COMMONWEALTH ELECTORAL AMENDMENT (DONATION REFORM AND TRANSPARENCY) BILL 2016

2016

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Commonwealth Electoral Amendment

(Donation Reform and Transparency)

Bill 2016

No. , 2016

(Senator Farrell)

A Bill for an Act to amend the Commonwealth

Electoral Act 1918 to improve donation

transparency and accountability, and for related

purposes

No. , 2016

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

Contents

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

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

Schedules........................................................................... 2

Schedule 1--Amendment of the Commonwealth Electoral Act

1918

Part 1--Amendments

Commonwealth Electoral Act 1918

Part 2--Application and saving provisions

No. , 2016

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

A Bill for an Act to amend the Commonwealth

Electoral Act 1918 to improve donation

transparency and accountability, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Commonwealth Electoral Amendment (Donation

Reform and Transparency) Act 2016.

2 Commencement

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

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

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

No. , 2016

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

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

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

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

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

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

repealed as set out in the applicable items in the Schedule

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

according to its terms.

Amendment of the Commonwealth Electoral Act 1918 Schedule 1

Amendments Part 1

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Commonwealth Electoral Amendment (Donation Reform and

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Schedule 1--Amendment of the

Commonwealth Electoral Act 1918

Part 1--Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

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

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

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

2 Subsection 4(1)

Insert:

reporting period means:

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

(b) a full financial year.

3 Subsection 17A(1)

Omit "(1)".

4 Subsection 17A(1)

Omit all the words after "compliance with a notice under

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

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

been, committed against section 315".

5 Subsection 17A(2)

Repeal the subsection.

6 Subsection 123(2)

Repeal the subsection.

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7 Subsection 287(1)

Insert:

electoral expenditure, in relation to an election, means:

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

election period) on:

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

advertisement relating to the election; or

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

an advertisement relating to the election; or

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

other place of entertainment, of an advertisement

relating to the election; or

(iv) the production of an advertisement relating to the

election, being an advertisement that is broadcast,

published or displayed as mentioned in

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

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

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

required under section 328, 328A or 328B to include the

name and address of the author of the material or of the

person authorising the material and that is used during

the election period; or

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

addressed to particular persons or organisations and is

distributed during the election period; or

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

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

and

(b) expenditure incurred during the election period on:

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

primary purpose of conducting an election campaign; or

(ii) paying additional staff employed, or a person

contracted, for the primary purpose of conducting an

election campaign; or

(iii) office equipment purchased (including by way of

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

of conducting an election campaign; or

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(iv) the costs of running and maintaining that office

equipment; and

(i) travel; or

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

to the extent that the expenditure could reasonably be

expected to have been incurred for the primary purpose of

conducting an election campaign.

However, expenditure is not electoral expenditure if:

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

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

of this definition; and

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

(other than those relating to remuneration), entitlements or

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

member.

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

Repeal the definition.

9 Subsection 287(1) (definition of entitlement)

Repeal the definition.

10 Subsection 287(1)

Insert:

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

11 Subsection 287(1)

Insert:

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

election, means a first preference vote:

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

the group; and

(b) counted for the purposes of section 273.

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12 Subsection 287(1)

Insert:

office equipment means:

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

personal organisers and other equipment used, or that can be

used, for the purpose of communication; and

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

equipment mentioned in paragraph (a).

13 Subsection 287(1)

Insert:

permitted anonymous gift: see section 306AF.

14 Subsection 287(1)

Insert:

private event: see subsection 306AF(6).

15 Subsection 287(1)

Insert:

single claim means a claim:

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

and

(b) for electoral expenditure that covers:

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

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

party.

16 Subsection 287(2)

Repeal the subsection, substitute:

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

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

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

Commission in Canberra.

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17 Subsection 287(4)

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

18 After subsection 287(4A)

Insert:

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

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

is treated as being incurred by that State branch.

19 After subsection 287(6)

Insert:

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

a body corporate.

20 Subsection 287A(1)

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

21 At the end of Division 1 of Part XX

Add:

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

Despite anything in this Part, if the Commonwealth has recovered

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

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

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

under another provision of this Part.

22 Paragraph 292B(a)

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

23 Sections 294 and 297

Repeal the sections, substitute:

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Subdivision A--Entitlement to election funding

293 Entitlement to election funding--registered political parties

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

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

following apply:

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

of Representatives election--the total number of formal first

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

total number of formal first preference votes cast in the

election;

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

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

number of formal first preference votes given for the

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

preference votes cast in the election;

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

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

total number of formal first preference votes cast in the

election.

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

the registered political party is entitled is the lesser of:

(a) the total of the following:

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

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

is satisfied;

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

preference group vote in respect of a group in relation to

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

(b) the amount of electoral expenditure:

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

elections held that day; and

(ii) accepted by the Electoral Commission under

section 298C.

Note:

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

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

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first preference votes are divided for the purposes of attributing a

portion of election funding to each party.

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

the registered political parties are entitled is the lesser of:

(a) the total of the following:

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

a candidate endorsed by any of the parties covered by

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

(b) is satisfied;

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

preference group vote in respect of a group comprising

candidates endorsed by any of the parties covered by the

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

satisfied; and

(b) the amount of electoral expenditure:

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

for all elections held that day; and

(ii) accepted by the Electoral Commission under

section 298C.

Note:

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

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

first preference votes are divided for the purposes of attributing a

portion of election funding to each party.

294 Entitlement to election funding--unendorsed candidates

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

section if:

(a) the candidate is neither:

(i) endorsed by a registered political party; nor

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

and

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

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

formal first preference votes cast in the election.

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

the lesser of:

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

candidate in the election; and

(b) the amount of electoral expenditure:

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

(ii) accepted by the Electoral Commission under

section 298C.

295 Entitlement to election funding--unendorsed groups

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

this section if:

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

registered political party; and

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

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

cast in the Senate election.

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

lesser of:

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

Senate election; and

(b) the amount of electoral expenditure:

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

and

(ii) accepted by the Electoral Commission under

section 298C.

296 Entitlement to election funding--special rule for joint Senate

groups

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

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

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

polling day for the Senate election, give the Electoral Commission

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

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

how the parties agree to divide the formal first preference group

votes.

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

of the parties.

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

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

preference group votes are to be divided in accordance with the

agreement.

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

Commission before that day, the formal first preference group

votes are to be divided in whatever way the Electoral Commission

determines.

Subdivision B--Claims for election funding

297 Need for a claim

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

by:

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

party; or

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

registered political parties covered by the claim; or

(2) The agent may make:

(a) an interim claim; or

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

Note:

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

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

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

expenditure has been specified in an interim claim.

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

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

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

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298 Electoral expenditure incurred

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

registered political party must specify electoral expenditure:

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

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

(b) for which election funding is sought.

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

parties covered by the claim must specify electoral expenditure:

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

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

held on the same day; and

(b) for which election funding is sought.

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

specify electoral expenditure:

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

(b) for which election funding is sought.

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

specify electoral expenditure:

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

the group, in relation to the election; and

(b) for which election funding is sought.

298A Form of claim

A claim must:

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

and

(b) be in the approved form; and

documents, required by the form.

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298B Lodging of claim

Interim claim

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

the claim must be lodged with the Electoral Commission during the

period:

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

election or elections; and

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

elections.

Final claim

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

with the Electoral Commission during the period:

(a) beginning on the day after:

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

which the writ for the election is returned; or

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

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

writs are returned on different days, the last of those

days); and

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

elections.

Claim cannot be lodged at any other time

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

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

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

(2)(b).

298C Determination of claim

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

Commission receiving a claim:

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

part; and

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

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

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

the Electoral Commission must only consider:

(a) whether expenditure claimed is electoral expenditure; and

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

(i) whether the electoral expenditure was incurred; and

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

claim made by another agent.

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

section 298D and a final claim is not lodged:

(a) no further election funding is payable; and

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

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

298D Accepting an interim claim

(1) Subsection (2) applies if:

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

party, candidate or group in relation to an election or

elections; and

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

part.

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

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

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

first preference votes and formal first preference group votes

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

election or elections; and

(b) the amount of electoral expenditure accepted.

298E Accepting a final claim

(1) Subsection (2) applies if:

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

party, candidate or group in relation to an election or

elections; and

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

part.

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

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

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

(b) the amount of electoral expenditure accepted;

reduced by any amount that has been paid in accordance with

section 298D.

298F Refusing a final claim

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

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

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

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

part, and sets out the reasons for the refusal.

298G Application for reconsideration of decision refusing a final

claim

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

registered political party, candidate or group to which the claim

relates may apply to the Electoral Commission for the Electoral

Commission to reconsider the decision.

(2) The application must:

(a) be in writing; and

(b) set out the reasons for the application.

(3) The application must be made within:

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

of the refusal; or

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

Electoral Commission extends the period within which the

application may be made--the extended period for making

the application.

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298H Reconsideration by Electoral Commission

(1) Upon receiving such an application, the Electoral Commission

must:

(a) reconsider the decision; and

(b) decide to:

(i) affirm the decision; or

(ii) vary the decision; or

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

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

stating the decision on the reconsideration together with a

statement of the reasons for the decision.

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

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

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

within 20 days of the day of its decision.

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

subsection (1).

Subdivision C--Payments of election funding

24 Subsection 299(1)

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

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

payable in respect of a candidate or candidates endorsed by a

registered political party, the Electoral Commission must:

25 Subsections 299(2) to (5)

Repeal the subsections, substitute:

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

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

who makes the single claim.

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

funding is payable in respect of a candidate, the Electoral

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

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

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

must pay the amount to the group's agent.

26 Subsections 299(5D) and (6)

Repeal the subsections.

27 Sections 300 and 301

Repeal the sections, substitute:

Subdivision D--Miscellaneous

300 Death of candidates or group members

Death of candidate

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

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

if the candidate dies.

(2) If the candidate was neither:

(a) endorsed by a registered political party; nor

(b) a member of a group;

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

payment may be made to the candidate's legal personal

representative.

Death of member of group

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

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

candidate who was a member of the group dies.

(4) If:

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

registered political party; and

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

the purposes of this Part;

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

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

Part.

301 Varying decisions accepting claims

(1) If:

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

decision) under section 298C to accept an amount of

electoral expenditure specified in a final claim; and

(b) the Electoral Commission becomes satisfied that:

(i) the amount of electoral expenditure should not have

been accepted; or

(ii) only a lesser amount of electoral expenditure should

have been accepted;

the Electoral Commission may vary the claim decision

accordingly.

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

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

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

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

claim.

(3) If:

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

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

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

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

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

claim;

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

by the Commonwealth as a debt due to the Commonwealth by

action against the person.

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

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

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

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

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

claim made

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

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

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

claim.

28 After section 303

Insert:

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

weeks

Division generally does not apply to gifts returned within 6 weeks

of receipt

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

gift that is returned within 6 weeks after its receipt.

Division applies to gifts of foreign property, whether or not

returned

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

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

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

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

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

statement to the effect that the gift was so returned.

Division applies to anonymous gifts, whether or not returned or

paid to the Commonwealth

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

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

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

within 6 weeks as mentioned in section 306AG.

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

paid to the Commonwealth, any return under this Division that

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

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

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

29 Subsection 304(2)

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

setting out:

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

during the disclosure period for the election; and

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

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

number of persons who made the gifts, and the relevant

details of each gift; and

permitted anonymous gifts were received by the person

during the disclosure period for the election:

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

(ii) the total amount of permitted anonymous gifts received

at the activity or event; and

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

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

Commonwealth, as mentioned in

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

a statement to the effect that the excess was so returned

or so paid to the Commonwealth.

30 Subsection 304(3)

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

setting out:

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

during the disclosure period for the election; and

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

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

number of persons who made the gifts, and the relevant

details of each gift; and

permitted anonymous gifts were received by the group during

the disclosure period for the election:

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

(ii) the total amount of permitted anonymous gifts received

at the activity or event; and

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

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

Commonwealth, as mentioned in

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

a statement to the effect that the excess was so returned

or so paid to the Commonwealth.

31 Subsection 304(4)

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

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

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

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

33 Paragraph 304(5)(c)

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

34 Subsection 304(5) (note)

Repeal the note.

35 Paragraph 304(6)(b)

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

36 Paragraph 304(6)(c)

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

37 Subsection 304(6) (note)

Repeal the note.

38 At the end of section 304

Add:

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Nil returns

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

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

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

required to be disclosed were received.

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

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

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

required to be disclosed were received.

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

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

40 Subsection 305A(1) (note)

Repeal the note.

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

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

42 Subsection 305A(1A) (note)

Repeal the note.

43 Paragraph 305A(2)(b)

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

44 Subsection 305A(2) (note)

Repeal the note.

45 Section 305B

Repeal the section, substitute:

305B Gifts to political parties

Obligation to provide returns for reporting periods

(1) Subject to subsections (4) and (5), if, in a reporting period, a

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

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

Commission within 20 weeks after the end of the reporting period,

disclosing all the gifts that the person made to the registered

political party during the reporting period.

How section applies to political parties that are related

(2) If:

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

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

subsection (1) applies as if:

party (rather than being separate political parties); and

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

made by that person to the single registered political party

referred to in paragraph (c).

How section applies to gifts made with intention of benefiting a

party

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

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

purpose of this section (including paragraph (2)(d)) to have made

that gift directly to that political party.

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

(4) If a person:

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

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

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

financial year; and

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

during the remainder of the financial year;

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

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

that is the full financial year.

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

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

disclose any gift made by the person that has already been

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

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

Content of return

(6) For each gift, the return must set out the following:

(a) the amount of the gift;

(b) the date on which it was made;

gift.

Disclosure of receipt of gifts in certain circumstances

(7) If:

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

return under subsection (1); and

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

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

of the ultimate gift;

the person must also disclose the relevant details of the enabling

gift in the return under subsection (1).

(6) Relevant details for the purpose of subsection (7), in relation to a

gift, are:

(a) the amount or value of the gift; and

(b) the date on which the gift was made; and

unincorporated association, other than a registered industrial

organisation:

(i) the name of the association; and

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

executive committee (however described) of the

association; and

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

out of the funds of a foundation:

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

the funds of the foundation; and

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

name of the foundation, as the case requires; and

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(e) in any other case--the name and address of the person who

made the gift.

Return to be in approved form

(7) The return must be in the approved form.

Gifts to which section does not apply

(8) This section does not apply to gifts made by any of the following:

(a) a registered political party;

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

(d) a candidate in an election;

(e) a member of a group.

46 Section 306

Repeal the section, substitute:

Division 4A--Rules about certain gifts and loans

Subdivision A--Gifts of foreign property

306 Interpretation

(1) In this Subdivision:

Australian property means:

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

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

Note:

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

credit card, see subsection 306AB(4).

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

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

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

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

in the election is made; and

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

credit card means:

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

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

or services on credit;

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

commonly issue to their customers or prospective customers for

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

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

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

enables the person or entity:

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

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

thing.

foreign property means:

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

Australia; or

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

Australia; or

Note:

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

credit card, see subsection 306AB(4).

gift:

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

subsection (2); and

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

subsection (3).

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

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

group make a request under section 168 in relation to an

election; and

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

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political expenditure means expenditure incurred for any of the

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

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

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

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

is a member; or

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

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

gift solely or substantially for a purpose related to an

election.

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

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

gift made for the benefit of the group.

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

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

members of an unincorporated association.

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

weeks

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

weeks after its receipt.

306AB Determining whether a gift or transfer is of Australian or

foreign property

Status of property as Australian or foreign to be determined by

reference to position immediately before gift or transfer

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

of subsections (2) and (3)):

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

property if the property was Australian property immediately

before the gift or transfer was made; and

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

property if the property was foreign property immediately

before the gift or transfer was made.

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Transferring foreign property to enable another person to make a

gift

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

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

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

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

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

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

ultimate recipient); and

ultimate gift) to the ultimate recipient; and

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

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

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

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

transfer

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

(a) a person:

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

Australian property; or

(ii) uses foreign property to acquire Australian property;

and

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

property, or in acquiring the Australian property, was to

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

would be Australian property rather than foreign property;

and

accordance with that purpose;

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

property.

How Subdivision applies to gifts or transfers made by credit card

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

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

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

is based.

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

candidate etc. to receive gift

When receiving gift is unlawful

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

property in any of the following circumstances:

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

person acting on behalf of a registered political party);

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

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

registered political party);

behalf of a candidate) during the candidacy period;

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

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

Liability for unlawful receipt of gift

(2) If a person or entity specified in column 1 of an item in the

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

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

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

person or persons specified in column 2 of that item.

Liability for unlawful receipt of gift

Item

Column 1

If the recipient is...

Column 2

the amount is payable by...

a registered political party that

is a body corporate (or a person

acting on behalf of such a party)

the registered political party.

a registered political party that

is not a body corporate (or a

person acting on behalf of such

a party)

the agent of the registered political

party.

a State branch of a registered

the State branch.

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Liability for unlawful receipt of gift

Item

Column 1

If the recipient is...

Column 2

the amount is payable by...

political party, being a State

branch that is a body corporate

(or a person acting on behalf of

such a branch)

a State branch of a registered

political party, being a State

branch that is not a body

corporate (or a person acting on

behalf of such a branch)

the agent of the State branch.

a candidate (or a person acting

on behalf of a candidate)

the candidate and the agent of the

candidate.

a member of a group (or a

person acting on behalf of a

group)

the members of the group and the

agent of the group.

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

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

severally liable for the payment of the amount.

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

persons to the Commonwealth may be recovered by the

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

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

more of those persons.

306AD Gifts of foreign property made to enable incurring of

political expenditure: when unlawful to use or receive gift

Persons other than candidates and members of groups (current

and former) and associated entities: when incurring expenditure is

unlawful

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

political expenditure if:

(a) the recipient:

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

member of a group; and

(ii) is not an associated entity; and

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

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

expenditure; and

property was to enable the recipient to incur political

expenditure; and

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

return setting out details of the expenditure (whether or not

that return has been provided).

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

incurring expenditure is unlawful

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

political expenditure if:

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

member of a group; and

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

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

expenditure; and

property was to enable the recipient to incur political

expenditure.

Associated entities: when receiving gift is unlawful

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

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

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

expenditure.

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

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

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

expenditure on behalf of the entity.

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Liability for unlawful incurring of expenditure or receipt of gift

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

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

amount of the expenditure is payable to the Commonwealth by the

person.

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

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

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

accordance with whichever of the following paragraphs applies:

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

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

associated entity;

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

is payable to the Commonwealth by the financial controller

of the associated entity.

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

to the Commonwealth may be recovered by the Commonwealth as

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

jurisdiction, against that person.

Subdivision B--Anonymous gifts

306AE Interpretation

(1) In this Subdivision:

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

by a known donor.

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

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

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

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

in the election is made; and

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

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

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

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

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

thing.

gift:

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

subsection (2); and

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

subsection (3).

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

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

group make a request under section 168 in relation to an

election; and

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

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

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

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

name and address to the person receiving the gift; and

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

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

true name and address; or

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

the person receiving the gift.

political expenditure means expenditure incurred for any of the

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

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

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

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

is a member; or

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

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

gift solely or substantially for a purpose related to an

election.

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

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

gift made for the benefit of the group.

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

the donor's name and address is:

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

unincorporated association, other than a registered industrial

organisation--a reference to:

(i) the name of the association; and

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

executive committee (however described) of the

association; and

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

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

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

the funds of the foundation; and

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

name of the foundation, as the case requires.

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

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

members of an unincorporated association.

306AF Meaning of permitted anonymous gift

Anonymous gifts made at general public activities

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

(the recipient) is a permitted anonymous gift if:

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

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

subsection (3)); and

record, for the purpose of this section, of:

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

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

collection or receipt of gifts at the activity; and

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

behalf of the recipient at the activity.

(2) If:

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

the activity; and

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

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

that the total of the gifts exceeds $50;

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

excess is not a permitted anonymous gift.

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

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

ready access.

Note:

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

fetes.

Anonymous gifts made at private events

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

(the recipient) is a permitted anonymous gift if:

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

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

record, for the purpose of this section, of:

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

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

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

collection or receipt of gifts at the event; and

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

behalf of the recipient at the event; and

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

behalf of the recipient at the event exceeds the amount

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

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

(i) the excess is returned; or

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

the amount of the excess is paid to the Commonwealth.

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(5) If:

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

the event; and

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

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

the total of the gifts exceeds $50;

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

excess is not a permitted anonymous gift.

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

general public activity.

Section only applies to gifts of money

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

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

to Commonwealth within 6 weeks

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

receipt of the gift:

(a) the gift is returned; or

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

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

306AH Anonymous gifts: when unlawful for political party,

candidate etc. to receive gift

When receiving gift is unlawful

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

anonymous gift to be received in any of the following

circumstances:

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

person acting on behalf of a registered political party);

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

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

registered political party);

behalf of a candidate) during the candidacy period;

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

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

Liability for unlawful receipt of gift

(2) If a person or entity specified in column 1 of an item in the

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

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

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

person or persons specified in column 2 of that item.

Liability for unlawful receipt of gift

Item

Column 1

If the recipient is...

Column 2

the amount is payable by...

a registered political party that

is a body corporate (or a person

acting on behalf of such a party)

the registered political party.

a registered political party that

is not a body corporate (or a

person acting on behalf of such

a party)

the agent of the registered political

party.

a State branch of a registered

political party, being a State

branch that is a body corporate

(or a person acting on behalf of

such a branch)

the State branch.

a State branch of a registered

political party, being a State

branch that is not a body

corporate (or a person acting on

behalf of such a branch)

the agent of the State branch.

a candidate (or a person acting

on behalf of a candidate)

the candidate and the agent of the

candidate.

a member of a group (or a

person acting on behalf of a

group)

the members of the group and the

agent of the group.

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

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

severally liable for the payment of the amount.

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

persons to the Commonwealth may be recovered by the

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

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

more of those persons.

306AI Anonymous gifts: when unlawful for political party,

candidate etc. to receive gift made using anonymous gift

When receiving gift is unlawful

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

gift) from a person (the donor) if:

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

circumstances:

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

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

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

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

branch of a registered political party);

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

on behalf of a candidate) during the candidacy period;

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

person acting on behalf of a group) during the group

period; and

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

to make the political gift; and

Liability for unlawful receipt of gift

(2) If a person or entity specified in column 1 of an item in the

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

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

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

person or persons specified in column 2 of that item.

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Commonwealth Electoral Amendment (Donation Reform and

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Liability for unlawful receipt of gift

Item

Column 1

If the recipient is...

Column 2

the amount is payable by...

a registered political party that

is a body corporate (or a person

acting on behalf of such a party)

the registered political party.

a registered political party that

is not a body corporate (or a

person acting on behalf of such

a party)

the agent of the registered political

party.

a State branch of a registered

political party, being a State

branch that is a body corporate

(or a person acting on behalf of

such a branch)

the State branch.

a State branch of a registered

political party, being a State

branch that is not a body

corporate (or a person acting on

behalf of such a branch)

the agent of the State branch.

a candidate (or a person acting

on behalf of a candidate)

the candidate and the agent of the

candidate.

a member of a group (or a

person acting on behalf of a

group)

the members of the group and the

agent of the group.

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

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

severally liable for the payment of the amount.

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

persons to the Commonwealth may be recovered by the

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

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

more of those persons.

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Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

No. , 2016

306AJ Anonymous gifts: when unlawful for person to incur political

expenditure using anonymous gift

Persons other than candidates and members of groups (current

and former): when incurring expenditure is unlawful

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

expenditure if:

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

a member of a group; and

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

to incur the expenditure; and

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

setting out details of the expenditure (whether or not that

return has been provided).

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

incurring expenditure is unlawful

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

expenditure if:

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

member of a group; and

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

to incur the expenditure; and

Liability for unlawful incurring of expenditure

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

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

amount of the expenditure is payable to the Commonwealth by the

person.

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

Commonwealth may be recovered by the Commonwealth as a debt

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

jurisdiction, against that person.

Amendment of the Commonwealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

Subdivision C--Other gifts and loans

47 Subsection 306A(1)

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

48 Subsection 306A(1) (note)

Repeal the note.

49 Subsection 306A(2)

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

50 Subsection 306A(2) (note)

Repeal the note.

51 Paragraph 306B(a)

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

52 Section 306B (note 3)

Repeal the note.

53 Section 307

Repeal the section.

54 Section 308

Repeal the section.

55 Subsections 309(1A), (2) and (3)

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

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

56 Subsection 311A(2)

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

57 Subsection 311A(2) (note)

Repeal the note.

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58 Division 5A of Part XX (heading)

Repeal the heading, substitute:

Division 5A--Returns for reporting periods by registered

political parties and other persons

59 After section 314AA

Insert:

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

weeks

Division generally does not apply to gifts returned within 6 weeks

of receipt

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

gift that is returned within 6 weeks after its receipt.

Division applies to gifts of foreign property, whether or not

returned

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

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

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

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

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

statement to the effect that the gift was so returned.

Division applies to anonymous gifts, whether or not returned or

paid to the Commonwealth

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

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

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

within 6 weeks as mentioned in section 306AG.

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

paid to the Commonwealth, any return under this Division that

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

Amendment of the Commonwealth Electoral Act 1918 Schedule 1

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

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

60 Section 314AB (heading)

Repeal the heading, substitute:

314AB Returns for reporting periods by registered political parties

61 Subsection 314AB(1)

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

or after 1 July 1992", substitute "within 16 weeks after the end of each

reporting period".

62 Paragraph 314AB(1)(b)

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

reporting period,".

63 Subsection 314AB(2)

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

period".

64 Subsection 314AC(1)

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

is $1,000 or more".

65 Subsection 314AC(1) (note)

Repeal the note.

66 Subsection 314AC(2)

Repeal the subsection.

67 At the end of section 314AC

Add:

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

reporting period includes one or more permitted anonymous gifts,

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

event at which the gifts were received:

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

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

activity or event; and

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

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

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

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

68 Subsection 314AE(1)

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

is $1,000 or more".

69 Subsection 314AE(1) (note)

Repeal the note.

70 Section 314AEA (heading)

Repeal the section, substitute:

314AEA Returns for reporting periods by associated entities

71 Section 314AEA

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

period".

72 Section 314AEB (heading)

Repeal the heading, substitute:

314AEB Returns for reporting periods relating to political

expenditure

73 Subsection 314AEB(1)

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

74 Paragraph 314AEB(1)(a)

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

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Commonwealth Electoral Amendment (Donation Reform and

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

Repeal the paragraphs, substitute:

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

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

period was $1,000 or more.

76 Subsection 314AEB(1) (note)

Repeal the note.

77 After subsection 314AEB(1)

Insert:

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

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

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

expenditure, the person was:

(a) a registered political party; or

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

Commonwealth, an Executive Agency or a Statutory Agency

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

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

(e) a candidate in an election; or

(f) a member of a group.

78 Subsection 314AEB(2)

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

79 Paragraph 314AEB(3)(a)

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

80 Section 314AEC (heading)

Repeal the heading, substitute:

Schedule 1 Amendment of the Commonwealth Electoral Act 1918

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Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

No. , 2016

314AEC Returns for reporting periods relating to gifts received for

political expenditure

81 Subsection 314AEC(1)

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

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

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

83 Paragraph 314AEC(1)(c)

Repeal the paragraph, substitute:

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

and the reporting period;

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

permitted anonymous gifts.

84 Subsection 314AEC(1) (note)

Repeal the note.

85 After subsection 314AEC(1)

Insert:

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

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

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

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

$1,000 or more.

86 Subsection 314AEC(2)

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

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

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

reporting period, the return for the reporting period must include

the following details in relation to each gift referred to in

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

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87 Subsection 314AEC(2) (note)

Repeal the note.

88 After subsection 314AEC(2)

Insert:

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

permitted anonymous gifts, the return for the reporting period must

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

the gifts were received:

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

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

activity or event; and

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

in paragraph (1)(b); and

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

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

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

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

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

89 Paragraph 314AEC(3)(a)

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

90 Subsection 314AEC(4)

Repeal the subsection.

91 Subsections 315(1) to (4)

Repeal the subsections, substitute:

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

(1) A person commits an offence if:

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

or 5A; and

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

Commission by the time required by that Division.

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Penalty: 120 penalty units.

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

(2) A person commits an offence if:

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

or 5A; and

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

and

(d) the return is incomplete.

Penalty: 120 penalty units.

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

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

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

approved form for the return.

Failing to retain records as required by section 317

(4) A person commits an offence if:

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

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

section.

Penalty: 120 penalty units.

Furnishing a Division 3 claim that is false or misleading

(4A) A person commits an offence if:

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

and

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

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

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

claim is misleading in a material particular.

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

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Furnishing a Division 4, 5 or 5A return that is false or misleading

(4B) A person commits an offence if:

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

and

(b) the return purports to be a return under Division 4, 5 or 5A;

and

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

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

return is misleading in a material particular.

Penalty: Imprisonment for 12 months or 120 penalty units, or

both.

Making a section 306AF record that is false or misleading

(4C) A person commits an offence if:

(a) the person makes a record in relation to an activity or event;

and

(b) the record purports to be made for the purpose of

section 306AF; and

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

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

record is misleading in a material particular.

Penalty: Imprisonment for 12 months or 120 penalty units, or

both.

92 Before subsection 315(5)

Insert:

Additional orders if person convicted of offence against

subsection (4A)

93 Subsection 315(5)

Omit "subsection (3) or (4)", substitute "subsection (4A)".

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94 Before subsection 315(6A)

Insert:

Giving another person false or misleading information for a

Division 3 claim

95 Subsection 315(6A) (penalty)

Repeal the penalty, substitute:

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

96 Before subsection 315(7)

Insert:

Giving another person false or misleading information for a

Division 4, 5 or 5A return

97 Subsection 315(7) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 120 penalty units, or

both.

98 Before subsection 315(8)

Insert:

Effect of continued failure to furnish a Division 4, 5 or 5A return

99 After subsection 315(10)

Insert:

Unlawful receipt of gift: situations other than when political party,

State branch or associated entity is not a body corporate, or when

gift is received by person on behalf of group

(10A) A person commits an offence if:

(a) the person (or a person acting on behalf of the person, but not

a person acting on behalf of a group) receives a gift; and

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(b) the receipt of the gift is unlawful under subsection 306AC(1),

306AD(3), 306AH(1) or 306AI(1); and

(i) a registered political party that is a body corporate; or

(ii) a State branch of a registered political party, being a

State branch that is a body corporate; or

(iii) a candidate; or

(iv) a member of a group; or

(v) an associated entity that is a body corporate.

Penalty: Imprisonment for 12 months or 240 penalty units, or

both.

Unlawful receipt of gift: registered political parties, State branches

and associated entities that are not bodies corporate

(10B) A person commits an offence if:

(a) a gift is received by (or by a person acting on behalf of) any

of the following (the recipient):

(i) a registered political party that is not a body corporate;

(ii) a State branch of a registered political party, being a

State branch that is not a body corporate;

(iii) an associated entity that is not a body corporate; and

(b) the receipt of the gift is unlawful under subsection 306AC(1),

306AD(3), 306AH(1) or 306AI(1); and

following table, and the person is specified in column 2 of

that item.

Liability for unlawful receipt of gift

Item

Column 1

If the recipient is...

Column 2

the person is liable for the offence

if the person is...

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.

a State branch of a registered

the registered officer of the party

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Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

No. , 2016

Liability for unlawful receipt of gift

Item

Column 1

If the recipient is...

Column 2

the person is liable for the offence

if the person is...

political party, being a State

branch that itself is a

registered political party

that is the State branch, the secretary

of that party (as defined in

section 123), or the agent of that

party.

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.

an associated entity

the financial controller of the

associated entity.

Penalty: Imprisonment for 12 months or 240 penalty units, or

both.

(10C) A person does not commit an offence against subsection (10B) if:

(a) the person does not know of the circumstances because of

which the receipt of the gift is unlawful; or

(b) the person takes all reasonable steps to avoid those

circumstances occurring.

Note:

A defendant bears an evidential burden of proof in relation to the

matters in subsection (10C) (see subsection 13.3(3) of the Criminal

Code).

Unlawful receipt of gift: person acting on behalf of group

(10D) A person commits an offence if:

(a) the person receives a gift; and

(b) in receiving the gift, the person is acting on behalf of a group;

and

306AH(1) or 306AI(1).

Penalty: Imprisonment for 12 months or 240 penalty units, or

both.

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Commonwealth Electoral Amendment (Donation Reform and

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Unlawful incurring of expenditure

(10E) A person commits an offence if:

(a) the person incurs expenditure; and

(b) the incurring of the expenditure is unlawful under

subsection 306AD(1) or (2) or 306AJ(1) or (2).

Penalty: Imprisonment for 12 months or 240 penalty units, or

both.

100 Before subsection 315(11)

Insert:

Prosecutions to be brought within 3 years

101 After section 315

Insert:

315AA Recovery of undisclosed gifts

(1) Subject to subsection (2), for the purpose of this section, a gift is an

undisclosed gift if:

(a) any of the following provisions (the disclosure provision)

requires details (however described) of the gift to be included

in a return:

(i) subsection 304(2) or (3);

(ii) section 314AC;

(iii) section 314AC, as it applies for the purpose of

section 314AEA;

(iv) section 314AEC; and

(b) either:

(i) the return has not been furnished by the time required

by this Part; or

(ii) the return has been furnished by that time, but it does

not include the required details of the gift.

(2) If:

(a) a notice is served on a person under subsection 318(2) in

relation to a return; and

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Transparency) Bill 2016

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(b) the notice requires the person to furnish certain particulars in

relation to a gift within a specified period (the extension

period);

then:

return as if it referred to the end of the extension period

(rather than the time by which the return is required to be

furnished); and

(d) if the particulars are furnished as required by the notice at or

before the end of the extension period, subsection (1) has

effect as if those particulars had been included in the return.

(3) If the disclosure provision in relation to an undisclosed gift is

specified in column 1 of an item in the following table, an amount

equal to the amount or value of the gift is payable to the

Commonwealth by the person or persons specified in column 2 of

that item.

Liability for receipt of undisclosed gifts

Item

Column 1

If the disclosure provision

is...

Column 2

the amount is payable by...

subsection 304(2)

the agent who is required to furnish

the return.

subsection 304(3)

the agent who is required to furnish

the return.

section 314AC

the agent who is required to furnish

the return.

section 314AC, as it applies

for the purpose of

section 314AEA

the financial controller who is

required to furnish the return.

section 314AEC

the person who is required to furnish

the return.

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

persons to the Commonwealth may be recovered by the

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

court of competent jurisdiction, against that person.

Amendment of the Commonwealth Electoral Act 1918 Schedule 1

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Commonwealth Electoral Amendment (Donation Reform and

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102 Section 315A (heading)

Repeal the heading, substitute:

315A Recovery of amounts due to Commonwealth

103 Subsection 315A(1)

Repeal the subsection, substitute:

(1) If, under a provision of this Part, an amount may be recovered by

the Commonwealth as a debt due to the Commonwealth, an action

to recover the amount may be brought in the name of the

Commonwealth by the Electoral Commissioner.

104 Subsections 316(2A) to (2C)

Repeal the subsections, substitute:

(2A) An authorised officer may, for the purpose of finding out whether a

person or entity specified in column 1 of an item in the following

table has complied with this Part or has done something that is

unlawful under this Part, by notice to a person who is, or has at any

time been, a person specified in column 2 of that item, require the

person:

(a) to produce, within the period and in the manner specified in

the notice, the documents or other things referred to in the

notice; or

(b) to appear, at a time and place specified in the notice, before

the authorised officer to give evidence, either orally or in

writing, and to produce the documents or other things

referred to in the notice.

Use of compliance powers

Item

Column 1

For compliance by these

persons and entities...

Column 2

requirements may be made of

these persons...

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.

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Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

No. , 2016

Use of compliance powers

Item

Column 1

For compliance by these

persons and entities...

Column 2

requirements may be made of

these persons...

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.

a candidate or the agent of a

candidate

the candidate, the agent of the

candidate, or any person acting on

behalf of the candidate.

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.

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.

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.

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.

(2AA) A notice to a person under subsection (2A) is to be served

personally or by post on the person.

(2AB) Subsection (2A), as it applies in relation to a person who has

furnished a return under section 305A, 305B, 314AEB or 314AEC,

is not limited just to compliance in relation to that return or the

period to which that return relates.

(2B) If a notice under subsection (2A) requires an officer of a political

party or branch (other than an agent) to appear before an authorised

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officer under paragraph (2A)(b), then the agent of the political

party or branch is entitled:

(a) to attend at the proceeding under paragraph (2A)(b); or

(b) to nominate another person, in writing, to attend on behalf of

the agent.

(2C) Failure of the agent or nominee to attend under subsection (2B)

does not affect the powers of the authorised officer to conduct the

proceeding under paragraph (2A)(b).

105 Subsection 316(5) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

106 Subsection 316(5A) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

107 Subsections 316(5B) and (5C)

Repeal the subsections.

108 Subsection 316(6) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

109 Section 319A (heading)

Repeal the heading, substitute:

319A Amendment of final claims and returns

110 Subsection 319A(1)

Omit "a claim or", substitute "a final claim or a".

111 Subsection 319A(2)

After "lodged a", insert "final".

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No. , 2016

112 After subsection 319A(4)

Insert:

(4A) However, if the amendment of the claim would increase the overall

amount of electoral expenditure claimed, election funding for the

amount of the increase is not payable.

113 Subsection 319A(9)

Omit "subsection 315(2), (3) or (4)", substitute "subsection 315(2),

(4A) or (4B)".

114 Subsections 320(4) and (5)

Repeal the subsections, substitute:

(4) Nothing in this section requires the Electoral Commission to make

a copy of a claim or return available for inspection or perusal, or to

provide a copy of a claim or return, sooner after lodgement of the

claim or return than is reasonably practicable.

115 Subsection 321(1) (definition of relevant amount)

Repeal the definition, substitute:

relevant amount means the amount specified in:

(a) subparagraphs 293(2)(a)(i) and (ii) and 293(3)(a)(i) and (ii);

and

(b) paragraphs 294(2)(a) and 295(2)(a).

116 Subsection 321(1) (definition of relevant period)

Omit "1 July 1995", substitute "the commencement of Schedule 1 to the

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Act 2016".

117 Section 321A

Repeal the section.

118 Section 384

Repeal the section.

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Application and saving provisions Part 2

No. , 2016

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

Part 2--Application and saving provisions

119 Amendments applying to reporting periods starting on or

after commencement of this Schedule

The amendments made by the following items of this Schedule apply in

relation to reporting periods that start on or after the commencement of

this Schedule:

(a) item 45;

(b) items 60 to 90.

120 Amendments applying to financial years starting on or

after the commencement of this Schedule

The amendments made by the items 56 and 57 of this Schedule apply in

relation to financial years that start on or after the commencement of

this Schedule.

121 Amendments applying to elections the writs for which

are issued on or after the commencement of this

Schedule

(1)

The amendments made by the following items of this Schedule apply in

relation to elections the writs for which are issued on or after the

commencement of this Schedule:

(a) items 7 to 9;

(b) items 11 and 12;

(d) item 18;

(e) items 23 to 27;

(f) items 29 to 44;

(g) items 54 to 55;

(h) items 109 to 112;

(i) items 115 and 116.

(2)

The amount specified in:

(a) subparagraphs 293(2)(a)(i) and (ii) and 293(3)(a)(i) and (ii)

of the Commonwealth Electoral Act 1918 (as inserted by

item 23 of this Schedule); and

Schedule 1 Amendment of the Commonwealth Electoral Act 1918

Part 2 Application and saving provisions

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

No. , 2016

(b) paragraphs 294(2)(a) and 295(2)(a) of that Act (as inserted by

that item);

must be indexed, to have effect on and from the commencement of this

Schedule, in accordance with section 321 of that Act (as amended by

items 115 and 116 of this Schedule), before the amendments mentioned

in subitem (1) apply in relation to elections the writs for which are

issued on or after the commencement of this Schedule.

122 Amendments applying to gifts etc. made on or after the

commencement of this Schedule

(1)

The amendments made by the following items of this Schedule apply to

gifts, transfers or loans made or received, or expenditure incurred, on or

after the commencement of this Schedule:

(a) item 10;

(b) items 13 and 14;

(d) items 46 to 52;

(e) item 59.

(2)

To avoid doubt, a gift made before the commencement of this Schedule

is not a permitted anonymous gift (including for the purpose of

section 314AEC of the Commonwealth Electoral Act 1918 (as amended

by this Schedule)).

123 Amendments applying to acts or omissions occurring on

or after the commencement of this Schedule

The amendments made by the following items of this Schedule apply in

relation to acts and omissions that occur on or after the commencement

of this Schedule:

(a) items 91 to 99;

(b) items 105 to 108;

(d) item 118.

Amendment of the Commonwealth Electoral Act 1918 Schedule 1

Application and saving provisions Part 2

No. , 2016

Commonwealth Electoral Amendment (Donation Reform and

Transparency) Bill 2016

124 Amendment applying to returns a person becomes

required to furnish on or after the commencement of

this Schedule

The amendment made by item 101 of this Schedule applies in relation

to returns a person becomes required to furnish on or after the

commencement of this Schedule.

125 Saving of notices under subsection 316(2A)

A notice given before the commencement of this Schedule under

subsection 316(2A) of the Commonwealth Electoral Act 1918 as then in

force has effect on and after that day as if it had been given under that

subsection as amended by item 104 of this Schedule.

Commonwealth of Australia Bills

COMMONWEALTH ELECTORAL AMENDMENT (DONATION REFORM AND TRANSPARENCY) BILL 2016