Electoral Amendment Act 2009

Public Act
 
2009 No 1
Date of assent
 
24 February 2009
Commencement
 
see section 2
1 Title
2 Commencement

This Act comes into force on 1 March 2009.

3 Principal Act amended

This Act amends the Electoral Act 1993.

Part 2 Repeal, consequential amendments, and transitional and savings provisions

Subpart 2—Transitional and savings provisions

17 Continuation of obligations and rights arising from election expenses in respect of 2008 general election

(1)

This section applies where, in respect of the 2008 general election, a person would, but for the repeal of the Electoral Finance Act 2007 by section 15 of this Act,—

(a)

be subject to a duty, liability, or restriction under any of the following provisions of the Electoral Finance Act 2007:

(i)

sections 82 and 85 to 92 (which relate to candidates’ election expenses):

(ii)

sections 102 and 105 to 112 (which relate to parties’ election expenses):

(iii)

sections 123 and 126 to 133 (which relate to third parties’ election expenses); or

(b)

be entitled to seek relief under sections 83, 84, 103, 104, 124, and 125 of the Electoral Finance Act 2007 (which provide for the commencement of proceedings in respect of unpaid election expenses); or

(c)

be entitled to inspect a copy of a return under sections 92, 112, and 133 of the Electoral Finance Act 2007 (which provide for the publication and inspection of returns of election expenses filed for candidates, parties, and third parties).

(2)

The duty, liability, restriction, or entitlement must be complied with or recognised, as the case may be, and for that purpose the Electoral Finance Act 2007 continues in force as if it had not been repealed.

(3)

This section has effect despite section 15 of this Act.

18 Continuation of obligations and rights arising under the Electoral Finance Act 2007 in respect of donations

(1)

This section applies where, in respect of a candidate donation, party donation, or third party donation made before the commencement of this Act, a person would, but for the repeal of the Electoral Finance Act 2007 by section 15 of this Act,—

(a)

be subject to a duty or liability under any of the following provisions of the Electoral Finance Act 2007:

(i)

sections 23 to 36 (which are general provisions relating to donations):

(ii)

sections 38 to 44 (which relate to donations protected from disclosure):

(iii)

sections 45 to 50 (which relate to the disclosure of candidate donations):

(iv)

sections 51 to 57 (which relate to the disclosure of party donations):

(v)

sections 58 to 62 (which relate to the disclosure of third party donations); or

(b)

be entitled to have a donation returned under either of the following provisions of the Electoral Finance Act 2007:

(i)

section 32 (which relates to the return of an overseas donation):

(ii)

section 41 (which relates to the return of a donation protected from disclosure); or

(c)

be entitled to inspect a copy of a return under sections 50, 57, and 62 of the Electoral Finance Act 2007 (which provide for the publication and inspection of returns of donations filed for candidates, parties, and third parties).

(2)

The duty, liability, or entitlement must be complied with or recognised, as the case may be, and for that purpose the Electoral Finance Act 2007 continues in force as if it had not been repealed.

(3)

This section has effect despite section 15 of this Act.

19 Annual return of party donations for year ending 31 December 2008

(1)

A party secretary is not required by section 210 of the principal Act to file by 30 April 2009 an annual return of party donations for the year ending 31 December 2008.

(2)

Subsection (1) does not affect the obligations arising under section 51 of the Electoral Finance Act 2007 as continued by section 18 of this Act.

20 Annual return of party donations for year ending 31 December 2009

(1)

A return of party donations filed by a party secretary under section 210 of the principal Act for the year ending 31 December 2009 must include in the details required by that section any party donation that—

(a)

was received by the party financial agent during the period beginning on 1 January 2009 and ending on 28 February 2009; and

(b)

would otherwise have been required to be included in a return under section 51 of the Electoral Finance Act 2007 as continued by section 18 of this Act.

(2)

Despite section 18 of this Act, a party financial agent is not required to file by 30 April 2010 an annual return of party donations under section 51 of the Electoral Finance Act 2007 for the year ending 31 December 2009.

(3)

In this section, party financial agent means the financial agent of a party appointed under section 7 of the Electoral Finance Act 2007.

21 Transitional provision relating to section 210C of principal Act

Until 1 March 2010, section 210C(3) of the principal Act must be read as if the reference to subsection (2) of that section was a reference to subsection (2) of that section or section 54(2) of the Electoral Finance Act 2007.

22 Saving of section 19 of Interpretation Act 1999

Sections 17 and 18 of this Act do not limit section 19 of the Interpretation Act 1999 (which enables the investigation and prosecution of offences committed under the Electoral Finance Act 2007 before it was repealed).

24 Expiry of section 23

Section 23 expires on the close of 1 March 2011 and on the close of that date is repealed.