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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Electoral Amendment (Banning Foreign
Political Donations) Bill 2017
No. , 2017
(Mr Katter)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918 in relation to gifts from foreign
sources, and for related purposes
No. , 2017
Electoral Amendment (Banning Foreign Political Donations) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2017
Electoral Amendment (Banning Foreign Political Donations) Bill 2017
1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918 in relation to gifts from foreign
2
sources, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Electoral Amendment (Banning Foreign Political
6
Donations) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Electoral Amendment (Banning Foreign Political Donations) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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.
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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repealed as set out in the applicable items in the Schedule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. , 2017
Electoral Amendment (Banning Foreign Political Donations) Bill 2017
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
foreign person means:
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(a) a foreign person within the meaning of the Foreign
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Acquisitions and Takeovers Act 1975; or
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(b) any person or other entity, or any person or other entity that
9
meets the conditions, prescribed by the regulations.
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2 After section 306
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Insert:
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306AA Gifts from foreign sources not to be received
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(1) It is unlawful for:
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(a) a political party; or
15
(b) a State branch of a political party;
16
to receive a gift made to or for the benefit of the party or branch if:
17
(c) the amount or value of the gift exceeds $1,000; and
18
(d) either:
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(i) the gift is made by a foreign person; or
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(ii) the gift is not accompanied by a statutory declaration by
21
the person who makes the gift stating that the person is
22
not a foreign person.
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(2) It is unlawful for:
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(a) a candidate; or
25
(b) a member of a group; or
26
(c) a person acting on behalf of a candidate or group;
27
to receive a gift made to or for the benefit of the candidate or the
28
group, as the case may be, if:
29
(c) the amount or value of the gift exceeds $1,000; and
30
(d) either:
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(i) the gift is made by a foreign person; or
32
Schedule 1 Amendments
4
Electoral Amendment (Banning Foreign Political Donations) Bill 2017
No. , 2017
(ii) the gift is not accompanied by a statutory declaration by
1
the person who makes the gift stating that the person is
2
not a foreign person.
3
(3) For the purposes of subsection (2), a person who is a candidate in
4
an election shall be taken to remain a candidate for 30 days after
5
the polling day in the election.
6
(4) For the purposes of subsection (2), persons who constituted a
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group in an election shall be taken to continue to constitute the
8
same group for 30 days after the polling day for the election.
9
(5) Where a person receives a gift that, by virtue of this section, it is
10
unlawful for the person to receive, an amount equal to the amount
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or value of the gift is payable by that person to the Commonwealth
12
and may be recovered by the Commonwealth as a debt due to the
13
Commonwealth by action, in a court of competent jurisdiction
14
against:
15
(a) in the case of a gift to or for the benefit of a political party or
16
a State branch of a political party:
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(i) if the party or branch, as the case may be is a body
18
corporate--the party or branch, as the case may be; or
19
(ii) in any other case--the agent of the party or branch, as
20
the case may be; or
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(b) in any other case--the candidate or a member of the group or
22
the agent of the candidate or of the group, as the case may be.
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(6) This section does not apply to a gift that is returned within 30 days
24
after its receipt.
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(7) This section does not apply to the extent (if any) that it would
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infringe any constitutional doctrine of implied freedom of political
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communication.
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3 Subsection 315A(1)
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Omit "or 306(5)", substitute ", 306(5) or 306AA(5)".
30
4 After paragraph 321A(1)(f)
31
Insert:
32
(fa) subsections 306AA(1) and (2);
33
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