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| | (2) | The register shall be maintained by the Commission in such form as |
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| | they may determine and shall contain, in the case of each such notice, |
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| | all the information contained in the notice as it has effect for the time |
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| | being in accordance with paragraph 18. |
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| | (3) | Where any notice is given to the Commission under paragraph 17 or |
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| | sub-paragraph (5) or (7) of paragraph 18, they shall cause all the |
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| | information contained in the notice, or (as the case may be) any new |
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| | information contained in it, to be entered in the register as soon as is |
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| | |
| | (4) | The information to be entered in the register in respect of any |
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| | individual shall, however, not include the individual’s home address.” |
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| | (2) | In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate |
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| “Paragraph 17(4) of Schedule 7 |
| On summary conviction in England |
| | | | (knowingly giving compliance officer |
| and Wales or Scotland: statutory |
| | | | false information about donations) |
| | | | | | On summary conviction in Northern |
| | | | | Ireland: statutory maximum or 6 |
| | | | | | | | | | On indictment: fine or 1 year.”’. |
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| Page 38, line 21 [Schedule 3], at beginning insert— |
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| | ‘(A1) | In paragraph 1 of Schedule 7 to the 2000 Act (prohibition on accepting |
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| | donations from impermissible donors), at the end of the sub-paragraph (7)(c) |
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| | there is inserted “, or a compliance officer appointed by the holder of a relevant |
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| | elective office to act on his behalf.”’. |
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| new clauses and amendments relating to clauses 4 to 7 |
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| Page 4, line 2 [Clause 5], leave out from ‘3A’ to end and insert ‘Nominated |
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| Page 4, line 3 [Clause 5], leave out from beginning to ‘be’ and insert ‘A |
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| “nominated Commissioner” shall’. |
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| Page 4, line 5 [Clause 5], leave out ‘(a “nominated Commissioner”)’. |
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| Page 4, line 7 [Clause 5], leave out from ‘with’ to ‘at’ in line 8 and insert ‘15 or |
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| Page 4, line 9 [Clause 5], leave out from ‘appointment’ to ‘whose’ in line 13. |
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| Page 4, line 15 [Clause 5], leave out ‘two’ and insert ‘one’. |
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| Page 4, line 17 [Clause 5], leave out ‘persons one of whom’ and insert ‘a person |
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| Page 4, line 19 [Clause 5], at end insert— |
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| | ‘( ) | In subsection (2) a “parliamentarian” means a Member of the European |
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| | Parliament, a Member of the House of Commons, a Member of the Scottish |
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| | Parliament, a Member of the Welsh Assembly or a Member of the Northern |
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| Page 4, line 23 [Clause 5], at end insert— |
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| | ‘( ) | In the case of an appointment of a nominated Commissioner, the reference in |
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| | section 3(2)(c) to being selected is to be read, where appropriate, as a reference |
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| Page 4, line 26 [Clause 5], leave out subsection (7). |
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| Page 4, line 46 [Clause 6], leave out ‘nine or ten’ and insert ‘one or two more than |
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| the number of nominated Commissioners multiplied by two.’. |
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| New clauses and amendments relating to clauses 10 to 12 |
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| | Limitation of pre-candidacy election expenses for certain general elections |
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| To move the following Clause:— |
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| | ‘(1) | In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”), after section |
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| | “76ZA | Limitation of pre-candidacy election expenses for certain general |
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5 | | (1) | This section applies where — |
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| | (a) | a Parliament is not dissolved until after the period of 55 months |
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| | beginning with the day on which that Parliament first met (“the |
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| | (b) | election expenses are incurred by or on behalf of a candidate at |
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10 | | the parliamentary general election which follows the dissolution, |
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| | (c) | the expenses are incurred in respect of a matter which is used |
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| | during the period beginning immediately after the 55-month |
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| | period and ending with the day on which the person becomes a |
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15 | | candidate at that election. |
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| | | For the purposes of this section, section 90ZA(1) has effect with the |
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| | omission of the words “after the date when he becomes a candidate at the |
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| | (2) | Election expenses incurred as mentioned in subsection (1) must not in the |
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20 | | aggregate exceed the permitted amount, which is the relevant percentage |
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| | (a) | for a candidate at an election in a county constituency, £25,000 |
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| | plus 7p for every entry in the register of electors; |
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| | (b) | for a candidate at an election in a borough constituency, £25,000 |
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25 | | plus 5p for every entry in the register of electors. |
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| | (3) | The relevant percentage is— |
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| | (a) | 100% where the dissolution was during the 60th month of the |
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| | (b) | 90% where the dissolution was during its 59th month; |
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30 | | (c) | 80% where the dissolution was during its 58th month; |
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| | (d) | 70% where the dissolution was during its 57th month; |
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| | (e) | 60% where the dissolution was during its 56th month. |
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| | | For the purposes of this subsection, the “56th month” of a Parliament is |
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| | the month beginning immediately after the 55-month period; and so on. |
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35 | | (4) | In subsection (2) above “the register of electors” means the register of |
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| | parliamentary electors for the constituency in question as it has effect on |
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| | the last day for publication of notice of the election. |
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| | (5) | Where election expenses are incurred as mentioned in subsection (1) in |
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| | excess of the permitted amount, any candidate or election agent who— |
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40 | | (a) | incurred, or authorised the incurring of, the election expenses, |
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| | (b) | knew or ought reasonably to have known that the expenses |
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| | would be incurred in excess of that amount, |
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| | | shall be guilty of an illegal practice. |
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45 | | (6) | The candidate’s personal expenses do not count towards the permitted |
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| | (2) | The amendments made by this section do not apply in relation to any expenses— |
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| | (a) | incurred before the commencement of this section, or |
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| | (b) | incurred in respect of any matters used before 1 January 2010.’. |
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| | As Amendments to Secretary Jack Straw’s proposed New Clause (Limitation of pre- |
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| | candidacy election expenses for certain general elections) (NC17):— |
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| Line 6, leave out ‘55’ and insert ‘50’. |
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| Line 8, leave out ‘55’ and insert ‘50’. |
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| Line 13, leave out ‘55’ and insert ‘50’. |
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| | ‘(f) | 50% where the dissolution was during its 55th month; |
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| | (g) | 40% where the dissolution was during the 54th month; |
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| | (h) | 30% where the dissolution was during its 53rd month; |
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| | (i) | 20% where the dissolution was during its 52nd month; |
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| | (j) | 10% where the dissolution was during its 51st month.’. |
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| Page 9, line 15, leave out Clause 11. |
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| Page 9, line 36 [Clause 11], at end insert— |
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| | ‘(6) | No act or statement made before the commencement of this section shall be taken |
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| | into account in deciding whether a person has become a candidate.’. |
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| new clauses and amendments relating to thresholds in relation to |
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| political donations and loans |
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| To move the following Clause:— |
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| | ‘(1) | In section 54 of the 2000 Act, after subsection (1) there is inserted— |
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| | “(1A) | A donation received by a registered party from a permissible donor must |
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| | not be accepted by the party in so far as the amount of that donation and |
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| | of any other donations accepted by the party from that donor during the |
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| | same calendar year exceeds £50,000. |
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| | (1B) | Subsection (1A) does not apply to donations to which subsections (1) and |
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| | (2) of section 55 apply.”. |
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| | (2) | In section 56 of the 2000 Act, after subsection (2) there is inserted— |
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| | “(2A) | If a registered party receives a donation which it is prohibited from |
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| | accepting by virtue of section 54(1A), subsection (2) applies to that |
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| | donation only in so far as the amount of that donation and of any other |
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| | donations accepted by the party from that donor during the same calendar |
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| | |
| | (3) | In subsection 58(1)(a) of the 2000 Act, after “(b)”, there is inserted “or (1A)”’. |
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| | Donations by companies controlled by impermissible donors |
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| To move the following Clause:— |
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| | ‘(1) | A donation from a company controlled by an impermissible donor shall itself |
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| | count as not permissible for the purposes of the 2000 Act. |
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| | (2) | A company shall count as controlled by an impermissible donor when— |
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| | (a) | an impermissible donor, or any combination of impermissible donors, |
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| | owns 75 per cent. or more of the voting shares in the company; |
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| | (b) | an impermissible donor acts as a shadow director of the company; or |
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| | (c) | a majority of the board of directors of the company are impermissible |
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| | |
| | (3) | “Impermissible donor” means— |
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| | (a) | a donor who is not a permissible donor under the 2000 Act; or |
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| | (b) | a company controlled by an impermissible donor. |
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| | (4) | “Shadow director” has the same meaning as it has in section 251 of the |
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| | Treatment of contributions from trade union political funds |
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| To move the following Clause:— |
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| | ‘(1) | The limit on donations established by section [Cap on donations] shall apply to |
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| | all expenditure out of trade union political funds unless all the conditions of this |
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| | section have been fulfilled with regard to the expenditure in question. |
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| | |
| | (a) | the expenditure consists entirely of money contributed directly to the |
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| | funds of a political party; |
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| | (b) | the expenditure consists entirely of an amount paid to a political party on |
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| | the basis of muliplying the number of members who are contributors to |
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| | the union’s political fund, or a proportion of those members (not |
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| | exceeding 100 per cent. for any single party or any combination of |
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| | parties), by a certain sum; |
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| | (c) | the sum referred to in (b) is less than the limit set by section [Cap on |
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| | |
| | (d) | the consent has been obtained either of all the members who are |
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| | contributors to the fund, or, where the basis of the calculation of the sum |
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| | expended is a proportion of those members, of at least the relevant |
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| | proportion of the members, for the expenditure concerned. |
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| | (3) | A member of a union who contributes to the political fund shall be deemed to |
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| | have consented for the purposes of subsection (2) if all the following conditions |
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| | |
| | (a) | the member was afforded during the 12 months preceding the relevant |
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| | expenditure a reasonable opportunity to be exempted from contributing |
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| | to the political fund of the union; |
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| | (b) | the union has, during the 12 months preceding the relevant expenditure, |
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| | made reasonable efforts to acquaint all members who contribute to the |
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| | (i) | the nature of a political fund; |
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| | (ii) | the expenditure made by the union out of the political fund in the |
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| | previous five years, including the identity of any political parties |
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| | to which payments have been made out of the political fund; |
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| | (iii) | the right of members to be exempt from paying contributions to |
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| | (iv) | the nature of any expenditure out of the fund that the union |
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| | intends or reasonably expects to make in the following 12 |
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| | (4) | The Electoral Commission may issue guidelines and model communications |
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| | |
| | (a) | the requirement mentioned in subsection (3)(a); and |
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| | (b) | the conditions mentioned in subsection (3)(b). |
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| | (5) | Compliance with guidelines or use of model communications issued under this |
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| | subsection shall be deemed to be compliance with the relevant aspects of this |
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| | |
| | (6) | No more than one payment under subsection (1) may be made in any one calendar |
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| | year, but the payment may be calculated on an annual basis and paid in |
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