Commonwealth Consolidated Acts

ELECTORAL AND REFERENDUM AMENDMENT ACT (NO. 1) 1999 - SCHEDULE 1

Commonwealth Electoral Act 1918

Insert:

(9C)

A tape or disk containing information that discloses particulars of the dates of birth, or salutations, of electors may be provided by the Electoral Commission to:

(a)

a member of the House of Representatives or a Senator; or

(b)

a registered political party.

2 Subsection 91A(1)

Omit "or (9B)", substitute ", (9B) or (9C)".

3 Subsection 91A(1) (penalty)

Omit "$1,000", substitute "100 penalty units".

4 Subsection 91A(1AA) (penalty)

Omit "10 penalty units", substitute "100 penalty units".

5 After paragraph 91A(1A)(a)

Insert:

(aa)

research regarding electoral matters; and

6 At the end of paragraph 91A(2)(a)

Add "and".

7 After paragraph 91A(2)(a)

Insert:

(aa)

research regarding electoral matters; and

8 Subsection 91B(2) (penalty)

Omit "$1,000", substitute "1,000 penalty units".

9 Subsection 91B(3) (penalty)

Omit "$1,000", substitute "1,000 penalty units".

13 Subsection 186(1)

After "must send", insert "or arrange for the delivery of".

14 Subsection 266(1)

Omit "After the close of the poll", substitute "At any time on or after the last Monday before the close of the poll".

15 Subsection 287(1) (paragraph (b) of the definition of associated entity )

Repeal the paragraph, substitute:

(b)

operates wholly or to a significant extent for the benefit of one or more registered political parties.

16 Subsection 305(1)

Omit "during that disclosure period", substitute "at any time".

17 Paragraph 305(1)(a)

After "person" (first occurring), insert "during that disclosure period".

18 After subsection 305B(3)

Insert:

(3A)

The return must also set out the relevant details of all gifts received by the person at any time, being gifts used to make gifts the whole or part of which were used to make gifts totalling $1,500 or more in a financial year to the same registered political party or the same State branch of a registered political party and the amount or value of each of which is equal to or exceeds $1,000.

(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 who made the gift.

19 After section 306

Insert:

(1)

It is unlawful for a political party or a State branch of a political party or a person acting on behalf of a political party or a State branch of a political party to receive a loan of $1,500 or more from a person or entity other than a financial institution unless the loan is made in accordance with subsection (3).

(2)

It is unlawful for a candidate or a member of a group or a person acting on behalf of a candidate or group to receive a loan of $1,500 or more from a person or entity other than a financial institution unless the loan is made in accordance with subsection (3).

(3)

The receiver of the loan must keep a record of the following:

(a)

the terms and conditions of the loan;

(b)

if the loan was received from a registered industrial organisation other than a financial institution:

(i)

the name of the organisation; and

(ii)

the names and addresses of the members of the executive committee (however described) of the organisation;

(c)

if the loan was received from an unincorporated association:

(i)

the name of the organisation or association; and

(ii)

the names and addresses of the members of the executive committee (however described) of the association or organisation;

(d)

if the loan was paid 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 foundation; and

(ii)

the title or other description of the trust fund, or the name of the foundation, as the case requires; or

(e)

in any other case—the name and address of the person or organisation.

(4)

For the purpose of subsection (2), a person who is a candidate in an election is taken to remain a candidate for 30 days after the polling day in the election.

(5)

For the purpose of subsection (2), persons who constituted a group in an election are taken to continue to constitute the same group for 30 days after the polling day in the election.

(6)

Where a person receives a loan that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the loan is payable by that person to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against:

(a)

in the case of a loan to or for the benefit of a political party or a State branch of a political party:

(i)

if the party or branch, as the case may be, is a body corporate—the party or branch, as the case may be; or

(ii)

in any other case—the agent of the party or branch, as the case may be; or

(b)

in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

(7)

For the purposes of this section, if credit is provided on a credit card in respect of card transactions, the credit is to be treated as a separate loan for each transaction.

(8)

In this section: