COMMONWEALTH ELECTORAL AMENDMENT (POLITICAL DONATIONS AND OTHER MEASURES) BILL 2009

i Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nt of the Commonwealth Electoral Act

1918

Part 1--Amendments

Commonwealth Electoral Act 1918

Part 2--Application and saving provisions

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 1

A Bill for an Act to amend the Commonwealth

Electoral Act 1918, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Commonwealth Electoral Amendment

(Political Donations and Other Measures) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1

1 Ju ly 2009.

1 Ju ly 2009

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 3

Schedule 1

Amendment of the

Commonwealth Electoral Act 1918

Part 1

Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

related: a political party is related to another political party if:

(a) one of the parties is part of the other party; or

(b) both parties are parts of the same political party.

2 Subsection 4(1)

Insert:

reporting period means:

(a) the first 6 months of a financial year; or

(b) a full financial year.

3 Subsection 17A(1)

Omit all the words after "compliance with a notice under subsection

316(2A),", substitute "unless, in the opinion of the Electoral

Commission, the information relates to an offence that has, or may have

been, committed against section 315".

4 Subsection 123(2)

Repeal the subsection.

5 Subsection 287(1)

Insert:

electoral expenditure, in relation to an election, means:

(a) expenditure incurred (whether or not incurred during the

election period) on:

(i) the broadcasting, during the election period, of an

advertisement relating to the election; or

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

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2009 No. , 2009

(ii) the publishing in a journal, during the election period, of

an advertisement relating to the election; or

(iii) the display, during the election period, at a theatre or

other place of entertainment, of an advertisement

relating to the election; or

(iv) the production of an advertisement relating to the

election, being an advertisement that is broadcast,

published or displayed as mentioned in

subparagraph (i), (ii) or (iii); or

(v) the production of any material (not being material

referred to in subparagraph (i), (ii) or (iii)) that is

required under section 328 or 328A to include the name

and address of the author of the material or of the

person authorising the material and that is used during

the election period; or

(vi) the production and distribution of electoral matter that is

addressed to particular persons or organisations and is

distributed during the election period; or

(vii) the carrying out, during the election period, of an

opinion poll, or other research, relating to the election;

and

(b) expenditure incurred during the election period on:

(i) the rent of any house, building or premises used for the

primary purpose of conducting an election campaign; or

(ii) paying additional staff employed, or a person

contracted, for the primary purpose of conducting an

election campaign; or

(iii) office equipment purchased (including by way of

hire-purchase), leased or hired for the primary purpose

of conducting an election campaign; or

(iv) the costs of running and maintaining that office

equipment; and

(i) travel; or

(ii) travel and accommodation in connection with the travel;

to the extent that the expenditure could reasonably be

expected to have been incurred for the primary purpose of

conducting an election campaign.

However, expenditure is not electoral expenditure if:

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

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(d) a member of either House of the Parliament incurs

expenditure of a kind mentioned in paragraph (a), (b) or (c)

of this definition; and

(e) the expenditure has been, or will be, met by allowances

(other than those relating to remuneration), entitlements or

benefits received by the member in his or her capacity as a

member.

6 Subsection 287(1) (definition of eligible vote)

Repeal the definition.

7 Subsection 287(1) (definition of entitlement)

Repeal the definition.

8 Subsection 287(1)

Insert:

general public activity: see subsection 306AF(3).

9 Subsection 287(1)

Insert:

group vote, in relation to a group of candidates in a Senate

election, means a first preference vote:

(a) given in the election for any candidate who is a member of

the group; and

(b) counted for the purposes of section 273.

10 Subsection 287(1)

Insert:

office equipment means:

(a) telephones, faxes, computers, personal digital assistants,

personal organisers and other equipment used, or that can be

used, for the purpose of communication; and

(b) photocopiers, printers, and other things used in aid of the

equipment mentioned in paragraph (a).

11 Subsection 287(1)

Insert:

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permitted anonymous gift: see section 306AF.

12 Subsection 287(1)

Insert:

private event: see subsection 306AF(6).

13 Subsection 287(1)

Insert:

single claim means a claim:

(a) by registered political parties that are related to each other;

and

(b) for electoral expenditure that covers:

(i) the federal branch of the registered political party; and

(ii) one or more State branches of the registered political

party.

14 Subsection 287(2)

Repeal the subsection, substitute:

(2) If this Part requires something to be lodged, given or furnished to

the Electoral Commission, the thing is taken to be so lodged, given

or furnished if it is lodged at the principal office of the Electoral

Commission in Canberra.

15 Subsection 287(4)

After "an election", insert "or a reference in section 305B".

16 After subsection 287(4A)

Insert:

(4B) For the purposes of this Part, electoral expenditure incurred by or

with the authority of a division of a State branch of a political party

is treated as being incurred by that State branch.

17 After subsection 287(6)

Insert:

(6A) Subsection (6) does not apply in relation to a political party that is

a body corporate.

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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No. , 2009 7

18 Subsection 287A(1)

After "Divisions 4,", insert "4A,".

19 At the end of Division 1 of Part XX

Add:

287C Commonwealth may not recover the amount of a gift twice

Despite anything in this Part, if the Commonwealth has recovered

the amount or value of a gift as a debt due to the Commonwealth

under a provision of this Part, the Commonwealth may not recover

the amount or value of that gift as a debt due to the Commonwealth

under another provision of this Part.

20 Paragraph 292B(a)

After "Division 4,", insert "4A,".

21 Sections 294 and 297

Repeal the sections, substitute:

Subdivision A--Entitlement to election funding

293 Entitle ment to election funding--registered political parties

(1) A registered political party is entitled to election funding under this

section for all elections held on the same day if any of the

following apply:

(a) in respect of a candidate who the party endorses in a House

of Representatives election--the total number of formal first

preference votes given for the candidate is at least 4% of the

total number of formal first preference votes cast in the

election;

(b) in respect of a candidate who the party endorses in a Senate

election and who is not a member of a group--the total

number of formal first preference votes given for the

candidate is at least 4% of the total number of formal first

preference votes cast in the election;

election and who are members of a group--the total number

of formal first preference group votes is at least 4% of the

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total number of formal first preference votes cast in the

election.

(2) Subject to subsection (3), the amount of election funding to which

the registered political party is entitled is the lesser of:

(a) the total of the following:

(i) $2.24851 for each formal first preference vote given for

a candidate in relation to whom paragraph (1)(a) or (b)

is satisfied;

(ii) subject to section 296, $2.24851 for each formal first

preference group vote in respect of a group in relation to

which paragraph (1)(c) is satisfied; and

(b) the amount of electoral expenditure:

(i) claimed in respect of the registered political party for all

elections held that day; and

(ii) accepted by the Electoral Commission under

section 298C.

Note:

Subparagraph (a)(ii)--if the candidates in the group are endorsed by 2

or more registered political parties, section 296 affects the way formal

first preference votes are divided for the purposes of attributing a

portion of election funding to each party.

(3) If a single claim is made, the amount of election funding to which

the registered political parties are entitled is the lesser of:

(a) the total of the following:

(i) $2.24851 for each formal first preference vote given for

a candidate endorsed by any of the parties covered by

the claim and in relation to whom paragraph (1)(a) or

(b) is satisfied;

(ii) subject to section 296, $2.24851 for each formal first

preference group vote in respect of a group comprising

candidates endorsed by any of the parties covered by the

claim and in relation to which paragraph (1)(c) is

satisfied; and

(b) the amount of electoral expenditure:

(i) claimed in respect of the parties covered by the claim,

for all elections held that day; and

(ii) accepted by the Electoral Commission under

section 298C.

Note:

Subparagraph (a)(ii)--if the candidates in the group are endorsed by 2

or more registered political parties, section 296 affects the way formal

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first preference votes are divided for the purposes of attributing a

portion of election funding to each party.

294 Entitle ment to election funding--unendorsed candidates

(1) A candidate in an election is entitled to election funding under this

section if:

(a) the candidate is neither:

(i) endorsed by a registered political party; nor

(ii) in the case of a Senate election--a member of a group;

and

(b) the total number of formal first preference votes given for the

candidate in the election is at least 4% of the total number of

formal first preference votes cast in the election.

(2) The amount of election funding to which the candidate is entitled is

the lesser of:

(a) $2.24851 for each formal first preference vote given for the

candidate in the election; and

(b) the amount of electoral expenditure:

(i) claimed in respect of the candidate for the election; and

(ii) accepted by the Electoral Commission under

section 298C.

295 Entitle ment to election funding--unendorsed groups

(1) A group in a Senate election is entitled to election funding under

this section if:

(a) none of the group's members are candidates endorsed by a

registered political party; and

(b) the total number of formal first preference group votes is at

least 4% of the total number of formal first preference votes

cast in the Senate election.

(2) The amount of election funding to which the group is entitled is the

lesser of:

(a) $2.24851 for each formal first preference group vote in the

Senate election; and

(b) the amount of electoral expenditure:

(i) claimed in respect of the group for the Senate election;

and

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(ii) accepted by the Electoral Commission under

section 298C.

296 Entitle ment to election funding--special rule for joint Senate

groups

(1) This section applies if 2 or more registered political parties endorse

candidates who are members of a group in a Senate election.

(2) An agent of one of the registered political parties must, before the

polling day for the Senate election, give the Electoral Commission

a copy of an agreement made between the parties that sets out, for

the purposes of applying subparagraphs 293(2)(a)(ii) and (3)(a)(ii),

how the parties agree to divide the formal first preference group

votes.

(3) The original agreement must have been signed by the agent of each

of the parties.

(4) If a copy of an agreement is given to the Electoral Commission

before the polling day for the Senate election, the formal first

preference group votes are to be divided in accordance with the

agreement.

(5) However, if a copy of an agreement is not given to the Electoral

Commission before that day, the formal first preference group

votes are to be divided in whatever way the Electoral Commission

determines.

Subdivision B--Claims for election funding

297 Need for a claim

(1) To be paid an amount of election funding, a claim must be made

by:

(a) subject to paragraph (b), the agent of a registered political

party; or

(b) if the claim is a single claim--an agent of one of the

registered political parties covered by the claim; or

(2) The agent may make:

(a) an interim claim; or

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(b) both an interim claim and a final claim; or

Note:

If an interim claim only is made, see subsection 298C(3).

(3) A final claim must specify all electoral expenditure for which

election funding is sought, even if some or all of the electoral

expenditure has been specified in an interim claim.

(4) A final claim may specify electoral expenditure already specified

in an interim claim by making reference to the interim claim.

(5) Only one interim claim and one final claim may be made.

298 Electoral expenditure incurre d

(1) Unless subsection (2) applies, a claim made by the agent of a

registered political party must specify electoral expenditure:

(a) incurred by the party, or by candidates endorsed by the party,

in relation to all elections held on the same day; and

(b) for which election funding is sought.

(2) A single claim made by an agent of one of the registered political

parties covered by the claim must specify electoral expenditure:

(a) incurred by the parties covered by the claim, or by candidates

endorsed by any of those parties, in relation to all elections

held on the same day; and

(b) for which election funding is sought.

(3) A claim made by the agent of a candidate in an election must

specify electoral expenditure:

(a) incurred by the candidate in relation to the election; and

(b) for which election funding is sought.

(4) A claim made by the agent of a group in a Senate election must

specify electoral expenditure:

(a) incurred by the group, or by candidates who are members of

the group, in relation to the election; and

(b) for which election funding is sought.

298A Form of claim

A claim must:

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(a) specify whether the claim is an interim claim or final claim;

and

(b) be in the approved form; and

documents, required by the form.

298B Lodging of claim

Interim claim

(1) If an interim claim is made in relation to an election or elections,

the claim must be lodged with the Electoral Commission during the

period:

(a) beginning on the 20th day after the polling day for the

election or elections; and

(b) ending 6 months after the polling day for the election or

elections.

Final claim

(2) A final claim in relation to an election or elections must be lodged

with the Electoral Commission during the period:

(a) beginning on the day after:

(i) if the claim relates to only one election--the day on

which the writ for the election is returned; or

(ii) if the claim relates to 2 or more elections--the day on

which the writs for the elections are returned (or, if the

writs are returned on different days, the last of those

days); and

(b) ending 6 months after the polling day for the election or

elections.

Claim cannot be lodged at any other time

(3) A claim is taken not to have been made if it is lodged:

(a) before the days mentioned in paragraph (1)(a) or (2)(a); or

(b) after the 6 month period mentioned in paragraphs (1)(b) and

(2)(b).

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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298C Determination of claim

(1) The Electoral Commission must, within 20 days of the Electoral

Commission receiving a claim:

(a) decide whether to accept or refuse the claim, in whole or in

part; and

(b) to the extent that the Electoral Commission accepts the

claim--pay the amount required by section 298D or 298E.

(2) In deciding whether to accept or refuse a claim, in whole or in part,

the Electoral Commission must only consider:

(a) whether expenditure claimed is electoral expenditure; and

(b) if expenditure claimed is electoral expenditure--both:

(i) whether the electoral expenditure was incurred; and

(ii) whether the electoral expenditure has been specified in a

claim made by another agent.

(3) If an interim claim is accepted, in whole or in part, under

section 298D and a final claim is not lodged:

(a) no further election funding is payable; and

(b) the interim claim is taken to be a final claim accepted by the

Electoral Commission for the purposes of subsection 301(1).

298D Accepting an interim claim

(1) Subsection (2) applies if:

(a) an interim claim is made by the agent of a registered political

party, candidate or group in relation to an election or

elections; and

(b) the Electoral Commission accepts the claim, in whole or in

part.

(2) The Electoral Commission must pay the lesser of:

(a) 95% of the amount calculated under paragraph 293(2)(a) or

(3)(a), 294(2)(a) or 295(2)(a), as applicable, based on formal

first preference votes and formal first preference group votes

counted as at the 20th day after the polling day for the

election or elections; and

(b) the amount of electoral expenditure accepted.

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298E Accepting a final claim

(1) Subsection (2) applies if:

(a) a final claim is made by the agent of a registered political

party, candidate or group in relation to an election or

elections; and

(b) the Electoral Commission accepts the claim, in whole or in

part.

(2) The Electoral Commission must pay the lesser of:

(a) the amount calculated under paragraph 293(2)(a) or (3)(a),

294(2)(a) or 295(2)(a), as applicable; and

(b) the amount of electoral expenditure accepted;

reduced by any amount that has been paid in accordance with

section 298D.

298F Refusing a final claim

If a final claim is refused, in whole or in part, the Electoral

Commission must cause to be served on the agent of the registered

political party, candidate or group to which the claim relates, a

notice that states that the claim has been refused, in whole or in

part, and sets out the reasons for the refusal.

298G Application for reconsideration of decision refusing a final

claim

(1) If a final claim is refused, in whole or in part, the agent of the

registered political party, candidate or group to which the claim

relates may apply to the Electoral Commission for the Electoral

Commission to reconsider the decision.

(2) The application must:

(a) be in writing; and

(b) set out the reasons for the application.

(3) The application must be made within:

(a) 28 days after the day on which the relevant agent is notified

of the refusal; or

(b) if, either before or after the end of that period of 28 days, the

Electoral Commission extends the period within which the

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application may be made--the extended period for making

the application.

298H Reconsideration by Electoral Commission

(1) Upon receiving such an application, the Electoral Commiss ion

must:

(a) reconsider the decision; and

(b) decide to:

(i) affirm the decision; or

(ii) vary the decision; or

(iii) set aside the decision and make another decision.

(2) The Electoral Commission must give to the relevant agent a notice

stating the decision on the reconsideration together with a

statement of the reasons for the decision.

(3) If the Electoral Commission's decision on the reconsideration

would require an amount, or an additional amount, of election

funding to be paid, the Electoral Commission must pay the amount

within 20 days of the day of its decision.

(4) The Electoral Commission may not delegate its power under

subsection (1).

Subdivision C--Payments of election funding

22 Subsection 299(1)

Omit all the words before paragraph (a), substitute:

(1) Subject to subsection (2), if an amount of election funding is

payable in respect of a candidate or candidates endorsed by a

registered political party, the Electoral Commission must:

23 Subsections 299(2) to (5)

Repeal the subsections, substitute:

(2) If an amount of election funding is payable in respect of a single

claim, the Electoral Commission must pay the amount to the agent

who makes the single claim.

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(3) If subsections (1) and (2) do not apply and an amount of election

funding is payable in respect of a candidate, the Electoral

Commission must pay the amount to the candidate's agent.

(4) If subsections (1) and (2) do not apply and an amount of election

funding is payable in respect of a group, the Electoral Commission

must pay the amount to the group's agent.

24 Subsections 299(5D) and (6)

Repeal the subsections.

25 Sections 300 and 301

Repeal the sections, substitute:

Subdivision D--Miscellaneous

300 Death of candidates or group me mbers

Death of candidate

(1) If formal first preference votes were given for a candidate in an

election, a payment may be made in respect of the candidate even

if the candidate dies.

(2) If the candidate was neither:

(a) endorsed by a registered political party; nor

(b) a member of a group;

and was his or her own agent for the purposes of this Part, the

payment may be made to the candidate's legal personal

representative.

Death of member of group

(3) If group votes were given in a Senate election in relation to a group

of candidates, a payment may be made for the group even if a

candidate who was a member of the group dies.

(4) If:

(a) none of a group's members were candidates endorsed by a

registered political party; and

(b) the member of the group who died was the group's agent for

the purposes of this Part;

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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the payment may be made to another member of the group as if

that other member were the group's agent for the purposes of this

Part.

301 Varying decisions accepting claims

(1) If:

(a) the Electoral Commission has made a decision (the claim

decision) under section 298C to accept an amount of

electoral expenditure specified in a final claim; and

(b) the Electoral Commission becomes satisfied that:

(i) the amount of electoral expenditure should not have

been accepted; or

(ii) only a lesser amount of electoral expenditure should

have been accepted;

the Electoral Commission may vary the claim decision

accordingly.

(2) If the Electoral Commission makes a decision (the variation

decision) to vary the claim decision, sections 298F, 298G and

298H apply in relation to the variation decision as if it were, to the

extent of the variation, a decision of the Commission to refuse the

claim.

(3) If:

(a) the Electoral Commission varies the claim decision; and

(b) the total amount of election funding that has been paid to a

person in respect of the final claim, and any interim claim,

exceeds the amount that, under the claim decision as varied,

should have been paid to the person in respect of the final

claim;

the amount of the excess is an overpayment, and may be recovered

by the Commonwealth as a debt due to the Commonwealth by

action against the person.

(4) If an interim claim has been made, then in working out the amount

that, under the claim decision as varied, should have been paid to

the person as mentioned in subsection (3), the amount paid to the

person in respect of the interim claim is not to be deducted.

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301A References to the agent of a registered political party if single

claim made

If a single claim has been made, a reference in sections 298D,

298E, 298F and 298G to the agent of a registered political party is

taken to include a reference to the agent who makes the single

claim.

26 After section 303

Insert:

303A How Division applies to gifts that are returned etc. within 6

weeks

Division generally does not apply to gifts returned within 6 weeks

of receipt

(1) Subject to subsections (2) to (5), this Division does not apply to a

gift that is returned within 6 weeks after its receipt.

Division applies to gifts of foreign property, whether or not

returned

(2) This Division applies to a gift of foreign property within the

meaning of Subdivision A of Division 4A, whether or not the gift

is returned within 6 weeks as mentioned in section 306AA.

(3) If the gift is so returned, any return under this Division that

includes the amount or value of the gift must also include a

statement to the effect that the gift was so returned.

Division applies to anonymous gifts, whether or not returned or

paid to the Commonwealth

(4) This Division applies to an anonymous gift within the meaning of

Subdivision B of Division 4A, whether or not the gift is returned,

or the amount or value of the gift is paid to the Commonwealth,

within 6 weeks as mentioned in section 306AG.

(5) If the gift is so returned, or the amount or value of the gift is so

paid to the Commonwealth, any return under this Division that

includes the amount or value of the gift must also include a

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statement to the effect that the gift was so returned, or that the

amount or value of the gift was so paid to the Commonwealth.

27 Subsection 304(2)

Omit "15 weeks", substitute "8 weeks".

28 Subsection 304(2)

Omit all the words after "in an approved form,", substitute:

setting out:

(a) the total amount or value of all gifts received by the person

during the disclosure period for the election; and

(b) for gifts other than permitted anonymous gifts received by

the person during the disclosure period for the election--the

number of persons who made the gifts, and the relevant

details of each gift; and

permitted anonymous gifts were received by the person

during the disclosure period for the election:

(i) the date and nature of the activity or event; and

(ii) the total amount of permitted anonymous gifts received

at the activity or event; and

(iii) for a private event in relation to which an excess was

returned, or the amount of an excess was paid to the

Commonwealth, as mentioned in paragraph

306AF(4)(d)--the amount of the excess, and a

statement to the effect that the excess was so returned or

so paid to the Commonwealth.

29 Subsection 304(3)

Omit "15 weeks", substitute "8 weeks".

30 Subsection 304(3)

Omit all the words after "in an approved form,", substitute:

setting out:

(a) the total amount or value of all gifts received by the group

during the disclosure period for the election; and

(b) for gifts other than permitted anonymous gifts received by

the group during the disclosure period for the election--the

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20 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

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number of persons who made the gifts, and the relevant

details of each gift; and

permitted anonymous gifts were received by the group during

the disclosure period for the election:

(i) the date and nature of the activity or event; and

(ii) the total amount of permitted anonymous gifts received

at the activity or event; and

(iii) for a private event in relation to which an excess was

returned, or the amount of an excess was paid to the

Commonwealth, as mentioned in paragraph

306AF(4)(d)--the amount of the excess, and a

statement to the effect that the excess was so returned or

so paid to the Commonwealth.

31 Subsection 304(4)

Omit "the purposes of this section", substitute "the purposes of

paragraphs (2)(b) and (3)(b)".

32 Subparagraph 304(5)(b)(ii)

Omit "$10,000 or less", substitute "less than $1,000".

33 Paragraph 304(5)(c)

Omit "$10,000 or less", substitute "less than $1,000".

34 Subsection 304(5) (note)

Repeal the note.

35 Paragraph 304(6)(b)

Omit "exceeds $10,000", substitute "is $1,000 or more".

36 Paragraph 304(6)(c)

Omit "exceeds $10,000", substitute "is $1,000 or more".

37 Subsection 304(6) (note)

Repeal the note.

38 At the end of section 304

Add:

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 21

Nil returns

(9) If no details are required to be included in a return under this

section in respect of a candidate, the return must still be lodged and

must include a statement to the effect that no gifts of a kind

required to be disclosed were received.

(10) If no details are required to be included in a return under this

section in respect of a group, the return must still be lodged and

must include a statement to the effect that no gifts of a kind

required to be disclosed were received.

39 Subparagraph 305A(1)(b)(ii)

Omit "more than $10,000", substitute "$1,000 or more".

40 Subsection 305A(1) (note)

Repeal the note.

41 Subparagraph 305A(1A)(b)(ii)

Omit "more than $10,000", substitute "$1,000 or more".

42 Subsection 305A(1A) (note)

Repeal the note.

43 Paragraph 305A(2)(b)

Omit "more than $10,000", substitute "$1,000 or more".

44 Subsection 305A(2) (note)

Repeal the note.

45 Paragraph 305A(3)(a)

Omit "15 weeks", substitute "8 weeks".

46 Subsections 305B(1) and (2)

Repeal the subsections, substitute:

Obligation to furnish returns for reporting periods

(1) Subject to subsections (2A) and (2B), if, in a reporting period, a

person makes gifts totalling $1,000 or more to the same registered

political party, the person must furnish a return to the Electoral

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22 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

Commission within 8 weeks after the end of the reporting period,

disclosing all the gifts that the person made to the registered

political party during the reporting period.

How section applies to political parties that are related

(1A) If:

(a) 2 or more political parties are related to each other; and

(b) at least one of those parties is a registered political party;

subsection (1) applies as if:

party (rather than being separate political parties); and

(d) a gift made by a person to any of those parties were a gift

made by that person to the single registered political party

referred to in paragraph (c).

How section applies to gifts made with intention of benefiting a

party

(2) If a person makes a gift to any person or body with the intention of

benefiting a particular political party, the person is taken for the

purpose of this section (including paragraph (1A)(d)) to have made

that gift directly to that political party.

Half-year returns: effect on obligation to furnish full year return

(2A) If a person:

(a) has furnished a return to the Electoral Commission disclosing

a gift or gifts that the person made to a registered political

party during a reporting period that is the first 6 months of a

financial year; and

(b) has not made any further gifts to the registered political party

during the remainder of the financial year;

the person is not required to furnish a return to the Electoral

Commission under subsection (1) in respect of the reporting period

that is the full financial year.

(2B) A return furnished by a person under subsection (1) in respect of a

reporting period that is a full financial year does not have to

disclose any gift made by the person that has already been

disclosed in a return under subsection (1) in respect of the

reporting period that is the first 6 months of that financial year.

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 23

47 Paragraph 305B(3)(c)

Omit "registered political party or branch", substitute "political party

that received the gift".

Note:

The following heading to subsection 305B(3) is inserted "Content of return".

48 Subsection 305B(3A)

Repeal the subsection, substitute:

Disclosure of receipt of gifts in certain circumstances

(3A) If:

(a) a person is required to disclose a gift (the ultimate gift) in a

return under subsection (1); and

(b) the person received a gift of $1,000 or more (the enabling

gift) which the person used to make all or a substantial part

of the ultimate gift;

the person must also disclose the relevant details of the enabling

gift in the return under subsection (1).

Note 1: The following heading to subsection 305B(4) is inserted "Return to be in approved

form".

Note 2: The following heading to subsection 305B(5) is inserted "Gifts to which section does

not apply".

49 Section 306

Repeal the section, substitute:

Division 4A--Rules about certain gifts and loans

Subdivision A--Gifts of foreign property

306 Inte rpretation

(1) In this Subdivision:

Australian property means:

(a) money standing to the credit of an account kept in Australia;

(b) other money (for example, cash) that is located in Australia;

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Note:

For how this Subdivision applies to gifts or transfers made using a

credit card, see subsection 306AB(4).

candidacy period, in relation to a candidate, means the period:

(a) starting on the earlier of the day on which the person

announces that he or she will be a candidate in an election, or

the day on which the nomination of the person as a candidate

in the election is made; and

(b) ending 30 days after the polling day in the election.

credit card means:

(a) any article of a kind commonly known as a credit card; or

(b) any similar article intended for use in obtaining cash, goods

or services on credit;

and includes any article of a kind that persons carrying on business

commonly issue to their customers or prospective customers for

use in obtaining goods or services from those persons on credit.

enables: a gift or other transfer enables a person or entity to do a

particular thing if all or a substantial part of the gift or transfer

enables the person or entity:

(a) to do all or a substantial part of that thing; or

(b) to be wholly or substantially reimbursed for having done that

thing.

foreign property means:

(a) money standing to the credit of an account kept outside

Australia; or

(b) other money (for example, cash) that is located outside

Australia; or

Note:

For how this Subdivision applies to gifts or transfers made using a

credit card, see subsection 306AB(4).

gift:

(a) in relation to a candidate, has a meaning affected by

subsection (2); and

(b) in relation to a member of a group, has a meaning affected by

subsection (3).

group period, in relation to a group, means the period:

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 25

(a) starting on the day on which the persons constituting the

group make a request under section 168 in relation to an

election; and

(b) ending 30 days after the polling day in the election.

political expenditure means expenditure incurred for any of the

purposes specified in paragraph 314AEB(1)(a).

(2) A reference in this Subdivision to a gift, in relation to a candidate

(or a person acting on behalf of a candidate), does not include:

(a) a gift made for the benefit of a group of which the candidate

is a member; or

(b) a gift made in a private capacity to (or for the benefit of) the

candidate if the candidate has not used, and will not use, the

gift solely or substantially for a purpose related to an

election.

(3) A reference in this Subdivision to a gift, in relation to a member of

a group (or a person acting on behalf of a group), is a reference to a

gift made for the benefit of the group.

(4) A reference in this Subdivision to a thing done by a person

includes a reference to a thing done by a person on behalf of the

members of an unincorporated association.

306AA Subdivision does not apply to gifts that are returned within 6

weeks

This Subdivision does not apply to a gift that is returned within 6

weeks after its receipt.

306AB Determining whethe r a gift or transfer is of Australian or

foreign property

Status of property as Australian or foreign to be determined by

reference to position immediately before gift or transfer

(1) For the purpose of this Subdivision (but without limiting the effect

of subsections (2) and (3)):

(a) a gift or transfer of property is a gift or transfer of Australian

property if the property was Australian property immediately

before the gift or transfer was made; and

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26 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

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(b) a gift or transfer of property is a gift or transfer of foreign

property if the property was foreign property immediately

before the gift or transfer was made.

Transferring foreign property to enable another person to make a

gift

(2) For the purpose of this Subdivision, if:

(a) a person (the donor) transfers foreign property (the primary

transfer) to another person (the first recipient); and

(b) the donor's main purpose in making the primary transfer is to

enable (directly or indirectly) the first recipient, or another

person, to make a gift to another person or entity (the

ultimate recipient); and

ultimate gift) to the ultimate recipient; and

(d) the primary transfer enabled (directly or indirectly) the first

recipient, or the other person, to make the ultimate gift;

the ultimate gift is taken to be a gift of foreign property.

Changing location of foreign property etc. prior to making a gift or

transfer

(3) For the purpose of this Subdivision, if:

(a) a person:

(i) changes the location of property so that it becomes

Australian property; or

(ii) uses foreign property to acquire Australian property;

and

(b) the person's main purpose in changing the location of the

property, or in acquiring the Australian property, was to

enable the person to make a gift or transfer of property that

would be Australian property rather than foreign property;

and

accordance with that purpose;

the gift or transfer is taken to be a gift or transfer of foreign

property.

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 27

How Subdivision applies to gifts or transfers made by credit card

(4) This Subdivision applies to a gift or transfer of money made by use

of a credit card as if the gift or transfer were of money standing to

the credit of an account kept in the country in which the credit card

is based.

306AC Gifts of foreign property: when unlawful for political party,

candidate etc. to receive gift

When receiving gift is unlawful

(1) It is unlawful for a person or entity to receive a gift of foreign

property in any of the following circumstances:

(a) the gift is received by a registered political party (or by a

person acting on behalf of a registered political party);

(b) the gift is received by a State branch of a registered political

party (or by a person acting on behalf of a State branch of a

registered political party);

behalf of a candidate) during the candidacy period;

(d) the gift is received by a member of a group (or by a person

acting on behalf of a group) during the group period.

Liability for unlawful receipt of gift

(2) If a person or entity specified in column 2 of an item in the

following table receives a gift that, under subsection (1), it is

unlawful for the person or entity to receive, an amount equal to the

amount or value of the gift is payable to the Commonwealth by the

person or persons specified in column 3 of that item.

Liability for unlawful receipt of gift

Column 1

Item

Column 2

If the recipient is ...

Column 3

the amount is payable by ...

a registered political party that

is a body corporate (or a person

acting on behalf of such a party)

the registered political party.

a registered political party that

is not a body corporate (or a

person acting on behalf of such

the agent of the registered political

party.

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28 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

Liability for unlawful receipt of gift

Column 1

Item

Column 2

If the recipient is ...

Column 3

the amount is payable by ...

a party)

a State branch of a registered

political party, being a State

branch that is a body corporate

(or a person acting on behalf of

such a branch)

the State branch.

a State branch of a registered

political party, being a State

branch that is not a body

corporate (or a person acting on

behalf of such a branch)

the agent of the State branch.

a candidate (or a person acting

on behalf of a candidate)

the candidate and the agent of the

candidate.

a member of a group (or a

person acting on behalf of a

group)

the members of the group and the

agent of the group.

(3) If, under subsection (2), an amount is payable to the

Commonwealth by 2 or more persons, those persons are jointly and

severally liable for the payment of the amount.

(4) An amount that, under subsection (2), is payable by a person or

persons to the Commonwealth may be recovered by the

Commonwealth as a debt due to the Commonwealth by action, in a

court of competent jurisdiction, against that person or any one or

more of those persons.

306AD Gifts of foreign property made to enable incurring of

political expenditure: when unlawful to use or receive gift

Persons other than candidates and members of groups (current

and former) and associated entities: when incurring expenditure is

unlawful

(1) It is unlawful for a person (the recipient) to incur an amount of

political expenditure if:

(a) the recipient:

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 29

(i) is not, and has not at any time been, a candidate or a

member of a group; and

(ii) is not an associated entity; and

(b) a gift of foreign property received by the recipient from

another person (the donor) enabled the recipient to incur the

expenditure; and

property was to enable the recipient to incur political

expenditure; and

(d) the recipient is required by section 314AEB to provide a

return setting out details of the expenditure (whether or not

that return has been provided).

Candidates and members of groups (current and former): when

incurring expenditure is unlawful

(2) It is unlawful for a person (the recipient) to incur an amount of

political expenditure if:

(a) the recipient is, or has at any time been, a candidate or a

member of a group; and

(b) a gift of foreign property received by the recipient from

another person (the donor) enabled the recipient to incur the

expenditure; and

property was to enable the recipient to incur political

expenditure.

Associated entities: when receiving gift is unlawful

(3) It is unlawful for an associated entity to receive a gift of foreign

property from a person (the donor) if the donor's main purpose in

making the gift is to enable the associated entity to incur political

expenditure.

(4) In subsections (3) and (6), a reference to an associated entity

receiving a gift or incurring expenditure is, if the entity is not a

body corporate, a reference to a person receiving a gift or incurring

expenditure on behalf of the entity.

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

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30 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

Liability for unlawful incurring of expenditure or receipt of gift

(5) If a person incurs an amount of political expenditure that is

unlawful under subsection (1) or (2), an amount equal to the

amount of the expenditure is payable to the Commonwealth by the

person.

(6) If an associated entity receives a gift that, under subsection (3), it is

unlawful for the associated entity to receive, an amount equal to

the amount or value of the gift is payable to the Commonwealth in

accordance with whichever of the following paragraphs applies:

(a) if the associated entity is a body corporate, or is the trustee of

a trust--the amount is payable to the Commonwealth by the

associated entity;

(b) if the associated entity is not a body corporate--the amount

is payable to the Commonwealth by the financial controller

of the associated entity.

(7) An amount that, under subsection (5) or (6), is payable by a person

to the Commonwealth may be recovered by the Commonwealth as

a debt due to the Commonwealth by action, in a court of competent

jurisdiction, against that person.

Subdivision B--Anonymous gifts

306AE Interpretation

(1) In this Subdivision:

anonymous gift: a gift is an anonymous gift if the gift is not made

by a known donor.

candidacy period, in relation to a candidate, means the period:

(a) starting on the earlier of the day on which the person

announces that he or she will be a candidate in an election, or

the day on which the nomination of the person as a candidate

in the election is made; and

(b) ending 30 days after the polling day in the election.

enables: a gift enables a person or entity to do a particular thing if

all or a substantial part of the gift enables the person or entity:

(a) to do all or a substantial part of that thing; or

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 31

(b) to be wholly or substantially reimbursed for having done that

thing.

gift:

(a) in relation to a candidate, has a meaning affected by

subsection (2); and

(b) in relation to a member of a group, has a meaning affected by

subsection (3).

group period, in relation to a group, means the period:

(a) starting on the day on which the persons constituting the

group make a request under section 168 in relation to an

election; and

(b) ending 30 days after the polling day in the election.

known donor: a gift is made by a known donor if:

(a) at the time when the gift is made:

(i) the person making the gift (the donor) gives the donor's

name and address to the person receiving the gift; and

(ii) the person receiving the gift has no grounds to believe

that the name and address so given are not the donor's

true name and address; or

(b) the name and address of the donor are otherwise known to

the person receiving the gift.

political expenditure means expenditure incurred for any of the

purposes specified in paragraph 314AEB(1)(a).

(2) A reference in this Subdivision to a gift, in relation to a candidate

(or a person acting on behalf of a candidate), does not include:

(a) a gift made for the benefit of a group of which the candidate

is a member; or

(b) a gift made in a private capacity to (or for the benefit of) the

candidate if the candidate has not used, and will not use, the

gift solely or substantially for a purpose related to an

election.

(3) A reference in this Subdivision to a gift, in relation to a member of

a group (or a person acting on behalf of a group), is a reference to a

gift made for the benefit of the group.

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32 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

(4) A reference in the definition of known donor in subsection (1) to

the donor's name and address is:

(a) in the case of a gift made on behalf of the members of an

unincorporated association, other than a registered industrial

organisation--a reference to:

(i) the name of the association; and

(ii) the names and addresses of the members of the

executive committee (however described) of the

association; and

(b) in the case of a gift purportedly made out of a trust fund or

out of the funds of a foundation--a reference to:

(i) the names and addresses of the trustees of the fund or of

the funds of the foundation; and

(ii) the title or other description of the trust fund or the

name of the foundation, as the case requires.

(5) A reference in this Subdivision to a thing done by a person

includes a reference to a thing done by a person on behalf of the

members of an unincorporated association.

306AF Meaning of permitted anonymous gift

Anonymous gifts made at general public activities

(1) An anonymous gift received by or on behalf of a person or entity

(the recipient) is a permitted anonymous gift if:

(a) the amount of the gift is $50 or less; and

(b) the gift is received at a general public activity (see

subsection (3)); and

record, for the purpose of this section, of:

(i) the date, location and nature of the activity; and

(ii) the names and addresses of the people involved in the

collection or receipt of gifts at the activity; and

(iii) the total amount of anonymous gifts received by or on

behalf of the recipient at the activity.

(2) If:

(a) a particular person makes 2 or more gifts for the recipient at

the activity; and

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 33

(b) a person involved in the collection or receipt of gifts at the

activity knows that the gifts are from the same person, and

that the total of the gifts exceeds $50;

then, despite subsection (1), so much of those gifts as equals the

excess is not a permitted anonymous gift.

(3) A general public activity is an activity that is conducted in a public

place or in some other place to which members of the public have

ready access.

Note:

General public activities include, for example, street stalls and stalls at

fetes.

Anonymous gifts made at private events

(4) An anonymous gift received by or on behalf of a person or entity

(the recipient) is a permitted anonymous gift if:

(a) the amount of the gift is $50 or less; and

(b) the gift is received at a private event (see subsection (6)); and

record, for the purpose of this section, of:

(i) the date, location and nature of the event; and

(ii) the number of people who attended the event; and

(iii) the names and addresses of the people involved in the

collection or receipt of gifts at the event; and

(iv) the total amount of anonymous gifts received by or on

behalf of the recipient at the event; and

(d) if the total amount of anonymous gifts received by or on

behalf of the recipient at the event exceeds the amount

worked out by multiplying $50 by the number of people who

attend the event--within 6 weeks of the event:

(i) the excess is returned; or

(ii) if it is not possible or practicable to return the excess--

the amount of the excess is paid to the Commonwealth.

(5) If:

(a) a particular person makes 2 or more gifts for the recipient at

the event; and

(b) a person involved in the collection or receipt of gifts at the

event knows that the gifts are from the same person, and that

the total of the gifts exceeds $50;

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

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34 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

then, despite subsection (4), so much of those gifts as equals the

excess is not a permitted anonymous gift.

(6) A private event is a function, meeting or other event that is not a

general public activity.

Section only applies to gifts of money

(7) This section only applies in relation to gifts of money.

306AG Subdivision does not apply to gifts that are returned or paid

to Commonwealth within 6 weeks

This Subdivision does not apply to a gift if, within 6 weeks of the

receipt of the gift:

(a) the gift is returned; or

(b) if it is not possible or practicable to return the gift--the

amount or value of the gift is paid to the Commonwealth.

306AH Anonymous gifts: when unlawful for political party,

candidate etc. to receive gift

When receiving gift is unlawful

(1) It is unlawful for an anonymous gift that is not a permitted

anonymous gift to be received in any of the following

circumstances:

(a) the gift is received by a registered political party (or by a

person acting on behalf of a registered political party);

(b) the gift is received by a State branch of a registered political

party (or by a person acting on behalf of a State branch of a

registered political party);

behalf of a candidate) during the candidacy period;

(d) the gift is received by a member of a group (or by a person

acting on behalf of a group) during the group period.

Liability for unlawful receipt of gift

(2) If a person or entity specified in column 2 of an item in the

following table receives a gift that, under subsection (1), it is

unlawful for the person or entity to receive, an amount equal to the

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 35

amount or value of the gift is payable to the Commonwealth by the

person or persons specified in column 3 of that item.

Liability for unlawful receipt of gift

Column 1

Item

Column 2

If the recipient is ...

Column 3

the amount is payable by ...

a registered political party that

is a body corporate (or a person

acting on behalf of such a party)

the registered political party.

a registered political party that

is not a body corporate (or a

person acting on behalf of such

a party)

the agent of the registered political

party.

a State branch of a registered

political party, being a State

branch that is a body corporate

(or a person acting on behalf of

such a branch)

the State branch.

a State branch of a registered

political party, being a State

branch that is not a body

corporate (or a person acting on

behalf of such a branch)

the agent of the State branch.

a candidate (or a person acting

on behalf of a candidate)

the candidate and the agent of the

candidate.

a member of a group (or a

person acting on behalf of a

group)

the members of the group and the

agent of the group.

(3) If, under subsection (2), an amount is payable to the

Commonwealth by 2 or more persons, those persons are jointly and

severally liable for the payment of the amount.

(4) An amount that, under subsection (2), is payable by a person or

persons to the Commonwealth may be recovered by the

Commonwealth as a debt due to the Commonwealth by action, in a

court of competent jurisdiction, against that person or any one or

more of those persons.

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

Part 1 A mend ments

36 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

306AI Anonymous gifts: when unlawful for political party,

candidate etc. to receive gift made using anonymous gift

When receiving gift is unlawful

(1) It is unlawful for a person or entity to receive a gift (the political

gift) from a person (the donor) if:

(a) the political gift is received in any of the following

circumstances:

(i) the gift is received by a registered political party (or by

a person acting on behalf of a registered political party);

(ii) the gift is received by a State branch of a registered

political party (or by a person acting on behalf of a State

branch of a registered political party);

(iii) the gift is received by a candidate (or by a person acting

on behalf of a candidate) during the candidacy period;

(iv) the gift is received by a member of a group (or by a

person acting on behalf of a group) during the group

period; and

(b) an anonymous gift received by the donor enabled the donor

to make the political gift; and

Liability for unlawful receipt of gift

(2) If a person or entity specified in column 2 of an item in the

following table receives a gift that, under subsection (1), it is

unlawful for the person or entity to receive, an amount equal to the

amount or value of the gift is payable to the Commonwealth by the

person or persons specified in column 3 of that item.

Liability for unlawful receipt of gift

Column 1

Item

Column 2

If the recipient is ...

Column 3

the amount is payable by ...

a registered political party that

is a body corporate (or a person

acting on behalf of such a party)

the registered political party.

a registered political party that

is not a body corporate (or a

person acting on behalf of such

the agent of the registered political

party.

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 37

Liability for unlawful receipt of gift

Column 1

Item

Column 2

If the recipient is ...

Column 3

the amount is payable by ...

a party)

a State branch of a registered

political party, being a State

branch that is a body corporate

(or a person acting on behalf of

such a branch)

the State branch.

a State branch of a registered

political party, being a State

branch that is not a body

corporate (or a person acting on

behalf of such a branch)

the agent of the State branch.

a candidate (or a person acting

on behalf of a candidate)

the candidate and the agent of the

candidate.

a member of a group (or a

person acting on behalf of a

group)

the members of the group and the

agent of the group.

(3) If, under subsection (2), an amount is payable to the

Commonwealth by 2 or more persons, those persons are jointly and

severally liable for the payment of the amount.

(4) An amount that, under subsection (2), is payable by a person or

persons to the Commonwealth may be recovered by the

Commonwealth as a debt due to the Commonwealth by action, in a

court of competent jurisdiction, against that person or any one or

more of those persons.

306AJ Anonymous gifts: when unlawful for pe rson to incur political

expenditure using anonymous gift

Persons other than candidates and members of groups (current

and former): when incurring expenditure is unlawful

(1) It is unlawful for a person to incur an amount of political

expenditure if:

(a) the person is not, and has not at any time been, a candidate or

a member of a group; and

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38 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

(b) an anonymous gift received by the person enabled the person

to incur the expenditure; and

(d) the person is required by section 314AEB to provide a return

setting out details of the expenditure (whether or not that

return has been provided).

Candidates and members of groups (current and former): when

incurring expenditure is unlawful

(2) It is unlawful for a person to incur an amount of political

expenditure if:

(a) the person is, or has at any time been, a candidate or a

member of a group; and

(b) an anonymous gift received by the person enabled the person

to incur the expenditure; and

Liability for unlawful incurring of expenditure

(3) If a person incurs an amount of political expenditure that is

unlawful under subsection (1) or (2), an amount equal to the

amount of the expenditure is payable to the Commonwealth by the

person.

(4) An amount that, under subsection (3), is payable by a person to the

Commonwealth may be recovered by the Commonwealth as a debt

due to the Commonwealth by action, in a court of competent

jurisdiction, against that person.

Subdivision C--Other gifts and loans

50 Subsection 306A(1)

Omit "more than $10,000", substitute "$1,000 or more".

51 Subsection 306A(1) (note)

Repeal the note.

52 Subsection 306A(2)

Omit "more than $10,000", substitute "$1,000 or more".

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 39

53 Subsection 306A(2) (note)

Repeal the note.

54 Paragraph 306B(a)

Omit "exceeds $10,000", substitute "is $1,000 or more".

55 Section 306B (note 3)

Repeal the note.

56 Section 307

Repeal the section.

57 Section 308

Repeal the section.

58 Subsection 309(1A)

After "electoral expenditure", insert ", of a kind mentioned in

paragraph (a) of the definition of that expression,".

59 Subsection 309(2)

Omit "15 weeks", substitute "8 weeks".

60 Subsection 309(2)

After "electoral expenditure", insert ", of a kind mentioned in

paragraph (a) of the definition of that expression,".

61 Subsection 309(3)

Omit "15 weeks", substitute "8 weeks".

62 Subsection 309(3)

After "electoral expenditure", insert ", of a kind mentioned in

paragraph (a) of the definition of that expression,".

63 Subsection 311A(2)

Omit "$10,000 or less", substitute "less than $1,000".

64 Subsection 311A(2) (note)

Repeal the note.

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

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40 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

65 Division 5A of Part XX (heading)

Repeal the heading, substitute:

Division 5A--Returns for reporting periods by registered

political parties and other persons

66 After section 314AA

Insert:

314AAA How Division applies to gifts that are returned etc. within 6

weeks

Division generally does not apply to gifts returned within 6 weeks

of receipt

(1) Subject to subsections (2) to (5), this Division does not apply to a

gift that is returned within 6 weeks after its receipt.

Division applies to gifts of foreign property, whether or not

returned

(2) This Division applies to a gift of foreign property within the

meaning of Subdivision A of Division 4A, whether or not the gift

is returned within 6 weeks as mentioned in section 306AA.

(3) If the gift is so returned, any return under this Division that

includes the amount or value of the gift must also include a

statement to the effect that the gift was so returned.

Division applies to anonymous gifts, whether or not returned or

paid to the Commonwealth

(4) This Division applies to an anonymous gift within the meaning of

Subdivision B of Division 4A, whether or not the gift is returned,

or the amount or value of the gift is paid to the Commonwealth,

within 6 weeks as mentioned in section 306AG.

(5) If the gift is so returned, or the amount or value of the gift is so

paid to the Commonwealth, any return under this Division that

includes the amount or value of the gift must also include a

statement to the effect that the gift was so returned, or that the

amount or value of the gift was so paid to the Commonwealth.

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 41

67 Subsection 314AB(1)

Omit "within 16 weeks after the end of each financial year beginning on

or after 1 July 1992", substitute "within 8 weeks after the end of each

reporting period".

Note:

The heading to section 314AB is altered by omitting "Annual returns" and substituting

"Returns for reporting periods".

68 Paragraph 314AB(1)(b)

Omit "audited annual accounts", substitute "audited accounts, for the

reporting period,".

69 Subsection 314AB(2)

Omit "financial year" (wherever occurring), substitute "reporting

period".

70 Subsection 314AC(1)

Omit "financial year is more than $10,000", substitute "reporting period

is $1,000 or more".

71 Subsection 314AC(1) (note)

Repeal the note.

72 Subsection 314AC(2)

Repeal the subsection.

73 At the end of section 314AC

Add:

(4) If the total amount received by, or on behalf of, the party during a

reporting period includes one or more permitted anonymous gifts,

the return must include, for each general public activity or private

event at which the gifts were received:

(a) the date and nature of the activity or event; and

(b) the total amount of permitted anonymous gifts received at the

activity or event; and

returned, or the amount of an excess was paid to the

Commonwealth, as mentioned in paragraph 306AF(4)(d)--

the amount of the excess, and a statement to the effect that

the excess was so returned or so paid to the Commonwealth.

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

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42 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

74 Subsection 314AE(1)

Omit "financial year is more than $10,000", substitute "reporting period

is $1,000 or more".

75 Subsection 314AE(1) (note)

Repeal the note.

76 Subsection 314AEA(1)

Omit "financial year" (wherever occurring), substitute "reporting

period".

Note:

The heading to section 314AEA is altered by omitting "Annual returns" and

substituting "Returns for reporting periods".

77 Subsection 314AEA(1)

Omit "16 weeks", substitute "8 weeks".

78 Paragraph 314AEA(3)(d)

Omit "financial year", substitute "reporting period".

79 Subsection 314AEB(1)

Omit "financial year", substitute "reporting period".

Note:

The heading to section 314AEB is altered by omitting "Annual returns" and

substituting "Returns for reporting periods".

80 Paragraph 314AEB(1)(a)

Omit "the year", substitute "the reporting period".

81 Paragraphs 314AEB(1)(b) and (c)

Repeal the paragraphs, substitute:

(b) the total amount of expenditure of all of the kinds referred to

in paragraph (a) incurred by the person during the reporting

period was $1,000 or more.

82 Subsection 314AEB(1) (note)

Repeal the note.

83 After subsection 314AEB(1)

Insert:

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 43

(1A) An amount of expenditure incurred with the authority of a person

is not counted in the total amount referred to in paragraph (1)(b) if,

at the time the person gave authority to incur the amount of

expenditure, the person was:

(a) a registered political party; or

(b) a State branch of a registered political party; or

Commonwealth, an Executive Agency or a Statutory Agency

(within the meaning of the Public Service Act 1999)); or

(d) a member of the House of Representatives or the Senate; or

(e) a candidate in an election; or

(f) a member of a group.

84 Subsection 314AEB(2)

Omit "financial year", substitute "reporting period".

85 Paragraph 314AEB(3)(a)

Omit "20 weeks after the end of the financial year", substitute "8 weeks

after the end of the reporting period".

86 Subsection 314AEC(1)

Omit "financial year", substitute "reporting period".

Note:

The heading to section 314AEC is altered by omitting "Annual returns" and

substituting "Returns for reporting periods".

87 Paragraphs 314AEC(1)(a) and (b)

Omit "the year", substitute "the reporting period".

88 Paragraph 314AEC(1)(c)

Repeal the paragraph, substitute:

(i) there is at least one major donor in relation to the person

and the reporting period;

(ii) the gifts referred to in paragraph (b) include one or more

permitted anonymous gifts.

89 Subsection 314AEC(1) (note)

Repeal the note.

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

Part 1 A mend ments

44 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

90 After subsection 314AEC(1)

Insert:

(1A) For the purpose of this section, a person (the donor) is a major

donor in relation to the person and the reporting period referred to

in subsection (1) if the total amount of the gifts referred to in

paragraph (1)(b) that were made by the donor to the person is

$1,000 or more.

91 Subsection 314AEC(2)

Omit all the words from and including "The person" to and including

"paragraph (1)(b):", substitute:

If there is at least one major donor in relation to the person and the

reporting period, the return for the reporting period must include

the following details in relation to each gift referred to in

paragraph (1)(b) that was made by a major donor:

92 Subsection 314AEC(2) (note)

Repeal the note.

93 After subsection 314AEC(2)

Insert:

(2A) If the gifts referred to in paragraph (1)(b) include one or more

permitted anonymous gifts, the return for the reporting period must

include, for each general public activity or private event at which

the gifts were received:

(a) the date and nature of the activity or event; and

(b) the total amount of permitted anonymous gifts received at the

activity or event; and

activity or event that the person used for a purpose referred to

in paragraph (1)(b); and

(d) for a private event in relation to which an excess was

returned, or the amount of an excess was paid to the

Commonwealth, as mentioned in paragraph 306AF(4)(d)--

the amount of the excess, and a statement to the effect that

the excess was so returned or so paid to the Commonwealth.

94 Paragraph 314AEC(3)(a)

Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1

Amend ments Part 1

Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2009

No. , 2009 45

Omit "20 weeks after the end of the financial year", substitute "8 weeks

after the end of the reporting period".

95 Subsection 314AEC(4)

Repeal the subsection.

96 Subsections 315(1) to (4)

Repeal the subsections, substitute:

Failing to furnish a Division 4, 5 or 5A return

(1) A person commits an offence if:

(a) the person is required to furnish a return under Division 4, 5

or 5A; and

(b) the person fails to furnish the return to the Electoral

Commission by the time required by that Division.

Penalty: 120 penalty units.

Furnishing a Division 4, 5 or 5A return that is incomplete

(2) A person commits an offence if:

(a) the person is required to furnish a return under Division 4, 5

or 5A; and

(b) the person furnishes a return to the Electoral Commission;

and

(d) the return is incomplete.

Penalty: 120 penalty units.

(3) For the purpose of subsection (2) a return is incomplete if it does

not contain all the information that is required to be included in the

return by Division 4, 5 or 5A (as the case requires) or by the

approved form for the return.

Failing to retain records as required by section 317

(4) A person commits an offence if:

(a) the person is required by section 317 to retain records; and

(b) the person fails to retain the records as required by that

section.

Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918

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46 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill

2009 No. , 2009

Penalty: 120 penalty units.

Furnishing a Division 3 claim that is false or misleading

(4A) A person commits an offence if:

(a) the person lodges a claim with the Electoral Commission;

and

(b) the claim purports to be a claim under Division 3; and

(i) the claim is false or misleading in a material particular;

(ii) the claim omits a matter or thing without which the

claim is misleading in a material particular.

Penalty: Imprisonment for 2 years or 240 penalty units, or both.

Note:

Commonwealth of Australia Bills

COMMONWEALTH ELECTORAL AMENDMENT (POLITICAL DONATIONS AND OTHER MEASURES) BILL 2009