Election Access Fund Act 2020

1: Title
This Act is the Election Access Fund Act 2020.
2: Commencement
This Act comes into force on 1 July 2021.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to establish a fund designed to remove or reduce barriers to standing as a candidate in a general election or a by-election faced by individuals as a consequence of their disability and which non-disabled individuals do not face.
4: Interpretation
In this Act, unless the context otherwise requires,— by-election section 3(1) candidate
a: means a constituency candidate or a list candidate within the meaning of those terms in section 3(1)
b: includes a person who has declared their intention of becoming a constituency candidate or a list candidate Electoral Commission section 3(1) fund section 6 general election section 3(1) Minister
5: Act binds the Crown
This Act binds the Crown.
2: Election Access Fund
6: Election Access Fund established
1: The Electoral Commission must establish a fund to facilitate the participation of disabled persons standing as candidates in, or seeking selection as candidates in, general elections or by-elections.
2: In each year, out of an appropriation by Parliament for the purpose, the fund must be paid a general grant.
3: The amount of the grant must be determined by the Minister, taking into account the purpose of this Act set out in section 3
7: Eligibility for funding for election access
1: The Electoral Commission must, by notice
2: The Electoral Commission must not issue a notice under subsection (1) without first consulting persons and organisations that the Commission considers appropriate, having regard to the purpose of the fund.
3: A person may be eligible for a payment out of the fund if the person is a disabled person who is standing as a candidate in, or seeking selection as a candidate in, a general election or a by-election.
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Payment from fund not election expense or donation
Any payment made from the fund to a candidate is not to be treated as—
a: an election expense for the purposes of subpart 1 2
b: a candidate donation or a party donation for the purposes of subpart 3
9: Payment from fund is exempt income
Any payment from the fund to a candidate is exempt income of the candidate for the purposes of section CW 64
10: Review of Act
1: The Minister must, no later than 6 months after the date on which the Electoral Commission provides its first report on this Act under section 8(1)
a: review, or arrange for a review of, the operation and effectiveness of this Act; and
b: prepare a report on that review.
2: The review must—
a: consider the operation, purpose, and scope of the fund; and
b: assess whether any amendments to this Act are necessary or desirable.
3: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed. Amendments to Electoral Act 1993
11: Amendments to Electoral Act 1993
Sections 12 13 Electoral Act 1993 2021-07-01 Electoral Act 1993
12: Section 5 amended (Functions)
After section 5(c)
ca: administer the fund established by section 6
13: Section 8 amended (Electoral Commission must report on general election)
After section 8(1)﻿(d)
da: the funding provided under the Election Access Fund Act 2020 to disabled persons standing as candidates, or seeking selection as candidates, to facilitate their participation in the election; and