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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Electoral Amendment
(Real Time Disclosure of Political
Donations) Bill 2019
No. , 2019
(Ms Sharkie)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918, and for related purposes
No. , 2019
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2019
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2019
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 (Real Time
5
Disclosure of Political Donations) Act 2019.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 12
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2019
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2019
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Section 302V
(paragraph beginning "Gifts totalling")
4
Repeal the paragraph, substitute:
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The electoral commission must be notified of gifts made to a
6
registered political party, State branch or political campaigner as
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soon as practicable, and no later than 5 business days, after the gift
8
is received.
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In addition, if gifts totalling more than the disclosure threshold are
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made by a single person to the same registered political party, State
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branch or political campaigner during a financial year, an annual
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return must also be provided to the Electoral Commission.
13
2 Section
302V (paragraph beginning "Returns provided")
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After "Returns", insert "and notices".
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3 Section 305B (at the end of the heading)
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Add: "--annual returns".
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4 After section 305B
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Insert:
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305C Gifts to political parties and political campaigners--
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immediate notice
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(1) If a person or entity makes a gift to any of the following:
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(a) a registered political party;
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(b) a State branch of a registered political party;
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(c) a political campaigner;
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the agent or financial controller of the party, branch or campaigner
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must, in accordance with this section, give a notice to the Electoral
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Schedule 1 Amendments
4
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2019
No. , 2019
Commission as soon as practicable, and no later than 5 business
1
days, after receiving the gift.
2
Civil penalty:
3
The higher of the following:
4
(a) 60 penalty units;
5
(b) if there is sufficient evidence for the court to determine the
6
amount or value, or an estimate of the amount or value, of
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gift not disclosed--3 times that amount or value.
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(2) For the purposes of subsection (1), a person or entity who makes a
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gift to any other person or entity with the intention of benefiting a
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particular registered political party, State branch of a registered
11
political party, or political campaigner, is taken to have made that
12
gift directly to that party, branch or campaigner.
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(3) The notice must be in the approved form and set out the following:
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(a) the identity of the person or entity who made the gift;
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(b) a description of the gift;
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(c) the amount of the gift;
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(d) the date on which the gift was received;
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(e) the name and address of the registered political party, branch
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or campaigner.
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5 Subsection 320(1) (after table item 3)
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Insert:
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3A
each notice given under
section 305C of the making of a
gift
as soon as reasonably practicable
after receiving the notice.
23