Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 113

113. (1) Part XVI of the Principal Act is repealed and the following Part is
substituted:

           ''PART  XVI-ELECTION  FUNDING  AND  FINANCIAL  DISCLOSURE


''Division 1-Preliminary Interpretation

''145. (1) In this Part, unless the contrary intention appears-

'broadcast' includes televise;

'broadcaster' means-

   (a)  the Australian Broadcasting Corporation constituted under the
        Australian Broadcasting Corporation Act 1983;

   (b)  the special broadcasting service established by Part IIIA of the
        Broadcasting and Television Act 1942;

   (c)  the holder of a licence for-

        (i)    a commercial broadcasting station; or

        (ii)   a commercial television station,
within the meaning of the Broadcasting and Television Act 1942; or

   (d)  the holder of-

        (i)    a public broadcasting licence;

        (ii)   a public television licence;

        (iii)  a supplementary broadcasting licence; or

        (iv)   a supplementary television licence,

within the meaning of the Broadcasting and Television Act 1942;

'disposition of property' means any conveyance, transfer, assignment,
settlement, delivery, payment or other alienation of property, and includes-

   (a)  the allotment of shares in a company;

   (b)  the creation of a trust in property;

   (c)  the grant or creation of any lease, mortgage, charge, servitude,
        licence, power, partnership or interest in property;

   (d)  the release, discharge, surrender, forfeiture or abandonment, at law
        or in equity, of any debt, contract or chose in action, or of any
        interest in property;

   (e)  the exercise by a person of a general power of appointment of property
        in favour of any other person; and

   (f)  any transaction entered into by any person with intent thereby to
        diminish, directly or indirectly, the value of his own property and to
        increase the value of the property of any other person;

'division', in relation to a State branch of a political party, includes a
branch of the State branch of the political party;

'election' means an election of a member of the House of Representatives or an
election of senators for a State or Territory;

'election period', in relation to an election, means the period commencing on
the day of issue of the writ for the election and ending at the expiration of
the polling day in the election;

'eligible vote' means a vote in respect of which, by virtue of section 152, a
payment under Division 3 may be made;

'gift' means any disposition of property made by a person (in this definition
referred to as the 'donor') to another person (in this definition referred to
as the 'donee'), otherwise than by will, being a disposition made without
consideration in money or money's worth or with inadequate consideration, and
includes the provision of a service (other than volunteer labour) for no
consideration or for inadequate consideration, but does not include-

   (a)  a payment under Division 3; or

   (b)  an annual subscription paid to a political party, to a State branch of
        a political party or to a division of a State branch of a political
        party by a person in respect of the person's membership of the party,
        branch or division;

'group' means a group of 2 or more candidates nominated for election to the
Senate who have their names grouped in the ballot-papers in accordance with
section 72A;

'journal' means a newspaper, magazine or other periodical, whether published
for sale or for distribution without charge;

'polling day', in relation to an election, means the day fixed for polling in
the election;

'property' includes money;

'registered' means registered under Part IXA or IXB, as the case requires, for
public funding;

'secretary', in relation to a political party or a State branch of a political
party, means the person who holds the office (however described) the duties of
which involve responsibility for the carrying out of the administration, and
for the conduct of the correspondence, of the party or branch, as the case may
be;

'State branch', in relation to a political party, means a branch or division
of the party that is organized on the basis of a particular State or
Territory.

''(2) Where, under this Part, a claim is to be lodged, a notice is to be given
or a return is to be furnished to the Electoral Commission, the claim, notice
or return shall be taken to be so lodged, given or furnished if it is posted
to the Electoral Commission at the address of the Electoral Commission in
Canberra.

''(3) A reference in this Part to things done by or with the authority of a
political party, a State branch of a political party or a division of a State
branch of a political party shall, if the party, branch or division is not a
body corporate, be read as a reference to things done by or with the authority
of members or officers of the party, branch or division on behalf of the
party, branch or division.

''(4) A reference in this Part to a political party, other than a reference to
the endorsement of a candidate or group in an election, shall be read as not
including a reference to a part of the political party.

''(5) For the purposes of this Part, the amount or value of a gift consisting
of or including a disposition of property other than money shall, if the
regulations so provide, be determined in accordance with principles set out or
referred to in the regulations.

''(6) For the purposes of this Part-

   (a)  a body corporate and any other body corporate that is related to the
        first-mentioned body corporate shall be deemed to be the same person;
        and

   (b)  the question whether a body corporate is related to another body
        corporate shall be determined in the same manner as the question
        whether a corporation is related to another corporation is determined
        under the Companies Act 1981.

                              ''Division 2-Agents
Appointment of agents by parties

''146. (1) A political party may, for the purposes of this Part, appoint an
agent of the party.

''(2) A State branch of a political party may, for the purposes of this Part,
appoint an agent of the branch.

''(3) During any period during which there is no appointment in force under
sub-section (1) or (2) of an agent of a political party or of a State branch
of a political party, the secretary of the party or branch shall, subject to
sub-section 148 (2), be taken to be the agent of the party or branch for the
purposes of this Part. Appointment of agents by candidates and groups

''147. (1) A candidate (including a member of a group) may, for the purposes
of this Part, appoint an agent of the candidate.

''(2) The members of a group may, for the purposes of this Part, appoint an
agent of the group.

''(3) During any period during which there is no appointment in force under
sub-section (1) of an agent of a candidate, the candidate shall, subject to
sub-section 148 (2), be taken to be his own agent for the purposes of this
Part.

''(4) During any period during which there is no appointment in force under
sub-section (2) of an agent of a group, the candidate whose name is to appear
first in the group in the ballot-papers shall, subject to sub-section 148 (2),
be taken to be the agent of the group for the purposes of this Part.
Requisites for appointment

''148. (1) An appointment of an agent under section 146 or 147 has no effect
unless-

   (a)  the person appointed is a natural person who has attained the age of
        18 years;

   (b)  notice of the appointment signed by-

        (i)    where the appointment is made by a political party or a State
               branch of a political party-the secretary of the party or
               branch; or

        (ii)   in any other case-the candidate, or each member of the group,
               making the appointment,

is given to the Electoral Commission;

   (c)  the name, address and age of the person appointed are set out in the
        notice; and

   (d)  the person appointed signs a form of consent to the appointment, being
        a form set out in the notice.

''(2) Where a person who is the agent of a political party, of a State branch
of a political party, of a candidate or of a group is convicted of an offence
against this Part in relation to a particular election, the person is not
eligible to be appointed or to hold office as an agent for the purposes of
this Part for the purposes of any subsequent election. Revocation of
appointment of agent

''149. (1) A political party, a State branch of a political party, a candidate
or the members of a group may, by giving written notice to the Electoral
Commission, revoke the appointment of a person as the agent of the party,
branch, candidate or group, as the case may be.

''(2) A notice of revocation under sub-section (1) has no effect unless it is
signed by-

   (a)  where the notice is given by a political party or a State branch of a
        political party-the secretary of the party or branch; or

   (b)  in any other case-the candidate, or each member of the group, who
        appointed the agent under section 147.
Resignation or death of agent

''150. If an agent of a political party, of a State branch of a political
party, of a candidate or of a group dies or resigns, the party, branch,
candidate or a member of the group, as the case may be, shall forthwith give
notice in writing to the Electoral Commission of the death or resignation of
the agent.

                         ''Division 3-Election funding
Interpretation

''151. (1) A reference in this Division to electoral expenditure in relation
to an election shall be read as a reference to any expenditure incurred in
connection with the election campaign (whether or not incurred during the
election period).

''(2) Where, in a Senate election, a vote is given for a candidate who was a
member of a group in relation to the election, the vote shall, for the
purposes of this Division other than this sub-section, be deemed to have been
given not for the candidate but for the group.

''(3) For the purposes of this Division, electoral expenditure in relation to
an election incurred by or with the authority of a candidate (not being a
member of a group) who is endorsed by a registered political party shall be
deemed to be electoral expenditure in relation to the election incurred by the
State branch of that party that is organized on the basis of the State or
Territory in which the candidate stood for election.

''(4) For the purposes of this Division-

   (a)  electoral expenditure in relation to an election incurred by or with
        the authority of a political party in relation to a particular State
        or Territory shall be deemed to be electoral expenditure in relation
        to the election incurred by the State branch of that party that is
        organized on the basis of that State or Territory; and

   (b)  electoral expenditure in relation to an election incurred by or with
        the authority of a division of a State branch of a political party
        shall be deemed to have been incurred by that State branch.

''(5) For the purposes of this Division, electoral expenditure in relation to
an election incurred by or with the authority of the members of a group, being
members all of whom were endorsed by a registered political party or by 2
registered political parties, shall be deemed to be electoral expenditure in
relation to the election incurred by-

   (a)  where the members of the group were endorsed by one registered
        political party-the State branch of the party that is organized on the
        basis of the State or Territory in which the members of the group
        stood for election; or

   (b)  where the members of the group were endorsed by 2 registered political
        parties-the State branches of those parties that are organized on the
        basis of the State or Territory in which the members of the group
        stood for election in such shares as are agreed upon between the
        agents of those State branches or, in the absence of agreement, in
        such shares as the Electoral Commission determines.
General entitlement to funds

''152. (1) Subject to this Division, there is payable in respect of each first
preference vote given for an eligible candidate in a House of Representatives
election the amount of 60 cents.

''(2) Subject to this Division, there is payable in respect of each first
preference vote given for an eligible candidate or an eligible group in a
Senate election that has the same polling day as a House of Representatives
election the amount of 30 cents.

''(3) Subject to this Division, there is payable in respect of each first
preference vote given for an eligible candidate or an eligible group in a
Senate election, other than a Senate election referred to in sub-section (2),
the amount of 45 cents.

''(4) A reference in this section to a first preference vote shall be read as
not including a reference to a vote that has been rejected as informal in the
poll concerned.

''(5) In this section-

'eligible candidate', in relation to an election, means-

   (a)  a registered candidate in relation to the election; or

   (b)  a candidate who was endorsed in the election by a registered political
        party;

'eligible group', in relation to a Senate election, means-

   (a)  a registered group in relation to the election; or

   (b)  a group the members of which were endorsed in the election by a
        registered political party or by 2 registered political parties.
Claims for payment

''153. (1) A payment under this Division shall not be made except upon the
making of a claim to the Electoral Commission for the payment.

''(2) Where a candidate for whom eligible votes were given in an election was
endorsed in the election by a registered political party, a claim for a
payment under this Division in respect of the eligible votes given for the
candidate may be made only by the agent of the State branch of the registered
political party that is organized on the basis of the State or Territory in
which the candidate stood for election.

''(3) Where a candidate for whom eligible votes were given in an election was
a registered candidate in relation to the election, a claim for a payment
under this Division in respect of the eligible votes given for the candidate
may be made only by the agent of the candidate.

''(4) Where a group for whom eligible votes were given in an election was a
registered group in relation to the election, a claim for a payment under this
Division in respect of the eligible votes given for the group may be made only
by the agent of the group.

''(5) Where a group for whom eligible votes were given in an election was a
group the members of which were endorsed in the election by one registered
political party, a claim for a payment under this Division in respect of the
eligible votes given for the group may be made only by the agent of the State
branch of the registered political party that is organized on the basis of the
State or Territory in which the members of the group stood for election.

''(6) Where a group for whom eligible votes were given in an election was a
group the members of which were endorsed in the election by 2 registered
political parties, claims for payments under this Division in respect of the
eligible votes given for the group may be made only by the agents of the State
branches of the registered political parties, being branches that are
organized on the basis of the State or Territory in which the members of the
group stood for election.

''(7) Where a State branch of a registered political party was a participant
in 2 or more elections that took place on the same day, any claim made by the
agent of the branch for a payment under this Division shall be made in respect
of the eligible votes given for-

   (a)  each candidate who was endorsed in one of those elections by the party
        and who stood for election in the State or Territory on the basis of
        which the branch is organized; and

   (b)  where one of those elections was a Senate election-any group the
        members of which-

        (i)    were endorsed in the election by the party; and

        (ii)   stood for election in the State or Territory on the basis of
               which the branch is organized.

''(8) A claim for a payment under this Division-

   (a)  shall be made in an approved form;

   (b)  shall be accompanied by such information as the Electoral Commission
        requires concerning-

        (i)    in the case of a claim made by the agent of a State branch of a
               registered political party-the total electoral expenditure in
               relation to the election or elections to which the claim
               relates incurred by or with the authority of the branch;

        (ii)   in the case of a claim made by the agent of a candidate-the
               electoral expenditure in relation to the election to which the
               claim relates incurred by or with the authority of the
               candidate; and

        (iii)  in the case of a claim made by the agent of a group-the
               electoral expenditure in relation to the election to which the
               claim relates incurred by or with the authority of members of
               the group; and

   (c)  shall be lodged with the Electoral Commission before the expiration of
        20 weeks after the polling day in the election or elections to which
        the claim relates.
Determination of claims

''153A. The Electoral Commission shall, subject to this Division, determine
claims for payments under this Division. Payment not to be made in certain
circumstances

''153B. (1) A payment under this Division shall not be made in respect of
votes given in an election for a candidate unless the total number of eligible
votes polled in the candidate's favour is at least 4% of the total number of
eligible votes polled in favour of all of the candidates in the election.

''(2) A payment under this Division shall not be made in respect of votes
given in an election for a group unless the total number of eligible votes
polled in favour of the group is at least 4% of the total number of eligible
votes polled in favour of all of the candidates in the election. Amount of
payment not to exceed electoral expenditure

''153C. The amount of a payment under this Division made in relation to a
claim under section 153 shall not exceed-

   (a)  where the claim is made by the agent of a State branch of a registered
        political party and relates to one election-the electoral expenditure
        in relation to the election incurred by or with the authority of the
        branch;

   (b)  where the claim is made by the agent of a State branch of a registered
        political party and relates to 2 or more elections-the electoral
        expenditure in relation to those elections incurred by or with the
        authority of the branch;

   (c)  where the claim is made by the agent of a candidate-the electoral
        expenditure in relation to the election to which the claim relates
        incurred by or with the authority of the candidate; or

   (d)  where the claim is made by the agent of a group-the electoral
        expenditure in relation to the election to which the claim relates
        incurred by or with the authority of the members of the group.
Making of payments

''153D. (1) Where the Electoral Commission is satisfied, in relation to a
claim under section 153, that an amount is payable under this Division in
respect of votes given in an election or elections for a candidate or
candidates endorsed by a registered political party, the Electoral Commission
shall make the payment to the agent of the State branch of the party that is
organized on the basis of the State or Territory in which the candidate or
candidates stood for election.

''(2) Where the Electoral Commission is satisfied, in relation to a claim
under section 153, that an amount is payable under this Division in respect of
votes given in an election for a registered candidate, the Electoral
Commission shall make the payment to the agent of the candidate.

''(3) Where the Electoral Commission is satisfied, in relation to a claim
under section 153, that an amount is payable under this Division in respect of
votes given in a Senate election for a registered group, the Electoral
Commission shall make the payment to the agent of the group.

''(4) Where the Electoral Commission is satisfied, in relation to a claim
under section 153, that an amount is payable under this Division in respect of
votes given in a Senate election for a group other than a registered group,
the Electoral Commission shall-

   (a)  where the members of the group were endorsed by one registered
        political party-make the payment to the agent of the State branch of
        the party that is organized on the basis of the State or Territory in
        which the members of the group stood for election; or

   (b)  where the members of the group were endorsed by 2 registered political
        parties-

        (i)    divide the payment into such shares as are agreed upon between
               the agents of the State branches of those parties that are
               organized on the basis of the State or Territory in which the
               members of the group stood for election or, in the absence of
               agreement, into such shares as the Electoral Commission
               determines; and

        (ii)   pay to each of those agents the share applicable to the agent
               in accordance with that agreement or that determination, as the
               case may be.

''(5) An agreement referred to in sub-paragraph (4) (b) (i) does not have
effect unless a copy of the agreement signed by the agents referred to in that
sub-paragraph is lodged with the Electoral Commission at the time when the
relevant claim under section 153 is lodged.

''(6) Where a payment is made under this Division and the recipient is not
entitled to receive the whole or a part of the amount paid, whether because of
a false statement in a claim or otherwise, that amount or that part of that
amount may be recovered by the Commonwealth as a debt due to the Commonwealth
by action against the person in a court of competent jurisdiction. Death of
candidate

''153E. Where a candidate for whom eligible votes were given in an election
dies, a payment under this Division in respect of the eligible votes given for
him may be made notwithstanding his death and, if the candidate was not
endorsed in the election by a registered political party and was his own agent
for the purposes of this Part, a claim for the payment may be made by, and the
payment may be made to, his legal personal representative. Death of member of
group

''153F. Where a member of a group for whom eligible votes were given in a
Senate election dies, a payment under this Division in respect of the eligible
votes given for the group may be made notwithstanding his death and, if-

   (a)  the group was a registered group; and

   (b)  the candidate was the agent of the group for the purposes of this
        Part,
a claim for the payment may be made by, and the payment may be made to,
another member of the group as if the other member were the agent of the group
for the purposes of this Part. Appropriation

''153G. Amounts payable under this Division are payable out of the
Consolidated Revenue Fund, which is appropriated accordingly.

                      ''Division 4-Disclosure of donations
Interpretation

''153H. (1) In this Division, unless the contrary intention appears-

'by-election' means an election of a member of the House of Representatives
that is not part of a general election;

'election' means a general election or an election of Senators for a State or
Territory.

''(2) A reference in this Division to a gift made to or received by a group
shall be read as a reference to a gift made to or received by a member of the
group for the benefit of all of the members of the group.

''(3) A reference in this Division to a gift made to or received by a
candidate shall be read as not including a reference to a gift made to or
received by the candidate for the benefit of a group of which the candidate is
a member.

''(4) For the purposes of this Division, gifts made to, or received by or on
behalf of, a division of a State branch of a political party shall be deemed
to have been made to, or received by, that State branch. Disclosure of gifts

''153J. (1) The agent of each political party and the agent of each State
branch of each political party shall, before the expiration of 20 weeks after
the polling day in an election (in this sub-section referred to as the
'current election'), furnish to the Electoral Commission a return, in an
approved form, setting out the total amount or value of all gifts, the number
of gifts, and the relevant details of each gift, received by the political
party or branch, as the case may be, during the period that commenced on the
day after the polling day in the election immediately preceding the current
election and that ended on the polling day in the current election.

''(2) The agent of each person (including a member of a group) who is a
candidate in an election or by-election (in this sub-section referred to as
the 'current election') shall, before the expiration of 15 weeks after the
polling day in the current election, furnish to the Electoral Commission a
return, in an approved form, setting out the total amount or value of all
gifts, the number of gifts, and the relevant details of each gift, received by
the candidate during the period that commenced-

   (a)  if the person was not a candidate in a general election or a
        by-election the polling day in which occurred not more than 4 years
        before the polling day in the current election or in a Senate election
        the polling day in which occurred not more than 7 years before the
        polling day in the current election-on the day on which the person
        announced that he would be a candidate in the current election or on
        the day on which he nominated as a candidate in the current election,
        whichever first occurred; or

   (b)  in any other case-on the day after the polling day in the election or
        by-election in which he was most recently a candidate,
and that ended on the polling day in the current election.

''(3) The agent of each group shall, before the expiration of 15 weeks after
the polling day in the election in relation to which the members of the group
have their names grouped in the ballot-papers, furnish to the Electoral
Commission a return, in an approved form, setting out the total amount or
value of all gifts, the number of gifts, and the relevant details of each
gift, received by the group during the period that commenced-

   (a)  in the case of a group that is registered under Part IXB-on the day on
        which the members of the group gave a notification under section 58Y;
        or

   (b)  in any other case-on the day on which the claim under section 72A for
        the group was made,
and that ended on the polling day in the election.

''(4) For the purposes of this section, a reference to the relevant details,
in relation to a gift, shall be read as a reference to the amount or value of
the gift, the date on which the gift was made and the name and address of the
person who made the gift.

''(5) Notwithstanding sub-sections (1), (2) and (3), the agent of a political
party, of a State branch of a political party or of a candidate or group is
not required, in a return under sub-section (1), (2) or (3), as the case may
be, to set out the relevant details of a gift if-

   (a)  in the case of a gift made to a political party or a State branch of a
        political party-

        (i)    the gift was made on the condition that it be used by the party
               or branch for a purpose other than a purpose related to
               an election or a by-election and the party or branch has used,
               or will use, the gift accordingly; or

        (ii)   the amount or value of the gift is less than $1,000;

   (b)  in the case of a gift made to a candidate (including a member of a
        group)-the amount or value of the gift is less than $200; or

   (c)  in the case of a gift made to a group-the amount or value of the gift
        is less than $1,000.

''(6) Sub-paragraph (5) (a) (ii) or paragraph (5) (b) or (c) does not apply in
relation to a return under sub-section (1), (2) or (3), as the case may be, in
relation to a gift made by a person if-

   (a)  in the case of a gift made to a political party or a State branch of a
        political party-the sum of the amount or value of that gift and of all
        other gifts (not being gifts of the kind referred to in sub-paragraph
        (5) (a) (i)) made by that person to that party or to that State
        branch, as the case may be, during the period to which the return
        relates is equal to or exceeds $1,000;

   (b)  in the case of a gift made to a candidate (including a member of a
        group)-the sum of the amount or value of that gift and of all other
        gifts made by that person to that candidate during the period to which
        the return relates is equal to or exceeds $200; or

   (c)  in the case of a gift made to a group-the sum of the amount or value
        of that gift and of all other gifts made by that person to that group
        during the period to which the return relates is equal to or exceeds
        $1,000.

''(7) Notwithstanding sub-section (1), the agent of a political party or of a
State branch of a political party is not required, in a return under
sub-section (1), to set out the total amount or value of, or the number of,
gifts of the kind referred to in sub-paragraph (5) (a) (i). Expenditure
incurred for political purposes

''153K. (1) Where a person (not being a political party or a branch or
division of a political party, a candidate or a member of a group), during the
election period in relation to an election, incurs expenditure for a political
purpose in relation to the election, the person shall, before the expiration
of 15 weeks after the polling day in the election, furnish to the Electoral
Commission a return, in an approved form, setting out the relevant details of
all gifts received by the person during that election period, being gifts-

   (a)  the whole or a part of each of which was used by the person to enable
        the person to incur expenditure for a political purpose in relation to
        the election or to reimburse the person for incurring expenditure for
        a political purpose in relation to the election; and

   (b)  the amount or value of each of which is equal to or exceeds $1,000.

''(2) Sub-section (1) does not apply to a person in respect of the election
period in relation to an election if the total amount of expenditure incurred
by the person for political purposes during the election period is less than
$1,000.

''(3) In this section-

   (a)  a reference to the incurring of expenditure for a political purpose in
        relation to an election shall be read as a reference to the incurring
        of expenditure in connection with or by way of-

        (i)    campaigning in the election in support of, or in opposition to,
               a political party or a branch or division of a political party,
               a candidate in the election or a group;

        (ii)   publicly expressing views on an issue in the election;

        (iii)  the making of a gift to a political party or a State branch of
               a political party (not being a gift made on the condition that
               it be used by the party or branch for a purpose other than a
               purpose related to an election or by-election);

        (iv)   the making of a gift to a candidate in the election or a group;
               or

        (v)    the making of a gift to a person on the understanding that that
               person or another person will apply, either directly or
               indirectly, the whole or a part of the gift as mentioned in
               sub-paragraph (i), (ii), (iii) or (iv); and

   (b)  the reference to the relevant details, in relation to a gift, shall be
        read as a reference to the amount or value of the gift, the date on
        which the gift was made and the name and address of the person who
        made the gift.

''(4) For the purposes of sub-section (1), 2 or more gifts made by the same
person to another person during the election period in relation to an election
shall be taken to be one gift. Certain gifts not to be received

''153L. (1) It is unlawful for a political party or a State branch of a
political party or a person acting on behalf of a political party or a State
branch of a political party to receive a gift made to or for the benefit of
the party or branch by another person, being a gift the amount or value of
which is equal to or exceeds $1,000, unless-

   (a)  the name and address of the person making the gift are known to the
        person receiving the gift or, at the time when the gift is made, the
        person making the gift gives to the person receiving the gift his name
        and address and the person receiving the gift has no grounds to
        believe that the name and address so given are not the true name and
        address of the person making the gift; or

   (b)  the person receiving the gift receives the gift on the condition that
        it be used by the party or branch for a purpose other than a purpose
        related to an election or a by-election.

''(2) It is unlawful for a candidate or a member of a group or a person acting
on behalf of a candidate or group to receive a gift made to or for the benefit
of the candidate or the group, as the case may be, being a gift the amount or
value of which is equal to or exceeds-

   (a)  in the case of a gift made to a candidate-$200; and

   (b)  in the case of a gift made to a group-$1,000, unless the name and
        address of the person making the gift are known to the person
        receiving the gift or, at the time when the gift is made, the person
        making the gift gives to the person receiving the gift his name and
        address and the person receiving the gift has no grounds to believe
        that the name and address so given are not the true name and address
        of the person making the gift.

''(3) For the purposes of this section, 2 or more gifts made by the same
person to or for the benefit of a political party, a State branch of a
political party, a candidate or a group shall be deemed to be one gift.

''(4) For the purposes of sub-section (1), a gift shall be taken not to have
been received on the condition that the gift be used by a political party or a
State branch of a political party for a purpose other than a purpose related
to an election or a by-election if the gift or any part of the gift is
subsequently used for a purpose related to an election or by-election.

''(5) Where a person receives a gift that, by virtue of this section, it is
unlawful for the person to receive, an amount equal to the amount or value of
the gift is payable by that person 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, against-

   (a)  in the case of a gift to or for the benefit of a political party or a
        State branch of a political party-

        (i)    if the party or branch, as the case may be, is a body
               corporate-the party or branch, as the case may be; or

        (ii)   in any other case-the agent of the party or branch, as the case
               may be; or

   (b)  in any other case-the candidate or a member of the group or the agent
        of the candidate or of the group, as the case may be.
Nil returns

''153M. (1) Where no details are required to be included in a return under
this Division in respect of a candidate or a group, the return shall
nevertheless be lodged and shall include a statement to the effect that no
gifts of a kind required to be disclosed were received.

''(2) A political party or a State branch of a political party is not required
to furnish a return under this Division in relation to an election if the
party or branch did not receive any gifts of the kind required to be
disclosed, but the party or branch may lodge a return stating that no gifts
were received by the party or branch.

                ''Division 5-Disclosure of electoral expenditure
Interpretation

''153N. (1) In this Division, 'electoral expenditure', in relation to an
election, means expenditure incurred (whether or not incurred during the
election period) on-

   (a)  the broadcasting, during the election period, of an advertisement
        relating to the election;

   (b)  the publishing in a journal, during the election period, of an
        advertisement relating to the election;

   (c)  the display, during the election period, at a theatre or other place
        of entertainment, of an advertisement relating to the election;

   (d)  the production of an advertisement relating to the election, being an
        advertisement that is broadcast, published or displayed as mentioned
        in paragraph (a), (b) or (c);

   (e)  the production of any material (not being material referred to in
        paragraph (a), (b) or (c)) that is required under section 160, 164 or
        164A to include the name and address of the author of the material or
        of the person authorizing the material and that is used during
        the election period;

   (f)  consultant's or advertising agent's fees in respect of-

        (i)    services provided during the election period, being services
               relating to the election; or

        (ii)   material relating to the election that is used during the
               election period; or

   (g)  the carrying out, during the election period, of an opinion poll, or
        other research, relating to the election.

''(2) For the purposes of this Division, electoral expenditure incurred by or
with the authority of a division of a State branch of a political party shall
be deemed to have been incurred by that State branch.

''(3) A reference in this Division to a participant in an election shall be
read as a reference to-

   (a)  a political party, a State branch of a political party, a division of
        a State branch of a political party or a candidate; or

   (b)  a person (not being a political party, a State branch of a political
        party, a division of a State branch of a political party or a
        candidate) by whom or with the authority of whom electoral expenditure
        in relation to the election was incurred.
Returns of electoral expenditure

''153P. (1) Where electoral expenditure in relation to an election is incurred
by or with the authority of a political party or a State branch of a political
party, the agent of the party or branch shall, before the expiration of 20
weeks after the polling day in the election, furnish to the Electoral
Commission a return, in an approved form, setting out details of that
electoral expenditure.

''(2) The agent of each person who was a candidate in an election (not being a
member of a group) shall, before the expiration of 15 weeks after the polling
day in the election, furnish to the Electoral Commission a return, in an
approved form, setting out details of all electoral expenditure in relation to
the election incurred by or with the authority of the candidate.

''(3) The agent of each group shall, before the expiration of 15 weeks after
the polling day in an election in relation to which the members of the group
have their names grouped in the ballot-papers, furnish to the Electoral
Commission a return, in an approved form, setting out details of all electoral
expenditure in relation to the election incurred by or with the authority of
members of the group.

''(4) Where electoral expenditure in relation to an election was incurred by
or with the authority of a person and that expenditure was not incurred with
the written authority of a political party, a State branch of a political
party, a candidate in the election or a member of a group, the person shall,
before the expiration of 15 weeks after the polling day in the election,
furnish to the Electoral Commission a return, in an approved form, setting out
details of that electoral expenditure.

''(5) A person is not required to furnish a return under sub-section (4) in
respect of an election if the total amount of the electoral expenditure
incurred in relation to the election by or with the authority of the person
does not exceed $200. Returns by broadcasters

''153Q. (1) Where an election has taken place, each broadcaster who, during
the election period, broadcast an advertisement or advertisements relating to
the election with the authority of a participant or participants in the
election shall, before the expiration of 15 weeks after the polling day in the
election, furnish to the Electoral Commission a return, in an approved form,
setting out particulars of that advertisement or each of those advertisements,
being particulars-

   (a)  identifying the station from which that advertisement or each of those
        advertisements was broadcast;

   (b)  identifying the participant in the election with whose authority that
        advertisement or each of those advertisements was broadcast;

   (c)  specifying the date or dates on which, and the times between which,
        that advertisement or each of those advertisements was broadcast; and

   (d)  showing whether or not, on each occasion when that advertisement or
        each of those advertisements was broadcast, a charge was made by the
        broadcaster for the broadcasting of that advertisement or each of
        those advertisements and, where a charge was made, specifying the
        amount of the charge.

''(2) Where, in a return under sub-section (1), the amount of a charge is
specified by a broadcaster in relation to an advertisement, the broadcaster
shall, in the return, state whether or not the charge is a charge at less than
normal commercial rates having regard to the length of the advertisement and
the day or days on which, and the times between which, the advertisement was
broadcast.

''(3) Where, under the Broadcasting and Television Act 1942, a broadcaster
furnishes to the Australian Broadcasting Tribunal constituted under that Act a
return that contains the particulars that the broadcaster is required to
furnish under this section in relation to an election, it is sufficient
compliance with this section if the broadcaster furnishes to the Electoral
Commission a copy of the return furnished to the Tribunal. Returns by
publishers

''153R. (1) Where an election has taken place, each publisher of a journal
who, during the election period, published in the journal an advertisement or
advertisements relating to the election with the authority of a participant or
participants in the election shall, before the expiration of 15 weeks after
the polling day in the election, furnish to the Electoral Commission a return,
in an approved form, setting out particulars of that advertisement or each of
those advertisements, being particulars-

   (a)  identifying the journal in which that advertisement or each of those
        advertisements was published;

   (b)  identifying the participant in the election with whose authority that
        advertisement or each of those advertisements was published;

   (c)  specifying the date or dates on which that advertisement or each of
        those advertisements was published;

   (d)  identifying the page in the journal on which that advertisement or
        each of those advertisements was published and the space in the
        journal occupied by that advertisement or each of those
        advertisements; and

   (e)  showing whether or not a charge was made by the publisher for the
        publication of that advertisement or each of those advertisements and,
        where a charge was made, specifying the amount of the charge.

''(2) Where, in a return under sub-section (1), the amount of a charge is
specified by a publisher in relation to an advertisement, the publisher shall,
in the return, state whether or not the charge was a charge at less than
normal commercial rates having regard to the space in the journal occupied by
the advertisement and the nature of the journal.

''(3) A publisher is not required to furnish a return under sub-section (1) in
respect of an election if the total amount of the charge or charges made by
him in respect of the publication of the advertisement or advertisements
referred to in that sub-section and any other advertisement or advertisements
relating to an election or elections that took place on the same day as the
first-mentioned election does not exceed $1,000. Returns by printers

''153S. (1) Where an election has taken place, each person who, during the
election period, produced any prescribed electoral matter relating to the
election with the authority of a participant or participants in the election
shall, before the expiration of 15 weeks after the polling day in the
election, furnish to the Electoral Commission a return, in an approved form,
setting out particulars of the prescribed electoral matter, being particulars-

   (a)  identifying the participant in the election with whose authority the
        prescribed electoral matter was produced;

   (b)  specifying the nature and the quantity of the prescribed electoral
        matter that was produced;

   (c)  specifying the date or dates on which the prescribed electoral matter
        was produced; and

   (d)  showing whether or not, on each occasion when the prescribed electoral
        matter was produced, a charge was made by the person for the
        production of the prescribed electoral matter and, where a charge was
        made, specifying the amount of the charge.

''(2) A person is not required to furnish a return under sub-section (1) in
respect of an election if the total amount of the charge or charges made by
him in respect of the production of prescribed electoral matter relating to
the election or any other election or elections that took place on the same
day as the first-mentioned election does not exceed $1,000.

''(3) In this section, 'prescribed electoral matter' means a printed electoral
advertisement, handbill, pamphlet or notice (other than an advertisement in a
journal). Nil returns

''153T. Where no electoral expenditure in relation to an election was incurred
by or with the authority of a particular candidate or the members of a
particular group, a return under this Division in respect of the candidate or
group shall nevertheless be lodged and shall include a statement to the effect
that no expenditure of that kind was incurred by or with the authority of the
candidate or the members of the group. Two or more elections on the same day

''153U. (1) Where-

   (a)  the polling at 2 or more elections took place on the same day; and

   (b)  a person would, but for this sub-section, be required to furnish 2 or
        more returns under this Division relating to those elections,
the person may, in lieu of furnishing those returns, furnish one return, in an
approved form, setting out the particulars that he would have been required to
set out in those returns.

''(2) Where-

   (a)  a return is furnished by a person pursuant to sub-section (1); and

   (b)  particular electoral expenditure details of which are required to be
        set out in the return relates to more than one election,
it is sufficient compliance with this Division if the return sets out details
of the expenditure without showing the extent to which it relates to any
particular election.

                           ''Division 6-Miscellaneous
Offences

''153V. (1) Where a person fails to furnish a return that the person is
required to furnish under Division 4 or 5 or under sub-section 153Y (2) within
the time required by this Part, the person is guilty of an offence punishable,
upon conviction, by a fine not exceeding-

   (a)  in the case of a return required to be furnished by the agent of a
        political party or of a State branch of a political party-$5,000; or

   (b)  in any other case-$1,000.

''(2) Where a person-

   (a)  furnishes a return that is incomplete, being a return that the person
        is required to furnish under Division 4 or 5 or under sub-section 153Y
        (2); or

   (b)  fails to retain records in accordance with section 153X, the person is
        guilty of an offence punishable, upon conviction, by a fine not
        exceeding $1,000.

''(3) Where the agent of a political party or of a State branch of a political
party lodges a claim under Division 3, or furnishes a return that the agent is
required to furnish under Division 4 or 5 or under sub-section 153Y (2), that
contains particulars that are, to his knowledge, false or misleading in a
material particular, the agent is guilty of an offence punishable, upon
conviction, by a fine not exceeding $10,000.

''(4) Where a person (not being the agent of a political party or of a State
branch of a political party) lodges a claim under Division 3, or furnishes a
return that the person is required to furnish under Division 4 or 5 or under
sub-section 153Y (2), that contains particulars that are, to his knowledge,
false or misleading in a material particular, the person is guilty of an
offence punishable, upon conviction, by a fine not exceeding $5,000.

''(5) Where a person is convicted of an offence against sub-section (3) or
(4), the court may, in addition to imposing a penalty under that sub-section,
order the person to refund to the Commonwealth the amount of any payment
wrongfully obtained by the person under Division 3.

''(6) Where a court has made an order under sub-section (5), a certificate
signed by the appropriate officer of the court specifying the amount ordered
to be refunded and the person by whom the amount is payable may be filed in a
court having civil jurisdiction to the extent of that amount and is thereupon
enforceable in all respects as a final judgment of that court.

''(7) A person shall not furnish to another person who is required to furnish
a return under Division 4 or 5 or under sub-section 153Y (2) information that
relates to the return and that is, to the knowledge of the first-mentioned
person, false or misleading in a material particular.

Penalty: $1,000.

''(8) Where-

   (a)  a person is required to furnish a return under Division 4 or 5 or
        under sub-section 153Y (2) within a particular period; and

   (b)  the person fails to furnish the return within that period,
the following provisions of this sub-section have effect:

   (c)  the obligation to furnish the return continues notwithstanding that
        that period has expired;

   (d)  where the person is convicted of an offence that is constituted by
        failure to furnish the return within that period, that person is
        guilty of a separate and further offence in respect of each day after
        the day of the conviction during which the failure to furnish the
        return continues; and

   (e)  the penalty applicable to each separate and further offence is a fine
        not exceeding $100.

''(9) Charges against the same person for any number of offences under
paragraph (8) (d) may be joined in the same information or complaint.

''(10) If a person is convicted of more than one offence under paragraph (8)
(d), the court may impose one penalty in respect of all offences of which the
person is so convicted but that penalty shall not exceed the sum of the
maximum penalties that could be imposed if a penalty were imposed in respect
of each offence separately. Investigation, &c.

''153W. (1) In this section, 'authorized officer' means a person authorized by
the Electoral Commission under sub-section (2).

''(2) The Electoral Commission may, by instrument in writing signed by the
Electoral Commissioner on behalf of the Electoral Commission, authorize a
person or a person included in a class of persons to perform duties under this
section.

''(3) Where an authorized officer has reasonable grounds to believe that a
person is capable of producing documents or other things or giving evidence
relating to a contravention, or possible contravention, of section 153V, or
relating to matters that are set out in, or are required to be set out in, a
claim or return under this Part, the authorized officer may, by notice served
personally or by post on that person, require that person-

   (a)  to produce, within the period and in the manner specified in the
        notice, such documents or other things as are referred to in the
        notice; or

   (b)  to appear, at a time and place specified in the notice, before the
        authorized officer to give evidence, either orally or in writing, and
        to produce such documents or other things as are referred to in the
        notice.

''(4) An authorized officer may require any evidence that is to be given to
him in compliance with a notice under sub-section (3) to be given on oath or
affirmation and for that purpose the authorized officer may administer an oath
or affirmation.

''(5) A person shall not, without reasonable excuse, refuse or fail to comply
with a notice under sub-section (3) to the extent that the person is capable
of complying with the notice.

Penalty: $1,000.

''(6) A person shall not, in purported compliance with a notice under
sub-section (3), give evidence that is, to his knowledge, false or misleading
in a material particular.

Penalty: $1,000 or imprisonment for 6 months, or both.

''(7) Where-

   (a)  an authorized officer has reasonable grounds for suspecting that there
        may be, at any time within the next following 24 hours, upon any land
        or upon or in any premises, vessel, aircraft or vehicle, a document or
        other thing that may afford evidence relating to a contravention of
        section 153V; and

   (b)  the authorized officer has reasonable grounds to believe that, if a
        notice under sub-section (3) were issued for the production of the
        document or other thing, the document or other thing might be
        concealed, lost, mutilated or destroyed,
the authorized officer may make an application to a magistrate for the issue
of a warrant under sub-section (8).

''(8) Subject to sub-section (9), where an application under sub-section (7)
is made by an authorized officer to a magistrate, the magistrate may issue a
warrant authorizing the authorized officer or any other person named in the
warrant, with such assistance as he thinks necessary and if necessary by
force-

   (a)  to enter upon the land or upon or into the premises, vessel, aircraft
        or vehicle;

   (b)  to search the land, premises, vessel, aircraft or vehicle for
        documents or other things that may afford evidence relating to a
        contravention of section 153V, being documents or other things of a
        kind described in the warrant; and

   (c)  to seize any documents or other things of the kind referred to in
        paragraph (b).

''(9) A magistrate shall not issue a warrant under sub-section (8) unless-

   (a)  an affidavit has been furnished to him setting out the grounds on
        which the issue of the warrant is being sought;

   (b)  the authorized officer applying for the warrant or some other person
        has given to the magistrate, either orally or by affidavit, such
        further information (if any) as the magistrate requires concerning the
        grounds on which the issue of the warrant is being sought; and

   (c)  the magistrate is satisfied that there are reasonable grounds for
        issuing the warrant.

''(10) Where a magistrate issues a warrant under sub-section (8), he shall
state on the affidavit furnished to him in accordance with sub-section (9)
which of the grounds specified in that affidavit he has relied on to justify
the issue of the warrant and particulars of any other grounds relied on by him
to justify the issue of the warrant.

''(11) A warrant issued under sub-section (8) shall-

   (a)  include a statement of the purpose for which the warrant is issued,
        which shall include a reference to the contravention of section 153V
        in relation to which the warrant is issued;

   (b)  state whether entry is authorized to be made at any time of the day or
        night or during specified hours of the day or night;

   (c)  include a description of the kind of documents or other things
        authorized to be seized; and

   (d)  specify a date, not being later than one month after the date of issue
        of the warrant, upon which the warrant ceases to have effect.

''(12) Where a document or other thing is seized by a person pursuant to a
warrant issued under sub-section (8)-

   (a)  the person may retain the document or other thing so long as is
        reasonably necessary for the purposes of the investigation to which
        the document or other thing is relevant; and

   (b)  when the retention of the document or other thing by the person ceases
        to be reasonably necessary for those purposes, the person shall cause
        the document or other thing to be delivered to the person who appears
        to the first-mentioned person to be entitled to possession of the
        document or other thing.
Records to be kept

''153X. Where a person makes or obtains a document or other thing that is or
includes a record relating to a matter particulars of which are, or could be,
required to be set out in a claim or return under this Part relating to an
election, not being a record that, in the normal course of business or
administration, he would transfer to another person, he shall retain that
record for a period of at least one year commencing on the polling day in that
election. Inability to complete returns

''153Y. (1) Where a person who is required to furnish a return under Division
4 or 5 considers that he is unable to complete the return because he is unable
to obtain particulars that are required for the preparation of the return, he
may-

   (a)  prepare the return to the extent that it is possible to do so without
        those particulars;

   (b)  furnish the return so prepared; and

   (c)  give to the Electoral Commission notice in writing-

        (i)    identifying the return;

        (ii)   stating that he considers that the return is incomplete by
               reason that he is unable to obtain certain particulars;

        (iii)  identifying those particulars;

        (iv)   setting out the reasons why he is unable to obtain those
               particulars; and

        (v)    if he believes, on reasonable grounds, that another person
               whose name and address are known to him can give those
               particulars-specifying the name and address of that other
               person and stating that he believes, and setting out the
               reasons why he believes, that that other person can supply
               those particulars,
and, if he does so, he shall not, by reason of the omission of those
particulars, be taken, for the purposes of sub-section 153V (2), to have
furnished a return that is incomplete.

''(2) Where the Electoral Commission has been informed under paragraph (1) (c)
that a person can supply particulars that have not been included in a return,
the Electoral Commission may, by notice in writing served on that person,
require the person to furnish to the Electoral Commission, within the period
specified in the notice, a return, in an approved form, setting out
particulars of that matter and, subject to sub-section (3), the person shall
comply with that requirement.

''(3) Where a person who is required to furnish a return under sub-section (2)
considers that he is unable to complete the return because he is unable to
obtain particulars that are required to be set out in the return, he shall-

   (a)  prepare the return to the extent that it is possible to do so without
        those particulars;

   (b)  furnish the return so prepared; and

   (c)  furnish with the return a notice in writing-

        (i)    stating that he considers that the return is incomplete by
               reason that he is unable to obtain certain particulars;

        (ii)   identifying those particulars;

        (iii)  setting out the reasons why he considers that he is unable to
               obtain those particulars; and

        (iv)   if he believes, on reasonable grounds, that another person
               whose name and address are known to him can give those
               particulars-specifying the name and address of that other
               person and stating that he believes, and setting out the
               reasons why he believes, that that other person can supply
               those particulars,
and, if he does so, he shall not, by reason of the omission of those
particulars, be taken, for the purposes of sub-section 153V (2), to have
furnished a return that is incomplete. Non-compliance with Part does not
affect election

''153Z. (1) A failure of a person to comply with a provision of this Part in
relation to an election does not invalidate that election.

''(2) Without limiting the generality of sub-section (1), where-

   (a)  a political party endorsed a candidate in an election; and

   (b)  the candidate was elected at the election,
any failure by the agent of the political party or by the agent of any State
branch of the political party to comply with a provision of this Part in
relation to the election does not invalidate the election of the candidate.

''(3) Without limiting the generality of sub-section (1), if the agent of a
registered candidate who is elected at an election fails to comply with a
provision of this Part in relation to the election, that failure does not
invalidate the election of the candidate.

''(4) Without limiting the generality of sub-section (1), if the agent of a
registered group, being a group one or more of the members of which is or are
elected at an election, fails to comply with a provision of this Part in
relation to the election, that failure does not invalidate the election of the
member or members. Public may obtain copies of claims and returns

''153ZA. (1) The Electoral Commission shall cause to be kept, at the principal
office of the Electoral Commission in Canberra, in the capital city of each
State and in Darwin a copy of-

   (a)  each claim for a payment under Division 3 that is lodged with the
        Electoral Commission under that Division;

   (b)  each return furnished to the Electoral Commission under Division 4 or
        5; and

   (c)  each return furnished to the Electoral Commission under sub-section
        153Y (2).

''(2) A person is entitled, without charge, to peruse a copy of a claim or
return referred to in sub-section (1) that is kept at an office of the
Electoral Commission in accordance with that sub-section.

''(3) A person is entitled, on payment of a fee determined by the Electoral
Commission to cover the cost of copying, to obtain a copy of a claim or return
referred to in sub-section (1) that is kept at an office of the Electoral
Commission in accordance with that sub-section. Indexation

''153ZB. (1) In this section-

'index number', in relation to a quarter, means the All Groups Consumer Price
Index number, being the weighted average of the 8 capital cities, published by
the Australian Statistician in respect of that quarter;

'relevant amount' means the amount specified in sub-section 152 (1), (2) or
(3);

'relevant period' means the period of 6 months commencing on 1 July 1984 and
each subsequent period of 6 months.

''(2) Subject to sub-section (3), if at any time, whether before or after the
commencement of this section, the Australian Statistician has published or
publishes an index number in respect of a quarter in substitution for an index
number previously published by him in respect of that quarter, the publication
of the later index number shall be disregarded for the purposes of this
section.

''(3) If at any time, whether before or after the commencement of this
section, the Australian Statistician has changed or changes the reference base
for the Consumer Price Index, then, for the purposes of the application of
this section after the change took place or takes place, regard shall be had
only to index numbers published in terms of the new reference base.

''(4) Where the factor ascertained under sub-section (5) in relation to a
relevant period is greater than 1, this Part has effect in relation to any
election the polling day in which occurs during that relevant period as if for
each relevant amount there were substituted an amount calculated by
multiplying by that factor-

   (a)  in a case to which paragraph (b) does not apply-the relevant amount;
        or

   (b)  if, by virtue of another application or other applications of this
        section, this Part has had effect as if another amount was
        substituted, or other amounts were substituted, for the relevant
        amount-the substituted amount or the last substituted amount, as the
        case may be.

''(5) The factor to be ascertained for the purposes of sub-section (4) in
relation to a relevant period is the number, calculated to 3 decimal places,
ascertained-

   (a)  if the relevant period commences on 1 July-by dividing the index
        number for the last preceding March quarter by the index number for
        the last preceding September quarter; or

   (b)  if the relevant period commences on 1 January-by dividing the index
        number for the last preceding September quarter by the index number
        for the last preceding March quarter.

''(6) Where the factor ascertained in accordance with sub-section (5) in
relation to a relevant period would, if it were calculated to 4 decimal
places, end with a number greater than 4, the factor ascertained in accordance
with that sub-section in relation to that relevant period shall be taken to be
the factor calculated to 3 decimal places in accordance with that sub-section
and increased by 0.001.''.

(2) Division 4 of Part XVI of the Commonwealth Electoral Act 1918
does not apply in relation to any gifts made before the commencement of that
Part.