2019
2019
2019-11-22
act
government
publicspecial
act.reprint
allinforce
2019-10-16
2019-11-13
0
2019-11-22
act-1987-015
2019
none
act-2019-018
ea617166-b100-4a77-b213-1ca2845095ba
0acd5f10-eccd-458c-b4e9-3a46bd7d4905
Repeal—
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 22.11.2019.
An Act to amend the Electoral Funding Act 2018 to make
further provision regarding caps on electoral expenditure for local government
election campaigns; and for related purposes.
1Name of
Act
This Act is the Electoral Funding
Amendment (Local Government Expenditure Caps) Act
2019.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Electoral Funding Act 2018 No
20
[1]Section 4
Definitions
Insert in alphabetical order—
Electoral
Commissioner means the person for the time being holding or
acting in the office of Electoral Commissioner under the Electoral Act
2017.
[2]Sections 31 and
31A
Omit section 31. Insert instead—
31Applicable caps on electoral
expenditure for local government election campaigns
(1)General
The applicable caps on electoral expenditure for
a local government election campaign are as provided by this section, as
modified by section 32 (Aggregation of applicable caps—local government
election campaigns).
Note—
This Act does not apply to an election of mayor
by councillors—see the definition of local
government election in section 4.
(2)Parties with
candidates
For a local government general election or
by-election for a local government area or ward, the applicable cap for a
party that endorses a candidate for the election (including a candidate for
mayor) or a group of candidates for election as councillor (including a group
that includes a candidate for mayor) for electoral expenditure for the
candidate or group is the amount of the applicable cap for the candidate or
group.
(3)Candidates and groups (other
than groups including mayoral candidates)
For a local government general election or
by-election for a local government area or ward, the applicable cap for a
candidate (other than a candidate for mayor) or a group of candidates for
election as councillor (other than a group that includes a candidate for
mayor), whether or not endorsed by any party, is—
(a)
$6,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
5,000 or fewer, and
(b)
$10,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 5,000 but fewer than 10,001, and
(c)
$18,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 10,000 but fewer than 20,001, and
(d)
$25,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 20,000 but fewer than 30,001, and
(e)
$36,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 30,000 but fewer than 50,001, and
(f)
$46,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 50,000 but fewer than 75,001, and
(g)
$63,500—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 75,000 but fewer than 125,001, and
(h)
$72,000—where the number of enrolled
electors for the local government area or ward concerned for the election is
more than 125,000.
(4)Mayoral candidates (and groups
including mayoral candidates)
For a local government general election or
by-election, the applicable cap for a candidate for mayor or a group of
candidates that includes a candidate for mayor is—
(a)
where the local government area concerned is
divided into wards—the sum of the following—
(i)
100% of the applicable cap for a candidate for
election as councillor in a ward of the local government
area,
(ii)
25% of the applicable cap for a candidate for
election as councillor in each of the other wards of the local government
area, and
Note—
See section 31A(5) regarding the determination of
the number of
enrolled electors for a ward and, in particular, section
31A(5)(b) which provides that the number of enrolled electors for a ward in a
local government area is the highest number of enrolled electors in any ward
in that area.
(b)
where the local government area concerned is not
divided into wards—125% of the applicable cap for a candidate for
election as a councillor of the local government area (other than a candidate
for mayor).
(5)Third-party
campaigners
For a local government general election or
by-election for a local government area or ward, the applicable cap for a
third-party campaigner is the amount that is one-third of the applicable cap
for a candidate for election as councillor (other than mayor) for the local
government area or ward election concerned, but if the amount is not a whole
number multiple of $10, the amount is to be rounded up to the nearest whole
number multiple of $10.
(6)Candidate running for mayor
and councillor at same time
For the avoidance of doubt, if a person is a
candidate for mayor and a candidate for councillor (other than mayor) at the
same general election (or a simultaneous by-election for mayor and by-election
for councillor (other than mayor)), the applicable cap for the person is the
relevant applicable cap for a candidate for mayor.
(7)Indexation of capped
amounts
Each of the amounts referred to in this section
is an adjustable amount that is to be adjusted for inflation as provided by
Schedule 1.
31AMeaning of “number of
enrolled electors for local government area or
ward”
(1)
For the purposes of section 31, the number of
enrolled electors for a local government area or ward for an
election for a local government area or ward is the number determined by the
Electoral Commissioner in accordance with this section.
(2)Timing of
determination
The Electoral Commissioner is to make the
determination as soon as is reasonably practicable after the following date in
relation to an election for a local government area or ward—
(a)
in the case of an ordinary election of
councillors under section 287(1) of the Local Government
Act 1993 and any election of a mayor by the electors held
on the same day—the date that is 12 months before the election day for
the election,
(b)
in relation to any other election—the date
that the election day for the election is first determined or specified by
proclamation.
(3)“Relevant date”
for determination
The relevant
date for an election for a local government area or ward
is—
(a)
in the case of an ordinary election of
councillors under section 287(1) of the Local Government
Act 1993 and any election of a mayor by the electors held
on the same day—the date that is 12 months before the election day for
the election, or
(b)
in relation to any other election—
(i)
the date of the previous general election for the
local government area concerned, or
(ii)
if no general election for the local government
area concerned has previously been held—the date that the election day
for the election is first specified by
proclamation.
(4)
The number of
enrolled electors for a local government area for an
election is the sum of the following as at the relevant date—
(a)
the number of electors on the residential roll
for the area,
(b)
the number of electors on the non-residential
roll and the roll of occupiers and ratepaying lessees for the area who must
vote at the election if the election is contested.
Note—
See section 286 of the Local
Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding
compulsory voting at local government elections.
(5)
The number of
enrolled electors for a ward for an election is to be
determined as follows—
(a)
the sum of the following for each ward in the
local government area concerned as at the relevant date is to be
calculated—
(i)
the number of electors on the residential roll
for the ward,
(ii)
the number of electors on the non-residential
roll and the roll of occupiers and ratepaying lessees for the ward who must
vote at the election if the election is contested,
Note—
See section 286 of the Local
Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding
compulsory voting at local government elections.
(b)
the number of enrolled electors for each ward in
that local government area is the highest number calculated under paragraph
(a).
(6)
The general manager of a local council is, on
request, to provide the Electoral Commissioner with the latest copy of the
non-residential roll and of the roll of occupiers and ratepaying lessees for
the purposes of this section.
(7)Electoral Commission to
publish number of enrolled electors for elections
The Electoral Commission must, before the
commencement of the capped local government expenditure period for an election
for a local government area or ward, publish on its website the following
information in relation to the election—
(a)
the number of enrolled electors for the local
government area or ward determined in accordance with this
section,
(b)
the corresponding applicable caps that apply to
the local government area or ward.
(8)Electoral Commission to notify
candidates of number of enrolled electors for elections
The Electoral Commission, as soon as is
reasonably practicable after the later of the following occurs—
(a)
the registration of a person as a candidate on a
Local Government Register of Candidates for an election under Part
7,
(b)
the determination of a number of enrolled
electors at the election for a local government area or ward for which a
person is registered as a candidate,
is to provide the person with the following information
in relation to the election—
(c)
the number of enrolled electors for the local
government area or ward determined in accordance with this
section,
(d)
the corresponding applicable caps that apply to
the local government area or ward.
(9)Regulations may deal with
determinations and redeterminations in certain
circumstances
The regulations may deal with the
following—
(a)
failures by general managers of local councils to
comply with requests for copies of rolls under this
section,
(b)
the redetermination of the number of enrolled
electors for a local government area or ward if the local council concerned
divides its area into wards, abolishes all its wards, changes its number of
wards or alters its ward boundaries,
(c)
the provision of information to the Electoral
Commissioner by general managers of local councils,
(d)
the determination or redetermination of the
number of enrolled electors for a local government area or ward for an
election if the election is delayed or postponed (including, without
limitation, a delay or postponement of an election under section 288 or Part
6A of Chapter 10 of the Local Government Act
1993).
[3]Section 32 Aggregation of
applicable caps—local government election
campaigns
Insert “for a candidate or group of
candidates” after “an elected member” in section
32(1).
[4]Section
32(1)
Insert “for the candidate or group”
after “or elected member” where firstly
occurring.
[5]Section
32(2)
Omit “(other than a member of the group who
is a candidate for mayor)”.
Insert instead “(including a member of the
group who is a candidate for mayor)”.
[6]Section
32(2A)
Insert after section 32(2)—
(2A)
For the avoidance of doubt, for the purposes of
subsection (2), electoral expenditure incurred by a candidate includes
electoral expenditure incurred for the candidate by a party that endorsed the
candidate as referred to in subsection (4).
[7]Section
32(3)
Insert “for a candidate or group of
candidates” after “a local government election
campaign”.
[8]Section
32(3)(a)
Insert “for the candidate or group”
after “the local government election
campaign”.
[9]Section
32(3)(b)
Insert “for the candidate or group”
after “elected member”.
[10]Section
32(4)–(7)
Insert after section 32(3)—
(4)Aggregation of expenditure of
candidates, groups, parties and associated entities
Electoral expenditure incurred by a candidate or
a group of candidates that is of or less than the amount specified in section
31 for the candidate or group is to be treated as expenditure that exceeds the
applicable cap if that expenditure and electoral expenditure for the candidate
or group by a party that endorsed the candidate or group exceed the applicable
cap specified for the candidate or group.
(5)
Electoral expenditure incurred by a party for a
candidate or group of candidates endorsed by the party that is of or less than
the amount specified in section 31 for the party is to be treated as
expenditure that exceeds the applicable cap if that expenditure and electoral
expenditure that is incurred by the candidate or group exceed the applicable
cap specified for the party.
(6)
For the purposes of subsections (4) and (5),
electoral expenditure incurred by a party for an election for a candidate or
group of candidates includes electoral expenditure incurred by the following
persons or bodies for the election for the candidate or group—
(a)
an associated entity of the
party,
(b)
an associated entity of an elected member who is
a member of the party.
(7)
The regulations may make provision for or with
respect to the apportionment of electoral expenditure incurred by a party for
candidates or groups of candidates endorsed by the party among those
candidates or groups for the purposes of this section.
[11]Schedule 2 Savings,
transitional and other provisions
Insert after Part 2 of the Schedule—
Part 3Provision consequent on
enactment of Electoral Funding Amendment (Local
Government Expenditure Caps) Act
2019
19Determination of number of
enrolled electors for purposes of applicable local government expenditure caps
for 2020 elections—section 31A
(1)
For the purposes of the application of Division 4
of Part 3 of this Act, as amended by the Electoral Funding
Amendment (Local Government Expenditure Caps) Act 2019, to
the ordinary elections of councillors and elections of mayors by electors to
be held in September 2020—
(a)
the Electoral Commissioner is to determine the
number of enrolled electors for local government areas and wards under section
31A for those elections as soon as is reasonably practicable after 31 January
2020, and
(b)
the relevant date for the purposes of those
determinations is to be 31 January 2020.
(2)
If—
(a)
after 31 January 2020 and before 1 July 2020 a
council divides its area into wards, abolishes all its wards or changes its
number of wards (a change), and
(b)
approval has been given under clause 277A(2) of
the Local Government (General) Regulation
2005 for the change to apply to the election to be held in
September 2020,
the Electoral Commissioner is, before the capped local
government expenditure period for the elections commences, to redetermine in
accordance with section 31A the number of enrolled electors for the local
government area or wards concerned.
(3)
The relevant date for the purposes of the
redetermination referred to in subclause (2) is to be a date fixed by the
Electoral Commissioner for the area or wards concerned.
Historical
notes
Table of amending
instruments
Electoral Funding
Amendment (Local Government Expenditure Caps) Act 2019 No
18. Assented to 21.11.2019. Date of commencement, assent, sec
2.