Electoral Amendment Act (No 2) 1995

1: Short Title and commencement
1: This Act may be cited as the Electoral Amendment Act (No 2) 1995, and shall be read together with and deemed part of the Electoral Act 1993
2: Except as provided in sections 8(2) 9(2) 11(2) 51(3) 80
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15: Application for registration
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2: Section 63(2)
d: Shall be accompanied by a declaration made by the Secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957
i: State whether the party is a party in respect of which there are one or more component parties; and
ii: Where the party has one or more component parties, state the name of each component party.
3: This subsection inserted s 63(4)
4: Where a political party has obtained registration under Part 4 section 63 section 63(2)(d) subsection (2) section 63(2)(d)
5: Where the Secretary of a political party fails to comply with subsection (4)
a: Cancel the registration of that party; and
b: As soon as reasonably practicable, give written notice of the cancellation to the Secretary of the political party; and
c: Cause notice of the cancellation to be published in the Gazette
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79: New sections inserted
The principal Act is hereby amended by inserting, after section 214A section 38 Political parties' election expenses
214B: Maximum amount of parties' election expenses
1: Subject to this section, in this Act,— Election activity Part IV of this Act
a: Which is carried out by the party or with the party's authority; and
b: Which comprises—
i: Advertising of any kind; or
ii: Radio or television broadcasting; or
iii: Publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; and
c: Which—
i: Encourages or persuades or appears to encourage or persuade voters to vote for the party; or
ii: Encourages or persuades or appears to encourage or persuade voters not to vote for any other party registered under Part IV of this Act
iii: Both; and
d: Which takes place within the 3 months immediately preceding polling day: Election expenses Part IV of this Act
a: Means expenses that are incurred by or on behalf of the party in respect of any election activity; and
b: Includes expenses that are incurred by or on behalf of the party, before or after the 3 months immediately preceding polling day, in respect of any election activity; and
c: Includes the reasonable market value of any materials applied in respect of any election activity which are given to the party or which are provided to the party free of charge or below reasonable market value; and
d: Includes the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the party; but
e: Does not include the labour of any person which is provided to the party free of charge by that person; and
f: Does not include expenditure relating exclusively to the election expenses of any of that party's individual constituency candidates under section 213 of this Act
g: Does not include allocations of time and money made to political parties by the body responsible for such allocations under the Broadcasting Act 1989
2: In the case of a general election, the total election expenses of a party that is registered under Part IV of this Act
a: If the party is listed in the part of the ballot paper that relates to the party vote, exceed $1,000,000 plus $20,000 for each constituency contested by a candidate for that party (which sum shall be inclusive of goods and services tax); and
b: If the party is not listed in the part of the ballot paper that relates to the party vote, exceed $20,000 for each constituency contested by a candidate for that party (which sum shall be inclusive of goods and services tax).
3: Every person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by this section is,—
a: If the act is done with knowledge that the payment is in excess of the maximum amount prescribed by this section, guilty of a corrupt practice; and
b: In any other case, guilty of an illegal practice unless the person proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the maximum amount prescribed by this section.
214C: Return of election expenses
1: Within 70 days after the day on which the result of an election of candidates whose names appear on the party lists is declared by the Chief Electoral Officer in accordance with section 193(5) of this Act Part IV of this Act section 214E of this Act
2: Every Secretary of a political party registered under Part IV of this Act subsection (1) of this section
3: Every Secretary of a political party registered under Part IV of this Act subsection (1) of this section
a: Is, if the Secretary forwards the return knowing that the return is false in any material particular, guilty of a corrupt practice and is liable on conviction on indictment to imprisonment for a term not exceeding one year or to a fine not exceeding $20,000, or to both; and
b: Is, in any other case, guilty of an illegal practice and is liable on conviction on indictment to a fine not exceeding $20,000, unless the Secretary proves—
i: That he or she had no intention to mis-state or conceal the facts; and
ii: That he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
4: Every person charged with an offence against subsection (3)(a) of this section subsection (3)(b) of this section
5: It shall be the duty of the Electoral Commission to see that the provisions of this section are complied with.
6: Where the Electoral Commission believes that any person has committed an offence against subsection (2) or subsection (3) of this section
214D: Appointment of auditors
1: Every party registered under Part IV of this Act
2: None of the following persons may be appointed or act as an auditor under subsection (1) of this section
a: An employee or partner of a candidate:
b: An officer or employee of a political party:
c: A body corporate:
d: A person who, by virtue of section 199(1) of the Companies Act 1993
e: A Returning Officer or Deputy Returning Officer:
f: A candidate or agent of a candidate.
3: Where an auditor appointed by a party pursuant to subsection (1) of this section subsection (2) of this section
214E: Auditor's report
1: Every Secretary of a political party registered under Part IV of this Act section 214C(1) of this Act section 214D of this Act
2: The auditor shall state in the report whether or not, in the auditor's opinion, the return fairly reflects the election expenses of the party.
3: The auditor shall make such examinations as the auditor considers necessary.
4: The auditor shall specify in the report any case in which—
a: The return does not, in the auditor's opinion, fairly reflect the election expenses of the party:
b: The auditor has not received from the party or the Secretary of the party all the information that the auditor requires to carry out his or her duties:
c: Proper records of the party's election expenses have not, in the auditor's opinion, been kept by the party or the Secretary of the party.
5: The auditor—
a: Shall have access at all reasonable times to all records, documents, and accounts which relate to the party's election expenses and which are held by the party or the Secretary of the party; and
b: May require the party or the Secretary of the party to provide such information and explanations as, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. Disclosure of donations to political parties
214F: Interpretation
In sections 214G to 214L of this Act Electorate donation Part IV of this Act
a: Means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things)—
i: Which is received on behalf of the party by any person or body of persons involved in the administration of the affairs of the party within an electorate; and
ii: Which, either on its own or when aggregated with all other such donations made in the same year by the same person within the same electorate, exceeds $1,000 in sum or value (which sum shall be inclusive of goods and services tax); and
b: Includes, where goods or services are provided to the party under a contract at 90 percent or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but
c: Does not include the labour of any person which is provided to the party free of charge by that person; and
d: Does not include any election donation that is included in a return made by a constituency candidate under section 210 of this Act National donation Part IV of this Act
a: Means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things)—
i: Which is received by or on behalf of the party by any person or body of persons involved in the administration of the affairs of the party over more than one electorate; and
ii: Which, either on its own or when aggregated with all other such donations made in the same year by the same person exceeds $1,000 in sum or value (which sum shall be inclusive of goods and services tax); and
b: Includes, where goods or services are provided to the party under a contract at 90 percent or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but
c: Does not include the labour of any person which is provided to the party free of charge by that person; and
d: Does not include any election donation that is included in a return made by a constituency candidate under section 210 of this Act Year
214G: Appointment of electorate agent
1: Every Secretary of a party registered under Part IV of this Act
a: Appoint for each electorate in which persons are engaged in the administration of the affairs of the party within that electorate, an electorate agent, who shall be the person responsible for providing a return and a declaration in accordance with section 214H(1) of this Act
b: Supply the Electoral Commission with the name and residential address of every person appointed under paragraph (a) of this subsection
2: Where an electorate agent appointed under subsection (1)(a) of this section
a: Appoint another electorate agent forthwith; and
b: Supply the Electoral Commission with the name and residential address of every person appointed under paragraph (a) of this subsection
214H: Return of electorate donations
1: Every electorate agent appointed under section 214G(1)(a) of this Act
a: A return (which shall be on a form provided by the Electoral Commission) setting out—
i: The name and address of each person who made an electorate donation in the year ending with the immediately preceding 31st day of December and the amount of each such donation; and
ii: The amount of each anonymous electorate donation made in the year ending with the immediately preceding 31st day of December (being a donation that, by virtue of paragraph (a)(ii) electorate donation section 214F of this Act
b: A declaration in form 17.
2: Every electorate agent commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who fails without reasonable excuse to comply with subsection (1) of this section
3: Every electorate agent who forwards to the Secretary of the political party under subsection (1)(a) of this section
a: Commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both, if the electorate agent forwards the return knowing that the return is false in any material particular; and
b: In any other case, commits an offence and is liable on summary conviction to a fine not exceeding $5,000, unless he or she proves—
i: That he or she had no intention to mis-state or conceal the facts; and
ii: That he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
4: Every person charged with an offence against subsection (3)(a) of this section subsection (3)(b) of this section
5: Notwithstanding anything in subsection (1) of this section Part IV of this Act
214I: Return of national donations
1: Every Secretary of a political party registered under Part IV of this Act
a: A return (which shall be on a form provided by the Electoral Commission) setting out—
i: The name and address of each person who made a national donation in the year ending with the immediately preceding 31st day of December and the amount of each such donation; and
ii: The amount of each anonymous donation made in the year ending with the immediately preceding 31st day of December (being a donation that, by virtue of paragraph (a)(ii) national donation section 214F of this Act
b: The auditor's report on the return referred to in paragraph (a) of this subsection section 214J of this Act
c: The returns received by the Secretary of the political party under section 214H(1) of this Act
2: Every Secretary of a political party registered under Part IV of this Act who fails, without reasonable excuse, to comply with subsection (1) of this section
3: Every Secretary of a political party registered under Part IV of this Act subsection (1)(a) of this section
a: Is, if the Secretary forwards the return knowing that the return is false in any material particular, guilty of a corrupt practice and is liable on conviction on indictment to imprisonment for a term not exceeding one year or to a fine not exceeding $20,000, or to both; and
b: Is, in any other case, guilty of an illegal practice and is liable on conviction on indictment to a fine not exceeding $20,000, unless the Secretary proves—
i: That he or she had no intention to mis-state or conceal the facts; and
ii: That he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
4: Every person charged with an offence against subsection (3)(a) of this section subsection (3)(b) of this section
5: Notwithstanding anything in subsection (1) of this section Part IV of this Act Part IV of this Act
214J: Auditor's report
1: Every Secretary of a political party registered under Part IV of this Act shall, before forwarding to the Electoral Commission, the return required by section 214I(1)(a) of this Act
2: The auditor shall state in the report whether or not, in the auditor's opinion, the return fairly reflects the national donations received by the party.
3: The auditor shall make such examinations as the auditor considers necessary.
4: The auditor shall specify in the report any case in which—
a: The return does not, in the auditor's opinion, fairly reflect the national donations received by the party:
b: The auditor has not received from the party or the Secretary for the party all the information that the auditor requires to carry out his or her duties:
c: Proper records of national donations received by the party have not, in the auditor's opinion, been kept by the party or the Secretary for the party.
5: The auditor—
a: Shall have access at all reasonable times to all records, documents, and accounts which relate to the national donations received by the party and which are held by the party or the Secretary of the party; and
b: May require the party or the Secretary of the party to provide such information and explanations as, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.
214K: Duties of Electoral Commission
1: It shall be the duty of the Electoral Commission to see that the provisions of sections 214H(1) and 214I(1) of this Act
2: Where the Electoral Commission believes that any person has committed an offence against section 214H(2) or section 214H(3) or section 214I(2) or section 214I(3) of this Act
214L: Inspection of returns and audit reports
Members of the public shall be entitled, at any time between 9.00am and 4.00pm, on any day on which the office of the Electoral Commission is open, to inspect without payment—
a: Returns and auditors' reports forwarded to the Electoral Commission under section 214C(1) of this Act
b: Returns forwarded to the Electoral Commission under section 212(1)(b) of this Act
c: Returns forwarded to the Electoral Commission under section 214I(1)(a) of this Act
d: Returns forwarded to the Electoral Commission under section 214I(1)(c) of this Act
e: Auditors' reports forwarded to the Electoral Commission under section 214I(1)(b) of this Act
80: Commencement of provisions relating to auditors, electorate agents, and donations
1: Sections 214D to 214L section 79
2: Notwithstanding anything in section 214C section 79 section 214C
a: As if the words and the auditor's report which has been obtained under section 214E of this Act and which relates to that return subsection (1)
b: As if the words and the auditor's report relating to the return subsection (2)
3: Notwithstanding anything in sections 214H 214I
a: The return of electorate donations to be made in respect of the year ending on the 31st day of December 1996, by every electorate agent under section 214H(1)(a)
b: The return of national donations to be made in respect of the year ending on the 31st day of December 1996, by every party secretary under section 214I(1)(a)
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