Requirements for donors of gifts
303E Requirements for donors of gifts
A person or entity (the donor) must, in accordance with this section, give the Electoral Commission a written notice in relation to a gift (the relevant gift) if:
the relevant gift is made by the donor to a person or entity (the recipient) covered by an item in the table at the end of this subsection; and
the relevant gift is made to the recipient for a federal purpose; and
either or both of the following apply:
the amount or value of the relevant gift is more than the disclosure threshold;
the total amount or value of all gifts made to the recipient by the donor during the calendar year in which the relevant gift is made is more than the disclosure threshold.
The notice must be given before the end of the period worked out in accordance with subsection (2).
For the meaning of federal purpose, see subsection 287(1).
Civil penalty:
The higher of the following:
60 penalty units;
if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.
Donation disclosure notices | |
|---|---|
Item | Recipient |
1 | A member of the House of Representatives or a Senator |
2 | A candidate in an election or by‑election |
3 | A registered political party |
4 | A State branch of a registered political party |
5 | A person or entity that, at the time the relevant gift is made, is registered as: (a) a significant third party; or (b) an associated entity; or (c) a nominated entity |
6 | A person or entity that, at the time the relevant gift is made, is a third party |
Period for giving notice
The notice in relation to the relevant gift must be given to the Electoral Commission before the end of the period worked out in accordance with the following table:
Time for giving notice | ||
|---|---|---|
Item | If the recipient is … | then the notice must be given before the end of … |
1 | A member of the House of Representatives or a Senator | (a) if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to an election—the period of 7 days beginning on the day the relevant gift is made; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
2 | A candidate in an election or by‑election | (a) if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to the election or by‑election—the period of 7 days beginning on the day the relevant gift is made; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
3 | A registered political party | (a) the period of 7 days beginning on the day the relevant gift is made if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to: (i) an election; or (ii) a by‑election, if a candidate in the by‑election is endorsed by the registered political party; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
4 | A State branch of a registered political party | (a) the period of 7 days beginning on the day the relevant gift is made if the relevant gift is made at a time that occurs during the election period, or the expedited notice period, in relation to: (i) an election; or (ii) a by‑election, if the donor reasonably believes that the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
5 | A person or entity that, at the time the relevant gift is made is: (a) either: (i) registered as a significant third party, associated entity or nominated entity; or (ii) a third party; and (b) not registered under the Australian Charities and Not‑for‑profits Commission Act 2012 | (a) the period of 7 days beginning on the day the relevant gift is made if the relevant gift is made at a time that occurs during the election period, or expedited notice period, in relation to: (i) an election; or (ii) a by‑election, if the donor reasonably believes that the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election; or (b) if paragraph (a) does not apply—the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
6 | A person or entity that, at the time the relevant gift is made is: (a) either: (i) registered as a significant third party; or (ii) a third party; and (b) registered under the Australian Charities and Not‑for‑profits Commission Act 2012 | The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is made |
Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303G of this Act).
Requirements for notice
The notice under subsection (1) must:
be in the approved form; and
set out the details required by subsection 303F(1) (content of donation disclosure notices).
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