ELECTORAL LEGISLATION AMENDMENT (ELECTORAL FUNDING AND DISCLOSURE REFORM) BILL 2017

2016-2017

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Electoral Legislation Amendment

(Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

(Finance)

A Bill for an Act to amend the Commonwealth

Electoral Act 1918, and for related purposes

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

Contents

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

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

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

Schedule 1--Electoral funding and disclosure reform

Part 1--Registration of political campaigners, third party

campaigners and associated entities

Division 1--Amendments

Commonwealth Electoral Act 1918

Division 2--Application and transitional provisions

Part 2--Other amendments

Division 1--Amendments

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

Division 2--Application and transitional provisions

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

A Bill for an Act to amend the Commonwealth

Electoral Act 1918, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Electoral Legislation Amendment (Electoral

Funding and Disclosure Reform) Act 2017.

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

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

according to its terms.

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

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,

Part 1

The earlier of:

(a) the first 1 July that occurs on or after the

day on which this Act receives the Royal

Assent; and

(b) 28 days after this Act receives the Royal

Assent.

3. Schedule 1,

Part 2

The first 1 July that occurs on or after the

day on which 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.

Electoral funding and disclosure reform Schedule 1

Registration of political campaigners, third party campaigners and associated entities

Part 1

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

Schedule 1--Electoral funding and disclosure

reform

Part 1--Registration of political campaigners, third

party campaigners and associated entities

Division 1

--Amendments

Commonwealth Electoral Act 1918

1 Subsection 4(1)

Insert:

civil penalty order has the meaning given by subsection 82(4) of

the Regulatory Powers Act.

2 Subsection 287(1)

Insert:

allowable amount of a person or entity for a financial year means

any amount received by the person or entity, or to which the person

or entity has access, during the financial year except:

(a) any gifts received from another person or entity that is not an

allowable donor; and

(b) any loan to which the person or entity has access.

Note:

Certain gifts may be taken to be made by allowable donors (see

subsection (9)).

allowable donor has the meaning given by section 287AA.

3 Subsection 287(1) (definition of associated entity)

Repeal the definition, substitute:

associated entity means an entity that is registered as an associated

entity under section 287L.

Note:

See section 287H for when an entity is required to be registered as an

associated entity.

Schedule 1 Electoral funding and disclosure reform

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entities

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Reform) Bill 2017

No. , 2017

4 Subsection 287(1)

Insert:

Australian resident means a person who holds a permanent visa

under the Migration Act 1958.

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.

disclosure threshold means $13,500.

Note:

This amount is indexed under section 321A.

foreign public enterprise has the meaning given by section 70.1 of

the Criminal Code.

5 Subsection 287(1) (definition of gift)

Omit "otherwise than by will,".

6 Subsection 287(1) (at the end of the definition of gift)

Add:

; or (c) any visit, experience or activity provided for the purposes of

a political exchange program.

7 Subsection 287(1)

Insert:

head office of an entity means the place of business where central

management and control of the entity are exercised.

loan means any of the following:

(a) an advance of money;

(b) a provision of credit or any other form of financial

accommodation;

Electoral funding and disclosure reform Schedule 1

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Electoral Legislation Amendment (Electoral Funding and Disclosure

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the request of, a person or entity, if there is an express or

implied obligation to repay the amount;

(d) a transaction (whatever its terms or form) which in substance

effects a loan of money.

Note:

For loans on credit cards, see subsection (10).

political campaigner means a person or entity that is registered as

a political campaigner under section 287L.

Note 1:

See also subsection (8) and section 287C (political campaigners and

third party campaigners that have branches or are not incorporated).

Note 2:

See section 287F for when a person or entity is required to be

registered as a political campaigner.

political entity means any of the following:

(a) a registered political party;

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

(d) a member of a group.

political expenditure means expenditure incurred for one or more

political purposes.

Note:

A person or entity might be taken to have incurred political

expenditure in a financial year if the person or entity was required to

be registered as a political campaigner or third party campaigner in a

previous financial year but was not so registered (see section 287J).

political purpose means any of the following purposes:

(a) the public expression by any means of views on a political

party, a candidate in an election or a member of the House of

Representatives or the Senate;

(b) the public expression by any means of views on an issue that

is, or is likely to be, before electors in an election (whether or

not a writ has been issued for the election);

referred to in paragraph (a) or (b)) for which particulars are

required to be notified under section 321D;

(d) the broadcast of political matter (not being matter referred to

in paragraph (c)) in relation to which particulars are required

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to be announced under subclause 4(2) of Schedule 2 to the

Broadcasting Services Act 1992;

(e) the carrying out of an opinion poll, or other research, relating

to an election or the voting intentions of electors;

except if:

(f) the sole or predominant purpose of the expression of the

views, or the communication, broadcast or research, is the

reporting of news, the presenting of current affairs or any

editorial content in news media; or

(g) the expression of the views, or the communication, broadcast

or research, is solely for genuine satirical, academic or

artistic purposes.

Register of Associated Entities means the Register of that name

established and maintained under section 287N.

Register of Political Campaigners means the Register of that name

established and maintained under section 287N.

Register of Third Party Campaigners means the Register of that

name established and maintained under section 287N.

senior staff of a person or entity means:

(a) for a person or entity with directors--the directors of the

person or entity; or

(b) otherwise--any person who makes or participates in making

decisions that affect the whole or a substantial part of the

operations of the person or entity.

third party campaigner means a person or entity that is registered

as a third party campaigner under section 287L.

Note 1:

See also subsection (8) and section 287C (political campaigners and

third party campaigners that have branches or are not incorporated).

Note 2:

See section 287G for when a person or entity is required to be

registered as a third party campaigner.

8 At the end of section 287

Add:

Electoral funding and disclosure reform Schedule 1

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Reform) Bill 2017

Branches of political campaigners and third party campaigners

(8) A political campaigner or third party campaigner that has branches

is, for the purposes of this Part, to be treated as a single political

campaigner or third party campaigner.

Note:

See also section 287C (political campaigners and third party

campaigners that are not incorporated).

Certain gifts taken to be made by allowable donors

(9) For the purposes of this Part, in working out a person or entity's

allowable amount for a financial year, a gift is taken to have been

made by an allowable donor to the person or entity during the

financial year if:

(a) all of the following apply:

(i) the gift was made to the person or entity during the

financial year by a donor who is not an allowable donor;

(ii) the person or entity obtained appropriate donor

information in accordance with section 302P

establishing that the donor was an allowable donor;

(iii) the person did not, at any time during the period of 6

weeks after receiving the gift, know, or have reasonable

grounds to believe, that the donor was not an allowable

donor; or

(b) the amount or value of the gift, and of all other gifts

previously made by the donor to the person or entity during

the financial year, is less than $250.

Loans on credit cards

(10) For the purposes of this Part, if credit is provided on a credit card

in respect of card transactions, the credit is to be treated as a

separate loan for each transaction.

9 After section 287

Insert:

287AA Meaning of allowable donor

(1) A person or entity is an allowable donor if:

Schedule 1 Electoral funding and disclosure reform

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entities

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Reform) Bill 2017

No. , 2017

(a) for an individual who makes a gift--the individual:

(i) is an elector; or

(ii) is an Australian citizen; or

(iii) is an Australian resident, unless a determination is in

force under subsection (2) determining that Australian

residents are not allowable donors; or

(b) for an entity that makes a gift:

(i) the entity is incorporated in Australia; or

(ii) for an entity that is not incorporated--the entity's head

office or principal place of activity is in Australia; or

trust fund or unincorporated foundation, out of which a gift is

made--the person or entity is an allowable donor within the

meaning of paragraph (a), (b) or (d); or

(d) the person or entity is in a class of persons or entities

prescribed by the regulations for the purposes of this

paragraph.

Australian residents

(2) For the purposes of subparagraph (1)(a)(iii), the Minister may, by

legislative instrument, determine that Australian residents are not

allowable donors.

Foreign political entities

(3) Despite subsection (1), an entity is not an allowable donor if the

entity is:

(a) a body politic of a foreign country; or

(b) a body politic of a part of a foreign country; or

(d) a foreign public enterprise.

10 At the end of Division 1 of Part XX

Add:

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287C Political campaigners and third party campaigners that are

not incorporated

For the purposes of this Act and the Regulatory Powers Act:

(a) expenditure is taken to be incurred by or with the authority of

an entity that is not a legal person if the expenditure is

incurred by or with the authority of any member, agent or

officer (however described) of the entity who, acting in his or

her actual or apparent authority, incurred the expenditure;

and

(b) a contravention of this Part that would otherwise have been

committed by a political campaigner or a third party

campaigner that is not a legal person is taken to have been

committed by the financial controller of the campaigner.

Note:

See also subsection 287(8) (political campaigners and third party

campaigners that have branches).

11 After Division 1 of Part XX

Insert:

Division 1A--Registration of political campaigners, third

party campaigners and associated entities

Subdivision A--Simplified outline of this Division

287D Simplified outline of this Division

A political campaigner, third party campaigner or associated entity

must be registered as such under this Division. A person may be

liable to a civil penalty if the person incurs political expenditure

without being appropriately registered.

Whether a person or entity is a political campaigner or third party

campaigner depends on the amount of political expenditure that the

campaigner incurs (which generally must be at least more than the

disclosure threshold in a particular financial year).

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Associated entities are entities that have some kind of connection

with registered political parties (such as being controlled by or

operating for the benefit of a registered political party).

The Electoral Commissioner maintains the Register of Political

Campaigners, the Register of Third Party Campaigners and the

287E Object of this Division

The object of this Division is to provide for the registration of

certain persons or entities that are not registered political parties or

candidates in elections in order to support the transparency of:

(a) the scheme established by Division 3A relating to donations;

and

(b) the schemes established by Divisions 4, 5 and 5A relating to

the disclosure of donations or electoral expenditure, and

annual returns; and

authorisation of electoral matter.

Subdivision B--Requirement to register as a political

campaigner, third party campaigner or associated

entity

287F Requirement to register as a political campaigner

(1) A person or entity (except a political entity or a member of the

House of Representatives or the Senate) must be registered for a

financial year as a political campaigner, in accordance with

subsection (2), if:

(a) the amount of political expenditure incurred by or with the

authority of the person or entity during that or any one of the

previous 3 financial years is $100,000 or more; or

(b) the amount of political expenditure incurred by or with the

authority of the person or entity:

(i) during that financial year is $50,000 or more; and

Electoral funding and disclosure reform Schedule 1

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(ii) during the previous financial year was at least 50% of

the person or entity's allowable amount for that year.

Note:

A person or entity might be taken to have incurred political

expenditure in a financial year if the person or entity was required to

be registered as a political campaigner or third party campaigner for a

previous financial year but was not so registered (see section 287J).

(2) The person or entity must be registered before the end of 28 days

after becoming required to be registered.

(3) A person or entity that is required to be registered under

subsection (1) for a financial year must not incur further political

expenditure in that financial year if the person or entity is not

registered as a political campaigner.

Note:

The financial controller of an entity may contravene this subsection if

the entity is not a legal person (see section 287C).

Civil penalty:

240 penalty units.

(4) The person or entity commits a separate contravention of

subsection (3) in respect of each day in the period:

(a) beginning on the day the person or entity first contravenes

the subsection; and

(b) ending on the day the person or entity ceases to contravene

the subsection (including the day a civil penalty order is

made in relation to any of the contraventions or any later

day).

287G Requirement to register as a third party campaigner

(1) A person or entity (except a political entity or a member of the

House of Representatives or the Senate) must be registered for a

financial year as a third party campaigner, in accordance with

subsection (2), if:

(a) the amount of political expenditure incurred by or with the

authority of the person or entity during that financial year is

more than the disclosure threshold; and

(b) the person or entity is not required to be registered as a

political campaigner under section 287F for that financial

year; and

Schedule 1 Electoral funding and disclosure reform

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Reform) Bill 2017

No. , 2017

campaigner.

Note:

A person or entity might be taken to have incurred political

expenditure in a financial year if the person or entity was required to

be registered as a political campaigner or third party campaigner for a

previous financial year but was not so registered (see section 287J).

(2) The person or entity must be registered before the end of 28 days

after becoming required to be registered.

(3) A person or entity that is required to be registered under

subsection (1) for a financial year must not incur further political

expenditure in that financial year if the person or entity is not

registered as a third party campaigner.

Note:

The financial controller of an entity may contravene this subsection if

the entity is not a legal person (see section 287C).

Civil penalty:

120 penalty units.

(4) The person or entity commits a separate contravention of

subsection (3) in respect of each day in the period:

(a) beginning on the day the person or entity first contravenes

the subsection; and

(b) ending on the day the person or entity ceases to contravene

the subsection (including the day a civil penalty order is

made in relation to any of the contraventions or any later

day).

287H Requirement to register as an associated entity

(1) An entity (except a registered political party or a State branch of a

registered political party) must be registered for a financial year as

an associated entity, in accordance with subsection (2), if any of

the following apply in that year:

(a) the entity is controlled by one or more registered political

parties;

(b) the entity operates wholly, or to a significant extent, for the

benefit of one or more registered political parties (see also

subsection (5));

Electoral funding and disclosure reform Schedule 1

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(d) another person is a financial member of a registered political

party on behalf of the entity;

(e) the entity has voting rights in a registered political party;

(f) another person has voting rights in a registered political party

on behalf of the entity.

(2) The entity must be registered before the end of 28 days after

becoming required to be registered.

(3) An entity that is required to be registered under subsection (1) for a

financial year must not incur any political expenditure in that

financial year, after becoming required to be so registered, if the

entity is not registered as an associated entity.

Note:

The financial controller of the entity may contravene this subsection if

the entity is not a legal person (see section 287C).

Civil penalty:

240 penalty units.

(4) The entity commits a separate contravention of subsection (3) in

respect of each day in the period:

(a) beginning on the day the entity first contravenes the

subsection; and

(b) ending on the day the entity ceases to contravene the

subsection (including the day a civil penalty order is made in

relation to any of the contraventions or any later day).

Entities that operate wholly, or to a significant extent, for the

benefit of registered political parties

(5) Without limiting paragraph (1)(b), an entity is, for the purposes of

this Part, taken to be an entity that operates wholly, or to a

significant extent, for the benefit of one or more registered political

parties if:

(a) the entity, or an officer of the entity acting in his or her actual

or apparent authority, has stated (in any form and whether

publicly or privately) that the entity is to operate:

(i) for the benefit of one or more registered political

parties; or

(ii) to the detriment of one or more registered political

parties in a way that benefits one or more other

registered political parties; or

Schedule 1 Electoral funding and disclosure reform

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(iii) for the benefit of a candidate in an election who is

endorsed by a registered political party; or

(iv) to the detriment of a candidate in an election in a way

that benefits one or more registered political parties; or

(b) the expenditure incurred by or with the authority of the entity

during the relevant financial year is wholly or predominantly

political expenditure, and that political expenditure is used

wholly or predominantly:

(i) to promote one or more registered political parties, or

the policies of one or more registered political parties;

(ii) to oppose one or more registered political parties, or the

policies of one or more registered political parties, in a

way that benefits one or more other registered political

parties; or

(iii) to promote a candidate in an election who is endorsed

by a registered political party; or

(iv) to oppose a candidate in an election in a way that

benefits one or more registered political parties.

287J Expenditure incurred by persons and entities that are not

registered when required to be so

(1) For the purposes of this Act, a person or entity is taken to have

incurred an amount of political expenditure in a financial year (the

current financial year) if:

(a) the person or entity incurred that amount of political

expenditure in a previous financial year; and

(b) as a result of incurring that political expenditure, the person

or entity was required to be registered as a political

campaigner or third party campaigner in the previous

financial year; and

(i) in the previous financial year; or

(ii) if the person or entity was required to be registered

under section 287F or 287G and the 28-day period in

which the person was required to be registered ended

after the end of the previous financial year--by the end

of that period.

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(2) This section ceases to apply, at the end of the current financial

year, in relation to the amount of political expenditure if the person

or entity is registered as required as a political campaigner or third

party campaigner in the current financial year.

287K Application for registration

(1) A person or entity may apply to the Electoral Commissioner to be

registered as:

(a) a political campaigner; or

(b) a third party campaigner; or

(2) The application must:

(a) be in an approved form; and

(b) without limiting paragraph (a):

(i) state the financial controller nominated for the person or

entity; and

(ii) for an application to be registered as an associated

entity--identify any registered political party with

which the entity is associated.

287L Determining an application for registration

(1) After receiving a person or entity's application under section 287K,

the Electoral Commissioner must, subject to subsection (4),

accordance with the application:

(a) if the application complies with subsection 287K(2); and

(b) for an application to be registered as a third party

campaigner--unless the Electoral Commissioner knows that

the person or entity is a political campaigner.

(2) To avoid doubt, the Electoral Commissioner may (subject to

paragraph (1)(b)) register a person or entity in accordance with the

person or entity's application whether or not the person or entity is

required to be registered under any of sections 287F to 287H.

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Persons or entities that are already on other Registers

(3) The Electoral Commissioner must remove a person or entity from

the Register of Third Party Campaigners if:

(a) the person or entity is on that Register; and

(b) the Electoral Commissioner registers the person or entity as a

political campaigner under subsection (1);

and vice versa.

Refusing registration

(4) The Electoral Commissioner must refuse to register a person or

entity in accordance with the person or entity's application under

section 287K if the Electoral Commissioner would be required to

refuse registration under subsection 129(1) (except under

paragraph 129(1)(a)) because of the name of the political

campaigner, the third party campaigner or the associated entity

assuming that:

(a) the person or entity were applying to be registered as a

political party; and

(b) references in that subsection to a "recognised political party",

"political party" or "the party" included references to a

"political campaigner", "third party campaigner" or

"associated entity"; and

references to a "political campaigner", "third party

campaigner" or "associated entity".

(5) Section 131 (variation of application) applies as if references to an

application for the registration of a political party included

references to an application for registration under this section.

Review of decisions

(6) Section 141 (review of certain decisions) applies as if:

(a) a decision under this section to refuse to register a person or

entity in accordance with the person or entity's application

under section 287K were a reviewable decision; and

(b) references to a person included references to a political

campaigner, third party campaigner or associated entity.

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287M Applications for deregistration

(1) A person or entity that is registered as a political campaigner, a

third party campaigner or an associated entity may apply to the

Electoral Commissioner to be deregistered.

(2) The application must be in an approved form.

(3) On receiving the application, the Electoral Commissioner must

deregister the person or entity as a political campaigner, a third

party campaigner or an associated entity (as the case requires).

Subdivision C--Register of Political Campaigners, Register of

Third Party Campaigners and Register of Associated

Entities

287N Register of Political Campaigners, Register of Third Party

Campaigners and Register of Associated Entities

(1) The Electoral Commissioner must establish and maintain each of

the following:

(a) a Register of Political Campaigners;

(b) a Register of Third Party Campaigners;

Content of Registers

(2) The Register of Political Campaigners must include:

(a) the name of each person or entity registered as a political

campaigner under section 287L; and

(b) the name of the financial controller of the person or entity;

and

Entities:

(i) a statement that the entity is also on the Register of

Associated Entities; and

(ii) the names of any registered political parties with which

the entity is associated.

(3) The Register of Third Party Campaigners must include:

Schedule 1 Electoral funding and disclosure reform

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(a) the name of each person or entity registered as a third party

campaigner under section 287L; and

(b) the name of the financial controller of the person or entity;

and

Entities:

(i) a statement that the entity is also on the Register of

Associated Entities; and

(ii) the names of any registered political parties with which

the entity is associated.

(4) The Register of Associated Entities must include:

(a) the name of each entity registered as an associated entity

under section 287L; and

(b) the name of the financial controller of the entity; and

entity is associated; and

(d) for any entity that is also on the Register of Political

Campaigners or the Register of Third Party Campaigners--a

statement that the entity is also on that Register.

Determination of additional information

(5) Each of the Registers may include any other information

determined by the Electoral Commissioner under subsection (6).

(6) The Electoral Commissioner may, by legislative instrument,

determine information that may or must be included in each or any

specified Register.

(7) Before making a determination under subsection (6), the Electoral

Commissioner must consult the Information Commissioner in

relation to matters that relate to the privacy functions (within the

meaning of the Australian Information Commissioner Act 2010)

and have regard to any submissions made by the Information

Commissioner because of that consultation.

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287P Obligation to notify Electoral Commissioner of changes to

information on register

(1) A person or entity that is registered as a political campaigner, third

party campaigner or associated entity must notify the Electoral

Commissioner, in an approved form, if information on the relevant

complete.

(2) The person or entity must notify the Electoral Commissioner under

subsection (1) within 28 days of the information ceasing to be

correct or complete.

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

60 penalty units.

287Q Registers to be made public etc.

(1) The Register of Political Campaigners, the Register of Third Party

Campaigners and the Register of Associated Entities may be

maintained by electronic means.

(2) Each of the Registers is to be made available to the public.

287R Entry in Registers prima facie evidence of information

An entry in the Register of Political Campaigners, the Register of

Third Party Campaigners or the Register of Associated Entities is

prima face evidence of the information contained in the entry.

12 Section 314AA (definition of amount)

Omit ", loan or bequest", substitute "or loan".

Division 2

--Application and transitional provisions

13 Application and transitional provisions

(1)

The amendments of the Commonwealth Electoral Act 1918 made by

this Part apply (subject to this item) on and after the commencement of

this item.

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Part 1 Registration of political campaigners, third party campaigners and associated

entities

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

(2)

The following amendments apply on and after the first 1 July that

occurs on or after the day this Act receives the Royal Assent:

(a) the amendments of the definition of gift in subsection 287(1),

and the definition of amount in section 314AA, of the

Commonwealth Electoral Act 1918 made by this Part;

(b) sections 287F to 287H of that Act, as inserted by this Part.

Note:

The effect of paragraph (2)(b) is that an entity that is required to be registered on the

first 1 July that occurs on or after the day this Act receives the Royal Assent has 28 days

from that day to become registered (see subsections 287F(2), 287G(2) and 287H(2) of

the Commonwealth Electoral Act 1918).

(3)

If this Part commences before Schedule 1 to the Electoral and Other

Legislation Amendment Act 2017, paragraph (c) of the definition of

political purpose in subsection 287(1) of the Commonwealth Electoral

Act 1918, as inserted by this Part, applies until that commencement as if

that paragraph referred instead to "the printing, production, publication

or distribution of any material (not being material referred to in

subparagraph 314AEB(1)(a)(i) or (ii)) that is required under

section 328, 328A or 328B to include a name, address or place of

business".

Electoral funding and disclosure reform Schedule 1

Other amendments Part 2

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

Part 2--Other amendments

Division 1

--Amendments

Commonwealth Electoral Act 1918

14 Subsection 17A(1)

Omit "an offence that has, or may have been, committed against

section 315", substitute "a contravention or potential contravention of a

civil penalty provision in this Act".

15 Before section 287

Insert:

286A Simplified outline of this Part

This Part deals with the funding of registered political parties,

candidates and groups. It also deals with gifts and other financial

matters relating to parties, candidates, groups, political

campaigners, third party campaigners and associated entities.

Registered political parties, candidates and groups must have

agents. Political campaigners, third party campaigners and

associated entities must have financial controllers. Many of the

obligations in this Part are imposed on those agents and financial

controllers.

Registered political parties, candidates and groups may be entitled

to election funding. The election funding is payable in relation to

any candidate who received more than 4% of the total first

preference votes cast in the election.

Generally, gifts of over $250 to political entities (who are

registered political parties, candidates and Senate groups), and

most political campaigners, must be made by allowable donors

(who, broadly, have a connection to Australia). Similarly, only

allowable donors may make gifts of more than $250 in a financial

year to a single political entity or political campaigner.

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

Gifts to third party campaigners, and to political campaigners that

are registered charities or registered organisations, from

non-allowable donors must not be made or used for political

purposes. Gifts to such charities and organisations from

non-allowable donors must be kept in a separate account.

Generally, gifts must also be paid from bank accounts in Australia.

Specified particulars must be provided for gifts over $250.

There are obligations to disclose certain gifts made to:

(a)

candidates and members of groups during an election

period; and

(b)

registered political parties, State branches and political

campaigners.

Certain expenditure incurred by or with the authority of candidates

and groups during an election period must also be disclosed.

Each financial year, registered political parties, political

campaigners, third party campaigners and associated entities are

required to disclose details relating to amounts received or paid or

incurred by the parties, campaigners or entities during the year.

16 Subsection 287(1)

Insert:

electoral expenditure has the meaning given by subsection 308(1).

17 Subsection 287(1) (definition of financial controller)

Omit "an entity, means", substitute "a person or entity, means (subject

to section 292F)".

18 Subsection 287(1) (paragraphs (a), (b) and (c) of the

definition of financial controller)

Omit "the entity", substitute "the person or entity".

19 Division 2 of Part XX (heading)

Repeal the heading, substitute:

Electoral funding and disclosure reform Schedule 1

Other amendments Part 2

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

Division 2--Agents and financial controllers

20 Before section 288

Insert:

Subdivision A--Simplified outline of this Division

287V Simplified outline of this Division

Political parties, candidates and groups must have an agent.

Political campaigners, third party campaigners and associated

entities must nominate a financial controller.

The Electoral Commissioner keeps a Register of Party Agents.

Information about financial controllers for political campaigners,

third party campaigners and associated entities are kept in the

Registers under Division 1A.

The agents are responsible for making claims for election funding

under Division 3, and agents and financial controllers are

responsible for complying with Division 3A, and providing returns

under Divisions 4 to 5A.

Subdivision B--Appointment of agents

21 Sections 288A to 290

Repeal the sections, substitute:

289 Appointment of agents by candidates and groups

Agents of candidates

(1) A candidate in an election (including a member of a group of

candidates) may appoint a person to be the agent of the candidate

in relation to the election.

Note:

A group of candidates has an agent who is separate from the

candidates' agents (see subsections (3) and (4)).

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

(2) If the candidate does not appoint an agent, the candidate is taken to

be his or her own agent in relation to the election.

Agents of members of groups

(3) The members of a group of candidates in an election may appoint a

person to be the agent of the group in relation to the election.

(4) If the members of a group of candidates do not appoint an agent:

(a) if all the members have been endorsed by the same registered

political party--the agent of the State branch of the party

organised on the basis of the State or Territory in which the

election is to be held is taken to be the agent of the group in

relation to the election; and

(b) otherwise--the candidate whose name appears first in the

group in the ballot papers (or if that candidate dies, the

candidate whose name appears next highest in the ballot

papers) is taken to be the agent of the group in relation to the

election.

22 Paragraphs 292(2)(b) and (3)(b)

Omit "subsection 290(1)", substitute "subsection 292F(1)".

23 Paragraph 292B(a)

After "Division", insert "3A,".

24 Subsection 292(4)

Omit "subsection 290(1)", substitute "subsection 292F(1)".

25 Section 292D

Repeal the section, substitute:

292D Notice of death or resignation of agent of candidate or group

Death

(1) If the agent of a candidate or group dies, the candidate or a member

of the group must, without delay, give to the Electoral Commission

notice in writing of the death.

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Other amendments Part 2

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

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Resignation

(2) If the agent of a candidate or group resigns, the agent must, without

delay, give to the Electoral Commission notice in writing of the

resignation.

26 At the end of Division 2 of Part XX

Add:

Subdivision C--Nomination of financial controllers

292E Financial controllers of political campaigners, third party

campaigners and associated entities

(1) Each political campaigner, third party campaigner and associated

entity must nominate a financial controller.

Note:

See the definition of financial controller in subsection 287(1).

(2) If the political campaigner, third party campaigner or associated

entity is an individual, he or she may nominate himself or herself

as the financial controller.

(3) If the political campaigner, third party campaigner or associated

entity (the campaigner or entity) is not a legal person, an

individual acting on behalf of the campaigner or entity must

nominate the financial controller.

Subdivision D--Requirements for appointment or nomination

292F Requirements for appointment or nomination

(1) An appointment of an agent under section 288 or 289, or a

nomination of a financial controller under section 292E, must meet

the following conditions (subject to subsection (2)):

(a) the person appointed or nominated is an individual who is at

least 18 years old;

(b) written notice of the appointment or nomination is given to

the Electoral Commission:

(i) for an appointment made by a political party or a State

branch of a political party--by the party or branch; and

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

(ii) for any other appointment--by the candidate, or each

member of the group, making the appointment; and

(iii) for a nomination of a financial controller of a political

campaigner, third party campaigner or associated

entity--by the campaigner or entity nominating the

financial controller;

person appointed or nominated are set out in the notice;

(d) the person appointed or nominated:

(i) has signed a form of consent to the appointment or

nomination; and

(ii) has signed a declaration that he or she is eligible for

appointment or nomination;

(e) for a nomination under section 292E--the person nominated

meets the definition of financial controller in

subsection 287(1).

(2) Subsection (1) does not apply in relation to a person who is taken

to be an agent under subsection 289(2) or (4).

(3) A consent or declaration under subsection (1) may be incorporated

in, or written on the same paper as, a notice under that subsection.

(4) A person is not eligible to be:

(a) appointed as an agent of a political party, candidate or group;

(b) nominated as a financial controller of a political campaigner,

third party campaigner or associated entity;

if the person is convicted of an offence against this Part.

27 Sections 294 and 297

Repeal the sections, substitute:

Subdivision A--Simplified outline of this Division

292G Simplified outline of this Division

Election funding may be payable in relation to registered political

parties, candidates and groups under this Division. The election

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Other amendments Part 2

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

funding is payable in relation to any candidate who received more

than 4% of the total first preference votes cast in the election.

However, a claim must be made for election funding to be paid.

The amount of the election funding is worked out by reference to

the number of formal first preference votes received by the

candidate. However, the amount is capped at the amount of actual

expenditure incurred by the candidate or the registered political

party endorsing the candidate.

Subdivision B--Election funding

293 Election funding for registered political parties

(1) Election funding is payable in relation to a registered political party

under this section for an election if either of the following applies:

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

of Representatives election, or 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;

(b) in respect of candidates whom the party endorses in a Senate

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

of formal first preference group votes given for the

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

preference votes cast in the election.

Note:

A claim must be made for the election funding to be paid (see

section 297).

(2) The amount of election funding that is payable in relation to the

party is the lesser of:

(a) the total of the following:

(i) $2.70479 for each formal first preference vote given for

a candidate in relation to whom paragraph (1)(a) is

satisfied;

(ii) $2.70479 for each formal first preference group vote in

respect of a group in relation to which paragraph (1)(b)

is satisfied;

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

based on formal first preference votes and formal first

preference group votes counted as at the day a determination

on the party's interim claim or final claim (as the case

requires) for election funding is made by the Electoral

Commission; 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:

The amounts in subparagraphs (2)(a)(i) and (ii) are indexed under

section 321.

294 Election funding for unendorsed candidates

(1) Election funding is payable in relation to a candidate 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.

Note:

A claim must be made for the election funding to be paid (see

section 297).

(2) The amount of election funding that is payable in relation to the

candidate is the lesser of:

(a) $2.70479 for each formal first preference vote given for the

candidate in the election, based on formal first preference

votes counted as at the day a determination on the

candidate's interim claim or final claim (as the case requires)

for election funding is made by the Electoral Commission;

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.

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Other amendments Part 2

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Note:

The amount in paragraph (2)(a) is indexed under section 321.

295 Election funding for unendorsed groups

(1) Election funding is payable in relation to a group in a Senate

election under this section if:

(a) none of the group's members is a candidate 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.

Note:

A claim must be made for the election funding to be paid (see

section 297).

(2) The amount of election funding that is payable in relation to the

group is the lesser of:

(a) $2.70479 for each formal first preference group vote in the

Senate election, based on formal first preference votes and

formal first preference group votes counted as at the day a

determination on the group's interim claim or final claim (as

the case requires) for election funding is made by the

Electoral Commission; 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.

Note:

The amount in paragraph (2)(a) is indexed under section 321.

Subdivision C--Claims for election funding

297 Need for a claim

(1) For an amount of election funding to be paid, a claim must be

made by:

(a) the agent of a registered political party; or

(b) the agent of a candidate or group.

(2) The agent may make:

(a) an interim claim; or

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

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

Note:

If an interim claim only is made, see subsections 298C(3) and (4).

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

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

expenditure has been specified in an interim claim.

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

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

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

298 Electoral expenditure incurred

(1) 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 claim made by the agent of a candidate in an election who is not

endorsed by a registered political party must specify electoral

expenditure:

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

(b) for which election funding is sought.

(3) 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 an approved form; and

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Other amendments Part 2

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Electoral Legislation Amendment (Electoral Funding and Disclosure

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payable; and

(d) if the election funding is payable to more than one person--

specify the percentages in which the election funding is

payable to each person; and

(e) provide all the information, and be accompanied by any

documents, required by the form.

298B Lodging of claim

(1) A claim must be lodged with the Electoral Commission during the

period:

(a) beginning 20 days after the polling day for the election or

elections; and

(b) ending 6 months after that polling day.

(2) A claim is taken not to have been made if it is not lodged within

that period.

298C Determination of claim

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

Commission receiving a claim:

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

part; and

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

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

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

the Electoral Commission must only consider:

(a) whether expenditure claimed is electoral expenditure; and

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

(i) whether the electoral expenditure was incurred; and

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

claim made by another agent.

(3) If an interim claim is accepted, in whole or in part, and a final

claim is not lodged:

(a) no further election funding is payable; and

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

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

whole or in part, by the Electoral Commission for the

purposes of subsection 301(1); and

claim is taken to be a final claim refused in part by the

Electoral Commission for the purposes of sections 298F,

298G and 298H.

(4) If:

(a) an interim claim is refused; and

(b) a final claim is not lodged;

the interim claim is taken to be a final claim refused by the

Electoral Commission for the purposes of sections 298F, 298G and

298H.

(5) To avoid doubt, subsection (3) does not require the Electoral

Commission to determine the amount of election funding that is

payable based on formal first preference votes and formal first

preference group votes counted as at the day the interim claim is

taken to be a final claim.

298D Payment to be made following acceptance of an interim claim

(1) This section applies if the Electoral Commission accepts, in whole

or in part, an interim claim made by the agent of a registered

political party, candidate or group in relation to an election or

elections.

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

Commission receiving the claim, pay 95% of the amount that is

payable in relation to the party, candidate or group under

subsection 293(2), 294(2) or 295(2), in accordance with paragraphs

298A(c) and (d).

Note 1:

Under paragraphs 298A(c) and (d), a claim may specify the person or

persons to whom, and percentages in which, election funding is

payable.

Note 2:

See also section 299A if the amount is payable to the agent of a

registered political party.

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Other amendments Part 2

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298E Payment to be made following acceptance of a final claim

(1) This section applies if the Electoral Commission accepts, in whole

or in part, a final claim made by the agent of a registered political

party, candidate or group in relation to an election or elections.

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

Commission receiving the claim, pay the amount that is payable in

relation to the party, candidate or group under subsection 293(2),

294(2) or 295(2), reduced by any amount that has been paid in

accordance with section 298D, in accordance with paragraphs

298A(c) and (d).

Note 1:

Under paragraphs 298A(c) and (d), a claim may specify the person or

persons to whom, and percentages in which, election funding is

payable.

Note 2:

See also section 299A if the amount is payable to the agent of a

registered political party.

298F Refusing a final claim

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

Commission must cause to be given to 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.

Note:

A notice may be required under this section if an interim claim that is

refused, in whole or in part, is taken to be a final claim under

paragraph 298C(3)(c) or subsection 298C(4).

298G Application for reconsideration of decision to refuse 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.

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

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(3) The application must be made within:

(a) 28 days after the day on which the 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.

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).

(5) Subsections 141(5) to (6A) apply in relation to a decision under

this section in the same way as those subsections apply to a

reviewable decision made by the Electoral Commission under

subsection 141(2) or (4).

Subdivision D--Payments of election funding

28 Section 299

Repeal the section, substitute:

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299 Recovery of amounts that are not payable

If:

(a) a payment is made under this Division; and

(b) the recipient is not entitled to receive the whole or a part of

the amount paid;

that amount or part may be recovered by the Commonwealth as a

debt due to the Commonwealth by action against the person in a

court of competent jurisdiction.

29 Subsection 299A(1)

Omit "under section 299 to the agent or principal agent", substitute

"under section 298D or 298E to the agent".

30 At the end of subsection 299A(1)

Add:

Note:

An interim claim or final claim must specify the person to whom

election funding is payable which may be the agent (see

paragraph 298A(c)).

31 Subsection 299A(8)

Omit "or principal agent".

32 Sections 300 and 301

Repeal the sections, substitute:

Subdivision E--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;

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

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.

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.

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Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

33 After Division 3 of Part XX

Insert:

Division 3A--Requirements relating to donations

Subdivision A--Interpretation

302A Simplified outline of this Division

This Division regulates gifts that are made to registered political

parties, candidates, groups, political campaigners and third party

campaigners.

Gifts of over $250 to political entities (broadly, registered political

parties, candidates and Senate groups), and most political

campaigners, must be made by allowable donors. Similarly, only

allowable donors may make gifts of more than $250 in a financial

year to a single political entity or political campaigner. An

allowable donor is a person who has a connection to Australia,

such as an Australian citizen or an entity that is incorporated in

Australia.

Gifts to third party campaigners, and to political campaigners that

are registered charities or registered organisations, from

non-allowable donors must not be made or used for political

purposes. Gifts to such charities and organisations from

non-allowable donors must be kept in a separate account.

Anti-avoidance provisions apply to strengthen these requirements.

Generally, gifts must also be paid from bank accounts in Australia.

Specified particulars must be provided for gifts over $250.

A person may be liable for a civil penalty for contravening the

requirements. There are some exceptions such as when a gift is

made in a personal capacity.

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302B Interpretation

(1) In this Division:

acceptable action is taken in relation to a gift if any of the

following action is taken:

(a) an amount equal to the amount or value of the gift is

transferred to the Commonwealth for the purposes of this

Division;

(b) the gift is returned to the donor or the person who made the

gift;

transferred to the donor or the person who made the gift.

appropriate donor information has the meaning given by

section 302P.

Persons to remain candidates and groups for 30 days after an

election

(2) For the purpose of this Division:

(a) a person who is a candidate in an election is taken to remain a

candidate; and

(b) persons who constituted a group in an election are taken to

continue to constitute the same group;

for 30 days after the polling day in the election.

302C Object of this Division

(1) The object of the Division is to secure and promote the actual and

perceived integrity of the Australian electoral process by reducing

the risk of foreign persons and entities exerting (or being perceived

to exert) undue or improper influence in the outcomes of elections.

(2) This Division aims to achieve this object by restricting the receipt

and use of political donations made by foreign persons or entities

that do not have a legitimate connection to Australia.

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Subdivision B--Offences and civil penalty provisions relating to

donations

302D Donations to registered political parties, candidates, Senate

groups and political campaigners

(1) A person contravenes this subsection if:

(a) the person is:

(i) an agent of a political entity (the gift recipient); or

(ii) a financial controller of a political campaigner (the gift

recipient); and

(b) a gift is made to, or for the benefit of, the gift recipient during

a financial year; and

(d) the donor is not an allowable donor; and

(e) at the time the gift is made:

(i) the amount or value of the gift is at least $250; or

(ii) the amount or value of the gift, and of all gifts

previously made by the donor to the gift recipient

during the financial year, is at least $250; and

(f) acceptable action has not been taken in relation to the gift

before the end of 6 weeks after the gift is made; and

(g) at the time the gift is made, the gift recipient is not registered

under:

(i) the Australian Charities and Not-for-Profits

Commission Act 2012; or

(ii) the Fair Work (Registered Organisations) Act 2009.

Note 1:

For exceptions to this provision, see sections 302M (seeking

information about allowable donor status) and 302N (gifts made in

private capacity).

Note 2:

The amount or value of the gift might be a debt due to the

Commonwealth under section 302Q.

Note 3:

The physical elements of an offence against subsection (2) are set out

in this subsection (see section 302R).

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Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 10 years imprisonment or 600 penalty units, or both.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

1,000 penalty units.

Provision not continuing offence or civil penalty

(4) Section 4K of the Crimes Act 1914 does not apply in relation to an

offence against subsection (2). Section 93 of the Regulatory

Powers Act does not apply in relation to a contravention of

subsection (3).

302E Donations to third party campaigners and certain political

campaigners

(1) A person contravenes this subsection if:

(a) the person is a financial controller of:

(i) a political campaigner (the gift recipient); or

(ii) a third party campaigner (the gift recipient); and

(b) a gift is made to, or for the benefit of, the gift recipient during

a financial year; and

(d) the person is not an allowable donor; and

(e) at the time the gift is made, the gift recipient is:

(i) a third party campaigner; or

(ii) a political campaigner that is registered under the

Australian Charities and Not-for-Profits Commission

Act 2012 or the Fair Work (Registered Organisations)

Act 2009; and

(f) either of the conditions in subsection (2) is met; and

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(g) acceptable action has not been taken in relation to the gift

before the end of 6 weeks after the gift is made.

Note 1:

For an exception to this provision, see section 302M (seeking

information about allowable donor status).

Note 2:

The amount or value of the gift might be a debt due to the

Commonwealth under section 302Q.

Note 3:

The physical elements of an offence against subsection (2) are set out

in this subsection (see section 302R).

(2) A condition in this subsection is met if:

(a) the total of the following amounts is more than the gift

recipient's allowable amount for the financial year:

(i) the amount of political expenditure incurred by the gift

recipient during the financial year;

(ii) the total amount or value of gifts made to a political

entity or political campaigner by the gift recipient

during the financial year; or

(b) the gift is expressly made (whether wholly or partly) for one

or more political purposes, and at the time the gift is made:

(i) the amount or value of the gift is at least $250; or

(ii) the amount or value of the gift, and of all gifts

previously made by the donor to the gift recipient

during the financial year, is at least $250.

Offence

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 10 years imprisonment or 600 penalty units, or both.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

1,000 penalty units.

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Provision not continuing offence or civil penalty

(5) Section 4K of the Crimes Act 1914 does not apply in relation to an

offence against subsection (3). Section 93 of the Regulatory

Powers Act does not apply in relation to a contravention of

subsection (4).

302F Donations to political campaigners that are registered charities

and organisations

(1) A person contravenes this subsection if:

(a) the person is a financial controller of a political campaigner

that is registered under the Australian Charities and

Not-for-Profits Commission Act 2012 or the Fair Work

(Registered Organisations) Act 2009; and

(b) a gift is made to the campaigner by, or on behalf of, a person;

and

(d) the gift is paid into an account; and

(e) political expenditure, or one or more gifts to one or more

political entities or political campaigners, are paid by the

political campaigner from the account; and

(f) acceptable action has not been taken in relation to the gift

referred to in paragraph (1)(b) before the end of 6 weeks after

that gift is made.

Note 1:

For an exception to this provision, see section 302M (seeking

information about allowable donor status).

Note 2:

The physical elements of an offence against subsection (2) are set out

in this subsection (see section 302R).

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 10 years imprisonment or 600 penalty units, or both.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

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Civil penalty:

1,000 penalty units.

Provision not continuing offence or civil penalty

(4) Section 4K of the Crimes Act 1914 does not apply in relation to an

offence against subsection (2). Section 93 of the Regulatory

Powers Act does not apply in relation to a contravention of

subsection (3).

302G Soliciting gifts from non-allowable donors

(1) A person (the first person) contravenes this subsection if:

(a) the first person solicits another person (the donor) to:

(i) make a gift; or

(ii) have a gift made on behalf of the donor;

(whether or not the gift is actually made); and

(b) the donor is not an allowable donor; and

gift, or of the amount or value of the gift, be transferred to

any of the following (the future gift recipient):

(i) a political entity;

(ii) a political campaigner;

(iii) any other person for one or more political purposes; and

(d) at the time the gift is solicited, the future gift recipient is not

registered under:

(i) the Australian Charities and Not-for-Profits

Commission Act 2012; or

(ii) the Fair Work (Registered Organisations) Act 2009.

Note 1:

For an exception to this provision, see section 302M (seeking

information about allowable donor status).

Note 2:

The amount or value of the gift might be a debt due to the

Commonwealth under section 302Q.

Note 3:

The physical elements of an offence against subsection (3) are set out

in this subsection (see section 302R).

Exception--private capacity

(2) Subsection (1) does not apply if the first person solicited the gift

intending that all or part of the gift, or of the amount or value of the

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gift, be transferred to a person or entity referred to in

paragraph (1)(c) in a private capacity for his or her personal use.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matters in this subsection (see

subsection 13.3(3) of the Criminal Code and section 96 of the

Regulatory Powers Act).

Offence

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 5 years imprisonment or 300 penalty units, or both.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

500 penalty units.

302H Receiving gifts from non-allowable donors in order to transfer

the gifts

(1) A person (the first person) contravenes this subsection if:

(a) a gift is made to the first person by, or on behalf of, another

person (the donor); and

(b) the donor is not an allowable donor; and

the gift, or of the amount or value of the gift, be transferred to

any of the following (the gift recipient):

(i) a political entity;

(ii) a political campaigner;

(iii) any other person for one or more political purposes; and

(d) at the time the gift is made, the gift recipient is not registered

under:

(i) the Australian Charities and Not-for-Profits

Commission Act 2012; or

(ii) the Fair Work (Registered Organisations) Act 2009.

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Note 1:

For an exception to this provision, see section 302M (seeking

information about allowable donor status).

Note 2:

The amount or value of the gift might be a debt due to the

Commonwealth under section 302Q.

Note 3:

The physical elements of an offence against subsection (3) are set out

in this subsection (see section 302R).

Exception--private capacity

(2) Subsection (1) does not apply if the first person received the gift

intending that all or part of the gift, or of the amount or value of the

gift, be transferred to a person or entity referred to in

paragraph (1)(c) in a private capacity for his or her personal use.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matters in this subsection (see

subsection 13.3(3) of the Criminal Code and section 96 of the

Regulatory Powers Act).

Offence

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 5 years imprisonment or 300 penalty units, or both.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

500 penalty units.

302J Forming bodies corporate for the purposes of avoiding

restrictions in this Division

(1) A person contravenes this subsection if:

(a) the person forms, or participates in the formation of, a body

corporate in Australia; and

(b) the person does so solely or predominantly for the purpose of

making a gift that, under this Division, it is unlawful to

receive or retain, or use for a political purpose.

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Note:

The physical elements of an offence against subsection (2) are set out

in this subsection (see section 302R).

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 5 years imprisonment or 300 penalty units, or both.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

500 penalty units.

Subdivision C--Other offences and civil penalty provisions

302K Donations from foreign bank accounts, or donations made

while in a foreign country

(1) A person contravenes this subsection if:

(a) the person is:

(i) an agent of a political entity (the gift recipient); or

(ii) a financial controller of a political campaigner (the gift

recipient); and

(b) a gift is made to, or for the benefit of, the gift recipient; and

(i) the gift is made directly from an account with a bank,

credit union, building society or similar institution that

is held in a foreign country; or

(ii) the gift is made by telegraphic or electronic transfer by a

person who is in a foreign country at the time of making

the gift (except if the gift is made from an account held

by a bank, credit union, building society or similar

institution in Australia); and

(d) acceptable action has not been taken in relation to the gift

before the end of 6 weeks after the gift is made; and

(e) at the time the gift is made, the gift recipient is not registered

under:

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(i) the Australian Charities and Not-for-Profits

Commission Act 2012; or

(ii) the Fair Work (Registered Organisations) Act 2009.

Note 1:

For an exception to this provision, see section 302N (gifts made in

private capacity).

Note 2:

The amount or value of the gift might be a debt due to the

Commonwealth under section 302Q.

Note 3:

The physical elements of an offence against subsection (2) are set out

in this subsection (see section 302R).

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 10 years imprisonment or 600 penalty units, or both.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

1,000 penalty units.

Provision not continuing offence or civil penalty

(4) Section 4K of the Crimes Act 1914 does not apply in relation to an

offence against subsection (2). Section 93 of the Regulatory

Powers Act does not apply in relation to a contravention of

subsection (3).

302L Donations of at least $250 etc. without appropriate donor

information

(1) A person contravenes this subsection if:

(a) the person is:

(i) an agent of a political entity (the gift recipient); or

(ii) a financial controller of a political campaigner (the gift

recipient); and

(b) a gift is made to, or for the benefit of, the gift recipient during

a financial year; and

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(d) at the time the gift is made:

(i) the amount or value of the gift is at least $250; or

(ii) the amount or value of the gift, and of all gifts

previously made by the donor to the gift recipient

during the financial year, is at least $250; and

(e) before the end of 6 weeks after the gift is made, appropriate

donor information has not been obtained in accordance with

section 302P establishing that the donor is an allowable

donor; and

(f) acceptable action has not been taken in relation to the gift

before the end of that 6-week period; and

(g) at the time the gift is made, the gift recipient is not registered

under:

(i) the Australian Charities and Not-for-Profits

Commission Act 2012; or

(ii) the Fair Work (Registered Organisations) Act 2009.

Note 1:

For an exception to this provision, see section 302N (gifts made in

private capacity).

Note 2:

The amount or value of the gift might be a debt due to the

Commonwealth under section 302Q.

Note 3:

The physical elements of an offence against subsection (2) are set out

in this subsection (see section 302R).

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 10 years imprisonment or 600 penalty units, or both.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

1,000 penalty units.

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Provision not continuing offence or civil penalty

(4) Section 4K of the Crimes Act 1914 does not apply in relation to an

offence against subsection (2). Section 93 of the Regulatory

Powers Act does not apply in relation to a contravention of

subsection (3).

Subdivision D--Exceptions and other provisions relating to

offences and civil penalty provisions

302M Exception--seeking information about allowable donor status

Subsection 302D(1), 302E(1), 302F(1), 302G(1) or 302H(1) does

not apply if:

(a) the person who, apart from this section, would contravene the

subsection obtained appropriate donor information in

accordance with section 302P establishing that the donor was

an allowable donor; and

(b) the person did not, at the following time or times, know, or

have reasonable grounds to believe, that the donor was not an

allowable donor:

(i) for subsection 302D(1), 302E(1) or 302F(1)--at any

time during the 6-week period referred to in that

subsection;

(ii) for subsection 302G(1)--at the time the gift is solicited;

(iii) for subsection 302H(1)--at the time the gift is received.

Note:

A person who wishes to rely on this section bears an evidential burden

in relation to the matters in this section (see subsection 13.3(3) of the

Criminal Code and section 96 of the Regulatory Powers Act).

302N Exception--gifts made in private capacity

Subsection 302D(1), 302K(1) or 302L(1) does not apply if the

relevant gift was made in a private capacity to the relevant gift

recipient for his or her personal use.

Note:

A person who wishes to rely on this section bears an evidential burden

in relation to the matters in this section (see subsection 13.3(3) of the

Criminal Code and section 96 of the Regulatory Powers Act).

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302P Information relating to allowable donor status

(1) A person (the first person) obtains appropriate donor information

from another person establishing that the other person is an

allowable donor if:

(a) the first person obtains a statutory declaration from the other

person declaring that the other person is an allowable donor

(unless subsection (2) applies); or

(b) if the regulations determine information that the first person

may seek from the other person in order to establish that the

other person is an allowable donor--the first person obtains

that information from the other person.

(2) For the purposes of paragraph (1)(b), the regulations may (but are

not required to) determine that a statutory declaration that a person

is an allowable donor is not appropriate donor information.

Note:

A person who obtains appropriate donor information may not commit

an offence or contravene a civil penalty provision in this Division (see

subsection 287(9) and section 302M).

302Q Debts due to the Commonwealth

(1) This section applies if:

(a) a gift is made to, or for the benefit of, a person (the gift

recipient); and

(b) a court has determined that the gift recipient or any other

person has contravened any of sections 302D to 302L (except

section 302J) in relation to the gift.

(2) The amount or value of the gift (determined at the time the gift is

made) is payable by the gift recipient to the Commonwealth and

may be recovered by the Commonwealth as a debt due to the

Commonwealth by action in a court of competent jurisdiction.

302R Physical elements of offences

(1) This section applies if a provision of this Division provides that a

person contravening another provision of this Act (the conduct

rule provision) commits an offence.

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(2) For the purposes of applying Chapter 2 of the Criminal Code to the

offence, the physical elements of the offence are set out in the

conduct rule provision.

Note:

Chapter 2 of the Criminal Code sets out general principles of criminal

responsibility.

34 Before section 303

Insert:

302V Simplified outline of this Division

Candidates and members of groups in an election who receive gifts

during the disclosure period for the election must disclose the gifts

by providing a return to the Electoral Commission. In addition,

persons who make such gifts, where the value or amount of the

gifts is more than the disclosure threshold, must also disclose the

gifts.

Gifts totalling more than the disclosure threshold that are made by

a single person to the same registered political party, State branch

or political campaigner during a financial year must also be

disclosed in a return provided to the Electoral Commission.

Returns provided under this Division are published by the Electoral

Commission under section 320.

There are limitations on loans made to political parties, State

branches, political campaigners, candidates or groups that are more

than the disclosure threshold.

Gifts of more than the disclosure threshold to a political party,

State branch, political campaigner, candidate or group by a

corporation that is wound up within a year of making the gift may

be recovered from the recipient of the gift.

35 At the end of section 303

Add:

Note:

Particulars provided under subsection 318(2) may be taken to be a

return provided under this Division (see subsection 318(2A)).

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36 Subsection 304(2)

After "approved form", insert "and in accordance with this section".

37 At the end of subsection 304(2)

Add:

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

180 penalty units.

38 Subsection 304(3)

After "approved form", insert "and in accordance with this section".

39 At the end of subsection 304(3)

Add:

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

180 penalty units.

40 After subsection 304(3)

Insert:

(3AA) A return provided under subsection (2) or (3) must also include

details of:

(a) any senior staff employed or engaged by or on behalf of the

person or group in the person or group's capacity as a

candidate or group, and any membership of any registered

political party that any of those members of staff have; and

(b) any discretionary benefits (however described) received by,

or on behalf of, the person or any of the members of the

group from the Commonwealth, a State or a Territory during

the period of 12 months before the polling day in the election

or by-election.

Note:

For the definition of senior staff, see subsection 287(1).

41 Subparagraph 304(5)(b)(ii)

Omit "$10,000 or less", substitute "less than or equal to the disclosure

threshold".

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42 Paragraph 304(5)(c)

Omit "$10,000 or less", substitute "less than or equal to the disclosure

threshold".

43 Subsection 304(5) (note)

Repeal the note.

44 Paragraphs 304(6)(b) and (c)

Omit "exceeds $10,000", substitute "is more than the disclosure

threshold".

45 Subsection 304(6) (note)

Repeal the note.

46 Paragraph 305A(1)(a)

After "election" (wherever occurring), insert "or by-election".

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

Omit "$10,000", substitute "the disclosure threshold".

48 Paragraph 305A(1)(c)

Repeal the paragraph, substitute:

a political entity or associated entity.

49 Subsection 305A(1) (note)

Repeal the note.

50 Paragraph 305A(1A)(a)

After "election", insert "or by-election".

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

Omit "$10,000", substitute "the disclosure threshold".

52 Paragraph 305A(1A)(c)

Repeal the paragraph, substitute:

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a political entity or associated entity.

53 Subsection 305A(1A) (note)

Repeal the note.

54 Subsection 305A(2)

After "person must", insert ", in accordance with this section,".

55 Paragraph 305A(2)(b)

Omit "$10,000", substitute "the disclosure threshold".

56 Subsection 305A(2) (note)

Repeal the note, substitute:

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

60 penalty units.

57 Subsection 305A(2A)

After "election", insert "or by-election".

58 Paragraph 305A(3)(a)

After "election", insert "or by-election".

59 Subsection 305A(5)

Repeal the subsection.

60 Section 305B (heading)

Repeal the heading, substitute:

305B Gifts to political parties and political campaigners

61 Subsections 305B(1) and (2)

Repeal the subsections, substitute:

(1) If, in a financial year, a person makes gifts totalling more than the

disclosure threshold to:

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(a) the same registered political party; or

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

the person must, in accordance with this section, provide a return

to the Electoral Commission within 20 weeks after the end of the

financial year, covering all the gifts that the person made to that

political party, branch or campaigner during the financial year.

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

60 penalty units.

(2) For the purposes of subsection (1), a person who makes a gift to

any person or body with the intention of benefiting a particular

registered political party, State branch of a registered political

party, or political campaigner, is taken to have made that gift

directly to that party, branch or campaigner.

62 Paragraph 305B(3)(c)

Omit "or branch", substitute ", branch or campaigner".

63 Subsection 305B(3A)

Repeal the subsection, substitute:

(3A) The return must also set out the relevant details of any gift received

by the person at any time if:

(a) the gift was used wholly or partly to make another gift (the

later gift) in a financial year to:

(i) the same registered political party; or

(ii) the same State branch of a registered political party; or

(iii) the same political campaigner; and

(b) the amount or value of the later gift is more than the

disclosure threshold.

64 Subsection 305B(5)

Repeal the subsection, substitute:

(5) This section does not apply to gifts made by a political entity or

associated entity.

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65 Section 306

Repeal the section.

66 Subsection 306A(1)

Repeal the subsection, substitute:

(1) It is unlawful for any of the following:

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

(b) a person acting on behalf of a political party or a State branch

of a political party;

political campaigner;

to receive a loan of more than the disclosure threshold from a

person or entity other than a financial institution unless the loan is

made in accordance with subsection (3).

67 Subsection 306A(2)

Omit "$10,000", substitute "the disclosure threshold".

68 Subsection 306A(2) (note)

Repeal the note.

69 Subsection 306A(3)

Repeal the subsection, substitute:

(3) The receiver of the loan must keep a record of the following:

(a) the terms and conditions of the loan;

(b) the following information in relation to the loan (as the case

requires):

(i) for a loan from a registered industrial organisation other

than a financial institution--the name of the

organisation, and the names and addresses of the

members of the executive committee (however

described) of the organisation;

(ii) for a loan from an unincorporated association--the

name of the association, and the names and addresses of

the members of the executive committee (however

described) of the association;

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(iii) for a loan paid out of a trust fund or out of the funds of a

foundation--the names and addresses of the trustees of

the fund or foundation, and the title, name or other

description of the trust fund or foundation;

(iv) for any other loan--the name and address of the person

or organisation that made the loan.

70 Subsection 306A(4)

After "an election", insert "or by-election".

71 Paragraph 306A(6)(a)

Repeal the paragraph, substitute:

(a) in the case of a loan to or for the benefit of a political party, a

State branch of a political party, or a political campaigner,

(the loan recipient):

(i) if the loan recipient is a body corporate--the loan

recipient; or

(ii) otherwise--the agent or financial controller of the loan

recipient; or

72 Section 306A(8) (definitions of credit card and loan)

Repeal the definitions.

73 Section 306B

Repeal the section, substitute:

306B Repayment of gifts where corporations wound up etc.

(1) This section applies if:

(a) a registered political party, a political campaigner, a

candidate or a member of a group receives from a

corporation a gift whose amount or value is more than the

disclosure threshold; and

(b) the corporation is wound up in insolvency, or by the court on

other grounds, within a year of making the gift; and

campaigner was not registered under:

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(i) the Australian Charities and Not-for-Profits

Commission Act 2012; or

(ii) the Fair Work (Registered Organisations) Act 2009.

(2) The amount or value of the gift is payable, and may be recovered

by the liquidator as a debt due to the liquidator in a court of

competent jurisdiction, by:

(a) for a gift to or for the benefit of a registered political party or

a political campaigner (the gift recipient):

(i) if the gift recipient is a body corporate--the gift

recipient; or

(ii) if the gift recipient is a registered political party that is

not a body corporate--the agent of the gift recipient; or

(iii) if the gift recipient is a political campaigner that is not a

body corporate--the financial controller of the gift

recipient; or

(b) for a gift to or for the benefit of a candidate or member of the

group--the candidate or member, or the agent of the

candidate or the group.

Note:

The gift received by the liquidator is an asset of the corporation to be

distributed under the provisions of the Corporations Act 2001.

74 Before section 308

Insert:

307A Simplified outline of this Division

Expenditure incurred by or with the authority of a candidate or

group in an election during the election period must be disclosed

by providing a return to the Electoral Commission. The agent for

the candidate or group is responsible for providing the return.

(Expenditure incurred by registered political parties is provided

each financial year under Division 5A.)

Secretaries of Commonwealth Departments and Agency Heads of

Commonwealth Agencies must attach statements to annual reports

setting out of amounts of more than the disclosure threshold paid to

advertising agencies, and market research, polling or other

organisations.

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Returns provided under this Division are published by the Electoral

Commission under section 320.

75 At the end of subsection 308(1)

Add:

; or (h) any other event or activity prescribed by the regulations.

76 At the end of section 308

Add:

Note:

Particulars provided under subsection 318(2) may be taken to be a

return provided under this Division (see subsection 318(2A)).

77 Subsection 309(2)

After "approved form", insert "and in accordance with this section".

78 At the end of subsection 309(2)

Add:

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

180 penalty units.

79 Subsection 309(3)

After "approved form", insert "and in accordance with this section".

80 At the end of subsection 309(3)

Add:

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

180 penalty units.

81 At the end of section 309

Add:

(4) A return provided under subsection (2) or (3) must also include

details of:

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(a) any senior staff employed or engaged by or on behalf of the

person or group, in the person or group's capacity as a

candidate or group in the election, and any membership of

any registered political party that any of those members of

staff have; and

(b) any discretionary benefits (however described) received by,

or on behalf of, the person or any of the members of the

group from the Commonwealth, a State or a Territory during

the period of 12 months before polling day in the election.

Note:

For the definition of senior staff, see subsection 287(1).

82 Subsection 311A(2)

Omit "$10,000 or less", substitute "less than or equal to the disclosure

threshold".

83 Subsection 311A(2) (note)

Repeal the note.

84 Before section 314AA

Insert:

314AAA Simplified outline of this Division

Registered political parties, political campaigners and associated

entities provide returns each financial year to the Electoral

Commission setting out details relating to amounts received or paid

or incurred by, and the senior staff of, the parties, campaigners or

entities during the year. Third party campaigners also provide

annual returns setting out details relating to political expenditure

incurred by, and the senior staff of, the campaigners during the

year.

Returns provided under this Division are published by the Electoral

Commission under section 320.

85 Section 314AA

Before "In this Division", insert "(1)".

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86 At the end of section 314AA

Add:

(2) To avoid doubt, a person that becomes, or ceases to be, a registered

political party, political campaigner, third party campaigner or

associated entity during a financial year is required to provide a

return under this Division in relation to the whole financial year.

Note:

Particulars provided under subsection 318(2) may be taken to be a

return provided under this Division (see subsection 318(2A)).

87 Section 314AB

Repeal the section, substitute:

314AB Annual returns by registered political parties and political

campaigners

(1) The agent or financial controller of each registered political party,

each State branch of each registered political party and each

political campaigner must, subject to this Division, provide the

Electoral Commission a return within 16 weeks after the end of a

financial year that:

(a) complies with subsection (2); and

(b) is in an approved form.

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

360 penalty units.

(2) The return must:

(a) set out the following:

(i) the total amount received by, or on behalf of, the party

or campaigner during the financial year, together with

the details required by section 314AC;

(ii) the total amount paid by, or on behalf of, the party or

campaigner during the financial year;

(iii) the total outstanding amount, as at the end of the

financial year, of all debts incurred by, or on behalf of,

the party or campaigner, together with the details

required by section 314AE; and

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(b) include details of:

(i) any senior staff employed or engaged by or on behalf of

the party or branch, or by or on behalf of the

campaigner in its capacity as a political campaigner, and

any membership of any registered political party that

any of those members of staff have; and

(ii) any discretionary benefits (however described) received

by, or on behalf of, the party, branch or campaigner

from the Commonwealth, a State or a Territory during

the financial year; and

section 314ABA; and

(d) for a return by a political campaigner that is registered under

the Australian Charities and Not-for-Profits Commission Act

2012 or the Fair Work (Registered Organisations) Act

2009--include a signed statement by the financial controller

of the campaigner that the campaigner complied with

sections 302E and 302F (political donations to third party

campaigners, political campaigners and registered charities

and organisations) of this Act during the financial year; and

(e) in any case--be complete.

Note:

For the definition of senior staff, see subsection 287(1).

(3) The financial controller of a political campaigner that is taken to

have incurred an amount of political expenditure in a financial year

(the later financial year) under section 287J must provide:

(a) a return for the financial year in which the expenditure was

actually incurred that includes that expenditure; and

(b) a separate return for the later financial year that does not

include the expenditure that was taken under section 287J to

have been incurred in that later financial year.

314ABA Requirements for auditor's report

Who undertakes audit

(1) An audit of the return of a registered political party, a State branch

of a registered political party, or a political campaigner, (the

audited person) must be undertaken by:

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(a) a registered company auditor (within the meaning of the

Corporations Act 2001); or

(b) a firm:

(i) that consents to be appointed, or is appointed, as auditor

of the audited person; and

(ii) at least one member of which is a registered company

auditor (within the meaning of that Act) who is

ordinarily resident in Australia; or

Act); or

(d) an entity prescribed by the regulations for the purposes of

this paragraph.

Audit to be conducted in accordance with auditing standards

(2) An audit must be undertaken in accordance with the auditing

standards.

Content of auditor's report

(3) The auditor must prepare a report setting out the opinion formed by

the auditor about:

(a) whether the return satisfies the requirements of this Act; and

(b) if the auditor is not satisfied that the return satisfies the

requirements of this Act:

(i) an explanation as to why the return does not satisfy the

requirements of the Act; and

(ii) if it is practicable to quantify the effect that the failure to

satisfy the requirements of the Act has on the return--

the quantification of that effect; and

(iii) otherwise--a statement as to why it is not possible to

quantify the effect that the failure has on the return; and

explanation and assistance necessary for the conduct of the

audit; and

(d) whether the audited person has kept financial records

sufficient to enable a return to be prepared and audited; and

(e) whether the audited person has kept other records as required

by this Act; and

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(f) any material defect or irregularity in the return; and

(g) any other statements or disclosures required by the auditing

standards.

Obligations on audited entities

(4) In having its return audited, the audited person must ensure that the

auditor:

(a) has access at all reasonable times to the books of the audited

person; and

(b) is given all requested information, explanations or other

assistance for the purposes of the audit.

A request under paragraph (b) must be reasonable.

88 Subsection 314AC(1)

Omit "the party", substitute "a registered political party or a political

campaigner".

89 Subsection 314AC(1)

Omit "$10,000", substitute "the disclosure threshold".

90 Subsection 314AC(1) (note)

Repeal the note.

91 Subsection 314AC(2)

Omit "of $10,000 or less", substitute "that is less than or equal to the

disclosure threshold".

92 Subsection 314AC(2) (note)

Repeal the note.

93 Subsection 314AE(1)

Omit "the party", substitute "a registered political party or a political

campaigner".

94 Subsection 314AE(1)

Omit "$10,000", substitute "the disclosure threshold".

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95 Subsection 314AE(1) (note)

Repeal the note.

96 Subsection 314AEA(1)

Omit "financial controller must furnish", substitute "financial controller

must, subject to subsection (6), provide".

97 At the end of subsection 314AEA(1)

Add:

; and (d) in any case--details of:

(i) any senior staff employed or engaged by or on behalf of

the entity, in the entity's capacity as an associated

entity, and any membership of any registered political

party that any of those members of staff have; and

(ii) any discretionary benefits (however described) received

by, or on behalf of, the entity from the Commonwealth,

a State or a Territory during the financial year.

Note 1:

For the definition of senior staff, see subsection 287(1).

Note 2:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

180 penalty units.

98 Subsection 314AEA(5)

Omit "paragraphs 314AB(2)(a), (b) and (c) to a return for a registered

political party", substitute "subparagraphs 314AB(2)(a)(i), (ii) and (iii)

to a return for a registered political party or a political campaigner".

99 At the end of section 314AEA

Add:

(6) A return is not required to be provided under subsection (1) for an

associated entity for a financial year if:

(a) the entity was also a political campaigner during that year;

and

(b) a return was provided for the entity under section 314AB for

that year.

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100 Section 314AEB (heading)

Repeal the heading, substitute:

314AEB Annual returns by third party campaigners

101 Subsections 314AEB(1) and (2)

Repeal the subsections, substitute:

(1) A person or entity must provide a return for a financial year in

accordance with this section if:

(a) the person or entity is a third party campaigner during the

year; and

(b) the campaigner incurred, or authorised the incurring of,

political expenditure at a time during the year; and

(i) a political entity; or

(ii) a member of the House of Representatives or the

Senate; or

(iii) the Commonwealth (including a Department of the

Commonwealth, an Executive Agency or a Statutory

Agency (within the meaning of the Public Service Act

1999)).

Note:

A contravention of this civil penalty provision may be a continuing

contravention (see section 93 of the Regulatory Powers Act).

Civil penalty:

180 penalty units.

(2) The campaigner must provide to the Electoral Commission a return

for the financial year:

(a) setting out details of:

(i) the expenditure incurred; and

(ii) any senior staff employed or engaged by or on behalf of

the campaigner, in its capacity as a third party

campaigner, and any membership of any registered

political party that any of those members of staff have;

and

(iii) any discretionary benefits (however described) received

by, or on behalf of, the campaigner from the

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Commonwealth, a State or a Territory during the

financial year; and

(b) including a signed statement by the financial controller of the

campaigner that the campaigner complied with section 302E

(donations to third party campaigners and certain political

campaigners) during the financial year.

Note:

For the definition of senior staff, see subsection 287(1).

102 At the end of subsection 314AEB(3)

Add:

; and (c) if the campaigner is also required to provide a return under

section 314AEC--include that return.

103 At the end of section 314AEB

Add:

(4) The financial controller of a third party campaigner that is taken to

have incurred an amount of political expenditure in a financial year

(the later financial year) under section 287J must provide:

(a) a return for the financial year in which the expenditure was

actually incurred that includes that expenditure; and

(b) a separate return for the later financial year that does not

include the expenditure that was taken under section 287J to

have been incurred in that later financial year.

104 Section 314AEC

Repeal the section, substitute:

314AEC Annual returns relating to gifts received by third party

campaigners for political expenditure

(1) A person or entity must provide a return for a financial year in

accordance with this section if:

(a) the person or entity is required to provide a return for the

year under section 314AEB (annual returns by third party

campaigners); and

(b) the person or entity received a gift or gifts, at any time, that

the person or entity used during the year (either wholly or

partly):

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(i) to enable the person or entity to incur political

expenditure; or

(ii) to reimburse the person or entity for incurring

expenditure for a political purpose; and

(i) the amount of at least one such gift was more than the

disclosure threshold; or

(ii) the total amount of all gifts received by the person from

at least one single person during the financial year was

more than the disclosure threshold.

Note:

The return required under this section must be included in the return

provided under section 314AEB (see paragraph 314AEB(3)(c)).

(2) The person must provide to the Electoral Commission a return for

the financial year setting out the following details:

(a) for subparagraph (1)(c)(i):

(i) the amount of each gift covered by that subparagraph;

and

(ii) the date on which the gift was made;

(b) for subparagraph (1)(c)(ii):

(i) the total amount of gifts made by each single person

who is covered by that subparagraph; and

(ii) the date on which each of those gifts were made; and

(i) for a gift or gifts on behalf of the members of an

unincorporated association (other than a registered

industrial organisation)--the name of the association,

and the names and addresses of the members of the

executive committee (however described) of the

association; or

(ii) for a gift or gifts purportedly made out of a trust fund,

or out of the funds of a foundation--the names and

addresses of the trustees of the fund or foundation, and

the title, name or other description of the trust fund or

foundation; or

(iii) for any other gift or gifts--the name and address of the

person who made the gift or gifts.

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105 Subsection 314AG(2)

Omit "section 314AB", substitute "paragraph 314AB(2)(a)".

106 Section 314A

Repeal the section, substitute:

314A Simplified outline of this Division

This Division deals with:

(a)

the recovery of payments made by the Commonwealth;

and

(b)

the powers of the Electoral Commission in relation to

investigating compliance with this Part; and

(c)

general provisions relating to claims and returns (such as

amending claims and returns, and record-keeping and

publishing requirements).

107 Section 315

Repeal the section, substitute:

315 Requirement to refund payments

If:

(a) a person is convicted of an offence under section 137.1 of the

Criminal Code in relation to the giving of a return or the

making of a claim under this Part; or

(b) a civil penalty order is made against a person in relation to a

contravention of a civil penalty provision in this Part;

a court of competent jurisdiction may, in addition to imposing a

penalty under section 137.1 or making the civil penalty order, order

the person to refund to the Commonwealth the amount of any

payment wrongfully obtained by the person under Division 3 of

this Part, or the amount or value of any gift made in contravention

of this Part.

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108 Subsection 315A(1)

Omit "subsection 299(6) or 306(5)", substitute "section 299 or 302Q or

subsection 301(3), or under a civil penalty order made in relation to a

contravention of a civil penalty provision in this Part,".

109 Subsection 316(2A)

Omit "the financial controller of an associated entity or the agent of a

registered political party", substitute "the financial controller of a

political campaigner, third party campaigner or associated entity, or the

agent of a registered political party, candidate or group".

110 Paragraphs 316(2A)(a) and (aa)

Repeal the paragraphs, substitute:

(a) the agent or any officer of the political party, or the agent of

the candidate or group; or

(aa) the financial controller of the political campaigner, third

party campaigner or associated entity or any officer of the

political campaigner, third party campaigner or associated

entity; or

111 Subsection 316(2B)

Repeal the subsection, substitute:

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

party, political campaigner, third party campaigner or associated

entity (other than the agent of the party, or the financial controller

of the campaigner or entity, as the case requires) to appear before

an authorised officer under paragraph (2A)(d), then the agent of the

party, or the financial controller of the campaigner or entity, is

entitled:

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

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

the agent or financial controller.

112 Subsection 316(3)

Omit "section 315", substitute "a civil penalty provision in this Part".

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113 Paragraph 316(3A)(a)

Repeal the paragraph, substitute:

(a) an authorised officer has reasonable grounds to believe that a

person is capable of producing documents or other things, or

giving evidence, relating to whether another person or an

entity is, or was at a particular time, a political campaigner,

third party campaigner or associated entity; and

114 Paragraph 316(3A)(b)

After "an officer of the", insert "campaigner or associated".

115 Paragraph 316(7)(a)

Omit "section 315", substitute "a civil penalty provision in, or an

offence against, this Part".

116 Paragraphs 316(8)(b) and (11)(a)

Omit "section 315", substitute "the civil penalty provision or offence".

117 Section 317

Repeal the section, substitute:

317 Keeping records

(1) A person who is subject to a civil penalty provision in this Part

must keep the following records in accordance with subsections (2)

and (3):

(a) records allowing the person to provide an accurate return or

claim under this Part;

(b) records required for the purposes of complying with

Division 3A (requirements relating to donations);

Electoral Commissioner to determine whether the person is

complying, or has complied, with this Part;

(d) any other records required by the regulations or a

determination under subsection (4).

Civil penalty:

1,000 penalty units.

(2) A record must be kept for:

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(a) if the record relates to a return in relation to a financial

year--5 years after the end of the financial year; and

(b) if the record relates to a return in relation to a gift--5 years

after the day the gift is made; and

in the election to which the claim relates; and

(d) if the records relates to compliance with Division 3A--5

years after the day the relevant gift is made.

(3) A record must be kept in accordance with any other requirements

determined under subsection (4).

(4) The Electoral Commissioner may, by legislative instrument,

determine:

(a) records for the purposes paragraph (1)(d); or

(b) requirements for records for the purposes of subsection (3).

118 Subsection 318(1)

Omit "subsection 315(2)", substitute "this Part".

119 After subsection 318(2)

Insert:

(2A) Particulars that were not provided in a return under Division 4, 5 or

5A that are provided under subsection (2) are, for the purposes of

this Part, taken to be a return provided under that Division.

120 Subsection 318(3A)

Omit "subsection 315(2)", substitute "this Part".

121 Subsection 319A(2A)

After "registered political party,", insert "or the financial controller of a

political campaigner, third party campaigner or associated entity,".

122 Paragraph 319A(2A)(b)

After "of the political party", insert ", or nominated as the financial

controller of the campaigner or entity".

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123 Subsection 319A(9)

Omit "the liability of a person to be convicted of an offence against

subsection 315(2), (3) or (4)", substitute "whether a civil penalty order

may be made against a person because of a contravention of a civil

penalty provision in this Part".

124 Section 320

Repeal the section, substitute:

320 Requirement to publish determinations, notices and returns

(1) The Electoral Commission must publish the following in

accordance with the following table.

Requirement to publish determinations, notices and returns

Item

The Electoral Commission must

publish ...

at this time ...

each determination made under

section 298C or subsection 301(1)

(determination and variation of

determination of claims for election

funding)

as soon as reasonably practicable

after making the determination.

each notice of a refusal of a final

claim given under section 298F

as soon as reasonably practicable

after giving the notice.

each notice given under

section 298H reconsidering the

refusal of a final claim

as soon as reasonably practicable

after giving the notice.

each election return provided under

Division 4 or 5

before the end of 24 weeks after the

polling day in the election to which

the return relates.

each annual return provided under

Division 5A

before the end of the first business

day in February in the calendar year

after the return is provided.

(2) A person is not entitled to inspect a determination, notice or return

referred to in subsection (1) before the determination, notice or

return is published under that subsection.

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

Repeal the definition, substitute:

relevant amount means an amount specified in the following

provisions:

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

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

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

Omit "the period of 6 months commencing on 1 July 1995 and each

subsequent period of 6 months", substitute "each period of 6 months

beginning on 1 January or 1 July".

127 Section 321A (heading)

Repeal the heading, substitute:

321A Indexation of disclosure threshold

128 Subsection 321A(1)

Repeal the subsection, substitute:

(1) This section applies to the dollar amount mentioned in the

definition of disclosure threshold in subsection 287(1).

129 Subsections 321A(2) and (3)

Omit "mentioned in the provision", substitute "mentioned in the

definition".

130 Subsection 321A(7) (definition of indexation year)

Omit "the financial year commencing on 1 July 2006, and each

subsequent financial year", substitute "each financial year beginning on

1 July".

131 Section 321B (paragraphs (g) and (h) of the definition of

disclosure entity)

Repeal the paragraphs, substitute:

(g) a person who:

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(i) is or will be required to provide a return under

section 305A, 305B or 314AEB for the financial year in

which the time occurs; or

(ii) based on conduct in previous financial years, may be

required to provide a return under section 305A, 305B

or 314AEB for the financial year in which the time

occurs;

except if the return is provided because of political

expenditure incurred solely for the purposes of carrying out

an opinion poll, or other research, relating to an election or

the voting intentions of electors.

132 Section 321B (note at the end of the definition of

disclosure entity)

Omit "and political expenditure", substitute "and returns by third party

campaigners".

133 Subsection 384(1)

Omit "subsection 315(3) or".

134 Subsection 384(2)

Omit "an offence referred to in subsection (1)", substitute "the offence".

135 Subsection 384(3)

Repeal the subsection, substitute:

(3) If, under subsection (2), a court of summary jurisdiction convicts a

person of the offence, the court may impose a penalty of

imprisonment for a period not exceeding 12 months or a fine not

exceeding 20 penalty units, or both.

136 Subsection 384A(1)

Omit "Section 321D", substitute "Each civil penalty provision of this

Act".

137 Subsection 384A(2)

Omit "section 321D of this Act", substitute "each civil penalty

provision of this Act".

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138 At the end of section 384A

Add:

Delegation

(3) The Electoral Commissioner may, in writing, delegate his or her

powers and functions under the Regulatory Powers Act to an SES

employee, or acting SES employee, of the Commission.

Note:

The expressions SES employee and acting SES employee are defined

in section 2B of the Acts Interpretation Act 1901.

(4) A person exercising powers or performing functions under a

delegation under subsection (3) must comply with any directions of

the Electoral Commissioner.

Referendum (Machinery Provisions) Act 1984

139 Section 110A (paragraphs (c) and (d) of the definition of

disclosure entity)

Repeal the paragraphs, substitute:

(i) is or will be required to provide a return under

section 314AEB of that Act for the financial year in

which the time occurs; or

(ii) based on conduct in previous financial years, may be

required to provide a return under section 314AEB of

that Act for the financial year in which the time occurs;

except if the return is provided because of political

expenditure incurred solely for the purposes of carrying out

an opinion poll, or other research, relating to an election or

the voting intentions of electors;

140 Section 110A (paragraph (e) of the definition of

disclosure entity)

Omit "the amount referred to in paragraph 314AEB(1)(b) of that Act",

substitute "the disclosure threshold (within the meaning of Part XX of

that Act)".

Electoral funding and disclosure reform Schedule 1

Other amendments Part 2

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

141 Section 110A (note at the end of the definition of

disclosure entity)

Repeal the note, substitute:

Note:

Section 314AEB of the Commonwealth Electoral Act 1918 requires

returns by third party campaigners.

142 At the end of section 140AAA

Add:

Delegation

(3) The Electoral Commissioner may, in writing, delegate his or her

powers and functions under the Regulatory Powers Act to an SES

employee, or acting SES employee, of the Commission.

Note:

The expressions SES employee and acting SES employee are defined

in section 2B of the Acts Interpretation Act 1901.

(4) A person exercising powers or performing functions under a

delegation under subsection (3) must comply with any directions of

the Electoral Commissioner.

Division 2

--Application and transitional provisions

143 Application of amendments

Death and resignation of agents

(1)

The amendments of section 292D of the Commonwealth Electoral Act

1918, made by this Part, apply in relation to resignations that occur after

the commencement of this item.

Appointment of financial controllers and requirement to publish

determinations, notices and returns

(2)

Sections 292E and 320 of the Commonwealth Electoral Act 1918, as

inserted by this Part, apply on and after the commencement of this item.

Gifts and loans

(3)

The following amendments apply in relation to gifts and loans made

after the commencement of this item:

Schedule 1 Electoral funding and disclosure reform

Part 2 Other amendments

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

No. , 2017

(a) Division 3A of Part XX of the Commonwealth Electoral Act

1918 (except as provided by subitems (3) to (5)), as inserted

by this Part;

(b) the amendments of Division 4 of Part XX of that Act made

by this Part.

Annual returns

(4)

The following amendments apply in relation to financial years

commencing at or after the commencement of this item:

(a) sections 302D and 302E of the Commonwealth Electoral Act

1918, and Division 3A of Part XX of that Act to the extent

that it relates to those sections, as inserted by this Part;

(b) the amendments of Division 5A of Part XX of that Act made

by this Part.

Soliciting gifts

(5)

Section 302G of the Commonwealth Electoral Act 1918, and

Division 3A of Part XX of that Act to the extent that it relates to that

section, as inserted by this Part, apply in relation to the soliciting of

gifts after the commencement of this item.

Forming bodies corporate

(6)

Section 302J of the Commonwealth Electoral Act 1918, and

Division 3A of Part XX of that Act to the extent that it relates to that

section, as inserted by this Part, apply in relation to the forming of

bodies corporate after the commencement of this item.

Disclosure of electoral expenditure

(7)

The amendments of Division 5 of Part XX of the Commonwealth

Electoral Act 1918 made by this Part apply in relation to returns

provided after the commencement of this item.

Requirement to refund payments

(8)

Section 315 of the Commonwealth Electoral Act 1918, as inserted by

this Part, applies in relation to penalties imposed, or civil penalty orders

made, after the commencement of this item.

Electoral funding and disclosure reform Schedule 1

Other amendments Part 2

No. , 2017

Electoral Legislation Amendment (Electoral Funding and Disclosure

Reform) Bill 2017

Keeping records

(9)

Section 317 of the Commonwealth Electoral Act 1918, as inserted by

this Part, applies in relation to records made after the commencement of

this item.

(10)

Despite the repeal of section 317 of the Commonwealth Electoral Act

1918 by this Part, that section, as in force immediately before its repeal,

continues to apply after the commencement of this item in relation to

records made before that commencement.

Indexation

(11)

To avoid doubt, sections 321 and 321A of the Commonwealth Electoral

Act 1918, as amended by this Part, apply from the first 1 July that

occurs on or after the day on which this Act receives the Royal Assent.

144 Transitional

--notices given under subsection 290(1)

A notice given to the Electoral Commission under subsection 290(1) of

the Commonwealth Electoral Act 1918 that is in force immediately

before the commencement of this item is taken, after that

commencement, to be in force under subsection 292F(1) of that Act, as

inserted by this Part.

Commonwealth of Australia Bills

ELECTORAL LEGISLATION AMENDMENT (ELECTORAL FUNDING AND DISCLOSURE REFORM) BILL 2017