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Commonwealth Electoral Amendment Bill (No. 1) 2002
Schedule 1 Amendment of the Commonwealth Electoral Act 1918

   

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 .

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;

                            pay the applicable federal percentage of the amount to the agent of the Liberal Party and the applicable State percentage of the amount to the agent of the State branch of the Liberal Party mentioned in subparagraph (ii); or

                     (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

                     (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;

                            pay the applicable federal percentage of the amount to the agent of the Liberal Party and the applicable State percentage of the amount to the agent of the State branch of the Liberal Party mentioned in subparagraph (ii); or

                    (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;

                            pay the amount to the agent of the Liberal Party; or

                    (ab)  if paragraphs (a) and (aa) 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

4  Paragraph 299(4)(b)

Omit “where”, substitute “if paragraphs (ac) and (ad) do not apply and”.

5  Subsection 299(5)

Omit “subparagraph (4)(b)(i)”, substitute “subparagraph (4)(ac)(i), (ad)(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)  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.