COMMONWEALTH ELECTORAL ACT 1918 - SECT 287F Requirement to register as a significant third party

COMMONWEALTH ELECTORAL ACT 1918 - SECT 287F

  (1)   A person or entity (except a political entity, a member of the House of Representatives or a Senator) must be registered for a financial year as a significant third party, in accordance with subsection   (2), if:

  (a)   the amount of electoral expenditure incurred by or with the authority of the person or entity during that or any one of the previous 3 financial years is $250,000 or more; or

  (b)   the amount of electoral expenditure incurred by or with the authority of the person or entity:

  (i)   during that financial year is at least equal to the disclosure threshold; and

  (ii)   during the previous financial year was at least one - third of the revenue of the person or entity for that year; or

  (c)   during that financial year the person or entity operates for the dominant purpose of fundraising amounts:

  (i)   the aggregate of which is at least equal to the disclosure threshold; and

  (ii)   that are for the purpose of incurring electoral expenditure or that are to be gifted to another person or entity for the purpose of incurring electoral expenditure.

Note:   A person or entity might be taken to have incurred electoral expenditure in a financial year if the person or entity was required to be registered as a significant third party for a previous financial year but was not so registered (see section   287J).

  (2)   The person or entity must be registered before the end of 90 days after becoming required to be registered.

  (3)   A person or entity that is required to be registered under subsection   (1) for a financial year must not:

  (a)   incur any, or any further, electoral expenditure; or

  (b)   fundraise any, or any further, amounts for the purpose of incurring electoral expenditure;

in that financial year, after becoming required to be so registered, if the person or entity is not registered as a significant third party.

Note:   The financial controller of an entity may contravene this subsection if the entity is not a legal person (see section   287C).

Civil penalty:

The higher of the following amounts:

  (a)   200 penalty units;

  (b)   if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of electoral expenditure incurred in contravention of this subsection   (if any), or the amount, or an estimate of the amount, fundraised in contravention of this subsection   (if any), or both--3 times that amount.