Tim Wilson (Goldstein, Liberal Party, Assistant Minister to the Minister for Industry, Energy and Emissions Reduction) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill. I move the government amendment as circulated:

(1) Page 3 (after line 18), at the end of the Bill, add:

Schedule 2 — Other amendments

Commonwealth Electoral Act 1918

1 Section 286A

Before "or third parties must not be made by foreign donors", insert ", associated entities".

2 Subsection 287AB(3)

After "political entity,", insert "a person or entity that is (or is required to be registered as) a political campaigner or an associated entity,".

3 After paragraph 287F(1)(b)

Insert:

; or (c) during that financial year the person or entity operates for the dominant purpose of fundraising amounts:

(i) the aggregate of which is at least equal to the disclosure 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.

4 Subsection 287F(3)

Omit "must not incur further electoral expenditure in that financial year if the person or entity is not registered as a political campaigner", substitute:

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 financial year, after becoming required to be so registered, if the person or entity is not registered as a political campaigner.

5 Subsection 287F(3) (paragraph (b) of the penalty)

After "this subsection", insert "(if any), or the amount, or an estimate of the amount, fundraised in contravention of this subsection (if any), or both".

6 At the end of subsection 287H(1)

Add:

; (g) the entity operates wholly, or to a significant extent, for the benefit of one or more disclosure entities and the benefit relates to one or more electoral activities (whether or not the electoral activities are undertaken during an election period).

Note: For the meaning of disclosure entity, see subsection (4).

7 At the end of section 287H

Add:

(4) The reference in paragraph (1)(g) to a disclosure entity is a reference to a person or entity that is covered by paragraph (aa) or any of paragraphs (c) to (f) of the definition of disclosure entity in section 321B.

(5) To avoid doubt, the reference in paragraph (1)(g) to a benefit that relates to an electoral activity includes:

(a) fundraising amounts, of at least equal to the disclosure threshold, for the purpose of incurring electoral expenditure; and

(b) assisting in the creation or communication of electoral matter; and

(c) otherwise facilitating the interests of a disclosure entity with respect to preparing for, or participating in, an election.

8 Subparagraph 287K(2)(b)(ii)

After "registered political party", insert ", and any disclosure entity referred to in paragraph 287H(1)(g),".

9 Paragraph 287N(2)(c)

After "registered political parties", insert ", and any disclosure entities referred to in paragraph 287H(1)(g),".

10 Subparagraph 287S(1)(c)(v)

After "registered political party" (wherever occurring), insert "or a disclosure entity referred to in paragraph 287H(1)(g)".

11 Subparagraph 287S(1)(c)(v)

Omit "; and", substitute "; or".

12 At the end of paragraph 287S(1)(c)

Add:

(vi) the relevant person does not operate wholly, or to a significant extent, for the dominant purpose of fundraising amounts 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; and

13 Section 302A

Omit "political campaigners and third parties", substitute "political campaigners, associated entities and third parties".

14 Section 302A

Omit "or political campaigners", substitute ", political campaigners or associated entities".

15 Section 302A

Omit "political campaigner or third party", substitute "political campaigner, associated entity or third party".

16 Section 302D (heading)

Omit "and political campaigners", substitute ", political campaigners and associated entities".

17 Subparagraph 302D(1)(a)(ii)

After "political campaigner", insert "or an associated entity".

18 Paragraph 302D(1A)(a)

Omit "or political campaigner", substitute ", political campaigner or associated entity".

19 Subparagraph 302F(1)(a)(ii)

After "political campaigner", insert "or an associated entity".

20 Paragraph 302F(1)(b)

After "political campaigner", insert ", associated entity".

21 After subparagraph 302F(2)(c)(ii)

Insert:

(iia) an associated entity; or

22 Paragraphs 302H(1)(b) and (c)

After "political campaigner" (wherever occurring), insert ", associated entity".

23 Subsection 314AB(1) (paragraph (b) of the penalty)

Omit "subparagraph (2)(b)(ii)", substitute "(b)".

24 After subsection 314AB(3)

Insert:

(3A) If:

(a) a person or entity is registered as a political campaigner for a financial year (the current financial year); and

(b) the person or entity was not required to be registered as a political campaigner for the previous financial year;

the financial controller of the political campaigner must provide a return, that complies with subsection (2) and is in an approved form, for the previous financial year by the end of the period of 30 days after the person or entity is registered as a political campaigner for the current financial year.

Civil penalty:

The higher of the following:

(a) 120 penalty units;

(b) if an amount is not disclosed under paragraph (2)(a) or (b) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

(3B) If, in complying with subsection (2), a return that is required to be provided under subsection (3A) would include no amounts or details, the return provided must include a statement to the effect that there are no amounts or details to be included.

(3C) Despite anything in this section, a return provided under this section in respect of a political campaigner 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 campaigner in a purely personal capacity;

(b) any amounts paid by, or on behalf of, the campaigner for personal purposes and not solely or substantially for a purpose related to an election;

(c) the amount, or other details, of any debt incurred by, or on behalf of, the campaigner in a purely personal capacity.

25 Subsection 314AB(4)

After "subsection (1)", insert "or (3A)".

26 Subsection 314AEA(2)

Repeal the subsection, substitute:

(2) Subject to subsection (6), if:

(a) an entity is registered as an associated entity for a financial year (the current financial year); and

(b) the entity was not required to be registered as an associated entity for the previous financial year;

the financial controller of the associated entity must provide a return to the Electoral Commission, in the approved form, by the end of the period of 30 days after the entity is registered as an associated entity for the current financial year, setting out:

(c) the total amount received by, or on behalf of, the entity during the previous financial year, together with the details required by section 314AC; and

(d) the total amount paid by, or on behalf of, the entity during the previous financial year; and

(e) the total outstanding amount, as at the end of the previous financial year, of all debts incurred by or on behalf of the entity, together with the details required by section 314AE; and

(f) details of any discretionary benefits (however described) received by, or on behalf of, the entity from the Commonwealth, a State or a Territory during the previous financial year.

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 an estimate of the amount, not disclosed in accordance with subsection (2)—3 times that amount.

27 Subsection 314AEA(3)

Omit "If any", substitute "For a return under subsection (1) or (2), if any".

28 Subsection 314AEA(3)

After "paragraph (1)(b)", insert "or (2)(d) (as the case may be)".

29 Subsection 314AEA(4)

Omit "this section", substitute "subsection (1) or (2)".

30 Subsection 314AEA(5)

After "paragraphs (1)(a), (b) and (c)", insert "and (2)(c), (d) and (e)".

31 Subsection 314AEA(6)

After "subsection (1)", insert "or (2)".

32 After subsection 314AEA(6)

Insert:

(6A) If a return that is required to be provided under subsection (2) would include no amounts or details, the return provided must include a statement to the effect that there are no amounts or details to be included.

33 Subsection 314AEA(7)

After "subsection (1)", insert "or (2)".

34 After subsection 316(2A)

Insert:

(2AB) The period specified in a notice for the purposes of paragraph (2A)(c) must be no longer than 30 days after the date of the notice.

35 Application of amendments

(1) For the purposes of Part XX of the Commonwealth Electoral Act 1918, references to financial years, in subsections 287F(1) and 287H(1) of that Act as amended by this Schedule, include references to financial years beginning before this item commences.

Note: The effect of this subitem is that a person or entity may be required to be registered as a political campaigner or associated entity before the end of 90 days after the commencement of this item (see subsections 287F(2) and 287H(2) of the Commonwealth Electoral Act 1918).

(2) Subject to subitem (3), subsection 314AB(3A) of the Commonwealth Electoral Act 1918, as inserted by this Schedule, applies in relation to a political campaigner for the financial year in which this item commences and later financial years.

(3) If a person or entity is a political campaigner immediately before the commencement of this item, subsection 314AB(3A) of the Commonwealth Electoral Act 1918, as inserted by this Schedule, has effect in relation to that political campaigner as if "30 days after the person or entity is registered as a political campaigner for the current financial year" were omitted and "30 days after the commencement of this subsection" were substituted.

(4) Subject to subitem (5), subsection 314AEA(2) of the Commonwealth Electoral Act 1918, as substituted by this Schedule, applies in relation to an associated entity for the financial year in which this item commences and later financial years.

(5) If a person or entity is an associated entity immediately before the commencement of this item, subsection 314AEA(2) of the Commonwealth Electoral Act 1918, as substituted by this Schedule, has effect in relation to that associated entity as if "30 days after the entity is registered as an associated entity for the current financial year" were omitted and "30 days after the commencement of this subsection" were substituted.

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