Commonwealth Electoral Act 1918

Part XX—Election funding and financial disclosure

This Part deals with the funding of registered political parties and candidates. It also deals with gifts and other financial matters relating to political parties, members of the House of Representatives, Senators, candidates, significant third parties, associated entities, nominated entities and third parties.

Registered political parties and candidates must have agents. Significant third parties, associated entities and nominated entities must nominate financial controllers. Many of the obligations in this Part are imposed on those agents and financial controllers. In some cases, obligations are imposed on registered officers of registered political parties.

Registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties must have federal accounts to be used for paying for electoral expenditure or for crediting gifts of money.

Registered political parties and candidates may be entitled to election funding. The election funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election. The regulations may provide for payments of an advance on election funding in limited circumstances (broadly, where a registered political party or candidate was entitled to election funding in the most recent election).

Administrative assistance funding may be payable to registered political parties and independent members for quarters in a calendar year.

Broadly, political entities and other entities called “capped expenditure entities” (these are significant third parties, associated entities, nominated entities and third parties) must not incur electoral expenditure above specified caps each calendar year. The caps apply to electoral expenditure generally, and also to electoral expenditure targeted to particular Divisions, States or Territories.

There are also caps that apply in by‑election and Senate‑only election periods to electoral expenditure on the Division or on the State or Territory to which the election relates.

The caps are indexed each year.

Generally, gifts of at least $1,000 to members of the House of Representatives, Senators, political entities (who are registered political parties and candidates) and significant third parties must not be made by foreign donors (that is, persons who, broadly, do not have a connection to Australia).

Broadly, gifts must not be made to a member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor for the purpose of incurring electoral expenditure or creating or communicating electoral matter.

Gifts to these persons or entities by other donors that are made for a federal purpose are subject to a cap. Gifts (other than gifts made for the purposes of a by‑election or a Senate‑only election) are subject to an annual cap for a calendar year. Gifts made for the purposes of a by‑election or a Senate‑only election are subject to a separate cap during the election period for the election. Gifts may be aggregated with other gifts made by the same donor to related persons or entities if the gifts are made in the same calendar year, or for the purposes of the same by‑election or Senate‑only election.

In addition, gifts made for a federal purpose by the same person or entity to unendorsed candidates in the same State or Territory are also subject to a cap.

There are obligations to disclose certain gifts made to:

(a) candidates; and

(b) members of the House of Representatives, Senators, registered political parties, State branches, significant third parties, associated entities, nominated entities and third parties.

Each calendar year, registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties are required to disclose details relating to amounts received or paid or incurred by the parties, candidates, members, Senators, persons or entities during the year.

287 Interpretation

(1) In this Part, unless the contrary intention appears:

administrative expenditure has the meaning given by section 287AAA.

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.

Australian resident means a person who holds a permanent visa under the Migration Act 1958.

broadcast includes televise.

candidate has a meaning affected by subsection (9).

commercial interest rate, in relation to a loan, means a rate of interest per annum that is at least 1.5 percentage points above:

(a) the cash rate target published by the Reserve Bank of Australia that is in effect on the day the loan is made; or

(b) if the Reserve Bank no longer publishes an interest rate called the cash rate target—the interest rate published by the Reserve Bank that is substantively the same as the cash rate target and is in effect on the day the loan is made.

Note: The cash rate target published by the Reserve Bank is commonly referred to as the cash rate. For details of the cash rate target and other interest rates published by the Reserve Bank, see www.rba.gov.au.

core member of an expenditure group has the meaning given by paragraph 302ALF(1)(a).

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 $5,000.

Note: The amount of $5,000 is indexed under section 321AA.

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 the person’s 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.

donation disclosure notice means a notice under subsection 303A(1), 303E(1) or 303L(1).

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

Note: For the meaning of election when used in Division 4 of this Part, see section 303.

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 latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election.

electoral expenditure has the meaning given by section 287AB.

entity means:

(a) an incorporated or unincorporated body;

(b) the trustee of a trust.

expenditure group has the meaning given by subsection 302ALF(1).

federal account means an account where:

(a) the only amounts deposited into the account are amounts to be used only for a federal purpose; and

(b) the only amounts withdrawn or transferred from the account are amounts:

(i) withdrawn or transferred for a federal purpose; or

(ii) transferred to another federal account; and

(d) the account is kept in Australia.

Note: ADI is short for authorised deposit‑taking institution.

Example: A federal account of a federal party may be established by the federal party or a State branch of the federal party.

federal administrative account means an account where:

(a) the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and

(b) the only amounts withdrawn or transferred from the account are amounts:

(i) withdrawn or transferred for a federal administrative purpose; or

(ii) transferred to another federal administrative account; and

(d) the account is kept in Australia.

Note: ADI is short for authorised deposit‑taking institution.

Example: A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.

federal administrative purpose means the purpose of incurring:

(a) administrative expenditure; or

(b) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.

Note: See section 287AAA for the definition of administrative expenditure.

federal party means a registered political party that has:

(a) a federal branch; and

(b) 2 or more State branches that are registered political parties.

federal purpose means the purpose of incurring electoral expenditure, or creating or communicating electoral matter.

financial controller, in relation to a person or entity, means (subject to section 292F):

(a) if the person or entity is a company—the secretary of the company;

(b) if the person or entity is the trustee of a trust—the trustee;

financial institution means:

(a) an ADI (within the meaning of the Banking Act 1959); or

(b) a bank; or

(d) a credit union.

Note: ADI is short for authorised deposit‑taking institution.

financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.

foreign donor has the meaning given by section 287AA.

foreign public enterprise has the meaning given by section 70.1 of the Criminal Code.

gift has the meaning given by section 287AAB.

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 168.

group amount for a group means the total amount worked out by multiplying $5 by the number of formal first preference votes given for candidates in the group in the relevant election, based on formal first preference votes counted as at the day mentioned in subsection 293(3).

Note: The dollar amount specified in this definition is indexed under section 321.

head office of an entity means the place of business where central management and control of the entity are exercised.

House of Representatives qualifying day, for a person and a registered political party, has the meaning given by section 302AB.

independent member: a person is an independent member if the person:

(a) is a member of the House of Representatives or a Senator; and

(b) is not a member of a registered political party.

jointly endorsed group means a group whose candidates are endorsed for a Senate election by more than one registered political party.

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

loan means any of the following:

(a) an advance of money;

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

(c) a payment of an amount for, on account of, on behalf of or at 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).

nominated entity means an entity registered as the nominated entity of a registered political party under section 287MC.

peak representative body means an entity in respect of which the following conditions are satisfied:

(a) the majority of the entity’s income is payments made by the members, branches or affiliates (however described) of the entity;

(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:

(i) an officeholder of the entity who is a non‑financial member, branch or affiliate of the entity; or

(ii) a person who is a non‑financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or

(iii) an honorary non‑financial member, branch or affiliate of the entity;

(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;

(d) the majority of the entity’s income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;

(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.

Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.

political campaigner: see subsection (11).

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

property includes money.

qualifying election has the meaning given by subsection 298J(2).

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.

registered, in relation to an election, means registered, before the day of issue of the writ for the election, under Part XI.

registered industrial organisation means:

(a) an organisation registered under the Fair Work (Registered Organisations) Act 2009; or

(b) an association registered or recognised under that Act or under a law of a State or Territory concerning the registration of industrial associations.

regulated entity means:

(a) in section 302CA—a political entity, a significant third party or a third party; and

(b) in section 314B—a political entity, a significant third party, a third party, an associated entity or a nominated entity; and

(c) in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.

scheme (except in section 287E) means:

(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

Senate‑only election means a Senate election not held concurrently with a general election.

Senate qualifying day, for a person and a registered political party, has the meaning given by section 302AB.

significant third party means a person or entity that is registered as a significant third party under section 287L.

Note 1: See also subsection (8) of this section and section 287C (entities 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 significant third party.

single‑party endorsed group means a group whose candidates are endorsed for a Senate election by a single registered political party.

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.

State or Territory electoral law means a law (including a part of a law) of a State or Territory that deals with electoral matters (within the ordinary meaning of the expression).

State or Territory electoral purpose means a purpose relating to a State, Territory or local government election (and, to avoid doubt, does not include the purpose of incurring electoral expenditure or creating or communicating electoral matter).

third party: a person or entity (except a political entity, a member of the House of Representatives or a Senator) is a third party at a time during a calendar year if:

(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during the year as at that time is more than the third party threshold; and

(b) at that time in the year, the person or entity:

(i) is not required to be registered as a significant third party under section 287F or as an associated entity under section 287H for the year; and

(ii) is not so registered under section 287L; and

Note: See also subsections (8) and (8A) to (8D) and section 287C (entities that have branches or are not incorporated).

third party threshold means $20,000.

Note: The amount of $20,000 is indexed under section 321A.

Transparency Register means the Register of that name established and maintained under section 287N.

(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 lodged at the principal office 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.

(4A) In relation to a political party that does not have State branches or that only carries on activities in one State or Territory:

(a) a reference in another Division of this Part (other than Division 2) to a State branch of a political party is a reference to the party; and

(b) a reference to the agent of a State branch of a political party is:

(i) a reference to the agent of the party in respect of the relevant State or Territory; or

(ii) if the party does not have an agent in respect of that State or Territory—a reference to the agent of the 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 Corporations Act 2001.

Branches of significant third parties and third parties

(8) A significant third party or third party that has branches is, for the purposes of this Part, to be treated as a single significant third party or third party.

Note: See also section 287C (entities that are not incorporated).

Entities that are both a significant third party and an associated entity

(8A) If, at a time, an entity is registered as both:

(a) a significant third party; and

(b) an associated entity;

then the entity is, for the purposes of this Part, to be treated at that time as if it were only an associated entity.

Branches of associated entities

(8B) An associated entity that has a branch that is also an associated entity is, for the purposes of this Part, to be treated as a separate associated entity from the branch.

Associated entity that is a body corporate that is related to another body corporate

(8C) If an associated entity is a body corporate that is related to another body corporate, then, despite subsection (6), the associated entity is, for the purposes of this Part, to be treated as a separate person from the other body corporate.

Significant third party or third party that has a branch that is an associated entity

(8D) If a significant third party or a third party has a branch that is an associated entity, then, despite subsection (8), the branch is, for the purposes of this Part, to be treated as separate from the significant third party or third party.

When a person is a candidate

(9) For the purposes of this Part, a person:

(a) begins to be a candidate in an election on the earliest of the following days:

(i) the day the person announced that the person would be a candidate in the election;

(ii) the day the person nominated as a candidate in the election;

(iii) the day the person receives a gift for a federal purpose in relation to the person’s campaign as a candidate that exceeds the disclosure threshold;

(iv) the day that the total amount or value of all gifts for a federal purpose received by the person in relation to the person’s campaign as a candidate, from the same person or entity, exceeds the disclosure threshold;

(v) the day the person incurs electoral expenditure for the purposes of the person’s campaign as a candidate that exceeds the disclosure threshold; and

(b) ceases to be a candidate in an election at the end of 7 days after the polling day in the election.

Note 1: A person may, for example, begin to be a candidate when the person receives a gift as described in subparagraph (a)(iii) of this subsection, regardless of whether the person has announced the person would be a candidate, or the person nominated as a candidate, in an election.

Note 2: Candidates have certain obligations under this Part in relation to, for example, the expedited disclosure of gifts, the keeping of a federal account and the submission of annual returns (see Division 5). Gifts to candidates may be subject to a gift cap (see Division 3A), and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB).

Formal first preference group votes

(9A) To avoid doubt, a formal first preference vote includes a vote given for a group in a square printed on the ballot paper above the line.

Note: A square numbered 1 for a group above the line is taken under section 272 to be a first preference vote for the candidate at the top of the group below the line.

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.

References in other laws to political campaigners

(11) A reference in another law of the Commonwealth to a person or entity registered under this Act as a political campaigner is taken to be a reference to a person or entity registered under this Act as a significant third party.

287AAA Definition of administrative expenditure

(1) Subject to subsection (2), administrative expenditure, by a registered political party or an independent member, means the following expenditure to the extent that the expenditure relates, directly or indirectly, to a matter under this Act:

(a) expenditure for the administration or management of the activities of the registered political party or independent member;

(b) expenditure for conferences, seminars, meetings or similar functions at which the policies of the registered political party or independent member are discussed or formulated;

(c) expenditure in respect of auditing of the financial accounts of, or auditing in connection with claims or disclosures under this Part in relation to, the registered political party or independent member;

(d) expenditure on the remuneration of staff engaged in one or more of the matters referred to in paragraphs (a), (b) and (c) for the registered political party or independent member, to the extent that the expenditure relates to the time that the staff are engaged in those matters;

(e) expenditure on the training of staff of the registered political party or independent member in relation to one or more of the matters referred to in paragraphs (a), (b) and (c);

(f) expenditure on equipment (including information technology equipment) or vehicles used by staff whilst engaged in one or more of the matters referred to in paragraphs (a), (b) and (c) for the registered political party or independent member, to the extent that the expenditure related to the use of the equipment or vehicles by the staff whilst engaged in those matters;

(g) expenditure on office accommodation for the staff and equipment referred to in paragraphs (d) and (f);

(h) expenditure on interest payments on loans, to the extent that the loans are in connection with one or more of the matters referred to in paragraphs (a) to (g);

(i) expenditure in relation to complying with obligations under this Act;

(j) expenditure of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: If expenditure is partially for a matter covered by subsection (1) and partially for another purpose or purposes, then, subject to subsection (2), the expenditure to the extent it is for the matter covered by subsection (1) is administrative expenditure.

Note 3: The sharing of staff between core members of a registered political party’s expenditure group is not a gift (see subparagraph 287AAB(3)(m)(i)).

Exceptions

(2) Administrative expenditure does not include the following:

(a) expenditure incurred for the dominant purpose of creating or communicating particular electoral matter or electoral matter generally;

(b) expenditure to the extent that it is of a kind that is payable or reimbursable by the Commonwealth (except under Division 3AA) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister;

(d) expenditure of a kind prescribed by the regulations for the purposes of this paragraph.

Note: For the definition of State or Territory electoral purpose, see section 287.

287AA Meaning of foreign donor

Each of the following is a foreign donor:

(a) a body politic of a foreign country;

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

(d) a foreign public enterprise;

(e) an entity (whether or not incorporated) that does not meet any of the following conditions:

(i) the entity is incorporated in Australia;

(ii) the entity’s head office is in Australia;

(iii) the entity’s principal place of activity is, or is in, Australia;

(f) an individual who is none of the following:

(i) an elector;

(ii) an Australian citizen;

(iii) an Australian resident;

(iv) a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 (or if that Subclass ceases to exist, the kind of visa that replaces that Subclass).

287AAB Meaning of gift

(1) A gift means any disposition of property made by a person or entity to another person or entity, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service for no consideration or for inadequate consideration.

Note: For disposition of property, see subsection 287(1).

(2) In addition, a gift includes the following:

(a) an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function that forms part of the net proceeds of the venture or function (see also section 302CH);

(b) uncharged interest on a loan to a person or entity, being the additional amount that would have been payable by the person or entity if:

(i) the loan had been made on terms requiring the payment of interest at a commercial interest rate; and

(ii) any interest payable had not been waived; and

(iii) any interest payments were not capitalised.

(3) Subject to subsection (4), a gift does not include the following:

(a) a 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 or entity in respect of the person or entity’s membership of the party, branch or division;

(b) a subscription paid to an associated entity by a person or entity in respect of the person or entity’s membership of the associated entity;

(c) an amount 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 or entity in respect of the person or entity’s affiliation with the party, branch or division;

(d) an amount paid to an associated entity by a person or entity in respect of the person or entity’s affiliation with the associated entity;

(e) an amount paid by a political party to another political party, if:

(i) the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and

(ii) the other is a federal branch;

(f) an annual levy paid to a registered political party or a State branch of a political party by:

(i) a person elected as a member of the House of Representatives or as a Senator; or

(ii) a member of staff of a person elected as a member of the House of Representatives or as a Senator; or

(iii) an employee or elected official of the political party;

(g) a disposition of property (including the provision of a service) made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;

Note: See subsection (3A) for an exception to paragraph (g).

(ga) a loan made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;

(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;

(h) a disposition of property (including the provision of a service) made by:

(i) a State branch of an associated entity to another State branch of the associated entity; or

(ii) a State branch of an associated entity to a federal branch of the associated entity (or vice versa);

(i) a payment under Division 3 (election funding) or Division 3AA (administrative assistance funding);

(j) a grant of financial assistance made by the Commonwealth;

(k) any visit, experience or activity provided for the purposes of a political exchange program;

(l) the provision of labour by a person acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses);

(m) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between:

(i) core members of a registered political party’s expenditure group; or

(ii) an associated entity and any branch of the associated entity; or

(iii) an associated entity and core members of a registered political party’s expenditure group, if the core members of the group include a registered political party with which the entity is associated;

(n) the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between 2 political parties if:

(i) the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and

(ii) the other is a federal branch;

(o) the provision, by an associated entity, of office accommodation, an asset or a piece of equipment for the purposes of a campaign in an election, to a core member of a registered political party’s expenditure group, if the core members of the group include a registered political party with which the entity is associated;

(p) the provision, by a political party to another political party, of office accommodation, an asset or a piece of equipment for the purposes of a campaign in an election, if:

(i) the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and

(ii) the other is a federal branch;

(q) a bequest;

(r) except as provided by paragraph (2)(b):

(i) a loan made by a financial institution; or

(ii) a loan made by a person or entity at a commercial interest rate;

(s) electoral expenditure incurred by a person or entity for the benefit of another person or entity;

(t) an amount of salary or allowance paid to a member of the Parliament, or a member of the staff of a member of the Parliament, including an amount of salary, remuneration, allowance or expenses payable under:

(i) the Constitution; or

(ii) the Parliamentary Business Resources Act 2017; or

(iii) an agreement for employment or engagement referred to in the Members of Parliament (Staff) Act 1984;

(u) a gift made to a person who is a candidate, a member of the House of Representatives or a Senator if:

(i) the gift is made in a private capacity to the person for the person’s personal use; and

(ii) the person has not used, and does not intend to use, the gift solely or substantially for a purpose related to an election or a by‑election;

(v) a gift to a person or entity for a State or Territory electoral purpose that is not paid into a federal account;

(w) a gift received by, or on behalf of, a person or entity registered under the Australian Charities and Not‑for‑profits Commission Act 2012 if:

(i) the gift was not made for a federal purpose; and

(ii) the gift was not made for the purpose of reimbursing the person or entity for incurring electoral expenditure or for creating or communicating electoral matter;

(x) an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function that does not form part of the net proceeds of the venture or function.

Note 1: For State or Territory electoral purpose, see subsection 287(1).

Note 2: There are restrictions regarding the receipt of certain loans (see section 306A).

(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party’s expenditure group to another core member of the expenditure group is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.

Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).

(4) Each of the following that is credited to a federal account by a financial controller in relation to a significant third party or an associated entity, or by a third party (including a peak representative body), is a gift:

(a) a subscription paid to the significant third party, associated entity or third party by a person or entity in respect of the person or entity’s membership of the significant third party, associated entity or third party;

(b) an amount paid to the significant third party, associated entity or third party by a person or entity in respect of the person or entity’s affiliation with the significant third party, associated entity or third party;

(c) an annual levy paid to the significant third party, associated entity or third party by an elected official or employee of the significant third party, associated entity or third party.

Note: Unless this subsection applies, an amount that is covered by paragraph (3)(b) or (d) is not a gift. These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).

287AB Meaning of electoral expenditure

Dominant purpose of creating or communicating electoral matter

(1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.

Note 1: For example, expenditure incurred in relation to the communication of electoral matter for which particulars are required to be notified under section 321D is electoral expenditure.

Note 2: Expenditure by a person who creates matter that is covered by an exception under subsection 4AA(5) is not electoral expenditure. However, as each creation or communication of matter is treated as separate matter under subsection 4AA(2), expenditure incurred by another person who communicates the same matter for the dominant purpose referred to in subsection 4AA(1) may be electoral expenditure.

Note 3: For deemed electoral expenditure for significant third parties, see section 287J.

Note 4: For electoral expenditure incurred by a group in a Senate election, see section 302ALB.

(2) Expenditure may be electoral expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular electoral matter or electoral matter generally.

Expenditure in relation to an election

(3) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election.

Note: Election means an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

Specific electoral expenditure

(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:

(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how‑to‑vote cards or any other form;

(b) expenditure on the production and distribution of electoral matter;

(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;

(d) expenditure incurred in employing staff engaged in an election campaign;

(e) expenditure incurred for office accommodation for any such staff and candidates;

(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;

(g) expenditure on research associated with an election campaign (other than in‑house research);

(h) expenditure incurred in raising funds for an election;

(i) expenditure of a kind prescribed by the regulations.

Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.

Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

Note 3: A candidate’s staff includes any volunteers.

Expenditure that is not electoral expenditure

(3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.

(3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (the service provider):

(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or

(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.

(4) Despite anything else in this section, none of the following is electoral expenditure:

(a) expenditure that is a gift to which Subdivision AA of Division 3A applies;

(b) a disposition of property made by a member of a registered political party’s expenditure group to another member of the expenditure group;

(c) a disposition of property made by a political party to a political party to which it is related within the meaning of subsection 123(2);

(ca) expenditure to the extent that it is administrative expenditure;

(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;

(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));

(d) expenditure of a kind prescribed by the regulations.

287AC Implied freedom of political communication

This Part does not apply to a person or entity to the extent that any constitutional doctrine of implied freedom of political communication would be infringed if this Part were to apply to the person or entity.

287AD This Part does not have effect of making internal documents of political party enforceable in an Australian court

To avoid doubt, nothing in this Part has the effect of making the constitution, rules, resolutions or other internal documents or decisions (however described) of a political party, in and of themselves, enforceable in an Australian court.

287A Campaign committee to be treated as part of State branch of party

(1) Divisions 4 and 5 apply as if a campaign committee of an endorsed candidate or endorsed group were a division of the relevant State branch of the political party that endorsed the candidate or the members of the group.

(2) In subsection (1):

campaign committee, in relation to a candidate or group, means a body of persons appointed or engaged to form a committee to assist the campaign of the candidate or group in an election.

endorsed candidate means a candidate who is endorsed by a registered political party.

endorsed group means a group all of the members of which are endorsed by the same registered political party.

relevant State branch, in relation to a political party, means:

(a) if the party has 2 or more State branches—the State branch of the party for the State or Territory in which the election is held; and

(b) in any other case—the party.

287C Entities 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:

(i) section 287F (requirement to register as a significant third party) that would otherwise have been committed by an entity that is not a legal person; or

(ii) any other provision of this Part that would otherwise have been committed by a significant third party that is not a legal person;

is taken to have been committed by the financial controller of the entity or significant third party; and

(c) a contravention of a provision of this Part that would otherwise have been committed by an entity (except a political entity or a significant third party) that is not a legal person is taken to have been committed by each member, agent or officer (however described) of the entity who, acting in that person’s actual or apparent authority, engaged in any conduct or made any omission contributing to the contravention.

Note: See also subsection 287(8) (significant third parties and third parties that have branches).

Division 1A—Registration of significant third parties, associated entities and nominated entities, and the Transparency Register

Subdivision A—Simplified outline of this Division

287D Simplified outline of this Division

A significant third party or associated entity must be registered as such under this Division. A person or entity may be liable to a civil penalty if the person or entity incurs electoral expenditure without being appropriately registered.

Certain entities that are incorporated in Australia may be registered as the nominated entity of a registered political party. Any exchanges between a registered political party and an entity registered as the nominated entity of the party are not gifts (see paragraph 287AAB(3)(g)).

Generally, whether a person or entity is a significant third party depends on the amount of electoral expenditure that the person or entity incurs.

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 must deregister a person or entity that is registered as a significant third party, or as an associated entity, in certain circumstances.

The Electoral Commissioner maintains the Transparency Register under this Division.

The Transparency Register contains details reported to the Electoral Commission under this Part, and other public information.

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, and to provide for the Transparency Register, in order to support the transparency of:

(aa) the scheme established by Division 3AB relating to caps on electoral expenditure; and

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

(b) the schemes established by Divisions 4 and 5 relating to the disclosure of donations and annual returns; and

Subdivision B—Requirement to register as a significant third party or associated entity

287F Requirement to register as a significant third party

(1) A person or entity (except a political entity, a member of the House of Representatives or a Senator) must be registered for a calendar year as a significant third party, in accordance with subsection (2), if:

(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during that or any one of the previous 3 calendar years is $250,000 or more; or

(b) the amount of electoral expenditure incurred by or with the authority of the person or entity:

(i) during that calendar year is more than the third party threshold; and

(ii) during the previous calendar year was at least one‑third of the revenue of the person or entity for that year; or

(i) the aggregate of which is more than the third party threshold; and

(ii) that are for the purpose of incurring electoral expenditure or that are to be gifted to another person or entity for the purpose of incurring electoral expenditure.

Note: A person or entity might be taken to have incurred electoral expenditure in a calendar year if the person or entity was required to be registered as a significant third party for a previous calendar year but was not so registered (see section 287J).

(2) The person or entity must be registered before the end of 90 days after becoming required to be registered.

(3) A person or entity that is required to be registered under subsection (1) for a calendar year must not:

(a) incur any, or any further, electoral expenditure; or

(b) fundraise any, or any further, amounts for the purpose of incurring electoral expenditure;

in that calendar year, after becoming required to be so registered, if the person or entity is not registered as a significant third party.

Note: The financial controller of an entity may contravene this subsection if the entity is not a legal person (see section 287C).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of electoral expenditure incurred in contravention of this subsection (if any), or the amount, or an estimate of the amount, fundraised in contravention of this subsection (if any), or both—3 times that amount.

287H Requirement to register as an associated entity

(1) An entity (except a political entity) must be registered for a calendar 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;

(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 90 days after becoming required to be registered.

(3) An entity that is required to be registered under subsection (1) for a calendar year must not incur any electoral expenditure, or fundraise any amounts for the purpose of incurring electoral expenditure, in that calendar year, after becoming required to be so registered, if the entity is not registered as an associated entity.

Note: A member, agent or officer of the entity may contravene this subsection if the entity is not a legal person (see section 287C).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if the court can determine the amount, or an estimate of the amount, of electoral expenditure incurred, or fundraised, in contravention of this subsection—3 times that amount.

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 electoral expenditure in a calendar year (the current calendar year) if:

(a) the person or entity incurred that amount of electoral expenditure in a previous calendar year; and

(b) as a result of incurring that electoral expenditure, the person or entity was required to be registered as a significant third party in the previous calendar year; and

(i) in the previous calendar year; or

(ii) if the person or entity was required to be registered under section 287F and the 90‑day period in which the person was required to be registered ended after the end of the previous calendar year—by the end of that period.

(2) This section ceases to apply, at the end of the current calendar year, in relation to the amount of electoral expenditure if the person or entity is registered as required as a significant third party in the current calendar year.

287K Application for registration

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

(a) a significant third party; 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; and

287L Determining an application for registration

(1) The Electoral Commissioner must, subject to subsections (2), (3) and (4), register a person or entity in accordance with the person or entity’s application under section 287K if the application complies with subsection 287K(2). The Electoral Commissioner must register the person or entity as soon as practicable after receiving the application.

Refusing registration

(2) The Electoral Commissioner must refuse to register a person or entity as a significant third party in accordance with the person or entity’s application under section 287K if the person or entity is not required to be so registered under section 287F.

(3) The Electoral Commissioner must refuse to register an entity as an associated entity in accordance with the entity’s application under section 287K if the entity is not required to be so registered under section 287H.

(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 significant third party 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 “significant third party” or “associated entity”; and

(c) references in that subsection to a “registered party” included references to a “significant third party” or “associated entity”.

Variation of application

(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 significant third party or associated entity.

287LA Deregistration of person or entity as significant third party or associated entity if not required to be registered

Electoral Commissioner may review Transparency Register

(1) The Electoral Commissioner may review the Transparency Register to determine whether:

(a) a person or entity registered as a significant third party under section 287L is required to be registered as a significant third party under section 287F; or

(b) an entity registered as an associated entity under section 287L is required to be registered as an associated entity under section 287H.

(2) The Electoral Commissioner may review the Transparency Register under subsection (1) at any time other than during the period that:

(a) begins on the day a writ for a Senate election or House of Representatives election is issued; and

(b) ends on the day the writ is returned.

Electoral Commissioner may request further information

(3) For the purposes of reviewing the Transparency Register, the Electoral Commissioner may:

(a) give a written notice to the financial controller of a person or entity that is registered as a significant third party under section 287L requesting specified information in relation to the requirements for the person or entity to be registered as a significant third party under section 287F; or

(b) give a written notice to the financial controller of an entity that is registered as an associated entity under section 287L requesting specified information in relation to the requirements for the entity to be registered as an associated entity under section 287H.

(4) The notice must specify a period within which the information must be provided. The period must not be longer than 30 days after the notice is given.

(5) The financial controller must comply with the notice within the specified period. However, the Electoral Commissioner may extend that period.

Note: If a financial controller fails to comply with a notice, an authorised officer can give them a notice under section 314AN (power of authorised officers to obtain information—compliance).

Deregistration

(6) The Electoral Commissioner must deregister a person or entity as a significant third party if:

(a) the person or entity is registered as a significant third party under section 287L and included on the Transparency Register; and

(b) the Electoral Commissioner is satisfied, on reasonable grounds, that the person or entity is not required under section 287F to be registered as a significant third party.

(7) The Electoral Commissioner must deregister an entity as an associated entity if:

(a) the entity is registered as an associated entity under section 287L and included on the Transparency Register; and

(b) the Electoral Commissioner is satisfied, on reasonable grounds, that the entity is not required under section 287H to be registered as an associated entity.

Notice of intended deregistration

(8) Before deregistering a person or entity under subsection (6) or (7), the Electoral Commissioner must give the financial controller of the person or entity written notice of the Electoral Commissioner’s intention to deregister the person or entity.

Review of decisions

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

(a) a decision under this section to deregister a person or entity as a significant third party, or as an associated entity, were a reviewable decision; and

(b) references to a person included references to a significant third party or an associated entity.

287M Applications for deregistration

(1) A person or entity that is registered as a significant third party 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 significant third party or an associated entity if the Commissioner is satisfied that the person or entity no longer meets the requirements for registration as a significant third party or associated entity (as the case requires). Otherwise, the Commissioner must refuse the application.

Review of decisions

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

(a) a decision under this section to refuse to deregister a person or entity in accordance with the person or entity’s application were a reviewable decision; and

(b) references to a person included references to a significant third party or associated entity.

Subdivision BA—Registration as the nominated entity of a registered political party

287MA Application for registration as the nominated entity of a registered political party

(1) A registered political party may apply to the Electoral Commissioner to register an entity (except a political entity) as the nominated entity of the party.

(2) The application must:

(a) be in an approved form; and

(b) without limiting paragraph (a):

(i) state the name of the financial controller nominated for the entity; and

(ii) include the entity’s consent to being registered as the nominated entity of the party, as mentioned in subsection (3); and

(iii) include any other information required by the regulations.

Note: For the nomination of a financial controller for the entity, see section 292E.

Consent to registration

(3) An entity (except a political entity) may give consent in an approved form to being registered as the nominated entity of a registered political party.

287MB Eligibility for registration as the nominated entity of a registered political party

Requirements for registration

(1) An entity is eligible to be registered as the nominated entity of a registered political party if:

(a) the entity is incorporated in Australia; and

(b) the entity has its head office and principal place of activity in Australia; and

(c) the entity operates wholly, or to a significant extent, for the benefit of one or more registered political parties including the registered political party; and

(d) the entity is not a political entity; and

(e) the entity has given consent in accordance with subsection 287MA(3) to being registered as the nominated entity of the party; and

(f) no other entity is registered as the nominated entity of the party; and

(g) the entity is not registered as the nominated entity of any other registered political party.

Note: A registered political party cannot have more than one entity registered as its nominated entity and that entity cannot be registered as the nominated entity of more than one registered political party (see paragraphs (f) and (g)).

Entities that are also associated entities

(2) An entity may be registered both as an associated entity and a nominated entity.

Note: The effect of paragraph (1)(c) of this section and paragraph 287H(1)(b) is that all nominated entities are required to be registered as associated entities.

287MC Decision on application for registration as the nominated entity of a registered political party

Decision on application

(1) If an application is made under section 287MA to register an entity as the nominated entity of a registered political party, the Electoral Commissioner must register the entity accordingly if the application complies with subsection 287MA(2).

(2) Despite subsection (1) of this section, the Commissioner must refuse to register the entity as the nominated entity of the party if the Commissioner is satisfied that:

(a) the entity is not eligible to be so registered (see subsection 287MB(1)); or

(b) the Electoral Commission would be required to refuse registration under subsection 129(1) (except paragraph 129(1)(a)) assuming that:

(i) the entity were applying to be registered as a political party; and

(ii) a reference in subsection 129(1) to “the party” were a reference to the entity; and

(iii) both the registered political party (the applicant party) that made the application under section 287MA and any other political party related to the applicant party were related to the entity; or

(c) the Electoral Commission would be required to refuse registration under subsection 129(3) (except subparagraph 129(3)(a)(ii)) assuming that:

(i) the entity were applying to be registered as a political party; and

(ii) a reference in subsection 129(3) to “the applicant party” or “the applicant party’s” were a reference to the entity.

(3) The Commissioner must make a decision under this section as soon as practicable after receiving the application.

Notice of decision

(4) The Commissioner must, as soon as practicable after making a decision under this section, give written notice of the decision to the party and the entity.

(5) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.

Review of decisions

(6) Section 141 (review of certain decisions) applies in relation to a decision under this section to refuse to register an entity as the nominated entity of a registered political party as if:

(a) the decision were a reviewable decision; and

(b) a reference to a person included a reference to the party and the entity; and

(c) a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and

(d) a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and

(e) a reference to a written notice given under Part XI in relation to a reviewable decision included a reference to a written notice given under this section in relation to a decision to refuse registration.

287MD Cancellation of registration as the nominated entity of a registered political party on application

(1) If an entity is registered under section 287MC as the nominated entity of a registered political party, the entity or the party may apply to the Electoral Commissioner to cancel the registration.

(2) On receiving an application under subsection (1), the Commissioner must cancel the registration of the entity as the nominated entity of the party.

(3) The Commissioner must, as soon as practicable after cancelling the registration, give written notice of the cancellation to both the party and the entity.

(4) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.

287ME Commissioner must cancel registration in certain circumstances

When Commissioner must cancel registration

(1) The Electoral Commissioner must cancel the registration of an entity as the nominated entity of a registered political party if the Commissioner is satisfied that:

(a) the party is no longer a registered political party; or

(b) the entity has ceased to be eligible for such registration under paragraph 287MB(1)(a), (b), (c), or (d); or

(c) the agent of the party, or the financial controller of the entity, have been convicted of an offence under this Part.

Notice of cancellation

(2) The Commissioner must, as soon as practicable after cancelling the registration of an entity as the nominated entity of a registered political party under subsection (1), give written notice of the cancellation to both the entity and the party.

(3) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.

Review of decisions

(4) Section 141 (review of certain decisions) applies in relation to a decision under this section to cancel the registration of an entity as the nominated entity of a registered political party as if:

(a) the decision were a reviewable decision; and

(b) a reference to a person included a reference to the party and the entity; and

(c) a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and

(d) a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and

287MF Transparency Register to determine period of registration as nominated entity

The registration of an entity as the nominated entity of a registered political party:

(a) comes into force when the Electoral Commissioner records the registration in the Transparency Register under section 287N; and

(b) ceases to be in force when the Commissioner removes that record of the registration in the Transparency Register under section 287N.

Subdivision C—Transparency Register

287N Transparency Register

(1) The Electoral Commissioner must establish and maintain a Transparency Register.

Content of Transparency Register

(2) The Transparency Register must include the following information:

(a) the name of:

(i) each person or entity registered as a significant third party under section 287L; and

(ii) each entity registered as an associated entity under section 287L; and

(iia) each entity registered as the nominated entity of a registered political party under section 287MC; and

(iii) each person or entity that has provided a return under section 310F (third party returns) for that or any of the previous 3 calendar years; and

(iv) each political entity;

(b) for significant third parties, associated entities and nominated entities—the name of the financial controller of the person or entity;

(ca) for each nominated entity—the name of the registered political party for which the entity is registered as the nominated entity; and

(d) any determination, notice or return information published under section 320;

(e) any enforceable undertaking published under subsection 384A(2A).

Note: The Transparency Register may include the Register of Political Parties (see section 125).

(3) The Electoral Commissioner must keep the Transparency Register up‑to‑date.

(4) Subsection (3) does not prevent historical data from being included in the Transparency Register.

287P Obligation to notify Electoral Commissioner of changes to information on Transparency Register

(1) A person or entity (except a political entity) whose name is on the Transparency Register must notify the Electoral Commissioner, in an approved form, if information on the Transparency Register relating to the person or entity ceases to be correct or complete.

Note: For who is responsible for notifying the Electoral Commissioner in relation to certain entities that are not legal persons, see section 287C.

(2) The person or entity must notify the Electoral Commissioner under subsection (1) within 90 days of the information ceasing to be correct or complete.

Civil penalty: 60 penalty units.

(3) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.

287Q Transparency Register to be made public etc.

(1) The Transparency Register may be maintained by electronic means.

(2) The Transparency Register is to be made available to the public.

287R Entry in Transparency Register prima facie evidence of information

An entry in the Transparency Register is prima facie evidence of the information contained in the entry.

Division 2—Agents and financial controllers

Subdivision A—Simplified outline of this Division

287V Simplified outline of this Division

Registered political parties, candidates and groups must have an agent. Significant third parties, associated entities and nominated entities must nominate a financial controller.

The Electoral Commissioner keeps a Register of Party Agents. Information about financial controllers for significant third parties, associated entities and nominated entities is kept in the Transparency Register under Division 1A.

The agents are responsible for making claims for election funding under Division 3. The agents and financial controllers are responsible for complying with Divisions 1A and 3A, and providing returns under Divisions 4 and 5.

Subdivision B—Appointment of agents

288 Agents of political parties

(1) A political party shall have an agent for the purposes of this Part.

(2) A political party that carries on activities in 2 or more States or Territories shall also have an agent for the purposes of this Part in respect of each of those States or Territories.

(3) The agent of a political party in respect of a State or Territory in which the party has a State branch shall be appointed by the State branch.

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)).

(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.

291 Register of Party Agents

(1) The Electoral Commission shall keep a register called the Register of Party Agents.

(2) There shall be entered in the Register the name and address of every person appointed to be an agent of a political party for the purposes of this Part.

292 Effect of registration etc.

(1) The appointment of an agent by a political party:

(a) takes effect on the entry of the name and address of the agent in the Register of Party Agents; and

(b) ceases to have effect if the name and address of the agent are removed from the Register.

(2) The name and address of a person shall not be removed from the Register unless:

(a) the person gives to the Electoral Commission written notice that he or she has resigned the appointment as agent;

(b) the political party or State branch that appointed the person gives to the Electoral Commission written notice that the person has ceased to be an agent of the party and also gives notice under subsection 292F(1) of the appointment of another person as agent of the party; or

(3) If a person who is an agent of a political party dies, the party or the State branch by which the person was appointed shall, within 28 days after the death of the person, give to the Electoral Commission:

(a) written notice of the death; and

(b) notice under subsection 292F(1) of the appointment of a person as agent in place of the first‑mentioned person.

(4) Where a person who is an agent of a political party is convicted of an offence against this Part, the party or State branch that appointed the person shall give notice under subsection 292F(1) of a fresh appointment within 28 days after the conviction or, if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.

292A Evidence of appointment

An entry in the Register of Party Agents is, for all purposes, conclusive evidence that the person described in the entry is the agent, for the purposes of this Part, of the political party named in the entry.

292B Responsibility for action when agent of party or branch dead or appointment vacant

Where:

(a) Division 3A, 4 or 5 imposes an obligation on the agent of a political party or of a State branch of the party; and

(b) there is no agent of the party or branch, as the case may be;

the obligation rests upon each member of the executive committee of the party or branch, and this Act applies to each such member as if the obligation rested upon that member alone.

292C Revocation of appointment of agent of candidate or group

(1) 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 candidate or group, as the case may be.

(2) A notice under subsection (1) has no effect unless it is signed by the candidate or by each member of the group, as the case requires.

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.

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.

Subdivision C—Nomination of financial controllers

292E Financial controllers of significant third parties, associated entities and nominated entities

(1) Each significant third party, associated entity and nominated entity must nominate a financial controller.

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

(2) If the significant third party or associated entity is an individual, he or she may nominate himself or herself as the financial controller.

(3) If the significant third party or associated entity is not a legal person, an individual acting on behalf of the significant third party or associated 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

(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 significant third party, associated entity or nominated entity—by the party or entity nominating the financial controller;

(c) the name and full street address and suburb or locality of the 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; or

(b) nominated as a financial controller of a significant third party, associated entity or nominated entity;

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

Division 2A—Use of federal accounts

292FA Use of federal accounts

Obligation in relation to electoral expenditure

(1) A person or entity covered by column 1 of an item in this table must ensure that all electoral expenditure that is incurred:

(a) by the person or entity covered by column 2 of that item; and

(b) during the period (the relevant period) covered by column 3 of that item;

is paid for with money from a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of that item.

Federal accounts
Item	Column 1 Person or entity subject to obligation	Column 2 Person or entity incurring electoral expenditure or receiving gift	Column 3 Relevant period
1	Agent of a candidate in an election	The candidate	The period the candidate is a candidate in the election
2	The agent of a registered political party	The registered political party	The period the party is a registered political party
3	The agent of a State branch of a registered political party	The State branch	The period the State branch is a State branch of the registered political party
4	A person who is a member of the House of Representatives or a Senator	The member or Senator	The period the person is a member of the House of Representatives or a Senator
5	The financial controller in relation to a person or entity that is a significant third party	The significant third party	The period the person or entity is a significant third party
6	The financial controller in relation to an entity that is an associated entity	The associated entity	The period the entity is an associated entity
7	The financial controller in relation to an entity that is a nominated entity	The nominated entity	The period the entity is a nominated entity
8	A person or entity that is a third party	The third party	The period beginning on the day in the calendar year the person or entity becomes a third party and ending at the end of the calendar year

Obligation in relation to gifts

(2) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that each gift of money that satisfies the following requirements is credited, during the relevant period, to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of that item:

(a) the gift is received by the person or entity covered by column 2 of that item in the relevant period;

(b) the gift is made for a federal purpose.

Additional obligation for agents of registered political parties

(3) If, under subsection 299A(1), the Electoral Commission pays an amount under section 298D or 298E by cheque payable to a registered political party, the agent of the party must, before the end of the period of 7 days beginning on the day the agent receives the cheque, ensure that the amount of the cheque is credited to a federal account kept for the purposes of this Part in relation to the party.

Obligation to credit only required or permitted amounts

(4) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that the only amounts that are credited to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of the item are the following:

(a) amounts required to be credited to a federal account kept for the purposes of that person or entity under subsection (2) or (3) of this section or another provision of this Act;

(b) amounts that are:

(i) to be used for a federal purpose; and

(ii) permitted to be credited to a federal account kept for the purposes of that person or entity under section 292FAA, 292FAB, 292FAC, 292FAD or 292FAE or another provision of this Act.

Action in relation to amounts incorrectly credited

(7) If a person or entity covered by column 1 of an item in the table in subsection (1) becomes aware that an amount (the relevant amount) has been credited to a federal account kept for the purposes of this Part, in relation to the person or entity covered by column 2 of that item, in circumstances not permitted by this section, the person or entity covered by column 1 of that item:

(a) must ensure that an amount equal to the relevant amount is withdrawn or transferred from that account; and

(b) must do so before the end of the period of 6 weeks beginning on the day the person or entity becomes so aware.

Civil penalty

(8) A person or entity contravenes this subsection if:

(a) the person or entity is subject to an obligation under this section; and

(b) the person or entity fails to comply with the obligation.

Civil penalty: 200 penalty units.

292FAA Permitted credits to federal account for registered political party, State branch or nominated entity

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2, 3 or 7 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity that is a core member of the same expenditure group as the account beneficiary;

(e) if the account beneficiary is a registered political party or a State branch of a registered political party—an amount paid from another federal account kept for the purposes of this Part in relation to another political party if:

(i) the account beneficiary and the other political party are related to each other within the meaning of paragraph 123(2)(a) because one is a part of the other (while not being a State branch of the other); and

(ii) the one that is a part of the other is a registered political party;

(f) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non‑commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a registered political party, a State branch or a nominated entity if the amount is paid from the federal account of a candidate, a member of the House of Representatives, a Senator, or another registered political party, State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAB Permitted credits to federal account for registered political parties: contributions by candidates and sitting members

(1) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2 or 3 of the table in subsection 292FA(1) if all of the following apply:

(a) the account beneficiary is a registered political party;

(b) the amount is credited to the federal account by a person (the payer) at a time in a calendar year and is an amount of the payer’s own money;

(i) a candidate endorsed by the account beneficiary;

(ii) a member of the House of Representatives, or a Senator, who is a member of the account beneficiary;

(d) if the payer is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the payer’s election campaign in the calendar year.

Note: An amount may only be credited under this section if it is for a federal purpose. The amount will be a gift (see subsection 287AAB(3A)).

(2) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts paid by the payer that are covered by subsection (1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts paid by the payer that are covered by subsection 292FAC(4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the payer.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAC Permitted credits to federal account for candidate, member or Senator

General

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity, if both the other person or entity and the account beneficiary are core members of the same expenditure group;

(e) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non‑commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a candidate, a member of the House of Representatives or a Senator if the amount is paid from the federal account of another candidate, member of the House of Representatives or Senator, or a registered political party, a State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by independent candidates and members

(2) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary’s own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is not endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is not a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary’s election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(3) However, the sum of amounts that are covered by subsection (2) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by other candidates and sitting members

(4) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary’s own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is a member of a registered political party;

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(5) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts that are covered by subsection (4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts that are covered by subsection 292FAB(1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to:

(i) the registered political party that endorsed the account beneficiary; or

(ii) the registered political party that the account beneficiary is a member of.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAD Permitted credits to federal account for significant third party, associated entity or third party

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(d) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non‑commercial loan can be credited to a federal account.

Note 2: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc.

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) a subscription paid in respect of the payer’s membership of the account beneficiary;

(b) an amount paid in respect of the payer’s affiliation with the account beneficiary;

(c) if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.

Note: Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

(2) However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:

(a) if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or

(b) otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

292FB Kinds of federal accounts to be used

A person or entity covered by column 1 of an item in the table in subsection 292FA(1) must ensure that the federal account referred to in subsection 292FA(1) or (2) in relation to the person or entity covered by column 2 of that item is:

(a) for the agent of a candidate in an election:

(i) a federal account that is kept for the purposes of this Part in relation to a registered political party; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the candidate; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(b) for the agent of a registered political party:

(i) a federal account that was in existence immediately before the commencement of this section and was kept for the purposes of this Part in relation to the party; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the party; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(i) a federal account that was in existence immediately before the commencement of this section and was kept for the purposes of this Part in relation to the State branch; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the State branch; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(d) for a person who is a member of the House of Representatives or a Senator:

(i) a federal account that is kept for the purposes of this Part in relation to a registered political party; or

(ii) a federal account that was kept for the purposes of this Part while the person was a candidate in an election that resulted in the person becoming a member of the House of Representatives or a Senator; or

(iii) a new federal account that is opened for the purposes of this Part in relation to the member or Senator; or

(iv) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(e) for the financial controller in relation to a person or entity that is a significant third party:

(i) a federal account that was in existence immediately before the commencement of this section and was kept for the purposes of this Part in relation to the significant third party; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the significant third party; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(f) for the financial controller in relation to an entity that is an associated entity:

(i) a federal account that was in existence immediately before the commencement of this section and was kept for the purposes of this Part in relation to the associated entity; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the associated entity; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(g) for the financial controller in relation to an entity that is a nominated entity:

(i) a federal account that was in existence immediately before the commencement of this section and was kept for the purposes of this Part in relation to the entity in the entity’s capacity as an associated entity; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the nominated entity; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied; or

(h) for a person or entity that is a third party:

(i) a federal account that was in existence immediately before the commencement of this section and was kept for the purposes of this Part in relation to the third party; or

(ii) a new federal account that is opened for the purposes of this Part in relation to the third party; or

(iii) a federal account in relation to which the matters prescribed by the regulations for the purposes of this subparagraph are satisfied.

Civil penalty: 200 penalty units.

292FC Notification of federal accounts used

(1) A person or entity covered by column 1 of an item in the table in subsection 292FA(1) must, in accordance with this section, give the Electoral Commission a notice in writing during the period beginning on the day (the start day) after the earlier of the following days and ending at the end of the seventh day after the start day:

(a) the first day on which expenditure that is incurred by the person or entity covered by column 2 of that item is paid for with money from a federal account;

(b) the first day on which a gift of money received by the person or entity covered by column 2 of that item is credited to a federal account.

Civil penalty: 200 penalty units.

(2) The notice must:

(a) set out details of that federal account; and

(b) if the federal account is opened on or after the day on which this section commences and has a balance of at least $20,000 on the day before the notice is given—include a statement to that effect.

Investigation

(3) If a notice under this section includes a statement as mentioned in paragraph (2)(b) in relation to a federal account, one or more authorised officers (within the meaning of Division 5C) must conduct an investigation in relation to that federal account.

Note: See section 314AN for the powers available to an authorised officer conducting the investigation.

Division 3—Election funding

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 funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election. Election funding of $10,000 (as indexed) is paid as soon as practicable after 20 days after the polling day for the election or elections. However, a claim must be made for election funding of more than that amount 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, for an amount of election funding that is more than $10,000 (as indexed), the amount is capped at the amount of actual expenditure incurred by the candidate or the registered political party endorsing the candidate.

The regulations may also provide for an amount to be paid as an advance on election funding that may become payable in respect of a future election. Any such advance can only be paid to a registered political party, or candidate, entitled to election funding in the most recently held election. If an advance exceeds the election funding that ultimately becomes payable, the excess becomes a debt to the Commonwealth.

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 votes given for the members of the group is at least 4% of the total number of formal first preference votes cast in the election.

Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).

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

(a) the total of the following amounts for each candidate who satisfies paragraph (1)(a) and each group that satisfies paragraph (1)(b):

(i) the amount worked out by multiplying $5 by the number of formal first preference votes given for the candidate in the election, based on formal first preference votes counted as at the day mentioned in subsection (3);

(ii) if a group is a single‑party endorsed group—the group amount for the group;

(iii) if a group is a jointly endorsed group—the percentage of the group amount for the group that is specified in an agreement made in accordance with subsection (4), or if there is no such agreement, that is determined for the party by the Electoral Commissioner; or

(b) if the amount worked out under paragraph (a) is more than $10,000—the lesser of:

(i) the amount worked out under that paragraph; and

(ii) the amount of electoral expenditure that is claimed in respect of the registered political party for all elections held that day, and accepted by the Electoral Commission under section 298C.

Note: The dollar amounts specified in subparagraph (2)(a)(i) and paragraph (b) are indexed under section 321.

(3) The amount worked out under paragraph (2)(a) is based on formal first preference votes counted as at the day:

(a) if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the election or elections; or

(b) if the amount is to be paid under Subdivision C—a determination on the party’s interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.

(4) An agreement made for the purposes of subparagraph (2)(a)(iii) must:

(a) be signed by the agents of each of the parties endorsing candidates in the jointly endorsed group; and

(b) specify percentages for each of those parties that together do not exceed 100%; and

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 election funding of more than $10,000 to be paid (see section 297).

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

(a) the amount worked out by multiplying $5 by the number of formal first preference votes given for the candidate in the election, based on formal first preference votes counted as at the day mentioned in subsection (3); or

(b) if the amount worked out under paragraph (a) is more than $10,000—the lesser of:

(i) the amount worked out under paragraph (a); and

(ii) the amount of electoral expenditure that is claimed in respect of the candidate for the election, and accepted by the Electoral Commission under section 298C.

Note: The dollar amounts specified in paragraphs (2)(a) and (b) are indexed under section 321.

(3) The amount worked out under paragraph (2)(a) is based on formal first preference votes counted as at the day:

(a) if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the election; or

(b) if the amount is to be paid under Subdivision C—a determination on the candidate’s interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.

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 votes given for candidates in the group 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 election funding of more than $10,000 to be paid (see section 297).

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

(a) the amount worked out by multiplying $5 by the number of formal first preference votes given for candidates in the group in the Senate election, based on formal first preference votes counted as at the day mentioned in subsection (3); or

(b) if the amount worked out under paragraph (a) is more than $10,000—the lesser of:

(i) the amount worked out under paragraph (a); and

(ii) the amount of electoral expenditure that is claimed in respect of the group for the Senate election, and accepted by the Electoral Commission under section 298C.

Note: The dollar amounts specified in paragraphs (2)(a) and (b) are indexed under section 321.

(3) The amount worked out under paragraph (2)(a) is based on formal first preference votes counted as at the day:

(a) if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the Senate election; or

(b) if the amount is to be paid under Subdivision C—a determination on the group’s interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.

Subdivision BA—Automatic payment of election funding of $10,000

296 Automatic payment of election funding of $10,000

(1) As soon as practicable after 20 days after the polling day for an election or elections, the Electoral Commission must pay $10,000 in relation to:

(a) each registered political party that is entitled to claim, and wishes to receive, an amount under subsection 293(2) (but subject to subsection (1A)); or

(b) each candidate that is entitled to claim, and wishes to receive, an amount under subsection 294(2); or

(1A) If:

(a) 2 or more registered political parties referred to in paragraph (1)(a) endorsed candidates in a jointly endorsed group; and

(b) each of the parties is only entitled to claim an amount under subparagraph 293(2)(a)(iii);

the amount paid in relation to each party under subsection (1) is the amount equal to the percentage, referred to in that subparagraph for the party, of $10,000.

(2) The amount must be paid to:

(a) for a registered political party:

(i) that is a State branch of a federal party; and

(ii) that the agent of the federal party has agreed may receive the amount;

the agent of the State branch; or

(b) for a registered political party:

(i) that is a State branch of a federal party; and

(ii) that the agent of the federal party has not agreed may receive the amount;

the agent of the federal party; or

(d) for a candidate or group—the agent of the candidate or group.

Subdivision C—Claims for election funding of more than $10,000

297 Need for a claim for election funding of more than $10,000

(1) For election funding of more than $10,000 to be paid, a claim must be made by:

(a) for a registered political party:

(i) that is a State branch of a federal party; and

(ii) that the agent of the federal party has agreed may receive the election funding;

the agent of the State branch; or

(aa) for a registered political party:

(i) that is a State branch of a federal party; and

(ii) that the agent of the federal party has not agreed may receive the election funding;

the agent of the federal party; or

(ab) for any other registered political party—the agent of the registered political party; or

(b) the agent of a candidate or group.

Note: The amount of $10,000 is indexed under section 321.

(2) The agent may make:

(a) an interim claim; or

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

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

(3) A final claim must specify all electoral expenditure for which election funding is sought, even if:

(a) some of the election funding sought has already been paid under Subdivision BA; or

(b) 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 (although a claim may be varied under section 298BA).

298 Electoral expenditure incurred

(1) A claim made by the agent of a registered political party must specify, in relation to all elections held on the same day, electoral expenditure covered by subsection (1A) for which election funding is sought.

(1A) The electoral expenditure must have been incurred, in relation to the elections, by:

(a) for a claim made by the agent of a registered political party under paragraph 297(1)(a) or (ab):

(i) the party; or

(ii) a candidate endorsed by the party; or

(b) for a claim made by the agent of a federal party under paragraph 297(1)(aa) in relation to a State branch of the federal party:

(i) the State branch; or

(ii) a candidate endorsed by the State branch or by the federal party; or

(iii) the federal party.

(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 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

(ca) except if the claim is made by the agent of a registered political party—specify the federal account in which the election funding is to be paid; and

(d) if the election funding is to be paid to more than one person—specify the percentages in which the election funding is to be paid to each person; and

(e) provide all the information, and be accompanied by any documents, required by the form.

Note: See section 299A if the amount is payable to the agent of a registered political party.

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.

298BA Varying a claim

(1) If an interim claim or a final claim has not been determined by the Electoral Commission, the agent specified in subsection 297(1) who made the claim may vary the claim.

(2) To avoid doubt, a claim may be varied after the period mentioned in paragraph 298B(1)(b).

(3) The varied interim claim or varied final claim must be in the approved form.

(4) For the purposes of this Act, the Electoral Commission is taken to have received the interim claim or final claim (as the case requires) at the time the claim is varied.

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

(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

(c) if the interim claim is accepted only in part—the interim 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 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) Within 20 days of the Electoral Commission receiving the claim, the Electoral Commission must pay 95% of the amount:

(a) payable in relation to the party, candidate or group under subsection 293(2), 294(2) or 295(2); and

(b) reduced by any amount that has been paid in relation to the party, candidate or group in accordance with section 296.

The amount must be paid in accordance with paragraphs 298A(c) to (d).

Note 1: Section 298A deals with matters to be specified in a claim, including (except if the claim is made by the agent of a registered political party) the federal account in which the election funding is to be paid.

Note 2: See also section 299A if the amount is payable to the agent of a registered political party.

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) Within 20 days of the Electoral Commission receiving the claim, the Electoral Commission must pay the amount:

(a) payable in relation to the party, candidate or group under subsection 293(2), 294(2) or 295(2); and

(b) reduced by any amount that has been paid in relation to the party, candidate or group in accordance with section 296 or 298D.

The amount must be paid in accordance with paragraphs 298A(c) to (d).

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.

(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) and (6) 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 CA—Advance payment of election funding

298J Advance payment of election funding

(1) The regulations may provide for an amount to be paid, after a qualifying election is held, as an advance on election funding that may become payable (a future entitlement):

(a) under section 293 in relation to a registered political party for an election to be held in the future; or

(b) under section 294 in relation to a candidate in an election to be held in the future.

(2) Either of the following is a qualifying election:

(a) a general election;

(b) a Senate election for all States and Territories.

(3) The regulations must not provide for an amount to be paid as an advance on a future entitlement under section 293 in relation to a registered political party unless:

(a) an amount was payable to the registered political party under section 293 for the qualifying election and the advance amount does not exceed that amount; and

(b) a claim is made in respect of the registered political party in accordance with the regulations.

(4) The regulations must not provide for an amount to be paid in advance of a future entitlement under section 294 in relation to a candidate unless:

(a) either:

(i) an amount was payable to the candidate under section 294 as a candidate in the qualifying election and the advance amount does not exceed that amount; or

(ii) an amount was payable to a group in the qualifying election under section 295, the candidate was a member of the group and the advance amount does not exceed the amount determined under subsection (5); and

(b) a claim is made in respect of the candidate in accordance with the regulations.

(5) For the purposes of subparagraph (4)(b)(ii), the amount is the lower of:

(a) the amount payable to the group in the qualifying election as mentioned in the subparagraph; and

(b) the proportion of that amount prescribed by or worked out in accordance with the regulations.

(6) The regulations must not provide for more than one amount to be paid as an advance on any particular future entitlement. This does not prevent the regulations providing for an amount to be paid in instalments.

(7) If an amount paid as an advance on a future entitlement exceeds the future entitlement, the regulations (together with this Division) must have the effect that the excess may be recovered by the Commonwealth as a debt due to the Commonwealth by action against the recipient in a court of competent jurisdiction.

(8) The regulations must require the Electoral Commissioner to publish determinations made by the Electoral Commissioner of claims for advance amounts.

(9) The regulations may make provision for any or all of the following matters:

(a) the making of claims for advance amounts;

(b) the amount, or methods to work out the amount, of advance amounts;

(d) how recipients are to deal with advance amounts;

(e) the reduction of amounts to be paid in respect of any future entitlement in recognition of an amount having been paid as an advance on the entitlement;

(f) reporting obligations in relation to advance amounts;

(g) any other matters necessary or convenient to be prescribed for carrying out or giving effect to advance amounts provided for in accordance with subsection (1).

(10) For the purposes of sections 299 (recovery of amounts that are not payable) and 302 (appropriation) and Division 6 (miscellaneous):

(a) an advance amount paid under regulations made for the purposes of this section is a payment made under this Division; and

(b) a claim made in accordance with regulations made for the purposes of this section is a claim under this Part.

(11) The references in section 314AN (power of authorised officers to obtain information—compliance) to this Part include references to regulations made for the purposes of this Part.

Subdivision D—Payments of election funding

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.

299A Method of making payments

Payment by direct credit or by cheque

(1) If the Electoral Commission is required to pay an amount under section 298D or 298E to the agent of a party, the Electoral Commission must pay the amount:

(a) if the party has nominated a bank account for the purposes of this section—to the credit of that account; or

(b) otherwise—by cheque payable to the party.

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)).

Nominated bank account

(2) A bank account nominated by a party for the purposes of this section must satisfy the following conditions:

(a) the account must be maintained by the party;

(b) the account must be a federal account kept for the purposes of this Part;

(d) the account name must consist of, or include:

(i) if the account is maintained by a registered political party—the name of the party as it appears in the Register of Political Parties; or

(ii) if the account is held by a State branch of a political party, and the branch is not a registered political party—the name of the State branch.

Name on cheque

(3) For the purposes of this section, a cheque is taken not to be payable to a party unless:

(a) if the party is a registered political party—the cheque is made out:

(i) if a determination under subsection (4) is in force in relation to the name of the party—in the special abbreviation of the name of the party; or

(ii) otherwise—in the name of the party, being the name as it appears in the Register of Political Parties; or

(b) if the party is a State branch of a political party, and the branch is not a registered political party—the cheque is made out:

(i) if a determination under subsection (4) is in force in relation to the name of the State branch—in the special abbreviation of the name of the State branch; or

(ii) otherwise—in the name of the State branch.

Abbreviation of party names

(4) The Electoral Commission may, by notice published in the Gazette, determine that a specified abbreviation of the name of a party is a special abbreviation of the name of the party for the purposes of this section.

(5) The Electoral Commission must publish a copy of a notice under subsection (4) on the internet.

(6) Before making a determination under subsection (4) in relation to a party, the Electoral Commission must consult the party.

(7) To avoid doubt, if a cheque under this section is made out in the special abbreviation of the name of a party, the cheque is as valid as it would have been if it had been made out in the name of the party.

Dispatch of cheques

(8) To avoid doubt, if a cheque under this section is payable to a party, this section does not prevent the Electoral Commission from dispatching the cheque to the agent of the party.

Definitions

(9) In this section:

bank means a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.

party means a registered political party or a State branch of a registered political party.

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;

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.

302 Appropriation

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

Division 3AA—Administrative assistance funding

Subdivision A—Simplified outline of this Division

302AA Simplified outline of this Division

Administrative assistance funding may be payable to a registered political party or an independent member for quarters in a calendar year.

The amount of the funding for a registered political party for a quarter is $7,500 for each member of the party who was a member of the House of Representatives, and $3,750 for each member of the party who was a Senator, for the whole of the immediately preceding quarter.

The amount of the funding for a person who is an independent member for a quarter is $7,500 if the person was a member of the House of Representatives, and $3,750 if the person was a Senator, for the whole of the immediately preceding quarter.

In some circumstances, the amount of the funding is worked out on a pro‑rata basis.

The dollar amounts of funding are indexed each 1 July.

Subdivision B—Entitlement to administrative assistance funding

302AB Administrative assistance funding for registered political parties

Entitlement to funding

(1) A registered political party is entitled to administrative assistance funding for a quarter if:

(a) the registered political party was registered under Part XI for the whole or a part of the immediately preceding quarter; and

(b) at least one member of the political party was a member of the House of Representatives or a Senator for the whole or a part of the immediately preceding quarter.

Amount of funding

(2) The amount of administrative assistance funding the registered political party is entitled to for a quarter is the sum of the following amounts:

(a) for each person in respect of whom all of the days in the immediately preceding quarter are House of Representatives qualifying days for the person and the party—$7,500;

(b) for each person in respect of whom all of the days in the immediately preceding quarter are Senate qualifying days for the person and the party—$3,750;

(c) for each person in respect of whom some, but not all, of the days in the immediately preceding quarter are House of Representatives qualifying days for the person and the party—the amount worked out by:

(i) multiplying $7,500 by the number of days in the immediately preceding quarter that were House of Representatives qualifying days for the person and the party; and

(ii) then dividing the result by the number of days in the immediately preceding quarter;

(d) for each person in respect of whom some, but not all, of the days in the immediately preceding quarter are Senate qualifying days for the person and the party—the amount worked out by:

(i) multiplying $3,750 by the number of days in the immediately preceding quarter that were Senate qualifying days for the person and the party; and

(ii) then dividing the result by the number of days in the immediately preceding quarter.

Note: The dollar amounts specified are indexed each 1 July under section 321AC.

(3) The amount worked out under subsection (2) is to be rounded to the nearest whole dollar (rounding 50 cents upwards).

Qualifying days

(4) A day in a quarter is a House of Representatives qualifying day for a person and a registered political party if all of the following apply on that day:

(a) the party was a registered political party;

(b) the person was a member of the party;

(5) A day in a quarter is a Senate qualifying day for a person and a registered political party if all of the following apply on that day:

(a) the party was a registered political party;

(b) the person was a member of the party;

Application of this section to State branches of federal parties and to federal parties

(6) A registered political party that is a State branch of a federal party is not entitled to administrative assistance funding under this section. However, if a member of that State branch:

(a) is a member of the House of Representatives or a Senator; and

(b) is not a member of the federal party;

then that member of that State branch is taken to be a member of the federal party for the purposes of this Division.

Example: Josh is a Senator and a member only of the Quokka Party (NSW), which is a State branch of the Federal Quokka Party. Both parties are registered political parties.

The Federal Quokka Party is entitled to administrative assistance funding in respect of Josh, but the Quokka Party (NSW) is not entitled to administrative assistance funding.

Multiple party memberships

(7) If an individual is a member of more than one registered political party, then, for the purposes of subsection (1):

(a) only the party nominated by the member may rely on the individual as a member; and

(b) no party may rely on the individual as a member if, after the Electoral Commission has given the individual at least 30 days to do so, the individual has not nominated a party.

302AC Administrative assistance funding for independent members

Entitlement to funding

(1) An individual is entitled to administrative assistance funding for a quarter if the individual was an independent member for the whole or a part of the immediately preceding quarter.

Amount of funding

(2) The amount of administrative assistance funding the individual is entitled to for a quarter is the following amount:

(a) if the individual was an independent member because of being a member of the House of Representatives for the whole of the immediately preceding quarter—$7,500;

(b) if the individual was an independent member because of being a Senator for the whole of the immediately preceding quarter—$3,750;

(c) if the individual was an independent member because of being a member of the House of Representative for some, but not all, of the days in the immediately preceding quarter—the amount worked out by:

(i) multiplying $7,500 by the number of days in the immediately preceding quarter in which the individual was an independent member and a member of the House of Representatives; and

(ii) then dividing the result by the number of days in the immediately preceding quarter;

(d) if the individual was an independent member because of being a Senator for some, but not all, of the days in the immediately preceding quarter—the amount worked out by:

(i) multiplying $3,750 by the number of days in the immediately preceding quarter in which the individual was an independent member and a Senator; and

(ii) then dividing the result by the number of days in the immediately preceding quarter.

Note: The dollar amounts specified are indexed each 1 July under section 321AC.

(3) The amount worked out under subsection (2) is to be rounded to the nearest whole dollar (rounding 50 cents upwards).

302AD Period a person is a member of the House of Representatives or a Senator

For the purposes of this Division, a person is a member of the House of Representatives or a Senator for the period the person is to be paid remuneration, as a member of the House of Representatives or a Senator, in accordance with sections 14 and 49 of the Parliamentary Business Resources Act 2017.

Subdivision C—Payment and spending of administrative assistance funding

302AE Payment of administrative assistance funding to registered political party

(1) If a registered political party is entitled to administrative assistance funding under section 302AB for a quarter, the Electoral Commission must pay the amount of the funding to the registered political party before the end of the seventh day in that quarter. This subsection is subject to subsections (5) and (10).

(2) The Electoral Commission must pay the amount to the credit of an account nominated by the registered political party for the purposes of this section.

(3) The account must be:

(a) maintained by the registered political party; and

(b) with an ADI within the meaning of the Banking Act 1959; and

(3A) The account may be a federal administrative account.

(4) The account must not be a federal account kept for the purposes of this Part.

Payment to parliamentarians if political party no longer registered

(5) If:

(a) at the time the Electoral Commission proposes to pay the amount referred to in subsection (1), the political party is no longer a registered political party; and

(b) at that time, at least one individual covered by paragraph 302AB(1)(b) in respect of whom the entitlement referred to in subsection (1) of this section arose is a member of the House of Representatives or a Senator;

then the Electoral Commission must:

(d) if paragraph (b) applies to more than one individual—pay that amount in equal shares to those individuals.

(6) An amount paid to an individual under subsection (5) is taken to be an amount of administrative assistance funding paid to the individual.

Method of payment

(7) The Electoral Commission must pay an amount to an individual under subsection (5) to the credit of an account nominated by the individual for the purposes of this section.

(8) The account must be:

(a) maintained by the individual; and

(b) with an ADI within the meaning of the Banking Act 1959; and

(8A) The account may be a federal administrative account.

(9) The account must not be a federal account kept for the purposes of this Part.

Circumstances in which no payment is made

(10) If:

(a) at the time the Electoral Commission proposes to pay the amount referred to in subsection (1), the political party is no longer a registered political party; and

(b) at that time, none of the individuals covered by paragraph 302AB(1)(b) in respect of whom the entitlement referred to in subsection (1) of this section arose is a member of the House of Representatives or a Senator;

then the Electoral Commission must not pay that amount to any person.

302AF Payment of administrative assistance funding to independent member

(1) If an individual is entitled to administrative assistance funding under section 302AC for a quarter, the Electoral Commission must pay the amount of the funding to the individual before the end of the seventh day in that quarter (whether or not the individual is still an independent member).

Method of payment

(2) The Electoral Commission must pay the amount to the credit of an account nominated by the individual for the purposes of this section.

(3) The account must be:

(a) maintained by the individual; and

(b) with an ADI within the meaning of the Banking Act 1959; and

(3A) The account may be a federal administrative account.

(4) The account must not be a federal account kept for the purposes of this Part.

302AG Spending of administrative assistance funding

Registered political parties

(1) Subject to subsections (2) and (3), if a political party that is a registered political party is paid administrative assistance funding under this Division in a calendar year, the following person must ensure that the funding is used only to incur administrative expenditure:

(a) the agent of that party while that party is a registered political party;

(b) if that party ceases to be a registered political party after that administrative assistance funding is paid—the person (the former agent) who was the agent of that party immediately before that party so ceased.

Civil penalty: 200 penalty units.

(2) If:

(a) paragraph (1)(b) applies in relation to the former agent of a political party; and

(b) the Electoral Commission notifies the former agent, in writing, that it is satisfied that the total amount of administrative assistance funding that was payable to that political party in that calendar year does not exceed the total amount of administrative expenditure incurred by that party in that year;

then subsection (1) ceases to apply in relation to the former agent and that funding after the former agent receives that notification.

(3) If the former agent receives a notification under subsection (2), the former agent must ensure that, after receiving that notification, the administrative assistance funding paid under this Division to that political party in that calendar year is not used to incur expenditure of a kind covered by paragraph 287AAA(2)(a), (b), (c) or (d).

Civil penalty: 200 penalty units.

Individuals

(4) Subject to subsections (5) and (6), if an individual is paid administrative assistance funding under this Division in a calendar year, the individual must ensure that the funding is used only to incur administrative expenditure.

Civil penalty: 200 penalty units.

(5) If:

(a) that individual is not an independent member; and

(b) the Electoral Commission notifies that individual, in writing, that it is satisfied that the total amount of administrative assistance funding that was payable to that individual in that calendar year does not exceed the total amount of administrative expenditure incurred by that individual in that year;

then subsection (4) ceases to apply in relation to that individual and that funding after that individual receives that notification.

(6) If that individual receives a notification under subsection (5), that individual must ensure that, after receiving that notification, the administrative assistance funding paid under this Division to that individual in that calendar year is not used to incur expenditure of a kind covered by paragraph 287AAA(2)(a), (b), (c) or (d).

Civil penalty: 200 penalty units.

Subdivision D—Recovery of amounts

302AH Recovery of amounts that are not payable

(1) If:

(a) a registered political party or an individual is paid an amount of administrative assistance funding under this Division; and

(b) the whole or a part of the amount paid was not payable to that party or individual;

the Electoral Commission may set off an amount equal to the amount that was not payable against one or more payments the Electoral Commission must make under this Division to that party or individual.

(2) If the Electoral Commission is not able to do so, the amount the Electoral Commission is not able to set off is a debt due to the Commonwealth and may be recovered by the Commonwealth by action in a court of competent jurisdiction.

302AI Recovery of amounts where administrative expenditure incurred less than administrative assistance funding

Registered political parties

(1) If:

(a) a registered political party is paid administrative assistance funding under this Division for one or more quarters in a calendar year; and

(b) the Electoral Commission is satisfied that the total amount of administrative assistance funding that was payable to the party for those one or more quarters exceeds the total amount of administrative expenditure incurred by the party in that year;

the Electoral Commission may set off an amount equal to the excess against one or more payments the Electoral Commission must make under this Division to the party.

Individuals

(3) If:

(a) an individual is paid administrative assistance funding under this Division for one or more quarters in a calendar year; and

(b) the Electoral Commission is satisfied that the total amount of administrative assistance funding that was payable to the individual for those one or more quarters exceeds the total amount of administrative expenditure incurred by the individual in that year;

the Electoral Commission may set off an amount equal to the excess against one or more payments the Electoral Commission must make under this Division to the individual.

(4) If the Electoral Commission is not able to do so, the amount the Electoral Commission is not able to set off is a debt due to the Commonwealth and may be recovered by the Commonwealth by action in a court of competent jurisdiction.

302AJ Recovery of amounts where failure to provide information about administrative expenditure

Registered political parties

(1) If:

(a) a registered political party is paid administrative assistance funding under this Division for one or more quarters in a calendar year; and

(b) in relation to a return given under section 310 in relation to that party and that calendar year, the Electoral Commission reasonably believes that information of a kind covered by paragraph 310(3)(g) that is included in that return is not correct;

the Electoral Commission may, by notice in writing given to the auditor who completed the certificate that accompanied the return, request the auditor to provide specified information to the Electoral Commission before the end of the period of 14 days beginning on the day the notice is given.

(2) If the auditor does not comply with the request under subsection (1), the Electoral Commission may, by notice in writing given to the agent of the registered political party, request the agent to provide specified information to the Electoral Commission before the end of the period of 14 days beginning on the day the notice is given.

(3) If the agent of the registered political party does not comply with the request under subsection (2), the Electoral Commission may set off an amount equal to the total amount of administrative assistance funding paid to that party during the calendar year covered by paragraph (1)(a) against one or more payments the Electoral Commission must make under this Division to that party.

Individuals

(5) If:

(a) an individual is paid administrative assistance funding under this Division for one or more quarters in a calendar year; and

(b) in relation to a return given under section 310B in relation to that individual and that calendar year, the Electoral Commission reasonably believes that information of a kind covered by paragraph 310B(3)(c) that is included in that return is not correct;

(6) If the auditor does not comply with the request under subsection (5), the Electoral Commission may, by notice in writing given to the individual, request the individual to provide specified information to the Electoral Commission before the end of the period of 14 days beginning on the day the notice is given.

(7) If the individual does not comply with the request under subsection (6), the Electoral Commission may set off an amount equal to the total amount of administrative assistance funding paid to that individual during the calendar year covered by paragraph (5)(a) against one or more payments the Electoral Commission must make under this Division to that individual.

(8) If the Electoral Commission is not able to do so, the amount the Electoral Commission is not able to set off is a debt due to the Commonwealth and may be recovered by the Commonwealth by action in a court of competent jurisdiction.

Division 3AB—Requirements relating to electoral expenditure

Subdivision A—Preliminary

302AKA Simplified outline of this Division

This Division deals with electoral expenditure incurred by the following persons and entities:

(a) registered political parties and State branches of registered political parties;

(b) candidates;

(d) Senators;

(e) significant third parties;

(f) associated entities;

(g) nominated entities;

(h) third parties.

They are all subject to caps on how much electoral expenditure they can incur in a calendar year. There are also separate caps on how much electoral expenditure they can incur for the purposes of a by‑election in a Division or a Senate‑only election in a State or Territory.

302AKB Objects of this Division

(1) The objects of this Division are as follows:

(a) to prevent Australian elections from being unfairly skewed by organisations or individuals with large amounts of money;

(b) to promote equal opportunity for all individuals and other entities to participate in political debate.

(2) This Division aims to achieve these objects by:

(a) limiting the amount of electoral expenditure that can be incurred each calendar year, both federally and in relation to Divisions, States and Territories; and

(b) limiting the amount of electoral expenditure that can be incurred for the purposes of a by‑election or a Senate‑only election.

Subdivision B—Interpretation

302ALA Definitions

In this Division:

acceptable expenditure action: see section 302ALE.

by‑election cap, for a by‑election, is 120% of the Divisional cap that applies on the day the writ for the by‑election is issued.

Note 1: The by‑election cap applies separately to each by‑election.

Note 2: The Divisional cap is indexed under section 321AB.

by‑election period, for a by‑election, means the period:

(a) beginning on the day the writs for the by‑election are issued; and

(b) ending on the polling day for the by‑election.

capped entity by‑election cap, for a by‑election, means 120% of the capped entity Divisional cap that applies on the day the writ for the by‑election is issued.

capped entity cap means $11,250,000.

Note: This amount is indexed under section 321AB.

capped entity Divisional cap means $100,000.

Note: This amount is indexed under section 321AB.

capped entity Senate base amount means $25,000.

Note: This amount is indexed under section 321AB.

capped entity Senate cap, for a State or Territory, means the capped entity Senate base amount multiplied by the number of Divisions in the State or Territory.

capped entity Senate‑only election cap, for a Senate‑only election in a State or Territory, is 120% of the capped entity Senate cap for the State or Territory.

capped expenditure entity means:

(a) a significant third party; or

(b) an associated entity; or

Divisional cap means $800,000.

Note: This amount is indexed under section 321AB.

expenditure covered by the by‑election or Senate‑only election caps: see section 302ALD.

express coverage matter: see subsection 302ALC(3).

Federal cap means $90 million.

Note: This amount is indexed under section 321AB.

Independent House candidate or member means:

(a) a candidate for election to the House of Representatives, for a Division, at any time while the candidate is not endorsed by a registered political party; or

(b) a member of the House of Representatives, for a Division, at any time while the member is not a member of a registered political party.

Note: A person who was not endorsed by a registered political party when elected, but who later becomes a member of a registered political party, ceases to be an Independent House candidate or member and instead becomes a member of a registered political party’s expenditure group.

Independent House of Representatives by‑election cap, for a by‑election, means 120% of the Divisional cap that applies on the day the writ for the by‑election is issued.

Independent House of Representatives cap means the Divisional cap.

Independent Senate candidate or Senator means:

(a) a candidate for election to the Senate, for a State or Territory, at any time while the candidate is not endorsed by a registered political party; or

(b) a Senator, for a State or Territory, at any time while the Senator is not a member of a registered political party.

Note: A person who was not endorsed by a registered political party when elected, but who later becomes a member of a registered political party, ceases to be an Independent Senate candidate or Senator and instead becomes a member of a registered political party’s expenditure group.

Independent Senate cap, for a State or Territory, means the amount worked out by:

(a) multiplying the Senate base amount by the number of Divisions in the State or Territory; and

(b) dividing the result of paragraph (a) by:

(i) for a State—6; or

(ii) for a Territory—2.

liable person, for a member of a registered political party’s expenditure group, means:

(a) for a registered political party other than a State branch—the registered officer of the party; or

(b) for a State branch of a registered political party—whichever of the following applies:

(i) if the State branch is a registered political party—the registered officer of the State branch;

(ii) otherwise—the agent of the State branch; or

(d) for a candidate:

(i) if the candidate is endorsed by a registered political party—the registered officer of the registered political party; or

(ii) otherwise—the agent of the candidate; or

(e) for a member of the House of Representatives or a Senator—whichever of the following applies:

(i) if the member or Senator is a member of a registered political party—the registered officer of the registered political party;

(ii) otherwise—the member or Senator; or

(f) for a nominated entity—the financial controller of the nominated entity.

Senate base amount means $200,000.

Note: This amount is indexed under section 321AB.

Senate cap, for a State or Territory, means the Senate base amount multiplied by the number of Divisions in the State or Territory.

Senate‑only election cap, for a Senate‑only election in a State or Territory, is 120% of the Senate cap for the State or Territory.

Senate‑only election Independent Senate cap, for a State or Territory, means 120% of the Independent Senate cap for the State or Territory.

Senate‑only election period, for a Senate‑only election, means the period:

(a) beginning on the day the writs for the election are issued; and

(b) ending on the polling day for the election.

targeted: see section 302ALC.

302ALB Electoral expenditure incurred by Senate groups

(1) This section applies if either of the following incurs electoral expenditure:

(a) a group for a Senate election;

(b) an agent acting on behalf of a group in a Senate election.

(2) For the purposes of this Part:

(a) if the group is a single‑party endorsed group—the registered political party that endorsed the candidates in the group is taken to have incurred the expenditure; and

(b) if the group is a jointly endorsed group—each registered political party that endorsed one or more candidates in the group is taken to have incurred a share of the expenditure (rounded to the nearest dollar) proportionate to the number of candidates the party has endorsed; and

(c) if none of the group’s members is a candidate endorsed by a registered political party—each member of the group is taken to have incurred an equal share of the expenditure (rounded to the nearest dollar); and

(d) in any case—the group is taken not to have incurred any of the expenditure.

Note: If paragraph (c) applies, each member of the group is required to report on the group member’s share of the expenditure and that share counts towards any expenditure caps that apply in relation to the group members.

302ALC Electoral expenditure targeted to a Division, State or Territory

(1) For the purposes of this Part, if a person or entity incurs electoral expenditure, the amount worked out under subsection (2) is targeted to a Division, State or Territory if:

(a) the expenditure is incurred for the dominant purpose of creating or communicating electoral matter; and

(b) the electoral matter is express coverage matter (see subsection (3)) for the Division, State or Territory; and

(i) for a Division—the electoral matter is not mainly communicated to electors enrolled outside Divisions for which it is express coverage matter; or

(ii) for a State or Territory—the electoral matter is not mainly communicated to electors enrolled outside States and Territories for which it is express coverage matter.

(2) For the purposes of subsection (1), the amount that is targeted to the Division, State or Territory is:

(a) unless paragraph (b) applies—the amount of the expenditure; or

(b) if the electoral matter to which the expenditure relates is express coverage matter for more than one Division, State or Territory—that share of the expenditure that the liable person or financial controller for the person or entity is reasonably satisfied reflects the distribution of the electoral matter in the Division, State or Territory.

(3) Electoral matter is express coverage matter for a Division, State or Territory if the electoral matter:

(a) is communicated to electors enrolled in the Division, State or Territory; and

(b) does either or both of the following:

(i) expressly mentions the name, or includes an image or likeness of, a candidate for election to the House of Representatives for the Division or the Senate for the State or Territory;

(ii) expressly mentions the Division or a Senate election for the State or Territory.

(4) Despite subsection (1), an amount of electoral expenditure is not targeted to any Division, State or Territory if:

(a) the electoral matter to which the expenditure relates is a how‑to‑vote card; and

(b) if the electoral matter contains matter additional to matter that satisfies paragraph (a), (b) or (c) of the definition of how‑to‑vote card—the dominant purpose of the matter is to convey matter that satisfies paragraph (a), (b) or (c) of the definition of how‑to‑vote card.

Note 1: Electoral expenditure that is not targeted to any Division, State or Territory will still (depending on who incurred it) count towards the Federal cap in section 302AMA or the capped entity cap in section 302APA.

Note 2: For the definition of how‑to‑vote card, see subsection 4(1).

302ALD Expenditure covered by the by‑election or Senate‑only election caps

Electoral expenditure incurred by a person or entity is expenditure covered by the by‑election or Senate‑only election caps if the expenditure is incurred by the person or entity:

(a) in the by‑election period for a by‑election and for the purposes of the by‑election; or

(b) in the Senate‑only election period for a Senate‑only election and for the purposes of the Senate‑only election.

Note: Expenditure covered by the by‑election or Senate‑only election caps does not count towards the calendar year expenditure caps (see section 302AQB).

302ALE Acceptable expenditure action

Definition of acceptable expenditure action

(1) Acceptable expenditure action is taken in relation to an amount of electoral expenditure if:

(a) the expenditure of the amount is cancelled or reversed; or

(b) the recipient of the amount repays an equivalent amount to the person or entity that incurred the particular expenditure; or

(c) in relation to a cap mentioned in Subdivision C—the member of the expenditure group that incurred the expenditure, or another member of that group, transfers an equivalent amount to the Commonwealth for the purposes of this Division; or

(d) in relation to a cap mentioned in Subdivision D, E or F—the person or entity that incurred the expenditure transfers an equivalent amount to the Commonwealth for the purposes of this Division.

Effect of acceptable expenditure action on total expenditure

(2) Nothing in this Division prevents the taking of acceptable expenditure action in relation to an amount that is not an excess amount (within the meaning of a civil penalty provision in Subdivision C, D, E or F).

(3) However, for the purposes of such a civil penalty provision, the taking of acceptable expenditure action in relation to an amount, after a time at which the total electoral expenditure concerned has exceeded the cap concerned, does not reduce the total amount of expenditure incurred.

Note: This means that once a cap is exceeded, there is no way to subsequently reduce total expenditure to an amount that is below the cap (even if, by taking acceptable expenditure action, a penalty is avoided).

302ALF Expenditure group

Definition of expenditure group

(1) Each registered political party (a group owner) that is not itself a State branch of another registered political party or related to another registered political party in the way described in paragraph (b), has an expenditure group that is made up of:

(a) the following core members:

(i) the group owner;

(ii) any State branch of the group owner;

(iii) any candidate endorsed by a registered political party covered by subparagraph (i) or (ii);

(iv) any member of the House of Representatives or Senator who is a member of a registered political party covered by subparagraph (i) or (ii);

(v) any nominated entity of a registered political party covered by subparagraph (i) or (ii); and

(b) any registered political party that, while not being a State branch of the group owner, is related to the group owner within the meaning of paragraph 123(2)(a) because it is part of the group owner; and

(d) any member of the House of Representatives or Senator who is a member of a registered political party covered by paragraph (b) of this subsection; and

(e) any nominated entity of a registered political party covered by paragraph (b) of this subsection.

Note 1: Associated entities, significant third parties and third parties are not members of a registered political party’s expenditure group for the purposes of this Division.

Note 2: See subsections 287(8) to (8D) for the treatment of significant third parties, third parties, associated entities and their branches, for the purposes of this Part.

Expenditure of member of multiple expenditure groups counts towards expenditure caps for each group

(2) If a person or entity is a member of more than one registered political party’s expenditure group, then, for the purposes of Subdivision C, electoral expenditure incurred by the person or entity counts towards the total electoral expenditure of each such expenditure group.

Example: The Federal Quokka Party, the Quokka Party (WA), the Federal Wombat Party and the Wombat‑Quokka Party (SA) are all registered political parties. The Quokka Party (WA) is a State branch of the Federal Quokka Party. The Wombat‑Quokka Party (SA) is a State branch of the Federal Wombat Party. The Wombat‑Quokka Party (SA) is not a State branch of the Federal Quokka Party but it is related to the Federal Quokka Party within the meaning of paragraph 123(2)(a) because it is a part of the Federal Quokka Party.

The Quokka Party (WA) is a member of the Federal Quokka Party’s expenditure group.

The Wombat‑Quokka Party (SA) is a member of the Federal Wombat Party’s expenditure group. It is also a member of the Federal Quokka Party’s expenditure group under paragraph (1)(b).

The Wombat‑Quokka Party (SA) incurs $50,000 of electoral expenditure. This expenditure will count towards the Federal cap for both of the expenditure groups that the Wombat‑Quokka Party (SA) is a member of. If the expenditure is targeted to a Division, State or Territory within the meaning of section 302ALC, it will also count towards the Divisional cap or Senate cap for both of the expenditure groups.

Subdivision C—Expenditure caps for registered political party expenditure groups

302AMA Federal cap

(1) A person contravenes this subsection if:

(a) the person is the liable person for a member of a registered political party’s expenditure group; and

(b) at a time in a calendar year, the member incurs particular electoral expenditure; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by members of the expenditure group exceeds the Federal cap.

Note: See Subdivision G for expenditure that does not count towards the cap, and for an exception for acceptable expenditure action. In addition, section 95 of the Regulatory Powers Act deals with mistake of fact.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Federal cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) To avoid doubt, electoral expenditure targeted to a Division, State or Territory is also electoral expenditure that counts towards the Federal cap.

Note: However, expenditure covered by the by‑election or Senate‑only election caps does not count (see section 302AQB).

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302AMB Divisional cap

(1) A person contravenes this subsection if:

(a) the person is the liable person for a member of a registered political party’s expenditure group; and

(b) at a time in a calendar year, the member incurs particular electoral expenditure targeted to a Division; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the Division, by members of the expenditure group, exceeds the Divisional cap.

Note 1: See Subdivision G for expenditure that does not count towards the cap, and for an exception for acceptable expenditure action. In addition, section 95 of the Regulatory Powers Act deals with mistake of fact.

Note 2: For the meaning of electoral expenditure targeted to a Division, see section 302ALC.

Example: The Federal Quokka Party and the Quokka Party (ACT) are registered political parties. The Quokka Party (ACT) is a State branch of the Federal Quokka Party. Candidate K. Roo is the Quokka Party (ACT)’s endorsed candidate for the Division of Canberra. The Quokka Party (ACT) and K. Roo, along with the Federal Quokka Party itself, are therefore all members of the Federal Quokka Party’s expenditure group (see the definition of expenditure group in section 302ALF). The Quokka Party (ACT) and K. Roo each spend $10,000 on advertisements promoting K. Roo as the Quokka Party candidate for Canberra for the upcoming federal election. That electoral expenditure of $20,000 will count towards the Divisional cap, as well as the Federal cap, for the Federal Quokka Party’s expenditure group as it was incurred by members of the expenditure group.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Divisional cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302AMC Senate cap

(1) A person contravenes this subsection if:

(a) the person is the liable person for a member of a registered political party’s expenditure group; and

(b) at a time in a calendar year, the member incurs particular electoral expenditure targeted to a State or Territory; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the State or Territory, by members of the expenditure group, exceeds the Senate cap for the State or Territory.

Note 2: For the meaning of electoral expenditure targeted to a State or Territory, see section 302ALC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302AMD By‑election cap

(1) A person contravenes this subsection if:

(a) the person is the liable person for a member of a registered political party’s expenditure group; and

(b) at a time in the by‑election period for a by‑election, the member incurs particular electoral expenditure for the purposes of the by‑election; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the by‑election period for the purposes of the by‑election, by members of the expenditure group, exceeds the by‑election cap for the by‑election.

Note 2: For the meaning of by‑election period, see section 302ALA.

Note 3: This cap is separate from, and additional to, the Federal cap, the Divisional cap and the Senate cap that apply under sections 302AMA, 302AMB and 302AMC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the by‑election cap for the by‑election—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302AME Senate‑only election cap

(1) A person contravenes this subsection if:

(a) the person is the liable person for a member of a registered political party’s expenditure group; and

(b) at a time in the Senate‑only election period for a Senate‑only election in a State or Territory, the member incurs particular electoral expenditure for the purposes of the election in the State or Territory; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate‑only election period for the purposes of the election in the State or Territory, by members of the expenditure group, exceeds the Senate‑only election cap for the election in the State or Territory.

Note 2: For the meaning of Senate‑only election period, see section 302ALA.

Note 3: This cap is separate from, and additional to, the Federal cap, the Divisional cap and the Senate cap that apply under sections 302AMA, 302AMB and 302AMC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Senate‑only election cap for the election in the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

Subdivision D—Expenditure caps for Independent House candidates or members

302ANA Independent House of Representatives cap

(1) A person contravenes this subsection if:

(a) at a time in a calendar year, the person:

(i) is an Independent House candidate or member for a Division; and

(ii) incurs particular electoral expenditure; and

(b) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the person, while the person is an Independent House candidate or member for the Division, exceeds the Independent House of Representatives cap.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent House of Representatives cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302ANB Independent House of Representatives by‑election cap

(1) A person contravenes this subsection if:

(a) at a time in the by‑election period for a by‑election for a Division, the person:

(i) is an Independent House candidate or member for the Division; and

(ii) incurs particular electoral expenditure for the purposes of the by‑election; and

(b) as at the time (and including the particular expenditure), total electoral expenditure incurred in the by‑election period for the purposes of the by‑election by the person, while the person is an Independent House candidate or member for the Division, exceeds the Independent House of Representatives by‑election cap for the by‑election.

Note 2: For the meaning of by‑election period, see section 302ALA.

Note 3: This cap is separate from, and additional to, the Independent House of Representatives cap that applies under section 302ANA.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent House of Representatives by‑election cap for the by‑election—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302ANC Application of caps in this Subdivision

(1) This section applies in relation to references in this Subdivision to electoral expenditure incurred by an Independent House candidate or member in a period.

(2) To avoid doubt, electoral expenditure incurred by an Independent House candidate or member is counted only once, even if the person satisfies both paragraphs (a) and (b) of the definition of Independent House candidate or member at the same time.

(3) To avoid doubt, if, at a time in the period, an Independent House candidate or member who satisfies one paragraph of the definition of Independent House candidate or member starts to satisfy the other paragraph instead, a reference to electoral expenditure incurred by the person in the period includes electoral expenditure incurred by the person before the time.

Subdivision E—Expenditure caps for Independent Senate candidates or Senators

302AOA Independent Senate cap

(1) A person contravenes this subsection if:

(a) at a time in a calendar year, the person:

(i) is an Independent Senate candidate or Senator for a State or Territory; and

(ii) incurs particular electoral expenditure; and

(b) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the person, while the person is an Independent Senate candidate or Senator for the State or Territory, exceeds the Independent Senate cap for the State or Territory.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302AOB Senate‑only election Independent Senate cap

(1) A person contravenes this subsection if:

(a) at a time in the Senate‑only election period for a Senate‑only election in a State or Territory, the person:

(i) is an Independent Senate candidate or Senator for a State or Territory; and

(ii) incurs particular electoral expenditure for the purposes of the election in the State or Territory; and

(b) as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate‑only election period for the purposes of the election by the person, while the person is an Independent Senate candidate or Senator, exceeds the Senate‑only election Independent Senate cap for the State or Territory.

Note 2: For the meaning of Senate‑only election period, see section 302ALA.

Note 3: This cap is separate from, and additional to, the Independent Senate cap in section 302AOA.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Senate‑only election Independent Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302AOC Application of caps in this Subdivision

(1) This section applies in relation to references in this Subdivision to electoral expenditure incurred by an Independent Senate candidate or Senator in a period.

(2) To avoid doubt, electoral expenditure incurred by an Independent Senate candidate or Senator is counted only once, even if the person satisfies both paragraphs (a) and (b) of the definition of Independent Senate candidate or Senator at the same time.

(3) To avoid doubt, if, at a time in a period, an Independent Senate candidate or Senator who satisfies one paragraph of the definition of Independent Senate candidate or Senator starts to satisfy the other paragraph instead, a reference to electoral expenditure incurred by the person in the period includes electoral expenditure incurred by the person before the time.

Subdivision F—Expenditure caps for significant third parties, associated entities and third parties

302APA Capped entity cap

(1) A person contravenes this subsection if:

(a) the person is the financial controller of an entity; and

(b) at a time in a calendar year, the entity:

(i) is a capped expenditure entity; and

(ii) incurs particular electoral expenditure; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the entity exceeds the capped entity cap.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) To avoid doubt, electoral expenditure targeted to a Division, State or Territory is also electoral expenditure that counts towards the capped entity cap.

Note: However, expenditure covered by the by‑election or Senate‑only election caps does not count (see section 302AQB).

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302APB Capped entity Divisional cap

(1) A person contravenes this subsection if:

(a) the person is the financial controller of an entity; and

(b) at a time in a calendar year, the entity:

(i) is a capped expenditure entity; and

(ii) incurs particular electoral expenditure targeted to a Division; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the Division by the entity exceeds the capped entity Divisional cap.

Note 2: For the meaning of electoral expenditure targeted to a Division, see section 302ALC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Divisional cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302APC Capped entity Senate cap

(1) A person contravenes this subsection if:

(a) the person is the financial controller of an entity; and

(b) at a time in a calendar year, the entity:

(i) is a capped expenditure entity; and

(ii) incurs particular electoral expenditure targeted to a State or Territory; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the State or Territory by the entity exceeds the capped entity Senate cap for the State or Territory.

Note 2: For the meaning of electoral expenditure targeted to a State or Territory, see section 302ALC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302APD Capped entity by‑election cap

(1) A person contravenes this subsection if:

(a) the person is the financial controller of an entity; and

(b) at a time in the by‑election period for a by‑election, the entity:

(i) is a capped expenditure entity; and

(ii) incurs particular electoral expenditure for the purposes of the by‑election; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the by‑election period for the purposes of the by‑election, by the entity, exceeds the capped entity by‑election cap for the by‑election.

Note 2: For the meaning of by‑election period, see section 302ALA.

Note 3: This cap is separate from, and additional to, the capped entity cap, the capped entity Divisional cap and the capped entity Senate cap that apply under sections 302APA, 302APB and 302APC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity by‑election cap for the by‑election—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302APE Capped entity Senate‑only election cap

(1) A person contravenes this subsection if:

(a) the person is the financial controller of an entity; and

(b) at a time in the Senate‑only election period for a Senate‑only election in a State or Territory, the entity:

(i) is a capped expenditure entity; and

(ii) incurs particular electoral expenditure for the purposes of the election in the State or Territory; and

(c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate‑only election period for the purposes of the election, by the entity, exceeds the capped entity Senate‑only election cap for the election in the State or Territory.

Note 2: For the meaning of Senate‑only election period, see section 302ALA.

Note 3: This cap is separate from, and additional to, the capped entity cap, the capped entity Divisional cap and the capped entity Senate cap that apply under sections 302APA, 302APB and 302APC.

(2) For the purposes of this section, the excess amount of the particular expenditure is:

(a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

(b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Senate‑only election cap for the election in the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following:

(a) 1,000 penalty units;

(b) 3 times the excess amount of the particular expenditure.

302APF Application of caps in this Subdivision

(1) This section applies in relation to references in this Subdivision to electoral expenditure incurred by a capped expenditure entity in a period.

(2) To avoid doubt, if, at a time in the period, a capped expenditure entity that satisfies one paragraph of the definition of capped expenditure entity starts to satisfy another paragraph instead, a reference to electoral expenditure incurred by the entity in the period includes electoral expenditure incurred by the entity before the time.

(3) If an entity was not a capped expenditure entity at the start of the period but starts to be one at a time during the period:

(a) a reference to electoral expenditure incurred by the entity in the period includes electoral expenditure incurred by the entity before that time; and

(b) any electoral expenditure incurred by the entity before that time is taken to have been incurred at the time the entity started to be a capped expenditure entity.

(4) This Subdivision does not apply in relation to electoral expenditure incurred by a capped expenditure entity at any time while the entity is a nominated entity of a registered political party.

Note: The nominated entity of a registered political party is a member of a registered political party’s expenditure group and so its electoral expenditure is covered by Subdivision C.

Subdivision G—Exceptions

302AQA Exception—acceptable expenditure action

A civil penalty provision in Subdivision C, D, E or F does not apply to a person, in relation to the excess amount of particular expenditure within the meaning of the provision, if:

(a) at the time the particular expenditure was incurred, the person did not know, and could not reasonably have been expected to know, that the total expenditure concerned exceeded the cap concerned; and

(b) before the end of the period of 6 weeks starting on the day the person first became aware of the matter, acceptable expenditure action is taken in relation to the excess amount.

Note: A person who wishes to rely on this section bears an evidential burden in relation to the matters in this section (see section 96 of the Regulatory Powers Act).

302AQB Exception—expenditure covered by the by‑election or Senate‑only election caps

A civil penalty provision in Subdivision C, D, E or F that applies in relation to a calendar year does not apply in relation to expenditure covered by the by‑election or Senate‑only election caps.

Note 1: A person who wishes to rely on this section bears an evidential burden in relation to the matters in this section (see section 96 of the Regulatory Powers Act).

Note 2: For the meaning of expenditure covered by the by‑election or Senate‑only election caps, see section 302ALD.

302AQC Exception—travel and translation expenses

(1) A civil penalty provision in Subdivision C does not apply in relation to electoral expenditure incurred by a member of a registered political party’s expenditure group in the period concerned in relation to:

(a) travel by a candidate who is a member of the expenditure group, or by the candidate’s staff, or travel‑related accommodation for the candidate or staff, undertaken for the dominant purpose of the candidate’s campaign; or

(b) translation or interpretation services used for the dominant purpose of the candidate’s campaign.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: This exception does not apply in relation to contraventions of provisions in Subdivision F.

Note 3: A candidate’s staff includes any volunteers.

(2) A civil penalty provision in Subdivision D or E does not apply in relation to electoral expenditure incurred by a person who is a candidate in the period concerned in relation to:

(a) travel by the candidate or by the candidate’s staff, or travel‑related accommodation for the candidate or staff, undertaken for the dominant purpose of the candidate’s campaign; or

(b) translation or interpretation services used for the dominant purpose of the candidate’s campaign.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: This exception does not apply in relation to contraventions of provisions in Subdivision F.

Note 3: A candidate’s staff includes any volunteers.

(3) Paragraphs (1)(a) and (2)(a) do not include expenditure incurred in connection with a vessel, aircraft or vehicle which displays advertising or electoral matter for a candidate or registered political party.

302AQD Exception—salaries and allowances

A civil penalty provision in Subdivision C, D or E does not apply in relation to electoral expenditure incurred in the period concerned that is an amount of salary or allowance paid to a member of the Parliament, or a member of the staff of a member of the Parliament, including an amount of salary, remuneration, allowance or expenses payable under any of the following:

(a) the Constitution;

(b) the Parliamentary Business Resources Act 2017;

Note 1: A person who wishes to rely on this section bears an evidential burden in relation to the matters in this section (see section 96 of the Regulatory Powers Act).

Note 2: This exception does not apply in relation to contraventions of provisions in Subdivision F.

302AQE Exception—campaign office accommodation

(1) A civil penalty provision in Subdivision C does not apply in relation to so much of any electoral expenditure incurred by members of a registered political party’s expenditure group in the period concerned as:

(a) is incurred on a campaign office for the party (including the party’s campaign headquarters) or for a member of the expenditure group who is a candidate; and

(b) does not result in the members of the expenditure group incurring electoral expenditure exceeding:

(i) for a campaign office that is the party’s campaign headquarters—$20,000; or

(ii) for a campaign office for a Division—$20,000 total for each Division; or

(iii) for a campaign office for a State and Territory—$20,000 total for each State or Territory.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: The amounts in subparagraphs (1)(b)(i), (ii) and (iii) are indexed under section 321AB.

Note 3: There is an equivalent exception in subsection (3) in relation to contraventions of provisions in Subdivisions D and E. There is not an equivalent exception in relation to contraventions of provisions in Subdivision F.

(2) To avoid doubt, an amount mentioned in subparagraph (1)(b)(ii) or (iii) applies regardless of the number of campaign offices for the Division, State or Territory.

(3) A civil penalty provision in Subdivision D or E does not apply in relation to so much of any electoral expenditure incurred by the person in the period concerned as is both:

(a) incurred on a campaign office for the person; and

(b) not more than $20,000.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: The amount in paragraph (3)(b) is indexed under section 321AB.

Note 3: There is an equivalent exception in subsection (1) in relation to contraventions of provisions in Subdivision C. There is not an equivalent exception in relation to contraventions of provisions in Subdivision F.

302AQF Exception—design and printing costs for certain how‑to‑vote cards

A civil penalty provision in Subdivision D or E does not apply in relation to so much of any expenditure incurred by the person in the period concerned as is both:

(a) expenditure incurred on the design or printing of a how‑to‑vote card; and

(b) not more than $20,000.

Note 1: A person who wishes to rely on this section bears an evidential burden in relation to the matters in this section (see section 96 of the Regulatory Powers Act).

Note 2: For the definition of how‑to‑vote card, see subsection 4(1).

Note 3: The amount in paragraph (b) is indexed under section 321AB.

Note 4: This exception does not apply in relation to contraventions of provisions in Subdivision C or F.

Subdivision H—Miscellaneous

302ARA Notification if expenditure reaches a cap

Expenditure caps for registered political parties

(1) If:

(a) a person is the registered officer of a registered political party that has an expenditure group (see section 302ALF); and

(b) total electoral expenditure incurred in a period by members of the registered political party’s expenditure group, that counts towards a cap mentioned in Subdivision C that applies to the period, reaches the cap;

the person must give the Electoral Commissioner a written notice in accordance with this section.

Civil penalty: 60 penalty units.

Expenditure caps for Independent House candidates or members

(2) If:

(a) a person is an Independent House candidate or member; and

(b) total electoral expenditure incurred in a period by the person, that counts towards a cap mentioned in Subdivision D that applies to the period, reaches the cap;

the person must give the Electoral Commissioner a written notice in accordance with this section.

Civil penalty: 60 penalty units.

Expenditure caps for Independent Senate candidates or Senators

(3) If:

(a) a person is an Independent Senate candidate or Senator; and

(b) total electoral expenditure incurred in a period by the person, that counts towards a cap mentioned in Subdivision E that applies to the period, reaches the cap;

the person must give the Electoral Commissioner a written notice in accordance with this section.

Civil penalty: 60 penalty units.

Expenditure caps for significant third parties, associated entities, nominated entities and third parties

(4) If:

(a) a person is the financial controller of a capped expenditure entity; and

(b) total electoral expenditure incurred in a period by the entity, that counts towards a cap mentioned in Subdivision F that applies to the period, reaches the cap;

the person must give the Electoral Commissioner a written notice in accordance with this section.

Civil penalty: 60 penalty units.

Requirements for notice

(5) The person must give the Electoral Commissioner the notice:

(a) as soon as practicable after becoming aware that the total electoral expenditure has reached the cap; and

(b) in the approved form (if any).

302ARB Electoral Commissioner must publish amounts and periods

(1) As soon as practicable after 1 January each calendar year, the Electoral Commissioner must publish, on the Electoral Commission’s website, the following for the year:

(a) the capped entity cap;

(b) the capped entity Divisional cap;

(d) the capped entity Senate cap, for each State and Territory;

(e) the Divisional cap;

(f) the Federal cap;

(g) the Senate base amount;

(h) the Senate cap, for each State and Territory;

(i) the amounts for the purposes of subparagraphs 302AQE(1)(b)(i), (ii) and (iii) and paragraph 302AQE(3)(b) (exceptions for campaign office accommodation);

(j) the amount for the purposes of paragraph 302AQF(b) (exception for design and printing costs for certain how‑to‑vote cards).

Note: These amounts are indexed on 1 January each year under section 321AB.

(2) As soon as practicable after the writs are issued for a by‑election, the Electoral Commissioner must publish, on the Electoral Commission’s website, the following for the by‑election:

(a) the by‑election cap;

(b) the by‑election period;

(d) the Independent House of Representatives by‑election cap.

(3) As soon as practicable after the writs are issued for a Senate‑only election in a State or Territory, the Electoral Commissioner must publish, on the Electoral Commission’s website, the following for the Senate election:

(a) the capped entity Senate‑only election cap for the State or Territory;

(b) the Senate‑only election cap for the State or Territory;

(d) the Senate‑only election Independent Senate cap for the State or Territory.

302ARC Resetting of certain expenditure caps when multiple elections in a calendar year

(1) This section applies if:

(a) a general election is held in a calendar year; and

(b) after the polling day for the general election, another general election is, or is to be, held in the same calendar year; and

(2) The civil penalty provisions in Subdivisions C, D, E and F that apply in relation to calendar years apply as if the part of the calendar year that occurred before the day the writs were issued for the other general election, and the part of the calendar year that occurred on and after that day, were different calendar years.

Note: This means new and separate caps apply for electoral expenditure incurred for the remainder of the year on and after the day the writs for the other general election were issued.

Division 3A—Requirements relating to donations

Subdivision A—Interpretation

302A Simplified outline of this Division

This Division regulates gifts that are made to members of the House of Representatives, Senators, registered political parties, candidates, significant third parties, associated entities, nominated entities and third parties.

Gifts to these persons and entities that are made for a federal purpose are subject to a cap. Gifts (other than gifts made for the purposes of a by‑election or a Senate‑only election) are subject to an annual cap for a calendar year. Gifts made for the purposes of a by‑election or a Senate‑only election are subject to a separate cap during the election period for the election. Gifts may be aggregated with other gifts made by the same donor to related persons or entities if the gifts are made in the same calendar year, or for the purposes of the same by‑election or Senate‑only election.

Separately, gifts made for a federal purpose by the same person or entity are subject to the overall gift cap, and any such gifts made to recipients related to a particular State or Territory are subject to the State and Territory gift cap.

Gifts of at least $1,000 to members of the House of Representatives, Senators, political entities (broadly, registered political parties and candidates), significant third parties, associated entities or nominated entities must not be made by foreign donors. A foreign donor is a person who does not have a connection to Australia, such as a person who is not an Australian citizen or an entity that does not have a significant business presence in Australia.

Anti‑avoidance provisions apply to strengthen these requirements (see Subdivision C of Division 5C of this Part).

A person or entity may commit an offence or be liable to a civil penalty if the person or entity contravenes these requirements. There are some exceptions, such as when a gift is made in a personal capacity.

302B Definitions

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;

acceptable action period, in relation to a gift, means:

(a) if the gift is made to, or for the benefit of, a person who is a candidate in an election or by‑election—the period of 6 weeks beginning on the later of the following days:

(i) the day the gift is made;

(ii) the earlier of the day the person announced that the person would be a candidate in the election or by‑election and the day the person nominated as a candidate in the election or by‑election; or

(b) otherwise—the period of 6 weeks beginning on the day the gift is made.

acceptable donor action is taken in relation to a gift that exceeds the annual gift cap for a calendar year, the overall gift cap for a calendar year, the State and Territory gift cap for a calendar year, the by‑election gift cap or the Senate‑only election gift cap (whichever is applicable) if the donor, in writing, requests the person or entity to which the gift was made to return to the donor:

(a) the gift; or

(b) an amount equal to the amount or value by which the gift exceeds the applicable gift cap.

acceptable recipient action is taken in relation to a gift that exceeds the annual gift cap for a calendar year, the by‑election gift cap or the Senate‑only election gift cap (whichever is applicable) if:

(a) the gift, or an amount equal to the amount or value by which the gift exceeds the applicable gift cap, is returned by, or on behalf of, the recipient to the donor; or

(b) an amount equal to the amount or value of the gift, or the amount or value by which the gift exceeds the applicable gift cap, is transferred by, or on behalf of, the recipient to the Commonwealth, for the purposes of this Division.

annual gift means a gift to which Subdivision AA applies under subsection 302CB(1).

annual gift cap, for a calendar year, means $50,000.

Note 1: This amount is indexed under section 321A.

Note 2: The annual gift cap for a calendar year resets if a general election is held in the calendar year (see section 302CG).

appropriate donor information has the meaning given by section 302P.

by‑election gift means a gift to which Subdivision AA applies under subsection 302CB(2).

by‑election gift cap means $50,000.

Note 1: This amount is indexed under section 321A.

Note 2: The by‑election gift cap has effect only during the election period for a by‑election (see subsection 302CB(2)).

Note 3: A gift made to a person or entity for the purposes of a by‑election is not counted for the purposes of the annual gift cap, the overall gift cap or the State and Territory gift cap for the calendar year in which the by‑election is held (see section 302CB).

connected has the meaning given by subsection 302CJ(2).

exceeds the annual gift cap has the meaning given by subsection 302BA(1).

exceeds the by‑election gift cap has the meaning given by subsection 302BA(2).

exceeds the overall gift cap has the meaning given by subsections 302CI(2) and (3).

exceeds the Senate‑only election gift cap has the meaning given by subsection 302BA(3).

exceeds the State and Territory gift cap has the meaning given by subsections 302CJ(3) and (4).

overall gift cap for a calendar year means 32 times the annual gift cap for the calendar year.

Note: The overall gift cap for a calendar year resets if a general election is held in the calendar year (see section 302CK).

Senate‑only election gift means a gift to which Subdivision AA applies under subsection 302CB(3).

Senate‑only election gift cap means $50,000.

Note 1: This amount is indexed under section 321A.

Note 2: The Senate‑only election gift cap has effect only during the election period for the Senate‑only election (see subsection 302CB(3)).

Note 3: A gift made to a person or entity for the purposes of a Senate‑only election is not counted for the purposes of the annual gift cap, the overall gift cap or the State and Territory gift cap for the calendar year in which the Senate‑only election is held (see section 302CB).

State and Territory gift cap means 5 times the annual gift cap.

Note: The State and Territory gift cap for a calendar year resets if a general election is held in the calendar year (see section 302CK).

302BA Meaning of exceeds the annual gift cap etc.

Meaning of exceeds the annual gift cap

(1) An annual gift exceeds the annual gift cap for a calendar year if:

(a) the amount or value of the gift is more than the annual gift cap for the calendar year in which the gift is made; or

(b) the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) that was made:

(i) to the same person or entity; and

(ii) by, or on behalf of, the same donor; and

(iii) in the same calendar year;

results in an amount or value that is more than the annual gift cap for the calendar year; or

(c) the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) that was made:

(i) to the registered political party or any person or entity related to the registered political party; and

(ii) by, or on behalf of, the same donor; and

(iii) in the same calendar year;

results in an amount or value that is more than the annual gift cap for the calendar year.

Note 1: See subsection (4) for when a person or entity is related to a registered political party.

Note 2: The annual gift cap for a calendar year resets if a general election is held in the calendar year (see section 302CG).

Meaning of exceeds the by‑election gift cap

(2) A by‑election gift exceeds the by‑election gift cap if:

(a) the amount or value of the gift is more than the by‑election gift cap; or

(b) the amount or value of the gift, when added to the amount or value of each previous by‑election gift (if any) that was made:

(i) to the same person or entity; and

(ii) by, or on behalf of, the same donor; and

(iii) during the election period for the same by‑election;

results in an amount or value that is more than the by‑election gift cap; or

(i) to the registered political party or any person or entity related to the registered political party; and

(ii) by, or on behalf of, the same donor; and

(iii) during the election period for the same by‑election;

results in an amount or value that is more than the by‑election gift cap.

Note: See subsection (4) for when a person or entity is related to a registered political party.

Meaning of exceeds the Senate‑only election gift cap

(3) A Senate‑only election gift exceeds the Senate‑only election gift cap if:

(a) the amount or value of the gift is more than the Senate‑only election gift cap; or

(b) the amount or value of the gift, when added to the amount or value of each previous Senate‑only election gift (if any) that was made:

(i) to the same person or entity; and

(ii) by, or on behalf of, the same donor; and

(iii) during the election period for the same Senate‑only election;

results in an amount or value that is more than the Senate‑only election gift cap; or

(i) to the registered political party or any person or entity related to the registered political party; and

(ii) by, or on behalf of, the same donor; and

(iii) during the election period for the same Senate‑only election;

results in an amount or value that is more than the Senate‑only election gift cap.

Note: See subsection (4) for when a person or entity is related to a registered political party.

When a person or entity is related to a registered political party

(4) For the purposes of paragraphs (1)(c), (2)(c) and (3)(c), each of the following is related to a registered political party:

(a) a member of the House of Representatives who is a member of the registered political party;

(b) a Senator who is a member of the registered political party;

(d) the nominated entity (if any) registered as the registered political party’s nominated entity, as set out in the Transparency Register at the time the relevant gift is made.

Note 1: For registered political party, see subsection 4(1).

Note 2: An effect of subsection (4) is that a registered political party is not related to another registered political party for the purposes of paragraph (1)(c), (2)(c) or (3)(c).

Example: The Quokka Party (ACT) is a registered political party, as is the Quokka Party (NSW).

The amounts of gifts received by the Quokka Party (ACT) will not be aggregated with the amounts of gifts received by the Quokka Party (NSW).

The amounts of gifts received by candidates endorsed by the Quokka Party (ACT) are aggregated only with the amounts of gifts received by the Quokka Party (ACT), and not with the amounts of gifts received by candidates endorsed by the Quokka Party (NSW).

Note 3: See subsections 287(6) and (8) to (8D) for the treatment of related bodies corporate, and significant third parties, third parties, associated entities and their branches, for the purposes of this Part.

(5) If (apart from this subsection), a person who is a member of the House of Representatives, a Senator or a candidate would be related to more than one registered political party for the purposes of paragraphs (1)(c), (2)(c) and (3)(c), then, despite subsection (4), the person is taken to be related only to:

(a) if the person is a candidate—the registered political party that endorses the person; or

(b) if the person is a member of the House of Representatives or a Senator who is not a candidate:

(i) the registered political party that endorsed the person as a candidate in the election that most recently resulted in the person becoming a member of the House of Representatives or a Senator; or

(ii) if the person is a Senator who became a Senator other than as a result of an election—the registered political party that endorsed the person’s predecessor as a candidate for election to the Senate; or

(c) in any case, if the person has given the Electoral Commission a written notice in the approved form specifying another of the registered political parties—the registered political party most recently so specified.

302C Objects of this Division

(1) The objects of this Division are as follows:

(a) to prevent Australian elections from being unfairly skewed by organisations or individuals with large amounts of money;

(b) to promote equal opportunity for all individuals and other entities to participate in political debate;

(c) to secure and promote the actual and perceived integrity of the Australian electoral process by reducing the risk of persons and entities, including 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 these objects by:

(a) limiting the amount or value of gifts for a federal purpose a single donor can make to the same recipient within a calendar year, or during an election period for a by‑election or a Senate‑only election; and

(b) restricting the receipt and use of gifts made by foreign persons or entities that do not have a legitimate connection to Australia.

302CA Gifts made etc. for federal purposes

Offering gifts

(1) Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expressly offered for federal purposes.

Seeking gifts

(2) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expressly sought for use for federal purposes.

Giving gifts

(3) Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expressly given for federal purposes.

Receiving or keeping gifts—money

(4) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:

(a) the money is deposited into a federal account as soon as practicable after the money is received; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal purposes; or

(ii) to transfer the money to another federal account.

(4A) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:

(a) the money is kept in a federal account; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal purposes; or

(ii) to transfer the money to another federal account.

(4B) To avoid doubt, subsections (4) and (4A) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal account, except as provided by subparagraph (4)(b)(i) or (ii) or (4A)(b)(i) or (ii).

Receiving or keeping gifts—gifts other than money

(5) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes.

(5A) To avoid doubt, subsection (5) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes.

Receiving or keeping gifts—additional operation

(6) Subsections (4), (4A) and (5) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal purposes.

Using gifts—money

(7) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal purposes if the gift has been continuously kept in a federal account since it was deposited in that account, or any other federal account, in accordance with subsection (4).

Using gifts—gifts other than money

(7A) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal purposes if the gift has been continuously kept for federal purposes since it was received.

Using gifts—relationship with State or Territory electoral laws

(8) To avoid doubt, the fact that, as a result of subsection (7) or (7A), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.

Gifts not otherwise prohibited by this Division

(9) To avoid doubt, this section applies to a gift only if this Division does not prohibit the giving, receiving or keeping of the gift.

Parts of gifts

(10) For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.

Extended meaning of gift

(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

302CAA Gifts to Senate groups

(1) This section applies if a gift is made by or on behalf of a donor, to either of the following:

(a) a group;

(b) an agent acting on behalf of a group.

(2) For the purposes of this Part:

(a) if the group is a single‑party endorsed group—the party that endorsed the candidates in the group is taken to have received the gift; and

(b) if the group is a jointly endorsed group or none of the group’s members is a candidate endorsed by a registered political party—each member of the group is taken to have received an equal share of the gift (rounded to the nearest dollar); and

Note: Candidates may be subject to expedited disclosure requirements in relation to their share of the gift (see section 303A). Gifts received by endorsed candidates of a registered political party may be aggregated in certain circumstances for the purpose of determining whether a gift exceeds the relevant gift cap (see section 302BA).

Subdivision AA—Civil penalty provisions relating to annual gift cap, by‑election gift cap and Senate‑only election gift cap

302CB Gifts to which this Subdivision applies

Gifts made for a federal purpose—general

(1) This Subdivision applies to a gift (other than a gift to which subsection (2) or (3) applies) made for a federal purpose, by or on behalf of a donor, to any of the following:

(a) a registered political party;

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

(d) a Senator;

(e) a candidate;

(f) an associated entity;

(g) a significant third party;

(h) a nominated entity;

(i) a third party.

Note: For federal purpose, see subsection 287(1).

Gifts made for a federal purpose—by‑election

(2) This Subdivision applies to a gift made for a federal purpose by, or on behalf of, a donor if the gift:

(a) is to a person or entity referred to in any of paragraphs (1)(a) to (i); and

(b) is for the purposes of a by‑election; and

Gifts made for a federal purpose—Senate‑only election

(3) This Subdivision applies to a gift made for a federal purpose by, or on behalf of, a donor if the gift:

(a) is to a person or entity referred to in any of paragraphs (1)(a) to (i); and

(b) is for the purposes of a Senate‑only election; and

302CC Responsible person for recipients of gifts to which this Subdivision applies

For the purposes of this Subdivision, the person or entity specified in column 2 of an item in the following table is the responsible person for a person or entity (the recipient) specified in column 1 of that item.

Responsible person for a recipient of an annual gift, a by‑election gift or a Senate‑only election gift
Item	Column 1 Recipient	Column 2 Responsible person
1	A registered political party	The registered officer of the registered political party
2	A State branch of a registered political party	Whichever of the following applies: (a) if the State branch is a registered political party—the registered officer of the State branch; (b) otherwise—the agent of the State branch
3	A member of the House of Representatives	Whichever of the following applies: (a) if the member is a member of a registered political party—the registered officer of the registered political party; (b) otherwise—the member
4	A Senator	Whichever of the following applies: (a) if the Senator is a member of a registered political party—the registered officer of the registered political party; (b) otherwise—the Senator
5	A candidate	Whichever of the following applies: (a) if the candidate is endorsed by a registered political party—the registered officer of the registered political party; (b) otherwise—the agent of the candidate
6	An associated entity	The financial controller of the associated entity
7	A significant third party	The financial controller of the significant third party
8	A nominated entity	The financial controller of the nominated entity
9	A third party	The third party

Note: For table item 5, the agent of a candidate in an election or by‑election is either the candidate or a person appointed by the candidate (see section 289).

302CD Gifts exceeding annual gift cap

Gifts received by a person or entity

(1) A person or entity contravenes this subsection if:

(a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

(b) the recipient receives an annual gift; and

Note 1: For exceeds the annual gift cap, see subsections 302BA(1) and (4).

Note 2: The amount or value by which the annual gift exceeds the annual gift cap may be a debt due to the Commonwealth under section 302Q.

Gifts made by a person or entity

(2) A person or entity (the donor) contravenes this subsection if:

(a) the donor makes an annual gift; and

(b) at the time the gift is made, the gift exceeds the annual gift cap for the calendar year in which the gift is made.

Note 1: For exceeds the annual gift cap, see subsections 302BA(1) and (4).

Note 2: The amount or value by which the annual gift exceeds the annual gift cap may be a debt due to the Commonwealth under section 302Q.

Exception—no knowledge annual gift cap exceeded

(3) Subsection (1) does not apply if:

(a) at the time the annual gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the annual gift cap for the calendar year; and

(b) acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the annual gift cap for the calendar year.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

(4) Subsection (2) does not apply if:

(a) at the time the annual gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the annual gift cap for the calendar year; and

(b) the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the annual gift cap for the calendar year.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty

(5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the annual gift exceeded the annual gift cap for the calendar year at the time the gift was made—3 times that amount or value.

302CE Gifts exceeding by‑election gift cap

Gifts received by a person or entity

(1) A person or entity contravenes this subsection if:

(a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

(b) the recipient receives a by‑election gift; and

Note 1: For exceeds the by‑election gift cap, see subsections 302BA(2) and (4).

Note 2: The amount or value by which the by‑election gift exceeds the by‑election gift cap may be a debt due to the Commonwealth under section 302Q.

Gifts made by a person or entity

(2) A person or entity (the donor) contravenes this subsection if:

(a) the donor makes a by‑election gift; and

(b) at the time the gift is made, the gift exceeds the by‑election gift cap.

Note 1: For exceeds the by‑election gift cap, see subsections 302BA(2) and (4).

Note 2: The amount or value by which the by‑election gift exceeds the by‑election gift cap may be a debt due to the Commonwealth under section 302Q.

Exception—no knowledge by‑election gift cap exceeded

(3) Subsection (1) does not apply if:

(a) at the time the by‑election gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the by‑election gift cap; and

(b) acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the by‑election gift cap.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

(4) Subsection (2) does not apply if:

(a) at the time the by‑election gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the by‑election gift cap; and

(b) the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the by‑election gift cap.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty

(5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the by‑election gift exceeded the by‑election gift cap at the time the gift was made—3 times that amount or value.

302CF Gifts exceeding Senate‑only election gift cap

Gifts received by a person or entity

(1) A person or entity contravenes this subsection if:

(a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

(b) the recipient receives a Senate‑only election gift; and

Note 1: For exceeds the Senate‑only election gift cap, see subsections 302BA(3) and (4).

Note 2: The amount or value by which the Senate‑only election gift exceeds the Senate‑only election gift cap may be a debt due to the Commonwealth under section 302Q.

Gifts made by a person or entity

(2) A person or entity (the donor) contravenes this subsection if:

(a) the donor makes a Senate‑only election gift; and

(b) at the time the gift is made, the gift exceeds the Senate‑only election gift cap.

Note 1: For exceeds the Senate‑only election gift cap, see subsections 302BA(3) and (4).

Note 2: The amount or value by which the Senate‑only election gift exceeds the Senate‑only election gift cap may be a debt due to the Commonwealth under section 302Q.

Exception—no knowledge Senate‑only election gift cap exceeded

(3) Subsection (1) does not apply if:

(a) at the time the Senate‑only election gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the Senate‑only election gift cap; and

(b) acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the Senate‑only election gift cap.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

(4) Subsection (2) does not apply if:

(a) at the time the Senate‑only election gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the Senate‑only election gift cap; and

(b) the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the Senate‑only election gift cap.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty

(5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the Senate‑only election gift exceeded the Senate‑only election gift cap at the time the gift was made—3 times that amount or value.

302CG Annual gift cap resets if general election is held in calendar year

(1) If a general election is held in a calendar year, then, in determining for the purposes of a provision of this Part whether an annual gift exceeds the annual gift cap, the following periods in the calendar year are taken to be different calendar years:

(a) the period ending on the day that is 30 days after the writs for the general election are returned;

(b) the period starting immediately after that period ends.

(2) Subsection (1) does not apply if the period mentioned in paragraph (1)(a) ends after the end of the calendar year.

Subdivision AB—Receipts for certain gifts

302CH Receipts for certain gifts

(1) This section applies in relation to an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function, if the amount is, or can reasonably be assumed to be, a gift:

(a) within the meaning of paragraph 287AAB(2)(a); and

(b) to which Subdivision AA applies.

Note: See section 302CB for gifts to which Subdivision AA applies.

(2) The responsible person for the recipient of the gift must, as soon as practicable after receiving the gift, give the donor a receipt that specifies how much of the gift the responsible person reasonably believes forms part of the net proceeds of the venture or function.

Note: Expedited disclosure obligations may apply in relation to the gift depending on when it is made (see Subdivisions B and C of Division 4).

(3) If the responsible person’s reasonable belief changes, the responsible person must give the donor an updated receipt.

(4) The donor is entitled to rely on a receipt given under this section for the purposes of the donor’s disclosure obligations under Subdivision C of Division 4.

Subdivision AC—Civil penalty provisions relating to overall gift cap and State and Territory gift cap

302CI Gifts exceeding overall gift cap

(1) A person or entity (the donor) contravenes this subsection if:

(a) at a time in a calendar year, the donor makes an annual gift to any of the following (an overall gift cap entity):

(i) a registered political party;

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

(iii) a member of the House of Representatives;

(iv) a Senator;

(v) a candidate;

(vi) a nominated entity; and

(b) at that time, the gift exceeds the overall gift cap for the calendar year.

Note: The overall gift cap is 32 times the annual gift cap (see section 302B).

(2) An annual gift exceeds the overall gift cap for a calendar year if the amount or value of the gift is more than the overall gift cap for the calendar year.

(3) An annual gift also exceeds the overall gift cap for a calendar year if:

(a) the gift is made:

(i) in the calendar year; and

(ii) by a person or entity; and

(iii) to an overall gift cap entity; and

(b) the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) made:

(i) in that calendar year; and

(ii) by that person or entity; and

(iii) to any overall gift cap entity;

results in an amount or value that is more than the overall gift cap for the calendar year.

Exception—no knowledge overall gift cap exceeded

(4) Subsection (1) does not apply if:

(a) at the time the annual gift was made, the donor did not know, and could not reasonably have been expected to know, that the gift exceeded the overall gift cap for the calendar year; and

(b) the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the overall gift cap for the calendar year.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty

(5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the gift exceeded the overall gift cap at the time the gift was made—3 times that amount or value.

302CJ Gifts exceeding State and Territory gift cap

(1) A person or entity (the donor) contravenes this subsection if:

(a) at a time in a calendar year, the donor makes an annual gift to a person or entity connected to a State or Territory (see subsection (2)); and

(b) at that time, the gift exceeds the State and Territory gift cap for the calendar year, in relation to the State or Territory that the person or entity is connected to.

Note: The State and Territory gift cap is 5 times the annual gift cap (see section 302B).

(2) A person or entity is connected to a State or Territory if the person or entity is any of the following:

(a) a political party that is a State branch in the State or Territory;

(b) a member of the House of Representatives for a Division in the State or Territory;

(d) a candidate in a general election for a Division in the State or Territory;

(e) a candidate in a Senate election for the State or Territory;

(f) a nominated entity of a registered political party covered by paragraph (a).

(3) An annual gift made to a person or entity connected to a State or Territory exceeds the State and Territory gift cap for a calendar year, in relation to the State or Territory the person or entity is connected to, if the amount or value of the gift is more than the State and Territory gift cap for the calendar year.

(4) An annual gift made to a person or entity connected to a State or Territory also exceeds the State and Territory gift cap for a calendar year, in relation to the State or Territory the person or entity is connected to, if:

(a) the gift is made:

(i) in the calendar year; and

(ii) by a person or entity; and

(b) the amount or value of the gift, when added to the amount of value of each previous annual gift (if any) made:

(i) in that calendar year; and

(ii) by that person or entity; and

(iii) to any person or entity connected to that State or Territory;

results in an amount or value that is more than the State and Territory gift cap for the calendar year.

Exception—no knowledge State and Territory gift cap exceeded

(5) Subsection (1) does not apply if:

(a) at the time the annual gift was made, the donor did not know, and could not reasonably have been expected to know, that the gift exceeded the State and Territory gift cap for the calendar year in relation to the State or Territory that the person or entity that received the gift is connected to; and

(b) the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the State and Territory gift cap for the calendar year in relation to the State or Territory.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty

(6) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the gift exceeded the State and Territory gift cap in relation to the State or Territory at the time the gift was made—3 times that amount or value.

302CK Overall gift cap and State and Territory gift cap reset if general election is held in calendar year

Overall gift cap resets

(1) If a general election is held in a calendar year, then, in determining for the purposes of a provision of this Part whether an annual gift exceeds the overall gift cap, the following periods in the calendar year are to be treated as if they were different calendar years:

(a) the period ending on the day that is 30 days after the writs for the general election are returned;

(b) the period starting immediately after that period ends.

State and Territory gift cap resets

(2) If a general election is held in a calendar year, then, in determining for the purposes of a provision of this Part whether an annual gift exceeds the State and Territory gift cap in relation to a State or Territory, the following periods in the calendar year are to be treated as if they were different calendar years:

(a) the period ending on the day that is 30 days after the writs for the general election are returned;

(b) the period starting immediately after that period ends.

Exception

(3) Subsections (1) and (2) do not apply if the period mentioned in paragraph (1)(a) or (2)(a) ends after the end of the calendar year.

Subdivision B—Offences and civil penalty provisions relating to donations

302D Donations to members of the House of Representatives, Senators, registered political parties, candidates, significant third parties, associated entities and nominated entities by foreign donors

(1) A person contravenes this subsection if:

(a) the person is:

(ia) a member of the House of Representatives (the gift recipient) or a Senator (the gift recipient); or

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

(ii) a financial controller of a significant third party, an associated entity or a nominated entity (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 a foreign donor; and

(e) at the time the gift is made, the amount or value of the gift is at least $1,000; and

(f) acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.

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).

Exception—obtaining information about foreign donor status

(1A) Subsection (1) does not apply in relation to a gift made by a person (the donor) if:

(a) before the end of the acceptable action period in relation to the gift, the donor affirmed in writing to the member of the House of Representatives, Senator, agent or financial controller, or to the political entity, significant third party, associated entity or nominated entity, that the donor was not a foreign donor; and

(b) for a gift whose amount or value was, at the time the gift was made, at least equal to the disclosure threshold—before the end of the acceptable action period in relation to the gift:

(i) the member of the House of Representatives, Senator, agent or financial controller obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or

(ii) the member of the House of Representatives, Senator, agent or financial controller took reasonable steps to verify that the donor was not a foreign donor; and

(c) in any case—the member of the House of Representatives, Senator, agent or financial controller did not, at any time during the acceptable action period in relation to the gift, know, or have reasonable grounds to believe, that the donor was a foreign donor.

Note 1: 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).

Note 2: A person who makes a false affirmation or provides false donor information for the purposes of paragraph (a) or subparagraph (b)(i) of this subsection may be liable to a penalty (see section 302G).

Exception—private capacity

(1B) Subsection (1) does not apply if the gift was made in a private capacity to the gift recipient for the gift recipient’s 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).

Exception—donations given on terms inconsistent with incurring electoral expenditure etc.

(1C) Subsection (1) does not apply if using the gift for a federal purpose would be inconsistent with the terms of the gift.

Offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty: 200 penalty units.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.

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). Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (3).

302E Donations to third parties by foreign donors

(1) A person or entity (the gift recipient) contravenes this subsection if:

(a) the gift recipient is a third party; and

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

(d) the donor is a foreign donor; and

(e) at the time the gift is made, the amount or value of the gift is at least equal to the disclosure threshold; and

(f) the gift recipient uses the gift:

(i) for the purposes of incurring electoral expenditure; or

(ii) for the dominant purpose of creating or communicating electoral matter; and

(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: The amount or value of the gift might be a debt due to the Commonwealth under section 302Q.

Note 2: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Exception—obtaining information about foreign donor status

(2) Subsection (1) does not apply if:

(a) before the end of 6 weeks after the gift was made, the donor affirmed in writing to the gift recipient that the donor was not a foreign donor; and

(b) before the end of 6 weeks after the gift was made:

(i) the gift recipient obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or

(ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and

(c) in any case—the gift recipient did not, at any time during that 6‑week period, know, or have reasonable grounds to believe, that the donor was a foreign donor.

Note 1: A person or entity that 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 or entity commits an offence if the person or entity contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty

(4) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1).

Civil penalty:

The higher of the following amounts:

(a) 100 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.

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). Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (4).

302F Gifts provided for the purposes of incurring electoral expenditure etc.

Offence by gift recipient etc.

(1) A person or entity (the relevant person) contravenes this subsection if:

(a) the relevant person is:

(ia) a member of the House of Representatives or a Senator; or

(i) the agent of a political entity; or

(ii) the financial controller of a significant third party, an associated entity or a nominated entity; or

(iii) a third party; and

(b) a gift is made to, or for the benefit of, the member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor; and

(d) the amount or value of the gift is at least $100; and

(e) either of the following applies:

(i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter;

(ii) the relevant person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and

(f) acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.

Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Offence by foreign donor

(2) A person or entity (the donor) contravenes this subsection if:

(a) the donor is a foreign donor; and

(b) the donor makes a gift to, or for the benefit of, another person or entity; and

(ia) a member of the House of Representatives or a Senator; or

(i) a political entity; or

(ii) a significant third party; or

(iia) an associated entity; or

(iib) a nominated entity; or

(iii) a third party; and

(d) if the other person or entity is a third party:

(i) the donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; or

(ii) the donor knows that the other person or entity accepts the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and

(e) in any case—acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.

Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Offence

(3) A person or entity commits an offence if the person or entity contravenes subsection (1) or (2).

Penalty:

(a) for a contravention of subsection (1) by a third party—50 penalty units; or

(b) otherwise—100 penalty units.

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).

Civil penalty

(5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).

Civil penalty:

The higher of the following amounts:

(a) either:

(i) for a contravention of subsection (1) by a third party—100 penalty units; or

(ii) otherwise—200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.

(6) Subsection (5) applies:

(a) whether or not the conduct constituting the contravention of subsection (1) or (2) occurs in Australia; and

(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) or (2) occurs in Australia.

302G False affirmation or information that donor is not a foreign donor

(1) A person contravenes this subsection if:

(a) the person makes an affirmation or provides appropriate donor information in relation to a gift; and

(b) the affirmation or information is for the purposes of paragraph 302D(1A)(a) or 302E(2)(a) or subparagraph 302D(1A)(b)(i) or 302E(2)(b)(i); and

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: 100 penalty units.

(3) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (2).

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

The higher of the following amounts:

(a) 200 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift—3 times that amount or value.

(5) Subsection (4) applies:

(a) whether or not the conduct constituting the contravention of subsection (1) occurs in Australia; and

(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) occurs in Australia.

302P Information relating to foreign donor status

(1) A person or entity (the first person) obtains appropriate donor information in relation to a person or entity (the donor) making a gift, or on whose behalf a gift is made, establishing that the donor is not a foreign donor if the first person obtains information or a document specified in column 2 of the applicable item in the following table:

Appropriate donor information
Item	Column 1 If the donor is:	Column 2 then the appropriate donor information is:
1	an individual	(a) the particulars relating to the individual set out in a Roll; or (b) a copy of a passport, of a certificate evidencing the individual’s naturalisation, or of any other document evidencing the individual’s Australian citizenship; or (c) a copy of a visa evidencing the individual’s permanent residency in Australia; or (d) a copy of the individual’s Subclass 444 (Special Category) visa under the Migration Act 1958 (or if that Subclass ceases to exist, the kind of visa that replaces that visa); or (e) any information or a copy of any document prescribed by the regulations for the purposes of this table item.
2	an incorporated entity	(a) a copy of the certificate of the entity’s incorporation in Australia; or (b) particulars of the entity’s registration with the Australian Securities Investment Commission evidencing the entity’s incorporation in Australia; or (c) any information or a copy of any document prescribed by the regulations for the purposes of this table item.
3	an entity (whether or not incorporated)	(a) copies of at least 3 recent minutes or other official documents of the entity, in accordance with subsection (2), evidencing that high‑level decisions of the entity are made in Australia, such as: (i) decisions setting the operational policies of the entity; or (ii) decisions appointing officers of the entity, or granting powers to such officers to carry on the entity’s activities; or (iii) directions to persons appointed to carry out the entity’s activities as to how to perform functions; or (iv) decisions on matters of finance, such as how profits are to be used; or (b) copies of at least 3 official documents of the entity establishing that the entity’s activities are principally carried out in Australia, such as: (i) documents recording separately the number of staff or members of the entity in Australia, and overseas, carrying on activities for the entity; or (ii) documents recording separately the scale or volume of the activities carried out in Australia, and overseas, (for example by reference to revenue derived in Australia and overseas); or (c) for an entity that is a trust or foundation—a trust deed or other governing document evidencing: (i) the governing law of the trust or foundation as the law of an Australian jurisdiction; or (ii) that the head office is in Australia, or that the principal place of activity is, or is in, Australia; or (d) any information or a copy of any document prescribed by the regulations for the purposes of this table item.

Note 1: A person or entity who obtains appropriate donor information may not commit an offence or contravene a civil penalty provision in this Division (see subsections 302D(1A) and 302E(2)).

Note 2: In 2018, trust deeds or other governing documents of entities registered under the Australian Charities and Not‑for‑profits Commission Act 2012 were generally available on the Australian Charities and Not‑for‑profits Register as a governing document (see https://www.acnc.gov.au).

(2) For the purposes of paragraph (a) of item 3 of the table, each of the minutes or other official documents must evidence a different kind of decision.

(3) For the purposes of item 3 of the table, information may be omitted, redacted or deleted from the minutes, documents or information.

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 contravened:

(i) section 302CD, 302CE or 302CF in relation to the gift; or

(ii) any of sections 302D to 302F in relation to the gift.

(2) If subparagraph (1)(b)(i) applies, the amount or value by which the gift exceeds the annual gift cap, the by‑election gift cap or the Senate‑only election gift cap (as the case may be) (determined at the time the gift is made):

(a) is payable by the gift recipient to the Commonwealth; and

(b) may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.

(3) If subparagraph (1)(b)(ii) applies, the amount or value of the gift (determined at the time the gift is made):

(a) is payable by the gift recipient to the Commonwealth; and

(b) 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.

(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.

Division 4—Disclosure of donations

Subdivision A—Preliminary

302V Simplified outline of this Division

A donation disclosure notice must be given to the Electoral Commission if certain kinds of gifts are received by any of the following:

(a) members of the House of Representatives and Senators;

(b) candidates in elections or by‑elections;

(d) State branches of registered political parties;

(e) significant third parties, associated entities, third parties and nominated entities.

The kinds of gifts that must be disclosed are:

(a) gifts made for a federal purpose; or

(b) certain other gifts;

where the amount or value of the gift is over the disclosure threshold. A notice must also be given if the total amount or value of all gifts received from the same person or entity in a calendar year is over the disclosure threshold.

Subdivision B sets out when the recipient of a gift made for a federal purpose must give a donation disclosure notice to the Electoral Commission.

Subdivision C sets out when the donor of a gift made for a federal purpose must give a donation disclosure notice to the Electoral Commission.

Subdivision D requires the Electoral Commissioner to publish some of the information about gifts made for a federal purpose in a donation disclosure notice on the Transparency Register.

Subdivision E sets out when a recipient of certain other gifts must give a donation disclosure notice to the Electoral Commission.

Subdivision F requires the Electoral Commissioner to publish some of the information about those other gifts in a donation disclosure notice on the Transparency Register.

Subdivision G deals with limitations on loans made to political parties, State branches, significant third parties or candidates that are more than the disclosure threshold.

Subdivision G also provides that gifts of more than the disclosure threshold to a political party, State branch, significant third party or candidate by a corporation that is wound up within a year of making the gift may be recovered from the recipient of the gift.

303 Definitions

In this Division:

acceptable action has the same meaning as in Division 3A.

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.

Note: Election includes a Senate‑only election (see the definition of that term in subsection 287(1)).

election period, in relation to an election or by‑election, means the period commencing on the day of issue of the writ for the election or by‑election and ending at the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election or by‑election.

expedited notice period, in relation to an election or by‑election, means the period:

(a) beginning on the Saturday that immediately precedes the polling day for the election or by‑election; and

(b) ending at the end of the seventh day after that polling day.

polling day, in relation to an election or by‑election, means the day fixed for polling in the election or by‑election.

Subdivision B—Disclosure of donations by recipients of gifts made for a federal purpose

303A Requirements for recipients of gifts

(1) If a person or entity (the recipient) covered by column 1 of an item of the table at the end of this subsection receives a gift (the relevant gift), the person or entity covered by column 2 of the item (the responsible person for the recipient) must, in accordance with this section, give the Electoral Commission a written notice in relation to the relevant gift, if:

(a) the relevant gift is made to the recipient for a federal purpose; and

(b) either or both of the following apply:

(i) the amount or value of the relevant gift is more than the disclosure threshold;

(ii) the total amount or value of all gifts received by the recipient, during the calendar year in which the relevant gift is received, from the person or entity who made the relevant gift is more than the disclosure threshold.

Note 1: The notice must be given before the end of the period worked out in accordance with the table in subsection (2).

Note 2: For the meaning of federal purpose, see subsection 287(1).

Civil penalty:

The higher of the following:

(a) 60 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.

Donation disclosure notices
Item	Column 1 Recipient	Column 2 Responsible person
1	A member of the House of Representatives or a Senator	Whichever of the following applies: (a) if the member or Senator is a member of a registered political party—the registered officer of the registered political party; (b) otherwise—the member or Senator
2	A candidate in an election or by‑election	Whichever of the following applies: (a) if the candidate is endorsed by a registered political party—the registered officer of the registered political party; (b) otherwise—the agent of the candidate
3	A registered political party	The registered officer of the registered political party
4	A State branch of a registered political party	Whichever of the following applies: (a) the registered officer of the State branch; (b) if the State branch is not a registered political party—the agent of the State branch
5	A person or entity that, at the time the relevant gift is received, is registered as a significant third party, an associated entity or a nominated entity	The financial controller of the person or entity
6	A person or entity that, at the time the relevant gift is received, is a third party	The third party

Note: For the purposes of table item 2, the agent of a candidate in an election or by‑election is either the candidate or a person appointed by the candidate (see section 289).

Period for giving notice

(2) The notice in relation to the relevant gift must be given to the Electoral Commission before the end of the period worked out in accordance with the following table:

Time for giving notice
Item	Column 1 If the recipient is …	Column 2 then the notice must be given before the end of …
1	A member of the House of Representatives or a Senator	(a) if the relevant gift is received at a time that occurs during the expedited notice period in relation to an election—the period of 24 hours beginning at the time the relevant gift is received; or (b) if the relevant gift is received at a time that occurs during the election period in relation to an election and paragraph (a) does not apply—the period of 7 days beginning on the day the relevant gift is received; or (c) if paragraphs (a) and (b) do not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (7))
2	A candidate in an election or by‑election	(a) if the relevant gift is received at a time that occurs during the expedited notice period in relation to the election or by‑election—the period of 24 hours beginning at the time the relevant gift is received; or (b) if the relevant gift is received at a time that occurs during the election period in relation to the election or by‑election and paragraph (a) does not apply—the period of 7 days beginning on the day the relevant gift is received; or (c) if paragraphs (a) and (b) do not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (7))
3	A registered political party	(a) the period of 24 hours beginning at the time the relevant gift is received if the relevant gift is received at a time that occurs during the expedited notice period in relation to: (i) an election; or (ii) if a candidate in the by‑election is endorsed by the registered political party—a by‑election; or (b) if the relevant gift is received at a time that occurs during the election period in relation to the election or by‑election mentioned in paragraph (a) and that paragraph does not apply—the period of 7 days beginning on the day the relevant gift is received; or (c) if paragraphs (a) and (b) do not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (7))
4	A State branch of a registered political party	(a) the period of 24 hours beginning at the time the relevant gift is received if the relevant gift is received at a time that occurs during the expedited notice period in relation to: (i) an election; or (ii) if the State branch has incurred, or intends to incur, electoral expenditure in relation to the by‑election—a by‑election; or (b) if the relevant gift is received at a time that occurs during the election period in relation to the election or by‑election mentioned in paragraph (a) and that paragraph does not apply—the period of 7 days beginning on the day the relevant gift is received; or (c) if paragraphs (a) and (b) do not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (7))
5	A person or entity that, at the time the relevant gift is received is: (a) either: (i) registered as a significant third party, associated entity or nominated entity; or (ii) a third party; and (b) not registered under the Australian Charities and Not‑for‑profits Commission Act 2012	(a) the period of 24 hours beginning at the time the relevant gift is received if the relevant gift is received at a time that occurs during the expedited notice period in relation to: (i) an election; or (ii) if the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election—a by‑election; or (b) if the relevant gift is received at a time that occurs during the election period in relation to the election or by‑election mentioned in paragraph (a) and that paragraph does not apply—the period of 7 days beginning on the day the relevant gift is received; or (c) if paragraphs (a) and (b) do not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (7))
6	A person or entity that, at the time the relevant gift is received is: (a) either: (i) registered as a significant third party; or (ii) a third party; and (b) registered under the Australian Charities and Not‑for‑profits Commission Act 2012	The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is received (subject to subsection (8))

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303C of this Act).

Other requirements for notice

(3) The notice under subsection (1) must:

(a) be in the approved form; and

(b) set out the details required by section 303B (content of donation disclosure notices).

Notice on behalf of members and Senators who are not members of a registered political party

(4) A member of the House of Representatives or a Senator who is not a member of a registered political party is taken to have given a notice under subsection (1) in relation to a gift if the member or Senator causes another person to give the notice on behalf of the member or Senator.

Example: Assume Emma is a Senator who is not a member of a registered political party. Emma receives a gift where the amount of the gift is more than the disclosure threshold. An agent is able to give the notice under subsection (1) on behalf of Emma.

Bulk donation disclosure notices for registered political parties

(5) For the purposes of subsection (1), the responsible person for a registered political party or a State branch of a registered political party may give a single donation disclosure notice (a bulk donation disclosure notice) in relation to more than one gift received by the registered political party or the State branch.

(6) The bulk donation disclosure notice must set out the details mentioned in section 303B in relation to each gift to which the bulk donation disclosure notice relates.

Gifts received close to the start of an election period—recipient other than registered charity

(7) Despite subsection (2), if:

(a) a recipient (other than a recipient covered by column 1 of item 6 of the table in subsection (2)) receives a gift before the start of the election period in relation to:

(i) an election; or

(ii) if the recipient is covered by subsection (9) in relation to the by‑election—a by‑election; and

(b) at the time the election period starts, the responsible person for the recipient has not given the Electoral Commission a notice under subsection (1) in relation to the gift;

then the responsible person must give the Electoral Commission the notice on or before the end of the earlier of the following days:

(d) the day before the day that is 12 days before polling day for the election or by‑election (as the case requires).

Gifts received by registered charity during an election period

(8) Despite subsection (2), if a recipient covered by column 1 of item 6 of the table in subsection (2) receives a gift:

(a) after the start of the election period in relation to:

(i) an election; or

(ii) if the recipient is covered by subsection (9) in relation to the gift—a by‑election; and

(b) before the Thursday that immediately precedes the polling day for the election or by‑election;

then the responsible person for the recipient must give the Electoral Commission the notice on or before the earlier of the following days:

(d) the Thursday mentioned in paragraph (b).

(9) A recipient is covered by this subsection in relation to a by‑election if:

(a) the recipient is a candidate in the by‑election; or

(b) the recipient is a registered political party, and a candidate in the by‑election is endorsed by the recipient; or

(c) the recipient is a significant third party, an associated entity, a third party, a nominated entity or a State branch of a registered political party, and the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election.

Special provision if recipient is more than one kind of person or entity

(10) Despite subsection (1), a person or entity is not required to give a notice under that subsection in relation to a gift if:

(a) the recipient of the gift is covered by column 2 of more than one item in the table in that subsection; and

(b) a person or entity covered by column 1 of any one of those items has already given a notice under that subsection in relation to the gift.

303B Content of donation disclosure notices given by recipients

A donation disclosure notice given under section 303A in relation to a gift must set out the following details:

(a) the name of the recipient;

(b) the amount or value of the gift;

(d) if the gift was made during the election period for a by‑election or a Senate‑only election and was for the purposes of the by‑election or the Senate‑only election—the name of the Division or the State or Territory (as applicable) to which the election relates;

(e) if the person or entity who made the gift (the donor) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:

(i) the name of the association; and

(ii) the names and addresses of the members of the executive committee (however described) of the association;

(f) if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:

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

(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;

(g) if the donor is not covered by paragraph (e) or (f)—the name and address of the donor;

(h) if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift is received is more than the disclosure threshold—the total amount or value of all gifts so far received by the recipient from the donor during the calendar year;

(i) if the recipient is a candidate in an election or by‑election, a registered political party or a State branch of a registered political party—the name of the responsible person for the recipient;

(j) if the recipient is a candidate in an election or by‑election, a member of the House of Representatives or a Senator—the registered political party (if any) that the recipient is related to (within the meaning of subsections 302BA(4) and (5));

(k) if the recipient is a person or entity that is registered as a significant third party, an associated entity or a nominated entity at the time the gift is received—the name of the financial controller in relation to the person or entity;

(l) if the person giving the donation disclosure notice to the Electoral Commission is not the recipient—the name of the person.

Note 1: A failure to include these details in a donation disclosure notice may contravene a civil penalty provision (see section 303A).

Note 2: A donation disclosure notice may be amended after it has been given to the Electoral Commission (see section 319A).

303C Relationship with other laws

Subsection 36(2) of the Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.

303D No continuing contraventions

Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection 303A(1).

Subdivision C—Disclosure of donations by donors of gifts made for a federal purpose

303E Requirements for donors of gifts

(1) A person or entity (the donor) must, in accordance with this section, give the Electoral Commission a written notice in relation to a gift (the relevant gift) if:

(a) the relevant gift is made by the donor to a person or entity (the recipient) covered by an item in the table at the end of this subsection; and

(b) the relevant gift is made to the recipient for a federal purpose; and

(i) the amount or value of the relevant gift is more than the disclosure threshold;

(ii) the total amount or value of all gifts made to the recipient by the donor during the calendar year in which the relevant gift is made is more than the disclosure threshold.

Note 1: The notice must be given before the end of the period worked out in accordance with subsection (2).

Note 2: For the meaning of federal purpose, see subsection 287(1).

Civil penalty:

The higher of the following:

(a) 60 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.

Donation disclosure notices
Item	Recipient
1	A member of the House of Representatives or a Senator
2	A candidate in an election or by‑election
3	A registered political party
4	A State branch of a registered political party
5	A person or entity that, at the time the relevant gift is made, is registered as: (a) a significant third party; or (b) an associated entity; or (c) a nominated entity
6	A person or entity that, at the time the relevant gift is made, is a third party

Period for giving notice

(2) The notice in relation to the relevant gift must be given to the Electoral Commission before the end of the period worked out in accordance with the following table:

Time for giving notice
Item	If the recipient is …	then the notice must be given before the end of …
1	A member of the House of Representatives or a Senator	(a) if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to an election—the period of 7 days beginning on the day the relevant gift is made; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made
2	A candidate in an election or by‑election	(a) if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to the election or by‑election—the period of 7 days beginning on the day the relevant gift is made; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made
3	A registered political party	(a) the period of 7 days beginning on the day the relevant gift is made if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to: (i) an election; or (ii) a by‑election, if a candidate in the by‑election is endorsed by the registered political party; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made
4	A State branch of a registered political party	(a) the period of 7 days beginning on the day the relevant gift is made if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to: (i) an election; or (ii) a by‑election, if the donor reasonably believes that the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made
5	A person or entity that, at the time the relevant gift is made is: (a) either: (i) registered as a significant third party, associated entity or nominated entity; or (ii) a third party; and (b) not registered under the Australian Charities and Not‑for‑profits Commission Act 2012	(a) the period of 7 days beginning on the day the relevant gift is made if the relevant gift is made at a time that occurs during the election period, or expedited notice period, in relation to: (i) an election; or (ii) a by‑election, if the donor reasonably believes that the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made
6	A person or entity that, at the time the relevant gift is made is: (a) either: (i) registered as a significant third party; or (ii) a third party; and (b) registered under the Australian Charities and Not‑for‑profits Commission Act 2012	The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303G of this Act).

Requirements for notice

(3) The notice under subsection (1) must:

(a) be in the approved form; and

(b) set out the details required by subsection 303F(1) (content of donation disclosure notices).

303F Content of donation disclosure notices given by donors

(1) A donation disclosure notice given under section 303E in relation to a gift must set out the following details:

(a) if the person or entity who made the gift (the donor) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:

(i) the name of the association; and

(ii) the names and addresses of the members of the executive committee (however described) of the association;

(b) if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:

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

(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;

(d) the name of the person or entity (the recipient) to whom the donor made the gift;

(e) the amount or value of the gift;

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

(g) if the gift was made during the election period for a by‑election or a Senate‑only election and was for the purposes of the by‑election or the Senate‑only election—the name of the Division or the State or Territory (as applicable) to which the election relates;

(h) if the total amount or value of all gifts made by the donor to the recipient during the calendar year in which the gift is made is more than the disclosure threshold—the total amount or value of all gifts so far made by the donor to the recipient during the calendar year;

(i) the relevant details set out in subsection (2) of this section of any other gift (an earlier gift) received by the donor at any time if:

(i) the earlier gift was used wholly or partly to enable the donor to make the gift, or reimburse the donor for the gift, to which the donation disclosure notice relates; and

(ii) the amount or value of the earlier gift is more than the disclosure threshold.

Note 1: A failure to include these details in a donation disclosure notice may contravene a civil penalty provision (see section 303E).

Note 2: A donation disclosure notice may be amended after it has been given to the Electoral Commission (see section 319A).

(2) For the purposes of paragraph (1)(i), the relevant details of the earlier gift are:

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

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

(c) in the case of an earlier gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation:

(i) the name of the association; and

(ii) the names and addresses of the members of the executive committee (however described) of the association; and

(d) in the case of an earlier gift purportedly made out of a trust fund or out of the funds of a foundation:

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

(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires; and

(e) if the person or entity who made the earlier gift is not covered by paragraph (c) or (d) of this subsection—the name and address of the person or entity.

303G Relationship with other laws

Subsection 36(2) of the Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.

303H No continuing contraventions

Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection 303E(1) of this Act.

Subdivision D—Publication of information about gifts made for a federal purpose

303J Electoral Commissioner must publish information

(1) The Electoral Commissioner must publish on the Transparency Register the following information contained in a donation disclosure notice under subsection 303A(1) or 303E(1) in relation to a gift:

(a) the name of the person or entity (the recipient) that received the gift;

(b) the name of the registered political party (if any) included for the purposes of paragraph 303B(j);

(c) the information (other than an address) covered by whichever of the following is applicable in relation to the person or entity (the donor) that made the gift:

(i) for a notice given under section 303A—paragraphs 303B(e) to (g);

(ii) for a notice given under section 303E—paragraphs 303F(1)(a) to (c);

(d) the date on which the gift was:

(i) for a notice given under section 303A—received by the recipient; or

(ii) for a notice given under section 303E—made by the donor;

(e) the amount or value of the gift;

(f) if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift was received is more than the disclosure threshold—the total amount or value of all gifts so far received.

Note: If a donation disclosure notice relates to more than one gift, the Electoral Commissioner must publish the information in this subsection in relation to each gift covered by the notice.

Time for publishing information

(2) The Electoral Commissioner must publish the information before the end of:

(a) the period of 24 hours beginning at the time the donation disclosure notice is received by the Electoral Commission if:

(i) the gift is received by the recipient during the period beginning on the day of issue of the writ for an election and ending at the end of the seventh day after polling day for the election; or

(ii) the gift is received by the recipient during the period beginning on the day of issue of the writ for a by‑election and ending at the end of the seventh day after polling day for the by‑election, and the recipient is covered by subsection (3) in relation to the by‑election; or

(iii) the gift is covered by subsection 303A(7) (gifts received close to the start of an election period); or

(iv) the donation disclosure notice is otherwise received by the Electoral Commission during the election period in relation to an election; or

(b) in any other case—the period of 10 days beginning on the day the donation disclosure notice is received by the Electoral Commission.

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of information under subsection (1) of this section (see section 303K of this Act).

(3) A recipient is covered by this subsection in relation to a by‑election if:

(a) the recipient is a candidate in the by‑election; or

(b) the recipient is a registered political party, and a candidate in the by‑election is endorsed by the recipient; or

(c) the recipient is a significant third party, an associated entity, a nominated entity, a third party or a State branch of a registered political party and, in the opinion of the Electoral Commissioner, the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election.

False or misleading information

(4) Despite subsection (1), the Electoral Commissioner is not required to publish on the Transparency Register information contained in a donation disclosure notice if the Electoral Commissioner reasonably believes that the information is false or misleading in a material particular.

Publication of other information where acceptable action taken

(5) If, in relation to a gift, the recipient referred to in paragraph (1)(a) advises the Electoral Commissioner that:

(a) acceptable recipient action, or action that would be acceptable recipient action if the gift had exceeded the annual gift cap for a calendar year; or

(b) acceptable donor action, or action that would be acceptable donor action if the gift had exceeded the annual gift cap for a calendar year; or

has been taken in relation to the gift, the Electoral Commissioner must publish the following in the entry in the Transparency Register relating to the gift before the end of the period of 24 hours beginning at the time the recipient so advises the Electoral Commissioner:

(d) a statement that the recipient has advised the Electoral Commissioner that acceptable recipient action, acceptable donor action or acceptable action (as the case requires) has been taken in relation to the gift;

(e) such other information (if any) prescribed by regulations made for the purposes of this paragraph.

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of a statement or information under this subsection (see section 303K of this Act).

303K Relationship with other laws

Subsection 36(2) of the Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.

Subdivision E—Disclosure of donations by recipients of certain other gifts

303L Requirements for recipients of gifts

(a) the relevant gift is credited to a federal account in relation to the recipient; and

(b) subsection 287AAB(4) applies to the relevant gift; and

(i) the amount or value of the relevant gift is more than the disclosure threshold;

(ii) the total amount or value of all gifts credited in relation to the recipient, during the calendar year in which the relevant gift is credited, is more than the disclosure threshold.

Note 1: Under subsection 287AAB(4), certain amounts that are credited to a federal account by the financial controller are gifts.

Note 2: The notice must be given before the end of the period worked out in accordance with the table in subsection (2) of this section.

Civil penalty:

The higher of the following:

(a) 60 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.

Donation disclosure notices
Item	Column 1 Recipient	Column 2 Responsible person
1	A person or entity that, at the time the relevant gift is credited, is registered as: (a) a significant third party; or (b) an associated entity	The financial controller of the person or entity
2	A person or entity that, at the time the relevant gift is credited, is a third party	The third party

Period for giving notice

(2) The notice in relation to the relevant gift must be given to the Electoral Commission before the end of the period worked out in accordance with the following table.

Time for giving notice
Item	Column 1 If the recipient is …	Column 2 then the notice must be given before the end of …
1	A person or entity that, at the time the relevant gift is credited, is: (a) either: (i) registered as a significant third party or associated entity; or (ii) a third party; and (b) not registered under the Australian Charities and Not‑for‑profits Commission Act 2012	(a) the period of 24 hours beginning at the time the relevant gift is credited if the relevant gift is credited at a time that occurs during the expedited notice period in relation to: (i) an election; or (ii) a by‑election, if the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election; or (b) if the relevant gift is credited at a time that occurs during the election period in relation to the election or by‑election mentioned in paragraph (a) and that paragraph does not apply—the period of 7 days beginning on the day the relevant gift is credited; or (c) if paragraphs (a) and (b) do not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is credited (subject to subsection (4))
2	A person or entity that, at the time the relevant gift is credited, is: (a) either: (i) registered as a significant third party; or (ii) a third party; and (b) registered under the Australian Charities and Not‑for‑profits Commission Act 2012	The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is credited (subject to subsection (5))

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303N of this Act).

Other requirements for notice

(3) The notice under subsection (1) must:

(a) be in the approved form; and

(b) set out the details required by section 303M (content of donation disclosure notices).

Gifts credited close to the start of an election period—recipient other than registered charity

(4) Despite subsection (2), if:

(a) a gift is credited in relation to a recipient (other than a recipient covered by column 1 of item 2 of the table in subsection (2)) before the start of the election period in relation to:

(i) an election; or

(ii) a by‑election, if the recipient is covered by subsection (6) in relation to the by‑election; and

(b) at the time the election period starts, the responsible person for the recipient has not given the Electoral Commission a notice under subsection (1) in relation to the gift;

then the responsible person must give the Electoral Commission the notice on or before the end of the earlier of the following days:

(d) the day before the day that is 12 days before polling day for the election or by‑election (as the case requires).

Gift credited by registered charity during an election period

(5) Despite subsection (2), if a gift is credited in relation to a recipient covered by column 1 of item 2 of the table in subsection (2):

(a) after the start of the election period in relation to:

(i) an election; or

(ii) a by‑election, if the recipient is covered by subsection (6) in relation to the by‑election; and

(b) before the Thursday that immediately precedes the polling day for the election or by‑election;

then the responsible person for the recipient must give the Electoral Commission the notice on or before the earlier of the following days:

(c) the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is credited;

(d) the Thursday mentioned in paragraph (b).

(6) A recipient is covered by this subsection in relation to a by‑election if the recipient:

(a) is a significant third party, an associated entity or a third party; and

(b) has incurred, or intends to incur, electoral expenditure in relation to the by‑election.

Special provision if recipient is more than one kind of person or entity

(7) Despite subsection (1), a person or entity is not required to give a notice under that subsection in relation to a gift if:

(a) the recipient of the gift is covered by column 1 of more than one item in the table in that subsection; and

(b) a person or entity covered by column 2 of any one of those items has already given a notice under that subsection in relation to the gift.

303M Content of donation disclosure notices given by recipients

A donation disclosure notice given under section 303L in relation to a gift must set out the following details:

(a) the name of the person or entity (the recipient) in relation to whom the gift is credited;

(b) the amount or value of the gift;

(d) the number of memberships, subscriptions or other persons in respect of whom the gift was paid;

(e) if the total amount or value of all gifts credited in relation to the recipient during the calendar year in which the gift is credited is more than the disclosure threshold—the total amount or value of all gifts so far credited in relation to the recipient during the calendar year;

(f) if the federal account is not in the name of the person who gave the donation disclosure notice—the name of that person.

Note 1: A failure to include these details in a donation disclosure notice may contravene a civil penalty provision (see section 303L).

Note 2: A donation disclosure notice may be amended after it has been given to the Electoral Commission (see section 319A).

303N Relationship with other laws

Subsection 36(2) of the Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.

303P No continuing contraventions

Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection 303L(1) of this Act.

Subdivision F—Publication of information about certain other gifts

303Q Electoral Commissioner must publish information

(1) The Electoral Commissioner must publish on the Transparency Register the following information contained in a donation disclosure notice under subsection 303L(1) in relation to a gift:

(a) the name of the person or entity (the recipient) in relation to whom the gift was credited;

(b) the date on which the gift was credited;

(d) if the total amount or value of all gifts to which that subsection applies credited in relation to the recipient during the calendar year in which the gift was credited is more than the disclosure threshold—the total amount or value of all gifts so far credited.

Note: If a donation disclosure notice relates to more than one gift, the Electoral Commissioner must publish the information in this subsection in relation to each gift covered by the notice.

Time for publishing information

(2) The Electoral Commissioner must publish the information before the end of:

(a) the period of 24 hours beginning at the time the donation disclosure notice is received by the Electoral Commission, if:

(i) the gift is credited in relation to the recipient during the period beginning on the day of issue of the writ for an election and ending at the end of the seventh day after polling day for the election; or

(ii) the gift is credited in relation to the recipient during the period beginning on the day of issue of the writ for a by‑election and ending at the end of the seventh day after polling day for the by‑election, and the recipient is covered by subsection (3) in relation to the by‑election; or

(iii) the gift is covered by subsection 303L(4) (gifts credited close to the start of an election period); or

(iv) the donation disclosure notice is otherwise received by the Electoral Commission during the election period in relation to an election; or

(b) in any other case—the period of 10 days beginning on the day the donation disclosure notice is received by the Electoral Commission.

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of information under subsection (1) of this section (see section 303R of this Act).

(3) A recipient is covered by this subsection in relation to a by‑election if the recipient is a significant third party, an associated entity or a third party and, in the opinion of the Electoral Commissioner, the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election.

False or misleading information

Publication of other information where acceptable action taken

(5) If, in relation to a gift, the recipient referred to in paragraph (1)(a) advises the Electoral Commissioner that acceptable action has been taken in relation to the gift, the Electoral Commissioner must publish the following in the entry in the Transparency Register relating to the gift before the end of the period of 24 hours beginning at the time the recipient so advises the Electoral Commissioner:

(a) a statement that the recipient has advised the Electoral Commissioner that acceptable action has been taken in relation to the gift;

(b) such other information (if any) prescribed by regulations made for the purposes of this paragraph.

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of a statement or information under this subsection (see section 303R of this Act).

303R Relationship with other laws

Subsection 36(2) of the Acts Interpretation Act 1901 (which deals with calculating time) does not apply to an act mentioned in this Subdivision.

Subdivision G—Loans and repayments of gifts etc.

306A Certain loans not to be received

(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;

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).

(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 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).

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

(a) the terms and conditions of the loan (including, without limitation, the total amount of the loan, the term of the loan, and the rate at which any interest is payable on 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;

(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.

(6) Where a person receives a loan that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the loan 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 loan to or for the benefit of a political party, a State branch of a political party, or a significant third party, (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

(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.

(7) For the purposes of this section, 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.

(8) In this section:

financial institution means an entity which carries on a business that consists of, or includes, the provision of financial services or financial products and which is:

(a) a bank; or

(b) a credit union; or

(d) any other entity registered under the Australian Financial Institutions Commission Codes as a special service provider; or

Note: See section 111AZB of the Corporations Act 2001 for the Australian Financial Institutions Commission Codes.

(e) an entity prescribed by the regulations for the purposes of this paragraph.

306B Repayment of gifts where corporations wound up etc.

(1) This section applies if:

(a) a registered political party, a significant third party, 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.

(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 significant third party (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 significant third party 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.

Division 5—Annual disclosure of donations and electoral expenditure etc.

Subdivision A—Preliminary

307A Simplified outline of this Division

Registered political parties, State branches of registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties must provide annual returns to the Electoral Commission in respect of a calendar year. New significant third parties and associated entities must provide annual returns to the Electoral Commission in respect of the previous calendar year.

Broadly, the returns must set out details of amounts received (including as gifts) and amounts paid (including electoral expenditure incurred) during the year, as well as amounts of outstanding debts.

Commonwealth Departments must attach a statement of amounts paid to advertising agencies and other organisations to annual reports.

Information in returns provided under this Division is published by the Electoral Commissioner, on the Transparency Register, under section 320.

308 Interpretation

In this Division:

amount includes the value of a gift (within the ordinary meaning of that expression) or loan.

Note: In this definition gift has its ordinary meaning so it is not limited to gifts as defined in section 287AAB.

by‑election period has the same meaning as in Division 3AB.

discretionary benefit means a benefit (including a grant, a benefit under a contract, or any other kind of benefit) that is not a statutory entitlement.

Senate‑only election period has the same meaning as in Division 3AB of this Part.

targeted has the same meaning as in Division 3AB.

309 Nil returns

(1) If:

(a) a provision in this Division requires that a return be provided for a period, with respect to a person or entity; and

(b) the provision requires the return to set out an amount paid, incurred or received during the period; and

the return must include a statement that there is no such amount to be set out for the period.

(2) Subsection (1) does not require a candidate, or a member of the House of Representatives or a Senator, to provide a return if, because of subsection 310A(5) or 310B(1), none is required.

Subdivision B—Annual disclosure obligations

310 Registered political party and State branch returns

(1) The agent of an entity that is:

(a) a registered political party; or

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

at any time during a calendar year must provide the Electoral Commission a return for the calendar year in accordance with this section.

Note 1: A return must be provided even if no amounts were received, paid or incurred (see section 309).

Note 2: An obligation imposed on an agent applies to each member of the executive committee of a political party or State branch if there is no agent of the party or branch, as applicable (see section 292B).

Civil penalty:

The higher of the following:

(a) 120 penalty units;

(b) if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

Timing of return etc.

(2) The return must:

(a) be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

(b) be in the approved form.

Content of return

(3) The return must set out the following information:

(a) the total amount received by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310J;

(b) the total amount of gifts made for a federal purpose that were received by the entity during the calendar year, together with the details required by section 310K;

(d) the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;

(e) the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;

(f) details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year;

(g) if the entity is a registered political party that is paid administrative assistance funding under Division 3AA during the calendar year—the details required by section 310P;

(h) if the entity is a registered political party and an entity is registered, at any time during the calendar year, as the nominated entity of the party—the name of the nominated entity.

Note 1: For the meaning of federal purpose, see subsection 287(1).

Note 2: See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

Example: The Federal Quokka Party was registered as a registered political party on 1 October. The Federal Quokka Party is therefore required to provide a return for that calendar year in accordance with this section. The return must set out the information required by this section for the entire calendar year, not only the portion of the calendar year on and from 1 October.

Returns for State branches that are not registered political parties

(4) For the purposes of paragraphs (3)(a), (c) and (e), if:

(a) the agent of an entity that is a State branch of a registered political party is required by this section to provide a return with respect to the entity for a calendar year; and

(b) there is no time during the year at which the entity was a registered political party;

the return is required to set out amounts received, paid or incurred only to the extent the amounts were received, paid or incurred for a federal purpose.

Details of federal administrative accounts

(4A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

Audit of administrative assistance funding and expenditure

(5) If the entity is a registered political party that is paid administrative assistance funding under Division 3AA during the calendar year, the return must include a certificate that meets the requirements in section 311.

(6) A return is taken not to have been provided to the Electoral Commission unless the return includes such a certificate (subject to section 318).

Exception—information provided in another return

(7) This section does not apply to the agent of a State branch of a registered political party if the agent of the registered political party provides a return under this section that sets out the information required by this section in relation to the State branch.

No continuing contraventions

(8) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.

310A Candidate returns

(1) The agent of a person who is a candidate for any period of time during a calendar year must provide the Electoral Commission a return for the period in accordance with this section.

Note 1: For when a person starts to be a candidate, see subsection 287(9).

Note 2: If the person is also a member of the House of Representatives or a Senator for any period of time during the calendar year, a return may also be required under section 310B.

Civil penalty:

The higher of the following:

(a) 120 penalty units;

Timing of return etc.

(2) The return must:

(a) be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

(b) be in the approved form.

Content of return

(3) The return must set out the following information:

(a) if the election in which the person is a candidate is held in the calendar year—the name of the candidate as it appeared on the ballot paper;

(b) the total amount of gifts made for a federal purpose that were received by the candidate, together with the details required by section 310K;

(d) details of any discretionary benefits received by or on behalf of the candidate from the Commonwealth during the calendar year.

Note 1: For the meaning of federal purpose, see subsection 287(1).

Note 2: See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the candidate at any time in the calendar year.

Exception—information provided in another return

(4) This section does not apply if:

(a) the candidate is endorsed by a registered political party; and

(b) the agent of the registered political party provides a return under section 310 that sets out the information required by subsection (3) of this section.

Exception—no gifts, electoral expenditure or discretionary benefits

(5) This section does not apply if:

(a) a gift made for a federal purpose was not received by the candidate during the calendar year; and

(b) the candidate did not incur electoral expenditure during the calendar year; and

(c) discretionary benefits were not received by, or on behalf of, the candidate from the Commonwealth during the calendar year.

Agent of person who ceased to be a candidate

(6) If a person has ceased to be a candidate before the end of a calendar year, subsection (1) applies to the person who was the agent of the candidate immediately before the candidate ceased to be a candidate.

(7) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.

310B Members of the House of Representatives and Senator returns

(1) A person who is a member of the House of Representatives or a Senator for any period of time during a calendar year must provide the Electoral Commission a return for that period in accordance with this section if, during that period, the member or Senator:

(a) received a gift made for a federal purpose; or

(b) incurred electoral expenditure; or

Note: If the person is also a candidate for any period of time during the calendar year, a return may also be required under section 310A.

Civil penalty:

The higher of the following:

(a) 120 penalty units;

Timing of return etc.

(2) The return must:

(a) be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

(b) be in the approved form.

Content of return

(3) The return must set out the following information:

(a) the total amount of gifts made for a federal purpose that were received by the member or Senator, together with the details required by section 310K;

(b) the total electoral expenditure incurred by the member or Senator during the calendar year, together with the details required by section 310M;

(c) if the member or Senator is paid administrative assistance funding under Division 3AA during the calendar year—the details required by section 310P.

Note 1: For the meaning of federal purpose, see subsection 287(1).

Note 2: See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the member or Senator at any time in the calendar year.

Audit of administrative assistance funding and expenditure

(4) If the member or Senator is paid administrative assistance funding under Division 3AA during the calendar year, the return must include a certificate that meets the requirements in section 311.

(5) A return is taken not to have been provided to the Electoral Commission unless the return includes such a certificate (subject to section 318).

Exception—information provided in another return

(6) If the agent of a registered political party, of which the member or Senator was a member at any time during the calendar year, provides a return under section 310 that sets out information required by subsection (3) of this section in relation to the member or Senator:

(a) that information is not required to be set out in a return under this section; and

(b) no return under this section is required if, because of paragraph (a), no information is required to be set out in a return under this section.

No continuing contraventions

(7) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.

310C Significant third party returns

(1) The financial controller of a person or entity that is a significant third party at any time during a calendar year must provide the Electoral Commission a return for the calendar year in accordance with this section.

Note 1: See section 310G for additional disclosure obligations for persons or entities that become registered as a significant third party in a calendar year.

Note 2: A return must be provided even if no amounts were received, paid or incurred (see section 309).

Civil penalty:

The higher of the following:

(a) 120 penalty units;

Timing of return etc.

(2) The return must:

(a) be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

(b) be in the approved form.

Content of return

(3) The return must set out the following information:

(a) the total amount received by or on behalf of the person or entity during the calendar year, together with the details (if any) required by section 310J;

(b) the total amount of gifts made for a federal purpose that were received by the person or entity during the calendar year, together with the details required by section 310K;

(d) the total electoral expenditure incurred by the person or entity during the calendar year, together with the details required by section 310M;

(e) the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the person or entity, together with the details (if any) required by section 310N;

(f) details of any discretionary benefits received by or on behalf of the person or entity from the Commonwealth during the calendar year.

Note 1: For the meaning of federal purpose, see subsection 287(1).

Note 2: See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

Expenditure incurred when not registered but required to be so

(4) The financial controller of a person or entity that is taken to have incurred an amount of electoral expenditure in a calendar year (the later calendar year) under section 287J must provide:

(a) a return for the calendar year in which the expenditure was actually incurred that includes that expenditure; and

(b) a separate return for the later calendar year that does not include the expenditure that was taken under section 287J to have been incurred in the later calendar year.

Financial controller of deregistered significant third party

(5) If a significant third party is deregistered before the end of the period for providing the return as mentioned in paragraph (2)(a), subsection (1) applies to the person who was the financial controller of the significant third party immediately before that deregistration.

Exception—amounts received in personal capacity

(6) Any return provided under this section in respect of a person who is an individual is not required to include the following:

(a) any amounts, or the details of any discretionary benefits, received by, or on behalf of, the person in a purely personal capacity;

(b) any amounts paid by, or on behalf of, the person for personal purposes and not solely or substantially for a purpose related to an election;

Exception—amounts received by registered charities

(7) This section does not apply in relation to an amount if:

(a) the amount was received by, or on behalf of, a person or entity that was registered under the Australian Charities and Not‑for‑profits Commission Act 2012; and

(b) no part of the amount was used during the calendar year by the person or entity:

(i) to enable the person or entity to incur electoral expenditure, or create or communicate electoral matter; or

(ii) to reimburse the person or entity for incurring electoral expenditure, or creating or communicating electoral matter.

Exception—information provided in another return

(8) This section does not apply to the financial controller of an entity for a calendar year if:

(a) the financial controller is required to provide a return under section 310D (associated entity returns) or section 310E (nominated entity returns) with respect to the entity for the year; and

(b) the return the financial controller provides under that section:

(i) states that the entity was also a significant third party in the year; and

(ii) sets out the information required by this section with respect to the entity for the year.

Note: An entity that is registered as both a significant third party and an associated entity at a time is, for the purposes of this Part, to be treated at that time as if it were only an associated entity: see subsection 287(8A).

No continuing contraventions

(9) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.

310D Associated entity returns

(1) The financial controller of an entity that is an associated entity at any time during a calendar year must provide the Electoral Commission a return for a calendar year in accordance with this section.

Note 1: All nominated entities are required to be registered as associated entities: see paragraphs 287H(1)(b) and 287MB(1)(c).

Note 2: See section 310H for additional disclosure obligations for entities that become registered as an associated entity in a calendar year.

Note 3: A return must be provided even if no amounts were received, paid or incurred (see section 309).

Civil penalty:

The higher of the following:

(a) 120 penalty units;

Timing of return etc.

(2) The return must:

(a) be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

(b) be in the approved form.

Content of return

(3) The return must set out the following information:

(a) the total amount received by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310J;

(b) the total amount of gifts made for a federal purpose that were received by the entity during the calendar year, together with the details required by section 310K;

(c) the total amount paid by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310L;

(d) the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;

(e) the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;

(f) details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year.

Note 1: For the meaning of federal purpose, see subsection 287(1).

Note 2: See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

Financial controller of deregistered associated entity

(4) If an associated entity is deregistered before the end of the period for providing the return as mentioned in paragraph (2)(a), subsection (1) applies to the person who was the financial controller of the associated entity immediately before that deregistration.

Exception—information provided in another return

(5) Subsection (1) does not apply to the financial controller of an entity for a calendar year if:

(a) the entity is also a nominated entity at a time in the year; and

(b) a return is provided under section 310E (nominated entity returns) that:

(i) sets out the information required by this section for the entity for the year; and

(ii) specifies any period in the year during which the entity was an associated entity and not also a nominated entity; and

(iii) for any such period—makes clear which information relates to the period.

No continuing contraventions

(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.

310E Nominated entity returns

(1) The financial controller of an entity that is a nominated entity at any time during a calendar year must provide the Electoral Commission a return for a calendar year in accordance with this section.