Electoral Amendment Act 2002

46 New section 127A inserted
  • The principal Act is amended by inserting, after section 127, the following section:

    127A Deposit by party secretary
    • (1) If a secretary of a political party submits a list under section 127, he or she must lodge with the Chief Electoral Officer, no later than noon on nomination day, a deposit of $1,000 (inclusive of goods and services tax).

      (2) The deposit must be in the form of a bank draft or bank cheque.

      (3) The deposit is forfeit and must be paid into the Crown Bank Account if the party neither—

      • (a) receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor

      • (b) wins a constituency seat.

      (4) In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received—

      • (a) a duly completed return under section 214C in respect of that party; and

      • (b) the auditor's report under section 214E that relates to that return.

      (5) For the purposes of subsection (3)(b), a party wins a constituency seat if—

      • (a) a constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of Parliament; or

      • (b) a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Chief Electoral Officer under any of the provisions of sections 127(3A) and 128A, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of Parliament.