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 2023.
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 first 1 July to occur after 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 a gift of, or gifts totalling, more than the disclosure threshold made to:
(a) a registered political party or State branch; or
(b) a candidate in an election (including a by‑election);
in a financial year as soon as practicable, and no later than 5 business days, after the latest gift is received. The Electoral Commission must also be notified of such gifts made to significant third parties but only if a part of the gifts is used for certain electoral purposes.
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 significant third party 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, significant third parties or candidates—immediate notice
Gifts to political parties
(1) If:
(a) in a financial year, a person or entity makes a gift (the latest gift) to:
(i) a registered political party; or
(ii) a State branch of a registered political party; and
(b) the total amount or value of the latest gift, or of the latest gift and all other gifts (the previous gifts) previously made by the person or entity to the party or branch in the financial year, is more than the disclosure threshold;
the agent of the party or branch 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 latest 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 gifts not disclosed—3 times that amount or value.
Gifts to significant third parties
(2) If:
(a) in a financial year, a person or entity makes a gift (the latest gift) to a significant third party; and
(b) the total amount or value of the latest gift, or of the latest gift and all other gifts (the previous gifts) previously made by the person or entity to the party or branch in the financial year, is more than the disclosure threshold; and
(c) the significant third party uses any part of the latest gift or the previous gifts to incur electoral expenditure, or to create or communicate electoral matter, in the financial year;
the financial controller of the significant third party 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:
(d) if a part of a previous gift has been used for a purpose mentioned in paragraph (c) before the latest gift is received—the day the latest gift is received; or
(e) otherwise—the day after a part of the latest gift or a previous gift is used for a purpose mentioned in paragraph (c).
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 gifts not disclosed—3 times that amount or value.
Gifts to candidates
(3) If:
(a) in a financial year, a person or entity makes a gift (the latest gift) to a candidate in an election (including a by‑election); and
(b) the total amount or value of the latest gift, or of the latest gift and all other gifts (the previous gifts) previously made by the person or entity to the candidate in the financial year, is more than the disclosure threshold;
the candidate must, in accordance with this section (and either directly or through an agent), give a notice to the Electoral Commission as soon as practicable, and no later than 5 business days, after receiving the latest 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 gifts not disclosed—3 times that amount or value.
General provisions
(4) For the purposes of this section, 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, significant third party or candidate is taken to have made that gift directly to that party, branch, significant third party or candidate.
(5) The notice must be in the approved form and set out the following for the latest gift and each previous gift:
(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, significant third party or candidate.
5 Subsection 320(1) (after table item 3)
Insert:
| 3A | each notice given under section 305C of the making of a gift or gifts | as soon as reasonably practicable after receiving the notice. |