Carter David: Local Electoral Amendment Bill (No 2) — First Reading 
Text is incorporated into the Bound Volume 
Carter David: Local Electoral Amendment Bill (No 2) — First Reading 
[Sitting date: 06 November 2012. Volume:685;Page:6327. Text is incorporated into the Bound Volume.] 
Hon DAVID CARTER (Minister of Local Government) 
: 
 I move  
That the Local Electoral Amendment Bill (No 2) be now read a first time. 
 I nominate the Justice and Electoral Committee to consider the bill. At the appropriate time I intend to move that the bill be reported back to the House on or before 11 March 2013. 
The Local Electoral Act 2001 which sets the rules of the conduct of local elections every 3 years has as one of its principles that the public have confidence in and understand the local electoral processes. The Act also provides for fair and effective representation for individuals and communities and aims to provide people with a reasonable and equal opportunity to cast an informed vote and to accept nomination as a candidate. 
There have been significant changes since the Local Electoral Act was enacted in terms of both the changing landscape of the local government sector and amendments to the Electoral Act—the legislation that regulates parliamentary elections. Simply put the legislation governing local government elections has not kept pace with the changes imposed on central government political candidates. This bill strengthens the Local Electoral Act to ensure that it meets its principles and to bring it closer into line with the provisions of the Electoral Act. 
A number of amendments in this bill implement the Government’s response to the findings of the Justice and Electoral Committee in the conduct of the 2010 local authority elections. The amendments also reflect the Government’s response to the Local Government Commission’s 2008 statutory review of the Act. The bill improves the balance between requirements for fair and effective representation of communities by territorial authorities. Councils will have more flexibility in setting ward boundaries that reflect existing communities. The amendments also streamline technical aspects of the representation review process. In short the bill will give electors more effective democratic representation. 
This bill will also ensure electors have better information when deciding whom to vote for. Candidates will need to declare if they are standing for more than one elected position. Candidates will also have to declare whether they live in the local area for the positions they are contesting. In addition the bill will streamline the production of voting documents and candidate nomination processes. This bill will also increase openness and accountability in local elections through new and enhanced provisions for the receipt disclosure reporting and recording of donations especially anonymous donations. Legislation surrounding anonymous donations has needed to be improved for some time. As it now stands the current legislation has unnecessarily created uncertainty and confusion in the local government elections. This bill provides that certainty. 
The bill contains provisions that are modelled on existing checks and balances in the Electoral Act which covers of course parliamentary elections but they are adapted to apply to local elections. Having similar provisions across both the parliamentary and the local electoral systems will make it easier for candidates for donors and for others involved in local elections. The key changes proposed in the area of donations include the expanding of the definition of “anonymous” to mirror the descriptions in the Electoral Act—that is to include situations where the candidate could not reasonably know the identity of the donor. In addition where a donor gives a donation to a third party to pass on to a candidate and the third party knows the identity of the donor the third party will have to disclose this information to the candidate so the donation cannot be treated as anonymous. 
Anonymous donations will also have a limit of $1500—the same as is in the Electoral Act. If a candidate receives an anonymous donation over that limit they cannot keep the excess but will have to give it to the electoral officer appointed by the local authority to conduct that election. The bill also increases the obligations on candidates to record and report on the donations they receive. I do not consider the obligations to be onerous as most would be reasonably expected from efficient financial and administrative practice. New penalty provisions will accompany and enforce the new obligations. Those who are found guilty of breaching the law will be held accountable and could be liable on conviction for a fine. 
The Local Electoral Amendment Bill (No 2) will strengthen the integrity of the Local Electoral Act enhance the transparency and efficiency of the local electoral system and the representation of electors and as a result increase the public’s confidence in the local electoral system as being efficient democratic and transparent. I commend this bill to the House and hope that it finds good support from all parties across the House.