Commonwealth Numbered Acts

COMMONWEALTH ELECTORAL AMENDMENT ACT 1995 No. 42 of 1995 - SCHEDULE 1

                                 SCHEDULE                    Section 3

AMENDMENTS OF THE PRINCIPAL ACT 1. Subsection 287(1): Insert:

" 'associated entity' means an entity that:

   (a)  is controlled by one or more registered political parties; or

   (b)  operates wholly or mainly for the benefit of one or more registered
        political parties;
'entitlement' means an entitlement under section 294 in respect of an
election;
'entity' means:

   (a)  an incorporated or unincorporated body;

   (b)  the trustee of a trust;
'financial controller', in relation to an associated entity, means:

   (a)  if the entity is a company the secretary of the company;

   (b)  if the entity is the trustee of a trust the trustee;

   (c)  in other cases the person responsible for maintaining the financial
        records of the entity;". 2. Paragraph 290(3)(a): Omit "claim or". 3.
        Section 293: Repeal the section. 4. Subsections 294(1), (2) and (3):
        Omit the subsections, substitute:

"(1) Subject to this Division, $1.50 is payable for each first preference vote
given for a candidate in a House of Representatives election.

"(2) Subject to this Division, $1.50 is payable for each first preference vote
given for a candidate or group in a Senate election.". 5. Section 295: Repeal
the section. 6. Section 296: Repeal the section. 7. Section 298: Repeal the
section. 8. Subsection 299(1): Omit "the Electoral Commission is satisfied, in
relation to a claim under subsection 295(2), that". 9. Subsection 299(2): Omit
"the Electoral Commission is satisfied, in relation to a claim under
subsection 295(3), that". 10. Subsection 299(3): Omit "the Electoral
Commission is satisfied, in relation to a claim under subsection 295(4),
that". 11. Subsection 299(4): Omit "the Electoral Commission is satisfied, in
relation to a claim under subsection 295(5) or (6), that". 12. Subsection
299(5): Omit "at the time when the relevant claim under section 295 is
lodged", substitute "before the 20th day after the polling day in the
election.". 13. After subsection 299(5) insert:

"(5A) A notice may be lodged with the Electoral Commission for the purposes of
this section requesting that payments that would otherwise be made to the
agent of a registered political party specified in the notice are to be paid
instead to the agent of another registered political party specified in the
notice.

"(5B) A notice under subsection (5A):

   (a)  must be signed by the registered officer of each of the registered
        political parties specified in the notice; and

   (b)  can only be withdrawn by a notice lodged with the Electoral Commission
        and signed by the registered officer of each of those political
        parties.

"(5C) If a notice is lodged under subsection (5A), payments under this section
must be made in accordance with the notice for any election for which the
polling day is:

   (a)  after the day on which the notice was lodged; and

   (b)  before the day (if any) on which the notice is withdrawn.

"(5D) Where the Electoral Commission is required to make a payment under this
section in respect of an entitlement:

   (a)  at least 95% of the entitlement (calculated on the basis of the votes
        counted as at the 20th day after the polling day in the election) must
        be paid as soon as possible after that 20th day; and

   (b)  any balance must be paid as soon as possible after the amount of the
        full entitlement is known.". 14. Subsection 299(6): Omit "whether
        because of a false statement in a claim or otherwise,". 15. Section
        299A: Repeal the section. 16. Section 300: Omit "a claim for the
        payment may be made by, and the payment may be made to,", substitute
        "the payment may be made to". 17. Section 301: Omit "a claim for the
        payment may be made by, and the payment may be made to,", substitute
        "the payment may be made to". 18. Subsection 305(1): After "division
        of a registered political party," insert "an associated entity,". 19.
        Subsection 305A(1): After "a State branch of a registered political
        party," insert "an associated entity,". 20. Paragraph 305A(1)(a): Omit
        the paragraph. 21. Paragraph 305A(2)(a): Omit the paragraph. 22. After
        section 305A: Insert: Donations to political parties

"305B.(1) If, in a financial year, a person makes gifts totalling $1,500 or
more to:

   (a)  the same registered political party; or

   (b)  the same State branch of a registered political party; the person must
        furnish a return to the Electoral Commission within 20 weeks after the
        end of the financial year, covering all the gifts that the person made
        to that political party or branch during the financial year.

"(2) If a person makes a gift to any person or body with the intention of
benefiting a particular registered political party or State branch of a
registered political party, the person is taken for the purposes of subsection
(1) to have made that gift directly to that registered political party or
branch.

"(3) For each gift, the return must set out the following:

   (a)  the amount of the gift;

   (b)  the date on which it was made;

   (c)  the name and address of the registered political party or branch.

"(4) The return must be in the approved form.

"(5) This section does not apply to gifts made by any of the following:

   (a)  a registered political party;

   (b)  a State branch of a registered political party;

   (c)  an associated entity;

   (d)  a candidate in an election;

   (e)  a member of a group.". 23. Paragraph 308(1)(f): Omit the paragraph,
        substitute:
  "(f)   the production and distribution of electoral matter that is
addressed to particular persons or organisations and is distributed during the
election period; or". 24. Before subsection 309(1A): Insert:

"(1) Where electoral expenditure in relation to an election is incurred by or
with the authority of a registered political party or a State branch of a
registered political party, the agent of the party or branch must, before the
end of 15 weeks after the polling day in the election, furnish to the
Electoral Commission a return, in an approved form, setting out details of the
expenditure.". 25. Subsection 309(4): After "a State branch of a registered
political party," insert "an associated entity,". 26. Section 313: Add the
following subsection:

"(2) If no electoral expenditure in relation to an election was incurred by or
with the authority of a particular registered political party or State branch
of a registered political party that endorsed a candidate in the election, a
return under this Division in respect of the party or branch must nevertheless
be lodged and must include a statement to the effect that no electoral
expenditure was incurred in relation to the election by or with the authority
of the party or branch.". 27. Division 5A of Part XX (heading): After
"parties" insert "and associated entities". 28. Subsections 314AA(2) and (3):
Omit the subsections. 29. Section 314AB: Omit "20 weeks", substitute "16
weeks". 30. Subsection 314AC(2): Omit the subsection, substitute:

"(2) In calculating the sum, an amount of less than $500 need not be
counted.". 31. Subsection 314AC(3): Omit ", together with each amount making
up the sum and the date of its receipt,". 32. Paragraph 314AD(2)(a): Omit
"$100", substitute "$500". 33. Subsection 314AD(3): Omit ", together with each
amount making up the sum and the date on which it was paid,". 34. After
section 314AE: Insert: Annual returns by associated entities

"314AEA.(1) If an entity is an associated entity at any time during a
financial year, the entity's financial controller must furnish 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, together with the details required by section 314AD;
        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.

"(2) Amounts received or paid at a time when the entity was not an associated
entity are not to be counted for the purposes of paragraphs (1)(a) and (b).

"(3) If any amount required to be set out under paragraph (1)(b):

   (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 this section.

"(5) Sections 314AC, 314AD and 314AE apply for the purposes of paragraphs
(1)(a), (b) and (c) of this section to a return for an associated entity in
the same way as they apply for the purposes of paragraphs 314AB(1)(a), (b) and
(c) to a return for a registered political party.". 35. Section 314AG: Add at
the end:

"(3) The regulations may reduce the amount of information to be provided in
returns under section 314AEA.". 36. Subsection 316(2A): After "a prescribed
person" insert ", the financial controller of an associated entity". 37. After
paragraph 316(2A)(a): Insert:

"(aa) the financial controller of the associated entity or any officer of the
associated entity; or". 38. Subsection 316(2A): After "require the agent,"
insert "financial controller,". 39. After subsection 316(2A): Insert:

"(2B) If a notice under paragraph (2A)(a) requires an officer of a political
party (other than the agent) to appear before an authorised officer under
paragraph (2A)(d), then the agent of the political party is entitled:

   (a)  to attend at the proceeding under paragraph (2A)(d); or

   (b)  to nominate another person in writing to attend on behalf of the
        agent.

"(2C) Failure of the agent or nominee to attend under subsection (2B) does not
affect the powers of the authorised officer to conduct the proceeding under
paragraph (2A)(d).". 40. After subsection 319A(2): Insert:

"(2A) If the claim was lodged, or the return was furnished, by a person as the
agent of a registered political party, the request under subsection (2) may be
made either by:

   (a)  the person who lodged the claim or return; or

   (b)  the person who is currently registered as the agent of the political
        party.". 41. Subsections 320(4) and (5): Omit the subsections,
        substitute:

"(4) A person is not entitled under this section to peruse, or obtain a copy
of, a return under Division 4 or 5 (other than section 305B) until after the
end of 24 weeks after the polling day in the election to which the return
relates.

"(5) A person is not entitled under this section to peruse, or obtain a copy
of:

   (a)  a return under section 305B; or

   (b)  a return under Division 5A; until February in the calendar year after
        the return is furnished.". 42. Subsection 321(1) (definition of
        "relevant amount"): Omit ", (2) or (3)", substitute "or (2)". 43.
        Subsection 321(1) (definition of "relevant period"): Omit "1 July
        1984", substitute "1 July 1995".

NOTE ABOUT SECTION HEADING On the commencement of this Act, the heading to
section 305A of the Principal Act is altered by omitting "and political
parties" and substituting "etc.".