Section 175N amended                                      11
8.       Section 175U amended                                      11
9.       Section 175V amended                                      12
10.      Section 175W amended                                      12
11.      Section 175ZB amended                                     12
12.      Section 175ZC amended                                     12
13.      Section 175ZD amended                                     13




                             163 -- 3                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


        Electoral Reform (Electoral Funding)
                      Bill 2006


                               A Bill for


An Act to amend the Electoral Act 1907.



The Parliament of Western Australia enacts as follows:




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     Electoral Reform (Electoral Funding) Bill 2006



     s. 1




     1.         Short title
                This is the Electoral Reform (Electoral Funding) Act 2006.

     2.         Commencement
                This Act comes into operation on the day after the day on which
 5              this Act receives the Royal Assent.

     3.         The Act amended
                The amendments in this Act are to the Electoral Act 1907*.
                [* Reprint 13 as at 9 September 2005.
                   For subsequent amendments see Act No. 34 of 2004.]

10   4.         Section 84 amended
          (1)   Section 84(1)(a) is amended by deleting "one-twentieth" and
                inserting instead --
                "   4%   ".
          (2)   Section 84(1)(b) and (c) are amended by deleting "one-tenth"
15              and inserting instead --
                "   4%   ".

     5.         Heading to Part VI amended
                The heading to Part VI is amended by deleting "Disclosure" and
                inserting instead --

20              "   Electoral funding and disclosure             ".




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                                Electoral Reform (Electoral Funding) Bill 2006



                                                                             s. 6



     6.     Part VI Division 2A inserted
            After Part VI Division 2 the following Division is inserted --
     "
                      Division 2A -- Electoral funding
 5        175LA. Terms used in this Division
            (1)   In this Division --
                  "election" does not include an election held before the
                       coming into operation of the Electoral Reform
                       (Electoral Funding) Act 2006 section 6;
10                "eligible vote" means --
                       (a) a vote given at an election in which there are
                             only 2 candidates; or
                       (b) a first preference vote given at an election in
                             which there are more than 2 candidates,
15                     but does not include any vote on a ballot paper that
                       has been rejected;
                  "party group" means a group all the persons included
                       in which have been endorsed by the same
                       registered political party.
20          (2)   For the purposes of this Division, a reference to a vote
                  given includes a reference to a vote deemed under
                  section 146F to have been given.
            (3)   For the purposes of this Division, electoral expenditure
                  incurred in relation to an election by or with the
25                authority of --
                    (a) a candidate endorsed by a registered political
                          party who is not included in a group; or
                    (b) persons included in a party group,
                  is taken to have been incurred by or with the authority
30                of the party.


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     s. 6



            175LB. General entitlement to funds
                    Subject to this Division, after an election the election
                    funding reimbursement amount under section 175LC is
                    payable for each eligible vote given for a candidate.

 5          175LC. Election funding reimbursement amount
              (1)   The election funding reimbursement amount is --
                     (a) is taken, as at 30 June 2006, to have been
                           $1.39413; and
                     (b) thereafter is the amount worked out, to 5
10                         decimal places, under subsection (2).
              (2)   The election funding reimbursement amount is taken to
                    have been adjusted on 1 July 2006 and is to be adjusted
                    for each subsequent financial year on 1 July of that
                    financial year using the formula --
                             A×B
15
                              C
                    where --
                    "A" is the election funding reimbursement amount
                        immediately before 1 July in a year; and
                    "B" is the CPI number published for the March quarter
20                      in the year; and
                    "C" is the CPI number published for the March quarter
                        in the previous year.
              (3)   In subsection (2) --
                    "CPI" means the all groups consumer price index for
25                       Perth published by the Australian Statistician
                         referred to in section 5 of the Australian Bureau of
                         Statistics Act 1975 of the Commonwealth.




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                                                                         s. 6



       (4)   If, for a particular financial year, adjustment of the
             election funding reimbursement amount would reduce
             the amount, the amount is not to be adjusted for the
             year.
 5     (5)   If an amount would, if calculated to 6 decimal places,
             end with a number more than 4, the amount is taken to
             be the amount calculated to 5 decimal places and
             increased by 0.00001.

     175LD. Claims for payment
10     (1)   A payment under this Division cannot be made unless a
             claim for the payment has been lodged with the
             Electoral Commissioner in an approved form before
             the expiration of the claims period referred to in
             subsection (6).
15     (2)   A claim for payment under this Division for the
             eligible votes given for a candidate endorsed by a
             registered political party may be lodged by, and only
             by --
               (a)   in the case of a candidate not included in a group,
20                   the agent of the registered political party; or
              (b)    in the case of a candidate included in a party
                     group, the agent of the registered political
                     party; or
               (c)   in the case of a candidate included in a group,
25                   other than a party group, the agent of the group.
       (3)   If a registered political party endorsed candidates in
             2 or more elections held on the same day, all claims for
             payment under this Division lodged by the agent of the
             party under subsection (2)(a) or (b) in relation to those
30           elections must be lodged as one claim.




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     s. 6



              (4)   A claim for payment under this Division for the
                    eligible votes given for a candidate not endorsed by a
                    registered political party may be lodged by, and only
                    by --
 5                    (a) in the case of a candidate not included in a
                            group, the agent of the candidate; or
                      (b) in the case of a candidate included in a group,
                            the agent of the group.
              (5)   A claim for a payment under this Division is to be
10                  accompanied by any information required by the
                    Electoral Commissioner regarding --
                      (a) in the case of a claim lodged by the agent of a
                           registered political party under
                           subsection (2)(a) or (b), the electoral
15                         expenditure incurred by or with the authority of
                           the party in relation to --
                              (i) the election to which the claim relates;
                                    or
                             (ii) in the case of a claim lodged in
20                                  accordance with subsection (3), the
                                    elections to which the claim relates;
                           or
                      (b) in the case of a claim lodged by the agent of a
                           candidate under subsection (4)(a), the electoral
25                         expenditure incurred by or with the authority of
                           the candidate in relation to the election to
                           which the claim relates; or
                      (c) in the case of a claim lodged by the agent of a
                           group under subsection (2)(c) or (4)(b), the
30                         electoral expenditure incurred by or with the
                           authority of persons included in the group in
                           relation to the election to which the claim
                           relates.



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                                                                          s. 6



       (6)   For the purposes of subsection (1) the claims period
             is --
                (a) the period of 20 weeks after polling day in the
                     election or elections to which the claim relates;
 5                   or
               (b) such longer period as the Electoral
                     Commissioner fixes before the end of the
                     period specified in paragraph (a).
       (7)   The Electoral Commissioner cannot fix a longer period
10           for the purpose of subsection (6)(b) unless satisfied that
             the circumstances of the case justify the fixing of a
             longer period.

     175LE. Electoral Commissioner to determine claims
             A claim for payment under this Division is to be
15           decided by the Electoral Commissioner in accordance
             with this Division.

     175LF. Circumstances in which payment to be made
       (1)   Subject to subsections (2) and (3), a payment can be
             made under this Division in respect of eligible votes
20           given for a candidate in an election if, and only if, the
             number of those eligible votes is more than 4% of the
             total number of eligible votes given at the election.
       (2)   If a candidate in an election in a region is included in a
             group, a payment can be made under this Division in
25           respect of eligible votes given for the candidate as long
             as the total number of eligible votes given for
             candidates in the election included in the group is more
             than 4% of the total number of eligible votes given at
             the election.
30     (3)   In the case of a claim lodged by the agent of the
             registered political party in accordance with
             section 175LD(3), a payment can be made under this

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     s. 6



                    Division in respect of eligible votes given for a
                    candidate endorsed by the party as long as the total
                    number of eligible votes given, at the elections to
                    which the claim relates, for candidates endorsed by the
 5                  party is more than 4% of the total number of eligible
                    votes given at those elections.
              (4)   Subsections (2) and (3) do not limit each other's
                    operation.

            175LG. Amount of payment not to exceed electoral
10                 expenditure
              (1)   The amount of a payment under this Division made in
                    respect of a claim under section 175LD is not to
                    exceed --
                      (a) if the claim is lodged by the agent of a
15                          registered political party under
                            section 175LD(2)(a) or (b), the electoral
                            expenditure incurred by or with the authority of
                            the party in relation to --
                               (i) the election to which the claim relates;
20                                  or
                              (ii) in the case of a claim lodged in
                                    accordance with section 175LD(3), the
                                    elections to which the claim relates,
                            less any input tax credit in respect of that
25                          expenditure; or
                      (b) if the claim is lodged by the agent of a
                            candidate under section 175LD(4)(a), the
                            electoral expenditure incurred by or with the
                            authority of the candidate in relation to the
30                          election to which the claim relates, less any
                            input tax credit in respect of that expenditure;
                            or



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                                                                        s. 6



               (c)   if the claim is lodged by the agent of a group
                     under section 175LD(2)(c) or (4)(b), the
                     electoral expenditure incurred by or with the
                     authority of persons included in the group in
 5                   relation to the election to which the claim
                     relates, less any input tax credit in respect of
                     that expenditure.
       (2)   In subsection (1) --
             "input tax credit" means an entitlement arising under
10                section 11-20 or 15-15 of the A New Tax System
                  (Goods and Services Tax) Act 1999 of the
                  Commonwealth.

     175LH. Making of payments
       (1)   If the Electoral Commissioner is satisfied, in respect of
15           a claim under section 175LD(2)(a) or (b), that an
             amount is payable under this Division for eligible votes
             given at an election or elections for a candidate or
             candidates endorsed by a registered political party, the
             Electoral Commissioner shall make the payment to the
20           agent of the party.
       (2)   If the Electoral Commissioner is satisfied, in respect of
             a claim under section 175LD(4)(a), that an amount is
             payable under this Division for eligible votes given at
             an election for a candidate, the Electoral Commissioner
25           shall make the payment to the agent of the candidate.
       (3)   If the Electoral Commissioner is satisfied, in respect of
             a claim under section 175LD(2)(c) or (4)(b), that an
             amount is payable under this Division for eligible votes
             given at an election for persons included in a group, the
30           Electoral Commissioner shall make the payment to the
             agent of the group.
       (4)   If a payment is made under this Division and the
             recipient is not entitled to receive the whole or a part of


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     s. 6



                     the amount paid, whether because of a false statement
                     in a claim or otherwise, the amount or the part of the
                     amount may be recovered by the State as a debt due to
                     the State by action, in a court of competent jurisdiction,
 5                   against the person.

            175LI. Revocation of decision regarding payment
               (1)   If the Electoral Commissioner is satisfied that the
                     amount of a payment decided under section 175LE
                     exceeds, or is less than, the amount payable to the
10                   claimant, the Commissioner may revoke the decision
                     and make a fresh decision.
               (2)   If the amount payable under the fresh decision is less
                     than the amount paid to a person under the revoked
                     decision, the difference between the amounts fixed by
15                   the decisions may be recovered by the State as a debt
                     due to the State by action, in a court of competent
                     jurisdiction, against the person.

            175LJ. Death of candidate
               (1)   If a candidate for whom eligible votes were given at an
20                   election dies, a payment under this Division for the
                     eligible votes given for the candidate may be made
                     despite the candidate's death.
               (2)   If the candidate --
                        (a) was not endorsed in the election by a registered
25                            political party; and
                       (b) was not included in a group; and
                        (c) had not appointed an agent,
                     a claim for the payment may be lodged by, and the
                     payment may be made to, the legal personal
30                   representative of the candidate.




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                                                                               s. 7



                (3)   If the candidate --
                         (a) was included in a group other than a party
                               group; and
                        (b) was the agent of the group,
 5                    another person included in the group may lodge a claim
                      for a payment under this Division for the eligible votes
                      given for persons included in the group, and the
                      payment may be made to that other person.
                (4)   This section has effect despite sections 175LD
10                    and 175LH.

            175LK. Appropriation of moneys
                      Any payment made under this Division shall be
                      charged to the Consolidated Fund which is to the extent
                      necessary appropriated accordingly.
15                                                                               ".

     7.         Section 175N amended
                Section 175N(2) is amended after paragraph (b) by deleting the
                full stop and inserting --
                       "
20                            ;
                        (c)   any income that consists of a payment received
                              under Division 2A.
                                                                                 ".
     8.         Section 175U amended
25        (1)   Section 175U(3) is amended by deleting "and that return" and
                inserting instead --
                "
                      or a claim that the agent may lodge under Division 2A
                      and that return or claim
30                                                                               ".


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     s. 9



           (2)   Section 175U(4) is amended by deleting "and that return" and
                 inserting instead --
                 "
                       or a claim that the person may lodge under Division 2A
 5                     and that return or claim
                                                                                ".
           (3)   Section 175U(5) is amended by deleting "information that
                 relates to the return" and inserting instead --
                 "
10                     , or may lodge a claim under Division 2A, information
                       that relates to the return or claim
                                                                                ".

     9.          Section 175V amended
                 Section 175V(1) is amended by inserting after "section" --
15               "   175LH(4), 175LI(2) or    ".

     10.         Section 175W amended
                 Section 175W(4) is amended by inserting after "return" --
                 " or claim    ".

     11.         Section 175ZB amended
20               Section 175ZB(1), (2), (2a), (4) and (9) are amended by
                 inserting after "return" in each place where it occurs --
                 " or claim    ".

     12.         Section 175ZC amended
           (1)   Section 175ZC(1) is amended by inserting after "each" --
25               "   claim under Division 2A and each    ".




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                                                                                s. 13



           (2)   Section 175ZC(2) is amended as follows:
                   (a) by inserting after "copy of a" in both places where it
                        occurs --
                        " claim or a ";
 5                (b) by inserting after "which the" --
                        " claim or ".

     13.         Section 175ZD amended
                 Section 175ZD(1) is amended by inserting after "section" --
                 "   175LH(4), 175LI(2) or    ".

10




 


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