Election Funding Amendment Act 2002 No 101



An Act to amend the Election Funding Act 1981 and the Election Funding Regulation 1999 with respect to the payment of public funding for candidates endorsed by a political party.
1   Name of Act
This Act is the Election Funding Amendment Act 2002.
2   Commencement
This Act commences on the date of assent.
The Election Funding Act 1981 is amended as set out in Schedule 1.
The Election Funding Regulation 1999 is amended as set out in Schedule 2.
Schedule 1 Amendment of Election Funding Act 1981
(Section 3)
[1]   Section 68 Maximum amounts payable
Insert after section 68 (2):
  
(3)  Subsection (1) applies to a payment to a candidate even though the candidate has directed that the payment be made to a party under section 76A.
[2]   Section 69 Entitlements to advance payments
Insert after section 69 (2):
  
(3)  For the purposes of subsection (2), the total amount to which a party was entitled under this Part does not include any amount payable to the party under section 76A.
[3]   Section 76A
Insert after section 76:
  
76A   Making of payments to party at the direction of candidate
(1)  A candidate to whom a payment is to be made under this Part for an election for an electoral district may direct the Authority to make the payment to a party that:
(a)  endorsed the candidate in that election, and
(b)  was a registered party as at the polling day for that election.
(2)  In that case, the party becomes entitled to the payment and the payment is to be made to that party instead of to that candidate.
(3)  A direction under this section:
(a)  may be made in anticipation of an entitlement to a payment under this Part, and
(b)  is required to be made in writing, and
(c)  may be revoked by the candidate by notice to the Authority given with the written consent of the registered agent of the party.
[4]   Section 77A Prepayment on lodgment of claims
Insert after section 77A (2):
  
(2A)  For the purposes of subsection (2), the total amount estimated by the Authority to be payable to a party does not include any amount payable to the party under section 76A.
Schedule 2 Amendment of Election Funding Regulation 1999
(Section 4)
Clause 7 Part 5 payments generally
Insert after clause 7 (2):
  
(3)  Subclause (2) does not apply to a payment referred to in section 76A of the Act.