Andrew McLachlan (SA, Deputy-President) Share this | Hansard source

The time for consideration of the bill has expired. After I put the questions before the chair I will then put the questions on the remaining stages of the bill. I will now deal with the Committee of the Whole amendments, starting with the amendments moved by Senator Farrell. The first question is that the amendments moved by Senator Farrell on sheets EE102, EE103, EE105, FJ101, SC130, SC131, SC136 and SC138 be agreed to.

Government's circulated amendments—

SHEET EE102

(1) Schedule 1, item 13, page 11 (before line 3), before the definition of Senate-only election, insert:

peak representative body means an entity in respect of which the following conditions are satisfied:

(a) the majority of the entity's income is payments made by the members, branches or affiliates (however described) of the entity;

(b) none of the members, branches or affiliates (however described) of the entity is a natural person except:

(i) an officeholder of the entity who is a non-financial member, branch or affiliate of the entity; or

(ii) a person who is a non-financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or

(iii) an honorary non-financial member, branch or affiliate of the entity;

(c) the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;

(d) the majority of the entity's income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;

(e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.

Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.

(2) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:

Note: See subsection (3A) for an exception to paragraph (g).

(3) Schedule 1, item 18, page 17 (after line 7), after subsection 287AAB(3), insert:

(3A) Despite paragraph (3)(g), a disposition of property (including the provision of a service) made by a core member of a registered political party's expenditure group to another core member of the expenditure group is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator.

Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4).

(4) Schedule 1, item 18, page 17 (line 10), after "third party", insert "(including a peak representative body)".

(5) Schedule 1, item 18, page 17 (lines 23 to 26), omit "See especially subsection 292FA(6), which prevents the crediting of these kinds of amounts to a federal account to the extent they exceed the annual gift cap.", substitute "These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE).".

(6) Schedule 1, page 21 (after line 19), after item 42, insert:

42A At the end of section 302CA

Add:

Extended meaning of gift

(11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

(7) Schedule 1, page 21 (after line 23), after item 44, insert:

44A After subsection 314B(9)

Insert:

(9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

(8) Schedule 6, item 4, page 161 (line 19) to page 163 (line 19), omit subsections 292FA(4) to (6), substitute:

Obligation to credit only required or permitted amounts

(4) A person or entity covered by column 1 of an item in the table in subsection (1) must take all reasonable steps to ensure that the only amounts that are credited to a federal account kept for the purposes of this Part in relation to the person or entity covered by column 2 of the item are the following:

(a) amounts required to be credited to a federal account kept for the purposes of that person or entity under subsection (2) or (3) of this section or another provision of this Act;

(b) amounts that are:

(i) to be used for a federal purpose; and

(ii) permitted to be credited to a federal account kept for the purposes of that person or entity under section 292FAA, 292FAB, 292FAC, 292FAD or 292FAE or another provision of this Act.

(9) Schedule 6, item 4, page 163 (after line 36), after section 292FA, insert:

292FAA Permitted credits to federal account for registered political party, State branch or nominated entity

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2, 3 or 7 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity that is a core member of the same expenditure group as the account beneficiary;

(e) if the account beneficiary is a registered political party or a State branch of a registered political party—an amount paid from another federal account kept for the purposes of this Part in relation to another political party if:

(i) the account beneficiary and the other political party are related to each other within the meaning of paragraph 123(2)(a) because one is a part of the other (while not being a State branch of the other); and

(ii) the one that is a part of the other is a registered political party;

(f) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a registered political party, a State branch or a nominated entity if the amount is paid from the federal account of a candidate, a member of the House of Representatives, a Senator, or another registered political party, State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAB Permitted credits to federal account for registered political parties: contributions by candidates and sitting members

(1) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 2 or 3 of the table in subsection 292FA(1) if all of the following apply:

(a) the account beneficiary is a registered political party;

(b) the amount is credited to the federal account by a person (the payer) at a time in a calendar year and is an amount of the payer's own money;

(c) at the time the amount is credited, the payer is either or both of the following:

(i) a candidate endorsed by the account beneficiary;

(ii) a member of the House of Representatives, or a Senator, who is a member of the account beneficiary;

(d) if the payer is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the payer's election campaign in the calendar year.

Note: An amount may only be credited under this section if it is for a federal purpose. The amount will be a gift (see subsection 287AAB(3A)).

(2) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts paid by the payer that are covered by subsection (1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts paid by the payer that are covered by subsection 292FAC(4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the payer.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAC Permitted credits to federal account for candidate, member or Senator

General

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount paid from another federal account kept for the purposes of this Part in relation to another person or entity, if both the other person or entity and the account beneficiary are core members of the same expenditure group;

(e) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: The effect of paragraph (d) is that any amount can be credited to the federal account of a candidate, a member of the House of Representatives or a Senator if the amount is paid from the federal account of another candidate, member of the House of Representatives or Senator, or a registered political party, a State branch or nominated entity, and both the recipient and the payer are core members of the same expenditure group.

Note 3: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by independent candidates and members

(2) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is not endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is not a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(3) However, the sum of amounts that are covered by subsection (2) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

Contributions by other candidates and sitting members

(4) For the purposes of subparagraph 292FA(4)(b)(ii), an amount may be credited to a federal account kept for the purposes of this Part in relation to a person (the account beneficiary) covered by column 2 of item 1 or 4 of the table in subsection 292FA(1) if all of the following apply:

(a) the amount is credited to the federal account by the account beneficiary at a time in a calendar year and is an amount of the account beneficiary's own money;

(b) at the time the amount is credited, the account beneficiary is either or both of the following:

(i) a candidate who is endorsed by a registered political party;

(ii) a member of the House of Representatives, or a Senator, who is a member of a registered political party;

(c) if the account beneficiary is a candidate at the time the amount is credited—the amount is credited to the federal account for the purposes of the account beneficiary's election campaign in the calendar year.

Note: For an amount to be a gift, it must be a disposition of property from one person to another person (see subsection 287AAB(1)).

(5) However, the sum of the following amounts must not exceed the annual gift cap (within the meaning of Division 3A) for the calendar year:

(a) amounts that are covered by subsection (4) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary;

(b) amounts that are covered by subsection 292FAB(1) and credited in the calendar year to federal accounts kept for the purposes of this Part in relation to:

(i) the registered political party that endorsed the account beneficiary; or

(ii) the registered political party that the account beneficiary is a member of.

Note: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAD Permitted credits to federal account for significant third party, associated entity or third party

For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts may be credited to a federal account kept for the purposes of this Part in relation to a person or entity covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) interest earned on money standing to the credit of the account;

(b) a loan;

(c) a bequest;

(d) an amount of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: The effect of paragraph (b) is that a commercial loan or a non-commercial loan can be credited to a federal account.

Note 2: There are penalties for crediting an amount to a federal account if the amount is not required or permitted to be credited: see subsections 292FA(4) and (8).

292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc.

(1) For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):

(a) a subscription paid in respect of the payer's membership of the account beneficiary;

(b) an amount paid in respect of the payer's affiliation with the account beneficiary;

(c) if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.

Note: Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

(2) However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:

(a) if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or

(b) otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.

Note: Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.

_____

SHEET EE103

(1) Schedule 1, page 17 (after line 26), after item 18, insert:

18A Subsection 287AB(1)

Repeal the subsection (not including the notes), substitute:

Dominant purpose of creating or communicating electoral matter

(1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter.

18B Subsection 287AB(3)

Omit "In addition, any expenditure incurred by or with the authority of a political entity, a person or entity", substitute "Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity".

18C Subsection 287AB(3)

Omit "a member of the House of Representatives or a Senator in relation to an election is electoral expenditure, except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister", substitute "is electoral expenditure to the extent that it is in relation to an election".

(2) Schedule 1, page 17 (after line 31), after item 19, insert:

19A After subsection 287AB(3)

Insert:

Specific electoral expenditure

(3A) Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity, is electoral expenditure to the extent that it is in relation to an election and also any of the following:

(a) expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards or any other form;

(b) expenditure on the production and distribution of electoral matter;

(c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;

(d) expenditure incurred in employing staff engaged in an election campaign;

(e) expenditure incurred for office accommodation for any such staff and candidates;

(f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;

(g) expenditure on research associated with an election campaign (other than in-house research);

(h) expenditure incurred in raising funds for an election;

(i) expenditure of a kind prescribed by the regulations.

Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies.

Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)).

Note 3: A candidate's staff includes any volunteers.

Expenditure that is not electoral expenditure

(3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.

(3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (the service provider):

(a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or

(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.

(3) Schedule 1, item 20, page 18 (line 1), omit the heading to subsection 287AB(4).

(4) Schedule 1, item 20, page 18 (after line 11), after paragraph 287AB(4)(c), insert:

(ca) expenditure to the extent that it is administrative expenditure;

(cb) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;

(cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));

(5) Schedule 7, item 2, page 170 (lines 36 to 40), omit note 2.

(6) Schedule 7, item 2, page 171 (line 7), after "particular electoral matter", insert "or electoral matter generally".

(7) Schedule 7, item 2, page 171 (lines 19 to 22), omit subsection 287AAA(3).

_____

SHEET EE105

(1) Clause 2, page 2 (table item 8), after "Schedules 6", insert ", 6A".

(2) Schedule 5, item 8, page 134 (after line 18), after subsection 310(4), insert:

Details of federal administrative accounts

(4A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(3) Schedule 5, item 8, page 136 (after line 3), after subsection 310A(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the candidate at any time in the calendar year.

(4) Schedule 5, item 8, page 137 (after line 29), after subsection 310B(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the member or Senator at any time in the calendar year.

(5) Schedule 5, item 8, page 139 (after line 30), after subsection 310C(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

(6) Schedule 5, item 8, page 142 (after line 34), after subsection 310D(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(7) Schedule 5, item 8, page 144 (after line 30), after subsection 310E(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

(8) Schedule 5, item 8, page 146 (after line 6), after subsection 310F(3), insert:

Details of federal administrative accounts

(3A) The return must set out details of any federal administrative accounts kept in relation to the person or entity at any time in the calendar year.

(9) Schedule 5, item 12, page 156 (table item 4), after "an address", insert "or details of federal administrative accounts".

(10) Page 168 (after line 4), after Schedule 6, insert:

Schedule 6A — Federal administrative accounts

Commonwealth Electoral Act 1918

1 Subsection 287(1)

Insert:

federal administrative account means an account where:

(a) the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and

(b) the only amounts withdrawn or transferred from the account are amounts:

(i) withdrawn or transferred for a federal administrative purpose; or

(ii) transferred to another federal administrative account; and

(c) the account is with an ADI within the meaning of the Banking Act 1959; and

(d) the account is kept in Australia.

Note: ADI is short for authorised deposit-taking institution.

Example: A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.

federal administrative purpose means the purpose of incurring:

(a) administrative expenditure; or

(b) expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.

Note: See section 287AAA for the definition of administrative expenditure.

2 Subsection 287(1) (at the end of the definition of regulated entity )

Add:

; and (c) in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.

3 After section 314B

Insert:

314C Gifts made etc. for federal administrative purposes

Offering gifts

(1) Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expresslyoffered for federal administrative purposes.

Seeking gifts

(2) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expresslysought for use for federal administrative purposes.

Giving gifts

(3) Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expresslygiven for federal administrative purposes.

Receiving or keeping gifts money

(4) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:

(a) the money is deposited into a federal administrative account as soon as practicable after the money is received; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal administrative purposes; or

(ii) to transfer the money to another federal administrative account.

(5) Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:

(a) the money is kept in a federal administrative account; and

(b) the money is not transferred or withdrawn out of the account except:

(i) to use the money for federal administrative purposes; or

(ii) to transfer the money to another federal administrative account.

(6) To avoid doubt, subsections (4) and (5) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (4)(b)(i) or (ii) or (5)(b)(i) or (ii).

Receiving or keeping gifts gifts other than money

(7) Despite any State or Territory electoral law and despite subsection 302CA(5), a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes or federal administrative purposes.

(8) To avoid doubt, subsection (7) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal administrative purposes.

Receiving or keeping gifts additional operation

(9) Subsections (4), (5) and (6) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal administrative purposes.

Using gifts money

(10) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal administrative purposes if the gift has been continuouslykept in a federal administrative account since it was deposited in that account, or any other federal administrative account, in accordance with subsection (4).

Using gifts gifts other than money

(11) Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal administrative purposes if the gift has been continuouslykept for federal administrative purposes since it was received.

Using gifts relationship with State or Territory electoral laws

(12) To avoid doubt, the fact that, as a result of subsection (10) or (11), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.

Gifts not otherwise prohibited by this Part

(13) To avoid doubt, this section applies to a gift only if this Part does not prohibit the giving, receiving or keeping of the gift.

Parts of gifts

(14) For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.

Extended meaning of gift

(15) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

314D Disclosure of amounts given etc. for federal administrative purposes

Disclosure of amounts and benefits given etc.

(1) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) if the person or entity expressly gives the amount to, or for the benefit of, a regulated entity for federal administrative purposes.

(2) Despite any State or Territory electoral law, a person or entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, if the person or entity expressly provides the benefit to, or for the benefit of, a regulated entity for federal administrative purposes.

Note: For the definition of non-monetary benefit, see subsection (11).

Disclosure of amounts and other benefits received

(3) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) that is received by or on behalf of the regulated entity if:

(a) the amount is deposited into a federal administrative account as soon as practicable after the amount is received; and

(b) the amount is not transferred or withdrawn out of the account except:

(i) to use the amount for federal administrative purposes; or

(ii) to transfer the amount to another federal administrative account.

(4) To avoid doubt, subsection (3) is taken never to have applied if, at any time, the amount is transferred or withdrawn out of the account, or any other federal administrative account, except as provided by subparagraph (3)(b)(i) or (ii).

(5) Despite any State or Territory electoral law and despite subsection 314B(2), a regulated entity is not required to disclose under that law the value of a non-monetary benefit, or information relating to a non-monetary benefit, that is received by or on behalf of the regulated entity unless the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes or federal administrative purposes.

(6) To avoid doubt, subsection (5) is taken never to have applied if, at any time, the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal administrative purposes.

(7) Subsections (3) and (5) also have the effect they would have if a reference to an amount or benefit were confined to an amount or benefit expressly given or provided for federal administrative purposes.

Disclosure of administrative expenditure

(8) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of expenditure if the expenditure is administrative expenditure.

Disclosure of debts

(9) Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of a debt (except a debt incurred as a result of a loan) if the debt is incurred for federal administrative purposes.

Interpretation

(10) Despite any State or Territory electoral law, if, as a result of this section, a person or entity is not required to disclose under that law an amount, information or value referred to in this section (the federal information), then:

(a) it is immaterial whether the federal information is required to be included in a return provided under this Part; and

(b) a total amount, or information relating to a total amount, that is required to be disclosed under that law is not required to include the federal information.

(11) A non-monetary benefit is a gift, or a good or service that is lent, that is not money.

(12) For the purposes of this section, if an action (such as giving or using) is taken in relation to a part of an amount or non-monetary benefit for a particular purpose, and that same action is taken in relation to another part of the amount or benefit for a different purpose, each part of the amount or benefit is taken to be a separate amount or benefit.

(13) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section.

Compulsory production provisions excluded

(14) This section does not apply in relation to any compulsory production provision in a State or Territory electoral law.

(15) A compulsory production provision in a State or Territory electoral law is a provision that confers a power on a person or body (the regulator) to compel a particular person to disclose information (including an amount or value) for the purposes of the regulator investigating a potential contravention of that or any otherlaw.

Note: A provision that confers a power for a person or body to give a notice to produce to a regulated entity is an example of a compulsory production provision.

4 After subsection 302AE(3)

Insert:

(3A) The account may be a federal administrative account.

5 After subsection 302AE(8)

Insert:

(8A) The account may be a federal administrative account.

6 After subsection 302AF(3)

Insert:

(3A) The account may be a federal administrative account.

7 Subsection 317(1A)

Omit "or 314B", substitute ", 314B, 314C or 314D".

8 Subsection 317(1A) (example)

After "federal account", insert "or federal administrative account".

9 Paragraph 317(2)(e)

Omit "or 314B", substitute ", 314B, 314C or 314D".

(11) Schedule 9, item 3, page 194 (after line 25), at the end of subsection 314AN(2), add:

Note: This may include a requirement to produce information or documents relating to a federal account or federal administrative account kept for the purposes of this Part.

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SHEET FJ101

(1) Schedule 3, page 71 (line 2), after the heading to the Schedule, insert:

Part 1 — Amendments

(2) Schedule 3, page 94 (after line 28), at the end of the Schedule, add:

Part 2 — Relationship of this Schedule with Schedule 4

11 Relationship of this Schedule with Schedule 4

(1) It is the intention of the Parliament that the amendments made by this Schedule (gift caps) and by Schedule 4 (expenditure caps) are to operate together and not to be severed from each other.

(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901.

(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.

(3) Schedule 4, page 95 (line 2), after the heading to the Schedule, insert:

Part 1 — Amendments

(4) Schedule 4, page 129 (after line 8), at the end of the Schedule, add:

Part 2 — Relationship of this Schedule with Schedule 3

7 Relationship of this Schedule with Schedule 3

(1) It is the intention of the Parliament that the amendments made by this Schedule (expenditure caps) and by Schedule 3 (gift caps) are to operate together and not to be severed from each other.

(2) Subitem (1) operates despite section 15A of the Acts Interpretation Act 1901.

(3) To avoid doubt, subitem (1) does not apply in relation to any other amendments made by this Act.

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SHEET SC130

(1) Schedule 4, item 2, page 121 (after line 32), at the end of subsection 302AQC(1), add:

Note 3: A candidate's staff includes any volunteers.

(2) Schedule 4, item 2, page 122 (after line 11), at the end of subsection 302AQC(2), add:

Note 3: A candidate's staff includes any volunteers.

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SHEET SC131

(1) Schedule 1, item 18, page 14 (after line 36), after paragraph 287AAB(3)(g), insert:

(ga) a loan made by a core member of a registered political party's expenditure group to another core member of the expenditure group;

(gb) an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party's expenditure group to another core member of the expenditure group;

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SHEET SC136

(1) Schedule 3, item 1, page 71 (line 28), omit "$20,000", substitute "$50,000".

(2) Schedule 3, item 1, page 72 (line 1), omit "$20,000", substitute "$50,000".

(3) Schedule 3, item 1, page 72 (line 26), omit "$20,000", substitute "$50,000".

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SHEET SC138

(1) Schedule 1, item 10, page 10 (line 16), omit "$1,000", substitute "$5,000".

(2) Schedule 1, item 10, page 10 (line 17), omit "$1,000", substitute "$5,000".