Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, in a financial year, a person or entity makes gifts totalling more than the disclosure threshold to:
(a) the same registered political party; or
(b) the same State branch of a registered political party; or
(c) the same significant third party;
the person or entity must, in accordance with this section, provide a return to the Electoral Commission within 20 weeks after the end of the financial year, covering all the gifts that the person or entity made to that political party, branch or significant third party during the financial year.
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.
(2) For the purposes of subsection (1), a person or entity who makes a gift to any other person or entity with the intention of benefiting a particular registered political party, State branch of a registered political party, or significant third party, is taken to have made that gift directly to that party, branch or significant third party.
(3) For each gift, the return must set out the following:
(b) the date on which it was made;
(c) the name and address of the registered political party, branch or significant third party.
(3A) The return must also set out the relevant details of any gift received by the person or entity at any time if:
(a) the gift was used wholly or partly to make another gift (the later gift ) in a financial year to:
(i) the same registered political party; or
(ii) the same State branch of a registered political party; or
(iii) the same significant third party; and
(b) the amount or value of the later gift is more than the disclosure threshold.
(3B) Relevant details for the purpose of subsection (3A), in relation to a gift, are:
(a) the amount or value of the gift; and
(b) the date on which the gift was made; and
(c) 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; and
(d) 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
(e) in any other case--the name and address of the person or entity who made the gift.
(4) The return must be in the approved form.
(5) This section does not apply to gifts made by a political entity or associated entity.
(6) In addition, this section does not apply in relation to a gift if:
(a) the gift was received by, or on behalf of, a person or organisation that was registered under the Australian Charities and Not - for - profits Commission Act 2012 ; and
(b) no part of the gift was used during the financial year by the person or organisation:
(i) to enable the person or organisation to incur electoral expenditure, or create or communicate electoral matter; or
(ii) to reimburse the person or organisation for incurring electoral expenditure, or creating or communicating electoral matter.
(7) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.