This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Election Funding Act 1981 in relation to:

(a) payments of election campaign expenditure funding from the Constituency
Fund established under that Act to certain Legislative Assembly candidates for
election, and

(b) increasing the powers of the Election Funding Authority to enable it to
investigate certain failures to disclose electoral expenditure as required by that
Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Election
Funding Act 1981 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
The Election Funding Act 1981 enables candidates for election to the Legislative
Assembly, if eligible, to claim payment for expenditure incurred for election
campaign purposes from the Constituency Fund established under that Act. Claims
may only be made for such expenditure when it is incurred by the candidate or a
person lawfully appointed by the candidate as his or her agent.

Schedule 1 [1] inserts proposed section 74 (6) and (7) into the Election Funding Act
1981 to make it clear that an endorsed candidate of a registered political party at a
Legislative Assembly election may claim as electoral expenditure amounts incurred
by the political party for the benefit of the candidate, or for the benefit of the
candidate and other candidates endorsed by the party, at the election (such as
advertising or printing costs) and invoiced by that party to the candidate for payment.

Part 6 of the Election Funding Act 1981 requires certain political parties, groups,
candidates and other persons who incur electoral expenditure to disclose that
expenditure to the Election Funding Authority. To enforce compliance with that Act,
an authorised member of staff for the Election Funding Authority has, under section
110 of that Act, certain powers of inspection, examination and inquiry in relation to
such parties, groups and candidates and agents for such parties, groups and
candidates. However, neither the Election Funding Authority nor those authorised
staff members have similar powers in relation to other persons.

Schedule 1 [2] inserts proposed section 110A into the Election Funding Act 1981 to
provide that if the Election Funding Authority, or an authorised member of staff of
the Election Funding Authority, reasonably suspects that a person has failed to lodge
a declaration relating to electoral expenditure as required by section 85A of that
Act (Obligation of persons (other than parties etc) to make disclosure), the Authority,
or the authorised staff member, may require any other person whom the Authority,
or the authorised staff member, reasonably suspects may have information regarding
that electoral expenditure to give certain information and produce documents in
relation to that failed disclosure or the electoral expenditure. It will be an offence,
carrying a maximum penalty of 100 penalty units (currently $11,000) to fail, without
reasonable excuse, to comply with such a requirement.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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