Electoral Act 1907

If a third‑party campaigner incurs expenditure of more than $500 for a political purpose in relation to an election, the third‑party campaigner must, within 12 weeks after polling day in the election, lodge a return with the Electoral Commissioner in the approved form setting out the relevant details of all gifts received by the third‑party campaigner during the disclosure period for the election.

The return does not have to set out the relevant details of a gift unless —

the whole or a part of the gift was used by the third‑party campaigner —

to incur expenditure for a political purpose; or

to reimburse the campaigner for incurring expenditure for a political purpose;

the amount or value of the gift was not less than the specified amount.

A third‑party campaigner does not have to lodge a return under subsection (1) if —

the third‑party campaigner is not registered on the third‑party campaigners register for the election and the electoral expenditure incurred in relation to the election by or with the authority of the third‑party campaigner does not exceed $500; or

the third‑party campaigner —

is registered on the third‑party campaigners register for the election; and

incurs expenditure for political purposes during the disclosure period for the election of less than or equal to the specified amount.

For the purposes of this section the disclosure period for an election (the relevant election) is the period that —

commenced at the end of 30 days after polling day in the last preceding general election; and

ended 30 days after polling day in the relevant election.

A reference in this section to the incurring of expenditure for a political purpose is a reference to the incurring of expenditure for or in connection with promoting or opposing, directly or indirectly, a political party or a member of parliament or the election of a candidate or candidates in an election, or for the purpose of influencing, directly or indirectly, voting in an election, and includes a reference to the incurring of expenditure —

in connection with, or by way of —

the publication, broadcasting, display or distribution of electoral matter in relation to an election; or

the expression publicly, by any other means, of views on an issue in an election;

in connection with, or by way of, the making of a gift to a candidate or group in an election;

in connection with, or by way of, the making of a gift to a political party;

in connection with, or by way of, the making of a gift to a person on the understanding that that person or another person will apply, either directly or indirectly, the whole or a part of the gift as mentioned in paragraph (a), (b) or (c).

In subsection (5) election means the election referred to in subsection (1) or any other election.

For the purposes of subsection (2), 2 or more gifts made by the same person to a third‑party campaigner during the disclosure period for an election is taken to be 1 gift.

In the case of a conjoint election a third‑party campaigner may lodge 1 return under subsection (1) relating to both general elections without showing the extent to which gifts referred to in the return were used in relation to 1 general election or the other.