COMMONWEALTH ELECTORAL ACT 1918 - SECT 314AEA Annual returns by associated entities

COMMONWEALTH ELECTORAL ACT 1918 - SECT 314AEA

  (1)   If an entity is an associated entity at any time during a financial year, the entity's financial controller must, subject to subsection   (6), provide a return to the Electoral Commission, in the approved form, within 16 weeks after the end of the financial year, setting out:

  (a)   the total amount received by, or on behalf of, the entity during the financial year, together with the details required by section   314AC; and

  (b)   the total amount paid by, or on behalf of, the entity during the financial year; and

  (c)   if the entity is an associated entity at the end of the financial year--the total outstanding amount, as at the end of the financial year, of all debts incurred by or on behalf of the entity, together with the details required by section   314AE; and

  (d)   in any case--details of any discretionary benefits (however described) received by, or on behalf of, the entity from the Commonwealth, a State or a Territory 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 an estimate of the amount, not disclosed in accordance with subsection   (1)--3 times that amount.

  (2)   Subject to subsection   (6), if:

  (a)   an entity is registered as an associated entity for a financial year (the current financial year ); and

  (b)   the entity was not required to be registered as an associated entity for the previous financial year;

the financial controller of the associated entity must provide a return to the Electoral Commission, in the approved form, by the end of the period of 30 days after the entity is registered as an associated entity for the current financial year, setting out:

  (c)   the total amount received by, or on behalf of, the entity during the previous financial year, together with the details required by section   314AC; and

  (d)   the total amount paid by, or on behalf of, the entity during the previous financial year; and

  (e)   the total outstanding amount, as at the end of the previous financial year, of all debts incurred by or on behalf of the entity, together with the details required by section   314AE; and

  (f)   details of any discretionary benefits (however described) received by, or on behalf of, the entity from the Commonwealth, a State or a Territory during the previous 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 an estimate of the amount, not disclosed in accordance with subsection   (2)--3 times that amount.

  (3)   For a return under subsection   (1) or (2), if any amount required to be set out under paragraph   (1)(b) or (2)(d) (as the case may be):

  (a)   was paid to or for the benefit of one or more registered political parties; and

  (b)   was paid out of funds generated from capital of the associated entity;

the return must also set out the following details about each person who contributed to that capital after the commencement of this section:

  (c)   the name and address of the person;

  (d)   the total amount of the person's contributions to that capital, up to the end of the financial year.

  (4)   Subsection   (3) does not apply to contributions that have been set out in a previous return under subsection   (1) or (2).

  (5)   Sections   314AC and 314AE apply for the purposes of paragraphs   (1)(a), (b) and (c) and (2)(c), (d) and (e) of this section to a return for an associated entity in the same way as they apply for the purposes of subparagraphs   314AB(2)(a)(i), (ii) and (iii) to a return for a registered political party or a significant third party.

  (6)   A return is not required to be provided under subsection   (1) or (2) for an associated entity for a financial year if:

  (a)   the entity was also a significant third party during that year; and

  (b)   a return was provided for the entity under section   314AB for that year.

  (6A)   If a return that is required to be provided under subsection   (2) would include no amounts or details, the return provided must include a statement to the effect that there are no amounts or details to be included.

  (7)   Subsection   93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection   (1) or (2) of this section.