Electoral (Administration) Amendment Act 2010

Public Act
 
2010 No 26
Date of assent
 
21 May 2010
Commencement
 
see section 2
2 Commencement

(1)

The following provisions come into force on 1 October 2010:

(a)

the provisions in subpart 2 of Part 1:

(b)

the provisions in subpart 2 of Part 2.

(2)

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the Electoral Act 1993.

Part 2 Consequential amendments and transitional provisions

15 Interpretation

In this Part, unless the context requires otherwise,—

existing Chief Electoral Officer means the Chief Electoral Officer appointed under section 18 of the principal Act

existing Electoral Commission means the Electoral Commission established by section 4 of the principal Act

new Electoral Commission means the Electoral Commission established by section 4B of the principal Act as inserted by section 4 of this Act

previous employer, in relation to a transferred employee, means the employer of that employee immediately before 1 October 2010

transferred employee means a person who,—

(a)

immediately before 1 October 2010, was employed by the Ministry of Justice or the existing Electoral Commission; and

(b)

is transferred to the new Electoral Commission under section 20 or 23.

Subpart 1—Provisions coming into force on day after Royal assent

16 New Electoral Commission may perform certain functions before 1 October 2010

Until the close of 30 September 2010, the new Electoral Commission may perform only those functions that are necessary or desirable to bring, or in connection with bringing, the principal Act as amended by this Act into operation.

17 Statement of intent

The existing Electoral Commission is not required to produce a statement of intent for the financial year commencing 1 July 2010.

18 References to Electoral Commission

(1)

Until the close of 30 September 2010, any reference to the Electoral Commission—

(a)

in sections 4B to 4J of the principal Act must be read as a reference to the Electoral Commission established by section 4B of the principal Act; and

(b)

in the following enactments must be read as a reference to both the Electoral Commission established by section 4 of the principal Act and the Electoral Commission established by section 4B of the principal Act:

(i)

Schedule 1 of the Crown Entities Act 2004:

(ii)

Part 2 of Schedule 1 of the Ombudsmen Act 1975:

(iii)

Schedule 4 of the Remuneration Authority Act 1977; and

(c)

in any other enactment must be read as a reference to the Electoral Commission established by section 4 of the principal Act.

(2)

On and from 1 October 2010, any reference to the Electoral Commission in any enactment must be read as a reference to the Electoral Commission established by section 4B of the principal Act.

19 Assets and liabilities of existing Electoral Commission

On 1 October 2010, all assets, records, liabilities, and debts of the existing Electoral Commission vest in the new Electoral Commission.

20 Employees of existing Electoral Commission

(1)

On 1 October 2010, all employees of the existing Electoral Commission are transferred to the new Electoral Commission.

(2)

Subsection (1) does not apply to any employee who does not consent to being transferred.

21 References to Chief Electoral Officer

(1)

Until the close of 30 September 2010, any reference to the Chief Electoral Officer, other than a reference in section 4D of the principal Act, must be read as a reference to the Chief Electoral Officer appointed under section 18 of the principal Act.

(2)

On and from 1 October 2010,—

(a)

the references to the Chief Electoral Officer in sections 28(2)(c) and 33(4) of the principal Act must be read as references to the Chief Electoral Officer appointed under section 4D(1)(a) of the principal Act; and

(b)

any other reference to the Chief Electoral Officer in any enactment must be read as a reference to the Electoral Commission established by section 4B of the principal Act.

22 Assets and liabilities of Chief Electoral Office

(1)

The Secretary for Justice must identify all assets, records, liabilities, and debts of the Ministry of Justice that, immediately before 1 October 2010, are assets, records, liabilities, and debts used or incurred by the Chief Electoral Office of the Ministry of Justice.

(2)

On 1 October 2010, the assets, records, liabilities, and debts identified by the Secretary for Justice under subsection (1) vest in the new Electoral Commission.

23 Employees of Ministry of Justice

(1)

The Secretary for Justice must identify all permanent employees of the Ministry of Justice who, immediately before 1 October 2010, are appointed to positions within the Chief Electoral Office of the Ministry of Justice.

(2)

On 1 October 2010, the employees identified by the Secretary for Justice under subsection (1) are transferred to the new Electoral Commission.

(3)

Subsection (2) does not apply to—

(a)

the existing Chief Electoral Officer; or

(b)

any person appointed as Deputy Chief Electoral Officer under section 19 of the principal Act; or

(c)

any employee who does not consent to being transferred.

24 Terms and conditions of transferred employees

(1)

The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before 1 October 2010.

(2)

Subsection (1)—

(a)

continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new Electoral Commission; but

(b)

does not apply to a transferred employee who receives any subsequent appointment with the new Electoral Commission.

25 Continuity of employment

(1)

Every transferred employee becomes an employee of the new Electoral Commission on 1 October 2010.

(2)

However, for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

(a)

the contract of employment of that employee is deemed to have been unbroken; and

(b)

that employee’s period of service with his or her previous employer, and every other period of service of that employee that is recognised as continuous service by his or her previous employer, is deemed to have been a period of service with the new Electoral Commission.

26 Restriction of compensation for technical redundancy

(1)

An employee of the existing Electoral Commission or the Ministry of Justice is not entitled to receive any payment or other benefit from the existing Electoral Commission or the Ministry of Justice on the ground that his or her position with that employer has ceased to exist if—

(a)

the position ceases to exist as a result of amendments made by this Act; and

(b)

in connection with the transfer of employees under this Act,—

(i)

the transfer of the employee would result in substantially equivalent employment in the new Electoral Commission (whether or not the employee consents to the transfer); or

(ii)

the employee consents to a transfer that will result in other employment in the new Electoral Commission.

(2)

Substantially equivalent employment to the employee’s employment with his or her previous employer is employment in the new Electoral Commission that is—

(a)

in substantially the same position; and

(b)

on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and

(c)

on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the new Electoral Commission.

Subpart 2—Provisions coming into force on 1 October 2010

28 Existing Electoral Commission disestablished

(1)

The existing Electoral Commission is disestablished.

(2)

Any member of the existing Electoral Commission holding office under section 8(1)(a) or (b) of the principal Act (as in force immediately before its repeal by section 7 of this Act) ceases to hold office.

(3)

Any appointment of a member of the existing Electoral Commission made under section 8(1)(c) or (d) of the principal Act (as in force immediately before its repeal by section 7 of this Act) is revoked.

(4)

Any appointment of a deputy of a member of the existing Electoral Commission made under section 11A(2) of the principal Act (as in force immediately before its repeal by section 8 of this Act) is revoked.

29 Appointment of existing Chief Electoral Officer revoked

The appointment of the existing Chief Electoral Officer is revoked.

30 Enforcement of existing rights

(1)

This section applies to—

(a)

any matter or thing commenced under any enactment by the existing Electoral Commission or the existing Chief Electoral Officer and not completed by 1 October 2010; and

(b)

any proceedings commenced by or against the existing Electoral Commission, or by or against the Crown in respect of any act or omission of the existing Chief Electoral Officer, relating to an existing right, interest, title, immunity, or duty and not completed by 1 October 2010.

(2)

Any matter, thing, or proceedings to which this section applies may be continued, completed, or enforced by or against the new Electoral Commission.

31 Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010

(1)

The new Electoral Commission must include in its annual report for the year ending 30 June 2011 the information in respect of the existing Electoral Commission for the period commencing 1 July 2010 and ending on 30 September 2010 that the existing Electoral Commission would have had to include in its annual report under section 151 of the Crown Entities Act 2004 had it continued in existence.

(2)

To avoid doubt, the new Electoral Commission may, if it so decides, present the information referred to in subsection (1) in a combined form for the whole of the financial year ended 30 June 2011.

(3)

For the purposes of subsection (1), section 45J(1) of the Public Finance Act 1989 does not apply to the existing Electoral Commission in respect of the period commencing 1 July 2010 and ending on 30 September 2010.