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Australian Electoral Law

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1 Existing parties and parliamentarians have a vested interest in shaping electoral laws in ways that suit themselves. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 Warren Entsch MHR was disqualified for holding an interest in a company that traded with the government. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 This consensus has allowed focus to shift to issues of redistribution practice, such as the timing of redistributions, mechanisms to project changing enrolment patterns, and the balancing of criteria such as community of interest and geographical contiguity with the now computer-managed task of drawing physical boundaries. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
4 Rather, at root it is a question of how computerization can address and, ideally, enhance public trust and interest in elections. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
5 Primaries are unknown in Australia—though they have a few proponents amongst those who think they could re-vivify public interest and involvement, and break the stranglehold that party apparatchiks tend to have on candidate choice, especially for the lower houses of the various parliaments. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
6 Citizen-initiated referenda do not exist in Australia (except in the tiny offshore territory of Norfolk Island).95 In any event, unlike the United States, citizen interest in politics is less a process of a vibrant civic society driven by thousands of private associations. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
7 One strand remains, of course, the ongoing interest in comparative law. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
8 or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan— (I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors; (II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and (III) shall bear the usual and customary interest rate of the lending institution; (viii) any legal or accounting services rendered to or on behalf of— (I) any political committee of a political party if the person paying for such services is the regular employer of the person rendering such services and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) an authorized committee of a candidate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer reported in accordance with section 30104(b) of this title by the committee receiving such services; (ix) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— (1) such payments are not for the cost of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; (x) the payment by a candidate, for nomination or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign materials which include information on or reference to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising): Provided, That such payments are made from contributions subject to the limitations and prohibitions of this Act; (xi) the payment by a State or local committee of a political party of the costs of voter registration and get-out-thevote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; (xii) payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition of ballot access; (xiii) any honorarium (within the meaning of section 441i of this title); and (xiv) any loan of money derived from an advance on a candidate’s brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, if such a loan is made in accordance with applicable law and under commercially reasonable terms and if the person making such loan makes loans derived from an advance on the candidate’s brokerage account, credit card, home equity line of credit, or other line of credit in the normal course of the person’s business. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
9 Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
10 Section 44 [Exclusion from Eligibility] (1) Any person who (i) Is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or (ii) Is attained of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or (iii) Is an undischarged bankrupt or insolvent; or (iv) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or (v) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty five persons: shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
11 Section 85 [Transfer of Property] When any department of the public service of a State is transferred to the Commonwealth (i) All property of the State of any kind, used exclusively in connection with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor General in Council may declare to be necessary: (ii) The Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in connection with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the establishment of the Commonwealth: (iii) The Commonwealth shall compensate the State for the value of any property passing to the Commonwealth under this section; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the Parliament: (iv) The Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
12 (2) The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
13 Section 105 [Consolidation of State Debts] The Parliament may take over from the States their public debts, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
14 Section 105a [Consolidation Agreements] (1) The Commonwealth may make agreements with the States with respect to the public debts of the States including: (a) the taking over of such debts by the Commonwealth; (b) the management of such debts; (c) the payment of interest and the provision and management of sinking funds in respect of such debts; (d) the consolidation, renewal, conversion, and redemption of such debts; (e) the indemnification of the Commonwealth by the States in respect of debts taken over by the Commonwealth; and (f) the borrowing of money by the States or by the Commonwealth or by the Commonwealth for the States. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
15 (2) An arrested person has the right to: - consult a solicitor; - ask the police to notify a relative or other named person likely to take an interest in his or her welfare; and - consult the code of practice regarding treatment in police custody. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
16 Fair comment on matters of public interest may be a defence. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
17 There is a defence against an obscenity charge on the grounds that the performance is for the public good in the interest of drama, opera or literature. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
18 (3) Members with a financial interest in a debate in the House must declare it when speaking. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
19 To act as a disqualification from voting the interest must be direct, immediate and personal. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
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