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COMMONWEALTH ELECTORAL ACT 1918 - SECT 305A

Gifts to candidates etc.

  (1)   A person or entity must provide a return in accordance with this section if:

  (a)   the person or entity makes a gift or gifts to any candidate or member of a group in an election or by - election; and

  (b)   the total amount or value of the gift or gifts was:

  (i)   equal to or more than the amount prescribed for the purposes of this paragraph; or

  (ii)   if no amount is prescribed--more than the disclosure threshold; and

  (c)   at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or an associated entity.

  (1A)   A person or entity must provide a return in accordance with this section if:

  (a)   the person or entity makes a gift or gifts:

  (i)   during the period, relating to an election or by - election, specified by legislative instrument by the Electoral Commissioner; and

  (ii)   to any person or entity (whether incorporated or not) specified by the instrument; and

  (b)   the total amount or value of the gift or gifts was:

  (i)   equal to or more than the amount prescribed for the purposes of this paragraph; or

  (ii)   if no amount is prescribed--more than the disclosure threshold; and

  (c)   at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or associated entity.

  (2)   The person or entity must, in accordance with this section, provide to the Electoral Commission a return setting out the required details of:

  (a)   all gifts covered by subsections   (1) and (1A); and

  (b)   all gifts of more than the disclosure threshold, received by the person or entity at any time, that the person or entity used (either wholly or partly):

  (i)   to enable the person or entity to make the gifts mentioned in paragraph   (a) of this subsection; or

  (ii)   to reimburse the person or entity for making such gifts.

Civil penalty:

The higher of the following:

  (a)   60 penalty units;

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

  (2A)   For the purposes of subsection   (2), 2 or more gifts made by a person or entity are taken to be one gift if:

  (a)   the gifts are made to the same candidate or group in an election or by - election; or

  (b)   the gifts are made to the same person or entity during the period specified by legislative instrument under paragraph   (1A)(a).

  (3)   The return must:

  (a)   be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election or by - election; and

  (b)   be in the approved form.

  (4)   For the purposes of this section, the required details of a gift are its amount or value, the date on which it was made and:

  (a)   if the gift was made to an unincorporated association, other than a registered industrial organisation:

  (i)   the name of the association; and

  (ii)   the names and addresses of the members of the executive committee (however described) of the association; or

  (b)   if the gift was purportedly made to a trust fund or paid into the funds of a foundation:

  (i)   the names and addresses of the trustees of the fund or of the foundation; and

  (ii)   the title or other description of the trust fund, or the name of the foundation, as the case requires; or

  (c)   in any other case--the name and address of the person or entity.

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

  (6)   Despite subsection   287(9), for the purposes of this section, a person who is a candidate in an election or by - election:

  (a)   is taken to begin to be a candidate in the election or by - election on the earlier of the following days:

  (i)   the day that is 6 months before the day the person announced that the person would be a candidate in the election or by - election;

  (ii)   the day that is 6 months before the day the person nominated as a candidate in the election or by - election; and

  (b)   is taken to cease to be a candidate in the election or by - election at the end of 30 days after the polling day in the election or by - election.

  (7)   Despite subsection   287(9), for the purposes of this section, a group:

  (a)   is taken to begin to be a group in an election on the day that is 6 months before the day the members of the group make a request under section   168 for their names to be grouped in the ballot papers for the election; and

  (b)   is taken to cease to be a group in the election at the end of 30 days after the polling day in the election.


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