Commonwealth Electoral Amendment Act 1992 (Cth)

Commonwealth Electoral Amendment

Act 1992

No. 45 of 1992

An Act to amend the Commonwealth Electoral Act 1918

[Assented to 11 June 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Commonwealth Electoral Amendment Act 1992.

(2) In this Act, "Principal Act" means the Commonwealth Electoral Act 19181.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. Section 287 of the Principal Act is amended:

1. (a)

   by omitting paragraph (a) of the definition of "disclosure period" in subsection (1);

2. (b)

   by omitting paragraph (f) of the definition of "disclosure period" in subsection (1) and substituting the following paragraph:

   "(f) in the case of a person or organisation to which subsection 305(1) or 305A(1) applies—at the end of 30 days after the polling day in the last general election or election of Senators for a State or Territory;";

3. (c)

   by omitting "(in this definition referred to as the 'donor')" and "(in this definition referred to as the 'donee')" from the definition of "gift" in subsection (1);

1. (d)

   by inserting in subsection (1) the following definition:

   " 'registered industrial organisation' means an organisation registered under the Industrial Relations Act 1988 or under a law of a State or Territory concerning the registration of industrial organisations;".

Campaign committee to be treated as part of State branch of party

4. Section 287A of the Principal Act is amended by omitting from subsection (1) "and 5" and substituting ", 5 and 5A".

Responsibility for action when agent of party or branch dead or appointment vacant

5. Section 292B of the Principal Act is amended by omitting from paragraph (a) "or 5" and substituting ", 5 or 5A".

Disclosure of gifts

6. Section 304 of the Principal Act is amended by inserting in paragraph (4)(a) ", other than a registered industrial organisation" after "unincorporated association".

Expenditure incurred for political purposes

7. Section 305 of the Principal Act is amended:

1. (a)

   by inserting in subsection (1) "registered" before "political party" (wherever occurring);

2. (b)

   by omitting from subparagraph (3)(a)(iii) "(not being a gift made on the condition that it be used by the party or branch for a purpose other than a purpose related to an election or by-election)";

3. (c)

   by inserting in subparagraph (3)(b)(i) ", other than a registered industrial organisation" after "unincorporated association";

4. (d)

   by omitting subsection (4) and substituting the following subsections:

   "(4) For the purposes of subsection (1), 2 or more gifts made,

during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.

"(5) This section does not apply in relation to a gift made before 1 July 1992 unless this section as in force before the commencement of the Political Broadcasts and Political Disclosures Act 1991 would have applied in relation to the gift.".

8. After section 305 of the Principal Act the following section is inserted:

Donations to candidates and political parties

"305A.(1) If a person (other than a registered political party, a State branch of a registered political party, a candidate in an election or a member of a group) makes a gift, during the disclosure period in relation to an election, to:

1. (a)

   any political party or State branch of a political party; or

2. (b)

   any candidate in an election or member of a group; or

   1. (c)

      any person or body (whether incorporated or not) specified by the Electoral Commission by notice in the Gazette;

the person must, within 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form, setting out the required details of all gifts made during the disclosure period.

"(2) A person need not make a return under subsection (1) if:

1. (a)

   the total amount or value of gifts referred to in paragraph (1)(a) was less than the amount prescribed for the purpose of this paragraph or, if no amount is prescribed, $4,500; and

2. (b)

   the total amount or value of gifts referred to in paragraph (1)(b) was less than the amount prescribed for the purpose of this paragraph or, if no amount is prescribed, $200; and

3. (c)

   the total amount or value of gifts referred to in paragraph (1)(c) was less than the amount prescribed for the purpose of this paragraph or, if no amount is prescribed, $1,000.

"(3) If subsection (2) does not apply to a person but a paragraph of that subsection does apply, the return need not include the required details of gifts referred to in that paragraph.

"(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 organisation.

"(5) This section does not apply to a gift made before 1 July 1992.".

Certain gifts not to be received

9. Section 306 of the Principal Act is amended by inserting in paragraph (2B)(a) ", other than a registered industrial organisation" after "unincorporated association".

Interpretation

10. Section 308 of the Principal Act is amended:

1. (a)

   by omitting from paragraph (1)(g) "; or";

2. (b)

   by omitting paragraph (1)(h).

Returns of electoral expenditure

11. Section 309 of the Principal Act is amended:

1. (a)

   by inserting in subsection (4) "registered" before "political party" (wherever occurring);

2. (b)

   by omitting subsections (5) to (8) and substituting the following subsection:

"(5) A person is not required to furnish a return under subsection (4) in respect of an election if the total amount of the electoral expenditure incurred in relation to the election by or with the authority of the person does not exceed $200.".

12. Division 5A of Part XX of the Principal Act is repealed and the following Division is substituted:

"Division 5A—Annual returns by registered political parties

Interpretation

"314AA.(1) In this Division:

'amount' includes the value of a gift or bequest.

"(2) Without limiting the kinds of events that are fund-raising events, a class of events are taken to be fund-raising events for the purposes of this Division if the regulations so provide.

"(3) For the purposes of this Division, a class of events are taken not to be fund-raising events if the regulations so provide.

Annual returns by registered political parties

"314AB. Subject to this Division, the agent of each registered political party and of each State branch of each registered political party must, within 20 weeks after the end of each financial year beginning on or after 1 July 1992, furnish to the Electoral Commission a return, in an approved form, setting out:

1. (a)

   the total amount received by, or on behalf of, the party during the financial year, together with the details required by section 314AC; and

2. (b)

   the total amount paid by, or on behalf of, the party during the financial year, together with the details required by section 314AD; and

3. (c)

   the total outstanding amount, as at the end of the financial year, of all debts incurred by, or on behalf of, the party, together with the details required by section 314AE.

Amounts received

"314AC.(1) If the sum of all amounts received by, or on behalf of, the party from a person or organisation during a financial year is $1,500 or more, the return must include the particulars of that sum.

"(2) In calculating the sum, an amount that was received from the person or organisation in the course of a fund-raising event need not be counted unless the total amount received from the person or organisation in the course of that event was $100 or more.

"(3) The particulars of the sum required to be furnished under subsection (1) are the amount of the sum, together with each amount making up the sum and the date of its receipt, and:

(a) if the sum was received from 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 sum was purportedly paid out of a trust fund or out of 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 organisation.

Amounts paid

"314AD.(1) If the sum of all amounts paid by, or on behalf of, the party to a person or an organisation during a financial year is $1,500 or more, the return must include the particulars of that sum.

"(2) In calculating the sum:

1. (a)

   an amount of less than $100; or

   1. (b)

      an amount paid under a contract of employment or an award specifying terms and conditions of employment;

need not be counted.

"(3) The particulars of a sum required to be furnished under subsection (1) are the amount of the sum, together with each amount making up the sum and the date on which it was paid, and:

(a) if the sum was paid 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 sum was purportedly paid into a trust fund or 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 organisation.

Outstanding amounts

"314AE.(1) If the sum of all outstanding debts incurred by, or on behalf of, the party to a person or an organisation during a financial year is $1,500 or more, the return must include the particulars of that sum.

"(2) The particulars of a sum required to be furnished under subsection (1) are the amount of the sum and:

(a) if the sum was owed 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 sum was purportedly incurred as a debt to a trust fund or to 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 organisation.

Returns not to include lists of party membership

"314AF. Returns provided in accordance with this Division are not to include lists of party membership.

Regulations

"314AG.(1) The regulations may require greater detail to be provided in returns than is required by this Division.

"(2) Without limiting subsection (1), the regulations may require that the total amounts referred to in section 314AB be broken down in the way specified in the regulations.".

Interpretation

13. Section 314A of the Principal Act is amended by omitting "or 5" and substituting ", 5 or 5A".

Inability to complete returns

14. Section 318 of the Principal Act is amended by omitting from subsection (1) "or 5" and substituting ", 5 or 5A".

Inspection and supply of copies of claims and returns

15. Section 320 of the Principal Act is amended by omitting from subsection (5) "September in" and substituting "January in the year following".

NOTE

1. No. 27 of 1918, as amended. For previous amendments, see No. 31, 1919; No. 14, 1921; No. 14, 1922; No. 10, 1924; No. 20, 1925; No. 17, 1928; No. 2, 1929; No. 9, 1934; No. 19, 1940; No. 42, 1946; No. 17, 1948; Nos. 10 and 47, 1949; No. 106, 1952; No. 79, 1953; No. 26, 1961; No. 31, 1962; Nos. 48 and 70, 1965; Nos. 32 and 93, 1966; No. 7, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 38, 1974; No. 56, 1975; Nos. 14 and 116, 1977; No. 19, 1979; Nos. 102 and 155, 1980; No. 176, 1981 (as amended by No. 26, 1982); No. 80, 1982; Nos. 39, 84 and 144, 1983; Nos. 45, 46, 120 and 133, 1984; Nos. 67, 166 and 193, 1985; Nos. 35, 141 and 184, 1987; No. 24, 1990; and No. 167, 1991.

[Minister's second reading speech made in—

Senate on 7 May 1992

House of Representatives on 4 June 1992