2002
2002
2003-07-22
act
publicspecial
act.reprint
allinforce
2002-09-25
2003-07-22
act-2003-040
none
act-2002-080
38cc6ee6-2247-402e-91bc-90cf810cefbb
d0a27899-aca5-4eba-9f7c-554af917a8a6
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2003
No 40, Sch 3 with effect from 22.7.2003.
An Act to amend the Parliamentary Electorates and Elections Act
1912 in relation to the registration of political
parties.
1Name of
Act
This Act is the Parliamentary
Electorates and Elections Amendment (Party Registration) Act
2002.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Parliamentary Electorates and Elections Act 1912
No 41
The Parliamentary
Electorates and Elections Act 1912 is amended as set out
in Schedule 1.
Schedule 1Amendments
(Section 3)
[1]Section 66D Application for
registration
Insert after section 66D (2):
(2A)
An application for the registration of a party
may include an additional list of names and addresses of electors who are
members of the party (and accompanying declarations) to supplement the
required list of 750 electors who are members of the party in the event that
the Electoral Commissioner determines that the party is not entitled to rely
on any person named in the application as a member of the
party.
[2]Section 66D
(4)
Insert after section 66D (3):
(4)
On receipt of an application for the registration
of a party, the Electoral Commissioner may carry out preliminary tests and
inquiries (including any test or inquiry referred to in section 66G) to
determine whether the party is an eligible party and the application is duly
made.
[3]Section 66DA Notice of
application for registration
Omit “On receipt of an application for the
registration of a party, the” from section 66DA (1).
Insert instead “If, after carrying out any
preliminary tests and inquiries with respect to an application for the
registration of a party, the Electoral Commissioner is satisfied that the
party may be an eligible party and the application may be duly made,
the”.
[4]Section 66FA Entitlements
resulting from party registration not available until first anniversary of
registration
Insert after section 66FA (3):
(4)
If the registration of a party has been
wrongfully delayed by any act or omission of the Electoral Commissioner, the
Supreme Court or the Electoral Commissioner may, by order, backdate the
registration of the party to the date on which the party should have been
registered. Such an order cannot be made so as to backdate the registration of
a party to a date during or before a previous period referred to in section
66F.
(5)
The Register of Parties cannot be amended to
backdate the registration of a party, except as authorised by an order under
subsection (4).
[5]Section 66G Refusal to
register
Insert after section 66G (2):
(2A)
The Electoral Commissioner:
(a)
may, before registering a party, require a
written response from at least a specified percentage of all or any specified
number of the members relied on for registration of the party confirming that
they are in fact members of the party, and
(b)
may adopt any other test for verifying membership
of the party that must be satisfied before the party is registered,
and
(c)
may make other inquiries about the members of the
party or the party for the purpose of determining whether the party is an
eligible party and the application for its registration is duly
made.
The regulations may (but need not) sanction
particular tests or inquiries for the purposes of this
subsection.
[6]Section 66I Cancellation of
registration
Insert after section 66I (2):
(2A)
Without limiting subsection (2), the Electoral
Commissioner may, for the purpose of determining whether a registered party is
still an eligible party:
(a)
carry out the tests and inquiries referred to in
section 66G (2A), and
(b)
require any such test to be satisfied within a
reasonable period determined by the Electoral
Commissioner.
[7]Section 66K Statutory
declarations
Insert after section 66K (2):
(3)
This section extends to verification of
information provided by persons relied on as members of a party for the
purposes of registration or continued registration.
[8]Section 66N Transitional and
other arrangements
Insert after section 66N (12):
(13)
The power conferred on the Electoral Commissioner
by section 66G (2A), or by any other provision made by the Parliamentary Electorates and Elections Amendment (Party
Registration) Act 2002, is taken to have been conferred on
and from the commencement of the new registration requirements, and anything
done or omitted by the Electoral Commissioner before the commencement of the
provision that would have been validly done or omitted if the provision had
been in force when it was done or omitted is validated.
(14)
Without limiting subsection (13), the Electoral
Commissioner was entitled (and continues to be entitled) to refuse to register
(or to continue the registration of) a party until at least 75% of a sample of
or of about 300 members relied on for registration or continued registration
of the party (and chosen by the Electoral Commissioner) have replied to a
letter from the Electoral Commissioner confirming that they are members of the
party.
(15)
Despite anything to the contrary in this
Part:
(a)
the initial registration of the party called Save
Our Suburbs that was directed to be made by order of the Supreme Court on 30
August 2002 is not affected by any amendment to this Part made by the Parliamentary Electorates and Elections Amendment (Party
Registration) Act 2002, and
(b)
that party is taken to have been registered on 1
March 2002, and
(c)
the Register of Parties may be amended
accordingly.
(16)
Subsections (13) and (14) have effect in
connection with an application for the registration or continued registration
of a party even though proceedings are pending in a court on the commencement
of those subsections in connection with that application or
registration.
Historical
notes
Table of amending
instruments
Parliamentary
Electorates and Elections Amendment (Party Registration) Act 2002
No 80. Second reading speech made: Legislative Assembly, 25.9.2002;
Legislative Council, 23.10.2002. Assented to 25.10.2002. Date of commencement,
25.10.2002, sec 2 and GG No 193 of 25.10.2002, p 9267.