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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Funding, Expenditure and Disclosure) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Electoral
Act 1985
.
Contents
Part 2—Amendment of Electoral
Act 1985
4Amendment of section 107—Orders that the
Court is empowered to make
5Amendment of section
130A—Interpretation
7Amendment of section 130E—Appointment of
agents by parties, candidates and groups
8Amendment of section 130Q—Payment not to
be made or to be reduced in certain circumstances
130UAEntitlement to
and claim for one-off payment of special assistance funding
11Amendment of section 130V—Making of
payments
12Amendment of section 130Z—Expenditure
caps
13Amendment of section 130ZF—Returns by
candidates and groups
14Amendment of section 130ZN—Returns by
registered political parties
15Amendment of section 130ZO—Returns by
associated entities
16Amendment of section 130ZP—Returns by
third parties
17Amendment of section 130ZV—Audit
certificates
18Amendment of section
130ZZE—Offences
19Amendment of section
130ZZF—Non-compliance with Part does not affect election
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Funding, Expenditure and
Disclosure) Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
4—Amendment
of section 107—Orders that the Court is empowered to
make
Section 107—after subsection (6) insert:
(7) An election may be declared void on the ground of a breach of section
130ZA if the Court of Disputed Returns finds, on the balance of probabilities,
that the result of the election was affected by the breach.
5—Amendment
of section 130A—Interpretation
Section 130A(8)—delete "(with the amount so adjusted being rounded up
to the nearest whole number)" and substitute:
with the amount so adjusted being rounded up to—
(a) in the case of an amount referred to in section 130P—the nearest
whole cent; or
(b) in any other case—the nearest whole number.
Section 130C—delete the section
7—Amendment
of section 130E—Appointment of agents by parties, candidates and
groups
(1) Section 130E(2)—delete "A" and substitute:
Subject to subsection (4), a
(2) Section 130E(4)—delete subsection (4) and substitute:
(4) However, if a registered political party has endorsed—
(a) a candidate; or
(b) all the members of a group of candidates,
the agent of the party is the agent of the candidate or group (as the case
requires), for the purposes of this Part, in relation to the election.
(3) Section 130E(5)—delete "During" and substitute:
Subject to subsection (4), during
8—Amendment
of section 130Q—Payment not to be made or to be reduced in certain
circumstances
Section 130Q(5)(a)—before "political expenditure" insert:
combined
9—Amendment
of section 130U—Entitlement to and claims for half yearly entitlement to
special assistance funding
(1) Section 130U(2)(a)—after "(indexed)" insert:
or a greater amount prescribed by regulation
(2) Section 130U(2)(b)—after "(indexed)" insert:
or a greater amount prescribed by regulation
(3) Section 130U(3)(a)—delete "7 days" and substitute:
30 days
After section 130U insert:
130UA—Entitlement to and claim for one-off payment
of special assistance funding
(1) Subject to this
Division, a registered political party is entitled to a one-off payment of
special assistance funding if—
(a) the party is entitled to special assistance funding under section 130U
and has received a half yearly entitlement payment; and
(b) the agent of
the party submits a claim to the Electoral Commissioner, in accordance with
subsection (3)
, setting out the amount of prescribed administrative expenditure incurred
by the party.
(2) The amount to
be paid to a registered political party under
subsection (1)
is the amount of prescribed administrative expenditure up to a maximum
of—
(a) in the case of a party which has 5 or fewer members of Parliament (as
at the date of the claim)—$56 000; or
(b) in the case of a party which has 6 or more members of Parliament (as
at the date of the claim)—$96 000.
(3) A claim under
subsection (1)(b)
must—
(a) be submitted by 31 July 2017; and
(b) be in a form determined by the Electoral Commissioner; and
(c) be in writing and signed by the agent.
(4) To avoid doubt,
a registered political party that has received a one-off payment of special
assistance funding under this Division is not entitled to any further such
payment.
(5) This section expires on 31 August 2017.
(6) In this section—
prescribed administrative expenditure means administrative
expenditure incurred by a registered political party for the purpose of
complying with this Part that is in excess of the administrative expenditure
incurred by the party in relation to which a payment of a half yearly
entitlement to special assistance funding has been paid.
11—Amendment
of section 130V—Making of payments
(1) Section 130V(1)—delete "section 130U" and substitute:
this Division
(2) Section 130V(1)—delete "half yearly"
12—Amendment
of section 130Z—Expenditure caps
Section 130Z(1)(b)(i)—delete "as at the start of the capped
expenditure period in relation to the party for the election" and
substitute:
as at the hour of nomination
13—Amendment
of section 130ZF—Returns by candidates and groups
Section 130ZF(5)(c)(i) and (ii)—delete subparagraphs (i) and (ii) and
substitute:
(i) within 30 days of the end of the period commencing from the start of
the disclosure period for the election until the start of the designated period
for the election;
(ii) within 5 days of the end of the period commencing from the start of
the designated period for the election until 30 days after the start of
that designated period;
(iii) within 5 days of the end of each period of 7 days from the end of
the period referred to in subparagraph (ii) until 30 days after
polling day for the election;
(iv) if the number of days from the end of the last 7 day period referred
to in subparagraph (iii) until the day falling 30 days after polling day for the
election is less than 7 days—within 5 days of the end of the designated
period for the election;
14—Amendment
of section 130ZN—Returns by registered political
parties
(1) Section 130ZN(1)—after "political party return"
insert:
, in respect of each prescribed period
(2) Section 130ZN(2)(a)—delete "since the last political party
return was furnished or, if no previous political party return has been
furnished, since this Part first applied to the party" and substitute:
during each prescribed period
(3) Section 130ZN(2)(b)—delete "since the last political party
return was furnished or, if no previous political party return has been
furnished, since this Part first applied to the party" and substitute:
during each prescribed period
(4) Section 130ZN(2)(c)—delete "the period to which the political
party return relates" and substitute:
each prescribed period
(5) Section 130ZN(2)(d)—delete "period in relation to which a
political party return is required to be furnished" and substitute:
prescribed period
(6) Section 130ZN(3)—delete subsection (3) and substitute:
(3) For the
purposes of this section—
(a) each of the
following periods is a prescribed period in respect of a political
party return:
(i) if no previous
political party return has been furnished to the Electoral Commissioner under
this Part—the period commencing on the day on which this Part first
applied to the registered political party until 30 June or 31 December
(whichever is the earlier);
(ii) from 30 days
after polling day in a general election until the start of the designated period
for the next general election—
(A) each period from 1 January to 30 June; and
(B) each period from 1 July to 31 December;
(iii) from the
start of the designated period for the relevant general election until the
expiration of 30 days after the relevant polling day—
(A) the period
commencing from the start of the designated period until 30 days after the
start of the designated period; and
(B) each period of
7 days from the end of the period referred to in
subsubparagraph (A)
; and
(C) if the number of days from the end of the last period referred to in
subsubparagraph (B)
until the expiration of 30 days after the relevant polling day is less
than 7 days—the period commencing from the end of the last prescribed
period referred to in
subsubparagraph (B)
until the day falling 30 days after the relevant polling day;
(b) the prescribed times for furnishing a political party
return in respect of a prescribed period are as follows:
(i) for the prescribed periods referred to in
subsection (3)(a)(i)
and
(ii)
—within 30 days of the end of each prescribed period;
(ii) for the prescribed periods referred to in
subsection (3)(a)(iii)
—within 5 days of the end of each prescribed period.
15—Amendment
of section 130ZO—Returns by associated entities
(1) Section 130ZO(1)—after "associated entity return"
insert:
, in respect of each prescribed period
(2) Section 130ZO(1)(a)—delete "since the last associated entity
return was furnished or, if no previous associated entity return has been
furnished, since this Part first applied to the entity" and
substitute:
during each prescribed period
(3) Section 130ZO(1)(b)—delete "since the last associated entity
return was furnished or, if no previous associated entity return has been
furnished, since this Part first applied to the entity" and
substitute:
during each prescribed period
(4) Section 130ZO(1)(c)—delete "the period to which the associated
entity return relates" and substitute:
each prescribed period
(5) Section 130ZO(1)(d)—delete "period in relation to which an
associated entity return is required to be furnished" and substitute:
prescribed period
(6) Section 130ZO(3)—delete "To avoid doubt, if" and
substitute:
If
(7) Section 130ZO(6)—delete subsection (6) and substitute:
(6) For the
purposes of this section—
(a) each of the
following periods is a prescribed period in respect of an
associated entity return:
(i) from 30 days
after polling day in a general election until the start of the designated period
for the next general election—
(A) each period from 1 January to 30 June; and
(B) each period from 1 July to 31 December;
(ii) from the start
of the designated period for the relevant general election until the expiration
of 30 days after the relevant polling day—
(A) the period
commencing at the start of the designated period until 30 days after the
start of the designated period; and
(B) each period of
7 days from the end of the period referred to in
subsubparagraph (A)
; and
(C) if the number of days from the end of the last period referred to in
subsubparagraph (B)
until the expiration of 30 days after the relevant polling day is less
than 7 days—the period commencing from the end of the last prescribed
period referred to in
subsubparagraph (B)
until the day falling 30 days after the relevant polling day;
(b) the prescribed times for furnishing an associated entity
return in respect of a prescribed period are as follows:
(i) for the prescribed periods referred to in
subsection (6)(a)(i)
—within 30 days of the end of each prescribed period;
(ii) for the prescribed periods referred to in
subsection (6)(a)(ii)
—within 5 days of the end of each prescribed period.
16—Amendment
of section 130ZP—Returns by third parties
(1) Section 130ZP(1)—after "third party return"
insert:
, in respect of each prescribed period
(2) Section 130ZP(1)(a)—delete "since the last third party return
was furnished or, if no previous third party return has been furnished, since
this Part first applied to the third party" and substitute:
during each prescribed period
(3) Section 130ZP(1)(b)—delete "since the last third party return
was furnished or, if no previous third party return has been furnished, since
this Part first applied to the third party" and substitute:
during each prescribed period
(4) Section 130ZP(1)(c)—delete "the period to which the third party
return relates" and substitute:
each prescribed period
(5) Section 130ZP(1)(d)—delete "period in relation to which a third
party return is required to be furnished" and substitute:
prescribed period
(6) Section 130ZP(2)—delete subsection (2) and substitute:
(2) For the
purposes of this section—
(a) each of the
following periods is a prescribed period in respect of a third
party return:
(i) if no previous
third party return has been furnished to the Electoral Commissioner under this
Part—the period commencing on the day on which this Part first applied to
the third party until 30 June or 31 December (whichever is the
earlier);
(ii) from 30 days
after polling day in a general election until the start of the designated period
for the next general election—
(A) each period from 1 January to 30 June; and
(B) each period from 1 July to 31 December;
(iii) from the
start of the designated period for the relevant general election until the
expiration of 30 days after the relevant polling day—
(A) the period
commencing at the start of the designated period until 30 days after the
start of the designated period; and
(B) each period of
7 days from the end of the period referred to in
subsubparagraph (A)
; and
(C) if the number of days from the end of the last period referred to in
subsubparagraph (B)
until the expiration of 30 days after the relevant polling day is less
than 7 days—the period commencing from the end of the last prescribed
period referred to in
subsubparagraph (B)
until the day falling 30 days after the relevant polling day;
(b) the prescribed times for furnishing a third party return
in respect of a prescribed period are as follows:
(i) for the prescribed periods referred to in
subsection (2)(a)(i)
and
(ii)
—within 30 days of the end of each prescribed period; and
(ii) for the prescribed periods referred to in
subsection (2)(a)(iii)
—within 5 days of the end of each prescribed period.
(7) Section 130ZP(4)—before "period" wherever occurring insert in
each case:
prescribed
17—Amendment
of section 130ZV—Audit certificates
(1) Section 130ZV(1)(a)—after "Part" insert:
other than a return to which subsection (2a) applies
(2) Section 130ZV(1)(b)—after "section 130U" insert:
or 130UA
(3) Section 130ZV(2)—delete "that relates to—"
(4) Section 130ZV(2)(a) and (b)—delete paragraphs (a) and
(b)
(5) Section 130ZV—after subsection (2) insert:
(2a) If a return
furnished to the Electoral Commissioner by or on behalf of a relevant entity,
candidate or group under this Part relates to a designated period, an audit
certificate in accordance with subsection (3) must, at the prescribed
times, be furnished to the Electoral Commissioner by or on behalf of the
relevant entity, candidate or group (as the case may be) in relation to all such
returns furnished during each of the following periods:
(a) the period
commencing at the start of the designated period for the relevant election until
7 days before the relevant polling day;
(b) the period
commencing at the end of the period referred to in
paragraph (a)
until the expiration of 30 days after the relevant polling day.
(2b) For the purposes of
subsection (2a)
, the prescribed times for furnishing an audit certificate
are as follows:
(a) for the period referred to in
subsection (2a)(a)
—7 days before the relevant polling day;
(b) for the period referred to in
subsection (2a)(b)
—the day on which the last return is required to be furnished in that
relevant period.
18—Amendment
of section 130ZZE—Offences
Section 130ZZE—after subsection (8) insert:
(9) In proceedings against a person for an offence under this Part, it is
a defence for the person to prove that the person exercised all reasonable
diligence to prevent the commission of the offence.
19—Amendment
of section 130ZZF—Non-compliance with Part does not affect
election
Section 130ZZF—delete "A" and substitute:
Subject to section 107(7), a