Commonwealth Consolidated Acts Commonwealth Consolidated Acts(2) The agent of each person (including a member of a group) who was a candidate in an election or by - election shall, within 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form and in accordance with this section, setting out the total amount or value of all gifts, the number of persons who made gifts, and the relevant details of each gift, received by the person while the person was a candidate in the election or by - election.
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.
(3) Subject to subsection (3A), the agent of each group shall, within 15 weeks after the polling day in the election in relation to which the members of the group had their names grouped in the ballot papers, furnish to the Electoral Commission a return, in an approved form and in accordance with this section, setting out the total amount or value of all gifts, the number of persons who made gifts, and the relevant details of each gift, received by the group while the group was a group in the election.
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.
(3A) In the case of a group all of whose members were endorsed by the same registered political party, a gift received by the group shall be taken to have been received:
(a) if the party has 2 or more State branches--by the relevant State branch of the party; and
(b) in any other case--by the party.
(4) For the purposes of this section, a reference to the relevant details, in relation to a gift, shall be read as a reference to the amount or value of the gift, the date on which the gift was made and:
(a) in the case of a gift made on behalf of the members of 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;
(b) in the case of a gift purportedly made 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 funds of the foundation; and
(ii) the title or other description of the trust fund or the name of the foundation, as the case requires; and
(c) in any other case--the name and address of the person who made the gift.
(5) Notwithstanding subsections (2) and (3), the agent of a candidate or group is not required, in a return under subsection (2) or (3), as the case may be, to set out the relevant details of a gift if:
(b) in the case of a gift made to a candidate (including a member of a group):
(i) the gift was made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election or a by - election; or
(ii) the amount or value of the gift is less than or equal to the disclosure threshold; or
(c) in the case of a gift made to a group--the amount or value of the gift is less than or equal to the disclosure threshold.
(6) Subparagraph (5)(b)(ii) or paragraph (5)(c) does not apply in relation to a return under subsection (2) or (3), as the case may be, in relation to a gift made by a person if:
(b) in the case of a gift made to a candidate (including a member of a group)--the sum of the amount or value of that gift and of all other gifts (not being gifts of the kind referred to in subparagraph (5)(b)(i)) made by that person to that candidate during the period to which the return relates is more than the disclosure threshold; or
(c) in the case of a gift made to a group--the sum of the amount or value of that gift and of all other gifts made by that person to that group during the period to which the return relates is more than the disclosure threshold.
(8) Notwithstanding subsection (2), the agent of a person is not required, in a return under subsection (2), to set out the total amount or value of, or the number of persons who made, gifts of the kind referred to in subparagraph (5)(b)(i).
(9) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) or (3) of this section.
(10) Despite subsection 287(9), for the purposes of this section, a person who is a candidate in an election or by - election:
(a) is taken to begin to be a candidate in the election or by - election on the earlier of the following days:
(i) the day that is 6 months before the day the person announced that the person would be a candidate in the election or by - election;
(ii) the day that is 6 months before the day the person nominated as a candidate in the election or by - election; and
(b) is taken to cease to be a candidate in the election or by - election at the end of 30 days after the polling day in the election or by - election.
(11) Despite subsection 287(9), for the purposes of this section, a group:
(a) is taken to begin to be a group in an election on the day that is 6 months before the day the members of the group make a request under section 168 for their names to be grouped in the ballot papers for the election; and
(b) is taken to cease to be a group in the election at the end of 30 days after the polling day in the election.