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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ELECTORAL AMENDMENT (ELECTORAL
EXPENDITURE AND POLITICAL DONATIONS)
BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Election expenditure)
6. Sections 5A and 5B inserted
5A. Meaning of gift
5B. Meaning of political donation
7. Section 165 amended (Power of Commission to require
information)
8. Parts 6A and 6B inserted
PART 6A - Electoral Expenditure in Respect of Assembly
Elections
Division 1 - Election expenditure
165A. Election agent
165B. Who may incur expenditure
165C. Candidate's expenditure limit
165D. Lodgment of candidate's election expenditure return
165E. Party's expenditure limit
165F. Lodgment of party's election expenditure return
Division 2 - Further provisions relating to expenditure
165G. Commission to check returns
165H. Return available for public inspection
[Bill 83]-I
165I. Power of Commission to require information relating
to election expenditure
PART 6B - Political Donations
165J. Register of political donations
165K. Disclosure of donations of $1 500 or more
165L. Disclosure of donations of $1 500 or more by same
person
165M. Anonymous political donations
165N. Power of Commission to require information relating
to political donations
165O. Register and disclosures to be published
9. Part 7, Division 6: Heading amended
10. Section 199 amended (Offences relating to electoral expenses by
candidates)
11. Sections 199A, 199B and 199C inserted
199A. Offences relating to electoral expenditure by parties
199B. Offences relating to political donations
199C. Offences relating to anonymous political donations
12. Repeal of Act
2
ELECTORAL AMENDMENT (ELECTORAL
EXPENDITURE AND POLITICAL DONATIONS)
BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
20 November 2013
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Electoral Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Electoral
Amendment (Electoral Expenditure and Political
Donations) Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 83] 3
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Donations) Act 2013
Act No. of
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3. Principal Act
In this Act, the Electoral Act 2004* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of deputy registered
officer:
disposition of property means any
conveyance, transfer, assignment,
settlement, delivery, payment or
other alienation of property, and
includes -
(a) the allotment of shares in
a company; and
(b) the creation of a trust in
property; and
(c) the grant or creation of
any lease, mortgage,
charge, servitude, licence,
power, partnership or
interest in property; and
(d) the release, discharge,
surrender, forfeiture or
*No. 51 of 2004
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abandonment, at law or in
equity, of any debt,
contract or chose in
action, or of any interest
in property; and
(e) the exercise by a person
of a general power of
appointment of property
in favour of any other
person; and
(f) any transaction entered
into by any person with
intent thereby to diminish,
directly or indirectly, the
value of the person's own
property and to increase
the value of the property
of any other person;
(b) by omitting "poll;" from paragraph (b) of
the definition of expenditure period and
substituting "poll; or";
(c) by inserting the following paragraph after
paragraph (b) in the definition of
expenditure period:
(c) in the case of an Assembly
election -
(i) if the election is held
within 12 months of the
commencement of section
4 of the Electoral
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Donations) Act 2013
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Amendment (Electoral
Expenditure and Political
Donations) Act 2013, the
period commencing on
the commencement of
that Act and ending on the
day on which the election
is held; or
(ii) if the election is held at
any other time, the period
of 12 months ending on
the day on which the
election is held;
(d) by inserting the following definition after
the definition of prisoner:
property includes both real and
personal property;
5. Section 5 amended (Election expenditure)
Section 5(1) of the Principal Act is amended by
inserting "an Assembly election or" after "at" in
the definition of election expenditure.
6. Sections 5A and 5B inserted
After section 5 of the Principal Act, the
following sections are inserted in Part 1:
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5A. Meaning of gift
(1) For the purposes of this Act, a gift is any
disposition of property made by a person
to another person, otherwise than by will,
being a disposition made without
consideration in money or money's
worth or with inadequate consideration,
and includes the provision of a service
(other than volunteer labour) for no
consideration or for inadequate
consideration.
(2) For the purposes of this Act -
(a) the amount of a donation or
expenditure consisting of a
disposition of property other than
money is taken to be the amount
equal to the value of the property
disposed of; and
(b) the value of property disposed of
or the value of a gift may, if the
Commission so requires, be
determined by valuers appointed
or approved by the Commission.
5B. Meaning of political donation
(1) For the purposes of this Act, a political
donation is -
(a) a gift made to or for the benefit of
a party; or
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(b) a gift made to or for the benefit of
a Member; or
(c) a gift made to or for the benefit of
a candidate or an intending
candidate; or
(d) a gift made to or for the benefit of
an entity or other person (not
being a party, a Member, a
candidate or an intending
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; or
(ii) to reimburse the entity or
person for making,
directly or indirectly, a
political donation or
incurring electoral
expenditure.
(2) An amount paid by a person as a
contribution, entry fee or other payment
to entitle that or any other person to
participate in, or otherwise obtain any
benefit from, a fund-raising venture or
function (being an amount that forms
part of the proceeds of the venture or
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Donations) Act 2013
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s. 7
function) is taken to be a gift for the
purposes of this section.
(3) An annual or other subscription paid to a
party by -
(a) a member of the party; or
(b) a person or entity (including an
industrial organisation) for
affiliation with the party -
is taken to be a gift to the party for the
purposes of this section.
(4) A gift to an individual that was made in a
private capacity to the individual for his
or her personal use, and that the
individual has not used, and does not
intend to use, solely or substantially for a
purpose related to an election or to his or
her duties as a Member, is not a political
donation.
7. Section 165 amended (Power of Commission to
require information)
Section 165 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(d) "a
party to" and substituting "involved
with";
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(b) by omitting from subsection (5) "under"
first occurring and substituting "in
relation to".
8. Parts 6A and 6B inserted
After section 165 of the Principal Act, the
following Parts are inserted:
PART 6A - ELECTORAL EXPENDITURE IN
RESPECT OF ASSEMBLY ELECTIONS
Division 1 - Election expenditure
165A. Election agent
(1) A candidate or intending candidate at an
Assembly election may appoint a person
to be his or her election agent.
(2) An appointment under subsection (1) is
to be in writing and signed by the
candidate or intending candidate.
(3) Only one person may hold an
appointment as the election agent for a
particular candidate or intending
candidate at any one time.
(4) The election agent of a candidate or
intending candidate may incur or
authorise expenditure on behalf of that
candidate or intending candidate.
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165B. Who may incur expenditure
(1) Subject to subsection (2), a person, other
than a candidate or intending candidate
or the election agent of a candidate or
intending candidate or a party, must not
incur any expenditure with a view to
promoting or procuring the election of
the candidate or intending candidate as a
Member of the Assembly.
(2) Subsection (1) does not preclude the
payment or giving of any money,
security or equivalent of money directly
to a candidate or intending candidate or
his or her election agent with a view to
promoting or procuring the election of
the candidate or intending candidate as a
Member of the Assembly.
(3) A candidate or intending candidate at an
Assembly election must not authorise a
person other than his or her election
agent to incur on his or her behalf
expenditure with a view to promoting or
procuring the candidate's or intending
candidate's election.
165C. Candidate's expenditure limit
(1) A candidate at an Assembly election
must not, in respect of his or her
campaign for that election, incur election
expenditure exceeding the expenditure
limit.
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(2) The expenditure limit is $75 000 in the
year 2014 and increases by an additional
$1 000 each subsequent year.
(3) If a court convicts a candidate of an
offence against subsection (1) it is to, at
the time of conviction, make a finding of
the amount by which the candidate's
election expenditure exceeded the
expenditure limit.
(4) For the purposes of subsection (1),
expenditure incurred by the election
agent of a candidate is taken to have been
incurred by the candidate.
165D. Lodgment of candidate's election
expenditure return
Every candidate at an Assembly election
must complete an election expenditure
return which is to -
(a) be in an approved form; and
(b) include particulars of -
(i) all election expenditure
that has been paid by the
candidate or paid on
behalf of the candidate by
his or her election agent;
and
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(ii) all disputed claims and all
unpaid claims against the
candidate in respect of
any election expenditure;
and
(c) be accompanied by any invoice
account or receipt in respect of
each item of election expenditure
that exceeds $20; and
(d) be signed and declared before a
justice or a commissioner for
declarations; and
(e) be lodged with the Commission
within 60 days after the day on
which the result of an Assembly
election is declared, or within
such extended period, not
exceeding 30 days, as the
Commission may allow.
165E. Party's expenditure limit
(1) A party must not, in respect of the party's
campaign for an Assembly election,
incur election expenditure exceeding the
expenditure limit.
(2) If a party, in respect of its campaign for
an Assembly election, incurs election
expenditure exceeding the expenditure
limit, the party secretary is guilty of an
offence.
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(3) For the purposes of subsection (1), the
expenditure limit is $750 000 in the year
2014 and increases by an additional
$10 000 each subsequent year.
(4) If a court convicts a party secretary of an
offence against subsection (2), it is, at the
time of conviction, to make a finding of
the amount by which the party's election
expenditure exceeded the expenditure
limit.
165F. Lodgment of party's election expenditure
return
A party secretary at an Assembly
election must complete an election
expenditure return which is to -
(a) be in an approved form; and
(b) include particulars of -
(i) all election expenditure
that has been paid by the
party or paid on behalf of
the party; and
(ii) all disputed claims and all
unpaid claims against the
party in respect of any
election expenditure; and
(c) be accompanied by any invoice
account or receipt in respect of
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each item of election expenditure
that exceeds $20; and
(d) be signed and declared before a
justice or a commissioner for
declarations; and
(e) be lodged with the Commission
within 60 days after the day on
which the result of an Assembly
election is declared, or within
such extended period, not
exceeding 30 days, as the
Commission may allow.
Division 2 - Further provisions relating to expenditure
165G. Commission to check returns
On receiving a return lodged under
section 165D or 165F, the Commission is
to satisfy itself as to the authenticity and
accuracy of the return and that all
particulars required to be included in the
return have been included.
165H. Return available for public inspection
(1) The Commission is to -
(a) keep returns for a period of 12
months; and
(b) during that period make those
returns available for inspection,
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free of charge, by a member of
the public.
(2) At the expiration of the period referred to
in subsection (1), the Commission may
cause the returns to be disposed of in an
approved manner.
165I. Power of Commission to require information
relating to election expenditure
(1) If the Commission has reason to believe
that a person is in possession of
information or records relating to
election expenditure, the Commission
may, by written notice, require -
(a) the person to provide that
information at a specified time
and place; or
(b) the person to produce for
inspection any of those records at
a specified time and place; or
(c) the person to answer any question
relating to that expenditure at a
specified time and place; or
(d) any person who was involved
with the compilation of those
records to make a statement
providing an explanation of them.
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(2) The Commission may make and retain
copies of any records produced under
subsection (1)(b) or of any parts of those
records.
(3) Any information provided, answer given
or statement made by a person in
response to a requirement made under
subsection (1) may not be used in any
proceedings against that person except
proceedings under section 199(8) in
relation to that information, answer or
statement.
(4) A person is not obliged to provide any
information, produce records, answer a
question or make a statement under this
section unless that person has first been
informed by the Commission that he or
she is required to do so.
(5) In any proceedings for an offence in
relation to this section, a copy of a record
or part of a record made under
subsection (2) is admissible in evidence
in those proceedings and, in the absence
of evidence to the contrary, the contents
of the copy are presumed to be the same
as those on the original record or part.
(6) In this section -
records includes books, accounts,
minutes, registers, deeds, writings
or documents and any other
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sources of information compiled,
recorded or stored in written
form, on micro-film or by
electronic process, or in any other
manner or by any other means.
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PART 6B - POLITICAL DONATIONS
165J. Register of political donations
(1) A party secretary, a Member, a candidate
or an intending candidate must keep a
register in an approved form of all
political donations made in a financial
year.
(2) A party secretary, a Member, a candidate
or an intending candidate must lodge the
register referred to in subsection (1) with
the Commission within 3 months of the
end of the financial year to which it
relates.
165K. Disclosure of donations of $1 500 or more
A party secretary, a Member, a candidate
or an intending candidate must disclose
to the Commission in an approved form
any donations of $1 500 or more made to
the party, Member, candidate or
intending candidate within 14 days of the
receipt of the donation.
165L. Disclosure of donations of $1 500 or more by
same person
A party secretary, a Member, a candidate
or an intending candidate must disclose
to the Commission in an approved form
donations from the same donor in a
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Donations) Act 2013
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financial year that cumulatively amount
to $1 500 or more made to the party,
Member, candidate or intending
candidate within 14 days of the receipt of
the donation that causes the amount of
$1 500 or more to be reached.
165M. Anonymous political donations
(1) A party, a Member, a candidate or an
intending candidate must not accept a
political donation of $1 500 or more
made by a person, unless the name of the
person making the political donation is
known to the party secretary, Member,
candidate or intending candidate.
(2) A party, a Member, a candidate or an
intending candidate must not accept a
political donation if acceptance of the
political donation means that the total of
political donations, from persons where
the person's name is not known to the
party secretary, Member, candidate or
intending candidate, exceed $15 000 in a
financial year.
(3) If a political donation is received that
results in the party, Member, candidate
or intending candidate contravening
subsection (1) or (2), the party secretary,
Member, candidate or intending
candidate must pay to the Commission
an amount equal to the amount of the
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s. 8
political donation within 14 days of
receipt of the political donation.
(4) The amount payable under subsection (3)
is a debt payable to the State by the
party, Member, candidate or intending
candidate and may be recovered by
proceedings in a court of competent
jurisdiction.
165N. Power of Commission to require information
relating to political donations
(1) If the Commission has reason to believe
that a person is in possession of
information or records relating to
political donations, the Commission may,
by written notice, require -
(a) the person to provide that
information at a specified time
and place; or
(b) the person to produce for
inspection any of those records at
a specified time and place; or
(c) the person to answer any question
relating to the donations at a
specified time and place; or
(d) any person who was involved
with the compilation of those
records to make a statement
providing an explanation of them.
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(2) The Commission may make and retain
copies of any records produced under
subsection (1)(b) or of any parts of those
records.
(3) Any information provided, answer given
or statement made by a person in
response to a requirement made under
subsection (1) may not be used in any
proceedings against that person except
proceedings under section 199B or 199C
in relation to that information, answer or
statement.
(4) A person is not obliged to provide any
information, produce records, answer a
question or make a statement under this
section unless that person has first been
informed by the Commission that he or
she is required to do so.
(5) In any proceedings for an offence in
relation to this section, a copy of a record
or part of a record made under
subsection (2) is admissible in evidence
in those proceedings and, in the absence
of evidence to the contrary, the contents
of the copy are presumed to be the same
as those on the original record or part.
(6) In this section -
records includes books, accounts,
minutes, registers, deeds, writings
or documents and any other
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Donations) Act 2013
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s. 9
sources of information compiled,
recorded or stored in written
form, on micro-film or by
electronic process, or in any other
manner or by any other means.
165O. Register and disclosures to be published
(1) The Commission -
(a) is to keep a register lodged under
section 165J for a period of 7
years; and
(b) may publish those parts of a
register lodged under
section 165J that are approved for
publishing by the Commission.
(2) The Commission is to -
(a) keep the information disclosed
under section 165K or 165L for a
period of 7 years; and
(b) publish the details of the
information disclosed under
sections 165K and 165L.
(3) At the expiration of the period referred to
in subsection (1)(a) and (2)(a), the
Commission may cause the register or
the information disclosed to be disposed
of in an approved manner.
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9. Part 7, Division 6: Heading amended
Division 6 of Part 7 of the Principal Act is
amended by inserting in the heading to that
Division "and political donations" after
"expenses".
10. Section 199 amended (Offences relating to electoral
expenses by candidates)
Section 199 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 159 or 162" and substituting
"section 159, 162 or 165B";
(b) by inserting in subsection (2) "an
Assembly election or" after "at";
(c) by omitting from subsection (2)
"section 160" and substituting
"section 160 or 165C, as the case may
be,";
(d) by inserting in subsection (3) "an
Assembly election or" after "at";
(e) by omitting from subsection (3)
"section 160" and substituting
"section 160 or 165C, as the case may
be,";
(f) by omitting from subsection (4)
"section 161" and substituting
"section 161 or 165D";
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(g) by inserting in subsection (5) "an
Assembly election or" after "at";
(h) by omitting from subsection (6)
"section 161" and substituting
"section 161 or 165D";
(i) by omitting from subsection (7)
"section 165(1)" and substituting
"section 165(1) or 165I(1)";
(j) by omitting from subsection (8)
"section 165(1)" and substituting
"section 165(1) or 165I(1)";
(k) by omitting from subsection (9) "under"
first occurring and substituting "against";
(l) by omitting from subsection (9)
"section 165(2)" and substituting
"section 165(2) or 165I(2)".
11. Sections 199A, 199B and 199C inserted
After section 199 of the Principal Act, the
following sections are inserted in Division 6:
199A. Offences relating to electoral expenditure by
parties
(1) A party secretary who contravenes
section 165F is guilty of an offence.
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 6 months, or both.
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(2) A party secretary who contravenes
section 165E by incurring any amount
not exceeding $1 000 in excess of the
expenditure limit is guilty of an offence.
Penalty: Fine not exceeding 0.05 penalty
unit for each $1 of that first-
mentioned amount.
(3) A party secretary who contravenes
section 165E by incurring any amount
exceeding $1 000 in excess of the
expenditure limit is guilty of an offence.
Penalty: Fine not exceeding 150 penalty
units.
(4) A party secretary who, without
reasonable excuse, fails to comply with
section 165F, within the period referred
to in that section, or, if the Commission
has allowed that period to be extended,
within that extended period, is guilty of
an offence.
Penalty: Fine not exceeding 200 penalty
units.
(5) A party secretary who, in purported
compliance with section 165F, files a
return, invoice or receipt which is, to his
or her knowledge, false or misleading in
a material particular is guilty of an
offence.
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Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 6 months, or both.
(6) A party secretary must not, without
reasonable excuse, fail to comply with a
requirement made under section 165I(1).
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(7) A party secretary who, in purported
compliance with a requirement made
under section 165I(1), provides
information, gives an answer or makes a
statement which is, or produces records
which are, to his or her knowledge, false
or misleading in a material particular is
guilty of an offence.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(8) In any proceedings for an offence against
this section, a copy of a record or a part
of a record made under section 165I(2) is
admissible in evidence in those
proceedings and, in the absence of
evidence to the contrary, the contents of
the copy are to be presumed to be the
same as those on the original record or
part.
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199B. Offences relating to political donations
(1) A person who contravenes section 165J,
165K or 165L is guilty of an offence.
Penalty: Fine not exceeding 200 penalty
units.
(2) A person who, in purported compliance
with section 165J, 165K or 165L, lodges
a register that is, to the person's
knowledge, false or misleading in a
material particular is guilty of an offence.
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 6 months, or both.
(3) A person must not, without reasonable
excuse, fail to comply with a requirement
made under section 165N(1).
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(4) A person who, in purported compliance
with a requirement made under
section 165N(1), provides information,
gives an answer or makes a statement
which is, or produces records which are,
to his or her knowledge, false or
misleading in a material particular is
guilty of an offence.
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Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 months, or both.
(5) In any proceedings for an offence against
this section, a copy of a record or part of
a record made under section 165N(2) is
admissible in evidence in those
proceedings and, in the absence of
evidence to the contrary, the contents of
the copy are to be presumed to be the
same as those on the original record or
part.
199C. Offences relating to anonymous political
donations
A person who contravenes section 165M
is guilty of an offence.
Penalty: Fine not exceeding 200 penalty
units.
12. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 29