Tasmanian Numbered Acts

ELECTORAL DISCLOSURE AND FUNDING ACT 2023 (NO. 37 OF 2023)

- Act 37 of 2023
- Royal Assent 11 December 2023

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Implied freedom of political communication

   PART 2 - Interpretation

   5.      Interpretation
   6.      Meaning of electoral expenditure
   7.      When electoral expenditure is incurred
   8.      Meaning of third-party campaigner
   9.      Meaning of senior office holder
   10.     Endorsement by registered party
   11.     Meaning of gift and gift in kind
   12.     Meaning of political donation
   13.     Meaning of reportable political donation
   14.     Meaning of Assembly administrative expenditure
   15.     Gift, or electoral expenditure, in anticipation of person becoming candidate
   16.     Person taken to be candidate for 30 days after polling day
   17.     Disposition of property other than money taken to be gift of value of property

   PART 3 - Prohibited Political Donations

           Division 1 - Political donations from foreign donors

   18.     Object of Division 1
   19.     Meaning of acceptable action
   20.     When appropriate donor information is obtained
   21.     Political donations by foreign donors not to be accepted in certain circumstances
   22.     Gifts to third-party campaigners by foreign donors
   23.     Gifts from foreign donors for purpose of incurring electoral expenditure, &c.
   24.     False statement, or information, that donor is not a foreign donor

           Division 2 - Other prohibited political donations

   25.     Political donations to independent candidates by parties, associated entities and persons
   26.     Prohibition on receiving gifts from unknown source
   27.     Political donations in cash of more than $100 not to be made or accepted
   28.     Certain loans not to be accepted unless details recorded
   29.     Offence to do act that is unlawful under this Division

           Division 3 - Recovery of unlawful donations

   30.     Unlawful donation may be recovered

   PART 4 - Acceptance and Use of Political Donations

           Division 1 - Unlawful acceptance of political donations

   31.     Acceptance, by registered party or persons endorsed by registered party, of political donations
   32.     Acceptance and use by registered parties of political donations for anticipated candidates
   33.     Acceptance, by independent Assembly Members or candidates or Council Members or candidates, of political donations
   34.     Acceptance, by associated entities, of political donations
   35.     Acceptance, by third-party campaigners, of political donations
   36.     Person accepting reportable political donation must record details

           Division 2 - Use of political donations

   37.     Registered parties must not use political donations except for certain purposes
   38.     Members and candidates must only use political donations for certain purposes

           Division 3 - Offences

   39.     Offence of doing act that is unlawful under this Part

   PART 5 - Disclosure of Political Donations

           Division 1 - Persons responsible for disclosures of political donations

   40.     Registered parties and their Members and candidates
   41.     Independent Assembly Members, Council Members, independent candidates and Council candidates
   42.     Associated entities
   43.     Third-party campaigners
   44.     Significant political donors
   45.     Disclosure requirements where person ceases to be type of person

           Division 2 - Requirements in relation to disclosure of reportable political donations

   46.     Details, of reportable political donations, that are required to be disclosed
   47.     Donation disclosure by significant political donor also to include disclosure of certain gifts received
   48.     Separate disclosures not required of same item
   49.     Donation declarations
   50.     Extension of date for making disclosures
   51.     Amendment of donation declarations
   52.     Commission may audit donation declarations
   53.     Publication on Commission website of disclosures

           Division 3 - Offences

   54.     Offence to fail to lodge complete donation declaration
   55.     Offences relating to assisting others lodging donation declarations

   PART 6 - Electoral Expenditure in Assembly Elections

           Division 1 - Preliminary

   56.     Electoral expenditure of endorsed Assembly candidate or Member where incurred by party, &c.

           Division 2 - Responsibility for disclosure of electoral expenditure

   57.     Registered parties and endorsed Members or candidates
   58.     Independent Assembly Members and independent Assembly candidates
   59.     Associated entities
   60.     Third-party campaigners
   61.     Election expenditure disclosure requirements where person or entity ceases to be type of person or entity

           Division 3 - Requirements in relation to disclosure of electoral expenditure

   62.     Details required in disclosure of electoral expenditure
   63.     Separate disclosures not required of same item

           Division 4 - Requirements for payment of electoral expenditure

   64.     Payments of electoral expenditure to be made from party campaign account
   65.     Requirements if party agent responsible for disclosure of electoral expenditure
   66.     Requirements in relation to independent Assembly Members and independent Assembly candidates
   67.     Requirements for associated entity in relation to expenditure
   68.     Requirements for payment of electoral expenditure by third-party campaigner

           Division 5 - Offences

   69.     Offence to do act that is unlawful under this Part

   PART 7 - Assembly Election Campaign Returns

           Division 1 - Requirements in relation to Assembly election campaign returns

   70.     Certain persons to lodge returns even if no political donations or electoral expenditure incurred
   71.     Assembly election campaign returns
   72.     Extension of date for making return
   73.     Amendment of Assembly election campaign return
   74.     Commission to check, and may audit, Assembly election campaign return
   75.     Publication on Commission website of Assembly election campaign returns, &c.

           Division 2 - Offences

   76.     Offences relating to Assembly election campaign returns
   77.     Offences relating to assisting others lodging Assembly election campaign returns
   78.     Offence to do act that is unlawful under this Part

   PART 8 - Electoral Expenditure in Relation to Council Elections

           Division 1 - Preliminary

   79.     Meaning of expenditure limit
   80.     Meaning of Council election expenditure

           Division 2 - Incurral of Council election expenditure

   81.     Who may incur Council election expenditure
   82.     Candidate's expenditure limit
   83.     Person not to incur certain election expenditure for or on behalf of registered party

           Division 3 - Council election campaign return

   84.     Lodgment of candidate's Council election campaign return
   85.     Extension of time for lodging Council election campaign return
   86.     Amendment of Council election campaign return
   87.     Commission to check, and may audit, Council election campaign returns
   88.     Council election campaign returns to be available for public inspection

           Division 4 - Offences

   89.     Official agent must not give or withhold certain information in relation to Council election campaign return
   90.     Offences in relation to Council election expenditure

   PART 9 - Campaign Accounts

   91.     Campaign accounts of registered parties
   92.     Campaign accounts of independent Assembly Members, independent Assembly candidates, Council Members and Council candidates
   93.     Campaign accounts of associated entities and third-party campaigners
   94.     Person may be authorised to make electoral expenditure payments from campaign account of associated entity or third-party campaigner

   PART 10 - Registration of Electoral Participants

           Division 1 - Register of Candidates

   95.     Register of Candidates
   96.     Candidates who are taken to be registered
   97.     Applications for registration of candidates
   98.     Determination of applications for registration of candidates
   99.     Registration of Assembly candidates as being endorsed by registered party
   100.    Commission must be notified of changes in registered particulars
   101.    Variation and cancellation of registration

           Division 2 - Register of Assembly Members

   102.    Register of Assembly Members
   103.    Registration of Assembly Member as endorsed by registered party
   104.    Amendment of Register

           Division 3 - Register of Party Agents

   105.    Register of Party Agents
   106.    When registered party must apply for appointment of party agent
   107.    Appointment of party agents
   108.    When person ceases to be appointed party agent
   109.    When person taken to be party agent
   110.    Registration of party agent
   111.    Commission to be notified of change in party agent’s particulars
   112.    Amendment of Register

           Division 4 - Register of Official Agents

   113.    Register of Official Agents
   114.    Appointment of official agents
   115.    When person ceases to be appointed official agent
   116.    Certain persons taken to be official agents
   117.    Registration of official agent
   118.    Commission to be notified of change in official agent’s particulars
   119.    Amendment of Register

           Division 5 - Register of Associated Entities

   120.    Register of Associated Entities
   121.    Applications for registration
   122.    Determination of application for registration of associated entity
   123.    Commission to be notified of changes in registered particulars in relation to associated entity
   124.    Variation and cancellation of registration

           Division 6 - Register of Third-party Campaigners

   125.    Register of Third-party Campaigners
   126.    Applications for registration
   127.    Determination of application for registration as third-party campaigner
   128.    Commission to be notified of changes in registered particulars in relation to third-party campaigner
   129.    Variation and cancellation of registration

           Division 7 - Public access to registers

   130.    Public to have access to registers

   PART 11 - Public Funding of Assembly Election Campaigns

           Division 1 - Public funding of electoral expenditure of Assembly parties and candidates

   131.    Establishment of Election Campaigns Fund
   132.    Registered parties eligible for public funding of Assembly election campaigns
   133.    Amount of public funding for eligible parties
   134.    Independent Assembly candidates eligible for public funding of Assembly election campaigns
   135.    Amount of public funding for eligible independent Assembly candidates
   136.    Entitlements to advance payments

           Division 2 - General provisions relating to funding

   137.    Claims for payments
   138.    Approvals of payments
   139.    Commission may audit claims
   140.    Making of payments
   141.    Prepayment on lodgment of claims
   142.    Payments conditional on disclosure of political donations, &c.
   143.    Death of candidate
   144.    Deductions from payment for debts owed
   145.    Public access to claims and related documents

   PART 12 - Administrative Funding for Assembly

           Division 1 - Preliminary

   146.    Establishment of Administration Fund

           Division 2 - Public funding of Assembly administrative expenditure

   147.    Administrative funding of eligible parties for Assembly administrative expenditure
   148.    Administrative funding of independent Assembly Members for Assembly administrative expenditure
   149.    Provisions relating to quarterly payments
   150.    Quarterly advance payments

           Division 3 - General

   151.    Claims for payment
   152.    Payment of claims under this Part
   153.    Commission may audit claims
   154.    Payments conditional on compliance with other obligations under this Act
   155.    Public access to claims and related documents

   PART 13 - Investigation, Offences and Proceedings

           Division 1 - Investigation powers

   156.    Power to require provision of documents and information
   157.    Offences and proceedings in relation to notice
   158.    Appointment and identification of inspectors
   159.    Entry by inspector, &c., under warrant
   160.    Warrant by telephone or other electronic means

           Division 2 - Offences

   161.    Offence relating to scheme to circumvent political donation or expenditure prohibitions or restrictions
   162.    Offence to give or withhold certain information that may result in false or misleading funding claim
   163.    Offence of failing to keep records
   164.    False or misleading information
   165.    Duties of senior office holders of registered parties to report alleged contraventions of this Act
   166.    Continuing offences

           Division 3 - Nature of proceedings for offences

   167.    Commencement of proceedings for offences
   168.    Infringement notices
   169.    Civil and criminal proceedings against parties that are unincorporated associations
   170.    Evidence

   PART 14 - Miscellaneous

           Division 1 - Provisions relating to Commission

   171.    Commission may educate and inform Members and candidates
   172.    Money received by Commission
   173.    Guidelines
   174.    Compliance agreements

           Division 2 - Other provisions

   175.    Action taken on behalf of certain entities related to party taken to be done by party
   176.    Advertising
   177.    References to name and address of person making donation or loan
   178.    Related corporations taken to be single corporation
   179.    Statutory declarations
   180.    Appropriation of Public Account for electoral funding
   181.    Regulations
   182.    Review of Act
   183.    Transitional provisions
   184.    Administration of Act

   PART 15 - Electoral Act 2004 amended

   185.    Principal Act
   186.    Section 3 amended (Interpretation)
   187.    Section 5 repealed
   188.    Part 6 repealed
   189.    Part 7, Division 6 repealed
           SCHEDULE 1