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s 220

Elected non‑party members opting in to receive higher reimbursement amount for next election after amount change day

In force
Part 9Transitional provisions
Division 2Transitional provisions for Electoral Amendment (Finance and Other Matters) Act
Subdivision 1Transitional provisions commencing on day after Royal Assent of Electoral Amendment (Finance and Other Matters) Act

220 Elected non‑party members opting in to receive higher reimbursement amount for next election after amount change day

(1)

In this section —

elected non‑party member means a member of the Council or the Assembly who is not a member of a registered political party;

pre‑commencement elected non‑party member means a person who, immediately before commencement day, is an elected non‑party member.

(2)

Despite section 175LCA, a non‑party opt‑in request cannot be lodged under section 175LCA(1) or (3) in relation to —

(a)

a person who is a pre‑commencement elected non‑party member for the next post‑change election at which the person is a candidate; or

(b)

a member (a relevant member) of the Council or the Assembly who becomes an elected non‑party member other than by being elected during the period beginning on commencement day and ending on the amount change day.

(3)

A person who is a pre‑commencement elected non‑party member may, within the lodgment period, lodge a request in writing to the Electoral Commissioner to receive the higher reimbursement amount under amended Part 6 Division 2A for the next post‑change election at which the person is a non‑party candidate.

(4)

A person who is a relevant member may, within 28 days after the day on which they become an elected non‑party member, lodge a request in writing to the Electoral Commissioner to receive the higher reimbursement amount under amended Part 6 Division 2A for the next post‑change election at which the person is a non‑party candidate.

(5)

An elected non‑party member who lodges a request under subsection (3) or (4) may, in writing, withdraw the request before the amount change day.

(6)

The request withdrawn under subsection (5) is taken, for the purposes of section 175LCA(3), to be a non‑party opt‑in request withdrawn under section 175LCA(2) for the post‑change election for which it was lodged.

(7)

A request lodged under subsection (3) or (4) that is not withdrawn under subsection (5) before the amount change day is taken to be, on and from that day, a non‑party opt‑in request lodged under section 175LCA(1) for the post‑change election for which it was lodged.

[Section 220 inserted: No. 30 of 2023 s. 179.]

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