Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

by leave—I move Australian Greens amendments (1) to (7) on sheet 1843 together:

(1) Schedule 4, item 1, page 18 (after line 7), after the definition of disclosure threshold, insert:

financial disclosure period has the meaning given by section 3AAB.

(2) Schedule 4, item 1, page 18 (after line 21), after the definition of referendum expenditure period, insert:

reporting timeframe has the meaning given by section 3AAB.

(3) Schedule 4, item 2, page 19 (after line 30), after section 3AAA, insert:

3AAB Financial disclosure periods and reporting timeframes

Column 1 of the following table sets out the financial disclosure periods in a referendum expenditure period. Column 2 of the table sets out the reporting timeframe for each financial disclosure period.

(4) Schedule 4, item 3, page 21 (line 3) to page 24 (line 2), omit sections 109E and 109F, substitute:

109E Returns by referendum entities

(1) A person or entity (the relevant person) must provide a return in accordance with this section if the relevant person has become a referendum entity by the end of a financial disclosure period in a referendum expenditure period.

Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918).

Civil penalty:

The higher of the following amounts:

(a) 60 penalty units;

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

(2) The relevant person must provide to the Electoral Commission a return:

(a) setting out:

(i) details of the referendum expenditure incurred by or with the authority of the relevant person during the period covered by subsection (3); and

(ii) the total value of gifts covered by subsection (4) that were received by the relevant person during the period covered by subsection (3); and

(iii) the total number of persons and entities who made gifts covered by subsection (4) to the relevant person during the period covered by subsection (3); and

(b) if the financial disclosure period is the final such period in a referendum expenditure period—including a statement that the relevant person complied with section 109J during the referendum expenditure period, signed by the members, agents or officers (however described) of the relevant person who have responsibility for ensuring that the relevant person complies with this Part.

Note: For the purposes of subparagraph (a)(i), referendum expenditure is the total amount of expenditure incurred the period covered by subsection (3) in relation to all referendums held on a single day (see subsection 3AAA(3)).

(3) The period covered by this subsection is:

(a) unless paragraph (b) applies—the financial disclosure period; or

(b) if the financial disclosure period is not the first such period in the referendum expenditure period, and the relevant person became a referendum entity during the financial disclosure period—the period starting at the start of the referendum expenditure period and ending at the end of the financial disclosure period.

(4) A gift is covered by this subsection if:

(a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or

(b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.

(5) The return must:

(a) be provided before the end of the reporting timeframe for the financial disclosure period; and

(b) be in the approved form; and

(c) if the relevant person is also required to provide a return under section 109F for the financial disclosure period—include that return.

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

109F Returns relating to gifts received by referendum entities for referendum exp enditure

(1) A person or entity (the relevant person) must provide a return for a financial disclosure period in a referendum expenditure period in accordance with this section if:

(a) the relevant person has become a referendum entity by the end of the financial disclosure period; and

(b) the relevant person received one or more gifts covered by subsection (2) during:

(i) unless subparagraph (ii) applies—the financial disclosure period; or

(ii) if the financial disclosure period is not the first such period in the referendum expenditure period, and the relevant person became a referendum entity during the financial disclosure period—the period starting at the start of the referendum expenditure period and ending at the end of the financial disclosure period.

Note: The return required under this section must be included in the return provided under section 109E (see paragraph 109E(5)(c)).

(2) A gift received by the relevant person from another person or entity is covered by this subsection if the gift is covered by subsection (3) and the total amount of the following was more than $1,000:

(a) the gift;

(b) any other gifts covered by subsection (3) that the relevant person has received from the other person or entity during the period starting at the start of the referendum expenditure period and ending at the end of the financial disclosure period.

(3) A gift is covered by this subsection if:

(a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or

(b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.

(4) The relevant person must provide to the Electoral Commission a return setting out the information referred to in subsection (5) in relation to:

(a) each gift mentioned in paragraph (1)(b) received by the relevant person from any other person or entity; and

(b) any other gift received by the relevant person from another person or entity mentioned in paragraph (a) of this subsection, if:

(i) the gift is mentioned in paragraph (2)(b); and

(ii) the relevant person was not already required to give information in relation to the gift in a return under this section.

(5) For the purposes of subsection (4), the information is:

(a) the amount of the gift or each of the gifts; and

(b) the date on which the gift or each of the gifts were made; and

(c) the following:

(i) for a gift or gifts on behalf of the members of an unincorporated association (other than a registered industrial organisation within the meaning of Part XX of the Commonwealth Electoral Act 1918)—the name of the association, and the names and addresses of the members of the executive committee (however described) of the association;

(ii) for a gift or gifts purportedly made out of a trust fund, or out of the funds of a foundation—the names and addresses of the trustees of the fund or foundation, and the title, name or other description of the trust fund or foundation;

(iii) for any other gift or gifts—the name and address of the person who made the gift or gifts.

(5) Schedule 4, item 3, page 24 (lines 14 and 15), omit "the disclosure threshold", substitute "$1,000".

(6) Schedule 4, item 3, page 24 (line 16), omit "15 weeks", substitute "5 days".

(7) Schedule 4, item 7, page 40 (table item 6), omit "24 weeks after the voting day for the referendum to which the return relates", substitute "14 days after the return is provided".

Our amendments do two things. They lower the disclosure threshold to $1,000, the level the Greens have long advocated for all donation disclosures to be set at and the level that it is in fact set at in most states and territories. The amendments also require far more regular disclosure so that people aren't finding out who funded the 'yes' and 'no' campaigns many months after the referendum is done and dusted.

Disclosure isn't a complete solution. The Greens will continue to call for caps on donations in all elections. But regular disclosure of all donations above $1,000 would give people a better insight into who is providing the information that they rely upon when they decide how they will vote.