Commonwealth Electoral Act 1918

The agent of an entity that is:

a registered political party; or

a State branch of a registered political party;

A return must be provided even if no amounts were received, paid or incurred (see section 309).

An obligation imposed on an agent applies to each member of the executive committee of a political party or State branch if there is no agent of the party or branch, as applicable (see section 292B).

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

The return must:

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

The return must set out the following information:

the total amount received by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310J;

the total amount of gifts made for a federal purpose that were received by the entity during the calendar year, together with the details required by section 310K;

the total amount paid by or on behalf of the entity during the calendar year;

the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;

the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;

details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year;

if the entity is a registered political party that is paid administrative assistance funding under Division 3AA during the calendar year—the details required by section 310P;

if the entity is a registered political party and an entity is registered, at any time during the calendar year, as the nominated entity of the party—the name of the nominated entity.

For the meaning of federal purpose, see subsection 287(1).

See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

The Federal Quokka Party was registered as a registered political party on 1 October. The Federal Quokka Party is therefore required to provide a return for that calendar year in accordance with this section. The return must set out the information required by this section for the entire calendar year, not only the portion of the calendar year on and from 1 October.

For the purposes of paragraphs (3)(a), (c) and (e), if:

the agent of an entity that is a State branch of a registered political party is required by this section to provide a return with respect to the entity for a calendar year; and

there is no time during the year at which the entity was a registered political party;

The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

If the entity is a registered political party that is paid administrative assistance funding under Division 3AA during the calendar year, the return must include a certificate that meets the requirements in section 311.

A return is taken not to have been provided to the Electoral Commission unless the return includes such a certificate (subject to section 318).

This section does not apply to the agent of a State branch of a registered political party if the agent of the registered political party provides a return under this section that sets out the information required by this section in relation to the State branch.

Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.