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Australian Electoral Law

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1 In fact, the implied freedom of political communication has had more impact on the law of defamation than the law of elections.14 The precedent in ACTVhas not been successfully applied in any electoral law case. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 (2) For the purposes of the law of defamation the publication by the Speaker’s Committee of any evidence given by a person who is a witness before the Speaker’s Committee is absolutely privileged.” Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee (1) In section 2 of PPERA (Speaker’s Committee), after subsection (2) insert— “(2A) The functions of the Secretary of State for Levelling Up, Housing and Communities under subsection (2)(b) are exercisable concurrently with any Member of the House of Commons who— (a) is a Minister of the Crown, and (b) is appointed to membership of the Committee by the Prime Minister in order to carry out those functions concurrently with the Secretary of State for Levelling Up, Housing and Communities.” (2) In paragraph 2 of Schedule 2 to PPERA (the Speaker’s Committee: term of office), after sub-paragraph (1) insert— “(1A) The reference in sub-paragraph (1)(c) to the member who is the Secretary of State for Levelling Up, Housing and Communities does not include any member appointed under section 2(2A).” (3) The following are revoked— (a) the Transfer of Functions (Speaker’s Committee) Order 2021 (S.I. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. Great Britain Electoral Law
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