COMMONWEALTH ELECTORAL ACT 1918 - SECT 314B Disclosure of amounts given etc. for federal purposes

COMMONWEALTH ELECTORAL ACT 1918 - SECT 314B

Disclosure of amounts and benefits given etc.

  (1)   Despite any State or Territory electoral law, a person or entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) if the person or entity expressly gives the amount to, or for the benefit of, a regulated entity for federal purposes.

  (1A)   Despite any State or Territory electoral law, a person or entity is not required to disclose under that law the value of a non - monetary benefit, or information relating to a non - monetary benefit, if the person or entity expressly provides the benefit to, or for the benefit of, a regulated entity for federal purposes.

Note:   For the definition of non - monetary benefit , see subsection   (8).

Disclosure of amounts and other benefits received

  (1B)   Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount of money, or information relating to an amount of money, (including a gift or loan) that is received by or on behalf of the regulated entity if:

  (a)   the amount is deposited into a federal account as soon as practicable after the amount is received; and

  (b)   the amount is not transferred or withdrawn out of the account except:

  (i)   to use the amount for federal purposes; or

  (ii)   to transfer the amount to another federal account.

  (1C)   To avoid doubt, subsection   (1B) is taken never to have applied if, at any time, the amount is transferred or withdrawn out of the account, or any other federal account, except as provided by subparagraph   (1B)(b)(i) or (ii).

  (2)   Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law the value of a non - monetary benefit, or information relating to a non - monetary benefit, that is received by or on behalf of the regulated entity unless the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes.

  (3)   To avoid doubt, subsection   (2) is taken never to have applied if, at any time, the regulated entity keeps the benefit for use for, or uses the benefit for, purposes other than federal purposes.

  (4)   Subsections   (1B) and (2) also have the effect they would have if a reference to an amount or benefit were confined to an amount or benefit expressly given or provided for federal purposes.

Disclosure of expenditure

  (5)   Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of expenditure if the expenditure is electoral expenditure.

Disclosure of debts

  (6)   Despite any State or Territory electoral law, a regulated entity is not required to disclose under that law an amount, or information relating to an amount, of a debt (except a debt incurred as a result of a loan) if the debt is incurred for federal purposes.

Interpretation

  (7)   Despite any State or Territory electoral law, if, as a result of this section, a person or entity is not required to disclose under that law an amount, information or value referred to in this section (the federal information ), then:

  (a)   it is immaterial whether the federal information is required to be included in a return provided under this Part; and

  (b)   a total amount, or information relating to a total amount, that is required to be disclosed under that law is not required to include the federal information.

  (8)   A non - monetary benefit is a gift, or a good or service that is lent, that is not money.

  (9)   For the purposes of this section, if an action (such as, giving or using) is taken in relation to a part of an amount or non - monetary benefit for a particular purpose, and that same action is taken in relation to another part of the amount or benefit for a different purpose, each part of the amount or benefit is taken to be a separate amount or benefit.

Compulsory production provisions excluded

  (10)   This section does not apply in relation to any compulsory production provision in a State or Territory electoral law.

  (11)   A compulsory production provision in a State or Territory electoral law is a provision that confers a power on a person or body (the regulator ) to compel a particular person to disclose information (including an amount or value) for the purposes of the regulator investigating a potential contravention of that or any other law.

Note:   A provision that confers a power for a person or body to give a notice to produce to a regulated entity is an example of a compulsory production provision.