Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person or entity must provide a return in accordance with this section if:
(a) the person or entity makes a gift or gifts to any candidate or member of a group in an election or by - election; and
(b) the total amount or value of the gift or gifts was:
(i) equal to or more than the amount prescribed for the purposes of this paragraph; or
(ii) if no amount is prescribed--more than the disclosure threshold; and
(c) at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or an associated entity.
(1A) A person or entity must provide a return in accordance with this section if:
(a) the person or entity makes a gift or gifts:
(i) during the period, relating to an election or by - election, specified by legislative instrument by the Electoral Commissioner; and
(ii) to any person or entity (whether incorporated or not) specified by the instrument; and
(b) the total amount or value of the gift or gifts was:
(i) equal to or more than the amount prescribed for the purposes of this paragraph; or
(ii) if no amount is prescribed--more than the disclosure threshold; and
(c) at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or associated entity.
(2) The person or entity must, in accordance with this section, provide to the Electoral Commission a return setting out the required details of:
(a) all gifts covered by subsections (1) and (1A); and
(b) all gifts of more than the disclosure threshold, received by the person or entity at any time, that the person or entity used (either wholly or partly):
(i) to enable the person or entity to make the gifts mentioned in paragraph (a) of this subsection; or
(ii) to reimburse the person or entity for making such gifts.
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.
(2A) For the purposes of subsection (2), 2 or more gifts made by a person or entity are taken to be one gift if:
(a) the gifts are made to the same candidate or group in an election or by - election; or
(b) the gifts are made to the same person or entity during the period specified by legislative instrument under paragraph (1A)(a).
(3) The return must:
(a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election or by - election; and
(b) be in the approved form.
(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 entity.
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
(6) 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.
(7) 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.