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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Electoral Amendment
(Disclosure of Political Donations) Bill
2021
No. , 2021
(Dr Haines)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918, and for related purposes
No. , 2021
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2021
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
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 is the
Commonwealth Electoral Amendment (Disclosure
5
of Political Donations) Act 2021
.
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
2
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The first 1 July to occur after the day this
Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2021
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 After Division 4 of Part XX
4
Insert:
5
Division 4A--Disclosure of receipt of donations
6
307AA Interpretation
7
In this Division:
8
$1,000-exceeding sum
from a person or entity means a sum of
9
gifts received from the person or entity that is equal to or more
10
than $1,000.
11
disclosure threshold-exceeding sum
from a person or entity means
12
a sum of gifts received from the person or entity that is equal to or
13
more than the disclosure threshold.
14
gift recipient
means any of the following:
15
(a) a registered political party;
16
(b) a State branch of a registered political party;
17
(c) a candidate (including a member of a group) in an election or
18
a by-election;
19
(d) a group;
20
(e) an associated entity.
21
quarter
means a period of 3 months starting on 1 January, 1 April,
22
1 July or 1 October.
23
307AB Real-time disclosure of disclosure threshold-exceeding gifts
24
(1) If a gift recipient receives a disclosure threshold-exceeding sum
25
from a person or entity during a financial year, the recipient's agent
26
or financial controller must provide a return in accordance with this
27
section:
28
Schedule 1
Amendments
4
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
No. , 2021
(a) within 5 business days after the day the recipient receives the
1
gift (a
trigger gift
) that makes the sum of gifts received
2
during the financial year a disclosure threshold-exceeding
3
sum; and
4
(b) within 5 business days after the day of each subsequent gift
5
(a
post-trigger gift
) after the trigger gift the recipient receives
6
from the person or entity during the financial year.
7
Note:
For the purposes of paragraph (a), it does not matter whether the
8
trigger gift is itself equal to or more than the disclosure threshold.
9
(2) The return must:
10
(a) be in the approved form; and
11
(b) in the case of a return required under paragraph (1)(a)
12
because of a trigger gift:
13
(i) set out the disclosure threshold-exceeding sum received;
14
and
15
(ii) set out the amount or value of each gift that makes up
16
the disclosure threshold-exceeding sum; and
17
(iii) set out the date on which each of those gifts was
18
received;
19
(c) in the case of a return required under paragraph (1)(b)
20
because of a post-trigger gift:
21
(i) set out the amount or value of the post-trigger gift that
22
was received; and
23
(ii) set out the date on which the post-trigger gift was
24
received.
25
(3) The return must set out:
26
(a) if the person or entity was an unincorporated association,
27
other than a registered industrial organisation:
28
(i) the name of the association; and
29
(ii) the names and addresses of the members of the
30
executive committee (however described) of the
31
association; or
32
(b) if the gift or gifts from the person or entity was paid out of a
33
trust fund or paid out of the funds of a foundation:
34
(i) the names and addresses of the trustees of the fund or of
35
the foundation; and
36
Amendments
Schedule 1
No. , 2021
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
5
(ii) the title or other description of the trust fund, or the
1
name of the foundation, as the case requires; or
2
(c) in any other case--the name and address of the person or
3
entity.
4
(4) An agent or financial controller of a gift recipient must not
5
contravene subsection (1).
6
Civil penalty:
7
The higher of the following amounts:
8
(a) 60 penalty units;
9
(b) if there is sufficient evidence for the court to determine the
10
amount or value, or an estimate of the amount or value, of
11
gifts not disclosed--3 times that amount or value.
12
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in
13
relation to a contravention of subsection (4) of this section.
14
307AC Quarterly disclosure of $1,000-exceeding gifts
15
(1) If a gift recipient receives a $1,000-exceeding sum from a person
16
or entity during a quarter, the recipient's agent or financial
17
controller must provide a return in accordance with this section
18
within 5 business days after the end of the quarter.
19
(2) The return must:
20
(a) be in the approved form; and
21
(b) set out the sum of the gifts that the gift recipient receives
22
from the person or entity during the quarter; and
23
(c) for each of those gifts:
24
(i) set out the amount or value of the gift; and
25
(ii) set out the date on which the gift was received.
26
(3) The return must set out:
27
(a) if the person or entity was an unincorporated association,
28
other than a registered industrial organisation:
29
(i) the name of the association; and
30
Schedule 1
Amendments
6
Commonwealth Electoral Amendment (Disclosure of Political
Donations) Bill 2021
No. , 2021
(ii) the names and addresses of the members of the
1
executive committee (however described) of the
2
association; or
3
(b) if the gift or gifts from the person or entity was paid out of a
4
trust fund or paid out of the funds of a foundation:
5
(i) the names and addresses of the trustees of the fund or of
6
the foundation; and
7
(ii) the title or other description of the trust fund, or the
8
name of the foundation, as the case requires; or
9
(c) in any other case--the name and address of the person or
10
entity.
11
(4) Subsection (1) does not apply if the gift recipient receives a
12
disclosure threshold-exceeding sum from the person or entity
13
during the period:
14
(a) starting at the start of the financial year in which the quarter
15
occurs; and
16
(b) ending at the end of the quarter.
17
(5) An agent or financial controller of a gift recipient must not
18
contravene subsection (1).
19
Civil penalty:
20
The higher of the following amounts:
21
(a) 60 penalty units;
22
(b) if there is sufficient evidence for the court to determine the
23
amount or value, or an estimate of the amount or value, of
24
gifts not disclosed--3 times that amount or value.
25
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in
26
relation to a contravention of subsection (5) of this section.
27
2 Subsection 320(1) (after table item 4)
28
Insert:
29
4A
each return provided under
Division 4A
as soon as reasonably practicable
after receiving the return.
30