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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Electoral Amendment
(Real Time Disclosure of Political
Donations) Bill 2023
No. , 2023
(Ms Sharkie)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918, and for related purposes
No. , 2023
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2023
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Commonwealth Electoral Amendment (Real Time
5
Disclosure of Political Donations) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The first 1 July to occur after the day this
Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Section
302V (paragraph beginning "Gifts totalling")
4
Repeal the paragraph, substitute:
5
The Electoral Commission must be notified of a gift of, or gifts
6
totalling, more than the disclosure threshold made to:
7
(a)
a registered political party or State branch; or
8
(b)
a candidate in an election (including a by-election);
9
in a financial year as soon as practicable, and no later than 5
10
business days, after the latest gift is received. The Electoral
11
Commission must also be notified of such gifts made to significant
12
third parties but only if a part of the gifts is used for certain
13
electoral purposes.
14
In addition, if gifts totalling more than the disclosure threshold are
15
made by a single person to the same registered political party, State
16
branch or significant third party during a financial year, an annual
17
return must also be provided to the Electoral Commission.
18
2 Section
302V (paragraph beginning "Returns provided")
19
After "Returns", insert "and notices".
20
3 Section 305B (at the end of the heading)
21
Add: "
--annual returns
".
22
4 After section 305B
23
Insert:
24
Schedule 1
Amendments
4
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
No. , 2023
305C Gifts to political parties, significant third parties or
1
candidates--immediate notice
2
Gifts to political parties
3
(1) If:
4
(a) in a financial year, a person or entity makes a gift (the
latest
5
gift
) to:
6
(i) a registered political party; or
7
(ii) a State branch of a registered political party; and
8
(b) the total amount or value of the latest gift, or of the latest gift
9
and all other gifts (the
previous gifts
) previously made by the
10
person or entity to the party or branch in the financial year, is
11
more than the disclosure threshold;
12
the agent of the party or branch must, in accordance with this
13
section, give a notice to the Electoral Commission as soon as
14
practicable, and no later than 5 business days, after receiving the
15
latest gift.
16
Civil penalty:
17
The higher of the following:
18
(a) 60 penalty units;
19
(b) if there is sufficient evidence for the court to determine the
20
amount or value, or an estimate of the amount or value, of
21
gifts not disclosed--3 times that amount or value.
22
Gifts to significant third parties
23
(2) If:
24
(a) in a financial year, a person or entity makes a gift (the
latest
25
gift
) to a significant third party; and
26
(b) the total amount or value of the latest gift, or of the latest gift
27
and all other gifts (the
previous gifts
) previously made by the
28
person or entity to the party or branch in the financial year, is
29
more than the disclosure threshold; and
30
(c) the significant third party uses any part of the latest gift or the
31
previous gifts to incur electoral expenditure, or to create or
32
communicate electoral matter, in the financial year;
33
Amendments
Schedule 1
No. , 2023
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
5
the financial controller of the significant third party must, in
1
accordance with this section, give a notice to the Electoral
2
Commission as soon as practicable, and no later than 5 business
3
days, after:
4
(d) if a part of a previous gift has been used for a purpose
5
mentioned in paragraph (c) before the latest gift is received--
6
the day the latest gift is received; or
7
(e) otherwise--the day after a part of the latest gift or a previous
8
gift is used for a purpose mentioned in paragraph (c).
9
Civil penalty:
10
The higher of the following:
11
(a) 60 penalty units;
12
(b) if there is sufficient evidence for the court to determine the
13
amount or value, or an estimate of the amount or value, of
14
gifts not disclosed--3 times that amount or value.
15
Gifts to candidates
16
(3) If:
17
(a) in a financial year, a person or entity makes a gift (the
latest
18
gift
) to a candidate in an election (including a by-election);
19
and
20
(b) the total amount or value of the latest gift, or of the latest gift
21
and all other gifts (the
previous gifts
) previously made by the
22
person or entity to the candidate in the financial year, is more
23
than the disclosure threshold;
24
the candidate must, in accordance with this section (and either
25
directly or through an agent), give a notice to the Electoral
26
Commission as soon as practicable, and no later than 5 business
27
days, after receiving the latest gift.
28
Civil penalty:
29
The higher of the following:
30
(a) 60 penalty units;
31
(b) if there is sufficient evidence for the court to determine the
32
amount or value, or an estimate of the amount or value, of
33
gifts not disclosed--3 times that amount or value.
34
Schedule 1
Amendments
6
Commonwealth Electoral Amendment (Real Time Disclosure of
Political Donations) Bill 2023
No. , 2023
General provisions
1
(4) For the purposes of this section, a person or entity who makes a
2
gift to any other person or entity with the intention of benefiting a
3
particular registered political party, State branch of a registered
4
political party, significant third party or candidate is taken to have
5
made that gift directly to that party, branch, significant third party
6
or candidate.
7
(5) The notice must be in the approved form and set out the following
8
for the latest gift and each previous gift:
9
(a) the identity of the person or entity who made the gift;
10
(b) a description of the gift;
11
(c) the amount of the gift;
12
(d) the date on which the gift was received;
13
(e) the name and address of the registered political party, branch,
14
significant third party or candidate.
15
5 Subsection 320(1) (after table item 3)
16
Insert:
17
3A
each notice given under
section 305C of the making of a gift
or gifts
as soon as reasonably practicable
after receiving the notice.
18