New significant third party returns
310G New significant third party returns
This section applies if:
a person or entity is registered as a significant third party at any time during a calendar year; and
the person or entity was neither registered, nor required to be registered, as a significant third party in the previous calendar year.
The financial controller of the person or entity must provide to the Electoral Commission a return for the previous calendar year in accordance with this section.
Civil penalty:
The higher of the following:
120 penalty units;
if an amount is not disclosed in accordance with subsection (4) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.
Timing of return etc.
A return under this section must:
be provided to the Electoral Commission within 30 days beginning on the day the entity is registered as a significant third party; and
be in the approved form.
Content of return
The return must set out the following information:
the total amount received by or on behalf of the person or entity during the previous 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 person or entity during the previous calendar year, together with the details required by section 310K;
the total amount paid by or on behalf of the person or entity during the previous calendar year;
the total electoral expenditure incurred by the person or entity during the previous calendar year, together with the details required by section 310M;
the total outstanding amount, as at the end of the previous calendar year, of all debts incurred by or on behalf of the person or entity, together with the details (if any) required by section 310N;
details of any discretionary benefits received by or on behalf of the person or entity from the Commonwealth during the previous calendar year.
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.
A return must be provided even if no amounts were received, paid or incurred (see section 309).
No continuing contraventions
Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
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