Commonwealth Electoral Amendment Act 1992

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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:

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

(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;";

(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);

(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:

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

(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)";

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

(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:

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

(b)     any candidate in an election or member of a group; or

(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:

(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

(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

(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:

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

(b)    by omitting paragraph (1)(h).

Returns of electoral expenditure

11. Section 309 of the Principal Act is amended:

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

(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:

(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

(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

(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:

(a)     an amount of less than $100; or

(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]

Overview

The Commonwealth Electoral Amendment Act 1992, enacted by the Parliament of Australia, was introduced to address the need for more comprehensive regulations around political donations and financial disclosures in federal elections. The Act amends the Commonwealth Electoral Act 1918, introducing measures to ensure greater transparency in political funding and to regulate the reporting of political gifts and donations. This includes introducing specific requirements for the disclosure of gifts made to political parties and candidates, and modifying the conditions under which political parties must report their financial activities. The Act aims to enhance the integrity of the electoral process by ensuring that all political donations and related expenditures are properly documented and disclosed.

Scope and Application

The Commonwealth Electoral Amendment Act 1992 applies to individuals and organisations involved in the electoral process in Australia, including registered political parties, State branches of registered political parties, candidates in an election, and members of a group. It further applies to gifts made to political entities during the disclosure period in relation to an election. The Act has a national jurisdictional reach, being a Commonwealth Act. There are specific exclusions, such as registered industrial organisations, from certain provisions of the Act. The Act allows for the extension and restriction of its application through subordinate instruments such as regulations, which may provide further detail on the types of events considered as fundraising events and require greater detail to be provided in returns. The Act amends the Commonwealth Electoral Act 1918, which governs the conduct of elections for the Commonwealth Parliament and related matters. The amendments introduced by the Commonwealth Electoral Amendment Act 1992 focus on updating the definitions, disclosure requirements, and reporting obligations for political gifts and electoral expenditure. The Act also introduces new provisions for annual returns by registered political parties, including details on amounts received, amounts paid, and outstanding debts. These changes are designed to enhance transparency and accountability in political funding and election-related activities in Australia.

Key Provisions

The Commonwealth Electoral Amendment Act 1992 amends various sections of the Commonwealth Electoral Act 1918. Key sections include the amendments to the definitions of "disclosure period" and "gift" (sections 3 and 6), the insertion of new subsections (section 4), and the addition of new sections (sections 7 and 8). The Act also introduces obligations for parties and candidates to disclose gifts made during the disclosure period (section 8), and it specifies the details that must be included in these disclosures (section 8(4)). Furthermore, the Act mandates that certain entities, such as registered political parties and their state branches, must submit annual returns detailing their financial activities (sections 314AB to 314AE). Under this Act, parties and candidates have several obligations. They must treat campaign committees as part of their state branches (section 4). Agents of parties or branches must act on behalf of the party or branch when the agent of the party or branch is dead or the appointment is vacant (section 5). Political parties and candidates must disclose gifts made during the disclosure period to the Electoral Commission, unless the total value of such gifts falls below specified thresholds (section 8). Registered political parties and their state branches must submit annual financial returns detailing their income, expenditures, and outstanding debts for each financial year (sections 314AB to 314AE). These returns must be furnished within specific timeframes and include detailed information about the financial transactions. The Act imposes several penalties and consequences for non-compliance. Firstly, failure to comply with the disclosure requirements for gifts can result in fines and other legal consequences. Secondly, the Electoral Commission has the authority to inspect and supply copies of claims and returns to ensure compliance (section 15). Non-compliance with the requirements to submit annual financial returns can also lead to penalties, reinforcing the importance of accurate and timely reporting. The specific penalties for these breaches are not detailed in the Act but would typically involve fines or other legal actions as prescribed by electoral law.

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Area of Law
Election Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.