Supplementary Order Paper No 80

No 80

House of Representatives

Supplementary Order Paper

Tuesday, 14 August 2018

Electoral (Integrity) Amendment Bill

Proposed amendment

Ian McKelvie, in Committee, to move the following amendment:

Clause 5

Replace clause 5 (page 2, line 5 to page 4, line 16) with:

5 New sections 55AAB to 55C inserted

After section 55AA, insert:

55AAB Purpose of sections 55A to 55C

The purpose of sections 55A to 55C is to—

(a)

enhance public confidence in the integrity of the electoral system; and

(b)

enhance the maintenance of the proportionality of political party representation in Parliament as determined by electors.

55A Member of Parliament ceasing to be parliamentary member of political party

(1)

This section applies to every member of Parliament, except a member elected as an independent.

(2)

The seat of a member of Parliament to whom this section applies becomes vacant if the member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected.

(3)

For the purposes of subsection (2), a member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected only if the member of Parliament delivers to the Speaker a written notice that complies with section 55B.

55B Notice from member of Parliament

A written notice under section 55A(3) must—

(a)

be signed by the member of Parliament by whom it is given; and

(b)

be addressed to the Speaker; and

(c)

notify the Speaker that the member of Parliament—

(i)

has resigned from the parliamentary membership of the political party for which the member of Parliament was elected; or

(ii)

wishes to be recognised for parliamentary purposes as either an independent member of Parliament or a member of another political party.

55C Definitions

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

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.

Explanatory note

This Supplementary Order Paper amends the Electoral (Integrity) Amendment Bill, amending clause 5 to delete the ability for a party leader to expel an MP, and only have the provision applying to an MP who resigns or wishes to become an independent or represent another political party.