Electoral Commissioner must publish information
303Q Electoral Commissioner must publish information
The Electoral Commissioner must publish on the Transparency Register the following information contained in a donation disclosure notice under subsection 303L(1) in relation to a gift:
the name of the person or entity (the recipient) in relation to whom the gift was credited;
the date on which the gift was credited;
the amount of the gift;
if the total amount or value of all gifts to which that subsection applies credited in relation to the recipient during the calendar year in which the gift was credited is more than the disclosure threshold—the total amount or value of all gifts so far credited.
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.
Time for publishing information
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 credited in relation to 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 credited in relation to 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 303L(4) (gifts credited 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 303R of this Act).
A recipient is covered by this subsection in relation to a by‑election if the recipient is a significant third party, an associated entity or a third 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.
False or misleading information
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.
Publication of other information where acceptable action taken
If, in relation to a gift, the recipient referred to in paragraph (1)(a) advises the Electoral Commissioner that acceptable action has been taken in relation to the gift, the Electoral Commissioner must publish the following in the entry in the Transparency Register relating to the gift before the end of the period of 24 hours beginning at the time the recipient so advises the Electoral Commissioner:
a statement that the recipient has advised the Electoral Commissioner that acceptable action 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 303R of this Act).
This provision refers to the regulations (prescribed by regulations
). Made under this Act:
- High Court Rules 2004 · under s 375
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