Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must provide to the Electoral Commission a return for a financial year in accordance with this section if:
(a) the person is a member of the House of Representatives or is a Senator during the year; and
(b) the person received one or more gifts during the year that were made for federal purposes.
Note 1: For federal purpose , see subsection 287(1).
Note 2: If the person did not receive any gifts during the year that were made for federal purposes, the person does not need to provide a return.
Note 3: Returns provided under this section are published on the Transparency Register: see section 320.
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 under subsection (2)--3 times that amount.
Content of return
(2) The return must set out the following details:
(a) the total amount or value of all gifts received by the person during the year that are covered by paragraph (1)(b);
(b) the total number of persons who made those gifts;
(c) in relation to each gift made to the person during the year that is covered by paragraph (1)(b) and where the amount or value of the gift is more than the disclosure threshold:
(i) the amount or value of the gift; and
(ii) the date on which the gift was made; and
(iii) for a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation--the name of the association and the names and addresses of the members of the executive committee (however described) of the association; and
(iv) for a gift purportedly made out of a trust fund or out of the funds of a foundation--the names and addresses of the trustees of the fund or foundation and the title, name or other description of the fund or foundation; and
(v) for any other gift--the name and address of the person who made the gift.
Timing of return etc.
(3) A return under this section must:
(a) be provided before the end of 20 weeks after the end of the financial year; and
(b) be in the approved form.
Limitation
(4) This section does not apply in relation to a gift if the gift is covered by a return provided under section 304 or 314AB.
No continuing contraventions
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
Return provided on behalf of member or Senator
(6) A member of the House of Representatives or a Senator is taken to have provided a return under this section if the member or Senator causes another person to provide the return on behalf of the member or Senator.