Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
COMMONWEALTH ELECTORAL AMENDMENT (POLITICAL DONATIONS AND OTHER MEASURES) BILL 2010
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Electoral Amendment
(Political Donations and Other
Measures) Bill 2010
No. , 2010
(Special Minister of State)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918, and for related purposes
i Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Commonwealth Electoral Act
1918
3
Part 1--Amendments
3
Commonwealth Electoral Act 1918
3
Part 2--Application and saving provisions
56
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Commonwealth Electoral Amendment
5
(Political Donations and Other Measures) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
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 this Act receives the Royal Assent.
2. Schedule 1
1 July 2011.
1 July 2011
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in Column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 3
Schedule 1--Amendment of the
1
Commonwealth Electoral Act 1918
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 Subsection 4(1)
5
Insert:
6
related: a political party is related to another political party if:
7
(a) one of the parties is part of the other party; or
8
(b) both parties are parts of the same political party.
9
2 Subsection 4(1)
10
Insert:
11
reporting period means:
12
(a) the first 6 months of a financial year; or
13
(b) a full financial year.
14
3 Subsection 17A(1)
15
Omit "(1)".
16
4 Subsection 17A(1)
17
Omit all the words after "compliance with a notice under subsection
18
316(2A),", substitute "unless, in the opinion of the Electoral
19
Commission, the information relates to an offence that has, or may have
20
been, committed against section 315".
21
5 Subsection 17A(2)
22
Repeal the subsection.
23
6 Subsection 123(2)
24
Repeal the subsection.
25
7 Subsection 287(1)
26
Insert:
27
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
4 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
electoral expenditure, in relation to an election, means:
1
(a) expenditure incurred (whether or not incurred during the
2
election period) on:
3
(i) the broadcasting, during the election period, of an
4
advertisement relating to the election; or
5
(ii) the publishing in a journal, during the election period, of
6
an advertisement relating to the election; or
7
(iii) the display, during the election period, at a theatre or
8
other place of entertainment, of an advertisement
9
relating to the election; or
10
(iv) the production of an advertisement relating to the
11
election, being an advertisement that is broadcast,
12
published or displayed as mentioned in
13
subparagraph (i), (ii) or (iii); or
14
(v) the production of any material (not being material
15
referred to in subparagraph (i), (ii) or (iii)) that is
16
required under section 328, 328A or 328B to include the
17
name and address of the author of the material or of the
18
person authorising the material and that is used during
19
the election period; or
20
(vi) the production and distribution of electoral matter that is
21
addressed to particular persons or organisations and is
22
distributed during the election period; or
23
(vii) the carrying out, during the election period, of an
24
opinion poll, or other research, relating to the election;
25
and
26
(b) expenditure incurred during the election period on:
27
(i) the rent of any house, building or premises used for the
28
primary purpose of conducting an election campaign; or
29
(ii) paying additional staff employed, or a person
30
contracted, for the primary purpose of conducting an
31
election campaign; or
32
(iii) office equipment purchased (including by way of
33
hire-purchase), leased or hired for the primary purpose
34
of conducting an election campaign; or
35
(iv) the costs of running and maintaining that office
36
equipment; and
37
(c) expenditure incurred during the election period on:
38
(i)
travel;
or
39
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 5
(ii) travel and accommodation in connection with the travel;
1
to the extent that the expenditure could reasonably be
2
expected to have been incurred for the primary purpose of
3
conducting an election campaign.
4
However, expenditure is not electoral expenditure if:
5
(d) a member of either House of the Parliament incurs
6
expenditure of a kind mentioned in paragraph (a), (b) or (c)
7
of this definition; and
8
(e) the expenditure has been, or will be, met by allowances
9
(other than those relating to remuneration), entitlements or
10
benefits received by the member in his or her capacity as a
11
member.
12
8 Subsection 287(1) (definition of eligible vote)
13
Repeal the definition.
14
9 Subsection 287(1) (definition of entitlement)
15
Repeal the definition.
16
10 Subsection 287(1)
17
Insert:
18
general public activity: see subsection 306AF(3).
19
11 Subsection 287(1)
20
Insert:
21
group vote, in relation to a group of candidates in a Senate
22
election, means a first preference vote:
23
(a) given in the election for any candidate who is a member of
24
the group; and
25
(b) counted for the purposes of section 273.
26
12 Subsection 287(1)
27
Insert:
28
office equipment means:
29
(a) telephones, faxes, computers, personal digital assistants,
30
personal organisers and other equipment used, or that can be
31
used, for the purpose of communication; and
32
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
6 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(b) photocopiers, printers, and other things used in aid of the
1
equipment mentioned in paragraph (a).
2
13 Subsection 287(1)
3
Insert:
4
permitted anonymous gift: see section 306AF.
5
14 Subsection 287(1)
6
Insert:
7
private event: see subsection 306AF(6).
8
15 Subsection 287(1)
9
Insert:
10
single claim means a claim:
11
(a) by registered political parties that are related to each other;
12
and
13
(b) for electoral expenditure that covers:
14
(i) the federal branch of the registered political party; and
15
(ii) one or more State branches of the registered political
16
party.
17
16 Subsection 287(2)
18
Repeal the subsection, substitute:
19
(2) If this Part requires something to be lodged, given or furnished to
20
the Electoral Commission, the thing is taken to be so lodged, given
21
or furnished if it is lodged at the principal office of the Electoral
22
Commission in Canberra.
23
17 Subsection 287(4)
24
After "an election", insert "or a reference in section 305B".
25
18 After subsection 287(4A)
26
Insert:
27
(4B) For the purposes of this Part, electoral expenditure incurred by or
28
with the authority of a division of a State branch of a political party
29
is treated as being incurred by that State branch.
30
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 7
19 After subsection 287(6)
1
Insert:
2
(6A) Subsection (6) does not apply in relation to a political party that is
3
a body corporate.
4
20 Subsection 287A(1)
5
After "Divisions 4,", insert "4A,".
6
21 At the end of Division 1 of Part XX
7
Add:
8
287C Commonwealth may not recover the amount of a gift twice
9
Despite anything in this Part, if the Commonwealth has recovered
10
the amount or value of a gift as a debt due to the Commonwealth
11
under a provision of this Part, the Commonwealth may not recover
12
the amount or value of that gift as a debt due to the Commonwealth
13
under another provision of this Part.
14
22 Paragraph 292B(a)
15
After "Division 4,", insert "4A,".
16
23 Sections 294 and 297
17
Repeal the sections, substitute:
18
Subdivision A--Entitlement to election funding
19
293 Entitlement to election funding--registered political parties
20
(1) A registered political party is entitled to election funding under this
21
section for all elections held on the same day if any of the
22
following apply:
23
(a) in respect of a candidate who the party endorses in a House
24
of Representatives election--the total number of formal first
25
preference votes given for the candidate is at least 4% of the
26
total number of formal first preference votes cast in the
27
election;
28
(b) in respect of a candidate who the party endorses in a Senate
29
election and who is not a member of a group--the total
30
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
8 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
number of formal first preference votes given for the
1
candidate is at least 4% of the total number of formal first
2
preference votes cast in the election;
3
(c) in respect of candidates who the party endorses in a Senate
4
election and who are members of a group--the total number
5
of formal first preference group votes is at least 4% of the
6
total number of formal first preference votes cast in the
7
election.
8
(2) Subject to subsection (3), the amount of election funding to which
9
the registered political party is entitled is the lesser of:
10
(a) the total of the following:
11
(i) $2.31191 for each formal first preference vote given for
12
a candidate in relation to whom paragraph (1)(a) or (b)
13
is satisfied;
14
(ii) subject to section 296, $2.31191 for each formal first
15
preference group vote in respect of a group in relation to
16
which paragraph (1)(c) is satisfied; and
17
(b) the amount of electoral expenditure:
18
(i) claimed in respect of the registered political party for all
19
elections held that day; and
20
(ii) accepted by the Electoral Commission under
21
section 298C.
22
Note:
Subparagraph (a)(ii)--if the candidates in the group are endorsed by 2
23
or more registered political parties, section 296 affects the way formal
24
first preference votes are divided for the purposes of attributing a
25
portion of election funding to each party.
26
(3) If a single claim is made, the amount of election funding to which
27
the registered political parties are entitled is the lesser of:
28
(a) the total of the following:
29
(i) $2.31191 for each formal first preference vote given for
30
a candidate endorsed by any of the parties covered by
31
the claim and in relation to whom paragraph (1)(a) or
32
(b) is satisfied;
33
(ii) subject to section 296, $2.31191 for each formal first
34
preference group vote in respect of a group comprising
35
candidates endorsed by any of the parties covered by the
36
claim and in relation to which paragraph (1)(c) is
37
satisfied; and
38
(b) the amount of electoral expenditure:
39
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 9
(i) claimed in respect of the parties covered by the claim,
1
for all elections held that day; and
2
(ii) accepted by the Electoral Commission under
3
section 298C.
4
Note:
Subparagraph (a)(ii)--if the candidates in the group are endorsed by 2
5
or more registered political parties, section 296 affects the way formal
6
first preference votes are divided for the purposes of attributing a
7
portion of election funding to each party.
8
294 Entitlement to election funding--unendorsed candidates
9
(1) A candidate in an election is entitled to election funding under this
10
section if:
11
(a) the candidate is neither:
12
(i) endorsed by a registered political party; nor
13
(ii) in the case of a Senate election--a member of a group;
14
and
15
(b) the total number of formal first preference votes given for the
16
candidate in the election is at least 4% of the total number of
17
formal first preference votes cast in the election.
18
(2) The amount of election funding to which the candidate is entitled is
19
the lesser of:
20
(a) $2.31191 for each formal first preference vote given for the
21
candidate in the election; and
22
(b) the amount of electoral expenditure:
23
(i) claimed in respect of the candidate for the election; and
24
(ii) accepted by the Electoral Commission under
25
section 298C.
26
295 Entitlement to election funding--unendorsed groups
27
(1) A group in a Senate election is entitled to election funding under
28
this section if:
29
(a) none of the group's members are candidates endorsed by a
30
registered political party; and
31
(b) the total number of formal first preference group votes is at
32
least 4% of the total number of formal first preference votes
33
cast in the Senate election.
34
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
10 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(2) The amount of election funding to which the group is entitled is the
1
lesser of:
2
(a) $2.31191 for each formal first preference group vote in the
3
Senate election; and
4
(b) the amount of electoral expenditure:
5
(i) claimed in respect of the group for the Senate election;
6
and
7
(ii) accepted by the Electoral Commission under
8
section 298C.
9
296 Entitlement to election funding--special rule for joint Senate
10
groups
11
(1) This section applies if 2 or more registered political parties endorse
12
candidates who are members of a group in a Senate election.
13
(2) An agent of one of the registered political parties must, before the
14
polling day for the Senate election, give the Electoral Commission
15
a copy of an agreement made between the parties that sets out, for
16
the purposes of applying subparagraphs 293(2)(a)(ii) and (3)(a)(ii),
17
how the parties agree to divide the formal first preference group
18
votes.
19
(3) The original agreement must have been signed by the agent of each
20
of the parties.
21
(4) If a copy of an agreement is given to the Electoral Commission
22
before the polling day for the Senate election, the formal first
23
preference group votes are to be divided in accordance with the
24
agreement.
25
(5) However, if a copy of an agreement is not given to the Electoral
26
Commission before that day, the formal first preference group
27
votes are to be divided in whatever way the Electoral Commission
28
determines.
29
Subdivision B--Claims for election funding
30
297 Need for a claim
31
(1) To be paid an amount of election funding, a claim must be made
32
by:
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 11
(a) subject to paragraph (b), the agent of a registered political
1
party; or
2
(b) if the claim is a single claim--an agent of one of the
3
registered political parties covered by the claim; or
4
(c) the agent of a candidate or group.
5
(2) The agent may make:
6
(a) an interim claim; or
7
(b) both an interim claim and a final claim; or
8
(c) a final claim.
9
Note:
If an interim claim only is made, see subsection 298C(3).
10
(3) A final claim must specify all electoral expenditure for which
11
election funding is sought, even if some or all of the electoral
12
expenditure has been specified in an interim claim.
13
(4) A final claim may specify electoral expenditure already specified
14
in an interim claim by making reference to the interim claim.
15
(5) Only one interim claim and one final claim may be made.
16
298 Electoral expenditure incurred
17
(1) Unless subsection (2) applies, a claim made by the agent of a
18
registered political party must specify electoral expenditure:
19
(a) incurred by the party, or by candidates endorsed by the party,
20
in relation to all elections held on the same day; and
21
(b) for which election funding is sought.
22
(2) A single claim made by an agent of one of the registered political
23
parties covered by the claim must specify electoral expenditure:
24
(a) incurred by the parties covered by the claim, or by candidates
25
endorsed by any of those parties, in relation to all elections
26
held on the same day; and
27
(b) for which election funding is sought.
28
(3) A claim made by the agent of a candidate in an election must
29
specify electoral expenditure:
30
(a) incurred by the candidate in relation to the election; and
31
(b) for which election funding is sought.
32
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
12 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(4) A claim made by the agent of a group in a Senate election must
1
specify electoral expenditure:
2
(a) incurred by the group, or by candidates who are members of
3
the group, in relation to the election; and
4
(b) for which election funding is sought.
5
298A Form of claim
6
A claim must:
7
(a) specify whether the claim is an interim claim or final claim;
8
and
9
(b) be in the approved form; and
10
(c) provide all the information, and be accompanied by any
11
documents, required by the form.
12
298B Lodging of claim
13
Interim claim
14
(1) If an interim claim is made in relation to an election or elections,
15
the claim must be lodged with the Electoral Commission during the
16
period:
17
(a) beginning on the 20th day after the polling day for the
18
election or elections; and
19
(b) ending 6 months after the polling day for the election or
20
elections.
21
Final claim
22
(2) A final claim in relation to an election or elections must be lodged
23
with the Electoral Commission during the period:
24
(a) beginning on the day after:
25
(i) if the claim relates to only one election--the day on
26
which the writ for the election is returned; or
27
(ii) if the claim relates to 2 or more elections--the day on
28
which the writs for the elections are returned (or, if the
29
writs are returned on different days, the last of those
30
days); and
31
(b) ending 6 months after the polling day for the election or
32
elections.
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 13
Claim cannot be lodged at any other time
1
(3) A claim is taken not to have been made if it is lodged:
2
(a) before the days mentioned in paragraph (1)(a) or (2)(a); or
3
(b) after the 6 month period mentioned in paragraphs (1)(b) and
4
(2)(b).
5
298C Determination of claim
6
(1) The Electoral Commission must, within 20 days of the Electoral
7
Commission receiving a claim:
8
(a) decide whether to accept or refuse the claim, in whole or in
9
part; and
10
(b) to the extent that the Electoral Commission accepts the
11
claim--pay the amount required by section 298D or 298E.
12
(2) In deciding whether to accept or refuse a claim, in whole or in part,
13
the Electoral Commission must only consider:
14
(a) whether expenditure claimed is electoral expenditure; and
15
(b) if expenditure claimed is electoral expenditure--both:
16
(i) whether the electoral expenditure was incurred; and
17
(ii) whether the electoral expenditure has been specified in a
18
claim made by another agent.
19
(3) If an interim claim is accepted, in whole or in part, under
20
section 298D and a final claim is not lodged:
21
(a) no further election funding is payable; and
22
(b) the interim claim is taken to be a final claim accepted by the
23
Electoral Commission for the purposes of subsection 301(1).
24
298D Accepting an interim claim
25
(1) Subsection (2) applies if:
26
(a) an interim claim is made by the agent of a registered political
27
party, candidate or group in relation to an election or
28
elections; and
29
(b) the Electoral Commission accepts the claim, in whole or in
30
part.
31
(2) The Electoral Commission must pay the lesser of:
32
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
14 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(a) 95% of the amount calculated under paragraph 293(2)(a) or
1
(3)(a), 294(2)(a) or 295(2)(a), as applicable, based on formal
2
first preference votes and formal first preference group votes
3
counted as at the 20th day after the polling day for the
4
election or elections; and
5
(b) the amount of electoral expenditure accepted.
6
298E Accepting a final claim
7
(1) Subsection (2) applies if:
8
(a) a final claim is made by the agent of a registered political
9
party, candidate or group in relation to an election or
10
elections; and
11
(b) the Electoral Commission accepts the claim, in whole or in
12
part.
13
(2) The Electoral Commission must pay the lesser of:
14
(a) the amount calculated under paragraph 293(2)(a) or (3)(a),
15
294(2)(a) or 295(2)(a), as applicable; and
16
(b) the amount of electoral expenditure accepted;
17
reduced by any amount that has been paid in accordance with
18
section 298D.
19
298F Refusing a final claim
20
If a final claim is refused, in whole or in part, the Electoral
21
Commission must cause to be served on the agent of the registered
22
political party, candidate or group to which the claim relates, a
23
notice that states that the claim has been refused, in whole or in
24
part, and sets out the reasons for the refusal.
25
298G Application for reconsideration of decision refusing a final
26
claim
27
(1) If a final claim is refused, in whole or in part, the agent of the
28
registered political party, candidate or group to which the claim
29
relates may apply to the Electoral Commission for the Electoral
30
Commission to reconsider the decision.
31
(2) The application must:
32
(a) be in writing; and
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 15
(b) set out the reasons for the application.
1
(3) The application must be made within:
2
(a) 28 days after the day on which the relevant agent is notified
3
of the refusal; or
4
(b) if, either before or after the end of that period of 28 days, the
5
Electoral Commission extends the period within which the
6
application may be made--the extended period for making
7
the application.
8
298H Reconsideration by Electoral Commission
9
(1) Upon receiving such an application, the Electoral Commission
10
must:
11
(a) reconsider the decision; and
12
(b)
decide
to:
13
(i) affirm the decision; or
14
(ii) vary the decision; or
15
(iii) set aside the decision and make another decision.
16
(2) The Electoral Commission must give to the relevant agent a notice
17
stating the decision on the reconsideration together with a
18
statement of the reasons for the decision.
19
(3) If the Electoral Commission's decision on the reconsideration
20
would require an amount, or an additional amount, of election
21
funding to be paid, the Electoral Commission must pay the amount
22
within 20 days of the day of its decision.
23
(4) The Electoral Commission may not delegate its power under
24
subsection (1).
25
Subdivision C--Payments of election funding
26
24 Subsection 299(1)
27
Omit all the words before paragraph (a), substitute:
28
(1) Subject to subsection (2), if an amount of election funding is
29
payable in respect of a candidate or candidates endorsed by a
30
registered political party, the Electoral Commission must:
31
25 Subsections 299(2) to (5)
32
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
16 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Repeal the subsections, substitute:
1
(2) If an amount of election funding is payable in respect of a single
2
claim, the Electoral Commission must pay the amount to the agent
3
who makes the single claim.
4
(3) If subsections (1) and (2) do not apply and an amount of election
5
funding is payable in respect of a candidate, the Electoral
6
Commission must pay the amount to the candidate's agent.
7
(4) If subsections (1) and (2) do not apply and an amount of election
8
funding is payable in respect of a group, the Electoral Commission
9
must pay the amount to the group's agent.
10
26 Subsections 299(5D) and (6)
11
Repeal the subsections.
12
27 Sections 300 and 301
13
Repeal the sections, substitute:
14
Subdivision D--Miscellaneous
15
300 Death of candidates or group members
16
Death of candidate
17
(1) If formal first preference votes were given for a candidate in an
18
election, a payment may be made in respect of the candidate even
19
if the candidate dies.
20
(2) If the candidate was neither:
21
(a) endorsed by a registered political party; nor
22
(b) a member of a group;
23
and was his or her own agent for the purposes of this Part, the
24
payment may be made to the candidate's legal personal
25
representative.
26
Death of member of group
27
(3) If group votes were given in a Senate election in relation to a group
28
of candidates, a payment may be made for the group even if a
29
candidate who was a member of the group dies.
30
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 17
(4)
If:
1
(a) none of a group's members were candidates endorsed by a
2
registered political party; and
3
(b) the member of the group who died was the group's agent for
4
the purposes of this Part;
5
the payment may be made to another member of the group as if
6
that other member were the group's agent for the purposes of this
7
Part.
8
301 Varying decisions accepting claims
9
(1)
If:
10
(a) the Electoral Commission has made a decision (the claim
11
decision) under section 298C to accept an amount of
12
electoral expenditure specified in a final claim; and
13
(b) the Electoral Commission becomes satisfied that:
14
(i) the amount of electoral expenditure should not have
15
been accepted; or
16
(ii) only a lesser amount of electoral expenditure should
17
have been accepted;
18
the Electoral Commission may vary the claim decision
19
accordingly.
20
(2) If the Electoral Commission makes a decision (the variation
21
decision) to vary the claim decision, sections 298F, 298G and
22
298H apply in relation to the variation decision as if it were, to the
23
extent of the variation, a decision of the Commission to refuse the
24
claim.
25
(3)
If:
26
(a) the Electoral Commission varies the claim decision; and
27
(b) the total amount of election funding that has been paid to a
28
person in respect of the final claim, and any interim claim,
29
exceeds the amount that, under the claim decision as varied,
30
should have been paid to the person in respect of the final
31
claim;
32
the amount of the excess is an overpayment, and may be recovered
33
by the Commonwealth as a debt due to the Commonwealth by
34
action against the person.
35
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
18 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(4) If an interim claim has been made, then in working out the amount
1
that, under the claim decision as varied, should have been paid to
2
the person as mentioned in subsection (3), the amount paid to the
3
person in respect of the interim claim is not to be deducted.
4
301A References to the agent of a registered political party if single
5
claim made
6
If a single claim has been made, a reference in sections 298D,
7
298E, 298F and 298G to the agent of a registered political party is
8
taken to include a reference to the agent who makes the single
9
claim.
10
28 After section 303
11
Insert:
12
303A How Division applies to gifts that are returned etc. within 6
13
weeks
14
Division generally does not apply to gifts returned within 6 weeks
15
of receipt
16
(1) Subject to subsections (2) to (5), this Division does not apply to a
17
gift that is returned within 6 weeks after its receipt.
18
Division applies to gifts of foreign property, whether or not
19
returned
20
(2) This Division applies to a gift of foreign property within the
21
meaning of Subdivision A of Division 4A, whether or not the gift
22
is returned within 6 weeks as mentioned in section 306AA.
23
(3) If the gift is so returned, any return under this Division that
24
includes the amount or value of the gift must also include a
25
statement to the effect that the gift was so returned.
26
Division applies to anonymous gifts, whether or not returned or
27
paid to the Commonwealth
28
(4) This Division applies to an anonymous gift within the meaning of
29
Subdivision B of Division 4A, whether or not the gift is returned,
30
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 19
or the amount or value of the gift is paid to the Commonwealth,
1
within 6 weeks as mentioned in section 306AG.
2
(5) If the gift is so returned, or the amount or value of the gift is so
3
paid to the Commonwealth, any return under this Division that
4
includes the amount or value of the gift must also include a
5
statement to the effect that the gift was so returned, or that the
6
amount or value of the gift was so paid to the Commonwealth.
7
29 Subsection 304(2)
8
Omit "15 weeks", substitute "8 weeks".
9
30 Subsection 304(2)
10
Omit all the words after "in an approved form,", substitute:
11
setting
out:
12
(a) the total amount or value of all gifts received by the person
13
during the disclosure period for the election; and
14
(b) for gifts other than permitted anonymous gifts received by
15
the person during the disclosure period for the election--the
16
number of persons who made the gifts, and the relevant
17
details of each gift; and
18
(c) for each general public activity or private event at which
19
permitted anonymous gifts were received by the person
20
during the disclosure period for the election:
21
(i) the date and nature of the activity or event; and
22
(ii) the total amount of permitted anonymous gifts received
23
at the activity or event; and
24
(iii) for a private event in relation to which an excess was
25
returned, or the amount of an excess was paid to the
26
Commonwealth, as mentioned in paragraph
27
306AF(4)(d)--the amount of the excess, and a
28
statement to the effect that the excess was so returned or
29
so paid to the Commonwealth.
30
31 Subsection 304(3)
31
Omit "15 weeks", substitute "8 weeks".
32
32 Subsection 304(3)
33
Omit all the words after "in an approved form,", substitute:
34
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
20 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
setting
out:
1
(a) the total amount or value of all gifts received by the group
2
during the disclosure period for the election; and
3
(b) for gifts other than permitted anonymous gifts received by
4
the group during the disclosure period for the election--the
5
number of persons who made the gifts, and the relevant
6
details of each gift; and
7
(c) for each general public activity or private event at which
8
permitted anonymous gifts were received by the group during
9
the disclosure period for the election:
10
(i) the date and nature of the activity or event; and
11
(ii) the total amount of permitted anonymous gifts received
12
at the activity or event; and
13
(iii) for a private event in relation to which an excess was
14
returned, or the amount of an excess was paid to the
15
Commonwealth, as mentioned in paragraph
16
306AF(4)(d)--the amount of the excess, and a
17
statement to the effect that the excess was so returned or
18
so paid to the Commonwealth.
19
33 Subsection 304(4)
20
Omit "the purposes of this section", substitute "the purposes of
21
paragraphs (2)(b) and (3)(b)".
22
34 Subparagraph 304(5)(b)(ii)
23
Omit "$10,000 or less", substitute "less than $1,000".
24
35 Paragraph 304(5)(c)
25
Omit "$10,000 or less", substitute "less than $1,000".
26
36 Subsection 304(5) (note)
27
Repeal the note.
28
37 Paragraph 304(6)(b)
29
Omit "exceeds $10,000", substitute "is $1,000 or more".
30
38 Paragraph 304(6)(c)
31
Omit "exceeds $10,000", substitute "is $1,000 or more".
32
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 21
39 Subsection 304(6) (note)
1
Repeal the note.
2
40 At the end of section 304
3
Add:
4
Nil returns
5
(9) If no details are required to be included in a return under this
6
section in respect of a candidate, the return must still be lodged and
7
must include a statement to the effect that no gifts of a kind
8
required to be disclosed were received.
9
(10) If no details are required to be included in a return under this
10
section in respect of a group, the return must still be lodged and
11
must include a statement to the effect that no gifts of a kind
12
required to be disclosed were received.
13
41 Subparagraph 305A(1)(b)(ii)
14
Omit "more than $10,000", substitute "$1,000 or more".
15
42 Subsection 305A(1) (note)
16
Repeal the note.
17
43 Subparagraph 305A(1A)(b)(ii)
18
Omit "more than $10,000", substitute "$1,000 or more".
19
44 Subsection 305A(1A) (note)
20
Repeal the note.
21
45 Paragraph 305A(2)(b)
22
Omit "more than $10,000", substitute "$1,000 or more".
23
46 Subsection 305A(2) (note)
24
Repeal the note.
25
47 Paragraph 305A(3)(a)
26
Omit "15 weeks", substitute "8 weeks".
27
48 Subsections 305B(1) and (2)
28
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
22 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Repeal the subsections, substitute:
1
Obligation to furnish returns for reporting periods
2
(1) Subject to subsections (2A) and (2B), if, in a reporting period, a
3
person makes gifts totalling $1,000 or more to the same registered
4
political party, the person must furnish a return to the Electoral
5
Commission within 8 weeks after the end of the reporting period,
6
disclosing all the gifts that the person made to the registered
7
political party during the reporting period.
8
How section applies to political parties that are related
9
(1A)
If:
10
(a) 2 or more political parties are related to each other; and
11
(b) at least one of those parties is a registered political party;
12
subsection (1) applies as if:
13
(c) those parties together constituted a single registered political
14
party (rather than being separate political parties); and
15
(d) a gift made by a person to any of those parties were a gift
16
made by that person to the single registered political party
17
referred to in paragraph (c).
18
How section applies to gifts made with intention of benefiting a
19
party
20
(2) If a person makes a gift to any person or body with the intention of
21
benefiting a particular political party, the person is taken for the
22
purpose of this section (including paragraph (1A)(d)) to have made
23
that gift directly to that political party.
24
Half-year returns: effect on obligation to furnish full year return
25
(2A) If a person:
26
(a) has furnished a return to the Electoral Commission disclosing
27
a gift or gifts that the person made to a registered political
28
party during a reporting period that is the first 6 months of a
29
financial year; and
30
(b) has not made any further gifts to the registered political party
31
during the remainder of the financial year;
32
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 23
the person is not required to furnish a return to the Electoral
1
Commission under subsection (1) in respect of the reporting period
2
that is the full financial year.
3
(2B) A return furnished by a person under subsection (1) in respect of a
4
reporting period that is a full financial year does not have to
5
disclose any gift made by the person that has already been
6
disclosed in a return under subsection (1) in respect of the
7
reporting period that is the first 6 months of that financial year.
8
49 Paragraph 305B(3)(c)
9
Omit "registered political party or branch", substitute "political party
10
that received the gift".
11
Note:
The following heading to subsection 305B(3) is inserted "Content of return".
12
50 Subsection 305B(3A)
13
Repeal the subsection, substitute:
14
Disclosure of receipt of gifts in certain circumstances
15
(3A)
If:
16
(a) a person is required to disclose a gift (the ultimate gift) in a
17
return under subsection (1); and
18
(b) the person received a gift of $1,000 or more (the enabling
19
gift) which the person used to make all or a substantial part
20
of the ultimate gift;
21
the person must also disclose the relevant details of the enabling
22
gift in the return under subsection (1).
23
Note 1: The following heading to subsection 305B(4) is inserted "Return to be in approved
24
form".
25
Note 2: The following heading to subsection 305B(5) is inserted "Gifts to which section does
26
not apply".
27
51 Section 306
28
Repeal the section, substitute:
29
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
24 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Division 4A--Rules about certain gifts and loans
1
Subdivision A--Gifts of foreign property
2
306 Interpretation
3
(1) In this Subdivision:
4
Australian property means:
5
(a) money standing to the credit of an account kept in Australia;
6
or
7
(b) other money (for example, cash) that is located in Australia;
8
or
9
(c) property, other than money, that is located in Australia.
10
Note:
For how this Subdivision applies to gifts or transfers made using a
11
credit card, see subsection 306AB(4).
12
candidacy period, in relation to a candidate, means the period:
13
(a) starting on the earlier of the day on which the person
14
announces that he or she will be a candidate in an election, or
15
the day on which the nomination of the person as a candidate
16
in the election is made; and
17
(b) ending 30 days after the polling day in the election.
18
credit card means:
19
(a) any article of a kind commonly known as a credit card; or
20
(b) any similar article intended for use in obtaining cash, goods
21
or services on credit;
22
and includes any article of a kind that persons carrying on business
23
commonly issue to their customers or prospective customers for
24
use in obtaining goods or services from those persons on credit.
25
enables: a gift or other transfer enables a person or entity to do a
26
particular thing if all or a substantial part of the gift or transfer
27
enables the person or entity:
28
(a) to do all or a substantial part of that thing; or
29
(b) to be wholly or substantially reimbursed for having done that
30
thing.
31
foreign property means:
32
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 25
(a) money standing to the credit of an account kept outside
1
Australia; or
2
(b) other money (for example, cash) that is located outside
3
Australia; or
4
(c) property, other than money, that is located outside Australia.
5
Note:
For how this Subdivision applies to gifts or transfers made using a
6
credit card, see subsection 306AB(4).
7
gift:
8
(a) in relation to a candidate, has a meaning affected by
9
subsection (2); and
10
(b) in relation to a member of a group, has a meaning affected by
11
subsection (3).
12
group period, in relation to a group, means the period:
13
(a) starting on the day on which the persons constituting the
14
group make a request under section 168 in relation to an
15
election; and
16
(b) ending 30 days after the polling day in the election.
17
political expenditure means expenditure incurred for any of the
18
purposes specified in paragraph 314AEB(1)(a).
19
(2) A reference in this Subdivision to a gift, in relation to a candidate
20
(or a person acting on behalf of a candidate), does not include:
21
(a) a gift made for the benefit of a group of which the candidate
22
is a member; or
23
(b) a gift made in a private capacity to (or for the benefit of) the
24
candidate if the candidate has not used, and will not use, the
25
gift solely or substantially for a purpose related to an
26
election.
27
(3) A reference in this Subdivision to a gift, in relation to a member of
28
a group (or a person acting on behalf of a group), is a reference to a
29
gift made for the benefit of the group.
30
(4) A reference in this Subdivision to a thing done by a person
31
includes a reference to a thing done by a person on behalf of the
32
members of an unincorporated association.
33
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
26 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
306AA Subdivision does not apply to gifts that are returned within 6
1
weeks
2
This Subdivision does not apply to a gift that is returned within 6
3
weeks after its receipt.
4
306AB Determining whether a gift or transfer is of Australian or
5
foreign property
6
Status of property as Australian or foreign to be determined by
7
reference to position immediately before gift or transfer
8
(1) For the purpose of this Subdivision (but without limiting the effect
9
of subsections (2) and (3)):
10
(a) a gift or transfer of property is a gift or transfer of Australian
11
property if the property was Australian property immediately
12
before the gift or transfer was made; and
13
(b) a gift or transfer of property is a gift or transfer of foreign
14
property if the property was foreign property immediately
15
before the gift or transfer was made.
16
Transferring foreign property to enable another person to make a
17
gift
18
(2) For the purpose of this Subdivision, if:
19
(a) a person (the donor) transfers foreign property (the primary
20
transfer) to another person (the first recipient); and
21
(b) the donor's main purpose in making the primary transfer is to
22
enable (directly or indirectly) the first recipient, or another
23
person, to make a gift to another person or entity (the
24
ultimate recipient); and
25
(c) the first recipient, or another person, makes a gift (the
26
ultimate gift) to the ultimate recipient; and
27
(d) the primary transfer enabled (directly or indirectly) the first
28
recipient, or the other person, to make the ultimate gift;
29
the ultimate gift is taken to be a gift of foreign property.
30
Changing location of foreign property etc. prior to making a gift or
31
transfer
32
(3) For the purpose of this Subdivision, if:
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 27
(a)
a
person:
1
(i) changes the location of property so that it becomes
2
Australian property; or
3
(ii) uses foreign property to acquire Australian property;
4
and
5
(b) the person's main purpose in changing the location of the
6
property, or in acquiring the Australian property, was to
7
enable the person to make a gift or transfer of property that
8
would be Australian property rather than foreign property;
9
and
10
(c) the person makes a gift or transfer of Australian property in
11
accordance with that purpose;
12
the gift or transfer is taken to be a gift or transfer of foreign
13
property.
14
How Subdivision applies to gifts or transfers made by credit card
15
(4) This Subdivision applies to a gift or transfer of money made by use
16
of a credit card as if the gift or transfer were of money standing to
17
the credit of an account kept in the country in which the credit card
18
is based.
19
306AC Gifts of foreign property: when unlawful for political party,
20
candidate etc. to receive gift
21
When receiving gift is unlawful
22
(1) It is unlawful for a person or entity to receive a gift of foreign
23
property in any of the following circumstances:
24
(a) the gift is received by a registered political party (or by a
25
person acting on behalf of a registered political party);
26
(b) the gift is received by a State branch of a registered political
27
party (or by a person acting on behalf of a State branch of a
28
registered political party);
29
(c) the gift is received by a candidate (or by a person acting on
30
behalf of a candidate) during the candidacy period;
31
(d) the gift is received by a member of a group (or by a person
32
acting on behalf of a group) during the group period.
33
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
28 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Liability for unlawful receipt of gift
1
(2) If a person or entity specified in column 2 of an item in the
2
following table receives a gift that, under subsection (1), it is
3
unlawful for the person or entity to receive, an amount equal to the
4
amount or value of the gift is payable to the Commonwealth by the
5
person or persons specified in column 3 of that item.
6
7
Liability for unlawful receipt of gift
Column 1
Item
Column 2
If the recipient is ...
Column 3
the amount is payable by ...
1
a registered political party that
is a body corporate (or a person
acting on behalf of such a party)
the registered political party.
2
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.
3
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.
4
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.
5
a candidate (or a person acting
on behalf of a candidate)
the candidate and the agent of the
candidate.
6
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.
8
(3) If, under subsection (2), an amount is payable to the
9
Commonwealth by 2 or more persons, those persons are jointly and
10
severally liable for the payment of the amount.
11
(4) An amount that, under subsection (2), is payable by a person or
12
persons to the Commonwealth may be recovered by the
13
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 29
Commonwealth as a debt due to the Commonwealth by action, in a
1
court of competent jurisdiction, against that person or any one or
2
more of those persons.
3
306AD Gifts of foreign property made to enable incurring of
4
political expenditure: when unlawful to use or receive gift
5
Persons other than candidates and members of groups (current
6
and former) and associated entities: when incurring expenditure is
7
unlawful
8
(1) It is unlawful for a person (the recipient) to incur an amount of
9
political expenditure if:
10
(a)
the
recipient:
11
(i) is not, and has not at any time been, a candidate or a
12
member of a group; and
13
(ii) is not an associated entity; and
14
(b) a gift of foreign property received by the recipient from
15
another person (the donor) enabled the recipient to incur the
16
expenditure; and
17
(c) the donor's main purpose in making the gift of foreign
18
property was to enable the recipient to incur political
19
expenditure; and
20
(d) the recipient is required by section 314AEB to provide a
21
return setting out details of the expenditure (whether or not
22
that return has been provided).
23
Candidates and members of groups (current and former): when
24
incurring expenditure is unlawful
25
(2) It is unlawful for a person (the recipient) to incur an amount of
26
political expenditure if:
27
(a) the recipient is, or has at any time been, a candidate or a
28
member of a group; and
29
(b) a gift of foreign property received by the recipient from
30
another person (the donor) enabled the recipient to incur the
31
expenditure; and
32
(c) the donor's main purpose in making the gift of foreign
33
property was to enable the recipient to incur political
34
expenditure.
35
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
30 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Associated entities: when receiving gift is unlawful
1
(3) It is unlawful for an associated entity to receive a gift of foreign
2
property from a person (the donor) if the donor's main purpose in
3
making the gift is to enable the associated entity to incur political
4
expenditure.
5
(4) In subsections (3) and (6), a reference to an associated entity
6
receiving a gift or incurring expenditure is, if the entity is not a
7
body corporate, a reference to a person receiving a gift or incurring
8
expenditure on behalf of the entity.
9
Liability for unlawful incurring of expenditure or receipt of gift
10
(5) If a person incurs an amount of political expenditure that is
11
unlawful under subsection (1) or (2), an amount equal to the
12
amount of the expenditure is payable to the Commonwealth by the
13
person.
14
(6) If an associated entity receives a gift that, under subsection (3), it is
15
unlawful for the associated entity to receive, an amount equal to
16
the amount or value of the gift is payable to the Commonwealth in
17
accordance with whichever of the following paragraphs applies:
18
(a) if the associated entity is a body corporate, or is the trustee of
19
a trust--the amount is payable to the Commonwealth by the
20
associated entity;
21
(b) if the associated entity is not a body corporate--the amount
22
is payable to the Commonwealth by the financial controller
23
of the associated entity.
24
(7) An amount that, under subsection (5) or (6), is payable by a person
25
to the Commonwealth may be recovered by the Commonwealth as
26
a debt due to the Commonwealth by action, in a court of competent
27
jurisdiction, against that person.
28
Subdivision B--Anonymous gifts
29
306AE Interpretation
30
(1) In this Subdivision:
31
anonymous gift: a gift is an anonymous gift if the gift is not made
32
by a known donor.
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 31
candidacy period, in relation to a candidate, means the period:
1
(a) starting on the earlier of the day on which the person
2
announces that he or she will be a candidate in an election, or
3
the day on which the nomination of the person as a candidate
4
in the election is made; and
5
(b) ending 30 days after the polling day in the election.
6
enables: a gift enables a person or entity to do a particular thing if
7
all or a substantial part of the gift enables the person or entity:
8
(a) to do all or a substantial part of that thing; or
9
(b) to be wholly or substantially reimbursed for having done that
10
thing.
11
gift:
12
(a) in relation to a candidate, has a meaning affected by
13
subsection (2); and
14
(b) in relation to a member of a group, has a meaning affected by
15
subsection (3).
16
group period, in relation to a group, means the period:
17
(a) starting on the day on which the persons constituting the
18
group make a request under section 168 in relation to an
19
election; and
20
(b) ending 30 days after the polling day in the election.
21
known donor: a gift is made by a known donor if:
22
(a) at the time when the gift is made:
23
(i) the person making the gift (the donor) gives the donor's
24
name and address to the person receiving the gift; and
25
(ii) the person receiving the gift has no grounds to believe
26
that the name and address so given are not the donor's
27
true name and address; or
28
(b) the name and address of the donor are otherwise known to
29
the person receiving the gift.
30
political expenditure means expenditure incurred for any of the
31
purposes specified in paragraph 314AEB(1)(a).
32
(2) A reference in this Subdivision to a gift, in relation to a candidate
33
(or a person acting on behalf of a candidate), does not include:
34
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
32 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(a) a gift made for the benefit of a group of which the candidate
1
is a member; or
2
(b) a gift made in a private capacity to (or for the benefit of) the
3
candidate if the candidate has not used, and will not use, the
4
gift solely or substantially for a purpose related to an
5
election.
6
(3) A reference in this Subdivision to a gift, in relation to a member of
7
a group (or a person acting on behalf of a group), is a reference to a
8
gift made for the benefit of the group.
9
(4) A reference in the definition of known donor in subsection (1) to
10
the donor's name and address is:
11
(a) in the case of a gift made on behalf of the members of an
12
unincorporated association, other than a registered industrial
13
organisation--a reference to:
14
(i) the name of the association; and
15
(ii) the names and addresses of the members of the
16
executive committee (however described) of the
17
association; and
18
(b) in the case of a gift purportedly made out of a trust fund or
19
out of the funds of a foundation--a reference to:
20
(i) the names and addresses of the trustees of the fund or of
21
the funds of the foundation; and
22
(ii) the title or other description of the trust fund or the
23
name of the foundation, as the case requires.
24
(5) A reference in this Subdivision to a thing done by a person
25
includes a reference to a thing done by a person on behalf of the
26
members of an unincorporated association.
27
306AF Meaning of permitted anonymous gift
28
Anonymous gifts made at general public activities
29
(1) An anonymous gift received by or on behalf of a person or entity
30
(the recipient) is a permitted anonymous gift if:
31
(a) the amount of the gift is $50 or less; and
32
(b) the gift is received at a general public activity (see
33
subsection (3)); and
34
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 33
(c) a person involved in the organisation of the activity makes a
1
record, for the purpose of this section, of:
2
(i) the date, location and nature of the activity; and
3
(ii) the names and addresses of the people involved in the
4
collection or receipt of gifts at the activity; and
5
(iii) the total amount of anonymous gifts received by or on
6
behalf of the recipient at the activity.
7
(2)
If:
8
(a) a particular person makes 2 or more gifts for the recipient at
9
the activity; and
10
(b) a person involved in the collection or receipt of gifts at the
11
activity knows that the gifts are from the same person, and
12
that the total of the gifts exceeds $50;
13
then, despite subsection (1), so much of those gifts as equals the
14
excess is not a permitted anonymous gift.
15
(3)
A
general public activity is an activity that is conducted in a public
16
place or in some other place to which members of the public have
17
ready access.
18
Note:
General public activities include, for example, street stalls and stalls at
19
fetes.
20
Anonymous gifts made at private events
21
(4) An anonymous gift received by or on behalf of a person or entity
22
(the recipient) is a permitted anonymous gift if:
23
(a) the amount of the gift is $50 or less; and
24
(b) the gift is received at a private event (see subsection (6)); and
25
(c) a person involved in the organisation of the event makes a
26
record, for the purpose of this section, of:
27
(i) the date, location and nature of the event; and
28
(ii) the number of people who attended the event; and
29
(iii) the names and addresses of the people involved in the
30
collection or receipt of gifts at the event; and
31
(iv) the total amount of anonymous gifts received by or on
32
behalf of the recipient at the event; and
33
(d) if the total amount of anonymous gifts received by or on
34
behalf of the recipient at the event exceeds the amount
35
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
34 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
worked out by multiplying $50 by the number of people who
1
attend the event--within 6 weeks of the event:
2
(i) the excess is returned; or
3
(ii) if it is not possible or practicable to return the excess--
4
the amount of the excess is paid to the Commonwealth.
5
(5)
If:
6
(a) a particular person makes 2 or more gifts for the recipient at
7
the event; and
8
(b) a person involved in the collection or receipt of gifts at the
9
event knows that the gifts are from the same person, and that
10
the total of the gifts exceeds $50;
11
then, despite subsection (4), so much of those gifts as equals the
12
excess is not a permitted anonymous gift.
13
(6)
A
private event is a function, meeting or other event that is not a
14
general public activity.
15
Section only applies to gifts of money
16
(7) This section only applies in relation to gifts of money.
17
306AG Subdivision does not apply to gifts that are returned or paid
18
to Commonwealth within 6 weeks
19
This Subdivision does not apply to a gift if, within 6 weeks of the
20
receipt of the gift:
21
(a) the gift is returned; or
22
(b) if it is not possible or practicable to return the gift--the
23
amount or value of the gift is paid to the Commonwealth.
24
306AH Anonymous gifts: when unlawful for political party,
25
candidate etc. to receive gift
26
When receiving gift is unlawful
27
(1) It is unlawful for an anonymous gift that is not a permitted
28
anonymous gift to be received in any of the following
29
circumstances:
30
(a) the gift is received by a registered political party (or by a
31
person acting on behalf of a registered political party);
32
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 35
(b) the gift is received by a State branch of a registered political
1
party (or by a person acting on behalf of a State branch of a
2
registered political party);
3
(c) the gift is received by a candidate (or by a person acting on
4
behalf of a candidate) during the candidacy period;
5
(d) the gift is received by a member of a group (or by a person
6
acting on behalf of a group) during the group period.
7
Liability for unlawful receipt of gift
8
(2) If a person or entity specified in column 2 of an item in the
9
following table receives a gift that, under subsection (1), it is
10
unlawful for the person or entity to receive, an amount equal to the
11
amount or value of the gift is payable to the Commonwealth by the
12
person or persons specified in column 3 of that item.
13
14
Liability for unlawful receipt of gift
Column 1
Item
Column 2
If the recipient is ...
Column 3
the amount is payable by ...
1
a registered political party that
is a body corporate (or a person
acting on behalf of such a party)
the registered political party.
2
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.
3
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.
4
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.
5
a candidate (or a person acting
on behalf of a candidate)
the candidate and the agent of the
candidate.
6
a member of a group (or a
person acting on behalf of a
the members of the group and the
agent of the group.
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
36 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Liability for unlawful receipt of gift
Column 1
Item
Column 2
If the recipient is ...
Column 3
the amount is payable by ...
group)
1
(3) If, under subsection (2), an amount is payable to the
2
Commonwealth by 2 or more persons, those persons are jointly and
3
severally liable for the payment of the amount.
4
(4) An amount that, under subsection (2), is payable by a person or
5
persons to the Commonwealth may be recovered by the
6
Commonwealth as a debt due to the Commonwealth by action, in a
7
court of competent jurisdiction, against that person or any one or
8
more of those persons.
9
306AI Anonymous gifts: when unlawful for political party,
10
candidate etc. to receive gift made using anonymous gift
11
When receiving gift is unlawful
12
(1) It is unlawful for a person or entity to receive a gift (the political
13
gift) from a person (the donor) if:
14
(a) the political gift is received in any of the following
15
circumstances:
16
(i) the gift is received by a registered political party (or by
17
a person acting on behalf of a registered political party);
18
(ii) the gift is received by a State branch of a registered
19
political party (or by a person acting on behalf of a State
20
branch of a registered political party);
21
(iii) the gift is received by a candidate (or by a person acting
22
on behalf of a candidate) during the candidacy period;
23
(iv) the gift is received by a member of a group (or by a
24
person acting on behalf of a group) during the group
25
period; and
26
(b) an anonymous gift received by the donor enabled the donor
27
to make the political gift; and
28
(c) the anonymous gift is not a permitted anonymous gift.
29
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 37
Liability for unlawful receipt of gift
1
(2) If a person or entity specified in column 2 of an item in the
2
following table receives a gift that, under subsection (1), it is
3
unlawful for the person or entity to receive, an amount equal to the
4
amount or value of the gift is payable to the Commonwealth by the
5
person or persons specified in column 3 of that item.
6
7
Liability for unlawful receipt of gift
Column 1
Item
Column 2
If the recipient is ...
Column 3
the amount is payable by ...
1
a registered political party that
is a body corporate (or a person
acting on behalf of such a party)
the registered political party.
2
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.
3
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.
4
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.
5
a candidate (or a person acting
on behalf of a candidate)
the candidate and the agent of the
candidate.
6
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.
8
(3) If, under subsection (2), an amount is payable to the
9
Commonwealth by 2 or more persons, those persons are jointly and
10
severally liable for the payment of the amount.
11
(4) An amount that, under subsection (2), is payable by a person or
12
persons to the Commonwealth may be recovered by the
13
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
38 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Commonwealth as a debt due to the Commonwealth by action, in a
1
court of competent jurisdiction, against that person or any one or
2
more of those persons.
3
306AJ Anonymous gifts: when unlawful for person to incur political
4
expenditure using anonymous gift
5
Persons other than candidates and members of groups (current
6
and former): when incurring expenditure is unlawful
7
(1) It is unlawful for a person to incur an amount of political
8
expenditure if:
9
(a) the person is not, and has not at any time been, a candidate or
10
a member of a group; and
11
(b) an anonymous gift received by the person enabled the person
12
to incur the expenditure; and
13
(c) the anonymous gift is not a permitted anonymous gift; and
14
(d) the person is required by section 314AEB to provide a return
15
setting out details of the expenditure (whether or not that
16
return has been provided).
17
Candidates and members of groups (current and former): when
18
incurring expenditure is unlawful
19
(2) It is unlawful for a person to incur an amount of political
20
expenditure if:
21
(a) the person is, or has at any time been, a candidate or a
22
member of a group; and
23
(b) an anonymous gift received by the person enabled the person
24
to incur the expenditure; and
25
(c) the anonymous gift is not a permitted anonymous gift.
26
Liability for unlawful incurring of expenditure
27
(3) If a person incurs an amount of political expenditure that is
28
unlawful under subsection (1) or (2), an amount equal to the
29
amount of the expenditure is payable to the Commonwealth by the
30
person.
31
(4) An amount that, under subsection (3), is payable by a person to the
32
Commonwealth may be recovered by the Commonwealth as a debt
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 39
due to the Commonwealth by action, in a court of competent
1
jurisdiction, against that person.
2
Subdivision C--Other gifts and loans
3
52 Subsection 306A(1)
4
Omit "more than $10,000", substitute "$1,000 or more".
5
53 Subsection 306A(1) (note)
6
Repeal the note.
7
54 Subsection 306A(2)
8
Omit "more than $10,000", substitute "$1,000 or more".
9
55 Subsection 306A(2) (note)
10
Repeal the note.
11
56 Paragraph 306B(a)
12
Omit "exceeds $10,000", substitute "is $1,000 or more".
13
57 Section 306B (note 3)
14
Repeal the note.
15
58 Section 307
16
Repeal the section.
17
59 Section 308
18
Repeal the section.
19
60 Subsection 309(1A)
20
After "electoral expenditure", insert ", of a kind mentioned in
21
paragraph (a) of the definition of that expression,".
22
61 Subsection 309(2)
23
Omit "15 weeks", substitute "8 weeks".
24
62 Subsection 309(2)
25
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
40 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
After "electoral expenditure", insert ", of a kind mentioned in
1
paragraph (a) of the definition of that expression,".
2
63 Subsection 309(3)
3
Omit "15 weeks", substitute "8 weeks".
4
64 Subsection 309(3)
5
After "electoral expenditure", insert ", of a kind mentioned in
6
paragraph (a) of the definition of that expression,".
7
65 Subsection 311A(2)
8
Omit "$10,000 or less", substitute "less than $1,000".
9
66 Subsection 311A(2) (note)
10
Repeal the note.
11
67 Division 5A of Part XX (heading)
12
Repeal the heading, substitute:
13
Division 5A--Returns for reporting periods by registered
14
political parties and other persons
15
68 After section 314AA
16
Insert:
17
314AAA How Division applies to gifts that are returned etc. within 6
18
weeks
19
Division generally does not apply to gifts returned within 6 weeks
20
of receipt
21
(1) Subject to subsections (2) to (5), this Division does not apply to a
22
gift that is returned within 6 weeks after its receipt.
23
Division applies to gifts of foreign property, whether or not
24
returned
25
(2) This Division applies to a gift of foreign property within the
26
meaning of Subdivision A of Division 4A, whether or not the gift
27
is returned within 6 weeks as mentioned in section 306AA.
28
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 41
(3) If the gift is so returned, any return under this Division that
1
includes the amount or value of the gift must also include a
2
statement to the effect that the gift was so returned.
3
Division applies to anonymous gifts, whether or not returned or
4
paid to the Commonwealth
5
(4) This Division applies to an anonymous gift within the meaning of
6
Subdivision B of Division 4A, whether or not the gift is returned,
7
or the amount or value of the gift is paid to the Commonwealth,
8
within 6 weeks as mentioned in section 306AG.
9
(5) If the gift is so returned, or the amount or value of the gift is so
10
paid to the Commonwealth, any return under this Division that
11
includes the amount or value of the gift must also include a
12
statement to the effect that the gift was so returned, or that the
13
amount or value of the gift was so paid to the Commonwealth.
14
69 Subsection 314AB(1)
15
Omit "within 16 weeks after the end of each financial year beginning on
16
or after 1 July 1992", substitute "within 8 weeks after the end of each
17
reporting period".
18
Note:
The heading to section 314AB is altered by omitting "Annual returns" and substituting
19
"Returns for reporting periods".
20
70 Paragraph 314AB(1)(b)
21
Omit "audited annual accounts", substitute "audited accounts, for the
22
reporting period,".
23
71 Subsection 314AB(2)
24
Omit "financial year" (wherever occurring), substitute "reporting
25
period".
26
72 Subsection 314AC(1)
27
Omit "financial year is more than $10,000", substitute "reporting period
28
is $1,000 or more".
29
73 Subsection 314AC(1) (note)
30
Repeal the note.
31
74 Subsection 314AC(2)
32
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
42 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Repeal the subsection.
1
75 At the end of section 314AC
2
Add:
3
(4) If the total amount received by, or on behalf of, the party during a
4
reporting period includes one or more permitted anonymous gifts,
5
the return must include, for each general public activity or private
6
event at which the gifts were received:
7
(a) the date and nature of the activity or event; and
8
(b) the total amount of permitted anonymous gifts received at the
9
activity or event; and
10
(c) for a private event in relation to which an excess was
11
returned, or the amount of an excess was paid to the
12
Commonwealth, as mentioned in paragraph 306AF(4)(d)--
13
the amount of the excess, and a statement to the effect that
14
the excess was so returned or so paid to the Commonwealth.
15
76 Subsection 314AE(1)
16
Omit "financial year is more than $10,000", substitute "reporting period
17
is $1,000 or more".
18
77 Subsection 314AE(1) (note)
19
Repeal the note.
20
78 Subsection 314AEA(1)
21
Omit "financial year" (wherever occurring), substitute "reporting
22
period".
23
Note:
The heading to section 314AEA is altered by omitting "Annual returns" and
24
substituting "Returns for reporting periods".
25
79 Subsection 314AEA(1)
26
Omit "16 weeks", substitute "8 weeks".
27
80 Paragraph 314AEA(3)(d)
28
Omit "financial year", substitute "reporting period".
29
81 Subsection 314AEB(1)
30
Omit "financial year", substitute "reporting period".
31
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 43
Note:
The heading to section 314AEB is altered by omitting "Annual returns" and
1
substituting "Returns for reporting periods".
2
82 Paragraph 314AEB(1)(a)
3
Omit "the year", substitute "the reporting period".
4
83 Paragraphs 314AEB(1)(b) and (c)
5
Repeal the paragraphs, substitute:
6
(b) the total amount of expenditure of all of the kinds referred to
7
in paragraph (a) incurred by the person during the reporting
8
period was $1,000 or more.
9
84 Subsection 314AEB(1) (note)
10
Repeal the note.
11
85 After subsection 314AEB(1)
12
Insert:
13
(1A) An amount of expenditure incurred with the authority of a person
14
is not counted in the total amount referred to in paragraph (1)(b) if,
15
at the time the person gave authority to incur the amount of
16
expenditure, the person was:
17
(a) a registered political party; or
18
(b) a State branch of a registered political party; or
19
(c) the Commonwealth (including a Department of the
20
Commonwealth, an Executive Agency or a Statutory Agency
21
(within the meaning of the Public Service Act 1999)); or
22
(d) a member of the House of Representatives or the Senate; or
23
(e) a candidate in an election; or
24
(f) a member of a group.
25
86 Subsection 314AEB(2)
26
Omit "financial year", substitute "reporting period".
27
87 Paragraph 314AEB(3)(a)
28
Omit "20 weeks after the end of the financial year", substitute "8 weeks
29
after the end of the reporting period".
30
88 Subsection 314AEC(1)
31
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
44 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Omit "financial year", substitute "reporting period".
1
Note:
The heading to section 314AEC is altered by omitting "Annual returns" and
2
substituting "Returns for reporting periods".
3
89 Paragraphs 314AEC(1)(a) and (b)
4
Omit "the year", substitute "the reporting period".
5
90 Paragraph 314AEC(1)(c)
6
Repeal the paragraph, substitute:
7
(c) either or both of the following applies:
8
(i) there is at least one major donor in relation to the person
9
and the reporting period;
10
(ii) the gifts referred to in paragraph (b) include one or more
11
permitted anonymous gifts.
12
91 Subsection 314AEC(1) (note)
13
Repeal the note.
14
92 After subsection 314AEC(1)
15
Insert:
16
(1A) For the purpose of this section, a person (the donor) is a major
17
donor in relation to the person and the reporting period referred to
18
in subsection (1) if the total amount of the gifts referred to in
19
paragraph (1)(b) that were made by the donor to the person is
20
$1,000 or more.
21
93 Subsection 314AEC(2)
22
Omit all the words from and including "The person" to and including
23
"paragraph (1)(b):", substitute:
24
If there is at least one major donor in relation to the person and the
25
reporting period, the return for the reporting period must include
26
the following details in relation to each gift referred to in
27
paragraph (1)(b) that was made by a major donor:
28
94 Subsection 314AEC(2) (note)
29
Repeal the note.
30
95 After subsection 314AEC(2)
31
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 45
Insert:
1
(2A) If the gifts referred to in paragraph (1)(b) include one or more
2
permitted anonymous gifts, the return for the reporting period must
3
include, for each general public activity or private event at which
4
the gifts were received:
5
(a) the date and nature of the activity or event; and
6
(b) the total amount of permitted anonymous gifts received at the
7
activity or event; and
8
(c) the total amount of permitted anonymous gifts received at the
9
activity or event that the person used for a purpose referred to
10
in paragraph (1)(b); and
11
(d) for a private event in relation to which an excess was
12
returned, or the amount of an excess was paid to the
13
Commonwealth, as mentioned in paragraph 306AF(4)(d)--
14
the amount of the excess, and a statement to the effect that
15
the excess was so returned or so paid to the Commonwealth.
16
96 Paragraph 314AEC(3)(a)
17
Omit "20 weeks after the end of the financial year", substitute "8 weeks
18
after the end of the reporting period".
19
97 Subsection 314AEC(4)
20
Repeal the subsection.
21
98 Subsections 315(1) to (4)
22
Repeal the subsections, substitute:
23
Failing to furnish a Division 4, 5 or 5A return
24
(1) A person commits an offence if:
25
(a) the person is required to furnish a return under Division 4, 5
26
or 5A; and
27
(b) the person fails to furnish the return to the Electoral
28
Commission by the time required by that Division.
29
Penalty: 120 penalty units.
30
Furnishing a Division 4, 5 or 5A return that is incomplete
31
(2) A person commits an offence if:
32
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
46 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(a) the person is required to furnish a return under Division 4, 5
1
or 5A; and
2
(b) the person furnishes a return to the Electoral Commission;
3
and
4
(c) the return purports to be a return under that Division; and
5
(d) the return is incomplete.
6
Penalty: 120 penalty units.
7
(3) For the purpose of subsection (2) a return is incomplete if it does
8
not contain all the information that is required to be included in the
9
return by Division 4, 5 or 5A (as the case requires) or by the
10
approved form for the return.
11
Failing to retain records as required by section 317
12
(4) A person commits an offence if:
13
(a) the person is required by section 317 to retain records; and
14
(b) the person fails to retain the records as required by that
15
section.
16
Penalty: 120 penalty units.
17
Furnishing a Division 3 claim that is false or misleading
18
(4A) A person commits an offence if:
19
(a) the person lodges a claim with the Electoral Commission;
20
and
21
(b) the claim purports to be a claim under Division 3; and
22
(c) the person knows that:
23
(i) the claim is false or misleading in a material particular;
24
or
25
(ii) the claim omits a matter or thing without which the
26
claim is misleading in a material particular.
27
Penalty: Imprisonment for 2 years or 240 penalty units, or both.
28
Note:
See also subsections (5) and (6).
29
Furnishing a Division 4, 5 or 5A return that is false or misleading
30
(4B) A person commits an offence if:
31
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 47
(a) the person furnishes a return to the Electoral Commission;
1
and
2
(b) the return purports to be a return under Division 4, 5 or 5A;
3
and
4
(c) the person knows that:
5
(i) the return is false or misleading in a material particular;
6
or
7
(ii) the return omits a matter or thing without which the
8
return is misleading in a material particular.
9
Penalty: Imprisonment for 12 months or 120 penalty units, or
10
both.
11
Making a section 306AF record that is false or misleading
12
(4C) A person commits an offence if:
13
(a) the person makes a record in relation to an activity or event;
14
and
15
(b) the record purports to be made for the purpose of
16
section 306AF; and
17
(c) the person knows that:
18
(i) the record is false or misleading in a material particular;
19
or
20
(ii) the record omits a matter or thing without which the
21
record is misleading in a material particular.
22
Penalty: Imprisonment for 12 months or 120 penalty units, or
23
both.
24
99 Subsection 315(5)
25
Omit "subsection (3) or (4)", substitute "subsection (4A)".
26
Note:
The following heading to subsection 315(5) is inserted "Additional orders if person
27
convicted of offence against subsection (4A)".
28
100 Subsection 315(6A) (penalty)
29
Repeal the penalty, substitute:
30
Penalty: Imprisonment for 2 years or 240 penalty units, or both.
31
Note:
The following heading to subsection 315(6A) is inserted "Giving another person false
32
or misleading information for a Division 3 claim".
33
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
48 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
101 Subsection 315(7) (penalty)
1
Repeal the penalty, substitute:
2
Penalty: Imprisonment for 12 months or 120 penalty units, or
3
both.
4
Note 1: The following heading to subsection 315(7) is inserted "Giving another person false or
5
misleading information for a Division 4, 5 or 5A return".
6
Note 2: The following heading to subsection 315(8) is inserted "Effect of continued failure to
7
furnish a Division 4, 5 or 5A return".
8
102 After subsection 315(10)
9
Insert:
10
Unlawful receipt of gift: situations other than when political party,
11
State branch or associated entity is not a body corporate, or when
12
gift is received by person on behalf of group
13
(10A) A person commits an offence if:
14
(a) the person (or a person acting on behalf of the person, but not
15
a person acting on behalf of a group) receives a gift; and
16
(b) the receipt of the gift is unlawful under subsection 306AC(1),
17
306AD(3), 306AH(1) or 306AI(1); and
18
(c) the person is:
19
(i) a registered political party that is a body corporate; or
20
(ii) a State branch of a registered political party, being a
21
State branch that is a body corporate; or
22
(iii) a candidate; or
23
(iv) a member of a group; or
24
(v) an associated entity that is a body corporate.
25
Penalty: Imprisonment for 12 months or 240 penalty units, or
26
both.
27
Unlawful receipt of gift: registered political parties, State branches
28
and associated entities that are not bodies corporate
29
(10B) A person commits an offence if:
30
(a) a gift is received by (or by a person acting on behalf of) any
31
of the following (the recipient):
32
(i) a registered political party that is not a body corporate;
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 49
(ii) a State branch of a registered political party, being a
1
State branch that is not a body corporate;
2
(iii) an associated entity that is not a body corporate; and
3
(b) the receipt of the gift is unlawful under subsection 306AC(1),
4
306AD(3), 306AH(1) or 306AI(1); and
5
(c) the recipient is specified in column 2 of an item in the
6
following table, and the person is specified in column 3 of
7
that item.
8
9
Liability for unlawful receipt of gift
Column 1
Item
Column 2
If the recipient is ...
Column 3
the person is liable for the offence
if the person is ...
1
a registered political party
the registered officer of the party,
the secretary of the party (as defined
in section 123), or the agent of the
party.
2
a State branch of a registered
political party, being a State
branch that itself is a
registered political party
the registered officer of the party
that is the State branch, the secretary
of that party (as defined in
section 123), or the agent of that
party.
3
a State branch of a registered
political party, being a State
branch that is not itself a
registered political party
a member of the executive
committee of the State branch.
4
an associated entity
the financial controller of the
associated entity.
Penalty: Imprisonment for 12 months or 240 penalty units, or
10
both.
11
(10C) A person does not commit an offence against subsection (10B) if:
12
(a) the person does not know of the circumstances because of
13
which the receipt of the gift is unlawful; or
14
(b) the person takes all reasonable steps to avoid those
15
circumstances occurring.
16
Note:
A defendant bears an evidential burden of proof in relation to the
17
matters in subsection (10C) (see subsection 13.3(3) of the Criminal
18
Code).
19
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
50 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Unlawful receipt of gift: person acting on behalf of group
1
(10D) A person commits an offence if:
2
(a) the person receives a gift; and
3
(b) in receiving the gift, the person is acting on behalf of a group;
4
and
5
(c) the receipt of the gift is unlawful under subsection 306AC(1),
6
306AH(1) or 306AI(1).
7
Penalty: Imprisonment for 12 months or 240 penalty units, or
8
both.
9
Unlawful incurring of expenditure
10
(10E) A person commits an offence if:
11
(a) the person incurs expenditure; and
12
(b) the incurring of the expenditure is unlawful under subsection
13
306AD(1) or (2) or 306AJ(1) or (2).
14
Penalty: Imprisonment for 12 months or 240 penalty units, or
15
both.
16
Note:
The following heading to subsection 315(11) is inserted "Prosecutions to be brought
17
within 3 years".
18
103 After section 315
19
Insert:
20
315AA Recovery of undisclosed gifts
21
(1) Subject to subsection (2), for the purpose of this section, a gift is an
22
undisclosed gift if:
23
(a) any of the following provisions (the disclosure provision)
24
requires details (however described) of the gift to be included
25
in a return:
26
(i) subsection 304(2) or (3);
27
(ii)
section
314AC;
28
(iii) section 314AC, as it applies for the purpose of
29
section 314AEA;
30
(iv) section 314AEC; and
31
(b)
either:
32
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 51
(i) the return has not been furnished by the time required
1
by this Part; or
2
(ii) the return has been furnished by that time, but it does
3
not include the required details of the gift.
4
(2)
If:
5
(a) a notice is served on a person under subsection 318(2) in
6
relation to a return; and
7
(b) the notice requires the person to furnish certain particulars in
8
relation to a gift within a specified period (the extension
9
period);
10
then:
11
(c) paragraph (1)(b) of this section has effect in relation to the
12
return as if it referred to the end of the extension period
13
(rather than the time by which the return is required to be
14
furnished); and
15
(d) if the particulars are furnished as required by the notice at or
16
before the end of the extension period, subsection (1) has
17
effect as if those particulars had been included in the return.
18
(3) If the disclosure provision in relation to an undisclosed gift is
19
specified in column 2 of an item in the following table, an amount
20
equal to the amount or value of the gift is payable to the
21
Commonwealth by the person or persons specified in column 3 of
22
that item.
23
24
Liability for receipt of undisclosed gifts
Column 1
Item
Column 2
If the disclosure provision is
...
Column 3
the amount is payable by ...
1
subsection 304(2)
the agent who is required to furnish
the return.
2
subsection 304(3)
the agent who is required to furnish
the return.
3
section 314AC
the agent who is required to furnish
the return.
4
section 314AC, as it applies
for the purpose of
section 314AEA
the financial controller who is
required to furnish the return.
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
52 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Liability for receipt of undisclosed gifts
Column 1
Item
Column 2
If the disclosure provision is
...
Column 3
the amount is payable by ...
5
section 314AEC
the person who is required to furnish
the return.
1
(4) An amount that, under subsection (3), is payable by a person or
2
persons to the Commonwealth may be recovered by the
3
Commonwealth as a debt due to the Commonwealth by action, in a
4
court of competent jurisdiction, against that person.
5
104 Subsection 315A(1)
6
Repeal the subsection, substitute:
7
(1) If, under a provision of this Part, an amount may be recovered by
8
the Commonwealth as a debt due to the Commonwealth, an action
9
to recover the amount may be brought in the name of the
10
Commonwealth by the Electoral Commissioner.
11
Note:
The heading to section 315A is replaced by the heading "Recovery of amounts due to
12
Commonwealth".
13
105 Subsections 316(2A) and (2B)
14
Repeal the subsections, substitute:
15
(2A) An authorised officer may, for the purpose of finding out whether a
16
person or entity specified in column 2 of an item in the following
17
table has complied with this Part or has done something that is
18
unlawful under this Part, by notice to a person who is, or has at any
19
time been, a person specified in column 3 of that item, require the
20
person:
21
(a) to produce, within the period and in the manner specified in
22
the notice, the documents or other things referred to in the
23
notice; or
24
(b) to appear, at a time and place specified in the notice, before
25
the authorised officer to give evidence, either orally or in
26
writing, and to produce the documents or other things
27
referred to in the notice.
28
29
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 53
Use of compliance powers
Column 1
Item
Column 2
For compliance by these
persons and entities ...
Column 3
requirements may be made of
these persons ...
1
a registered political party or
the agent of a registered
political party
the agent of the party, any officer of
the party, any person acting on
behalf of the party, or any candidate
endorsed by the party.
2
a State branch of a registered
political party or the agent of a
State branch of a registered
political party
the agent of the branch, any officer
of the branch, any person acting on
behalf of the branch, or any
candidate endorsed by the branch.
3
a candidate or the agent of a
candidate
the candidate, the agent of the
candidate, or any person acting on
behalf of the candidate.
4
a member of a group or the
agent of a group
any member of the group, the agent
of the group, or any person acting on
behalf of the group.
5
an associated entity or the
financial controller of an
associated entity
the financial controller of the
associated entity, any officer of the
associated entity, or any person
acting on behalf of the associated
entity.
6
a person who has furnished a
return under section 305A,
305B, 314AEB or 314AEC
the person, any person acting on
behalf of the person or (if the person
is a body corporate) any officer of
the person.
7
a prescribed person
the prescribed person, any person
acting on behalf of the prescribed
person or (if the prescribed person is
a body corporate) any officer of the
prescribed person.
1
(2AA) A notice to a person under subsection (2A) is to be served
2
personally or by post on the person.
3
(2AB) Subsection (2A), as it applies in relation to a person who has
4
furnished a return under section 305A, 305B, 314AEB or 314AEC,
5
is not limited just to compliance in relation to that return or the
6
period to which that return relates.
7
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 1 Amendments
54 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
(2B) If a notice under subsection (2A) requires an officer of a political
1
party or branch (other than an agent) to appear before an authorised
2
officer under paragraph (2A)(b), then the agent of the political
3
party or branch is entitled:
4
(a) to attend at the proceeding under paragraph (2A)(b); or
5
(b) to nominate another person, in writing, to attend on behalf of
6
the agent.
7
106 Subsection 316(2C)
8
Omit "(2A)(d)", substitute "(2A)(b)".
9
107 Subsection 316(5) (penalty)
10
Repeal the penalty, substitute:
11
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
12
108 Subsection 316(5A) (penalty)
13
Repeal the penalty, substitute:
14
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
15
109 Subsections 316(5B) and (5C)
16
Repeal the subsections.
17
110 Subsection 316(6) (penalty)
18
Repeal the penalty, substitute:
19
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
20
111 Subsection 319A(1)
21
Omit "a claim or", substitute "a final claim or a".
22
Note:
The heading to section 319A is altered by inserting "final" after "Amendment of".
23
112 Subsection 319A(2)
24
After "lodged a", insert "final".
25
113 After subsection 319A(4)
26
Insert:
27
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Amendments Part 1
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 55
(4A) However, if the amendment of the claim would increase the overall
1
amount of electoral expenditure claimed, election funding for the
2
amount of the increase is not payable.
3
114 Subsection 319A(9)
4
Omit "subsection 315(2), (3) or (4)", substitute "subsection 315(2),
5
(4A) or (4B)".
6
115 Subsections 320(4) and (5)
7
Repeal the subsections, substitute:
8
(4) Nothing in this section requires the Electoral Commission to make
9
a copy of a claim or return available for inspection or perusal, or to
10
provide a copy of a claim or return, sooner after lodgment of the
11
claim or return than is reasonably practicable.
12
116 Subsection 321(1) (definition of relevant amount)
13
Repeal the definition, substitute:
14
relevant amount means the amount specified in the following
15
provisions:
16
(a) subparagraphs 293(2)(a)(i) and (ii) and 293(3)(a)(i) and (ii);
17
(b) paragraphs 294(2)(a) and 295(2)(a).
18
117 Subsection 321(1) (definition of relevant period)
19
Omit "1 July 1995", substitute "1 July 2011".
20
118 Section 321A
21
Repeal the section.
22
119 Section 384
23
Repeal the section.
24
25
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 2 Application and saving provisions
56 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Part 2--Application and saving provisions
1
120 Amendments applying to reporting periods starting on or
2
after 1 July 2011
3
The amendments made by the following items of this Schedule apply in
4
relation to reporting periods that start on or after 1 July 2011:
5
(a) items 48 to 50;
6
(b) items 69 to 97.
7
121 Amendments applying to financial years starting on or
8
after 1 July 2011
9
The amendments made by items 65 and 66 of this Schedule apply in
10
relation to financial years that start on or after 1 July 2011.
11
122 Amendments applying to elections the writs for which
12
are issued on or after 1 July 2011
13
The amendments made by the following items of this Schedule apply in
14
relation to elections the writs for which are issued on or after 1 July
15
2011:
16
(a) items 7 to 9;
17
(b) items 11 and 12;
18
(c) items 15 and 16;
19
(d)
item
18;
20
(e) items 23 to 27;
21
(f) items 29 to 47;
22
(g) items 59 to 64;
23
(h) items 111 to 113;
24
(i) items 116 and 117.
25
123 Amendments applying to gifts etc. made on or after
26
1 July 2011
27
(1)
The amendments made by the following items of this Schedule apply to
28
gifts, transfers or loans made or received, or expenditure incurred, on or
29
after 1 July 2011:
30
(a)
item
10;
31
(b) items 13 and 14;
32
(c)
item 28;
33
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Application and saving provisions Part 2
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2010
No. , 2010 57
(d) items 51 to 57;
1
(e)
item
68.
2
(2)
To avoid doubt, a gift made before 1 July 2011 is not a permitted
3
anonymous gift (including for the purpose of section 314AEC of the
4
Commonwealth Electoral Act 1918 (as amended by this Schedule)).
5
124 Amendments applying to acts or omissions occurring on
6
or after 1 July 2011
7
The amendments made by the following items of this Schedule apply in
8
relation to acts and omissions that occur on or after 1 July 2011:
9
(a) items 98 to 102;
10
(b) items 107 to 110;
11
(c)
item
114;
12
(d)
item
119.
13
125 Amendment applying to returns a person becomes
14
required to furnish on or after 1 July 2011
15
The amendment made by item 103 of this Schedule applies in relation
16
to returns a person becomes required to furnish on or after 1 July 2011.
17
126 Saving of notices under subsection 316(2A)
18
A notice given before 1 July 2011 under subsection 316(2A) of the
19
Commonwealth Electoral Act 1918 as then in force has effect on and
20
after that day as if it had been given under that subsection as amended
21
by item 105 of this Schedule.
22
127 Indexation of per-vote amount for election funding
23
(1)
The amount of $2.31191 must be indexed, for the relevant period
24
starting on 1 January 2011 and ending on 30 June 2011, in accordance
25
with section 321 of the Commonwealth Electoral Act 1918 (as in force
26
during that period), as if that amount were the amount last substituted
27
for the relevant amount. The amount as so indexed is the updated
28
per-vote amount.
29
(2)
Subparagraphs 293(2)(a)(i) and (ii) and 293(3)(a)(i) and (ii), and
30
paragraphs 294(2)(a) and 295(2)(a), of the Commonwealth Electoral
31
Act 1918 (as amended by this Schedule) have effect as if they had, from
32
their commencement, specified the updated per-vote amount.
33
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
Part 2 Application and saving provisions
58 Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010 No. , 2010
Note:
The updated per-vote amount is therefore the relevant amount for the purpose of
1
section 321 of the Commonwealth Electoral Act 1918 (as amended by this Schedule),
2
and must be indexed in accordance with that section for the relevant period that starts on
3
1 July 2011 and ends on 31 December 2011, and for all later relevant periods.
4