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

The question now is that the Jacqui Lambie Network amendments on sheets 3198 and 3317 be agreed to.

Jacqui Lambie Network 's circulated amendments—

SHEET 3198

(1) Clause 1, page 1 (lines 6 and 7), omit "Electoral Reform", substitute "Snouts in the Trough".

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SHEET 3317

(1) Page 94 (after line 28), after Schedule 3, insert:

Schedule 3A — Prohibiting donations from gambling, liquor and tobacco industries

Commonwealth Electoral Act 1918

1 Before Division 5B of Part XX

Insert:

Division 5AA — Prohibited donations

314AGA Definitions

In this Division:

close associate of a corporation means each of the following:

(a) a director or officer of the corporation or the spouse of such a director or officer;

(b) a related body corporate of the corporation;

(c) a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20%, or the spouse of such a person;

(d) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to that stapled security;

(e) if the corporation is a trustee, manager or responsible entity in relation to a trust—a person who holds more than 20% of the units in the trust (in the case of a unit trust) or is a beneficiary of the trust (in the case of a discretionary trust).

electoral expenditure has the same meaning as in Division 5.

gambling industry business entity means:

(a) a corporation engaged in a business undertaking that involves wagering, betting or other gambling (including the manufacture of machines used primarily for that purpose); or

(b) a person who is a close associate of a corporation referred to in paragraph (a).

liquor industry business entity means:

(a) a corporation engaged in a business undertaking that involves the manufacture or sale of liquor products; or

(b) a person who is a close associate of a corporation referred to in paragraph (a).

officer, in relation to a corporation, has the same meaning as in the Corporations Act 2001.

political donation has the meaning given by section 314AGB.

prohibited donation, for a relevant donor, has the meaning given by section 314AGC.

related body corporate has the same meaning as in the Corporations Act 2001.

relevant donor means:

(a) a gambling industry business entity; or

(b) a liquor industry business entity; or

(c) a tobacco industry business entity.

spouse of a person includes a de facto partner of that person.

Note: For de facto partner, see section 21 of the Acts Interpretation Act 1901.

stapled entity means an entity the interests in which are traded along with the interests in another entity as stapled securities and (in the case of a stapled entity that is a trust) includes any trustee, manager or responsible entity in relation to the trust.

State branch includes a division of a State branch.

tobacco industry business entity means:

(a) a corporation engaged in a business undertaking that involves the manufacture or sale of tobacco or inhaled nicotine products; or

(b) a person who is a close associate of a corporation referred to in paragraph (a).

voting power has the same meaning as in the Corporations Act 2001.

314AGB Meaning of political donation

Each of the following is a political donation:

(a) a gift made to or for the benefit of a political party or a State branch of a political party;

(b) a gift made to or for the benefit of a member of the Commonwealth Parliament;

(c) a gift made to or for the benefit of a candidate (including a member of a group);

(d) a gift made to or for the benefit of an associated entity of a registered political party;

(e) a gift made to or for the benefit of a significant third party;

(f) a gift made to or for the benefit of an entity or other person (not being a party, elected member, group or candidate), the whole or part of which was used or is intended to be used by the entity or person:

(i) to enable the entity or person to make, directly or indirectly, a political donation or to incur electoral expenditure in relation to an election;

(ii) to reimburse the entity or person for making, directly or indirectly, a political donation or incurring electoral expenditure in relation to an election;

(g) a loan:

(i) that, if it had been a gift, would have been a political donation under this section; and

(ii) that was not made by a financial institution (within the meaning of section 306A).

314AGC Meaning of prohibited donation

A political donation is a prohibited donation for a relevant donor if the relevant donor is:

(a) a gambling industry business entity; or

(b) a liquor industry business entity; or

(c) a tobacco industry business entity.

314AGD Prohibited donations by relevant donors unlawful

(1) It is unlawful for a relevant donor to make a political donation that is a prohibited donation for the relevant donor.

(2) It is unlawful for a person to make a political donation on behalf of a relevant donor if the political donation is a prohibited donation for the relevant donor.

(3) It is unlawful for a person to accept a political donation that was made (wholly or partly) by a relevant donor, or by a person on behalf of a relevant donor, if the political donation is a prohibited donation for the relevant donor.

(4) It is unlawful for a relevant donor to solicit another person to make a political donation that is a prohibited donation for the relevant donor.

(5) It is unlawful for a person to solicit another person on behalf of a relevant donor to make a political donation that is a prohibited donation for the relevant donor.

(6) If a person receives a gift that, under this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against:

(a) in the case of a gift to or for the benefit of a political party or a State branch of a political party:

(i) if the party or branch, as the case may be is a body corporate—the party or branch, as the case may be; or

(ii) in any other case—the agent of the party or branch, as the case may be; or

(b) in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

314AGE Offences — prohibited donations

(1) A person (the defendant) commits an offence if:

(a) the defendant is a relevant donor; and

(b) the defendant makes a gift; and

(c) the gift is a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(2) A person (the defendant) commits an offence if:

(a) the defendant makes a gift on behalf of another person; and

(b) the other person is a relevant donor; and

(c) the gift is a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(3) A person (the defendant) commits an offence if:

(a) the defendant accepts a gift; and

(b) the gift was given (wholly or partly) by, or by a person on behalf of, a relevant donor; and

(c) the gift is a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(4) A person (the defendant) commits an offence if:

(a) the defendant is a relevant donor; and

(b) the defendant solicits another person to make a gift; and

(c) the gift is, or would be, a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

(5) A person (the defendant) commits an offence if:

(a) the defendant solicits another person to make a gift; and

(b) the defendant does so on behalf of another person (the donor); and

(c) the donor is a relevant donor; and

(d) the gift is, or would be, a prohibited donation for the relevant donor.

Penalty: Imprisonment for 2 years or 400 penalty units, or both.

Fault element

(6) The fault element for the following paragraphs is knowledge by the defendant:

(a) paragraphs (1)(a) and (c);

(b) paragraphs (2)(b) and (c);

(c) paragraphs (3)(b) and (c);

(d) paragraphs (4)(a) and (c);

(e) paragraphs (5)(c) and (d).

Civil penalty

(7) A person is liable to a civil penalty if the person contravenes any of subsections (1) to (5).

Civil penalty:

The higher of the following amounts:

(a) 400 penalty units;

(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount of value, of the gift at the time the gift is made—3 times that amount or value.

314AGF Offence — scheme to circumvent prohibitions

(1) A person commits an offence if the person enters into or carries out a scheme (whether alone or with others) for the purpose of circumventing a prohibition or requirement of this Division.

Penalty: Imprisonment for 2 years.

(2) It does not matter whether the person also enters into or carries out the scheme for other purposes.

(3) In this section:

scheme includes an arrangement, an understanding or a course of conduct.

314AGG Electoral Commission may determine that a person is presumed not to be a relevant donor

(1) The Electoral Commission may determine, in writing, that a person (the donor) is presumed not to be a relevant donor for the purposes of this Division if:

(a) a donor or another person (the applicant) applies to the Commission for the determination to be made; and

(b) the Commission is satisfied that it is more likely than not that the donor is not a relevant donor.

(2) The Electoral Commission can decide whether or not to make a determination under subsection (1) on the basis of information provided by the applicant and their own inquiries.

(3) A determination under subsection (1) remains in force for 12 months after it is made, unless it is revoked earlier.

(4) The Electoral Commission may, by written notice to the applicant, revoke a determination under subsection (1) if the Commission is no longer satisfied of the matter in paragraph (1)(b). Subsection (2) does not apply to a decision of whether or not to revoke a determination under this subsection.

Effect of presumption

(5) If a person is, under a determination made under subsection (1), presumed not to be a relevant donor, then sections 314AGD, 314AGE and 314AGF do not apply in relation to a gift made by or on behalf of the person.

(6) However, subsection (5) does not apply to a person who knows that information provided to the Electoral Commission in connection with the making of the determination was false or misleading in a material particular.

(7) The onus of proving that a person is not presumed not to be a relevant donor under a determination made under subsection (1) is born by:

(a) in proceedings under section 314AGD—the Commonwealth; or

(b) in proceedings for an offence against section 314AGE or 314AGF—the prosecution.

Register of determinations

(8) The Electoral Commission must maintain, and publish on the Commission's website, a register of determinations made under subsection (1).

Determination is not a legislative instrument

(9) A determination made under subsection (1) is not a legislative instrument.

2 Subsection 315A(1)

After "or subsection 301(3)", insert "or 314AGD(6)".