A Bill for an Act to amend the Commonwealth Electoral Act 1918, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations) Act 2019.
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. The whole of this Act | The day after the end of the period of 12 months beginning on 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Commonwealth Electoral Act 1918
1 Section 302V (paragraph beginning “Gifts totalling”)
Repeal the paragraph, substitute:
The electoral commission must be notified of gifts made to a registered political party, State branch or political campaigner as soon as practicable, and no later than 5 business days, after the gift is received.
In addition, if gifts totalling more than the disclosure threshold are made by a single person to the same registered political party, State branch or political campaigner during a financial year, an annual return must also be provided to the Electoral Commission.
2 Section 302V (paragraph beginning “Returns provided”)
After “Returns”, insert “and notices”.
3 Section 305B (at the end of the heading)
Add: “—annual returns”.
4 After section 305B
Insert:
305C Gifts to political parties and political campaigners—immediate notice
(1) If a person or entity makes a gift to any of the following:
(a) a registered political party;
(b) a State branch of a registered political party;
(c) a political campaigner;
the agent or financial controller of the party, branch or campaigner must, in accordance with this section, give a notice to the Electoral Commission as soon as practicable, and no later than 5 business days, after receiving the gift.
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 gift not disclosed—3 times that amount or value.
(2) For the purposes of subsection (1), a person or entity who makes a gift to any other person or entity with the intention of benefiting a particular registered political party, State branch of a registered political party, or political campaigner, is taken to have made that gift directly to that party, branch or campaigner.
(3) The notice must be in the approved form and set out the following:
(a) the identity of the person or entity who made the gift;
(b) a description of the gift;
(c) the amount of the gift;
(d) the date on which the gift was received;
(e) the name and address of the registered political party, branch or campaigner.
5 Subsection 320(1) (after table item 3)
Insert:
| 3A | each notice given under section 305C of the making of a gift | as soon as reasonably practicable after receiving the notice. |