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senate vote 2021-12-01#15
Edited by
mackay staff
on
2022-05-07 09:44:53
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Title
Bills — Electoral Legislation Amendment (Political Campaigners) Bill 2021; Second Reading- Electoral Legislation Amendment (Political Campaigners) Bill 2021 - Second Reading - Proceeds of events
Description
<p class="speaker">Slade Brockman</p><p>I will now put the amendments on sheet 1401 revised 2, which I believe was circulated by Senator Lambie and Senator Patrick.</p><p> <i>Senator Patrick and </i> <i>Senator </i> <i>Lambie</i> <i>'s </i> <i>circulated amendments—</i></p><p class="italic">(1) Schedule 2, page 4 (after line 6), after item 1, insert:</p><p class="italic">1A Subsection 287(1) (definition of <i>regulated entity</i> )</p><p class="italic">Omit "section 314B", substitute "sections 314AED and 314B".</p><p class="italic">1B Subsection 287(1)</p><p class="italic">Insert:</p><p class="italic"><i>cost </i>of an eventmeans the sum of amounts incurred for or in connection with the event by the person or entity who held the event.</p><p class="italic"><i>proceeds </i>of an event means the sum of amounts:</p><p class="italic">(a) received by the person or entity who held the event; and</p><p class="italic">(b) derived directly or indirectly from the event.</p><p class="italic"><i>shared event cost: </i>see section 287ABA.</p><p class="italic">(2) Schedule 2, page 4 (after line 9), after item 2, insert:</p><p class="italic">2A After section 287AB</p><p class="italic">Insert:</p><p class="italic">287ABA Meaning of <i>shared event cost</i></p><p class="italic">(1) The <i>shared event cost </i>of an event is the cost of the event, divided by the number of persons who attended the event.</p><p class="italic">(2) For the purposes of subsection (1), the number of persons who attended an event does not include a person who was present at the event only for the purpose of providing services, including but not limited to catering, entertainment or security services.</p><p class="italic">Example: The cost of an event was $10,000. 110 persons were present at the event. 10 persons were present only for the purpose of providing catering, entertainment and security services. 100 persons attended the event. The shared event cost is $100.</p><p class="italic">(3) Schedule 2, page 7 (after line 10), after item 22, insert:</p><p class="italic">22A Section 302V</p><p class="italic">After:</p><p class="italic">Gifts totalling more than the disclosure threshold that are made by a single person to the same registered political party, State branch or political campaigner during a financial year must also be disclosed in a return provided to the Electoral Commission.</p><p class="italic">insert:</p><p class="italic">If a gift of more than the disclosure threshold is made with the proceeds of an event meeting certain criteria, the return provided by the person who made the gift must include the details of persons who contributed (or on whose behalf a contribution was made) to such proceeds.</p><p class="italic">22B After subsection 305A(4)</p><p class="italic">Insert:</p><p class="italic">(4A) For the purposes of this section, if:</p><p class="italic">(a) a gift was made that was wholly or partly derived from the proceeds of an event; and</p><p class="italic">(b) the proceeds of the event were equal to or more than 115% of the cost of the event;</p><p class="italic">the required details of the gift are also:</p><p class="italic">(c) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and</p><p class="italic">(d) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.</p><p class="italic">22C After subsection 305B(3)</p><p class="italic">Insert:</p><p class="italic">(3AA) If:</p><p class="italic">(a) a gift was made that was wholly or partly derived from the proceeds of an event; and</p><p class="italic">(b) the proceeds of the event were equal to or more than 115% of the cost of the event;</p><p class="italic">the return must also set out:</p><p class="italic">(c) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and</p><p class="italic">(d) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.</p><p class="italic">22D Section 314AAA</p><p class="italic">After:</p><p class="italic">Registered political parties, political campaigners and associated entities provide returns each financial year to the Electoral Commission setting out details relating to amounts received or paid or incurred by the parties, campaigners or entities during the year. Third parties also provide annual returns setting out details relating to electoral expenditure incurred by the third parties during the year.</p><p class="italic">insert:</p><p class="italic">Regulated entities (including registered political parties and their State branches, candidates, members of groups, political campaigners, third parties and associated entities) provide returns each financial year to the Electoral Commissioner setting out details of certain events held by the regulated entity, including the proceeds of the event and the names and addresses of those who contributed (or on whose behalf a contribution was made) to such proceeds.</p><p class="italic">(4) Schedule 2, page 10 (after line 2), after item 33, insert:</p><p class="italic">33A After section 314AEC</p><p class="italic">Insert:</p><p class="italic">314AED Annual returns relating to proceeds of events</p><p class="italic">(1) This section applies if:</p><p class="italic">(a) a regulated entity holds an event during a financial year; and</p><p class="italic">(b) the proceeds of the event are equal to or more than 115% of the cost of the event; and</p><p class="italic">(c) the proceeds of the event exceed the cost of the event by an amount equal to or more than the disclosure threshold.</p><p class="italic">(2) A return for the financial year must be provided in accordance with this section by:</p><p class="italic">(a) if the regulated entity is a political entity, political campaigner or associated entity—the agent or financial controller of the political entity, political campaigner or associated entity; or</p><p class="italic">(b) if the regulated entity is a third party—the third party.</p><p class="italic">Civil penalty:</p><p class="italic">The higher of the following:</p><p class="italic">(a) 120 penalty units;</p><p class="italic">(b) if an amount is not disclosed under paragraph (4)(b) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed under that paragraph—3 times that amount.</p><p class="italic">(3) The return must be provided to the Electoral Commissioner within 16 weeks after the end of the financial year.</p><p class="italic">(4) The return must specify:</p><p class="italic">(a) the date of the event; and</p><p class="italic">(b) the proceeds of the event; and</p><p class="italic">(c) the cost of the event; and</p><p class="italic">(d) the name and address of each person who made a contribution to the proceeds of the event of equal to or more than 115% of the shared event cost; and</p><p class="italic">(e) the name and address of each person on whose behalf a contribution to the proceeds of the event was made of equal to or more than 115% of the shared event cost.</p><p class="italic">(5) The return must be in the approved form.</p><p class="italic">(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.</p><p></p> -
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-12-01.217.1) introduced by Tasmanian Senator [Jacqui Lambie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie) (JLN) and South Australian Senator [Rex Patrick](https://theyvoteforyou.org.au/people/senate/sa/rex_patrick) (Independent), which means they failed. The amendments concerned proceeds of events.
- ### What does this bill do?
- According to the [bill homepage](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6752), the bill:
- > *Amends the Commonwealth Electoral Act 1918 to reduce from $500,000 to $100,000 the threshold for electoral expenditure that can be incurred by an individual or organisation before they are required to register as a political campaigner.*
- More detail is included in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2122a/22bd015), which is produced by the parliamentary library and is a useful nonpartisan document.
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