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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-11-26 Daily Xml
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Electoral (Accountability and Integrity) Amendment Bill

Final Stages

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

No. 1—Page 20, after line 21, insert:

19—Amendment of section 130P—General entitlement to funds

Section 130P(1) and (2)—delete subsections (1) and (2) and substitute:

(1) Subject to this Division, the amount of election funding payable in respect of a general election (including a simultaneous Legislative Council election) for—

(a) each candidate in the general election or candidate or group in the Legislative Council election endorsed by a registered political party at least 1 member of which was a member of Parliament at the time of the dissolution of the Parliament in relation to the election is for each eligible vote given to the candidate or group $5.50 (2026 indexed); and

(b) each candidate in the general election or candidate or group in the Legislative Council election endorsed by any other registered political party is—

(i) for each eligible vote given to the candidate or group that falls within the range of 0% to 10% of the total primary vote—$6.00 (2026 indexed); and

(ii) for each eligible vote given to the candidate or group that exceeds 10% of the total primary vote—$5.50 (2026 indexed); and

(c) for each candidate in the general election or Legislative Council election (other than a candidate of a kind referred to in paragraph (a) or (b)) who was a member of Parliament at the time of the dissolution of the Parliament in relation to the election is for each eligible vote given to the candidate $8.50 (2026 indexed); and

(d) for any other candidate or group in the general election or Legislative Council election is—

(i) for each eligible vote given to the candidate or group that falls within the range of 0% to 10% of the total primary vote—$9.00 (2026 indexed); and

(ii) for each eligible vote given to the candidate or group that exceeds 10% of the total primary vote—$8.50 (2026 indexed).

(2) Subject to this Division, the amount of election funding payable in respect of an election for a House of Assembly district (other than an election held as part of a general election) for—

(a) each candidate in the election endorsed by a registered political party at least 1 member of which was a member of Parliament at the time of the event that resulted in the vacancy that gave rise to the election is for each eligible vote given to the candidate $8.50 (2026 indexed); and

(b) for any other candidate in the election is—

(i) for each eligible vote given to the candidate that falls within the range of 0% to 10% of the total primary vote—$9.00 (2026 indexed); and

(ii) for each eligible vote given to the candidate or group that exceeds 10% of the total primary vote—$8.50 (2026 indexed).

No. 2—Page 21, after line 29, insert:

20—Insertion of sections 130PA to 130PG

After section 130P insert:

130PA—Advance payments relating to House of Assembly districts at general elections

(1) Subject to this Division, in relation to a general election, the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading 'Recipient') the payments referred to in the third and fourth columns of the table (under the headings 'Payment A' and 'Payment B') in accordance with the provisions of the table:

Advance payments relating to House of Assembly districts at general elections
Item Recipient Payment A Payment B
1 entitled registered political party that endorses 1 or more candidates in the election if—(a) the party elects to be treated as a recontesting party—60% of the notional amount for the party; or(b) the party does not so elect—$2,500 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number) at the general election,to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party if—(a) the party elects to be treated as a recontesting party—20% of the notional amount for the party; or(b) the party does not so elect—$2,500 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number) at the general election,to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party or the issue of the writs for the general election (whichever occurs later)
2 registered political party (other than an entitled registered political party) that endorses 1 or more candidates in the election 60% of the notional amount for the party, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party 20% of the notional amount for the party, to be paid as soon as reasonably practicable after the issue of the writs for the general election
3 candidate in a House of Assembly district who is not endorsed by a registered political party and is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the general election) 60% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate 20% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the issue of the writs for the general election
4 entitled candidate in a House of Assembly district if—(a) the candidate elects to be treated as a recontesting candidate—60% of the notional amount for the candidate; or(b) the candidate does not so elect—$2,500 (2026 indexed),to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate if—(a) the candidate elects to be treated as a recontesting candidate—20% of the notional amount for the candidate; or(b) the candidate does not so elect—$2,500 (2026 indexed),to be paid as soon as reasonably practicable after the day on which the person is nominated as a candidate

(2) The following provisions apply for the purposes of the table:

(a) the agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;

(b) for the purposes of the payments referred to in item 1, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the previous general election for each candidate endorsed by the party in a House of Assembly district; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;

(c) for the purposes of the payments referred to in item 2, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the previous general election for each candidate endorsed by the party in a House of Assembly district; by

(ii) the amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the previous general election from that amount) for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;

Example—

Party A has at least 1 member of Parliament (or had at least 1 member at the time of the dissolution of the Parliament for the 2026 general election). The number of eligible votes given at the 2022 general election for candidates endorsed by Party A in House of Assembly districts is 100,000. The amount of election funding payable under section 130P for each eligible vote as if those votes were given at the general election to which the payments referred to in item 2 relate (that is, the 2026 general election) is $5.50 (2026 indexed). The notional amount is $550,000.

(d) for the purposes of the payments referred to in item 3, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the previous general election for the member at the previous election at which the member was elected; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;

(e) for the purposes of the payments referred to in item 4, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the previous general election for the candidate at the previous election at which the candidate was elected; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;

(f) the prescribed maximum number is the number equal to the number of House of Assembly districts in the State.

130PB—Advance payments—other House of Assembly elections

(1) Subject to this Division, in relation to an election for a House of Assembly district (other than an election held as part of a general election), the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading 'Recipient') the payment referred to in the third column of the table (under the heading 'Payment') in accordance with the provisions of the table:

Advance payments—other House of Assembly elections
Item Recipient Payment
1 entitled registered political party that endorses a candidate in the election if—(a) the party elects to be treated as a recontesting party—80% of the notional amount for the party; or(b) the party does not so elect—the designated amount,to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party
2 entitled candidate in the election if—(a) the candidate elects to be treated as a recontesting candidate—80% of the notional amount for the candidate; or(b) the candidate does not so elect—the designated amount,to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate

(2) The following provisions apply for the purposes of the table:

(a) the agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;

(b) for the purposes of the payment referred to in item 1, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the previous election for the district (whether held as part of a general election or otherwise) for the candidate endorsed by the party; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the election to which the payments referred to in the item relate;

(c) for the purposes of the payment referred to in item 2, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the previous election for the district (whether held as part of a general election or otherwise) for the candidate; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the election to which the payments referred to in the item relate;

(d) designated amount, in relation to an election for a district, means the lesser of the following amounts:

(i) the amount determined by dividing $50,000 (2026 indexed) by the number of candidates endorsed by entitled registered political parties and entitled candidates at the election;

(ii) $5,000 (2026 indexed).

130PC—Advance payments—Legislative Council election

(1) Subject to this Division, in relation to an election for the Legislative Council district (held simultaneously with a general election), the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading 'Recipient') the payments referred to in the third and fourth columns of the table (under the headings 'Payment A' and 'Payment B') in accordance with the provisions of the table:

Advance payments relating to Legislative Council election
Item Recipient Payment A Payment B
1 entitled registered political party that endorses 1 or more candidates in the Legislative Council district (whether or not the party also endorses candidates in 1 or more House of Assembly districts at the general election) if—(a) the party elects to be treated as a recontesting party—60% of the notional amount for the party; or(b) the party does not so elect—$2,500 (2026 indexed) for each candidate endorsed by the party in the Legislative Council district (up to a maximum of 6 candidates),to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party if—(a) the party elects to be treated as a recontesting party—20% of the notional amount for the party; or(b) the party does not so elect—$2,500 (2026 indexed) for each candidate endorsed by the party in the Legislative Council district (up to a maximum of 6 candidates),to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party or the issue of the writs for the general election (whichever occurs later)
2 any other registered political party that endorses 1 or more candidates in the Legislative Council district (whether or not the party also endorses candidates in 1 or more House of Assembly districts at the general election) 60% of the notional amount for the party, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party 20% of the notional amount for the party, to be paid as soon as reasonably practicable after the issue of the writs for the general election
3 candidate in the Legislative Council district who is not endorsed by a registered political party and is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the general election) 60% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate 20% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the issue of the writs for the general election
4 group of candidates in the Legislative Council district not endorsed by a registered political party and a member of which is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the general election) 60% of the notional amount for the group, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the group 20% of the notional amount for the group, to be paid as soon as reasonably practicable after the issue of the writs for the general election
5 entitled group in the Legislative Council district if—(a) the group elects to be treated as a recontesting group—60% of the notional amount for the group; or(b) the group does not so elect—$2,500 (2026 indexed),to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the group if—(a) the group elects to be treated as a recontesting group—20% of the notional amount for the group; or(b) the group does not so elect—$2,500 (2026 indexed),to be paid as soon as reasonably practicable after the day on which the members of the group apply under section 58 to have their names grouped together on the ballot papers for the election
6 entitled candidate in the Legislative Council district if—(a) the candidate elects to be treated as a recontesting candidate—60% of the notional amount for the candidate; or(b) the candidate does not so elect—$2,500 (2026 indexed),to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate if—(a) the candidate elects to be treated as a recontesting candidate—20% of the notional amount for the candidate; or(b) the candidate does not so elect—$2,500 (2026 indexed),to be paid as soon as reasonably practicable after the day on which the person is nominated as a candidate

(2) The following provisions apply for the purposes of the table:

(a) the agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;

(b) for the purposes of the payments referred to in item 1, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given for each candidate or group endorsed by the party at the preceding Legislative Council election; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election held simultaneously with the general election to which the payments referred to in the item relate;

(c) for the purposes of the payments referred to in item 2—

(i) the notional amount means—

(A) in the case of a party that became registered during the period beginning on the day after polling day for the Legislative Council election (the twice preceding Legislative Council election) preceding the general election preceding the election to which the payments relate and ending on polling day for the preceding general election—the amount calculated by multiplying—

the number of eligible votes given at the Legislative Council election held simultaneously with that preceding general election for each candidate or group endorsed by the party at that Legislative Council election; by

the amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the Legislative Council election held simultaneously with that preceding general election from that amount) for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate; or

(B) in any other case—the amount calculated by multiplying—

the number of eligible votes given for each candidate or group endorsed by the party at the twice preceding Legislative Council election; by

the amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the twice preceding Legislative Council election from that amount) for each such eligible vote as if they were given at the Legislative Council election held simultaneously with the general election to which the payments referred to in the item relate; or

(ii) subject to subparagraph (iii), in relation to a notional amount payable to the agent of an eligible Legislative Council minor party calculated under subparagraph (i)(B) in respect of the twice preceding Legislative Council election—

(A) the agent of the party may request that an amount specified in the request (which may not exceed 50% of the notional amount) be paid to the agent for the purposes of the Legislative Council election next occurring after that twice preceding Legislative Council election; and

(B) the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of the party the specified amount as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged for the party for the purposes of the payment; and

(iii) for the purposes of subparagraph (ii)—

(A) a request of a kind referred to in subparagraph (ii) must be included in the certificate lodged with the Electoral Commissioner by the agent of the party in accordance with section 130PF; and

(B) the payment referred to in subparagraph (ii) must be made as soon as reasonably practicable after the day on which the certificate is lodged; and

(C) the amount paid under subparagraph (ii)(B) will be deducted from the amount payable to the agent under this Division in respect of the next Legislative Council election (being the election next occurring after the Legislative Council election in relation to which that amount is paid);

(d) for the purposes of the payments referred to in item 3, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the twice preceding Legislative Council election for the member; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate;

(e) for the purposes of the payments referred to in item 4, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the twice preceding Legislative Council election for the group of which the member was a member; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate;

(f) for the purposes of the payment referred to in item 5, the notional amount, in relation to an entitled group (the recontesting group), means the amount calculated by multiplying—

(i) the number of eligible votes given at the preceding Legislative Council election for the group of which the member of the recontesting group whose name is to appear first in the recontesting group on the ballot papers was a member; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate;

(g) for the purposes of the payment referred to in item 6, the notional amount means the amount calculated by multiplying—

(i) the number of eligible votes given at the preceding Legislative Council election for the candidate; by

(ii) the amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate.

(3) If a Legislative Council minor party—

(a) endorses 1 or more candidates in a Legislative Council election and 1 or more candidates in House of Assembly districts at the general election with which the Legislative Council election is held simultaneously; and

(b) has not endorsed 1 or more candidates in House of Assembly districts at a previous general election (whether held before or after the commencement of this subsection),

the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent the amount of $5,000 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number (as defined in section 130PA)).

(4) For the purposes of subsection (3)—

(a) the certificate lodged by the agent of the party with the Electoral Commissioner in accordance with section 130PF must include a declaration that the party has not endorsed 1 or more candidates in House of Assembly districts at a previous general election; and

(b) the amount payable under subsection (3) must be paid to the agent as soon as reasonably practicable after the day on which the certificate is lodged.

(5) In this section—

Legislative Council minor party, in relation to an election, means a registered political party in respect of which—

(a) 2 or fewer members of the party are members of the Legislative Council (or were members of the Legislative Council at the time of the dissolution of the Parliament in relation to the election); and

(b) no other member of the party is a member of Parliament (or was a member of Parliament at the time of the dissolution of the Parliament in relation to that election).

130PD—Early payment of certain advance funding

(1) The agent of a registered political party (other than an entitled registered political party) or non party member may, in respect of a general election, give the Electoral Commissioner a notice for payment of either of the following:

(a) a specified percentage of the payment payable to the agent under section 130PA for the election referred to as Payment A in the table under that section (up to a maximum of 10% of Payment A or $100,000, whichever is the lesser);

(b) a specified percentage of the payment payable to the agent under section 130PC for the election referred to as Payment A in the table under that section (up to a maximum of 10% of Payment A or $100,000, whichever is the lesser).

(2) A notice under subsection (1) in respect of a general election—

(a) may only be given during the period commencing from the day falling 30 days after polling day for the previous general election and ending at the start of the capped expenditure period for the general election; and

(b) must—

(i) be given in a manner and form determined by the Electoral Commissioner; and

(ii) contain a verification that the payment under the notice is sought in respect of the general election by the registered political party or non party member; and

(iii) contain an undertaking that the payment under the notice will be used for political expenditure.

(3) The Electoral Commissioner must pay a payment specified in a notice under subsection (1) to the relevant agent as soon as reasonably practicable after receipt of the notice.

(4) An amount paid—

(a) in accordance with paragraph (a) of subsection (1) will be deducted from Payment A referred to in that paragraph; or

(b) in accordance with paragraph (b) of subsection (1) will be deducted from Payment A referred to in that paragraph.

(5) The agent of a registered political party or non party member must ensure that a payment to the agent under this section is only used for political expenditure.

(6) For the purposes of this Part, expenditure attributable to a payment to the agent of a registered political party or non party member under this section in respect of a general election is taken to be political expenditure incurred by the party or non party member (as the case requires) during the capped expenditure period for the election.

(7) If an agent of a registered political party or non party member gives a notice under subsection (1) in respect of a general election, the agent cannot give the Electoral Commissioner another notice under subsection (1) in respect of that election.

130PE—Payments of advance funding to be deducted from public funding

(1) If an amount is payable under section 130P (taking into account any reduction of the amount under section 130Q) to an agent in respect of an election (whether a general election or otherwise) any amount under section 130PA to 130PD (inclusive) paid to the agent in respect of that election is to be deducted from the amount payable under section 130P.

(2) The Electoral Commissioner may require the repayment of any amount under section 130PA to 130PD (inclusive) received by an agent in respect of an election (whether a general election or otherwise) if—

(a) in all cases—the registered political party, candidate or group for which the agent is appointed does not contest the election, unless, in the case of a candidate or group, the Electoral Commissioner is satisfied that the candidate or group has good reason for not contesting the election; or

(b) in the case of the agent of a registered political party, candidate or group, other than—

(i) a party at least 1 member of which is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the election); or

(ii) a candidate who is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the election); or

(iii) a group a member of which is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the election),

there is no entitlement by virtue of section 130Q(1) or (2) for payment in respect of votes given in the election to be made to the agent; or

(c) in the case of the agent of a registered political party—before polling day for the election, the party ceases to operate or be registered or it has been, or is being, dissolved or wound up.

130PF—Certificate for advance payments

(1) The following provisions apply to a certificate required to be lodged with the Electoral Commissioner by an agent under section 130PA or 130PC:

(a) the certificate must be lodged in a manner and form determined by the Electoral Commissioner;

(b) the certificate must contain a verification that the relevant payments under section 130PA or 130PC, and payment under section 130P, are sought in respect of the election by the person or body to which the certificate relates;

(c) the certificate must contain an undertaking that those payments will be used for State electoral purposes;

(d) in the case of a certificate lodged for an entitled registered political party under section 130PA—the certificate must state the number of House of Assembly districts in which a candidate endorsed by the party will stand for election;

(e) in the case of a certificate lodged for an entitled registered political party under section 130PC—the certificate must state the number of candidates (up to a maximum of 6) endorsed by the party in the election for the purposes of payments under section 130PC;

(f) in the case of a certificate lodged for a group or candidate (other than a group or candidate endorsed by a registered political party)—the certificate must contain a declaration endorsed in a manner determined by the Electoral Commissioner—

(i) if the certificate is lodged for candidates in a group—that each candidate is qualified to stand as a candidate in the election; or

(ii) in any other case—that the candidate is qualified to stand as a candidate in the election;

(g) in the case of a certificate lodged for an entitled registered political party, entitled group or entitled candidate—the certificate must indicate, in a manner determined by the Electoral Commissioner, whether the entitled registered political party, entitled group or entitled candidate (as the case may be) elects to be treated as a recontesting party, candidate or group (as the case requires) for the purposes of the payments to which the certificate relates;

(h) the certificate (other than a certificate lodged for a registered political party) must be endorsed in a manner determined by the Electoral Commissioner—

(i) in the case of a certificate lodged for candidates in an entitled group—by at least 250 electors for the Legislative Council electoral district for each candidate in the entitled group; or

(ii) in the case of a certificate lodged for an entitled candidate in a Legislative Council election (other than a candidate of a kind referred to in subparagraph (i))—at least 250 electors for the Legislative Council electoral district; or

(iii) in the case of a certificate lodged for an entitled candidate (other than a candidate of a kind referred to in subparagraph (i) or (ii))—by at least 20 electors for the relevant district;

(i) in the case of a certificate relating to 2 or more candidates who intend to have their names grouped together on the ballot paper in accordance with section 58 that is lodged in respect of them before the relevant application is made—the certificate must contain a declaration that such an application will be made before the hour of nomination for the election.

(2) The following provisions apply to a certificate required to be lodged with the Electoral Commissioner by an agent of a candidate under section 130PB:

(a) the certificate must be lodged in a manner and form determined by the Electoral Commissioner;

(b) the certificate must contain a verification that the relevant payments under section 130PB and section 130P are sought by the candidate in respect of the election;

(c) the certificate must contain an undertaking that those payments will be used for State electoral purposes;

(d) the certificate must indicate, in a manner determined by the Electoral Commissioner, whether the entitled registered political party or entitled candidate (as the case may be) elects to be treated as a recontesting party or candidate (as the case requires) for the purposes of the payments to which the certificate relates;

(e) in the case of a certificate lodged for an entitled candidate—the certificate must be endorsed in a manner determined by the Electoral Commissioner by at least 20 electors for the relevant district.

(3) A certificate cannot be lodged under subsection (1) in relation to an election before the commencement of the capped expenditure period for the election.

(4) A certificate cannot be lodged under subsection (2) for a candidate in relation to an election before the receipt of the candidate's nomination for the election.

(5) A certificate seeking payment under section 130PA, 130PB or 130PC cannot be lodged on or after polling day for the election for which the payment is sought.

(6) A certificate required to state the number of candidates endorsed by an entitled registered political party may be lodged under this section even if the identity of the candidates is not determined at the time of lodgement.

(7) A certificate lodged under this section cannot be withdrawn.

130PG—Special provisions relating to advance payments

(1) The total amount payable to the agent of a person to whom Division 6 applies under section 130PA to 130PC in relation to an election cannot exceed the amount equal to the person's applicable expenditure cap for the election.

(2) If an entitled registered political party lodges a certificate under section 130PA and, as at the hour of nomination in relation to the election, the number of House of Assembly districts in which a candidate endorsed by the party is nominated is different from the number that the certificate states will stand for election, the following provisions apply:

(a) the Electoral Commissioner must give the agent of the entitled registered political party a notice setting out—

(i) the difference between number of candidates nominated and the number stated in the certificate; and

(ii) if—

(A) the difference is positive, the amount of additional funding payable to the agent under section 130PA (being Payment A and Payment B in respect of each additional candidate nominated); or

(B) the difference is negative, the fact that the agent is required to repay the excess amount of funding paid under section 130PA in accordance with paragraph (b);

(b) for the purposes of paragraph (a)(ii)(B), the agent of the entitled registered political party must repay to the Electoral Commissioner, in accordance with any requirements of the Electoral Commissioner, the sum of Payment A and Payment B multiplied by the difference referred to in the notice under paragraph (a) (disregarding the negative sign).

(3) For the purposes of this Part, additional funding payable under subsection (2)(a)(ii)(A)—

(a) will be taken to be an amount paid under section 130PA; and

(b) must be paid as soon as reasonably practicable after the notice under paragraph (a) is given.

(4) If an entitled registered political party lodges a certificate under section 130PC and, as at the hour of nomination in relation to the Legislative Council election, the number of candidates endorsed by the party nominated for the election (up to a maximum of 6) is different from the number that the certificate states will stand for election, the following provisions apply:

(a) the Electoral Commissioner must give the agent of the entitled registered political party a notice setting out—

(i) the difference between number of candidates nominated and the number stated in the certificate; and

(ii) if—

(A) the difference is positive, the amount of additional funding payable to the agent under section 130PC (being Payment A and Payment B in respect of each additional candidate nominated); or

(B) the difference is negative, the fact that the agent is required to repay the excess amount of funding paid under section 130PC in accordance with paragraph (b).

(b) for the purposes of paragraph (a)(ii)(B), the agent of the entitled registered political party must repay to the Electoral Commissioner, in accordance with any requirements of the Electoral Commissioner, the sum of Payment A and Payment B multiplied by the difference referred to in the notice under paragraph (a) (disregarding the negative sign).

(5) For the purposes of this Part, additional funding payable under subsection (4)(a)(ii)(A)—

(a) will be taken to be an amount paid under section 130PC; and

(b) must be paid as soon as reasonably practicable after the notice under paragraph (a) is given.

No. 3—Page 40, after line 16, insert:

21—Substitution of section 130Q

Section 130Q—delete the section and substitute:

130Q—Payment not to be made or to be reduced in certain circumstances

(1) A payment referred to in section 130P will not be made in respect of votes given in an election for a candidate unless—

(a) the total number of eligible votes cast in favour of the candidate is—

(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

(b) the candidate is elected.

(2) A payment referred to in section 130P will not be made in respect of votes given in an election for a group unless—

(a) the total number of eligible votes cast in favour of the group is at least 2% of the total primary vote; or

(b) a member of the group is elected.

(3) A payment referred to in section 130P will not be made in respect of votes given in an election for a candidate or group unless—

(a) a certificate was lodged under section 130PF in respect of the candidate or group for the election; or

(b) if paragraph (a) does not apply, within 14 days after polling day for the election (or such longer period as the Electoral Commissioner may allow), the agent of the candidate or group lodges a certificate under this paragraph to receive funding in respect of the election.

(4) A certificate under subsection (3)(b) must—

(a) be accompanied by any information or material required by the Electoral Commissioner; and

(b) be lodged in a manner and form determined by the Electoral Commissioner.

(5) The deductible amount for a House of Assembly election or Legislative Council election must be deducted from the amount of election funding payable in accordance with section 130P(1)(a) or (b) to the agent of a registered political party for the relevant election.

(6) No amount is payable under this Division to the agent of a registered political party in relation to an election if the date of registration of the party under Part 6 is less than 8 months before polling day for the election to which the amount relates.

(7) If the agent of a person to whom Division 6 applies fails to ensure that the person does not incur political expenditure in excess of the person's applicable expenditure cap during the capped expenditure period in relation to an election—

(a) the amount payable in accordance with section 130P to that agent is reduced by an amount equal to 20 times the excess amount; or

(b) if the excess amount is greater than the amount payable in accordance with section 130P—the payment will not be made to the relevant agent.

(8) If, in relation to the payment of an amount in accordance with section 130P to an agent, the Electoral Commissioner is not satisfied, based on an expenditure return under section 130ZQ furnished by the relevant agent, that—

(a) in the case of a payment to be made to the agent of a registered political party—the combined political expenditure of the party and candidates endorsed by the party; or

(b) in the case of a payment to be made to the agent of a candidate not endorsed by a registered political party or a group whose members are not endorsed by a registered political party—the political expenditure of the candidate or group (as the case requires),

exceeds the amount that would, apart from this subsection, be payable in accordance with section 130P to the relevant agent—

(c) in a case where there is no satisfactory evidence of political expenditure—a payment in accordance with section 130P will not be made to the relevant agent; or

(d) in a case where there is satisfactory evidence of political expenditure but the total of that expenditure is less than the amount that would otherwise be payable in accordance with section 130P to the relevant agent—the amount payable in accordance with section 130P is reduced to an amount equal to the amount of that expenditure.

(9) The following provisions apply for the purposes of determining the deductible amount in relation to election funding payable to the agent of a registered political party:

(a) for a general election (of members of the House of Assembly), the deductible amount is determined—

(i) by dividing the number of districts in which a candidate is endorsed by the party at the general election by the total number of House of Assembly districts and then multiplying the quotient of that division by the aggregate primary vote to obtain the relevant aggregate primary vote; and

(ii) by dividing the sum of the eligible votes given for the candidates endorsed by the party at the general election by the relevant aggregate primary vote; and

(iii) by subtracting 0.33 from the quotient obtained in subparagraph (ii); and

(iv) if the result of the subtraction under subparagraph (iii) is negative, the deductible amount is $0; and

(v) if the result of the subtraction under subparagraph (iii) is positive, the deductible amount is the amount obtained by—

(A) multiplying the result of that subtraction by the relevant aggregate primary vote; and

(B) multiplying the result of that multiplication by $5.50 (2026 indexed);

(b) for a Legislative Council election, the deductible amount is determined—

(i) by dividing the sum of the eligible votes given for the groups and candidates endorsed by the party at the election by the Legislative Council aggregate primary vote; and

(ii) by subtracting 0.33 from the quotient obtained in subparagraph (i); and

(iii) if the result of the subtraction under subparagraph (ii) is negative, the deductible amount is $0; and

(iv) if the result of the subtraction under subparagraph (ii) is positive, the deductible amount is the amount obtained by—

(A) multiplying the result of that subtraction by the total primary vote; and

(B) multiplying the result of that multiplication by $5.50 (2026 indexed).

(10) In this section—

aggregate primary vote means the total number of eligible votes cast in favour of all of the candidates in a general election of members of the House of Assembly;

deductible amount—see subsection (9);

excess amount, in relation to a person, means the amount by which—

(a) the political expenditure of the person; and

(b) any political expenditure of another person or body incurred as part of a scheme of a kind referred to in section 130ZZE(a3)(a),

exceed the applicable expenditure cap;

Legislative Council aggregate primary vote means the total number of eligible votes cast in favour of all of the candidates (including members of groups) in a Legislative Council election.

No. 4—Page 44, after line 8, insert:

26—Amendment of section 130U—Entitlement to and claims for half yearly entitlement to special assistance funding

(1) Section 130U, heading—delete 'special assistance' and substitute:

administrative

(2) Section 130U(1)—delete 'special assistance' and substitute:

administrative

(3) Section 130U(1)(c)—delete ', setting out the amount of administrative expenditure incurred by the party during that period'

(4) Section 130U(2)—delete subsection (2) and substitute:

(2) The amount to be paid to a registered political party under this Division for a half yearly period is as follows:

(a) if the registered party has 1 member who is a member of Parliament (as at the last day of the relevant period), $85,000 (2026 indexed);

(b) if the registered party has 2 members who are members of Parliament (as at the last day of the relevant period), $245,000 (2026 indexed);

(c) if the registered party has more than 2 members who are members of Parliament (as at the last day of the relevant period), the lesser of the following amounts:

(i) the amount of $245,000 (2026 indexed) in respect of 2 members of Parliament plus $55,000 (2026 indexed) for each additional member of Parliament;

(ii) $800,000 (2026 indexed),

(the half yearly entitlement).

(2a) Subject to this Division, a non party member is entitled to be paid their half yearly entitlement to administrative funding if—

(a) the non party member is a member of Parliament for all or part of the half yearly period; and

(b) the agent of the non party member submits a claim to the Electoral Commissioner, in accordance with subsection (3).

(2b) The amount to be paid to a non party member under this Division for a half yearly period is $20,000 (2026 indexed) (the half yearly entitlement).

(5) Section 130U(3)—delete 'subsection (1)(c)' and substitute:

this section

No. 5—Page 45, after line 16, insert:

27—Insertion of sections 130UA and 130UB

After section 130U insert:

130UA—Entitlement to and claim for one-off payment of administrative funding

(1) Subject to this Division, a registered political party is entitled to a one-off payment of administrative funding if—

(a) the party is entitled to administrative 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 $200,000.

(3) A claim under subsection (1)(b) must—

(a) be submitted on or after the commencement of this section and by no later than the prescribed date; and

(b) be in a form determined by the Electoral Commissioner; and

(c) be in writing and endorsed in a manner determined by the Electoral Commissioner by the agent.

(4) A one-off payment of administrative funding paid to the agent of a registered political party under this section must only be used to reimburse the party for prescribed administrative expenditure.

(5) To avoid doubt, a registered political party that has received a one-off payment of administrative funding under this Division is not entitled to any further such payment.

(6) This section expires on 31 August 2026.

(7) In this section—

prescribed administrative expenditure means administrative expenditure incurred by a registered political party before the prescribed date for the purpose of complying with this Part (whether the administrative expenditure was incurred before or after the commencement of this section), but does not include administrative expenditure set out in a claim under section 130U(1)(c) (as in force immediately before the commencement of this section) for a half yearly entitlement to special assistance funding.

130UB—Entitlement to and claim for one-off payment of administrative funding

(1) Subject to this Division, a non party member is entitled to a one-off payment of administrative funding if—

(a) the non party member is a member of Parliament on the commencement of this section; and

(b) the agent of the non party member submits a claim to the Electoral Commissioner, in accordance with subsection (3), setting out the amount of prescribed administrative expenditure incurred by the member.

(2) The amount to be paid to a non party member under subsection (1) is the amount of prescribed administrative expenditure up to a maximum of $50,000.

(3) A claim under subsection (1)(b) must—

(a) be submitted on or after the commencement of this section and by no later than the prescribed date; and

(b) be in a form determined by the Electoral Commissioner; and

(c) be in writing and endorsed in a manner determined by the Electoral Commissioner by the agent.

(4) A one-off payment of administrative funding paid to the agent of a non party member under this section must only be used to reimburse the non party member for prescribed administrative expenditure (within the meaning of that section).

(5) To avoid doubt, a non party member who has received a one-off payment of administrative funding under this Division is not entitled to any further such payment.

(6) This section expires on 31 August 2026.

(7) In this section—

prescribed administrative expenditure means administrative expenditure incurred by a non party member before the prescribed date for the purpose of complying with this Part (whether the administrative expenditure was incurred before or after the commencement of this section).

No. 6—Page 49, line 1, insert:

31—Insertion of Part 13A Division 5A

Part 13A—after Division 5 insert:

Division 5A—Policy development funding for certain political parties

130WB—Preliminary

In this Division—

annual entitlement—see section 130WC(2);

policy development expenditure, in relation to an entitled registered political party, means—

(a) expenditure on conferences, seminars, meetings or similar functions at which policies of the party are discussed; or

(b) expenditure on providing information on policies of the party to members and supporters of the party; or

(c) expenditure on research undertaken by or on behalf of the party for the purposes of policy development; or

(d) any other expenditure, or class of expenditure, prescribed by the regulations.

130WC—Entitlement to and claims for annual entitlement to policy development funding

(1) Subject to this Division, an entitled registered political party is to be paid its entitlement to policy development funding in respect of a calendar year if—

(a) the party was an entitled registered political party for all of the calendar year to which the payment relates; and

(b) the agent of the party submits a claim to the Electoral Commissioner, in accordance with subsection (3), setting out the amount of policy development expenditure incurred by the party during that year.

(2) The amount to be paid to a registered political party under this Division for a calendar year is the amount of policy development expenditure incurred by the party during that year up to a maximum of $20,000 (2026 indexed) (the annual entitlement).

(3) A claim under subsection (1)(b) must—

(a) be submitted within 30 days after the end of the calendar year to which it relates; and

(b) be in a form determined by the Electoral Commissioner; and

(c) be in writing and signed by the agent.

130WD—Making of payments

(1) The Electoral Commissioner must, within 28 days after receipt of a claim under this Division from the agent of an entitled registered political party, pay to the agent the annual entitlement of the party.

(2) A payment under this section may be made electronically.

130WE—Use etc of policy development funding

If an amount is paid to an entitled registered political party for policy development funding under this Division, the agent of the party must ensure that—

(a) it is only used as reimbursement for policy development expenditure of the party; and

(b) no part of the amount is paid into a State campaign account kept under this Part.


At 23:29 the council adjourned until Wednesday 27 November 2024 at 14:15.

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