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representatives vote 2021-12-01#1
Edited by
mackay staff
on
2022-05-13 14:44:16
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Title
Bills — Electoral Legislation Amendment (Annual Disclosure Equality) Bill 2021; Consideration in Detail- Electoral Legislation Amendment (Annual Disclosure Equality) Bill 2021 - Consideration in Detail - Receipt of donations
Description
<p class="speaker">Helen Haines</p><p>by leave—I move amendments (2) and (4) together:</p><p class="italic">(2) Clause 2, page 2 (at the end of the table), add:</p><p class="italic">(4) Schedule 1, page 19 (after line 26), at the end of the Schedule, add:</p><p class="italic">Part 4 — Disclosure of receipt of donations</p><p class="italic"> <i>Commonwealth Electoral Act 1918</i></p><p class="italic">53 After Division 4 of Part XX</p><p class="italic">Insert:</p><p class="italic">Division 4A — Disclosure of receipt of donations</p><p class="italic">307AA Interpretation</p><p class="italic">In this Division:</p><p class="italic"><i>$1,000-exceeding sum</i> from a person or entity means a sum of gifts received from the person or entity that is equal to or more than $1,000.</p><p class="italic"><i>disclosure threshold-exceeding sum</i> from a person or entity means a sum of gifts received from the person or entity that is equal to or more than the disclosure threshold.</p><p class="italic"><i>gift recipient</i> means any of the following:</p><p class="italic">(a) a registered political party;</p><p class="italic">(b) a State branch of a registered political party;</p><p class="italic">(c) a candidate (including a member of a group) in an election or a by-election;</p><p class="italic">(d) a group;</p><p class="italic">(e) an associated entity.</p><p class="italic"><i>quarter</i> means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.</p><p class="italic">307AB Real-time disclosure of disclosure threshold-exceeding gifts</p><p class="italic">(1) If a gift recipient receives a disclosure threshold-exceeding sum from a person or entity during a financial year, the recipient's agent or financial controller must provide a return in accordance with this section:</p><p class="italic">(a) within 5 business days after the day the recipient receives the gift (a <i>trigger gift</i>) that makes the sum of gifts received during the financial year a disclosure threshold-exceeding sum; and</p><p class="italic">(b) within 5 business days after the day of each subsequent gift (a <i>post-trigger gift</i>) after the trigger gift the recipient receives from the person or entity during the financial year.</p><p class="italic">Note: For the purposes of paragraph (a), it does not matter whether the trigger gift is itself equal to or more than the disclosure threshold.</p><p class="italic">(2) The return must:</p><p class="italic">(a) be in the approved form; and</p><p class="italic">(b) in the case of a return required under paragraph (1)(a) because of a trigger gift:</p><p class="italic">(i) set out the disclosure threshold-exceeding sum received; and</p><p class="italic">(ii) set out the amount or value of each gift that makes up the disclosure threshold-exceeding sum; and</p><p class="italic">(iii) set out the date on which each of those gifts was received;</p><p class="italic">(c) in the case of a return required under paragraph (1)(b) because of a post-trigger gift:</p><p class="italic">(i) set out the amount or value of the post-trigger gift that was received; and</p><p class="italic">(ii) set out the date on which the post-trigger gift was received.</p><p class="italic">(3) The return must set out:</p><p class="italic">(a) if the person or entity was an unincorporated association, other than a registered industrial organisation:</p><p class="italic">(i) the name of the association; and</p><p class="italic">(ii) the names and addresses of the members of the executive committee (however described) of the association; or</p><p class="italic">(b) if the gift or gifts from the person or entity was paid out of a trust fund or paid out of the funds of a foundation:</p><p class="italic">(i) the names and addresses of the trustees of the fund or of the foundation; and</p><p class="italic">(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires; or</p><p class="italic">(c) in any other case—the name and address of the person or entity.</p><p class="italic">(4) An agent or financial controller of a gift recipient must not contravene subsection (1).</p><p class="italic">Civil penalty:</p><p class="italic">The higher of the following amounts:</p><p class="italic">(a) 60 penalty units;</p><p class="italic">(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.</p><p class="italic">(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (4) of this section.</p><p class="italic">307AC Quarterly disclosure of $1,000-exceeding gifts</p><p class="italic">(1) If a gift recipient receives a $1,000-exceeding sum from a person or entity during a quarter, the recipient's agent or financial controller must provide a return in accordance with this section within 5 business days after the end of the quarter.</p><p class="italic">(2) The return must:</p><p class="italic">(a) be in the approved form; and</p><p class="italic">(b) set out the sum of the gifts that the gift recipient receives from the person or entity during the quarter; and</p><p class="italic">(c) for each of those gifts:</p><p class="italic">(i) set out the amount or value of the gift; and</p><p class="italic">(ii) set out the date on which the gift was received.</p><p class="italic">(3) The return must set out:</p><p class="italic">(a) if the person or entity was an unincorporated association, other than a registered industrial organisation:</p><p class="italic">(i) the name of the association; and</p><p class="italic">(ii) the names and addresses of the members of the executive committee (however described) of the association; or</p><p class="italic">(b) if the gift or gifts from the person or entity was paid out of a trust fund or paid out of the funds of a foundation:</p><p class="italic">(i) the names and addresses of the trustees of the fund or of the foundation; and</p><p class="italic">(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires; or</p><p class="italic">(c) in any other case—the name and address of the person or entity.</p><p class="italic">(4) Subsection (1) does not apply if the gift recipient receives a disclosure threshold-exceeding sum from the person or entity during the period:</p><p class="italic">(a) starting at the start of the financial year in which the quarter occurs; and</p><p class="italic">(b) ending at the end of the quarter.</p><p class="italic">(5) An agent or financial controller of a gift recipient must not contravene subsection (1).</p><p class="italic">Civil penalty:</p><p class="italic">The higher of the following amounts:</p><p class="italic">(a) 60 penalty units;</p><p class="italic">(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.</p><p class="italic">(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (5) of this section.</p><p class="italic">54 Subsection 320(1) (after table item 4)</p><p class="italic">Insert:</p><p>I have just given some brief remarks, in my second reading contribution, about the importance of instigating in the federal parliament a law that would include and ensure that we have a $1,000 political donations disclosure threshold. As I said in my second reading contribution, I think it would be extremely important and it would meet community expectations if we were in fact fair dinkum about political donations transparency in the federal parliament, and if we joined with many of our state governments and other jurisdictions around the world in ensuring we truly understand how often donations come through, where donations come through and the amount of donations that come through to our federal parliament, through donations to major parties and, indeed, to Independents as well.</p><p>I have moved a private member's bill in this House in regard to these amendments before. The member for Mayo has done the same. There is strong community support to have greater transparency in political donations, and great community support to see the donations threshold lowered from $14,500 to $1,000.</p><p>My thoughts on this are very clear. They are contrary, certainly, to what some other members on the other side might have to say about this, but I have great confidence these are amendments that would be supported by the people, and I urge those in this House to support these amendments today.</p> <p class="speaker">Andrew Wallace</p><p>The question is that the amendments be disagreed to.</p><p></p><p></p> -
- The majority voted in favour of *disagreeing* with [amendments](https://www.openaustralia.org.au/debates/?id=2021-12-01.22.1) introduced by Indi MP [Helen Haines](https://theyvoteforyou.org.au/people/representatives/indi/helen_haines) (Independent), which means they failed. The amendment concerned receipt of donations and the disclosure of receipt of donations.
- ### What does the bill do?
- According to the [bill homepage](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6818), the bill was introduced to:
- * *extend the application of the foreign donations framework to current sitting members of the House of Representatives and Senators;*
- * *require members of the House of Representatives and Senators who receive gifts for the purpose of incurring electoral expenditure or creating or communicating electoral matter to lodge an annual return with the Australian Electoral Commission; and*
- * *extend the period for which a person is taken to be a candidate by an additional six months for the purpose of the disclosure period for candidate and Senate group returns and for restrictions on receiving foreign donations.*
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