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Schedule 1—Amendments

Schedule 1 Amendments

 

Commonwealth Electoral Act 1918

1  Subsection 4(1)

Insert:

foreign person means:

                     (a)  a foreign person within the meaning of the Foreign Acquisitions and Takeovers Act 1975 ; or

                     (b)  any person or other entity, or any person or other entity that meets the conditions, prescribed by the regulations.

2  After section 306

Insert:

306AA  Gifts from foreign sources not to be received

             (1)  It is unlawful for:

                     (a)  a political party; or

                     (b)  a State branch of a political party;

to receive a gift made to or for the benefit of the party or branch if:

                     (c)  the gift is made by a foreign person; and

                     (d)  the amount or value of the gift exceeds $1,000.

             (2)  It is unlawful for:

                     (a)  a candidate; or

                     (b)  a member of a group; or

                     (c)  a person acting on behalf of a candidate or group;

to receive a gift made to or for the benefit of the candidate or the group, as the case may be, if:

                     (c)  the gift is made by a foreign person; and

                     (d)  the amount or value of the gift exceeds $1,000.

             (3)  For the purposes of subsection (2), a person who is a candidate in an election shall be taken to remain a candidate for 30 days after the polling day in the election.

             (4)  For the purposes of subsection (2), persons who constituted a group in an election shall be taken to continue to constitute the same group for 30 days after the polling day for the election.

             (5)  Where a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person 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 against:

                     (a)  in the case of a gift to or for the benefit of a political party or a State branch of a political party:

                              (i)  if the party or branch, as the case may be is a body corporate—the party or branch, as the case may be; or

                             (ii)  in any other case—the agent of the party or branch, as the case may be; or

                     (b)  in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

             (6)  This section does not apply to a gift that is returned within 30 days after its receipt.

             (7)  This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

3  Subsection 315A(1)

Omit “or 306(5)”, substitute “, 306(5) or 306AA(5)”.

4  After paragraph 321A(1)(f)

Insert:

                    (fa)  subsections 306AA(1) and (2);