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Western Australia
Electoral Legislation Amendment Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electoral Act 1907 amended
Division 1 -- Preliminary
3. The Act amended 3
Division 2 -- Amendments about fixed election
dates
4. Section 4 amended 3
5. Section 64 replaced 4
6. Section 70 amended 4
7. Section 71 amended 5
8. Section 72 amended 5
9. Section 76 amended 5
10. Section 156E amended 6
Division 3 -- Amendments about electoral funding
11. Heading to Part VI amended 6
12. Part VI Division 2a inserted and transitional provision 6
13. Section 175N amended 15
14. Section 175U amended 15
15. Section 175V amended 15
16. Section 175W amended 16
17. Section 175ZB amended 16
18. Section 175ZC amended 16
19. Section 175ZD amended 16
243--1 page i
Electoral Legislation Amendment Bill 2003
Contents
Division 4 -- General amendments
20. Long title amended 16
21. Section 4 amended 17
22. Section 5D amended 17
23. Section 5F amended 18
24. Section 18 amended 18
25. Section 67 amended 19
26. Section 77 amended 19
27. Section 84 amended 19
28. Section 85 amended 19
29. Section 90 amended 20
30. Section 92 amended 21
31. Section 95 amended 21
32. Section 100 amended 21
33. Section 100A amended 22
34. Section 100B amended 22
35. Section 102 amended 22
36. Section 132 amended 22
37. Section 192 amended 22
38. Section 188 amended 23
39. Schedule 1 amended 23
40. Minor amendments 24
Part 3 -- Constitution Acts Amendment
Act 1899 amended
Division 1 -- Preliminary
41. The Act amended 26
Division 2 -- Amendments about fixed election
dates
42. Section 8 amended and transitional provisions 26
43. Section 10 amended 28
44. Section 21 amended 28
45. Section 36 amended 28
Division 3 -- General amendments
46. Sections 7 and 20 amended and saving provision 29
47. Section 32 amended and saving provision 29
page ii
Electoral Legislation Amendment Bill 2003
Contents
Part 4 -- Salaries and Allowances
Act 1975 amended
48. The Act amended 31
49. Section 6 amended 31
Part 5 -- Electoral Amendment (Political
Finance) Act 1992 amended
50. The Act amended 32
51. Sections 5 and 6 repealed 32
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Electoral Legislation Amendment Bill 2003
A Bill for
An Act to amend the --
· Electoral Act 1907;
· Constitution Acts Amendment Act 1899;
· Salaries and Allowances Act 1975; and
· Electoral Amendment (Political Finance) Act 1992,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Legislation Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electoral Legislation
Amendment Act 2003.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Part 2 Division 3 comes into operation on a day fixed by
proclamation.
page 2
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Preliminary Division 1
s. 3
Part 2 -- Electoral Act 1907 amended
Division 1 -- Preliminary
3. The Act amended
The amendments in this Part are to the Electoral Act 1907*.
5 [* Reprinted as at 15 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 115.]
Division 2 -- Amendments about fixed election dates
4. Section 4 amended
10 (1) Section 4(1) is amended in the definition of "general election"
as follows:
(a) in paragraph (a) by deleting "64(1)" and inserting
instead --
" 64(2) or (3) ";
15 (b) in paragraph (b) by deleting "64(2)" and inserting
instead --
" 64(4) ".
(2) Section 4(1) is amended by inserting in the appropriate
alphabetical positions the following definitions --
20 "
"election year", in relation to a periodic election,
means the year in which the writ for the periodic
election is issued;
"periodic election" means --
25 (a) a general election for the Assembly the writ
for which is issued under section 64(3); or
(b) any general election for the Council;
".
page 3
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 2 Amendments about fixed election dates
s. 5
5. Section 64 replaced
Section 64 is repealed and the following section is inserted
instead --
"
5 64. Issue of writs for general election
(1) In this section --
"expiry year" of an Assembly means the year in
which that Assembly, if it is not previously
dissolved, will expire by effluxion of time.
10 (2) If an Assembly is dissolved before 1 November last
preceding its expiry year, the Governor shall cause a
writ for elections in all the districts to be issued not
later than 10 days after the dissolution.
(3) If an Assembly is not dissolved before 1 November last
15 preceding its expiry year, the Governor shall cause a
writ for elections in all the districts to be issued on the
third Wednesday of January in the expiry year.
(4) In order to fill seats in the Council that are to be
vacated by effluxion of time at the end of 21 March in
20 a year, the Governor shall cause a writ for elections in
all the regions to be issued on the third Wednesday of
January last preceding that 21 March.
".
6. Section 70 amended
25 (1) Section 70 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 70 the following subsection is inserted --
"
(2) In the case of a periodic election the date fixed as the
30 last day for the nomination of candidates shall be the
second Friday following the date of the writ.
".
page 4
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Amendments about fixed election dates Division 2
s. 7
7. Section 71 amended
After section 71(3) the following subsections are inserted --
"
(4) In the case of a periodic election the date fixed for the
5 polling shall be the third Saturday of February in the
election year.
(5) If the third Saturday of February in an election year is
an excluded day, the date fixed for the polling shall be
the fourth Saturday of February in the election year.
10 (6) In subsection (5) --
"excluded day" means a day appointed as polling day
for an election of the Senate or a general election
of the House of Representatives or as the voting
day for a referendum as defined in section 3 of the
15 Referendum (Machinery Provisions) Act 1984 of
the Commonwealth.
".
8. Section 72 amended
After section 72(1) the following subsection is inserted --
20 "
(2) In the case of a periodic election the date fixed as the
last day for the return of the writ shall not be later than
21 March after polling day.
".
25 9. Section 76 amended
Section 76(3) is amended by deleting "the time prescribed by
the Constitution Acts Amendment Act 1899." and inserting
instead --
" 21 March after polling day. ".
page 5
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 3 Amendments about electoral funding
s. 10
10. Section 156E amended
Section 156E(2) is repealed and the following subsections are
inserted instead --
"
5 (2) A writ shall not be issued under subsection (1) on or
after 1 November last preceding the expiry year and, in
that case, the vacancy is taken for the purposes of
section 64(4) and section 10 of the Constitution Acts
Amendment Act 1899 to occur by effluxion of time at
10 the end of 21 March in the expiry year.
(3) In subsection (2) --
"expiry year" means the year in which the term of
service of the member whose seat has been
vacated would have expired.
15 ".
Division 3 -- Amendments about electoral funding
11. Heading to Part VI amended
The heading to Part VI is amended by deleting "Disclosure" and
inserting instead --
20 " Electoral funding and disclosure ".
12. Part VI Division 2a inserted and transitional provision
(1) After Part VI Division 2 the following Division is inserted --
"
Division 2a -- Electoral funding
25 175LA. Terms used in this Division
(1) In this Division --
"eligible vote" means --
(a) a vote given at an election in which there are
only 2 candidates; or
page 6
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Amendments about electoral funding Division 3
s. 12
(b) a first preference vote given at an election in
which there are more than 2 candidates,
but does not include any vote on a ballot paper that
has been rejected;
5 "party group" means a group all the persons included
in which have been endorsed by the same
registered political party.
(2) For the purposes of this Division, a reference to a vote
given includes a reference to a vote deemed under
10 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
authority of --
(a) a candidate endorsed by a registered political
15 party who is not included in a group; or
(b) persons included in a party group,
shall be taken to have been incurred by or with the
authority of the party.
175LB. General entitlement to funds
20 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.
175LC. Election funding reimbursement amount
(1) The election funding reimbursement amount is --
25 (a) $1.28106; or
(b) the amount worked out, to 5 decimal places,
under subsection (2).
page 7
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 3 Amendments about electoral funding
s. 12
(2) The election funding reimbursement amount is to be
adjusted for each financial year on 1 July of that
financial year using the formula --
A×B
C
5 where --
"A" is the election funding reimbursement amount
immediately before 1 July in a year;
"B" is the CPI number published for the March quarter
in the year; and
10 "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
Perth published by the Australian Statistician
15 referred to in section 5 of the Australian Bureau of
Statistics Act 1975 of the Commonwealth.
(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
20 year.
(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.
25 175LD. Claims for payment
(1) A payment under this Division cannot to 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
30 subsection (6).
page 8
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Amendments about electoral funding Division 3
s. 12
(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 --
5 (a) in the case of a candidate not included in a group,
the agent of the registered political party;
(b) in the case of a candidate included in a party
group, the agent of the registered political
party; or
10 (c) in the case of a candidate included in a group,
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
15 party under subsection (2)(a) or (b) in relation to those
elections must be lodged as one claim.
(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
20 by --
(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.
25 (5) A claim for a payment under this Division is to be
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
30 subsection (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;
or
page 9
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 3 Amendments about electoral funding
s. 12
(ii) in the case of a claim lodged in
accordance with subsection (3), the
elections to which the claim relates;
(b) in the case of a claim lodged by the agent of a
5 candidate under subsection (4)(a), the electoral
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
10 group under subsection (2)(c) or (4)(b), the
electoral expenditure incurred by or with the
authority of persons included in the group in
relation to the election to which the claim
relates.
15 (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;
or
20 (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
for the purpose of subsection (6)(b) unless satisfied that
25 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
decided by the Electoral Commissioner in accordance
30 with this Division.
page 10
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Amendments about electoral funding Division 3
s. 12
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
given for a candidate in an election if, and only if, the
5 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
respect of eligible votes given for the candidate as long
10 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.
(3) In the case of a claim lodged by the agent of the
15 registered political party in accordance with
section 175LD(3), a payment can be made under this
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
20 which the claim relates, for candidates endorsed by the
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.
25 175LG. Amount of payment not to exceed electoral
expenditure
(1) The amount of a payment under this Division made in
respect of a claim under section 175LD is not to
exceed --
30 (a) if the claim is lodged by the agent of a
registered political party under
section 175LD(2)(a) or (b), the electoral
page 11
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 3 Amendments about electoral funding
s. 12
expenditure incurred by or with the authority of
the party in relation to --
(i) the election to which the claim relates;
or
5 (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
expenditure;
10 (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
election to which the claim relates, less any
15 input tax credit in respect of that expenditure;
or
(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
20 authority of persons included in the group in
relation to the election to which the claim
relates, less any input tax credit in respect of
that expenditure.
(2) In subsection (1) --
25 "input tax credit" means an entitlement arising under
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
30 (1) If the Electoral Commissioner is satisfied, in respect of
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
page 12
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Amendments about electoral funding Division 3
s. 12
candidates endorsed by a registered political party, the
Electoral Commissioner shall make the payment to the
agent of the party.
(2) If the Electoral Commissioner is satisfied, in respect of
5 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
shall make the payment to the agent of the candidate.
(3) If the Electoral Commissioner is satisfied, in respect of
10 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
Electoral Commissioner shall make the payment to the
agent of the group.
15 (4) If a payment is made under this Division and the
recipient is not entitled to receive the whole or a part of
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
20 the State by action, in a court of competent jurisdiction,
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
25 exceeds, or is less than, the amount payable to the
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
30 decision, the difference between the amounts fixed by
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.
page 13
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 3 Amendments about electoral funding
s. 12
175LJ. Death of candidate
(1) If a candidate for whom eligible votes were given at an
election dies, a payment under this Division for the
eligible votes given for the candidate may be made
5 despite the candidate's death.
(2) If the candidate --
(a) was not endorsed in the election by a registered
political party;
(b) was not included in a group; and
10 (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
representative of the candidate.
(3) If the candidate --
15 (a) was included in a group other than a party
group; and
(b) was the agent of the group,
another person included in the group may lodge a claim
for a payment under this Division for the eligible votes
20 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 and
175LH.
175LK. Appropriation of moneys
25 Any payment made under this Division shall be
charged to the Consolidated Fund which is to the extent
necessary appropriated accordingly.
".
(2) Part VI Division 2a as inserted by subsection (1) does not apply
30 to an election held before the day on which subsection (1)
comes into operation.
page 14
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
Amendments about electoral funding Division 3
s. 13
13. Section 175N amended
Section 175N(2) is amended after paragraph (b) by deleting the
full stop and inserting --
"
5 ;
(c) any income that consists of a payment received
under Division 2a.
".
14. Section 175U amended
10 (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
15 ".
(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
20 and that return or claim
".
(3) Section 175U(5) is amended by deleting "information that
relates to the return" and inserting instead --
"
25 , or may lodge a claim under Division 2a, information
that relates to the return or claim
".
15. Section 175V amended
Section 175V(1) is amended by inserting after "section" --
30 " 175LH(4), 175LI(2) or ".
page 15
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 4 General amendments
s. 16
16. Section 175W amended
Section 175W(4) is amended by inserting after "return" --
" or claim ".
17. Section 175ZB amended
5 Section 175ZB(1), (2), (2a), (4) and (9) are amended by
inserting after "return" in each place where it occurs --
" or claim ".
18. Section 175ZC amended
(1) Section 175ZC(1) is amended by inserting after "each" --
10 " claim under Division 2a and each ".
(2) Section 175ZC(2) is amended as follows:
(a) by inserting after "copy of a" in both places where it
occurs --
" claim or a ";
15 (b) by inserting after "which the" --
" claim or ".
19. Section 175ZD amended
Section 175ZD(1) is amended by inserting after "section" --
" 175LH(4), 175LI(2) or ".
20 Division 4 -- General amendments
20. Long title amended
The long title is amended by inserting after "elections" --
" and for related purposes ".
page 16
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
General amendments Division 4
s. 21
21. Section 4 amended
(1) Section 4(1) is amended by inserting in the appropriate
alphabetical position the following definition --
"
5 "authorised witness" has the meaning given by
section 94;
".
(2) Section 4(1) is amended by deleting the definition relating to
"print", "printed" or "printing".
10 22. Section 5D amended
After section 5D(3) the following subsections are inserted --
"
(4) The Governor, on the recommendation of the Premier,
may appoint an Acting Deputy Electoral Commissioner
15 to act in the office of the Deputy Electoral
Commissioner --
(a) when the Deputy Electoral Commissioner is
absent from duty for any reason or is absent
from the State;
20 (b) when the Deputy Electoral Commissioner is
acting in the office of Electoral Commissioner
under section 5H(2);
(c) when the Deputy Electoral Commissioner has
been suspended; or
25 (d) when the office of Deputy Electoral
Commissioner is vacant.
(5) Before making a recommendation under subsection (4)
the Premier shall consult with the Parliamentary leader
of each party in the Parliament.
page 17
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 4 General amendments
s. 23
(6) While the Acting Deputy Electoral Commissioner is so
acting --
(a) he may perform the functions of the Deputy
Electoral Commissioner, and anything done by
5 him in so performing those functions has the
like effect as if it were done by the Deputy
Electoral Commissioner;
(b) any act or thing that is required under a written
law to be done to, by reference to or in relation
10 to the Deputy Electoral Commissioner shall be
regarded as effectually done if done to, by
reference to or in relation to the Acting Deputy
Electoral Commissioner.
".
15 23. Section 5F amended
Section 5F(1)(ea) is deleted and the following paragraph is
inserted instead --
"
(ea) may conduct other elections, referendums or
20 polls --
(i) if authorised to do so under another
written law; or
(ii) if they are provided for under another
written law and the regulations
25 authorise the Electoral Commissioner to
conduct them;
".
24. Section 18 amended
Section 18(c) is amended by deleting "one year" and inserting
30 instead --
" 5 years ".
page 18
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
General amendments Division 4
s. 25
25. Section 67 amended
Section 67(5) is amended by deleting "32(a)" and inserting
instead --
" 32(1)(a) ".
5 26. Section 77 amended
After section 77(5) the following subsection is inserted --
"
(6) If a person who is not an elector entitled to vote at an
election of a member of the Assembly nominates
10 himself for election to either House, the nomination is
invalid.
".
27. Section 84 amended
(1) Section 84(1)(a) is amended by deleting "one-twentieth" and
15 inserting instead --
" 4% ".
(2) Section 84(1)(b) and (c) are amended by deleting "one-tenth"
and inserting instead --
" 4% ".
20 28. Section 85 amended
Section 85(2) is amended by deleting "6 p.m." and inserting
instead --
" 12 noon ".
page 19
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 4 General amendments
s. 29
29. Section 90 amended
(1) Section 90(1) is repealed and the following subsection is
inserted instead --
"
5 (1) Any elector may make application for an early ballot
paper at any time after the polling day for an election
has been publicly announced by the Government.
".
(2) Section 90(1a) is amended by deleting "at any time during the
10 period referred to in subsection (1)".
(3) Section 90(3a)(a) is amended by deleting "who is entitled to
apply for an early ballot paper".
(4) Section 90(3e)(a)(i) is deleted.
(5) Section 90(7)(b) is amended by deleting "entitled to an early
15 ballot paper" and inserting instead --
" an elector ".
(6) Section 90(8)(a) is amended by deleting "is entitled to an early
ballot paper under subsection (1)(d)" and inserting instead --
"
20 will be unable to vote during the hours of
polling on polling day because the elector is, or
is caring for a person who is, seriously ill or
infirm, or approaching maternity
".
25 (7) Section 90(8)(b) is amended by deleting "if the elector is
entitled to an early ballot paper issue him with one" and
inserting instead --
" issue the elector with an early ballot paper ".
page 20
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
General amendments Division 4
s. 30
(8) Section 90(12) is amended by deleting "entitled to an early
ballot paper by virtue of subsection (1)(f)" and inserting
instead --
"
5 who is serving a sentence of imprisonment for an
offence or is otherwise in lawful custody or detention
".
30. Section 92 amended
Section 92(4c)(b) is amended by deleting "Tuesday" and
10 inserting instead --
" Thursday ".
31. Section 95 amended
Section 95(8) is amended as follows:
(a) by deleting "elector is an" and inserting instead --
15 " elector is a patient or ";
(b) by deleting "is an inmate in an institution or is a patient
in a hospital".
32. Section 100 amended
(1) Section 100(1)(c) is amended by deleting "institution or
20 hospital, or both" and inserting instead --
" hospital, prison or other institution ".
(2) Section 100(1)(d) is amended as follows:
(a) by deleting "any institution or hospital, or both," and
inserting instead --
25 " any hospital, prison or other institution ";
(b) by deleting "or hospital, or both, for" and inserting
instead --
" for ".
page 21
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 4 General amendments
s. 33
33. Section 100A amended
(1) Section 100A(1), (1)(a), (2)(a) and (b) and (5) are amended by
deleting "or hospital".
(2) Section 100A(1)(b) is amended by deleting "record his".
5 (3) Section 100A(2) is amended by deleting "or hospital,".
34. Section 100B amended
Section 100B(2a) is amended by inserting after "The" --
" Electoral Commissioner or the ".
35. Section 102 amended
10 Section 102(5) is amended by deleting "or hospital".
36. Section 132 amended
Section 132(2) is amended as follows:
(a) by deleting "a special institution or hospital" and
inserting instead --
15 " an institution ";
(b) by deleting "or (d)".
37. Section 192 amended
(1) Section 192(2) and (3) are amended by deleting "or hospital" in
each place in which it occurs.
20 (2) Section 192(4) is repealed.
(3) Section 192(5) is amended as follows:
(a) by deleting "Subsection (4)" and inserting instead --
" This section ";
(b) by deleting "a prison" and inserting instead --
25 " an institution ";
(c) by deleting "the prison" and inserting instead --
" the institution ".
page 22
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
General amendments Division 4
s. 38
38. Section 188 amended
(1) Section 188(1) and (2) are deleted and the following are inserted
instead --
"
5 (1) Penalty for bribery or undue influence --
(a) if the offence relates to an early ballot paper
or early vote: $24 000 or imprisonment for
2 years; or
(b) in any other case: $12 000 or imprisonment
10 for 12 months.
(2) Penalty for any other illegal practice --
(a) if the offence relates to an early ballot paper
or early vote: $12 000 or imprisonment for
12 months; or
15 (b) in any other case: $6 000.
".
39. Schedule 1 amended
(1) Schedule 1 clause 5 is repealed and the following clause is
inserted instead --
20 "
5. Unless all the vacancies have been filled, the surplus votes
(if any) of any candidate elected under clause 4, or elected
subsequently under this clause, shall be transferred to the
continuing candidates as follows --
25 (a) the number of surplus votes of the elected candidate
shall be divided by the number of votes received by
him and the resulting fraction shall be the surplus
fraction;
(b) in relation to any particular ballot papers for surplus
30 votes of the elected candidate, the surplus fraction
shall be multiplied by the transfer value at which
those ballot papers were transferred to the elected
candidate, or by one if they expressed first
page 23
Electoral Legislation Amendment Bill 2003
Part 2 Electoral Act 1907 amended
Division 4 General amendments
s. 40
preference votes for the elected candidate, and the
product shall be the continued transfer value of
those particular ballot papers;
(c) the total number of ballot papers for surplus votes
5 of the elected candidate that each --
(i) express the next available preference for a
particular continuing candidate; and
(ii) have a particular continued transfer value,
shall be multiplied by that transfer value, the
10 number so obtained (disregarding any fraction) shall
be added to the number of votes of the continuing
candidate and all those ballot papers shall be
transferred to the continuing candidate,
and if on the completion of the transfer of the surplus votes
15 of the elected candidate to a particular continuing candidate
that candidate has received a number of votes equal to or
greater than the quota, that candidate shall be elected.
".
(2) Schedule 1 clause 7 is repealed.
20 (3) Schedule 1 clause 9 is amended by deleting "4(a) and (b)" and
inserting instead --
" (5) ".
40. Minor amendments
The Act is amended as set out in the Table.
25 Table
Provision amended Amendment
section 60(1) deletion of "56(a)" and insertion instead of --
" 56 ".
section 61 repeal of the section
section 62I(2) insertion after "one member of " of --
" the ".
page 24
Electoral Legislation Amendment Bill 2003
Electoral Act 1907 amended Part 2
General amendments Division 4
s. 40
Provision amended Amendment
section 62N(1)(c) insertion before "decision" of --
" a ".
section 75(1)(b) deletion of "nomination" and insertion instead
of --
" declaration of nominations ".
section 77(1)(b) insertion after "as" of --
" , or from being, ".
section 87(7) deletion of "113A" and insertion instead of --
" 113B ".
section 141(1) deletion of ", (b)".
section 156A deletion of "(1)".
section 186 deletion of "incapable of being chosen or of
sitting as" and insertion instead of --
"
disqualified from being elected as, or
from being,
".
page 25
Electoral Legislation Amendment Bill 2003
Part 3 Constitution Acts Amendment Act 1899 amended
Division 1 Preliminary
s. 41
Part 3 -- Constitution Acts Amendment
Act 1899 amended
Division 1 -- Preliminary
41. The Act amended
5 The amendments in this Part are to the Constitution Acts
Amendment Act 1899*.
[* Reprint 12 as at 3 Oct 2003.]
Division 2 -- Amendments about fixed election dates
42. Section 8 amended and transitional provisions
10 (1) Section 8(2) and (3) are each amended by deleting "May" and
inserting instead --
" March ".
(2) Section 8(4) is repealed and the following subsection is inserted
instead --
15 "
(4) Where an election held as part of a general election
fails wholly or partially or is declared to be absolutely
void, the seat of a member elected at an election held
by reason of that failure or declaration shall become
20 vacant at the expiration of the period of 4 years
beginning on 22 March next following that general
election.
".
(3) Section 8(5) is amended by deleting "(4)(a)" and inserting
25 instead --
" (4) ".
(4) Section 8(6) is repealed.
page 26
Electoral Legislation Amendment Bill 2003
Constitution Acts Amendment Act 1899 amended Part 3
Amendments about fixed election dates Division 2
s. 42
(5) If a person who is a member of the Legislative Council on
21 March 2005 is no longer a member on 22 March 2005, the
Salaries and Allowances Act 1975 and parliamentary
superannuation arrangements continue to apply in relation to
5 that person in the same way as they would have if --
(a) 21 May 2005 had continued to be the day at the end of
which the person's seat became vacant by effluxion of
time; and
(b) the person had continued during the subtracted period to
10 hold any higher office that the person held on
21 March 2005.
(6) In subsection (5) --
"higher office" means the office of --
(a) President of the Legislative Council; or
15 (b) Chairman or Deputy Chairman of Committees in the
Legislative Council;
"parliamentary superannuation arrangements" means
contribution, entitlement and other superannuation
arrangements in respect of --
20 (a) a person by or for whom contributions are being
made as at 21 March 2005 to the scheme as defined
in section 5 of the Parliamentary Superannuation
Act 1970; or
(b) a person for whom contributions are being made as at
25 21 March 2005 under section 29 of the Parliamentary
Superannuation Act 1970;
"subtracted period" means the period --
(a) beginning on 22 March 2005; and
(b) ending on 21 May 2005 or, if the person dies before
30 then, on death.
page 27
Electoral Legislation Amendment Bill 2003
Part 3 Constitution Acts Amendment Act 1899 amended
Division 2 Amendments about fixed election dates
s. 43
43. Section 10 amended
Section 10(3)(b) is amended by deleting "May" and inserting
instead --
" March ".
5 44. Section 21 amended
(1) Section 21(1) is amended as follows:
(a) by inserting before "Provided" the subsection
designation "(2)";
(b) by deleting paragraphs (a) and (b) and "and" after
10 paragraph (a) and inserting instead --
"
(a) whenever any Legislative Assembly would
expire by effluxion of time on or after
1 September of any year but before the third
15 Wednesday of January next following, that
Legislative Assembly shall continue up to and
including the day next preceding that third
Wednesday of January and no longer; and
(b) whenever any Legislative Assembly would
20 expire by effluxion of time on or after the third
Wednesday of January of any year but before
1 September of that year, that Legislative
Assembly shall cease and determine on the day
next preceding that third Wednesday of
25 January.
".
(2) Section 21(2) is repealed.
45. Section 36 amended
Section 36(9) is amended by deleting "May" and inserting
30 instead --
" March ".
page 28
Electoral Legislation Amendment Bill 2003
Constitution Acts Amendment Act 1899 amended Part 3
General amendments Division 3
s. 46
Division 3 -- General amendments
46. Sections 7 and 20 amended and saving provision
(1) Sections 7 and 20 are each amended by inserting after "person
who" --
5 "
is an Australian citizen as defined in section 4(1) of the
Electoral Act 1907 and
".
(2) A person who is a member of the Legislative Assembly or the
10 Legislative Council immediately before the commencement --
(a) does not become disqualified, on the commencement,
for membership of the Legislative Assembly or the
Legislative Council for the purposes of section 38(a) or
40(a) of the Constitution Acts Amendment Act 1899; and
15 (b) is not prevented from completing his or her current term
as a member,
by reason only of not being an Australian citizen as defined in
section 4(1) of the Electoral Act 1907.
(3) In subsection (2) --
20 "commencement" means the commencement of this section.
47. Section 32 amended and saving provision
(1) Section 32 is amended by inserting before "A person" the
subsection designation "(1)".
(2) Section 32(b) is deleted and the following paragraph is inserted
25 instead --
"
(b) has been convicted of an offence for which the
penalty specified by a law is or includes --
(i) imprisonment for life; or
page 29
Electoral Legislation Amendment Bill 2003
Part 3 Constitution Acts Amendment Act 1899 amended
Division 3 General amendments
s. 47
(ii) imprisonment for a period that may
exceed 5 years.
".
(3) At the end of section 32 the following subsection is inserted --
5 "
(2) In subsection (1)(b) --
"offence" means an offence against a law of this State,
the Commonwealth, another State or a Territory.
".
10 (4) A person who is a member of the Legislative Assembly or the
Legislative Council immediately before the commencement --
(a) does not become disqualified, on the commencement,
for membership of the Legislative Assembly or the
Legislative Council for the purposes of section 38(b) or
15 40(b) of the Constitution Acts Amendment Act 1899; and
(b) is not prevented from completing his or her current term
as a member,
by reason only of a conviction that occurred before the
commencement.
20 (5) In subsection (4) --
"commencement" means the commencement of this section.
page 30
Electoral Legislation Amendment Bill 2003
Salaries and Allowances Act 1975 amended Part 4
s. 48
Part 4 -- Salaries and Allowances Act 1975 amended
48. The Act amended
The amendments in this Part are to the Salaries and Allowances
Act 1975*.
5 [* Reprinted as at 8 September 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 348 and
Gazette 15 Aug 2003 p. 3685-92.]
49. Section 6 amended
10 Section 6(5b) is repealed and the following subsection is
inserted instead --
"
(5b) Notwithstanding any other provision of this Act or any
determination, a person elected as a member of the
15 Legislative Council at a general election shall not be
entitled to any remuneration as such a member in
respect of any period before 22 March next following
the general election unless that person --
(a) was a member of the Legislative Council
20 immediately before the general election; or
(b) is declared elected under section 156D of the
Electoral Act 1907 to complete the unexpired
portion of a term of office ending immediately
before that 22 March.
25 ".
page 31
Electoral Legislation Amendment Bill 2003
Part 5 Electoral Amendment (Political Finance) Act 1992 amended
s. 50
Part 5 -- Electoral Amendment (Political Finance)
Act 1992 amended
50. The Act amended
The amendments in this Part are to the Electoral Amendment
5 (Political Finance) Act 1992*.
[* Act No. 75 of 1992.]
51. Sections 5 and 6 repealed
Sections 5 and 6 are repealed.
page 32
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