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Schedule 1—Amendments

Schedule 1 Amendments

   

Commonwealth Electoral Act 1918

1  After Division 4 of Part XX

Insert:

Division 4A Disclosure of receipt of donations

307AA   Interpretation

                   In this Division:

disclosure gift from a person or entity meansa gift from the person or entity that is equal to or more than the disclosure threshold.

disclosure sum from a person or entity means a sum of gifts (other than disclosure 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.

307AB   Disclosure of certain gifts to gift recipients

Returns after receiving disclosure gift or disclosure sum

             (1)  For each disclosure gift received by a gift recipient from a person or entity during a financial year, the recipient’s agent or financial controller must provide a return for the gift in accordance with this section within 7 days of receiving the gift.

             (2)  If a gift recipient receives a disclosure 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 within 7 days after the day:

                     (a)  the recipient receives the gift (a trigger gift ) that makes the sum of gifts received during the financial year a disclosure sum; and

                     (b)  of each subsequent gift (a post-trigger gift ) after the trigger gift the recipient receives from the person or entity during the financial year.

Form of the return

             (3)  The return must:

                     (a)  be in the approved form ; and

                     (b)  in the case of a return required under subsection (1) because of a disclosure gift:

                              (i)  set out the amount or value of the disclosure gift that was received; and

                             (ii)  set out the date on which the disclosure gift was received; and

                     (c)  in the case of a return required under subsection (2) because of a trigger gift:

                              (i)  set out the disclosure sum received; and

                             (ii)  set out the amount or value of each gift that makes up the disclosure sum; and

                            (iii)  set out the date on which each of those gifts was received;

                     (d)  in the case of a return required under subsection (2) 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.

             (4)  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.

Miscellaneous

             (5)  An agent or financial controller of a gift recipient must not contravene subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

                     (a)  60 penalty unit s;

                     (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.

307AC   Disclosure of certain gifts to political campaigners

Returns after use of disclosure gift, disclosure sum or post-disclosure sum gift

             (1)  If a political campaigner has used any part of a disclosure gift from a person or entity for a covered purpose during a financial year, the campaigner’s financial controller must provide a return in accordance with this section within 7 days after the day of that use.

             (2)  If a political campaigner has used any part of a disclosure sum from a person or entity for a covered purpose during a financial year, the campaigner’s financial controller must provide a return in accordance with this section within 7 days after:

                     (a)  if a part of a gift that makes up the sum has been used for a covered purpose before the sum is a disclosure sum—the day the sum became a disclosure sum; or

                     (b)  otherwise—the day after a part of the sum is used for a covered purpose.

             (3)  If:

                     (a)  a political campaigner uses during a financial year a part of a gift (a post-disclosure sum gift ) received from a person or entity for a covered purpose; and

                     (b)  before receiving the post-disclosure sum gift, the campaigner had made a return required under subsection (2) in relation to the use of a disclosure sum from the person or entity for a covered purpose during the financial year;

the campaigner’s financial controller must provide a return in accordance with this section within 7 days after the day the part of the post-disclosure sum gift is used.

Covered purposes

             (4)  The following purposes are covered purposes :

                     (a)  to enable a political campaigner to incur electoral expenditure, or create or communicate electoral matter;

                     (b)  to reimburse a political campaigner for incurring electoral expenditure, or creating or communicating electoral matter.

Form of return

             (5)  The return must:

                     (a)  be in the approved form; and

                     (b)  in the case of a return required under subsection (1):

                              (i)  set out the amount or value of the disclosure gift that was received; and

                             (ii)  set out the date on which the disclosure gift was received; and

                            (iii)  set out how the disclosure gift, in whole or part, was used for a covered purpose; and

                     (c)  in the case of a return required under subsection (2):

                              (i)  set out the disclosure sum received; and

                             (ii)  set out the amount or value of each gift that makes up the disclosure sum; and

                            (iii)  set out the date on which each of those gifts was received; and

                            (iv)  set out how the disclosure sum, in whole or part, was used for a covered purpose; and

                     (d)  in the case of a return required under subsection (3):

                              (i)  set out the amount or value of the post-disclosure sum gift that was received; and

                             (ii)  set out the date on which the post-disclosure sum gift was received; and

                            (iii)  set out how the post-disclosure sum gift, in whole or part, was used for a covered purpose.

             (6)  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.

Miscellaneous

             (7)  A financial controller of a political campaigner must not contravene subsection (1), (2) or (3).

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.

             (8)  Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (7) of this section.

2  Subsection 320(1) (after table item 4)

Insert:

4A

each return provided under Division 4A

as soon as reasonably practicable after receiving the return.