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Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012

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7344

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012

 

 

(1)           Page 29 (after line 25), at the end of the Bill, add:

Schedule 4 Disclosure of certain gifts

   

Commonwealth Electoral Act 1918

1  After section 304

Insert:

304A   Disclosure of certain gifts

Person must disclose certain gifts

             (1)  A person must give a return to the Electoral Commission, in the approved form, if:

                     (a)  the person is:

                              (i)  a candidate; or

                             (ii)  a member of the House of Representatives; or

                            (iii)  a member of the Senate; and

                     (b)  the person receives one or more gifts from a donor during a financial year; and

                     (c)  the total amount or value of the gift was, or the total amount or value of the gifts were:

                              (i)  equal to or more than the amount prescribed for the purposes of this paragraph; or

                             (ii)  if no amount is prescribed—more than $10,000.

Registered political party must disclose certain gifts

             (2)  A registered political party or a State branch of a registered political party must give a return to the Electoral Commission, in the approved form, if:

                     (a)  the party or branch receives one or more gifts from a donor during a financial year; and

                     (b)  the total amount or value of the gift was, or the total amount or value of the gifts were:

                              (i)  equal to or more than the amount prescribed for the purposes of this paragraph; or

                             (ii)  if no amount is prescribed—more than $10,000.

Return to be provided within 24 hours or 30 days

             (3)  The return must be given to the Electoral Commission:

                     (a)  for a gift or gifts received during an election period—within 24 hours of the time that the person receives the gift or gifts; or

                     (b)  for a gift or gifts received at any other time—within 30 days of the time that the person receives the gift or gifts.

Contents of return

             (4)  The following information must be given to the Electoral Commission, in the approved form:

                     (a)  the name of the person, corporation or other entity, that provided the gift or gifts;

                     (b)  the name of the candidate, or the name of the member of the House of Representatives or Senate, that received the gift or gifts, as the case may be;

                     (c)  if the candidate, or the member of the House of Representatives or Senate, is a member of a registered political party—the name of that party;

                     (d)  the date that the gift was received, or the date (or dates) that the gifts were received;

                     (e)  any such other information prescribed by regulations for the purposes of this paragraph.

Electoral Commission must publish information

             (5)  The Electoral Commission must publish a return provided under subsections (1) or (2) on the Electoral Commission’s website:

                     (a)  for a gift or gifts received during an election period—within 24 hours of the time that the return is given to the Electoral Commission; or

                     (b)  for a gift or gifts received at any other time—within 1 week of the time that the return is given to the Electoral Commission.

304B   Offence of failing to disclose certain gifts

             (1)  It is an offence if:

                     (a)  a person, a registered political party or a State branch of a registered political party is required to give a return to the Electoral Commission under section 304A; and

                     (b)  the person, registered political party or State branch of a registered political party fails to give the return to the Electoral Commission within the period specified in subsection 304A(3).

             (2)  Where a person, registered political party or a State branch of a registered political party commits an offence under this section, an amount equal to the amount or value of the gift or gifts is payable to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.

2  Subsection 307(1)

Omit “Where no details”, substitute “Subject to subsection (3), where no details”.

3  Subsection 307(2)

Omit “Where no details”, substitute “Subject to subsection (3), where no details”.

4  At the end of Division 4 of Part XX

Add:

             (3)  Subsections (1) and (2) do not apply to a return that would otherwise be required to be given to the Electoral Commission under subsections 304A(1) or (2).

[disclosure of donations]