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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Electoral Amendment
Bill 2008
Queensland
Electoral Amendment Bill 2008
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of s 2 (Note in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 126A (Purposes of part) . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 126B (Law about electoral funding and
financial disclosure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 126C (Regulations for part). . . . . . . . . . . . . . . . 7
8 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3 Transitional provisions for Electoral
Amendment Act 2008
185 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
186 Reference to election funding amount for sch,
s 294A ............................ 8
187 Continuation of decisions under sch, s 299A . . . . . . . 8
188 Decisions about electoral expenditure paid under
the pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . 8
189 Donations made or received on or after 1 July 2008
and before the end of a stated period . . . . . . . . . . . . 9
9 Amendment of schedule, s 287 (Interpretation) . . . . . . . . . . . . . . 9
10 Amendment of schedule, s 287A (Campaign committee to be
treated as part of (words omitted) party) . . . . . . . . . . . . . . . . . . . 11
11 Amendment of schedule, s 292B (Responsibility for action when
agent of party (words omitted) dead or appointment vacant) . . . . 11
12 Amendment of schedule, replacement of ss 293 and 294 . . . . . . 11
Subdivision A Entitlement to election funding
293 Entitlement to election funding--registered political
parties ............................ 11
294 Entitlement to election funding--unendorsed
candidates ........................ 12
Electoral Amendment Bill 2008
Contents
13 Amendment of s 294A (Election funding reimbursement
amount) ................................... 13
14 Replacement of ss 295298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
295 (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
296 (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision B--Claims for election funding
297 Need for a claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
298 Electoral expenditure incurred . . . . . . . . . . . . . . . . . . 14
298A Form of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
298B Lodging of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
298C Deciding claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
298D (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
298E Accepting a (word omitted) claim . . . . . . . . . . . . . . . . 16
298F Refusing a (word omitted) claim . . . . . . . . . . . . . . . . . 16
298G Application for reconsideration of decision refusing a
(word omitted) claim . . . . . . . . . . . . . . . . . . . . . . . . . . 17
298H Reconsideration by electoral commission . . . . . . . . . 17
Subdivision C Payments of election funding'.
15 Amendment of schedule, s 299 (Making of payments) . . . . . . . . 18
16 Replacement of schedule, ss 299A-301. . . . . . . . . . . . . . . . . . . . 19
Subdivision D Miscellaneous
300 Death of candidates (words omitted) . . . . . . . . . . . . . 19
301 Varying decisions accepting claims . . . . . . . . . . . . . . 19
17 Amendment of schedule, insertion of new s 303A . . . . . . . . . . . . 20
303A How division applies to gifts that are returned etc.
within 6 weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Amendment of schedule, s 304 (Disclosure of gifts) . . . . . . . . . . 21
19 Amendment of schedule, s 305B (Donations to political parties) . 22
20 Amendment of schedule, insertion of new s 305C . . . . . . . . . . . . 24
305C Special reporting of large gifts . . . . . . . . . . . . . . . . . . 25
21 Renumbering and relocation of s 306 (Certain gifts not to be
received) ..................................... 28
22 Amendment of schedule, insertion of new div 4A . . . . . . . . . . . . 28
Division 4A Rules about certain gifts and loans
Subdivision A Gifts of foreign property
306 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Page 2
Electoral Amendment Bill 2008
Contents
306AA Subdivision does not apply to gifts that are returned
within 6 weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
306AB Deciding whether a gift or transfer is of Australian or
foreign property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
306AC Gifts of foreign property--when unlawful for political
party, candidate etc. to receive gift . . . . . . . . . . . . . . . 32
306AD (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision B Anonymous gifts
306AE (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
306AF (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
306AH (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
306AI (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision C Other gifts and loans'.
23 Amendment of schedule, s 306A (Certain loans not to be
received) .................................... 34
24 Replacement of schedule, s 307 (Nil returns) . . . . . . . . . . . . . . . 34
307 (omitted)'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
25 Amendment of schedule, s 308 (Interpretation) . . . . . . . . . . . . . . 34
26 Amendment of schedule, div 5A, heading . . . . . . . . . . . . . . . . . . 34
27 Amendment of schedule, insertion of new s 314AAA . . . . . . . . . 34
314AAA How division applies to gifts that are returned etc.
within 6 weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
28 Amendment of schedule, s 314AB (Annual returns by registered
political parties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
29 Amendment of schedule, s 314AC (Amounts received) . . . . . . . . 36
30 Amendment of schedule, s 314AD (Amounts paid) . . . . . . . . . . . 36
31 Amendment of schedule, s 314AE (Outstanding amounts) . . . . . 36
32 Amendment of schedule, s 314AEA (Annual returns by
associated entities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
33 Amendment of schedule, s 314A (Interpretation). . . . . . . . . . . . . 37
34 Amendment of schedule, s 315 (Offences) . . . . . . . . . . . . . . . . . 37
35 Amendment of schedule, s 315A (Recovery of payments) . . . . . 40
36 Amendment of schedule, insertion of new s 319B . . . . . . . . . . . . 40
319B Publishing of returns. . . . . . . . . . . . . . . . . . . . . . . . . . 40
37 Amendment of schedule, s 320 (Inspection and supply of copies
of claims and returns). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Page 3
2008
A Bill
for
An Act to amend the Electoral Act 1992 for particular purposes
Electoral Amendment Bill 2008
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Electoral Amendment Act 2008. 3
Clause 2 Commencement 4
This Act is taken to have commenced on 1 July 2008. 5
Clause 3 Act amended 6
This Act amends the Electoral Act 1992. 7
Clause 4 Omission of s 2 (Note in text) 8
Section 2-- 9
omit. 10
Clause 5 Amendment of s 126A (Purposes of part) 11
Section 126A(1)(b), `on an annual basis'-- 12
omit, insert-- 13
`on a 6 monthly basis'. 14
Clause 6 Amendment of s 126B (Law about electoral funding and 15
financial disclosure) 16
Section 126B(4)-- 17
omit, insert-- 18
`(4) Following the introduction into the Senate of the Parliament 19
of the Commonwealth of the Commonwealth Electoral 20
Amendment (Political Donations and Other Measures) Bill 21
2008 (the Commonwealth Bill), amendments of the schedule 22
have been made based on proposed amendments of the 23
Commonwealth Electoral Act by the Commonwealth Bill. 24
Page 6
Electoral Amendment Bill 2008
[s 7]
`(5) Amendments of the schedule based on the Commonwealth 1
Bill are identified by editor's notes. 2
`(6) The schedule is not a mere adoption or application of the 3
Commonwealth Electoral Act. 4
Example-- 5
A reference in the schedule to regulations is a reference to regulations 6
made under this Act.'. 7
Clause 7 Amendment of s 126C (Regulations for part) 8
(1) Section 126C, example, `Section'-- 9
omit, insert-- 10
`The schedule, section'. 11
(2) Section 126C, example, `section'-- 12
omit, insert-- 13
`the schedule, section'. 14
Clause 8 Insertion of new pt 11, div 3 15
Part 11-- 16
insert-- 17
`Division 3 Transitional provisions for Electoral 18
Amendment Act 2008 19
`185 Definitions for div 3 20
`In this division-- 21
amending Act means the Electoral Amendment Act 2008. 22
assent day means the day the amending Act receives assent. 23
commencement means 1 July 2008. 24
pre-amended Act means this Act as in force immediately 25
before 1 July 2008. 26
Page 7
Electoral Amendment Bill 2008
[s 8]
`186 Reference to election funding amount for sch, 1
s 294A 2
`For the operation of the schedule, section 294A for the 3
financial year starting 1 July 2008, a reference in the schedule, 4
section 294A(5), definition A to `election funding amount' 5
means a reference to `election funding reimbursement 6
amount'. 7
`187 Continuation of decisions under sch, s 299A 8
`(1) It is declared that a decision made under pre-amended section 9
299A before the assent day continues to have effect after the 10
commencement as if the amending Act had not been enacted. 11
`(2) The pre-amended Act continues to apply in relation to the 12
decision as if the amending Act had not been enacted. 13
`(3) In this section-- 14
pre-amended section 299A means the schedule, section 299A 15
as in force immediately before the commencement. 16
`188 Decisions about electoral expenditure paid under 17
the pre-amended Act 18
`(1) This section applies to a claim for an amount of electoral 19
expenditure accepted, and paid, by the electoral commission 20
before the assent day if, after the assent day, the electoral 21
commission becomes satisfied that-- 22
(a) the amount of electoral expenditure should not have 23
been accepted; or 24
(b) only a lesser amount of electoral expenditure should 25
have been accepted. 26
`(2) The schedule, section 301 applies as if a reference in that 27
section to a claim decision were a reference to a decision 28
about the payment of the amount of electoral expenditure and 29
the schedule, division 3 applies in relation to the decision with 30
necessary changes. 31
Page 8
Electoral Amendment Bill 2008
[s 9]
`189 Donations made or received on or after 1 July 2008 1
and before the end of a stated period 2
`(1) This section applies if, under a provision of this Act as in 3
force on the commencement, a person or entity is required to 4
disclose, or otherwise deal with, a donation within a period 5
prescribed by this Act ending on or after the commencement 6
but before the day 13 days after the assent day. 7
`(2) The person or entity does not contravene the provision if the 8
person or entity discloses, or otherwise deals with, the 9
donation as required under this Act within 28 days after the 10
assent day. 11
`(3) In this section-- 12
disclose includes report and give a return in relation to. 13
donation includes gift.'. 14
Clause 9 Amendment of schedule, s 287 (Interpretation) 15
(1) Schedule, section 287(1), definition eligible vote-- 16
omit. 17
(2) Schedule, section 287(1), before definition entity-- 18
insert-- 19
`electoral expenditure, in relation to an election, means 20
expenditure incurred (whether or not incurred during the 21
election period) on-- 22
(a) the broadcasting, during the election period, of an 23
advertisement relating to the election; or 24
(b) the publishing in a journal, during the election period, 25
of an advertisement relating to the election; or 26
(ba) the publishing on the internet, during the election 27
period, of an advertisement relating to the election, even 28
if the internet site on which the publication is made is 29
located outside Queensland; or 30
(c) the display, during the election period, at a theatre or 31
other place of entertainment, of an advertisement 32
relating to the election; or 33
Page 9
Electoral Amendment Bill 2008
[s 9]
(d) the production of an advertisement relating to the 1
election, being an advertisement that is broadcast, 2
published or displayed as mentioned in paragraph (a), 3
(b), (ba) or (c); or 4
(e) the production of any material (not being material 5
referred to in paragraph (a), (b), (ba) or (c) that is 6
required under section 161 or 161A to include the name 7
and address of the author of the material or of the 8
person authorising the material and that is used during 9
the election period; or 10
(f) the production and distribution of electoral matter that 11
is addressed to particular persons or organisations and 12
is distributed during the election period; or 13
(g) the carrying out, during the election period, of an 14
opinion poll, or other research, relating to the election. 15
Editor's note-- 16
The definition electoral expenditure is based on the proposed definition 17
electoral expenditure for the Commonwealth Electoral Act provided in 18
the Commonwealth Electoral Amendment (Political Donations and 19
Other Measures) Bill 2008.'. 20
(3) Schedule, section 287(1), after the definition registered 21
industrial organisation-- 22
insert-- 23
`reporting period means-- 24
(a) the first 6 months of a financial year; or 25
(b) a full financial year. 26
Editor's note-- 27
The definition reporting period is based on the proposed definition 28
reporting period for the Commonwealth Electoral Act provided in the 29
Commonwealth Electoral Amendment (Political Donations and Other 30
Measures) Bill 2008.'. 31
Page 10
Electoral Amendment Bill 2008
[s 10]
Clause 10 Amendment of schedule, s 287A (Campaign committee to 1
be treated as part of (words omitted) party) 2
Section 287A(1), after `Divisions 4,'-- 3
insert-- 4
`4A,'. 5
Clause 11 Amendment of schedule, s 292B (Responsibility for 6
action when agent of party (words omitted) 7
dead or appointment vacant) 8
Section 292B(a), after `Division 4,'-- 9
insert-- 10
`4A,'. 11
Clause 12 Amendment of schedule, replacement of ss 293 and 294 12
Schedule, sections 293 and 294-- 13
omit, insert-- 14
`Subdivision A Entitlement to election funding 15
`293 Entitlement to election funding--registered political 16
parties 17
`(1) A registered political party is entitled to election funding 18
under this section for all elections held on the same day if, in 19
relation to a candidate whom the party endorses in an 20
election, the total number of formal first preference votes 21
given for the candidate is at least 4% of the total number of 22
formal first preference votes cast in the election. 23
`(2) The amount of election funding to which the registered 24
political party is entitled is the lesser of-- 25
(a) the election funding amount calculated under section 26
294A for each formal first preference vote given for a 27
candidate in relation to whom subsection (1) is 28
satisfied; and 29
(b) the amount of electoral expenditure-- 30
Page 11
Electoral Amendment Bill 2008
[s 12]
(i) claimed in relation to the registered political party 1
for all elections held that day; and 2
(ii) accepted by the electoral commission under 3
section 298C. 4
Editor's note-- 5
This section is based on proposed section 293 for the Commonwealth 6
Electoral Act provided in the Commonwealth Electoral Amendment 7
(Political Donations and Other Measures) Bill 2008. 8
`294 Entitlement to election funding--unendorsed 9
candidates 10
`(1) A candidate in an election is entitled to election funding under 11
this section if-- 12
(a) the candidate is not endorsed by a registered political 13
party; and 14
(b) the total number of formal first preference votes given 15
for the candidate in the election is at least 4% of the 16
total number of formal first preference votes cast in the 17
election. 18
`(2) The amount of election funding to which the candidate is 19
entitled is the lesser of-- 20
(a) the election funding amount calculated under section 21
294A for each formal first preference vote given for the 22
candidate in the election; and 23
(b) the amount of electoral expenditure-- 24
(i) claimed in relation to the candidate for the 25
election; and 26
(ii) accepted by the electoral commission under 27
section 298C. 28
Editor's note-- 29
This section is based on proposed section 294 for the Commonwealth 30
Electoral Act provided in the Commonwealth Electoral Amendment 31
(Political Donations and Other Measures) Bill 2008.'. 32
Page 12
Electoral Amendment Bill 2008
[s 13]
Clause 13 Amendment of s 294A (Election funding reimbursement 1
amount) 2
(1) Section 294A, `reimbursement'-- 3
omit. 4
(2) Section 294A(1), `294(1)'-- 5
omit, insert-- 6
`293(2)(a) or 294(2)(a)'. 7
Clause 14 Replacement of ss 295298 8
Sections 295 to 298-- 9
omit, insert-- 10
`295 (omitted) 11
`296 (omitted) 12
`Subdivision B--Claims for election funding 13
`297 Need for a claim 14
`(1) To be paid an amount of election funding, the agent of a 15
registered political party (words omitted) or candidate must 16
make a claim. 17
`(2) (omitted). 18
`(3) A (word omitted) claim must specify all electoral expenditure 19
for which election funding is sought (words omitted). 20
`(4) (omitted). 21
`(5) (omitted). 22
Editor's note-- 23
This section is based on proposed section 297 for the Commonwealth 24
Electoral Act provided in the Commonwealth Electoral Amendment 25
(Political Donations and Other Measures) Bill 2008. 26
Page 13
Electoral Amendment Bill 2008
[s 14]
`298 Electoral expenditure incurred 1
`(1) A claim made by the agent of a registered political party must 2
specify electoral expenditure-- 3
(a) incurred by the party, or by candidates endorsed by the 4
party, in relation to all elections held on the same day; 5
and 6
(b) for which election funding is sought. 7
`(2) A claim made by the agent of a candidate in an election must 8
specify electoral expenditure-- 9
(a) incurred by the candidate in relation to the election; and 10
(b) for which election funding is sought. 11
`(3) (omitted). 12
Editor's note-- 13
This section is based on proposed section 298 for the Commonwealth 14
Electoral Act provided in the Commonwealth Electoral Amendment 15
(Political Donations and Other Measures) Bill 2008. 16
`298A Form of claim 17
`A claim must-- 18
(a) (omitted); 19
(b) be in the approved form; and 20
(c) provide all the information, and be accompanied by any 21
documents, required by the form. 22
Editor's note-- 23
This section is based on proposed section 298A for the Commonwealth 24
Electoral Act provided in the Commonwealth Electoral Amendment 25
(Political Donations and Other Measures) Bill 2008. 26
`298B Lodging of claim 27
`(1) (omitted). 28
(heading omitted) 29
Page 14
Electoral Amendment Bill 2008
[s 14]
`(2) A (word omitted) claim in relation to an election or elections 1
must be lodged with the electoral commission during the 2
period-- 3
(a) beginning on the day after-- 4
(i) if the claim relates to only 1 election--the day on 5
which the writ for the election is returned; or 6
(ii) if the claim relates to 2 or more elections--the day 7
on which the writs for the elections are returned 8
(or, if the writs are returned on different days, the 9
last of those days); and 10
(b) ending 20 weeks after the polling day for the election or 11
elections. 12
Claim can not be lodged at any other time 13
`(3) A claim is taken not to have been made if it is lodged-- 14
(a) before the day mentioned in subsection (2)(a); or 15
(b) after the 20 week period mentioned in subsection (2)(b). 16
Editor's note-- 17
This section is based on proposed section 298B for the Commonwealth 18
Electoral Act provided in the Commonwealth Electoral Amendment 19
(Political Donations and Other Measures) Bill 2008. 20
`298C Deciding claim 21
`(1) The electoral commission must, after receiving a claim-- 22
(a) decide whether to accept or refuse the claim, in whole 23
or in part; and 24
(b) to the extent that the electoral commission accepts the 25
claim--pay the amount required by section (words 26
omitted) 298E. 27
`(2) In deciding whether to accept or refuse a claim, in whole or in 28
part, the electoral commission must only consider-- 29
(a) whether expenditure claimed is electoral expenditure; 30
and 31
Page 15
Electoral Amendment Bill 2008
[s 14]
(b) if expenditure claimed is electoral expenditure--whether 1
the electoral expenditure was incurred. 2
`(3) (omitted). 3
Editor's note-- 4
This section is based on proposed section 298C for the Commonwealth 5
Electoral Act provided in the Commonwealth Electoral Amendment 6
(Political Donations and Other Measures) Bill 2008. 7
`298D (omitted) 8
`298E Accepting a (word omitted) claim 9
`(1) Subsection (2) applies if-- 10
(a) a (word omitted) claim is made by the agent of a 11
registered political party or candidate (words omitted) 12
in relation to an election or elections; and 13
(b) the electoral commission accepts the claim, in whole or 14
in part. 15
`(2) The electoral commission must pay (words omitted)-- 16
(a) the amount (word omitted) under section 293(2) or 17
294(2) (words omitted), as applicable; (word omitted) 18
(b) (omitted); 19
(words omitted). 20
Editor's note-- 21
This section is based on proposed section 298E for the Commonwealth 22
Electoral Act provided in the Commonwealth Electoral Amendment 23
(Political Donations and Other Measures) Bill 2008. 24
`298F Refusing a (word omitted) claim 25
`If a (word omitted) claim is refused, in whole or in part, the 26
electoral commission must cause to be served on the agent of 27
the registered political party or candidate (words omitted) to 28
which the claim relates, a notice that states that the claim has 29
been refused, in whole or in part, and sets out the reasons for 30
the refusal. 31
Page 16
Electoral Amendment Bill 2008
[s 14]
Editor's note-- 1
This section is based on proposed section 298F for the Commonwealth 2
Electoral Act provided in the Commonwealth Electoral Amendment 3
(Political Donations and Other Measures) Bill 2008. 4
`298G Application for reconsideration of decision refusing a 5
(word omitted) claim 6
`(1) If a (word omitted) claim is refused, in whole or in part, the 7
agent of the registered political party or candidate (words 8
omitted) to which the claim relates may apply to the electoral 9
commission for the electoral commission to reconsider the 10
decision. 11
`(2) The application must-- 12
(a) be in writing; and 13
(b) set out the reasons for the application. 14
`(3) The application must be made within-- 15
(a) 28 days after the day on which the relevant agent is 16
notified of the refusal; or 17
(b) if, either before or after the end of that period of 28 18
days, the electoral commission extends the period within 19
which the application may be made--the extended 20
period for making the application. 21
Editor's note-- 22
This section is based on proposed section 298G for the Commonwealth 23
Electoral Act provided in the Commonwealth Electoral Amendment 24
(Political Donations and Other Measures) Bill 2008. 25
`298H Reconsideration by electoral commission 26
`(1) On receiving an application mentioned in section 298G, the 27
electoral commission must-- 28
(a) reconsider the decision; and 29
(b) decide to-- 30
(i) affirm the decision; or 31
(ii) vary the decision; or 32
Page 17
Electoral Amendment Bill 2008
[s 15]
(iii) set aside the decision and make another decision. 1
`(2) The electoral commission must give to the relevant agent a 2
notice stating the decision on the reconsideration together 3
with a statement of the reasons for the decision. 4
`(3) If the electoral commission's decision on the reconsideration 5
would require an amount, or an additional amount, of election 6
funding to be paid, the electoral commission must pay the 7
amount within 20 days after the day of its decision. 8
`(4) The electoral commission may not delegate its power under 9
subsection (1). 10
Editor's note-- 11
This section is based on proposed section 298H for the Commonwealth 12
Electoral Act provided in the Commonwealth Electoral Amendment 13
(Political Donations and Other Measures) Bill 2008. 14
`Subdivision C Payments of election funding'. 15
Clause 15 Amendment of schedule, s 299 (Making of payments) 16
Schedule, section 299(1) to (3)-- 17
omit, insert-- 18
`(1) If the electoral commission is satisfied, on a claim under this 19
division, that an amount of election funding is payable in 20
relation to a candidate or candidates endorsed by a registered 21
political party, the electoral commission must make the 22
payment to the agent of (words omitted) the party (words 23
omitted). 24
`(2) If subsection (1) does not apply and an amount of election 25
funding is payable in relation to a candidate, the electoral 26
commission must pay the amount to the candidate's agent. 27
`(3) (omitted). 28
Editor's note-- 29
Subsections (1) to (3) are based on proposed section 299(1) to (3) for the 30
Commonwealth Electoral Act provided in the Commonwealth Electoral 31
Amendment (Political Donations and Other Measures) Bill 2008.'. 32
Page 18
Electoral Amendment Bill 2008
[s 16]
Clause 16 Replacement of schedule, ss 299A-301 1
Schedule, sections 299A to 301-- 2
omit, insert-- 3
`Subdivision D Miscellaneous 4
`300 Death of candidates (words omitted) 5
Death of candidate 6
`(1) If formal first preference votes were given for a candidate in 7
an election, a payment may be made in relation to the 8
candidate even if the candidate dies. 9
`(2) If the candidate was not endorsed by a registered political 10
party and was his or her own agent for the purposes of this 11
division, the payment may be made to the candidate's legal 12
personal representative. 13
`(3) (omitted). 14
`(4) (omitted). 15
Editor's note-- 16
This section is based on proposed section 300 for the Commonwealth 17
Electoral Act provided in the Commonwealth Electoral Amendment 18
(Political Donations and Other Measures) Bill 2008. 19
`301 Varying decisions accepting claims 20
`(1) If-- 21
(a) the electoral commission has made a decision (the claim 22
decision) under section 298C to accept an amount of 23
electoral expenditure specified in a (word omitted) 24
claim; and 25
(b) the electoral commission becomes satisfied that-- 26
(i) the amount of electoral expenditure should not 27
have been accepted; or 28
(ii) only a lesser amount of electoral expenditure 29
should have been accepted; 30
Page 19
Electoral Amendment Bill 2008
[s 17]
the electoral commission may vary the claim decision 1
accordingly. 2
`(2) If the electoral commission makes a decision (the variation 3
decision) to vary the claim decision, sections 298F, 298G and 4
298H apply in relation to the variation decision as if it were, 5
to the extent of the variation, a decision of the electoral 6
commission to refuse the claim. 7
`(3) If-- 8
(a) the electoral commission varies the claim decision; and 9
(b) the total amount of election funding that has been paid 10
to a person in relation to the claim exceeds the amount 11
that, under the claim decision as varied, should have 12
been paid to the person in relation to the claim; 13
the amount of the excess is an overpayment, and may be 14
recovered by the State as a debt due to the State by action, in a 15
court of competent jurisdiction, against the person. 16
`(4) (omitted). 17
Editor's note-- 18
This section is based on proposed section 301 for the Commonwealth 19
Electoral Act provided in the Commonwealth Electoral Amendment 20
(Political Donations and Other Measures) Bill 2008.'. 21
Clause 17 Amendment of schedule, insertion of new s 303A 22
Schedule, before section 304-- 23
insert-- 24
`303A How division applies to gifts that are returned etc. 25
within 6 weeks 26
Division generally does not apply to gifts returned within 6 27
weeks of receipt 28
`(1) Subject to subsections (2) and (3), this division does not apply 29
to a gift that is returned within 6 weeks after its receipt. 30
Page 20
Electoral Amendment Bill 2008
[s 18]
Division applies to gifts of foreign property, whether or not 1
returned 2
`(2) This division applies to a gift of foreign property within the 3
meaning of division 4A, subdivision A whether or not the gift 4
is returned within 6 weeks as mentioned in section 306AA. 5
`(3) If the gift is so returned, any return under this division that 6
includes the amount or value of the gift must also include a 7
statement to the effect that the gift was so returned. 8
`(4) (omitted). 9
`(5) (omitted). 10
Editor's note-- 11
This section is based on proposed section 303A for the Commonwealth 12
Electoral Act provided in the Commonwealth Electoral Amendment 13
(Political Donations and Other Measures) Bill 2008.'. 14
Clause 18 Amendment of schedule, s 304 (Disclosure of gifts) 15
Schedule, section 304-- 16
insert-- 17
`Nil returns 18
`(9) If no details are required to be included in a return under this 19
section in relation to a candidate, the return must still be 20
lodged and must include a statement to the effect that no gifts 21
of a kind required to be disclosed were received. 22
`(10) (omitted). 23
Editor's note-- 24
Subsections (9) and (10) are based on proposed section 304(9) and (10) 25
for the Commonwealth Electoral Act provided in the Commonwealth 26
Electoral Amendment (Political Donations and Other Measures) Bill 27
2008.'. 28
Page 21
Electoral Amendment Bill 2008
[s 19]
Clause 19 Amendment of schedule, s 305B (Donations to political 1
parties) 2
(1) Schedule, section 305B(1) to (3A)-- 3
omit, insert-- 4
`Obligation to give returns for reporting periods 5
`(1) Subject to subsections (2A) and (2B), if, in a reporting period, 6
a person makes gifts totalling $1000 or more to the same 7
registered political party, the person must give a return to the 8
electoral commission within 8 weeks after the end of the 9
reporting period, disclosing all the gifts that the person made 10
to the registered political party during the reporting period. 11
Editor's note-- 12
Subsection (1) is based on proposed section 305B(1) for the 13
Commonwealth Electoral Act provided in the Commonwealth Electoral 14
Amendment (Political Donations and Other Measures) Bill 2008. 15
`(1AA) Subsection (1) applies to a person even if at the time the 16
person made the gift the person was outside Queensland. 17
How section applies to political parties that are related 18
`(1A) If-- 19
(a) 2 or more political parties are related to each other; and 20
(b) at least 1 of those parties is a registered political party; 21
subsection (1) applies as if-- 22
(c) those parties together constituted a single registered 23
political party (rather than being separate political 24
parties); and 25
(d) a gift made by a person to any of those parties were a 26
gift made by that person to the single registered political 27
party referred to in paragraph (c). 28
How section applies to gifts made with intention of benefiting 29
a party 30
`(2) If a person makes a gift to any person or body with the 31
intention of benefiting a particular political party, the person 32
is taken for the purpose of this section (including subsection 33
(1A)(d)) to have made that gift directly to that political party. 34
Page 22
Electoral Amendment Bill 2008
[s 19]
Half-year returns--effect on obligation to give full year return 1
`(2A) If a person-- 2
(a) has given a return to the electoral commission 3
disclosing a gift or gifts that the person made to a 4
registered political party during a reporting period that 5
is the first 6 months of a financial year; and 6
(b) has not made any further gifts to the registered political 7
party during the remainder of the financial year; 8
the person is not required to give a return to the commission 9
under subsection (1) in relation to the reporting period that is 10
the full financial year. 11
`(2B) A return given by a person under subsection (1) in relation to 12
a reporting period that is a full financial year does not have to 13
disclose any gift made by the person that has already been 14
disclosed in a return under subsection (1) in relation to the 15
reporting period that is the first 6 months of that financial 16
year. 17
Editor's note-- 18
Subsections (1A) to (2B) are based on proposed section 305B(1A) to 19
(2B) for the Commonwealth Electoral Act provided in the 20
Commonwealth Electoral Amendment (Political Donations and Other 21
Measures) Bill 2008. 22
Content of return 23
`(3) For each gift, the return must state the following-- 24
(a) the amount of the gift; 25
(b) the date on which it was made; 26
(c) the name and address of the political party that received 27
the gift. 28
Editor's note-- 29
Subsection (3)(c) is based on proposed section 305B(3)(c) for the 30
Commonwealth Electoral Act provided in the Commonwealth Electoral 31
Amendment (Political Donations and Other Measures) Bill 2008. 32
Disclosure of receipt of gifts in certain circumstances 33
`(3A) If-- 34
Page 23
Electoral Amendment Bill 2008
[s 20]
(a) a person is required to disclose a gift (the ultimate gift) 1
in a return under subsection (1); and 2
(b) the person received a gift of $1000 or more (the 3
enabling gift) which the person used to make all or a 4
substantial part of the ultimate gift; 5
the person must also disclose the relevant details of the 6
enabling gift in the return under subsection (1). 7
Editor's note-- 8
Subsection (3A) is based on proposed section 305B(3A) for the 9
Commonwealth Electoral Act provided in the Commonwealth Electoral 10
Amendment (Political Donations and Other Measures) Bill 2008.'. 11
(2) Schedule, section 305B(4), as a heading-- 12
insert-- 13
`Return to be in approved form'. 14
(3) Schedule, section 305B(5), as a heading-- 15
insert-- 16
`Gifts to which section does not apply'. 17
(4) Schedule, section 305B(6), `to which this section applies'-- 18
omit, insert-- 19
`requiring a return to be given under this section'. 20
(5) Schedule, section 305B, at the end-- 21
insert-- 22
`Editor's note-- 23
The headings to subsections (4) and (5) are based on the proposed 24
headings to section 305B(4) and (5) for the Commonwealth Electoral 25
Act provided in the Commonwealth Electoral Amendment (Political 26
Donations and Other Measures) Bill 2008.'. 27
Clause 20 Amendment of schedule, insertion of new s 305C 28
Schedule, after section 305B-- 29
insert-- 30
Page 24
Electoral Amendment Bill 2008
[s 20]
`305C Special reporting of large gifts 1
Application 2
`(1) This section applies if, in a special reporting period, gifts 3
made by a particular person to a registered political party 4
reach the prescribed amount. 5
Obligation to give returns for large gifts 6
`(2) For each special reporting event within a special reporting 7
period-- 8
(a) the person; and 9
(b) the registered political party to which the person made 10
the gifts; and 11
(c) if the person made any part of the gifts to an associated 12
entity of the registered political party--the associated 13
entity; 14
must each give a separate return to the electoral commission 15
within 14 days after the special reporting event disclosing the 16
gifts. 17
`(3) For subsection (2), there is a special reporting event on each 18
occasion the amount of the gifts made by the person reaches 19
the prescribed amount either since the start of the special 20
reporting period or since the last occasion during the special 21
reporting period that the prescribed amount was reached. 22
Example-- 23
Assume that in a special reporting period starting on 1 January a 24
person makes gifts reaching the prescribed amount up to and including 25
10 January. The first special reporting event happens on 10 January. 26
Assume the person then makes further gifts reaching the prescribed 27
amount after 10 January and up to and including 4 June. The second 28
special reporting event happens on 4 June. 29
`(4) Subsection (2) does not require a person, party or entity 30
mentioned in the subsection to disclose gifts made within a 31
particular special reporting period that have previously been 32
disclosed in another return given under the subsection. 33
Example-- 34
Assume in the example for subsection (3) the person gives a return for 35
the first special reporting event disclosing the gifts made up to and 36
Page 25
Electoral Amendment Bill 2008
[s 20]
including 10 January. When the person gives a return for the second 1
special reporting event, the return need not refer to the gifts made up to 2
and including 10 January. 3
`(5) The requirement to give a return under subsection (2) is in 4
addition to a requirement to give a return under section 305B, 5
314AB or 314AEA. 6
`(6) This section applies to the person even if at the time the 7
person makes a gift the person was outside Queensland or 8
Australia. 9
How section applies to political parties that are related 10
`(7) If-- 11
(a) 2 or more political parties are related to each other; and 12
(b) at least 1 of those parties is a registered political party; 13
subsection (2) applies as if-- 14
(c) those parties together constituted a single registered 15
political party (rather than being separate political 16
parties); and 17
(d) a gift made by the person to any of those parties were a 18
gift made by the person to the single registered political 19
party referred to in paragraph (c). 20
How section applies to a political party and an associated 21
entity that are related 22
`(8) If a political party has an associated entity, subsections (2) 23
and (7) apply as if-- 24
(a) the political party and the associated entity together 25
constituted the political party (the recipient party); and 26
(b) a gift made by the person to the political party or the 27
associated entity were a gift made by the person to the 28
recipient party. 29
How section applies to gifts made with intention of benefiting 30
a party 31
`(9) If the person makes a gift to any person or body, including an 32
associated entity of a political party, with the intention of 33
benefiting a particular political party, the person is taken for 34
Page 26
Electoral Amendment Bill 2008
[s 20]
the purpose of this section (including subsection (7)(d)) to 1
have made that gift directly to that political party. 2
`(10) For subsection (8) or (9), the definition `associated entity' in 3
section 287(1) applies as if a reference to registered political 4
parties included a reference to any political parties whether 5
or not registered. 6
Content of return 7
`(11) For each gift, the return must state the following-- 8
(a) the amount of the gift; 9
(b) the date on which it was made; 10
(c) the name and address of the political party that received 11
the gift. 12
Return to be in approved form 13
`(12) The return must be in the approved form. 14
Gifts to which section does not apply 15
`(13) This section does not apply to gifts made by any of the 16
following-- 17
(a) a registered political party; 18
(b) an associated entity; 19
(c) a candidate in an election. 20
`(14) On receiving a gift requiring a return to be given under this 21
section, a registered political party must inform the person 22
who gave the gift of the donor's requirement to give a return 23
under this section. 24
`(15) In this section-- 25
first special reporting period means the period starting 1 July 26
2008 and ending on 31 December 2008. 27
later special reporting period means each of the following 28
periods in any year after 2008-- 29
(a) the period starting 1 January and ending 30 June; 30
(b) the period starting 1 July and ending 31 December. 31
Page 27
Electoral Amendment Bill 2008
[s 21]
prescribed amount means $100000. 1
special reporting period means either of the following-- 2
(a) the first special reporting period; 3
(b) a later special reporting period.'. 4
Clause 21 Renumbering and relocation of s 306 (Certain gifts not to 5
be received) 6
Section 306-- 7
renumber as section 306AG and relocate to schedule, division 8
4A, subdivision B. 9
Clause 22 Amendment of schedule, insertion of new div 4A 10
Schedule, before section 306A-- 11
insert-- 12
`Division 4A Rules about certain gifts and loans 13
`Subdivision A Gifts of foreign property 14
Editor's note-- 15
This subdivision is based on proposed Part XX, Division 4A, 16
Subdivision A for the Commonwealth Electoral Act provided in the 17
Commonwealth Electoral Amendment (Political Donations and Other 18
Measures) Bill 2008. 19
`306 Interpretation 20
`(1) In this subdivision-- 21
Australian property means-- 22
(a) money standing to the credit of an account kept in 23
Australia; or 24
(b) other money (for example, cash) that is located in 25
Australia; or 26
(c) property, other than money, that is located in Australia. 27
Page 28
Electoral Amendment Bill 2008
[s 22]
Note-- 1
For how this subdivision applies to gifts or transfers made using a credit 2
card, see section 306AB(4). 3
candidacy period, in relation to a candidate, means the 4
period-- 5
(a) starting on the earlier of the day on which the person 6
announces that he or she will be a candidate in an 7
election, or the day on which the nomination of the 8
person as a candidate in the election is made; and 9
(b) ending 30 days after the polling day in the election. 10
credit card means-- 11
(a) any article of a kind commonly known as a credit card; 12
or 13
(b) any similar article intended for use in obtaining cash, 14
goods or services on credit; 15
and includes any article of a kind that persons carrying on 16
business commonly issue to their customers or prospective 17
customers for use in obtaining goods or services from those 18
persons on credit. 19
enables--a gift or other transfer enables a person or entity to 20
do a particular thing if all or a substantial part of the gift or 21
transfer enables the person or entity-- 22
(a) to do all or a substantial part of that thing; or 23
(b) to be wholly or substantially reimbursed for having done 24
that thing. 25
foreign property means-- 26
(a) money standing to the credit of an account kept outside 27
Australia; or 28
(b) other money (for example, cash) that is located outside 29
Australia; or 30
(c) property, other than money, that is located outside 31
Australia. 32
Page 29
Electoral Amendment Bill 2008
[s 22]
Note-- 1
For how this subdivision applies to gifts or transfers made using a credit 2
card, see subsection 306AB(4). 3
gift, in relation to a candidate, has a meaning affected by 4
subsection (2). 5
(definition omitted) 6
`(2) A reference in this subdivision to a gift, in relation to a 7
candidate (or a person acting on behalf of a candidate), does 8
not include a gift made in a private capacity to (or for the 9
benefit of) the candidate if the candidate has not used, and 10
will not use, the gift solely or substantially for a purpose 11
related to an election. 12
`(3) (omitted). 13
`(4) A reference in this subdivision to a thing done by a person 14
includes a reference to a thing done by a person on behalf of 15
the members of an unincorporated association. 16
`306AA Subdivision does not apply to gifts that are returned 17
within 6 weeks 18
`This subdivision does not apply to a gift that is returned 19
within 6 weeks after its receipt. 20
`306AB Deciding whether a gift or transfer is of Australian or 21
foreign property 22
Status of property as Australian or foreign to be decided by 23
reference to position immediately before gift or transfer 24
`(1) For the purpose of this subdivision (but without limiting the 25
effect of subsections (2) and (3))-- 26
(a) a gift or transfer of property is a gift or transfer of 27
Australian property if the property was Australian 28
property immediately before the gift or transfer was 29
made; and 30
(b) a gift or transfer of property is a gift or transfer of 31
foreign property if the property was foreign property 32
immediately before the gift or transfer was made. 33
Page 30
Electoral Amendment Bill 2008
[s 22]
Transferring foreign property to enable another person to 1
make a gift 2
`(2) For the purpose of this subdivision, if-- 3
(a) a person (the donor) transfers foreign property (the 4
primary transfer) to another person (the first 5
recipient); and 6
(b) the donor's main purpose in making the primary 7
transfer is to enable (directly or indirectly) the first 8
recipient, or another person, to make a gift to another 9
person or entity (the ultimate recipient); and 10
(c) the first recipient, or another person, makes a gift (the 11
ultimate gift) to the ultimate recipient; and 12
(d) the primary transfer enabled (directly or indirectly) the 13
first recipient, or the other person, to make the ultimate 14
gift; 15
the ultimate gift is taken to be a gift of foreign property. 16
Changing location of foreign property etc. prior to making a 17
gift or transfer 18
`(3) For the purpose of this subdivision, if-- 19
(a) a person-- 20
(i) changes the location of property so that it becomes 21
Australian property; or 22
(ii) uses foreign property to acquire Australian 23
property; and 24
(b) the person's main purpose in changing the location of 25
the property, or in acquiring the Australian property, 26
was to enable the person to make a gift or transfer of 27
property that would be Australian property rather than 28
foreign property; and 29
(c) the person makes a gift or transfer of Australian 30
property in accordance with that purpose; 31
the gift or transfer is taken to be a gift or transfer of foreign 32
property. 33
Page 31
Electoral Amendment Bill 2008
[s 22]
How subdivision applies to gifts or transfers made by credit 1
card 2
`(4) This subdivision applies to a gift or transfer of money made by 3
use of a credit card as if the gift or transfer were of money 4
standing to the credit of an account kept in the country in 5
which the credit card is based. 6
`306AC Gifts of foreign property--when unlawful for political 7
party, candidate etc. to receive gift 8
When receiving gift is unlawful 9
`(1) It is unlawful for a person or entity to receive a gift of foreign 10
property in any of the following circumstances-- 11
(a) the gift is received by a registered political party (or by 12
a person acting on behalf of a registered political 13
party); 14
(b) (omitted); 15
(c) the gift is received by a candidate (or by a person acting 16
on behalf of a candidate) during the candidacy period; 17
(d) (omitted). 18
Liability for unlawful receipt of gift 19
`(2) If a person or entity specified in column 2 of an item in the 20
following table receives a gift that, under subsection (1), it is 21
unlawful for the person or entity to receive, an amount equal 22
to the amount or value of the gift is payable to the State by the 23
person or persons specified in column 3 of that item. 24
Liability for unlawful receipt of gift
Column 1 Column 2 Column 3
Item If the recipient is ... the amount is payable by ...
1 a registered political party that is the registered political party
a body corporate (or a person
acting on behalf of a registered
political party that is a body
corporate)
Page 32
Electoral Amendment Bill 2008
[s 22]
Liability for unlawful receipt of gift
Column 1 Column 2 Column 3
Item If the recipient is ... the amount is payable by ...
2 a registered political party that is the agent of the registered
not a body corporate (or a person political party
acting on behalf of a registered
political party that is not a body
corporate)
3 (omitted) (omitted)
4 (omitted) (omitted)
5 a candidate (or a person acting the candidate and the agent of
on behalf of a candidate) the candidate
6 (omitted) (omitted)
`(3) If, under subsection (2), an amount is payable to the State by 2 1
or more persons, those persons are jointly and severally liable 2
for the payment of the amount. 3
`(4) An amount that, under subsection (2), is payable by a person 4
or persons to the State may be recovered by the State as a debt 5
due to the State by action, in a court of competent jurisdiction, 6
against that person or any 1 or more of those persons. 7
`306AD (omitted) 8
`Subdivision B Anonymous gifts 9
`306AE (omitted) 10
`306AF (omitted) 11
`306AH (omitted) 12
Page 33
Electoral Amendment Bill 2008
[s 23]
`306AI (omitted) 1
`Subdivision C Other gifts and loans'. 2
Clause 23 Amendment of schedule, s 306A (Certain loans not to be 3
received) 4
Section 306A(1), `$1500'-- 5
omit, insert-- 6
`$1000'. 7
Clause 24 Replacement of schedule, s 307 (Nil returns) 8
Schedule, section 307-- 9
omit, insert-- 10
`307 (omitted)'. 11
Clause 25 Amendment of schedule, s 308 (Interpretation) 12
Schedule, section 308(1)-- 13
omit, insert-- 14
`(1) (omitted).'. 15
Clause 26 Amendment of schedule, div 5A, heading 16
Schedule, division 5A, heading `Annual returns'-- 17
omit, insert-- 18
`Returns'. 19
Clause 27 Amendment of schedule, insertion of new s 314AAA 20
Schedule, after section 314AA-- 21
insert-- 22
Page 34
Electoral Amendment Bill 2008
[s 28]
`314AAA How division applies to gifts that are returned etc. 1
within 6 weeks 2
Division generally does not apply to gifts returned within 6 3
weeks of receipt 4
`(1) Subject to subsections (2) and (3), this division does not apply 5
to a gift that is returned within 6 weeks after its receipt. 6
Division applies to gifts of foreign property, whether or not 7
returned 8
`(2) This division applies to a gift of foreign property within the 9
meaning of division 4A, subdivision A whether or not the gift 10
is returned within 6 weeks as mentioned in section 306AA. 11
`(3) If the gift is so returned, any return under this division that 12
includes the amount or value of the gift must also include a 13
statement to the effect that the gift was so returned. 14
`(4) (omitted). 15
`(5) (omitted). 16
`Editor's note-- 17
This section is based on proposed section 314AAA for the 18
Commonwealth Electoral Act provided in the Commonwealth Electoral 19
Amendment (Political Donations and Other Measures) Bill 2008. 20
Clause 28 Amendment of schedule, s 314AB (Annual returns by 21
registered political parties) 22
(1) Schedule, section 314AB, heading, `Annual returns'-- 23
omit, insert-- 24
`Returns for reporting periods'. 25
(2) Schedule, section 314AB(1), `(16 weeks after the end of each 26
financial year)'-- 27
omit, insert-- 28
`(8 weeks after the end of each reporting period)'. 29
Page 35
Electoral Amendment Bill 2008
[s 29]
(3) Schedule, section 314AB(1)(a), (b) and (c), `financial year'-- 1
omit, insert-- 2
`reporting period'. 3
Clause 29 Amendment of schedule, s 314AC (Amounts received) 4
(1) Schedule, section 314AC(1), `financial year'-- 5
omit, insert-- 6
`reporting period'. 7
(2) Schedule, section 314AC(1) and (2), `$1500'-- 8
omit, insert-- 9
`$1000'. 10
Clause 30 Amendment of schedule, s 314AD (Amounts paid) 11
(1) Schedule, section 314AD(1), `financial year'-- 12
omit, insert-- 13
`reporting period'. 14
(2) Schedule, section 314AD(1) and (2), `$1500'-- 15
omit, insert-- 16
`$1000'. 17
Clause 31 Amendment of schedule, s 314AE (Outstanding amounts) 18
(1) Schedule, section 314AE(1), `financial year'-- 19
omit, insert-- 20
`reporting period'. 21
(2) Schedule, section 314AE(1), `$1500'-- 22
omit, insert-- 23
`$1000'. 24
Page 36
Electoral Amendment Bill 2008
[s 32]
Clause 32 Amendment of schedule, s 314AEA (Annual returns by 1
associated entities) 2
(1) Schedule, section 314AEA, heading, `Annual returns'-- 3
omit, insert-- 4
`Returns for reporting periods'. 5
(2) Schedule, section 314AEA(1), `financial year', first 6
mention-- 7
omit, insert-- 8
`reporting period'. 9
(3) Schedule, section 314AEA(1), `(16 weeks after the end of the 10
financial year)'-- 11
omit, insert-- 12
`(8 weeks after the end of the reporting period)'. 13
(4) Schedule, section 314AEA(1)(a), (b) and (c) and (3)(d), 14
`financial year'-- 15
omit, insert-- 16
`reporting period'. 17
Clause 33 Amendment of schedule, s 314A (Interpretation) 18
Section 314A, after `Division 4,'-- 19
insert-- 20
`4A,'. 21
Clause 34 Amendment of schedule, s 315 (Offences) 22
(1) Schedule, section 315(1), after `Division 4,'-- 23
insert-- 24
`4A,'. 25
(2) Schedule, before section 315(11)-- 26
insert-- 27
Page 37
Electoral Amendment Bill 2008
[s 34]
`Unlawful receipt of gift--situations other than when political 1
party (word omitted) or associated entity is not a body 2
corporate (words omitted) 3
`(10A) A person commits an offence if-- 4
(a) the person (or a person acting on behalf of the person 5
(words omitted)) receives a gift; and 6
(b) the receipt of the gift is unlawful under section 7
306AC(1) (words omitted); and 8
(c) the person is-- 9
(i) a registered political party that is a body 10
corporate; or 11
(ii) (omitted); or 12
(iii) a candidate; or 13
(iv) (omitted); or 14
(v) an associated entity that is a body corporate. 15
Maximum penalty--12 months imprisonment or 240 penalty 16
units. 17
Unlawful receipt of gift--registered political parties (words 18
omitted) and associated entities that are not bodies corporate 19
`(10B) A person commits an offence if-- 20
(a) a gift is received by (or by a person acting on behalf of) 21
any of the following (the recipient)-- 22
(i) a registered political party that is not a body 23
corporate; 24
(ii) (omitted); 25
(iii) an associated entity that is not a body corporate; 26
and 27
(b) the receipt of the gift is unlawful under section 28
306AC(1) (words omitted); and 29
Page 38
Electoral Amendment Bill 2008
[s 34]
(c) the recipient is specified in column 2 of an item in the 1
following table, and the person is specified in column 3 2
of that item. 3
Liability for unlawful receipt of gift
Column 1 Column 2 Column 3
Item If the recipient is ... the person is liable for the
offence if the person is ...
1 a registered political party the registered officer of the party,
the secretary of the party (as
defined in section 3), or the
agent of the party
2 (omitted) (omitted)
3 (omitted) (omitted)
4 an associated entity the financial controller of the
associated entity
Maximum penalty--12 months imprisonment or 240 penalty 4
units. 5
`(10C) A person does not commit an offence against subsection (10B) 6
if-- 7
(a) the person does not know of the circumstances because 8
of which the receipt of the gift is unlawful; or 9
(b) the person takes all reasonable steps to avoid those 10
circumstances occurring. 11
(words omitted) 12
`(10D)) (omitted) 13
(heading omitted) 14
`(10E) (omitted) 15
Editor's note-- 16
Subsections (10A) to (10E) are based on proposed section 315(10A) to 17
(10E) for the Commonwealth Electoral Act provided in the 18
Commonwealth Electoral Amendment (Political Donations and Other 19
Measures) Bill 2008. 20
Prosecutions to be brought within 3 years'. 21
Page 39
Electoral Amendment Bill 2008
[s 35]
Clause 35 Amendment of schedule, s 315A (Recovery of payments) 1
Schedule, section 315A(1), `306(5)' and footnote-- 2
omit, insert-- 3
`306AG(5)'. 4
Clause 36 Amendment of schedule, insertion of new s 319B 5
Schedule, after section 319A-- 6
insert-- 7
`319B Publishing of returns 8
`(1) The electoral commission must publish on its website the 9
following returns given to the electoral commission-- 10
(a) a return under section 305B; 11
(b) a return under section 305C; 12
(c) a return under section 314AB; 13
(d) a return under section 314AEA. 14
`(2) A return mentioned in subsection (1)(a), (c) or (d) must be 15
published within 6 weeks after the return is given to the 16
electoral commission. 17
`(3) A return mentioned in subsection (1)(b) must be published 18
within 10 business days after the return is given to the 19
electoral commission.'. 20
Clause 37 Amendment of schedule, s 320 (Inspection and supply of 21
copies of claims and returns) 22
(1) Schedule, section 320(1)(b), after `Division 4'-- 23
insert-- 24
`, 4A'. 25
(2) Schedule, section 320(4)(b), after `section 305B'-- 26
insert-- 27
`or 305C'. 28
Page 40
© State of Queensland 2008
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