Electoral (Legislative Council Voting) (Voter Choice) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 1, page 2, line 4—Delete ')(Voter Choice' and substitute 'and Other Measures'

No. 2. New clause, page 3, after line 19—Insert:

5A—Amendment of section 57—Deposit to be forfeited in certain cases

Section 57(1)(c)—delete '4 per cent' and substitute '2 per cent'

No. 3. Clause 10, page 4, line 35 [clause 10(6)]—Delete subclause (6) and substitute:

(6) Section 66(4)—delete 'the electoral material referred to in subsection (1) is arranged' and substitute 'material is displayed in a poster or posters prepared under this section'

No. 4. Clause 11, page 5, line 9—Delete '76(1)(b)—delete paragraph (b)' and substitute:

76(1)(a) and (b)—delete paragraphs (a) and (b)

No. 5. Clause 11, page 5, after line 9—Insert:

(a) by placing the number 1 in the square printed opposite the name of the candidate for whom he or she votes as his or her first preference and consecutive numbers in the squares printed opposite the names of other candidates so as to indicate the order of preference for not less than 12 candidates in total (or, if there are 12 or fewer candidates in the election, so as to indicate the order of preference for all remaining candidates); or

No. 6. Clause 11, page 5, line 12 [clause 11, inserted paragraph (b)]—After 'preference' insert:

and consecutive numbers in other group voting squares so as to indicate the order of preference for not less than 6 groups of candidates in total (or, if there are 6 or fewer group voting squares on the ballot paper, so as to indicate the order of preference for all remaining groups of candidates)

No. 7. New clause, page 5, after line 12—Insert:

11A—Amendment of section 84B—Applying provisions of Act to elector using electronic assisted voting

Section 84B(1)(b)—delete 'satisfy the requirements of section 76' and substitute:

not be an informal ballot paper

No. 8. Clause 12, page 5, lines 16 to 28 [clause 12, inserted subsections (2) and (3)]—Delete inserted subsections (2) and (3) and substitute:

(2) If 1 or more numbers, that are not disregarded under section 94(4d), are placed in group voting squares on a ballot paper in relation to groups of candidates (each group being a preferenced group), the ballot paper is taken to have been marked as if—

(a) each candidate in a preferenced group was given a different number starting from 1; and

(b) candidates in a preferenced group were numbered consecutively starting with the candidate whose name on the ballot paper is at the top of the group to the candidate whose name is at the bottom; and

(c) the order in which candidates in different preferenced groups are numbered is worked out by reference to the order in which the groups were numbered on the ballot paper, starting with the group marked 1; and

(d) when all the candidates in a preferenced group have been numbered, the candidate whose name is at the top of the next preferenced group is given the next consecutive number.

No. 9. Clause 12, page 5, lines 29 to 31 [clause 12, inserted subsection (4)]—

Delete 'a ballot paper in accordance with subsection (2) and also indicates preferences for individual candidates (whether or not the voter also places other numbers in other group voting squares)' and substitute:

1 or more group voting squares in accordance with subsection (2) but also indicates preferences for individual candidates

No. 10. Clause 12, page 5, line 34 [clause 12, inserted subsection (4)(a)]—Delete ', if it stood alone, constitute a valid' and substitute 'not, if it stood alone, constitute an informal'

No. 11. Clause 12, page 5, line 39 [clause 12, inserted subsection (4)(b)]—Delete 'not, if it stood alone, constitute a valid' and substitute ', if it stood alone, constitute an informal'

No. 12. Clause 12, page 5, line 40 [clause 12, inserted subsection (4)(b)]—After 'recorded their vote' insert:

by the marking of the group voting square or squares

No. 13. Clause 12, page 6, lines 1 to 15 [clause 12, inserted subsections (5) and (6)]—Delete inserted subsections (5) and (6)

No. 14. Clause 13, page 6, lines 28 and 29 [clause 13(1), inserted paragraph (b)(ii)(B)]—Delete subsubparagraph (B) and substitute:

(B) the order of the voter's preference for groups of candidates in accordance with section 76(1)(b); or

No. 15. Clause 13, page 6, after line 29—After subclause (1) insert:

(1a) Section 94(3)—after 'ballot paper' (first occurring) insert:

for a House of Assembly election

No. 16. After 'delete subsection (4a)' insert:

and substitute:

(4a) A ballot paper for a Legislative Council election where there are more than 6 candidates is not informal under subsection (1)(b)(ii)(A) if the voter has placed consecutive numbers (starting from the number '1') in the squares printed opposite the names of at least 6 candidates in total.

(4b) For the purposes of this Act, the following numbers placed in a square printed opposite the name of a candidate on a ballot paper for a Legislative Council election are to be disregarded:

(a) numbers that are repeated and any higher numbers;

(b) if a number is missed—any numbers that are higher than the missing number.

No. 17. Clause 13, page 6, after line 34—Insert:

(5) Section 94—before subsection (5) insert:

(4c) A ballot paper for a Legislative Council election is not informal under subsection (1)(b)(ii)(B) if the voter has placed the number '1' in a group voting square, or has placed the number '1' and one or more higher numbers in group voting squares, on the ballot paper.

(4d) For the purposes of this Act, the following numbers placed in a group voting square on a ballot paper for a Legislative Council election are to be disregarded:

(a) numbers that are repeated and any higher numbers;

(b) if a number is missed—any numbers that are higher than the missing number.

No. 18. Clause 14, page 7, lines 1 and 2 [clause 14(3)]—Delete subclause (3)

No. 19. Clause 14, page 7, lines 10 and 11 [clause 14(6)]—Delete subclause (6)

No. 20. Clause 14, page 7, lines 23 to 39 [clause 14(11)]—Delete subclause (11) and substitute:

(11) Section 95(15)—after 'last vacancy' insert:

for which 2 continuing candidates remain

(11a) Section 95(16)—delete 'the last vacancy' and substitute:

a vacancy referred to in subsection (15)

(11b) Section 95(17)—after 'are elected' insert:

(regardless of whether those candidates have received a number of votes equal to or greater than the quota)

No. 21. New clause, page 8, after line 4—Insert:

16—Amendment of section 130Q—Payment not to be made or to be reduced in certain circumstances

(1) Section 130Q(1)(a)—delete 'at least 4% of the total primary vote; or' and substitute:

—

(i) in the case of a candidate in a Legislative Council election—at least 2% of the total primary vote; or

(ii) in the case of a candidate in a House of Assembly election—at least 4% of the total primary vote; or

(2) Section 130Q(2)(a)—delete '4%' and substitute '2%'

No. 22. New clauses, page 8, after line 4—After clause 15 insert:

17—Repeal of section 130ZU

Section 130ZU—delete the section

18—Insertion of section 130ZZH

After section 130ZZG insert:

130ZZH—Regulations

(1) The regulations may require greater detail to be provided in returns than is otherwise required by this Part.

(2) Without limiting subsection (1), the regulations may—

(a) require that a return under Division 7 include additional information relating to persons making gifts, loans or bequests; or

(b) require that the total amounts referred to in section 130ZN be broken down in the way specified in the regulations.

(3) The regulations may reduce the amount of information to be provided in returns under section 130ZO.

At 17:59 the house adjourned until Thursday 3 August 2017 at 10:30.