COMMONWEALTH ELECTORAL AMENDMENT ACT (NO. 1) 2002 NO. 81, 2002 - SCHEDULE 1 - Amendment of the Commonwealth Electoral Act 1918

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COMMONWEALTH ELECTORAL AMENDMENT ACT (NO. 1) 2002 NO. 81, 2002 - SCHEDULE 1

- Amendment of the Commonwealth Electoral Act 1918

1AA Subsection 287(1)

Insert:

designated federal party has the meaning given by subsection 287B(1).

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 .

1A At the end of Division 1 of Part XX

Add:

287B Designated federal party

(1): For the purposes of this Part, a designated federal party is a registered political party (other than the Liberal Party), where:

(a): there are 2 or more State branches of the party; and
(b): there is in force a choice under subsection (2) that the party be treated as a designated federal party for the purposes of this Part.

(2): The registered officer of a registered political party may, on behalf of the party, give the Electoral Commission a written notice stating that the party chooses to be treated as a designated federal party for the purposes of this Part.
(3): A choice under subsection (2) may be revoked at any time by the registered officer by written notice given to the Electoral Commission.
(4): Despite subsection (3), a choice under subsection (2) must not be revoked during the period:

(a): beginning at the start of the polling day for an election; and
(b): ending on the 14th day after the day on which the writ for that election is returned.

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;

(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
(ba): if:

(i): the party is a designated federal party or a State branch of a designated federal party; and
(ii): a notice for the election is in force under subsection (5H) in relation to the State branch of the designated federal party that is organised on the basis of the State or Territory in which the candidate or candidates stood for election;

(bb): if:

(i): paragraph (ba) does not apply; and
(ii): the party is a designated federal party or a State branch of a designated federal party;

(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;

(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;

(aaa): if:

(i): the members of the group were endorsed by one registered political party and that party is a designated federal party or a State branch of a designated federal party; and
(ii): a notice for the election is in force under subsection (5H) in relation to the State branch of the designated federal party that is organised on the basis of the State or Territory in which the members of the group stood for election;

(aab): if:

(i): paragraph (aaa) does not apply; and
(ii): the members of the group were endorsed by one registered political party and that party is a designated federal party or a State branch of a designated federal party;

(ab): if paragraphs (a), (aa), (aaa) and (aab) 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

(ae): if the members of the group were endorsed by 2 registered political parties, only one of those parties is a designated federal party or a State branch of a designated federal party, and a notice for the election is in force under subsection (5H) in relation to the State branch of the designated federal 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 designated federal 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 designated federal party and the applicable State percentage of the share to the agent of the State branch of the designated federal 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

(af): if paragraph (ae) does not apply, the members of the group were endorsed by 2 registered political parties, and only one of those parties is a designated federal party or a State branch of a designated federal 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 designated federal party in accordance with that agreement or determination, as the case may be—pay the share to the agent of the designated federal 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), (ad), (ae) and (af) do not apply and".

5 Subsection 299(5)

Omit "subparagraph (4)(b)(i)", substitute "subparagraph (4)(ac)(i), (ad)(i), (ae)(i), (af)(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): For the purposes of subsection (5E), 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.
(5H): The registered officer of a designated federal 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 party; and
(b): a specified percentage is the State percentage applicable to a specified State branch of the party.

(5J): For the purposes of subsection (5H), the sum of:

(a): the federal percentage applicable to a particular State branch of a designated federal party; and
(b): the State percentage applicable to the State branch of the party;

must be 100%.

(5K): A notice under subsection (5H) has effect accordingly.

7 After section 299

Insert:

299A Method of making payments

Payment by direct credit or by cheque

(1): If the Electoral Commission is required to pay an amount under section 299 to the agent or principal agent of a party, the Electoral Commission must pay the amount:

(a): if the party has nominated a bank account for the purposes of this section—to the credit of that account; or
(b): otherwise—by cheque payable to the party.

Nominated bank account

(2): A bank account nominated by a party for the purposes of this section must satisfy the following conditions:

(a): the account must be maintained by the party;
(b): the account must be with a bank;
(c): the account must be kept in Australia;
(d): the account name must consist of, or include:

(i): if the account is maintained by a registered political party—the name of the party as it appears in the Register of Political Parties; or
(ii): if the account is held by a State branch of a political party, and the branch is not a registered political party—the name of the State branch.

Name on cheque

(3): For the purposes of this section, a cheque is taken not to be payable to a party unless:

(a): if the party is a registered political party—the cheque is made out:

(i): if a determination under subsection (4) is in force in relation to the name of the party—in the special abbreviation of the name of the party; or
(ii): otherwise—in the name of the party, being the name as it appears in the Register of Political Parties; or

(b): if the party is a State branch of a political party, and the branch is not a registered political party—the cheque is made out:

(i): if a determination under subsection (4) is in force in relation to the name of the State branch—in the special abbreviation of the name of the State branch; or
(ii): otherwise—in the name of the State branch.

Abbreviation of party names

(4): The Electoral Commission may, by notice published in the Gazette , determine that a specified abbreviation of the name of a party is a special abbreviation of the name of the party for the purposes of this section.
(5): The Electoral Commission must publish a copy of a notice under subsection (4) on the Internet.
(6): Before making a determination under subsection (4) in relation to a party, the Electoral Commission must consult the party.
(7): To avoid doubt, if a cheque under this section is made out in the special abbreviation of the name of a party, the cheque is as valid as it would have been if it had been made out in the name of the party.

Dispatch of cheques

(8): To avoid doubt, if a cheque under this section is payable to a party, this section does not prevent the Electoral Commission from dispatching the cheque to the agent or principal agent of the party.

Definitions

(9): In this section:

bank means a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .

party means a registered political party or a State branch of a registered political party.

8 After section 306A

Insert:

306B Repayment of gifts where corporations wound up etc.

Where:

(a): a political party, a candidate or a member of a group receives a gift from a corporation being a gift the amount of which is equal to or exceeds $1,000; and
(b): the corporation within a period concluding one year after making the gift has been wound up in insolvency or wound up by the court on other grounds;

an amount equal to the amount of the gift is payable by the political party to the liquidator and may be recovered by the liquidator as a debt due to the liquidator by action, in a court of competent jurisdiction against:

(c): in the case of a gift to or for the benefit of a political party or a State branch of a political party:

(i): if the party or branch, as the case may be, is a body corporate—the party or branch, as the case may be; or
(ii): in any other case—the agent of the party or branch, as the case may be; or

(d): in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

: Note 1: The gift received by the liquidator is an asset of the corporation to be distributed under the provisions of the Corporations Act 2001 .

9 After subsection 316(2C)

Insert:

(2D): Where a body corporate, unincorporated body or individual has made a gift or disposition of property of $25,000 or more to a registered political party or candidate, an authorised officer must conduct an investigation of that gift or disposition of property in accordance with this section.

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