Bill home page
Download Word
Download PDF
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Electoral Legislation Amendment (Annual Disclosure Equality) Bill 2021
(Dr Haines)
(1) Clause 2, page 2 (table item 1), omit the table item, substitute:
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
|
|
2. Schedule 1, Parts 1 to 3 |
The day after this Act receives the Royal Assent. |
|
[receipt of donations; local expenses]
(2) Clause 2, page 2 (at the end of the table), add:
|
3. Schedule 1, Part 4 |
The first 1 July to occur after the day this Act receives the Royal Assent. |
|
[receipt of donations]
(3) Clause 2, page 2 (at the end of the table), add:
|
4. Schedule 1, Part 5 |
The first 1 July to occur after the day this Act receives the Royal Assent. |
|
[local expenses]
(4) Schedule 1, page 19 (after line 26), at the end of the Schedule, add:
Part 4—Disclosure of receipt of donations
Commonwealth Electoral Act 1918
53 After Division 4 of Part XX
Insert:
Division 4A—Disclosure of receipt of donations
In this Division:
$1,000-exceeding sum from a person or entity means a sum of gifts received from the person or entity that is equal to or more than $1,000.
disclosure threshold-exceeding sum from a person or entity means a sum of gifts received from the person or entity that is equal to or more than the disclosure threshold.
gift recipient means any of the following:
(a) a registered political party;
(b) a State branch of a registered political party;
(c) a candidate (including a member of a group) in an election or a by-election;
(d) a group;
(e) an associated entity.
quarter means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.
307AB Real-time disclosure of disclosure threshold-exceeding gifts
(1) If a gift recipient receives a disclosure threshold-exceeding sum from a person or entity during a financial year, the recipient’s agent or financial controller must provide a return in accordance with this section:
(a) within 5 business days after the day the recipient receives the gift (a trigger gift ) that makes the sum of gifts received during the financial year a disclosure threshold-exceeding sum; and
(b) within 5 business days after the day of each subsequent gift (a post-trigger gift ) after the trigger gift the recipient receives from the person or entity during the financial year.
Note: For the purposes of paragraph (a), it does not matter whether the trigger gift is itself equal to or more than the disclosure threshold.
(2) The return must:
(a) be in the approved form; and
(b) in the case of a return required under paragraph (1)(a) because of a trigger gift:
(i) set out the disclosure threshold-exceeding sum received; and
(ii) set out the amount or value of each gift that makes up the disclosure threshold-exceeding sum; and
(iii) set out the date on which each of those gifts was received;
(c) in the case of a return required under paragraph (1)(b) because of a post-trigger gift:
(i) set out the amount or value of the post-trigger gift that was received; and
(ii) set out the date on which the post-trigger gift was received.
(3) The return must set out:
(a) if the person or entity was an unincorporated association, other than a registered industrial organisation:
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association; or
(b) if the gift or gifts from the person or entity was paid out of a trust fund or paid out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund or of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires; or
(c) in any other case—the name and address of the person or entity.
(4) An agent or financial controller of a gift recipient must not contravene subsection (1).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (4) of this section.
307AC Quarterly disclosure of $1,000-exceeding gifts
(1) If a gift recipient receives a $1,000-exceeding sum from a person or entity during a quarter, the recipient’s agent or financial controller must provide a return in accordance with this section within 5 business days after the end of the quarter.
(2) The return must:
(a) be in the approved form; and
(b) set out the sum of the gifts that the gift recipient receives from the person or entity during the quarter; and
(c) for each of those gifts:
(i) set out the amount or value of the gift; and
(ii) set out the date on which the gift was received.
(3) The return must set out:
(a) if the person or entity was an unincorporated association, other than a registered industrial organisation:
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association; or
(b) if the gift or gifts from the person or entity was paid out of a trust fund or paid out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund or of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires; or
(c) in any other case—the name and address of the person or entity.
(4) Subsection (1) does not apply if the gift recipient receives a disclosure threshold-exceeding sum from the person or entity during the period:
(a) starting at the start of the financial year in which the quarter occurs; and
(b) ending at the end of the quarter.
(5) An agent or financial controller of a gift recipient must not contravene subsection (1).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.
54 Subsection 320(1) (after table item 4)
Insert:
|
4A |
each return provided under Division 4A |
as soon as reasonably practicable after receiving the return. |
[disclosure of receipt of donations]
(5) Schedule 1, page 19 (after line 26), at the end of the Schedule, add:
Part 5—Disclosure of local expenses
Commonwealth Electoral Act 1918
55 Section 307(1)
Repeal the subsection, substitute:
(1) If no details are required to be included in a return under this Division in respect of a candidate, the return must nevertheless be lodged and must include:
(a) a statement to the effect that no gifts of a kind required to be disclosed were received; and
(b) if the candidate is:
(i) a candidate in an election of a member of the House of Representatives for a Division; and
(ii) endorsed by a registered political party in that election;
a statement of the amount of electoral expenditure incurred during the period to which the return relates by or with the authority of the registered political party (or by an associated entity connected with the party) specifically in respect of the House of Representatives election for that Division; and
(c) if the candidate is:
(i) a candidate in an election of Senators for a State or Territory; and
(ii) endorsed by a registered political party in that election;
a statement of the amount of electoral expenditure incurred during the period to which the return relates by or with the authority of the registered political party (or by an associated entity connected with the party) specifically in respect of the Senate election for that State or Territory.
[local expenses]