Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

by leave—I move Jacqui Lambie Network amendments (1) and (2) on sheet 8976 together:

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 45 (after line 20), at the end of the Bill, add:

Schedule 3—Disclosing gifts

Commonwealth Electoral Act 1918

1 Subsection 17(2A)

Omit "under subsection 305A(1) or (1A) in relation to that election", substitute "under section 305A".

2 Subsection 287(1) (definition of disclosure threshold )

Omit "$13,800", substitute "$2,500".

3 Subsection 287(1) (definition of gift )

Repeal the definition, substitute:

gift has the meaning given by section 287AAA.

4 Subsection 287(1)

Insert:

post -trigger gift has the meaning given by section 305C.

reporting entity means any of the following:

  (a) a political entity;

  (b) a political campaigner;

  (c) an associated entity;

  (d) a third party.

reporting period means a period of 6 months beginning on 1 January or 1 July in each year.

trigger gift has the meaning given by section 305B.

5 After section 287

Insert:

287AAA Meaning of gift

(1) A gift is any disposition of property made by a person to another person, being a disposition made without consideration in money or money's worth or with inadequate consideration.

(2) The provision of a service (other than volunteer labour) for no consideration or for inadequate consideration is a gift.

(3) An amount paid by a person or entity as a contribution, entry fee or other payment to entitle that or any other person or entity to participate in or otherwise obtain any benefit from a fundraising venture or function (being an amount that forms part of the gross proceeds of the venture or function) is a gift.

(4) An annual or other subscription paid to a registered political party by:

  (a) a member of the party; or

  (b) a person or entity for affiliation with the party;

is a gift.

(5) An annual or other subscription paid to an associated entity by:

  (a) a member of the associated entity; or

  (b) a person or entity for affiliation with the associated entity;

is a gift.

(6) Each of the following is taken not to be a gift:

  (a) a payment under Division 3;

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

6 Section 302V

Repeal the section, substitute:

302V Simplified outline of this Division

This Division requires candidates and members of groups in an election who receive gifts to disclose the gifts by providing a return to the Electoral Commission.

This Division sets out the requirements for returns in relation to gifts made to, and received by, reporting entities.

Returns provided under this Division are published by the Electoral Commissioner, on the Transparency Register, under section 320.

There are limitations on loans made to political parties, State branches, political campaigners, candidates or groups that are more than the disclosure threshold.

Gifts of more than the disclosure threshold to a reporting entity by a corporation that is wound up within a year of making the gift may be recovered from the gift recipient.

7 Sections 305A and 305B

Repeal the sections, substitute:

305A Donations to, and received by, reporting entities

(1) If a person or entity makes a trigger gift or post-trigger gift to a reporting entity during a reporting period, the person or entity must provide a return for the gift in accordance with this section.

Civil penalty:   60 penalty units.

(2) If a reporting entity receives a trigger gift or post-trigger gift from a person or entity during a reporting period, the agent or financial controller of the reporting entity must provide a return for the gift in accordance with this section.

Civil penalty:   60 penalty units.

(3) However, subsections (1) and (2) do not apply in relation to a gift made to a reporting entity that:

  (a) is a third party or a political campaigner; and

  (b) is registered under the Australian Charities and Not-for-profits Commission Act 2012.

(4) The return must be:

  (a) provided to the Electoral Commission through the AEC Disclosure Portal; and

  (b) provided within 7 days after the trigger gift or post-trigger gift is made or received (as the case may be); and

  (c) in the approved form.

(5) If the return relates to:

  (a) a trigger gift within the meaning of subsection 305B(1); or

  (b) a post-trigger gift;

the return must set out the following:

  (c) the amount of the gift;

  (d) the date on which the gift was made or received (as the case may be);

  (e) the name and address of:

     (i) the person or entity that made the gift; and

     (ii) the reporting entity that received the gift.

(6) If the return relates to a trigger gift within the meaning of subsection 305B(2), the return must set out the following:

  (a) the sum of the following gifts:

     (i) the trigger gift;

     (ii) all gifts made to, or received by, the reporting entity during the reporting period before the trigger gift;

  (b) the date on which each gift to which paragraph (a) applies was made or received (as the case may be);

  (c) the name and address of:

     (i) the person or entity that made the gifts; and

     (ii) the reporting entity that received the gifts.

(7) The return required under subsection (1) must set out the relevant details of any gift received by the person or entity at any time if the gift was used wholly or partly to make another gift during the reporting period to a reporting entity.

(8) Relevant details for the purpose of subsection (7), in relation to a gift, are:

  (a) the amount or value of the gift; and

  (b) the date on which the gift was made; and

  (c) in the case of a 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 a 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 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; and

  (e) in any other case—the name and address of the person or entity.

305B Meaning of trigger gift

(1) A gift made by a person or entity during a reporting period is a trigger gift if the gift is more than the disclosure threshold.

(2) A gift made by a person or entity to a reporting entity during a reporting period is also a trigger gift if all of the following apply:

  (a) the person or entity makes one or more other gifts (each a pre-trigger gift) to the reporting entity during the period;

  (b) the amount or value of each pre-trigger gift made by the person or entity to the recipient during the period is less than or equal to the disclosure threshold;

  (c) both of the following apply to the gift made by the person or entity:

     (i) the person or entity makes the gift during the period after making the pre-trigger gifts;

     (ii) when the amount or value of the gift is considered with the amount or value of the pre-trigger gifts, the total amount or value of the gifts is more than the disclosure threshold.

(3) For the purposes of subsection (2), a gift does not include:

  (a) a permitted anonymous gift by the person or entity; or

  (b) a gift with a value of $100 or less.

305C Meaning of post -trigger gift

  A gift made by a person or entity to a reporting entity during a reporting period is a post-trigger gift if:

  (a) the person or entity has made a trigger gift during the period; and

  (b) neither of the following apply:

     (i) the gift is a permitted anonymous gift by the person or entity;

     (ii) the gift is a gift with a value of $100 or less.

8 Paragraph 306B(1)(a)

Repeal the paragraph, substitute:

  (a) a reporting entity receives from a corporation a gift whose amount or value is more than the disclosure threshold; and

9 Paragraph 306B(2)(a)

Omit "a registered political party or a political campaigner (the gift recipient)", substitute "a reporting entity (the gift recipient) that is a registered political party or a political campaigner".

10 Paragraph 306B(2)(b)

After "benefit of", insert "a gift recipient that is".

11 Subparagraph 316(2A)(aaa)(i)

Repeal the subparagraph.

12 Subsection 320(1) (table item 4)

Repeal the item, substitute:

13 Subsection 321A(3)

Repeal the subsection.

14 Section 321B (subparagraphs (g)(i) and (ii) of the definition of disclosure entity )

Omit "or 305B".

15 Section 321B (note to paragraph (g) of the definition of disclosure entity )

Repeal the note.

Schedule 4—AEC Disclosure Portal

Commonwealth Electoral Act 1918

1 Subsection 287(1)

Insert:

ADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.

AEC Disclosure Portal means the system established under subsection 302AB(1).

disclosure and reporting purpose: see section 302AE.

electoral expenditure account, in relation to a reporting entity, has the meaning given by subsection 302AF(1).

electoral expenditure amount: see section 302AD.

electoral expenditure purpose: see section 302AD.

2 After Division 3 of Part XX

Insert:

Division 3AA—AEC Disclosure Portal

302AA Simplified outline of this Division

This Division establishes the AEC Disclosure Portal.

The AEC Disclosure Portal is to be used for providing returns to the Electoral Commission.

The AEC Disclosure Portal is also to be the exclusive means by which a reporting entity receives amounts for the entity to pay for its electoral expenditure (including amounts that are political donations and anonymous donations).

A reporting entity must establish an electoral expenditure account to receive amounts through the AEC Disclosure Portal.

This Division also sets out certain other requirements for reporting entities when it comes to electoral expenditure.

302AB Electoral Commissioner must establish the AEC Disclosure Portal

(1) The Electoral Commissioner must establish and maintain a system known as the AEC Disclosure Portal.

(2) The AEC Disclosure Portal has the following purposes:

  (a) the electoral expenditure purpose;

  (b) the disclosure and reporting purpose;

  (c) any other purposes prescribed for the purposes of this paragraph.

(3) The regulations may make provision for, or in relation to, any matter that relates to a purpose prescribed for the purposes of paragraph (2)(c).

302AC Regulations for establishment, performance and administration of the AEC Disclosure Portal

(1) The regulations may make provision for, or in relation to the establishment, performance and administration of the AEC Disclosure Portal.

(2) Without limiting subsection (1), the regulations may make provision for or in relation to any or all of the following:

  (a) the creation of unique profiles for persons or entities that use the AEC Disclosure Portal;

  (b) the ability for persons or entities to submit returns required under Division 4, 5 or 5A to the Electoral Commission by using the AEC Disclosure Portal.

302AD Electoral expenditure purpose of the AEC Disclosure Portal

(1) A purpose (the electoral expenditure purpose) of the AEC Disclosure Portal is to establish a platform that does the following:

  (a) provides the exclusive means by which a person or entity provides an amount (an electoral expenditure amount) to a reporting entity to pay for the entity's electoral expenditure;

  (b) provides the exclusive means by which a reporting entity receives electoral expenditure amounts for the reporting entity to pay for its electoral expenditure.

(2) The regulations may make provision for, or in relation to, any matter that relates to the electoral expenditure purpose.

(3) Without limiting subsection (2), the regulations may do any or all of the following:

  (a) set out the information that persons or entities providing electoral expenditure amounts are required to provide;

  (b) provide for the establishment of accounts electoral expenditures amounts are credited to;

  (c) set out what information reporting entities need to provide to the Electoral Commission to receive electoral expenditure amounts provided through the AEC Disclosure Portal;

  (d) set out how electoral expenditure amounts are to be transferred to reporting entities;

  (e) set out circumstances in which electoral expenditure amounts are to be returned to the person or entities who have provided such amounts;

  (f) set out circumstances in which the Electoral Commission may recover electoral expenditure amounts transferred to reporting entities.

302AE Disclosure and reporting purpose of the AEC Disclosure Portal

(1) A purpose (the disclosure and reporting purpose) of the AEC Disclosure Portal is to establish a platform that allows for information relating to reporting entities to be accessible to the public.

(2) The regulations may make provision for, or in relation to, any matter that relates to the disclosure and reporting purpose.

302AF Reporting entity must establish electoral expenditure account etc.

(1) The agent or financial controller of a reporting entity must establish and maintain a single account (the electoral expenditure account) with an ADI.

(2) The agent or financial controller of a reporting entity must ensure the entity does not make a payment to a person or entity relating to electoral expenditure incurred or to be incurred for the reporting entity's benefit unless:

  (a) the payment is made by directly transferring an amount from the electoral expenditure account to the person or entity; and

  (b) the payment is recorded on the account as being a payment to the person or entity for electoral expenditure incurred or to be incurred for the reporting entity's benefit.

(3) The agent or financial controller of a reporting entity must ensure that the only amounts transferred to the reporting entity's electoral expenditure account are from the Electoral Commission (see section 302AG).

(4) The agent or financial controller of a reporting entity must provide the following details about the electoral expenditure account to the Electoral Commission:

  (a) the account number;

  (b) the BSB number of the account;

  (c) the name in which the account is held;

  (d) the name of the ADI that holds the account.

(5) The agent or financial controller of a reporting entity must take steps to ensure the Electoral Commission is provided, as soon as reasonably practicable after the end of a calendar month, information setting out any transactions relating to the entity's electoral expenditure account that occurred over that month.

(6) The agent or financial controller of a reporting entity must not contravene subsection (1), (2), (3), (4) or (5).

Civil penalty:   300 penalty units.

302AG Electoral Commission to transfer electoral expenditure amounts to electoral expenditure account

  If:

  (a) an electoral expenditure amount is provided to the Electoral Commission through the AEC Disclosure Portal for a reporting entity; and

  (b) the electoral expenditure amount satisfies the requirements (if any) specified in regulations in relation to such an amount;

the Electoral Commission must transfer the amount to the reporting entity's electoral expenditure account.

Schedule 5—Reforming returns

Commonwealth Electoral Act 1918

1 Division 5A of Part XX

Repeal the Division, substitute:

Division 5A—Returns by reporting entities

314AAA Simplified outline of this Division

A reporting entity is required to provide a return covering certain matters that occurred during a reporting period. The return must be provided to the Electoral Commission within a month after the end of the reporting period.

The Electoral Commission must cause a report to be prepared for each reporting entity within 3 months after the end of a reporting period. The report covers certain matters relating to the reporting entity during the reporting period. The report must be accessible on the AEC Disclosure Portal.

314AA Interpretation

(1) In this Division:

amount includes the value of a gift or loan.

(2) To avoid doubt, a person or entity that becomes, or ceases to be, a reporting entity during a reporting period is required to provide a return under this Division in relation to the whole reporting period.

Note: Particulars provided under subsection 318(2) may be taken to be a return provided under this Division (see subsection 318(2A)).

314AB Returns by reporting entities

(1) The agent or financial controller of each reporting entity must provide a return in accordance with this section within a month after the end of a reporting period.

Civil penalty:

The higher of the following:

  (a) 120 penalty units;

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

(2) The return must be:

  (a) provided to the Electoral Commission through the AEC Disclosure Portal; and

  (b) in the approved form.

(3) The return must set out the following matters:

  (a) the total amount received by, or on behalf of, the entity during the reporting period, together with the details required by section 314AC;

  (b) the total amount paid by, or on behalf of, the entity during the reporting period;

  (c) the total outstanding amount, as at the end of the reporting period, of all debts incurred by, or on behalf of, the entity, together with the details required by section 314AD;

  (d) 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 reporting period.

(4) The regulations may specify other matters a return by a reporting entity, or a class of reporting entity, must set out in relation to a reporting period.

(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.

314AC Amounts received

(1) If the sum of all amounts received by, or on behalf of, a reporting entity from a person or organisation during a reporting period is more than the disclosure threshold, the return must (subject to subsections (7) and (8)) include the matters mentioned in subsections (2), (3), (4) and (5).

(2) The return must:

  (a) if the sum was received from an unincorporated association, other than a registered industrial organisation—set out:

     (i) the name of the association; and

     (ii) the names and addresses of the members of the executive committee (however described) of the association; or

  (b) if the sum was purportedly paid out of a trust fund or out of the funds of a foundation—set out:

     (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; or

  (c) if the sum was received as a result of a loan—set out the information required to be kept under subsection 306A(3), or the name of the financial institution, as the case requires; or

  (d) in any other case—set out the name and address of the person or organisation.

(3) The return must set out the amount of the sum received from the person or organisation during the reporting period.

(4) The following table has effect in relation to the return:

(5) The return must state an amount of a kind, and any details that relate to that amount, that are specified in an instrument under subsection (6).

(6) The Minister may, by legislative instrument, specify an amount of a kind, and details that relate to that amount, for the purposes of subsection (5).

(7) This section does not apply in relation to an amount if:

  (a) the amount was received by, or on behalf of, a reporting 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 reporting period by the reporting entity:

     (i) to enable the entity to incur electoral expenditure, or create or communicate electoral matter; or

     (ii) to reimburse the entity for incurring electoral expenditure, or creating or communicating electoral matter.

(8) This section does not apply in relation to an amount if:

  (a) the amount was received by, or on behalf of, a reporting entity that is a candidate or a member of a group; and

  (b) the amount was received in the reporting entity's personal capacity; and

  (c) no part of the amount was used during the reporting period by the reporting entity:

     (i) to enable the entity to incur electoral expenditure, or create or communicate electoral matter; or

     (ii) to reimburse the entity for incurring electoral expenditure, or creating or communicating electoral matter.

314AD Outstanding amounts

(1) If the sum of all outstanding debts incurred by, or on behalf of, a reporting entity to a person or an organisation during a reporting period is more than the disclosure threshold, the return must include the particulars of that sum.

(2) The particulars of a sum required to be furnished under subsection (1) are the amount of the sum and:

  (a) if the sum was owed to 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; or

  (b) if the sum was purportedly incurred as a debt to a trust fund or to 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; or

  (c) in any other case—the name and address of the person or organisation.

314AE Returns not to include lists of party membership

  Returns provided in accordance with this Division are not to include lists of party membership.

314AF Electoral Commissioner to publish reports relating to reporting entities

(1) Within 3 months after the end of a reporting period, the Electoral Commissioner must cause a report to be prepared of each reporting entity.

(2) The report must include the following matters for the reporting period:

  (a) the total amount of gifts that the reporting entity received during the reporting period;

  (b) the total amount of gifts that the reporting entity received during the reporting period that were permitted anonymous donations;

  (c) the total amount of gifts that the reporting entity reported in the reporting entity's return for the reporting period;

  (d) the total number of persons or organisations that made gifts to the reporting entity during the reporting period;

  (e) the total amount of amounts other than gifts received by the reporting entity during the reporting period;

  (f) the total amount of income received by the reporting entity during the reporting period;

  (g) the total amount of electoral expenditure incurred by the reporting entity during the reporting period;

  (h) any other matter prescribed by the regulations.

(3) The report must be accessible on the AEC Disclosure Portal as soon as possible after the report has been completed and by no later than 3 months after the end of a reporting period.

2 Subsection 320(1) (table item 5)

Repeal the item, substitute:

Schedule 6—Monitoring and investigation powers

Commonwealth Electoral Act 1918

1 Subsection 287(1)

Insert:

inspector means a person appointed as an inspector under section 314AH.

2 After Division 5A of Part XX

Insert:

Division 5B—Monitoring and investigation powers

314AH Appointment of inspectors

(1) The Electoral Commissioner may, in writing, appoint a person who is a member of the staff of the Electoral Commission as an inspector.

(2) The Electoral Commissioner must not appoint a person as aninspector unless the Electoral Commissioner is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of aninspector.

(3) An inspector must, in exercising powers as such, comply with any directions of the Electoral Commissioner.

(4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

314AJ Monitoring powers for this Part of the Act

Provisions subject to monitoring

(1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:

  (a) a provision of this Part; or

  (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.

Note 2:    Section 316 of this Act sets out additional powers relating to compliance and enforcement.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

(3) For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions of this Act:

  (a) there are no related provisions; and

  (b) the Electoral Commissioner is the authorised applicant; and

  (c) an inspector is an authorised person; and

  (d) a magistrate is an issuing officer; and

  (e) the Electoral Commissioner is the relevant chief executive; and

  (f) the Federal Circuit Court of Australia and the Federal Court of Australia are the relevant courts.

Persons assisting

(4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to offences and civil penalty provisions of this Act.

Extension to external Territories

(5) Part 2 of the Regulatory Powers Act, as it applies in relation to this Act, extends to every external Territory.

314AK Investigation powers for this Part of the Act

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

  (a) a civil penalty provision of this Part for which the specified number of penalty units is 100 penalty units or more; or

  (b) an offence provision of this Part; or

  (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Part.

Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Note 2:    Section 316 of this Act sets out additional powers relating to compliance and enforcement.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

(2) For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection (1):

  (a) there are no related provisions; and

  (b) the Electoral Commissioner is the authorised applicant; and

  (c) an inspector is an authorised person; and

  (d) a magistrateis an issuing officer; and

  (e) the Electoral Commissioner is the relevant chief executive; and

  (f) the Federal Circuit Court of Australia and the Federal Court of Australia are the relevant courts.

Persons assisting

(3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to offences and civil penalty provisions of this Act.

Extension to external Territories

(4) Part 3 of the Regulatory Powers Act, as it applies in relation tothe provisions mentioned in subsection (1), extends to every external Territory.

314AL Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Part is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the Electoral Commissioner is the relevant chief executive in relation to the provisions mentioned in subsection (1).

Extension to external Territories

(4) Part 5 of the Regulatory Powers Act, as it applies in relation tothe provisions mentioned in subsection (1), extends to every external Territory.

3 After section 318

Insert:

318A Civil penalty provision for returns that are false or misleading

  A person is liable to a civil penalty 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.

Civil penalty:   300 penalty units.

Schedule 7—Anonymous gifts

Commonwealth Electoral Act 1918

1 Subsection 287(1)

Insert:

permitted anonymous gift has the meaning given by section 307AB.

2 After Division 4 of Part XX

Insert:

Division 4A—Anonymous gifts

307AA Interpretation

(1) In this Division:

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.

(2) A reference in this Division 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 Division 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 Division 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.

307AB 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 $500 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 $500;

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 $500 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 $500 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 $500;

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.

307AC Division does not apply to gifts that are returned or paid to Commonwealth within 6 weeks

  This Division 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.

307AD 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 1 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 2 of that item.

(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 personsto 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.

307AE 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 1 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 2 of that item.

(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 personsto 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.

307AF Anonymous gifts: when unlawful for person to incur electoral 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 electoral 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 electoral 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 electoral 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 personto 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.

Schedule 8—Transitional provisions

1 Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the repeals or amendments made by Schedules 3 to 8 to this Act.

(2) Without limiting subitem (1), rules made before the end of the transitional period may provide that this Act or any other Act or instrument has effect with any modifications prescribed by the rules.

(3) Subsection 12(2) of the Legislation Act 2003 does not apply to rules made before the end of the transitional period.

Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.

(4) To avoid doubt, the rules may not do the following:

  (a) create an offence or civil penalty;

  (b) provide powers of:

     (i) arrest or detention; or

     (ii) entry, search or seizure;

  (c) impose a tax;

  (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

  (e) directly amend the text of this Act.

(5) This Act (other than subitem (4)) does not limit the rules that may be made.

(6) The transitional period is the period of 2 years beginning on the day this Act receives Royal Assent.