Commonwealth Electoral Act 1918

The Electoral Commissioner must publish on the Transparency Register the following information contained in a donation disclosure notice under subsection 303A(1) or 303E(1) in relation to a gift:

the name of the person or entity (the recipient) that received the gift;

the name of the registered political party (if any) included for the purposes of paragraph 303B(j);

the information (other than an address) covered by whichever of the following is applicable in relation to the person or entity (the donor) that made the gift:

for a notice given under section 303A—paragraphs 303B(e) to (g);

for a notice given under section 303E—paragraphs 303F(1)(a) to (c);

the date on which the gift was:

for a notice given under section 303A—received by the recipient; or

for a notice given under section 303E—made by the donor;

the amount or value of the gift;

if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift was received is more than the disclosure threshold—the total amount or value of all gifts so far received.

If a donation disclosure notice relates to more than one gift, the Electoral Commissioner must publish the information in this subsection in relation to each gift covered by the notice.

The Electoral Commissioner must publish the information before the end of:

the period of 24 hours beginning at the time the donation disclosure notice is received by the Electoral Commission if:

the gift is received by the recipient during the period beginning on the day of issue of the writ for an election and ending at the end of the seventh day after polling day for the election; or

the gift is received by the recipient during the period beginning on the day of issue of the writ for a by‑election and ending at the end of the seventh day after polling day for the by‑election, and the recipient is covered by subsection (3) in relation to the by‑election; or

the gift is covered by subsection 303A(7) (gifts received close to the start of an election period); or

the donation disclosure notice is otherwise received by the Electoral Commission during the election period in relation to an election; or

in any other case—the period of 10 days beginning on the day the donation disclosure notice is received by the Electoral Commission.

Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of information under subsection (1) of this section (see section 303K of this Act).

A recipient is covered by this subsection in relation to a by‑election if:

the recipient is a candidate in the by‑election; or

the recipient is a registered political party, and a candidate in the by‑election is endorsed by the recipient; or

the recipient is a significant third party, an associated entity, a nominated entity, a third party or a State branch of a registered political party and, in the opinion of the Electoral Commissioner, the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election.

Despite subsection (1), the Electoral Commissioner is not required to publish on the Transparency Register information contained in a donation disclosure notice if the Electoral Commissioner reasonably believes that the information is false or misleading in a material particular.

If, in relation to a gift, the recipient referred to in paragraph (1)(a) advises the Electoral Commissioner that:

acceptable recipient action, or action that would be acceptable recipient action if the gift had exceeded the annual gift cap for a calendar year; or

acceptable donor action, or action that would be acceptable donor action if the gift had exceeded the annual gift cap for a calendar year; or

acceptable action;

a statement that the recipient has advised the Electoral Commissioner that acceptable recipient action, acceptable donor action or acceptable action (as the case requires) has been taken in relation to the gift;

such other information (if any) prescribed by regulations made for the purposes of this paragraph.

Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of a statement or information under this subsection (see section 303K of this Act).