Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
ELECTORAL AMENDMENT (ELECTORAL
EXPENDITURE AND POLITIAL DONATIONS) BILL
2013
Clause 1: Short Title
Provides that the Act may be cited as the
Electoral Amendment (Electoral Expenditure
and Political Donations) Act 2013.
Clause 2: Commencement
The Act commences on a day or days to be
proclaimed.
Clause 3: Principal Act
In this Act, a reference to the Principal Act is a
reference to the Electoral Act 2004.
Clause 4: Section 3 amended (Interpretation)
Inserts a definition of "disposition of property"
and of "property". Amends the definition of
"expenditure period".
Clause 5: Section 5 amended (Election
expenditure)
Amends section 5(1) of the Principal Act to
include "an Assembly election or" in the
definition of "election expenditure".
Clause 6: Section 5A and 5B inserted
Are inserted after section 5 of the Principal
Act
5A. Meaning of gift
Inserts new section 5A which provides a
definition of the term "gift"
5B. Meaning of political donation
Inserts a new section 5b which provides a
definition of "political donation".
Clause 7: Section 165 amended (Power of
Commission to require information)
Amends section 165 of the Principal Act by
replacing the words "a party to" with
"involved with".
Clause 8: Parts 6A and 6B inserted
Are inserted after section 165 of the Principal
Act
Part 6A Electoral Expenditure in
respect of Assembly Elections
Division 1 Candidate's or intending
candidate's expenditure
165A. Election Agent
Allows a candidate at an Assembly election to
appoint a person to be his or her election
agent. Only one person may be the election
agent for a candidate at any one time, and that
election agent may incur or authorise
expenditure on behalf of that candidate.
165B. Who may incur expenditure
Prohibits a person other than a candidate or
election agent from incurring expenditure in
relation to promoting or procuring the
election of a candidate. This does not,
however, preclude the payment or giving of
any money, security, or equivalent of money
directly to a candidate or his or her election
agent.
165C. Candidate's expenditure limit
Provides that a candidate is not to incur
election expenditure in respect of his or her
election campaign which exceeds the
expenditure limit. This includes expenditure
incurred by an election agent on behalf of a
candidate. The expenditure limit is $75,000 in
the year 2014 and increases by an additional
$1,000 each subsequent year.
165D. Lodgment of candidate's election
expenditure return
Requires every candidate at an Assembly
election to complete an election expenditure
return and lodge it with the Commission
within 60 days after the day on which the
result of a House election is declared. It
outlines the details which are to appear in the
election expenditure return.
165E. Party's expenditure limit
Sets an expenditure limit at an Assembly
election of $750,000 per party in 2014,
increasing by an additional $10,000 each
subsequent year. A party must not contravene
this limit.
165F. Lodgment of party's election
expenditure return
Requires a party secretary at an Assembly
election to complete an election expenditure
return and lodge it with the Commission
within 60 days after the day on which the
result of a House election is declared. It
outlines the details which are to appear in the
election expenditure return.
Division 2 Further provisions relating
to expenditure
165G. Commission to check returns
Requires the Commission to satisfy itself as to
the authenticity and accuracy of each electoral
expenditure return it receives.
165H. Return available for public
inspection
Requires the Commission to keep electoral
expenditure returns for a period of twelve
months, and to make those returns available
for public inspection.
165I. Power of Commission to require
information relating to election
expenditure
Enables the Commission to require, in writing,
a person to provide information or "records"
(defined in this clause) relating to election
expenditure.
Part 6B Political Donations
165J. Register of political donations
A part secretary, a candidate or a member
must keep a register of all political donations
made in a financial year and lodge the register
with the Commission within 3 months of the
end of the financial year to which it relates.
165K. Disclosure of donations of $1500
or more
Within 14 days of receipt of a donation of
$1500 or more a party secretary, a candidate
or a Member must disclose the receipt of the
donation to the Commission.
165L. Disclosure of donations of $1500
or more by same person
When a donor makes cumulative donations
that total over $1500, the party secretary, a
candidate or a Member must disclose the
donation to the Commission within 14 days of
the receipt of the donation that causes the
amount of $1500 or more to be reached.
165M. Anonymous political donations
A party, Member or candidate must not accept
a donation of $1500 or more from an
anonymous donor. If the total of donations
received from anonymous donors exceeds
$15000 in a financial year, the donation that
causes the total to exceed $15000 cannot be
accepted. If a donation is received in
contravention of these provisions, the amount
is to be paid to the Commission within 14 days
of its receipt.
165N. Power of Commission to require
information relating to political
donations
Gives the commission the power to require
various things of a person when there
Commission believes that the person is in
possession of records or information relating
to political donations.
165O. Register and disclosures to be
published
Provides that the Commission is to keep the
registers for 7 years and publish certain parts
of them.
Clause 9: Part 7, Division 6: Heading amended
Amends the heading by inserting the words
"and political donations" after "expenses".
Clause 10: Section 199 amended (Offences relating
to electoral expenses by candidates)
Inserts reference to the new sections in to the
Offences section of the Principal Act so as to
create offences in relation to the new sections.
Clause 11: Sections 199A, 199B and 199C inserted
These sections create new offense applicable
to the new sections.
199A. Offences relating to electoral
expenditure by parties
Creates a variety of offences relating to
electoral expenditure by parties.
199B. Offences relating to political
donations
Creates an offence of contravening sections
165J, 165K or 165L
199C. Offences relating to anonymous
donations.
Provides an offence in relation to the receipt
of anonymous donations.
Clause 12: Repeal of Act
Is a standard clause in all amending legislation
which automatically repeals the amending
legislation after the Act commences. The
provisions that the amending legislation inserts
into the Principle Act still remain in force after
the repeal of the Amending Act.