A Bill for an Act to amend the Commonwealth Electoral Act 1918, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Commonwealth Electoral Amendment (Political Donations and Other Measures) Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | 1 July 2016. | 1 July 2016 |
| 3. Schedule 2 | The day this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Commonwealth Electoral Act 1918
Part 1—Amendments
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
related: a political party is related to another political party if:
(a) one of the parties is part of the other party; or
(b) both parties are parts of the same political party.
2 Subsection 4(1)
Insert:
reporting period means:
(a) the first 6 months of a financial year; or
(b) a full financial year.
3 Subsection 17A(1)
Omit “(1)”.
4 Subsection 17A(1)
Omit all the words after “compliance with a notice under subsection 316(2A),”, substitute “unless, in the opinion of the Electoral Commission, the information relates to an offence that has, or may have been, committed against section 315”.
5 Subsection 17A(2)
Repeal the subsection.
6 Subsection 123(2)
Repeal the subsection.
7 Subsection 287(1)
Insert:
electoral expenditure, in relation to an election, means:
(a) expenditure incurred (whether or not incurred during the election period) on:
(i) the broadcasting, during the election period, of an advertisement relating to the election; or
(ii) the publishing in a journal, during the election period, of an advertisement relating to the election; or
(iii) the display, during the election period, at a theatre or other place of entertainment, of an advertisement relating to the election; or
(iv) the production of an advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in subparagraph (i), (ii) or (iii); or
(v) the production of any material (not being material referred to in subparagraph (i), (ii) or (iii)) that is required under section 328, 328A or 328B to include the name and address of the author of the material or of the person authorising the material and that is used during the election period; or
(vi) the production and distribution of electoral matter that is addressed to particular persons or organisations and is distributed during the election period; or
(vii) the carrying out, during the election period, of an opinion poll, or other research, relating to the election; and
(b) expenditure incurred during the election period on:
(i) the rent of any house, building or premises used for the primary purpose of conducting an election campaign; or
(ii) paying additional staff employed, or a person contracted, for the primary purpose of conducting an election campaign; or
(iii) office equipment purchased (including by way of hire‑purchase), leased or hired for the primary purpose of conducting an election campaign; or
(iv) the costs of running and maintaining that office equipment; and
(c) expenditure incurred during the election period on:
(i) travel; or
(ii) travel and accommodation in connection with the travel;
to the extent that the expenditure could reasonably be expected to have been incurred for the primary purpose of conducting an election campaign.
However, expenditure is not electoral expenditure if:
(d) a member of either House of the Parliament incurs expenditure of a kind mentioned in paragraph (a), (b) or (c) of this definition; and
(e) the expenditure has been, or will be, met by allowances (other than those relating to remuneration), entitlements or benefits received by the member in his or her capacity as a member.
8 Subsection 287(1)
Insert:
general public activity: see subsection 306AF(3).
9 Subsection 287(1)
Insert:
office equipment means:
(a) telephones, faxes, computers, personal digital assistants, personal organisers and other equipment used, or that can be used, for the purpose of communication; and
(b) photocopiers, printers, and other things used in aid of the equipment mentioned in paragraph (a).
10 Subsection 287(1)
Insert:
permitted anonymous gift: see section 306AF.
11 Subsection 287(1)
Insert:
private event: see subsection 306AF(6).
12 Subsection 287(2)
Repeal the subsection, substitute:
(2) If this Part requires something to be lodged, given or furnished to the Electoral Commission, the thing is taken to be so lodged, given or furnished if it is lodged at the principal office of the Electoral Commission in Canberra.
13 Subsection 287(4)
After “an election”, insert “or a reference in section 305B”.
14 After subsection 287(4A)
Insert:
(4B) For the purposes of this Part, electoral expenditure incurred by or with the authority of a division of a State branch of a political party is treated as being incurred by that State branch.
15 After subsection 287(6)
Insert:
(6A) Subsection (6) does not apply in relation to a political party that is a body corporate.
16 Subsection 287A(1)
After “Divisions 4,”, insert “4A,”.
17 At the end of Division 1 of Part XX
Add:
287C Commonwealth may not recover the amount of a gift twice
Despite anything in this Part, if the Commonwealth has recovered the amount or value of a gift as a debt due to the Commonwealth under a provision of this Part, the Commonwealth may not recover the amount or value of that gift as a debt due to the Commonwealth under another provision of this Part.
18 Paragraph 292B(a)
After “Division 4,”, insert “4A,”.
19 After section 303
Insert:
303A How Division applies to gifts that are returned etc. within 6 weeks
Division generally does not apply to gifts returned within 6 weeks of receipt
(1) Subject to subsections (2) to (5), this Division does not apply to a gift that is returned within 6 weeks after its receipt.
Division applies to gifts of foreign property, whether or not returned
(2) This Division applies to a gift of foreign property within the meaning of Subdivision A of Division 4A, whether or not the gift is returned within 6 weeks as mentioned in section 306AA.
(3) If the gift is so returned, any return under this Division that includes the amount or value of the gift must also include a statement to the effect that the gift was so returned.
Division applies to anonymous gifts, whether or not returned or paid to the Commonwealth
(4) This Division applies to an anonymous gift within the meaning of Subdivision B of Division 4A, whether or not the gift is returned, or the amount or value of the gift is paid to the Commonwealth, within 6 weeks as mentioned in section 306AG.
(5) If the gift is so returned, or the amount or value of the gift is so paid to the Commonwealth, any return under this Division that includes the amount or value of the gift must also include a statement to the effect that the gift was so returned, or that the amount or value of the gift was so paid to the Commonwealth.
20 Subsection 304(2)
Omit “15 weeks”, substitute “8 weeks”.
21 Subsection 304(2)
Omit all the words after “in an approved form,”, substitute:
setting out:
(a) the total amount or value of all gifts received by the person during the disclosure period for the election; and
(b) for gifts other than permitted anonymous gifts received by the person during the disclosure period for the election—the number of persons who made the gifts, and the relevant details of each gift; and
(c) for each general public activity or private event at which permitted anonymous gifts were received by the person during the disclosure period for the election:
(i) the date and nature of the activity or event; and
(ii) the total amount of permitted anonymous gifts received at the activity or event; and
(iii) for a private event in relation to which an excess was returned, or the amount of an excess was paid to the Commonwealth, as mentioned in paragraph 306AF(4)(d)—the amount of the excess, and a statement to the effect that the excess was so returned or so paid to the Commonwealth.
22 Subsection 304(3)
Omit “15 weeks”, substitute “8 weeks”.
23 Subsection 304(3)
Omit all the words after “in an approved form,”, substitute:
setting out:
(a) the total amount or value of all gifts received by the group during the disclosure period for the election; and
(b) for gifts other than permitted anonymous gifts received by the group during the disclosure period for the election—the number of persons who made the gifts, and the relevant details of each gift; and
(c) for each general public activity or private event at which permitted anonymous gifts were received by the group during the disclosure period for the election:
(i) the date and nature of the activity or event; and
(ii) the total amount of permitted anonymous gifts received at the activity or event; and
(iii) for a private event in relation to which an excess was returned, or the amount of an excess was paid to the Commonwealth, as mentioned in paragraph 306AF(4)(d)—the amount of the excess, and a statement to the effect that the excess was so returned or so paid to the Commonwealth.
24 Subsection 304(4)
Omit “the purposes of this section”, substitute “the purposes of paragraphs (2)(b) and (3)(b)”.
25 Subparagraph 304(5)(b)(ii)
Omit “$10,000 or less”, substitute “less than $1,000”.
26 Paragraph 304(5)(c)
Omit “$10,000 or less”, substitute “less than $1,000”.
27 Subsection 304(5) (note)
Repeal the note.
28 Paragraph 304(6)(b)
Omit “exceeds $10,000”, substitute “is $1,000 or more”.
29 Paragraph 304(6)(c)
Omit “exceeds $10,000”, substitute “is $1,000 or more”.
30 Subsection 304(6) (note)
Repeal the note.
31 At the end of section 304
Add:
Nil returns
(9) If no details are required to be included in a return under this section in respect of a candidate, the return must still be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.
(10) If no details are required to be included in a return under this section in respect of a group, the return must still be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.
32 Subparagraph 305A(1)(b)(ii)
Omit “more than $10,000”, substitute “$1,000 or more”.
33 Subsection 305A(1) (note)
Repeal the note.
34 Subparagraph 305A(1A)(b)(ii)
Omit “more than $10,000”, substitute “$1,000 or more”.
35 Subsection 305A(1A) (note)
Repeal the note.
36 Paragraph 305A(2)(b)
Omit “more than $10,000”, substitute “$1,000 or more”.
37 Subsection 305A(2) (note)
Repeal the note.
38 Paragraph 305A(3)(a)
Omit “15 weeks”, substitute “8 weeks”.
39 Subsections 305B(1) and (2)
Repeal the subsections, substitute:
Obligation to furnish returns for reporting periods
(1) Subject to subsections (2A) and (2B), if, in a reporting period, a person makes gifts totalling $1,000 or more to the same registered political party, the person must furnish a return to the Electoral Commission within 8 weeks after the end of the reporting period, disclosing all the gifts that the person made to the registered political party during the reporting period.
How section applies to political parties that are related
(1A) If:
(a) 2 or more political parties are related to each other; and
(b) at least one of those parties is a registered political party;
subsection (1) applies as if:
(c) those parties together constituted a single registered political party (rather than being separate political parties); and
(d) a gift made by a person to any of those parties were a gift made by that person to the single registered political party referred to in paragraph (c).
How section applies to gifts made with intention of benefiting a party
(2) If a person makes a gift to any person or body with the intention of benefiting a particular political party, the person is taken for the purpose of this section (including paragraph (1A)(d)) to have made that gift directly to that political party.
Half‑year returns: effect on obligation to furnish full year return
(2A) If a person:
(a) has furnished a return to the Electoral Commission disclosing a gift or gifts that the person made to a registered political party during a reporting period that is the first 6 months of a financial year; and
(b) has not made any further gifts to the registered political party during the remainder of the financial year;
the person is not required to furnish a return to the Electoral Commission under subsection (1) in respect of the reporting period that is the full financial year.
(2B) A return furnished by a person under subsection (1) in respect of a reporting period that is a full financial year does not have to disclose any gift made by the person that has already been disclosed in a return under subsection (1) in respect of the reporting period that is the first 6 months of that financial year.
40 Paragraph 305B(3)(c)
Omit “registered political party or branch”, substitute “political party that received the gift”.
Note: The following heading to subsection 305B(3) is inserted “Content of return”.
41 Subsection 305B(3A)
Repeal the subsection, substitute:
Disclosure of receipt of gifts in certain circumstances
(3A) If:
(a) a person is required to disclose a gift (the ultimate gift) in a return under subsection (1); and
(b) the person received a gift of $1,000 or more (the enabling gift) which the person used to make all or a substantial part of the ultimate gift;
the person must also disclose the relevant details of the enabling gift in the return under subsection (1).
Note 1: The following heading to subsection 305B(4) is inserted “Return to be in approved form”.
Note 2: The following heading to subsection 305B(5) is inserted “Gifts to which section does not apply”.
42 Section 306
Repeal the section, substitute:
Division 4A—Rules about certain gifts and loans
Subdivision A—Gifts of foreign property
306 Interpretation
(1) In this Subdivision:
Australian property means:
(a) money standing to the credit of an account kept in Australia; or
(b) other money (for example, cash) that is located in Australia; or
(c) property, other than money, that is located in Australia.
Note: For how this Subdivision applies to gifts or transfers made using a credit card, see subsection 306AB(4).
candidacy period, in relation to a candidate, means the period:
(a) starting on the earlier of the day on which the person announces that he or she will be a candidate in an election, or the day on which the nomination of the person as a candidate in the election is made; and
(b) ending 30 days after the polling day in the election.
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.
enables: a gift or other transfer enables a person or entity to do a particular thing if all or a substantial part of the gift or transfer enables the person or entity:
(a) to do all or a substantial part of that thing; or
(b) to be wholly or substantially reimbursed for having done that thing.
foreign property means:
(a) money standing to the credit of an account kept outside Australia; or
(b) other money (for example, cash) that is located outside Australia; or
(c) property, other than money, that is located outside Australia.
Note: For how this Subdivision applies to gifts or transfers made using a credit card, see subsection 306AB(4).
gift:
(a) in relation to a candidate, has a meaning affected by subsection (2); and
(b) in relation to a member of a group, has a meaning affected by subsection (3).
group period, in relation to a group, means the period:
(a) starting on the day on which the persons constituting the group make a request under section 168 in relation to an election; and
(b) ending 30 days after the polling day in the election.
political expenditure means expenditure incurred for any of the purposes specified in paragraph 314AEB(1)(a).
(2) A reference in this Subdivision to a gift, in relation to a candidate (or a person acting on behalf of a candidate), does not include:
(a) a gift made for the benefit of a group of which the candidate is a member; or
(b) a gift made in a private capacity to (or for the benefit of) the candidate if the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.
(3) A reference in this Subdivision to a gift, in relation to a member of a group (or a person acting on behalf of a group), is a reference to a gift made for the benefit of the group.
(4) A reference in this Subdivision to a thing done by a person includes a reference to a thing done by a person on behalf of the members of an unincorporated association.
306AA Subdivision does not apply to gifts that are returned within 6 weeks
This Subdivision does not apply to a gift that is returned within 6 weeks after its receipt.
306AB Determining whether a gift or transfer is of Australian or foreign property
Status of property as Australian or foreign to be determined by reference to position immediately before gift or transfer
(1) For the purpose of this Subdivision (but without limiting the effect of subsections (2) and (3)):
(a) a gift or transfer of property is a gift or transfer of Australian property if the property was Australian property immediately before the gift or transfer was made; and
(b) a gift or transfer of property is a gift or transfer of foreign property if the property was foreign property immediately before the gift or transfer was made.
Transferring foreign property to enable another person to make a gift
(2) For the purpose of this Subdivision, if:
(a) a person (the donor) transfers foreign property (the primary transfer) to another person (the first recipient); and
(b) the donor’s main purpose in making the primary transfer is to enable (directly or indirectly) the first recipient, or another person, to make a gift to another person or entity (the ultimate recipient); and
(c) the first recipient, or another person, makes a gift (the ultimate gift) to the ultimate recipient; and
(d) the primary transfer enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift;
the ultimate gift is taken to be a gift of foreign property.
Changing location of foreign property etc. prior to making a gift or transfer
(3) For the purpose of this Subdivision, if:
(a) a person:
(i) changes the location of property so that it becomes Australian property; or
(ii) uses foreign property to acquire Australian property; and
(b) the person’s main purpose in changing the location of the property, or in acquiring the Australian property, was to enable the person to make a gift or transfer of property that would be Australian property rather than foreign property; and
(c) the person makes a gift or transfer of Australian property in accordance with that purpose;
the gift or transfer is taken to be a gift or transfer of foreign property.
How Subdivision applies to gifts or transfers made by credit card
(4) This Subdivision applies to a gift or transfer of money made by use of a credit card as if the gift or transfer were of money standing to the credit of an account kept in the country in which the credit card is based.
306AC Gifts of foreign property: when unlawful for political party, candidate etc. to receive gift
When receiving gift is unlawful
(1) It is unlawful for a person or entity to receive a gift of foreign property in any of the following circumstances:
(a) the gift is received by a registered political party (or by a person acting on behalf of a registered political party);
(b) the gift is received by a State branch of a registered political party (or by a person acting on behalf of a State branch of a registered political party);
(c) the gift is received by a candidate (or by a person acting on behalf of a candidate) during the candidacy period;
(d) the gift is received by a member of a group (or by a person acting on behalf of a group) during the group period.
Liability for unlawful receipt of gift
(2) If a person or entity specified in column 2 of an item in the following table receives a gift that, under subsection (1), it is unlawful for the person or entity to receive, an amount equal to the amount or value of the gift is payable to the Commonwealth by the person or persons specified in column 3 of that item.
| Liability for unlawful receipt of gift |
| Column 1 Item | Column 2 If the recipient is ... | Column 3 the amount is payable by ... |
| 1 | a registered political party that is a body corporate (or a person acting on behalf of such a party) | the registered political party. |
| 2 | a registered political party that is not a body corporate (or a person acting on behalf of such a party) | the agent of the registered political party. |
| 3 | a State branch of a registered political party, being a State branch that is a body corporate (or a person acting on behalf of such a branch) | the State branch. |
| 4 | a State branch of a registered political party, being a State branch that is not a body corporate (or a person acting on behalf of such a branch) | the agent of the State branch. |
| 5 | a candidate (or a person acting on behalf of a candidate) | the candidate and the agent of the candidate. |
| 6 | a member of a group (or a person acting on behalf of a group) | the members of the group and the agent of the group. |
(3) If, under subsection (2), an amount is payable to the Commonwealth by 2 or more persons, those persons are jointly and severally liable for the payment of the amount.
(4) An amount that, under subsection (2), is payable by a person or persons to the Commonwealth may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against that person or any one or more of those persons.
306AD Gifts of foreign property made to enable incurring of political expenditure: when unlawful to use or receive gift
Persons other than candidates and members of groups (current and former) and associated entities: when incurring expenditure is unlawful
(1) It is unlawful for a person (the recipient) to incur an amount of political expenditure if:
(a) the recipient:
(i) is not, and has not at any time been, a candidate or a member of a group; and
(ii) is not an associated entity; and
(b) a gift of foreign property received by the recipient from another person (the donor) enabled the recipient to incur the expenditure; and
(c) the donor’s main purpose in making the gift of foreign property was to enable the recipient to incur political expenditure; and
(d) the recipient is required by section 314AEB to provide a return setting out details of the expenditure (whether or not that return has been provided).
Candidates and members of groups (current and former): when incurring expenditure is unlawful
(2) It is unlawful for a person (the recipient) to incur an amount of political expenditure if:
(a) the recipient is, or has at any time been, a candidate or a member of a group; and
(b) a gift of foreign property received by the recipient from another person (the donor) enabled the recipient to incur the expenditure; and
(c) the donor’s main purpose in making the gift of foreign property was to enable the recipient to incur political expenditure.
Associated entities: when receiving gift is unlawful
(3) It is unlawful for an associated entity to receive a gift of foreign property from a person (the donor) if the donor’s main purpose in making the gift is to enable the associated entity to incur political expenditure.
(4) In subsections (3) and (6), a reference to an associated entity receiving a gift or incurring expenditure is, if the entity is not a body corporate, a reference to a person receiving a gift or incurring expenditure on behalf of the entity.
Liability for unlawful incurring of expenditure or receipt of gift
(5) If a person incurs an amount of political expenditure that is unlawful under subsection (1) or (2), an amount equal to the amount of the expenditure is payable to the Commonwealth by the person.
(6) If an associated entity receives a gift that, under subsection (3), it is unlawful for the associated entity to receive, an amount equal to the amount or value of the gift is payable to the Commonwealth in accordance with whichever of the following paragraphs applies:
(a) if the associated entity is a body corporate, or is the trustee of a trust—the amount is payable to the Commonwealth by the associated entity;
(b) if the associated entity is not a body corporate—the amount is payable to the Commonwealth by the financial controller of the associated entity.
(7) An amount that, under subsection (5) or (6), is payable by a person to the Commonwealth may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against that person.
Subdivision B—Anonymous gifts
306AE Interpretation
(1) In this Subdivision:
anonymous gift: a gift is an anonymous gift if the gift is not made by a known donor.
candidacy period, in relation to a candidate, means the period:
(a) starting on the earlier of the day on which the person announces that he or she will be a candidate in an election, or the day on which the nomination of the person as a candidate in the election is made; and
(b) ending 30 days after the polling day in the election.
enables: a gift enables a person or entity to do a particular thing if all or a substantial part of the gift enables the person or entity:
(a) to do all or a substantial part of that thing; or
(b) to be wholly or substantially reimbursed for having done that thing.
gift:
(a) in relation to a candidate, has a meaning affected by subsection (2); and
(b) in relation to a member of a group, has a meaning affected by subsection (3).
group period, in relation to a group, means the period:
(a) starting on the day on which the persons constituting the group make a request under section 168 in relation to an election; and
(b) ending 30 days after the polling day in the election.
known donor: a gift is made by a known donor if:
(a) at the time when the gift is made:
(i) the person making the gift (the donor) gives the donor’s name and address to the person receiving the gift; and
(ii) the person receiving the gift has no grounds to believe that the name and address so given are not the donor’s true name and address; or
(b) the name and address of the donor are otherwise known to the person receiving the gift.
political expenditure means expenditure incurred for any of the purposes specified in paragraph 314AEB(1)(a).
(2) A reference in this Subdivision to a gift, in relation to a candidate (or a person acting on behalf of a candidate), does not include:
(a) a gift made for the benefit of a group of which the candidate is a member; or
(b) a gift made in a private capacity to (or for the benefit of) the candidate if the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.
(3) A reference in this Subdivision to a gift, in relation to a member of a group (or a person acting on behalf of a group), is a reference to a gift made for the benefit of the group.
(4) A reference in the definition of known donor in subsection (1) to the donor’s name and address is:
(a) in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—a reference to:
(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
(b) in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to:
(i) the names and addresses of the trustees of the fund or of the funds of the foundation; and
(ii) the title or other description of the trust fund or the name of the foundation, as the case requires.
(5) A reference in this Subdivision to a thing done by a person includes a reference to a thing done by a person on behalf of the members of an unincorporated association.
306AF Meaning of permitted anonymous gift
Anonymous gifts made at general public activities
(1) An anonymous gift received by or on behalf of a person or entity (the recipient) is a permitted anonymous gift if:
(a) the amount of the gift is $50 or less; and
(b) the gift is received at a general public activity (see subsection (3)); and
(c) a person involved in the organisation of the activity makes a record, for the purpose of this section, of:
(i) the date, location and nature of the activity; and
(ii) the names and addresses of the people involved in the collection or receipt of gifts at the activity; and
(iii) the total amount of anonymous gifts received by or on behalf of the recipient at the activity.
(2) If:
(a) a particular person makes 2 or more gifts for the recipient at the activity; and
(b) a person involved in the collection or receipt of gifts at the activity knows that the gifts are from the same person, and that the total of the gifts exceeds $50;
then, despite subsection (1), so much of those gifts as equals the excess is not a permitted anonymous gift.
(3) A general public activity is an activity that is conducted in a public place or in some other place to which members of the public have ready access.
Note: General public activities include, for example, street stalls and stalls at fetes.
Anonymous gifts made at private events
(4) An anonymous gift received by or on behalf of a person or entity (the recipient) is a permitted anonymous gift if:
(a) the amount of the gift is $50 or less; and
(b) the gift is received at a private event (see subsection (6)); and
(c) a person involved in the organisation of the event makes a record, for the purpose of this section, of:
(i) the date, location and nature of the event; and
(ii) the number of people who attended the event; and
(iii) the names and addresses of the people involved in the collection or receipt of gifts at the event; and
(iv) the total amount of anonymous gifts received by or on behalf of the recipient at the event; and
(d) if the total amount of anonymous gifts received by or on behalf of the recipient at the event exceeds the amount worked out by multiplying $50 by the number of people who attend the event—within 6 weeks of the event:
(i) the excess is returned; or
(ii) if it is not possible or practicable to return the excess—the amount of the excess is paid to the Commonwealth.
(5) If:
(a) a particular person makes 2 or more gifts for the recipient at the event; and
(b) a person involved in the collection or receipt of gifts at the event knows that the gifts are from the same person, and that the total of the gifts exceeds $50;
then, despite subsection (4), so much of those gifts as equals the excess is not a permitted anonymous gift.
(6) A private event is a function, meeting or other event that is not a general public activity.
Section only applies to gifts of money
(7) This section only applies in relation to gifts of money.
306AG Subdivision does not apply to gifts that are returned or paid to Commonwealth within 6 weeks
This Subdivision does not apply to a gift if, within 6 weeks of the receipt of the gift:
(a) the gift is returned; or
(b) if it is not possible or practicable to return the gift—the amount or value of the gift is paid to the Commonwealth.
306AH Anonymous gifts: when unlawful for political party, candidate etc. to receive gift
When receiving gift is unlawful
(1) It is unlawful for an anonymous gift that is not a permitted anonymous gift to be received in any of the following circumstances:
(a) the gift is received by a registered political party (or by a person acting on behalf of a registered political party);
(b) the gift is received by a State branch of a registered political party (or by a person acting on behalf of a State branch of a registered political party);
(c) the gift is received by a candidate (or by a person acting on behalf of a candidate) during the candidacy period;
(d) the gift is received by a member of a group (or by a person acting on behalf of a group) during the group period.
Liability for unlawful receipt of gift
(2) If a person or entity specified in column 2 of an item in the following table receives a gift that, under subsection (1), it is unlawful for the person or entity to receive, an amount equal to the amount or value of the gift is payable to the Commonwealth by the person or persons specified in column 3 of that item.
| Liability for unlawful receipt of gift |
| Column 1 Item | Column 2 If the recipient is ... | Column 3 the amount is payable by ... |
| 1 | a registered political party that is a body corporate (or a person acting on behalf of such a party) | the registered political party. |
| 2 | a registered political party that is not a body corporate (or a person acting on behalf of such a party) | the agent of the registered political party. |
| 3 | a State branch of a registered political party, being a State branch that is a body corporate (or a person acting on behalf of such a branch) | the State branch. |
| 4 | a State branch of a registered political party, being a State branch that is not a body corporate (or a person acting on behalf of such a branch) | the agent of the State branch. |
| 5 | a candidate (or a person acting on behalf of a candidate) | the candidate and the agent of the candidate. |
| 6 | a member of a group (or a person acting on behalf of a group) | the members of the group and the agent of the group. |
(3) If, under subsection (2), an amount is payable to the Commonwealth by 2 or more persons, those persons are jointly and severally liable for the payment of the amount.
(4) An amount that, under subsection (2), is payable by a person or persons to the Commonwealth may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against that person or any one or more of those persons.
306AI Anonymous gifts: when unlawful for political party, candidate etc. to receive gift made using anonymous gift
When receiving gift is unlawful
(1) It is unlawful for a person or entity to receive a gift (the political gift) from a person (the donor) if:
(a) the political gift is received in any of the following circumstances:
(i) the gift is received by a registered political party (or by a person acting on behalf of a registered political party);
(ii) the gift is received by a State branch of a registered political party (or by a person acting on behalf of a State branch of a registered political party);
(iii) the gift is received by a candidate (or by a person acting on behalf of a candidate) during the candidacy period;
(iv) the gift is received by a member of a group (or by a person acting on behalf of a group) during the group period; and
(b) an anonymous gift received by the donor enabled the donor to make the political gift; and
(c) the anonymous gift is not a permitted anonymous gift.
Liability for unlawful receipt of gift
(2) If a person or entity specified in column 2 of an item in the following table receives a gift that, under subsection (1), it is unlawful for the person or entity to receive, an amount equal to the amount or value of the gift is payable to the Commonwealth by the person or persons specified in column 3 of that item.
| Liability for unlawful receipt of gift |
| Column 1 Item | Column 2 If the recipient is ... | Column 3 the amount is payable by ... |
| 1 | a registered political party that is a body corporate (or a person acting on behalf of such a party) | the registered political party. |
| 2 | a registered political party that is not a body corporate (or a person acting on behalf of such a party) | the agent of the registered political party. |
| 3 | a State branch of a registered political party, being a State branch that is a body corporate (or a person acting on behalf of such a branch) | the State branch. |
| 4 | a State branch of a registered political party, being a State branch that is not a body corporate (or a person acting on behalf of such a branch) | the agent of the State branch. |
| 5 | a candidate (or a person acting on behalf of a candidate) | the candidate and the agent of the candidate. |
| 6 | a member of a group (or a person acting on behalf of a group) | the members of the group and the agent of the group. |
(3) If, under subsection (2), an amount is payable to the Commonwealth by 2 or more persons, those persons are jointly and severally liable for the payment of the amount.
(4) An amount that, under subsection (2), is payable by a person or persons to the Commonwealth may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against that person or any one or more of those persons.
306AJ Anonymous gifts: when unlawful for person to incur political expenditure using anonymous gift
Persons other than candidates and members of groups (current and former): when incurring expenditure is unlawful
(1) It is unlawful for a person to incur an amount of political expenditure if:
(a) the person is not, and has not at any time been, a candidate or a member of a group; and
(b) an anonymous gift received by the person enabled the person to incur the expenditure; and
(c) the anonymous gift is not a permitted anonymous gift; and
(d) the person is required by section 314AEB to provide a return setting out details of the expenditure (whether or not that return has been provided).
Candidates and members of groups (current and former): when incurring expenditure is unlawful
(2) It is unlawful for a person to incur an amount of political expenditure if:
(a) the person is, or has at any time been, a candidate or a member of a group; and
(b) an anonymous gift received by the person enabled the person to incur the expenditure; and
(c) the anonymous gift is not a permitted anonymous gift.
Liability for unlawful incurring of expenditure
(3) If a person incurs an amount of political expenditure that is unlawful under subsection (1) or (2), an amount equal to the amount of the expenditure is payable to the Commonwealth by the person.
(4) An amount that, under subsection (3), is payable by a person to the Commonwealth may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against that person.
Subdivision C—Other gifts and loans
43 Subsection 306A(1)
Omit “more than $10,000”, substitute “$1,000 or more”.
44 Subsection 306A(1) (note)
Repeal the note.
45 Subsection 306A(2)
Omit “more than $10,000”, substitute “$1,000 or more”.
46 Subsection 306A(2) (note)
Repeal the note.
47 Paragraph 306B(a)
Omit “exceeds $10,000”, substitute “is $1,000 or more”.
48 Section 306B (note 3)
Repeal the note.
49 Section 307
Repeal the section.
50 Section 308
Repeal the section.
51 Subsection 309(1A)
After “electoral expenditure”, insert “, of a kind mentioned in paragraph (a) of the definition of that expression,”.
52 Subsection 309(2)
Omit “15 weeks”, substitute “8 weeks”.
53 Subsection 309(2)
After “electoral expenditure”, insert “, of a kind mentioned in paragraph (a) of the definition of that expression,”.
54 Subsection 309(3)
Omit “15 weeks”, substitute “8 weeks”.
55 Subsection 309(3)
After “electoral expenditure”, insert “, of a kind mentioned in paragraph (a) of the definition of that expression,”.
56 Subsection 311A(2)
Omit “$10,000 or less”, substitute “less than $1,000”.
57 Subsection 311A(2) (note)
Repeal the note.
58 Division 5A of Part XX (heading)
Repeal the heading, substitute:
Division 5A—Returns for reporting periods by registered political parties and other persons
59 After section 314AA
Insert:
314AAA How Division applies to gifts that are returned etc. within 6 weeks
Division generally does not apply to gifts returned within 6 weeks of receipt
(1) Subject to subsections (2) to (5), this Division does not apply to a gift that is returned within 6 weeks after its receipt.
Division applies to gifts of foreign property, whether or not returned
(2) This Division applies to a gift of foreign property within the meaning of Subdivision A of Division 4A, whether or not the gift is returned within 6 weeks as mentioned in section 306AA.
(3) If the gift is so returned, any return under this Division that includes the amount or value of the gift must also include a statement to the effect that the gift was so returned.
Division applies to anonymous gifts, whether or not returned or paid to the Commonwealth
(4) This Division applies to an anonymous gift within the meaning of Subdivision B of Division 4A, whether or not the gift is returned, or the amount or value of the gift is paid to the Commonwealth, within 6 weeks as mentioned in section 306AG.
(5) If the gift is so returned, or the amount or value of the gift is so paid to the Commonwealth, any return under this Division that includes the amount or value of the gift must also include a statement to the effect that the gift was so returned, or that the amount or value of the gift was so paid to the Commonwealth.
60 Subsection 314AB(1)
Omit “within 16 weeks after the end of each financial year beginning on or after 1 July 1992”, substitute “within 8 weeks after the end of each reporting period”.
Note: The heading to section 314AB is altered by omitting “Annual returns” and substituting “Returns for reporting periods”.
61 Paragraph 314AB(1)(b)
Omit “audited annual accounts”, substitute “audited accounts, for the reporting period,”.
62 Subsection 314AB(2)
Omit “financial year” (wherever occurring), substitute “reporting period”.
63 Subsection 314AC(1)
Omit “financial year is more than $10,000”, substitute “reporting period is $1,000 or more”.
64 Subsection 314AC(1) (note)
Repeal the note.
65 Subsection 314AC(2)
Repeal the subsection.
66 At the end of section 314AC
Add:
(4) If the total amount received by, or on behalf of, the party during a reporting period includes one or more permitted anonymous gifts, the return must include, for each general public activity or private event at which the gifts were received:
(a) the date and nature of the activity or event; and
(b) the total amount of permitted anonymous gifts received at the activity or event; and
(c) for a private event in relation to which an excess was returned, or the amount of an excess was paid to the Commonwealth, as mentioned in paragraph 306AF(4)(d)—the amount of the excess, and a statement to the effect that the excess was so returned or so paid to the Commonwealth.
67 Subsection 314AE(1)
Omit “financial year is more than $10,000”, substitute “reporting period is $1,000 or more”.
68 Subsection 314AE(1) (note)
Repeal the note.
69 Subsection 314AEA(1)
Omit “financial year” (wherever occurring), substitute “reporting period”.
Note: The heading to section 314AEA is altered by omitting “Annual returns” and substituting “Returns for reporting periods”.
70 Subsection 314AEA(1)
Omit “16 weeks”, substitute “8 weeks”.
71 Paragraph 314AEA(3)(d)
Omit “financial year”, substitute “reporting period”.
72 Subsection 314AEB(1)
Omit “financial year”, substitute “reporting period”.
Note: The heading to section 314AEB is altered by omitting “Annual returns” and substituting “Returns for reporting periods”.
73 Paragraph 314AEB(1)(a)
Omit “the year”, substitute “the reporting period”.
74 Paragraphs 314AEB(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) the total amount of expenditure of all of the kinds referred to in paragraph (a) incurred by the person during the reporting period was $1,000 or more.
75 Subsection 314AEB(1) (note)
Repeal the note.
76 After subsection 314AEB(1)
Insert:
(1A) An amount of expenditure incurred with the authority of a person is not counted in the total amount referred to in paragraph (1)(b) if, at the time the person gave authority to incur the amount of expenditure, the person was:
(a) a registered political party; or
(b) a State branch of a registered political party; or
(c) the Commonwealth (including a Department of the Commonwealth, an Executive Agency or a Statutory Agency (within the meaning of the Public Service Act 1999)); or
(d) a member of the House of Representatives or the Senate; or
(e) a candidate in an election; or
(f) a member of a group.
77 Subsection 314AEB(2)
Omit “financial year”, substitute “reporting period”.
78 Paragraph 314AEB(3)(a)
Omit “20 weeks after the end of the financial year”, substitute “8 weeks after the end of the reporting period”.
79 Subsection 314AEC(1)
Omit “financial year”, substitute “reporting period”.
Note: The heading to section 314AEC is altered by omitting “Annual returns” and substituting “Returns for reporting periods”.
80 Paragraphs 314AEC(1)(a) and (b)
Omit “the year”, substitute “the reporting period”.
81 Paragraph 314AEC(1)(c)
Repeal the paragraph, substitute:
(c) either or both of the following applies:
(i) there is at least one major donor in relation to the person and the reporting period;
(ii) the gifts referred to in paragraph (b) include one or more permitted anonymous gifts.
82 Subsection 314AEC(1) (note)
Repeal the note.
83 After subsection 314AEC(1)
Insert:
(1A) For the purpose of this section, a person (the donor) is a major donor in relation to the person and the reporting period referred to in subsection (1) if the total amount of the gifts referred to in paragraph (1)(b) that were made by the donor to the person is $1,000 or more.
84 Subsection 314AEC(2)
Omit all the words from and including “The person” to and including “paragraph (1)(b):”, substitute:
If there is at least one major donor in relation to the person and the reporting period, the return for the reporting period must include the following details in relation to each gift referred to in paragraph (1)(b) that was made by a major donor:
85 Subsection 314AEC(2) (note)
Repeal the note.
86 After subsection 314AEC(2)
Insert:
(2A) If the gifts referred to in paragraph (1)(b) include one or more permitted anonymous gifts, the return for the reporting period must include, for each general public activity or private event at which the gifts were received:
(a) the date and nature of the activity or event; and
(b) the total amount of permitted anonymous gifts received at the activity or event; and
(c) the total amount of permitted anonymous gifts received at the activity or event that the person used for a purpose referred to in paragraph (1)(b); and
(d) for a private event in relation to which an excess was returned, or the amount of an excess was paid to the Commonwealth, as mentioned in paragraph 306AF(4)(d)—the amount of the excess, and a statement to the effect that the excess was so returned or so paid to the Commonwealth.
87 Paragraph 314AEC(3)(a)
Omit “20 weeks after the end of the financial year”, substitute “8 weeks after the end of the reporting period”.
88 Subsection 314AEC(4)
Repeal the subsection.
89 Subsections 315(1) to (4)
Repeal the subsections, substitute:
Failing to furnish a Division 4, 5 or 5A return
(1) A person commits an offence if:
(a) the person is required to furnish a return under Division 4, 5 or 5A; and
(b) the person fails to furnish the return to the Electoral Commission by the time required by that Division.
Penalty: 120 penalty units.
Furnishing a Division 4, 5 or 5A return that is incomplete
(2) A person commits an offence if:
(a) the person is required to furnish a return under Division 4, 5 or 5A; and
(b) the person furnishes a return to the Electoral Commission; and
(c) the return purports to be a return under that Division; and
(d) the return is incomplete.
Penalty: 120 penalty units.
(3) For the purpose of subsection (2) a return is incomplete if it does not contain all the information that is required to be included in the return by Division 4, 5 or 5A (as the case requires) or by the approved form for the return.
Failing to retain records as required by section 317
(4) A person commits an offence if:
(a) the person is required by section 317 to retain records; and
(b) the person fails to retain the records as required by that section.
Penalty: 120 penalty units.
Furnishing a Division 3 claim that is false or misleading
(4A) A person commits an offence if:
(a) the person lodges a claim with the Electoral Commission; and
(b) the claim purports to be a claim under Division 3; and
(c) the person knows that:
(i) the claim is false or misleading in a material particular; or
(ii) the claim omits a matter or thing without which the claim is misleading in a material particular.
Penalty: Imprisonment for 2 years or 240 penalty units, or both.
Note: See also subsections (5) and (6).
Furnishing a Division 4, 5 or 5A return that is false or misleading
(4B) A person commits an offence if:
(a) the person furnishes a return to the Electoral Commission; and
(b) the return purports to be a return under Division 4, 5 or 5A; and
(c) the person knows that:
(i) the return is false or misleading in a material particular; or
(ii) the return omits a matter or thing without which the return is misleading in a material particular.
Penalty: Imprisonment for 12 months or 120 penalty units, or both.
Making a section 306AF record that is false or misleading
(4C) A person commits an offence if:
(a) the person makes a record in relation to an activity or event; and
(b) the record purports to be made for the purpose of section 306AF; and
(c) the person knows that:
(i) the record is false or misleading in a material particular; or
(ii) the record omits a matter or thing without which the record is misleading in a material particular.
Penalty: Imprisonment for 12 months or 120 penalty units, or both.
90 Subsection 315(5)
Omit “subsection (3) or (4)”, substitute “subsection (4A)”.
Note: The following heading to subsection 315(5) is inserted “Additional orders if person convicted of offence against subsection (4A)”.
91 Subsection 315(6A) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years or 240 penalty units, or both.
Note: The following heading to subsection 315(6A) is inserted “Giving another person false or misleading information for a Division 3 claim”.
92 Subsection 315(7) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 120 penalty units, or both.
Note 1: The following heading to subsection 315(7) is inserted “Giving another person false or misleading information for a Division 4, 5 or 5A return”.
Note 2: The following heading to subsection 315(8) is inserted “Effect of continued failure to furnish a Division 4, 5 or 5A return”.
93 After subsection 315(10)
Insert:
Unlawful receipt of gift: situations other than when political party, State branch or associated entity is not a body corporate, or when gift is received by person on behalf of group
(10A) A person commits an offence if:
(a) the person (or a person acting on behalf of the person, but not a person acting on behalf of a group) receives a gift; and
(b) the receipt of the gift is unlawful under subsection 306AC(1), 306AD(3), 306AH(1) or 306AI(1); and
(c) the person is:
(i) a registered political party that is a body corporate; or
(ii) a State branch of a registered political party, being a State branch that is a body corporate; or
(iii) a candidate; or
(iv) a member of a group; or
(v) an associated entity that is a body corporate.
Penalty: Imprisonment for 12 months or 240 penalty units, or both.
Unlawful receipt of gift: registered political parties, State branches and associated entities that are not bodies corporate
(10B) A person commits an offence if:
(a) a gift is received by (or by a person acting on behalf of) any of the following (the recipient):
(i) a registered political party that is not a body corporate;
(ii) a State branch of a registered political party, being a State branch that is not a body corporate;
(iii) an associated entity that is not a body corporate; and
(b) the receipt of the gift is unlawful under subsection 306AC(1), 306AD(3), 306AH(1) or 306AI(1); and
(c) the recipient is specified in column 2 of an item in the following table, and the person is specified in column 3 of that item.
| Liability for unlawful receipt of gift |
| Column 1 Item | Column 2 If the recipient is ... | Column 3 the person is liable for the offence if the person is ... |
| 1 | a registered political party | the registered officer of the party, the secretary of the party (as defined in section 123), or the agent of the party. |
| 2 | a State branch of a registered political party, being a State branch that itself is a registered political party | the registered officer of the party that is the State branch, the secretary of that party (as defined in section 123), or the agent of that party. |
| 3 | a State branch of a registered political party, being a State branch that is not itself a registered political party | a member of the executive committee of the State branch. |
| 4 | an associated entity | the financial controller of the associated entity. |
Penalty: Imprisonment for 12 months or 240 penalty units, or both.
(10C) A person does not commit an offence against subsection (10B) if:
(a) the person does not know of the circumstances because of which the receipt of the gift is unlawful; or
(b) the person takes all reasonable steps to avoid those circumstances occurring.
Note: A defendant bears an evidential burden of proof in relation to the matters in subsection (10C) (see subsection 13.3(3) of the Criminal Code).
Unlawful receipt of gift: person acting on behalf of group
(10D) A person commits an offence if:
(a) the person receives a gift; and
(b) in receiving the gift, the person is acting on behalf of a group; and
(c) the receipt of the gift is unlawful under subsection 306AC(1), 306AH(1) or 306AI(1).
Penalty: Imprisonment for 12 months or 240 penalty units, or both.
Unlawful incurring of expenditure
(10E) A person commits an offence if:
(a) the person incurs expenditure; and
(b) the incurring of the expenditure is unlawful under subsection 306AD(1) or (2) or 306AJ(1) or (2).
Penalty: Imprisonment for 12 months or 240 penalty units, or both.
Note: The following heading to subsection 315(11) is inserted “Prosecutions to be brought within 3 years”.
94 After section 315
Insert:
315AA Recovery of undisclosed gifts
(1) Subject to subsection (2), for the purpose of this section, a gift is an undisclosed gift if:
(a) any of the following provisions (the disclosure provision) requires details (however described) of the gift to be included in a return:
(i) subsection 304(2) or (3);
(ii) section 314AC;
(iii) section 314AC, as it applies for the purpose of section 314AEA;
(iv) section 314AEC; and
(b) either:
(i) the return has not been furnished by the time required by this Part; or
(ii) the return has been furnished by that time, but it does not include the required details of the gift.
(2) If:
(a) a notice is served on a person under subsection 318(2) in relation to a return; and
(b) the notice requires the person to furnish certain particulars in relation to a gift within a specified period (the extension period);
then:
(c) paragraph (1)(b) of this section has effect in relation to the return as if it referred to the end of the extension period (rather than the time by which the return is required to be furnished); and
(d) if the particulars are furnished as required by the notice at or before the end of the extension period, subsection (1) has effect as if those particulars had been included in the return.
(3) If the disclosure provision in relation to an undisclosed gift is specified in column 2 of an item in the following table, an amount equal to the amount or value of the gift is payable to the Commonwealth by the person or persons specified in column 3 of that item.
| Liability for receipt of undisclosed gifts |
| Column 1 Item | Column 2 If the disclosure provision is ... | Column 3 the amount is payable by ... |
| 1 | subsection 304(2) | the agent who is required to furnish the return. |
| 2 | subsection 304(3) | the agent who is required to furnish the return. |
| 3 | section 314AC | the agent who is required to furnish the return. |
| 4 | section 314AC, as it applies for the purpose of section 314AEA | the financial controller who is required to furnish the return. |
| 5 | section 314AEC | the person who is required to furnish the return. |
(4) An amount that, under subsection (3), is payable by a person or persons to the Commonwealth may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against that person.
95 Subsection 315A(1)
Repeal the subsection, substitute:
(1) If, under a provision of this Part, an amount may be recovered by the Commonwealth as a debt due to the Commonwealth, an action to recover the amount may be brought in the name of the Commonwealth by the Electoral Commissioner.
Note: The heading to section 315A is replaced by the heading “Recovery of amounts due to Commonwealth”.
96 Subsections 316(2A) and (2B)
Repeal the subsections, substitute:
(2A) An authorised officer may, for the purpose of finding out whether a person or entity specified in column 2 of an item in the following table has complied with this Part or has done something that is unlawful under this Part, by notice to a person who is, or has at any time been, a person specified in column 3 of that item, require the person:
(a) to produce, within the period and in the manner specified in the notice, the documents or other things referred to in the notice; or
(b) to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce the documents or other things referred to in the notice.
| Use of compliance powers |
| Column 1 Item | Column 2 For compliance by these persons and entities ... | Column 3 requirements may be made of these persons ... |
| 1 | a registered political party or the agent of a registered political party | the agent of the party, any officer of the party, any person acting on behalf of the party, or any candidate endorsed by the party. |
| 2 | a State branch of a registered political party or the agent of a State branch of a registered political party | the agent of the branch, any officer of the branch, any person acting on behalf of the branch, or any candidate endorsed by the branch. |
| 3 | a candidate or the agent of a candidate | the candidate, the agent of the candidate, or any person acting on behalf of the candidate. |
| 4 | a member of a group or the agent of a group | any member of the group, the agent of the group, or any person acting on behalf of the group. |
| 5 | an associated entity or the financial controller of an associated entity | the financial controller of the associated entity, any officer of the associated entity, or any person acting on behalf of the associated entity. |
| 6 | a person who has furnished a return under section 305A, 305B, 314AEB or 314AEC | the person, any person acting on behalf of the person or (if the person is a body corporate) any officer of the person. |
| 7 | a prescribed person | the prescribed person, any person acting on behalf of the prescribed person or (if the prescribed person is a body corporate) any officer of the prescribed person. |
(2AA) A notice to a person under subsection (2A) is to be served personally or by post on the person.
(2AB) Subsection (2A), as it applies in relation to a person who has furnished a return under section 305A, 305B, 314AEB or 314AEC, is not limited just to compliance in relation to that return or the period to which that return relates.
(2B) If a notice under subsection (2A) requires an officer of a political party or branch (other than an agent) to appear before an authorised officer under paragraph (2A)(b), then the agent of the political party or branch is entitled:
(a) to attend at the proceeding under paragraph (2A)(b); or
(b) to nominate another person, in writing, to attend on behalf of the agent.
97 Subsection 316(2C)
Omit “(2A)(d)”, substitute “(2A)(b)”.
98 Subsection 316(5) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
99 Subsection 316(5A) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
100 Subsections 316(5B) and (5C)
Repeal the subsections.
101 Subsection 316(6) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
102 After subsection 319A(4)
Insert:
(4A) However, if the amendment of the claim would increase the overall amount of electoral expenditure claimed, election funding for the amount of the increase is not payable.
103 Subsection 319A(9)
Omit “subsection 315(2), (3) or (4)”, substitute “subsection 315(2), (4A) or (4B)”.
104 Subsections 320(4) and (5)
Repeal the subsections, substitute:
(4) Nothing in this section requires the Electoral Commission to make a copy of a claim or return available for inspection or perusal, or to provide a copy of a claim or return, sooner after lodgement of the claim or return than is reasonably practicable.
105 Section 321A
Repeal the section.
106 Section 384
Repeal the section.
Part 2—Application and saving provisions
107 Amendments applying to reporting periods starting on or after 1 July 2016
The amendments made by the following items of this Schedule apply in relation to reporting periods that start on or after 1 July 2016:
(a) items 39 to 41;
(b) items 60 to 88.
108 Amendments applying to financial years starting on or after 1 July 2016
The amendments made by items 56 and 57 of this Schedule apply in relation to financial years that start on or after 1 July 2016.
109 Amendments applying to elections the writs for which are issued on or after 1 July 2016
The amendments made by the following items of this Schedule apply in relation to elections the writs for which are issued on or after 1 July 2016:
(a) item 7;
(b) item 9;
(c) item 12;
(d) item 14;
(e) items 20 to 38;
(f) items 50 to 55;
(g) item 102.
110 Amendments applying to gifts etc. made on or after 1 July 2016
(1) The amendments made by the following items of this Schedule apply to gifts, transfers or loans made or received, or expenditure incurred, on or after 1 July 2016:
(a) item 8;
(b) items 10 and 11;
(c) item 19;
(d) items 42 to 48;
(e) item 59.
(2) To avoid doubt, a gift made before 1 July 2016 is not a permitted anonymous gift (including for the purpose of section 314AEC of the Commonwealth Electoral Act 1918 (as amended by this Schedule)).
111 Amendments applying to acts or omissions occurring on or after 1 July 2016
The amendments made by the following items of this Schedule apply in relation to acts and omissions that occur on or after 1 July 2016:
(a) items 89 to 93;
(b) items 98 to 101;
(c) item 103;
(d) item 106.
112 Amendment applying to returns a person becomes required to furnish on or after 1 July 2016
The amendment made by item 94 of this Schedule applies in relation to returns a person becomes required to furnish on or after 1 July 2016.
113 Saving of notices under subsection 316(2A)
A notice given before 1 July 2016 under subsection 316(2A) of the Commonwealth Electoral Act 1918 as then in force has effect on and after that day as if it had been given under that subsection as amended by item 96 of this Schedule.
Schedule 2—Amendments relating to misleading or deceptive publication
Commonwealth Electoral Act 1918
1 Subsection 329(1)
Repeal the subsection, substitute:
(1) A person commits an offence if:
(a) the person either:
(i) prints, publishes or distributes; or
(ii) causes, permits or authorises to be printed, published or distributed;
an electoral advertisement; and
(b) the electoral advertisement is intended to affect voting in an election; and
(c) the electoral advertisement contains a statement purporting to be fact that is inaccurate and misleading to a material extent.
2 Subsection 329(5)
Omit “matter or thing was likely to mislead an elector in relation to the casting of a vote”, substitute “statement to which the offence relates was inaccurate and misleading to a material extent”.
3 Subsection 329(6)
Repeal the subsection, substitute:
(6) In this section:
advertiser, in relation to an electoral advertisement, means the person who authorised the advertisement.
electoral advertisement means any matter or thing containing electoral matter that is printed, published or distributed during the relevant period in relation to an election under this Act, and may include written documents, audio recordings, video recordings and multimedia material.
publish includes publish by radio, television or telephone or on the internet.
4 At the end of section 329
Add:
(7) If the Electoral Commissioner is satisfied that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the advertiser to do either or both of the following:
(a) withdraw the advertisement from further publication;
(b) publish a retraction in specified terms and in a specified manner and form.
(8) In proceedings for an offence under this section arising from an electoral advertisement, the court may take into account the advertiser’s response to a request under subsection (7) in assessing any penalty to which the advertiser may be liable.
(9) If the court is satisfied that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the court may order the advertiser to do either or both of the following:
(a) withdraw the advertisement from further publication;
(b) publish a retraction in specified terms and in a specified manner and form.
(10) In proceedings for an offence against this section:
(a) an electoral advertisement that includes a statement that its publication was authorised by a specified person; or
(b) an electoral advertisement that includes a statement that it was printed by or on the instructions of a specified person; or
(c) an apparently genuine document purporting to be a certificate of the Electoral Commissioner stating that the Electoral Commissioner made a request for the withdrawal of a misleading advertisement or the publication of a retraction;
is evidence of the matter stated.
5 Application of amendments
The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of the amendments.