Supplementary Order Paper No 68

No 68

House of Representatives

Supplementary Order Paper

Wednesday, 8 August 2018

Electoral (Integrity) Amendment Bill

Proposed amendments

Hon Amy Adams, in Committee, to move the following amendments:

Clause 5

In clause 5, replace section 55D(a) (page 3, lines 10 to 13) with:

(a)

state that the parliamentary leader reasonably believes that the member of Parliament concerned has acted in a way that has significantly distorted, and is likely to continue to significantly distort, the proportionality of political party representation in Parliament as determined at the last general election; and

In clause 5, replace section 55E (page 4, lines 1 to 16) with:

55E Definitions

For the purposes of sections 55A to 55D, unless the context otherwise requires,—

parliamentary leader, in relation to a political party, means—

(a)

the member of Parliament recognised for the time being as the parliamentary leader of the political party by the majority of parliamentary members of that party; or

(b)

the member of Parliament for the time being acting as the parliamentary leader of that party

political party for which the member of Parliament was elected means,—

(a)

in the case of a member elected to represent an electoral district, the political party that nominated the member as a constituency candidate; and

(b)

in the case of a member of Parliament elected from a party list submitted under section 127, or declared to be elected under section 137(4) to supply a vacancy, the political party on whose list the member’s name appeared

significantly distorted, and is likely to continue to significantly distort, the proportionality of political party representation means when a member—

(a)

communicates to the Speaker they have resigned from the party for which they were elected; or

(b)

expresses an intention to withdraw their party vote from the control of whips of the party for which they were elected on a matter of confidence or supply; or

(c)

casts or expresses an intention to cast a personal vote against the party for which they were elected on a matter of confidence or supply if a request to do so is granted by the Speaker.

Explanatory note

This Supplementary Order Paper amends the Electoral (Integrity) Amendment Bill. It amends clause 5 to add the word “significantly” before “distort” and “distorted” in new section 55D(a). Section 55E defines “parliamentary leader” and “political party for which the member of Parliament was elected” but it does not define distortion of proportionality of political party representation. A further definition in section 55E would narrow and clarify the conditions under which these provisions might come into force as “significantly distorting proportionality”.