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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parliamentary Electorates and
Elections Amendment (Party
Registration) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Parliamentary Electorates and Elections Act
1912 No 41 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Parliamentary Electorates and
Elections Amendment (Party
Registration) Bill 2002
Act No , 2002
An Act to amend the Parliamentary Electorates and Elections Act 1912 in relation
to the registration of political parties.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Parliamentary Electorates and Elections Amendment (Party Registration)
Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Parliamentary Electorates and Elections Amendment
(Party Registration) Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
The Parliamentary Electorates and Elections Act 1912 is amended as
set out in Schedule 1.
Page 2
Parliamentary Electorates and Elections Amendment (Party Registration)
Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 66D Application for registration
Insert after section 66D (2):
(2A) An application for the registration of a party may include an
additional list of names and addresses of electors who are
members of the party (and accompanying declarations) to
supplement the required list of 750 electors who are members
of the party in the event that the Electoral Commissioner
determines that the party is not entitled to rely on any person
named in the application as a member of the party.
[2] Section 66D (4)
Insert after section 66D (3):
(4) On receipt of an application for the registration of a party, the
Electoral Commissioner may carry out preliminary tests and
inquiries (including any test or inquiry referred to in section
66G) to determine whether the party is an eligible party and the
application is duly made.
[3] Section 66DA Notice of application for registration
Omit "On receipt of an application for the registration of a party, the" from
section 66DA (1).
Insert instead "If, after carrying out any preliminary tests and inquiries with
respect to an application for the registration of a party, the Electoral
Commissioner is satisfied that the party may be an eligible party and the
application may be duly made, the".
Page 3
Parliamentary Electorates and Elections Amendment (Party Registration)
Bill 2002
Schedule 1 Amendments
[4] Section 66FA Entitlements resulting from party registration not available
until first anniversary of registration
Insert after section 66FA (3):
(4) If the registration of a party has been wrongfully delayed by
any act or omission of the Electoral Commissioner, the
Supreme Court or the Electoral Commissioner may, by order,
backdate the registration of the party to the date on which the
party should have been registered. Such an order cannot be
made so as to backdate the registration of a party to a date
during or before a previous period referred to in section 66F.
(5) The Register of Parties cannot be amended to backdate the
registration of a party, except as authorised by an order under
subsection (4).
[5] Section 66G Refusal to register
Insert after section 66G (2):
(2A) The Electoral Commissioner:
(a) may, before registering a party, require a written
response from at least a specified percentage of all or
any specified number of the members relied on for
registration of the party confirming that they are in fact
members of the party, and
(b) may adopt any other test for verifying membership of
the party that must be satisfied before the party is
registered, and
(c) may make other inquiries about the members of the
party or the party for the purpose of determining
whether the party is an eligible party and the application
for its registration is duly made.
The regulations may (but need not) sanction particular tests or
inquiries for the purposes of this subsection.
Page 4
Parliamentary Electorates and Elections Amendment (Party Registration)
Bill 2002
Amendments Schedule 1
[6] Section 66I Cancellation of registration
Insert after section 66I (2):
(2A) Without limiting subsection (2), the Electoral Commissioner
may, for the purpose of determining whether a registered party
is still an eligible party:
(a) carry out the tests and inquiries referred to in section
66G (2A), and
(b) require any such test to be satisfied within a reasonable
period determined by the Electoral Commissioner.
[7] Section 66K Statutory declarations
Insert after section 66K (2):
(3) This section extends to verification of information provided by
persons relied on as members of a party for the purposes of
registration or continued registration.
[8] Section 66N Transitional and other arrangements
Insert after section 66N (12):
(13) The power conferred on the Electoral Commissioner by section
66G (2A), or by any other provision made by the
Parliamentary Electorates and Elections Amendment (Party
Registration) Act 2002, is taken to have been conferred on and
from the commencement of the new registration requirements,
and anything done or omitted by the Electoral Commissioner
before the commencement of the provision that would have
been validly done or omitted if the provision had been in force
when it was done or omitted is validated.
(14) Without limiting subsection (13), the Electoral Commissioner
was entitled (and continues to be entitled) to refuse to register
(or to continue the registration of) a party until at least 75% of
a sample of or of about 300 members relied on for registration
or continued registration of the party (and chosen by the
Electoral Commissioner) have replied to a letter from the
Electoral Commissioner confirming that they are members of
the party.
Page 5
Parliamentary Electorates and Elections Amendment (Party Registration)
Bill 2002
Schedule 1 Amendments
(15) Despite anything to the contrary in this Part:
(a) the initial registration of the party called Save Our
Suburbs that was directed to be made by order of the
Supreme Court on 30 August 2002 is not affected by
any amendment to this Part made by the Parliamentary
Electorates and Elections Amendment (Party
Registration) Act 2002, and
(b) that party is taken to have been registered on 1 March
2002, and
(c) the Register of Parties may be amended accordingly.
(16) Subsections (13) and (14) have effect in connection with an
application for the registration or continued registration of a
party even though proceedings are pending in a court on the
commencement of those subsections in connection with that
application or registration.
Page 6
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