Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 306

  (1)   A person or entity must provide to the Electoral Commission a return for a financial year in accordance with this section if:

  (a)   during the year the person or entity makes a gift or gifts to the same member of the House of Representatives or the same Senator and the total amount or value of the gift or gifts is more than the disclosure threshold; and

  (b)   the gift or gifts were made for federal purposes.

Note:   For federal purpose , see subsection   287(1).

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.

Content of return

  (2)   The return must set out the following details for each gift made to the member or Senator during the financial year for a federal purpose:

  (a)   the amount or value of the gift;

  (b)   the date on which the gift was made;

  (c)   the name and address of the member or Senator.

  (3)   The return must also set out the relevant details of any gift (an earlier gift ) received by the person or entity at any time if:

  (a)   the earlier gift was used wholly or partly to make another gift to the member or Senator during the financial year for a federal purpose; and

  (b)   the amount or value of the other gift is more than the disclosure threshold.

  (4)   Relevant details for the purpose of subsection   (3), in relation to an earlier gift, are:

  (a)   the amount or value of the gift; and

  (b)   the date on which the gift was made; and

  (c)   for a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation--the name of the association and the names and addresses of the members of the executive committee (however described) of the association; and

  (d)   for a gift purportedly made out of a trust fund or out of the funds of a foundation--the names and addresses of the trustees of the fund or foundation and the title, name or other description of the fund or foundation; and

  (e)   for any other gift--the name and address of the person or entity who made the gift.

Timing of return etc.

  (5)   A return under this section must:

  (a)   be provided before the end of 20 weeks after the end of the financial year; and

  (b)   be in the approved form.

Limitation

  (6)   This section does not apply to gifts made by a political entity or associated entity.

No continuing contraventions

  (7)   Subsection   93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection   (1) of this section.