ELECTORAL ACT 2002 - SECT 216 Disclosure of political donations

ELECTORAL ACT 2002 - SECT 216

    (1)     A donor must provide to the Commission a disclosure return for each political donation made by the donor during a financial year that is equal to or exceeds $1000 (the disclosure threshold ) within 21 days of the making of the political donation.

    (2)     A donor must provide to the Commission a disclosure return for each political donation made by the donor during a financial year that is less than the disclosure threshold, if—

        (a)     the political donations are made to the same registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner; and

        (b)     the sum of the political donations made by the donor to that registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner is equal to or exceeds the disclosure threshold.

    (3)     A disclosure return required by subsection (2) for a political donation made by a donor during a financial year to a registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner must be provided as follows—

        (a)     within 21 days of the making of the first political donation during the financial year that has the result that the sum of the political donations made by the donor during that financial year to that registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner is equal to or exceeds the disclosure threshold;

        (b)     within 21 days of the making of each subsequent donation by the donor to that registered political party, candidate, group, elected member, nominated entity, associated entity or third party campaigner during the financial year.

    (4)     If—

        (a)     a registered political party or a candidate at an election, a group, an elected member, a nominated entity an associated entity or a third party campaigner receives a political donation during a financial year; and

        (b)     the political donation is equal to or exceeds the disclosure threshold—

the registered officer of the registered political party, or the registered agent of the candidate, group, elected member, nominated entity, associated entity or third party campaigner, as the case requires, must provide to the Commission a disclosure return for the political donation within 21 days of receiving the political donation.

    (5)     A disclosure return must be in the form approved by the Commission, and must include the following details—

        (a)     the name of the donor;

        (b)     if the donor is an individual person, the residential address of the donor;

        (c)     if the donor is not an individual person, the address of the registered office or other official office of the donor;

        (d)     the registered political party or the candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner that received the political donation;

        (e)     in the case of a disclosure return required by subsection (1) or (2), the date on which the political donation or donations to which the disclosure return relates were made;

        (f)     in the case of a disclosure return required by subsection (4), the date on which the political donation to which the disclosure return relates was received;

        (g)     the amount of the political donation or donations, as the case requires.

    (6)     A separate disclosure return must be provided in respect of each political donation for which a disclosure return is required, other than for a disclosure return referred to in subsection (3)(a), which must cover each donation during the financial year that results in the sum of the political donations during that financial year equalling or exceeding the disclosure threshold.

    (7)     If a registered political party, candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner receives a political donation for which a donor must provide a disclosure return, the registered officer of the registered political party or the registered agent of the candidate at an election, group, elected member, nominated entity, associated entity or third party campaigner receiving the political donation must notify the donor of this obligation.

    (8)     For the purposes of this section, a small contribution made by a donor or received by a registered political party, a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner is to be disregarded in determining whether the disclosure threshold has been equalled or exceeded in a financial year, unless the small contribution is made in contravention of section 218B.

    (9)     For the purposes of this section, any amount that is a political donation made or received for Commonwealth electoral purposes and is not paid into a State campaign account of a person or entity—

        (a)     is not to be included for the purposes of calculating the sum of political donations made by the donor for the purposes of subsection (2)(b); and

        (b)     does not require the provision of a disclosure return under subsection (2) or (4).

S. 217 substituted by No. 30/2018 s. 57.