The ACT Assembly has moved a step closer to 25 members, setting up a select committee to comb through the changes needed. The committee will also look at whether Canberrans who fail to vote should be hit with a bigger fine. And it will consider closing a loophole on anonymous gifts to political parties.
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To date, the fine for failing to vote without good reason has been just $20. Given the record low turnout at the last ACT election, ACT Electoral Commissioner Phillip Green has suggested a bigger penalty. The fine for failing to vote at a federal election is $20, but in most states it is higher - $55 in NSW to a high of $70 in the Northern Territory.
In a report on the election, Mr Green said 19,100 letters were sent to people who failed to vote in 2012. Reminders were sent to 9780 who failed to reply and a third notice was sent by registered mail to 5080 voters who still failed to reply, warning of possible prosecution. In the end, 4250 people paid the $20 penalty, and 1047 people were summonsed to appear in the Magistrates Court; 650 of those were eventually withdrawn, the rest left in the hands of the courts.
''For some electors, it may be that the $20 penalty is not a sufficient incentive to encourage them to vote,'' Mr Green said.
The three-member group, chaired by Labor backbencher Mick Gentleman and including Alistair Coe (Liberal) and Shane Rattenbury (Greens), will consider Mr Green's recommendation for a bigger penalty.
It will also call for submissions on the implications of the planned boost in the size of the Assembly from 17 parliamentarians to 25, which will require a complete redrawing of the city's electorate boundaries.
And it will consider how much money candidates should be allowed to spend on election campaigns. Spending is capped at $60,000 for each candidate - which means the extra eight seats could allow the big parties to spend up to $1.5 million each, unless the cap is changed.
The bigger Assembly means the ministers will probably have to be moved to new offices - either together in a nearby office or spread out among their departments.
The select committee will consider Mr Green's recommendations, including a bigger fine for people who fail to vote. Mr Green has also recommended a new cap on anonymous donations, which can fall between the cracks under existing rules. At the moment, one rule covers anonymous gifts of up to $250 (which must total no more than $25,000 a year), and another rule covers anonymous gifts of up to $1000, which is the limit.
Mr Green points out that the two limits are inconsistent and recommends one should be chosen. Parties are not required to report on how many anonymous donations they receive, although their accounts are audited.
The select committee will also consider whether Canberra's laws on campaign finance are unconstitutional, after a High Court decision in NSW.
Both jurisdictions banned organisations, such as unions and businesses, from donating to election coffers, saying donations could only come from individuals. The ACT only made the law in 2012, but already in NSW the High Court has declared it at odds with the constitution.
Attorney-General Simon Corbell has sought advice from the ACT solicitor-general on the High Court ruling. He would not release the advice but said he would make a submission to the Assembly committee on the subject.