2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Electoral (Election Finance Reform) Amendment Bill 2011

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Offences against Act—application of Criminal Code etc
Section 3A	2
	5	Part 14 heading	2
	6	Definitions for pt 14
Section 198, new definition of affiliation fee	3
	7	Section 198, definition of associated entity	3
	8	Section 198, new definitions	4
	9	Section 198, definition of gift, paragraph (b)	4
	10	Section 198, definition of gift, paragraph (d)	5
	11	Section 198, new definitions	5
	12	Activities of campaign committees
Section 200 (1)	6
	13	Disclosure periods
Section 201 (2) (c)	6
	14	New section 202A	7
	15	New divisions 14.2A and 14.2B	7
	16	Section 207	14
	17	New division 14.3A	15
	18	Division 14.4 heading	24
	19	Section 216 heading	24
	20	Section 216, new definitions	24
	21	New section 216A	25
	22	Section 217 heading	27
	23	Section 220	27
	24	Sections 221 to 221B	28
	25	Anonymous gifts
New section 222 (1A)	28
	26	Section 222 (2)	29
	27	Definitions for div 14.5
Section 223, definition of electoral advertisement	29
	28	Section 223, definitions of electoral expenditure and relates	29
	29	Annual returns by parties and MLAs
Section 230 (6)	29
	30	Section 231B heading	29
	31	Amounts received
New section 232 (1) (c)	30
	32	Section 232 (2)	30
	33	New section 232 (3) (c)	30
	34	Section 232 (4) (c)	30
	35	Investigation notices generally
Section 237 (1), definition of prescribed person	31
	36	Copies of returns to be available for public inspection
Section 243 (1)	31
	37	Section 243 (2)	31
	38	Section 243 (3)	32
	39	New section 243A	32
	40	Section 289 heading	32
	41	Section 289 (1)	33
	42	Section 289 (2), new definition of gift	33
	43	New section 339	33
	44	New part 31	34
	45	Internally reviewable decisions
Schedule 5, new items 10A and 10B	35
	46	Dictionary, note 2	35
	47	Dictionary, new definitions	35
	48	Dictionary, definition of defined details	36
	49	Dictionary, definitions of electoral advertisement and electoral expenditure	36
	50	Dictionary, new definitions	36
	51	Further amendments, mentions of Election funding and financial disclosure	37
Schedule 1	Consequential amendments	39
Part 1.1	Electoral Regulation 1993	39
Part 1.2	Referendum (Machinery Provisions) Act 1994	39

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Electoral (Election Finance Reform) Amendment Bill 2011

A Bill for
An Act to amend the Electoral Act 1992, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Electoral (Election Finance Reform) Amendment Act 2011.
2	Commencement
This Act commences on 1 January 2012.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Electoral Act 1992.
Note	This Act also amends the following legislation (see sch 1):
	Electoral Regulation 1993
	Referendum (Machinery Provisions) Act 1994.
4	Offences against Act—application of Criminal Code etc
Section 3A
insert
·	s 205C (Offence—exceeding expenditure caps)
·	s 205D (Offence—recklessly exceeding expenditure caps)
·	s 205E (Offence—acting in concert to avoid expenditure caps)
·	s 205F (Certain gifts not to be received)
·	s 205G (Prohibition on indirect gifts to avoid statutory limit)
5	Part 14 heading
substitute
Part 14	Election funding, expenditure, records and financial disclosure
6	Definitions for pt 14
Section 198, new definition of affiliation fee
insert
affiliation fee means an amount payable by an entity to a party to become affiliated with the party whether or not the amount is called an affiliation fee.
Examples
1	a ‘supporters fee’ paid by a union to a party
2	a ‘collegiate contribution’ paid by an employer organisation to a party
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
7	Section 198, definition of associated entity
substitute
associated entity means an entity that—
	(a)	for a party—
	(i)	is controlled by the party; or 
	(ii)	operates completely or to a significant extent for the benefit of the party; or
	(iii)	is affiliated or associated (however described) with a party in a way that allows the entity to be directly involved in the development of policy or the selection of a candidate for a party; or
	(iv)	pays an affiliation fee to the party; or
	(b)	for an MLA or a candidate—
	(i)	is controlled by the MLA or the candidate; or 
	(ii)	operates completely or to a significant extent for the benefit of the MLA or the candidate; or
	(iii)	is affiliated or associated (however described) with the MLA or the candidate in a way that allows the entity to be directly involved in the development of policy for the MLA or the candidate.
8	Section 198, new definitions
insert
called, for an election, means the day that the election day is—
	(a)	specified under the Self-Government Act; or
	(b)	determined under this Act.
capped expenditure period means—
	(a)	for an ordinary election—the period starting on 1 January in the year in which the ordinary election is required and ending on the polling day for the election in that year; or
	(b)	for an extraordinary election—the period starting on the day the extraordinary election is called and ending on the polling day for the election.
electoral expenditure, for an election, means expenditure incurred on—
	(a)	producing, broadcasting, publishing or displaying an electoral advertisement; or
	(b)	electoral matter (other than an electoral advertisement); or
	(c)	consultant’s or advertising agent’s fees for services or material relating to the election.
9	Section 198, definition of gift, paragraph (b)
substitute
	(b)	a payment under division 14.3 (Election funding) or 14.3A (Administrative expenditure funding); or
10	Section 198, definition of gift, paragraph (d)
omit
Disclosure of donations
substitute
Gifts and certain loans—records and disclosure
11	Section 198, new definitions
insert
non-party candidate grouping, for a candidate who is not a party candidate, means—
	(a)	the candidate; and
	(b)	an associated entity of the candidate.
party grouping, for a party, means—
	(a)	the party; and
	(b)	an MLA for the party; and
	(c)	a party candidate for the party; and
	(d)	an associated entity of the party; and
	(e)	an associated entity of an MLA for the party; and
	(f)	an associated entity of a party candidate for the party.
party MLA means an MLA who is a member of a party.
relevant person, for a third-party campaigner, means—
	(a)	if the third-party campaigner is a person—the third-party campaigner; or
	(b)	in any other case—the person responsible for maintaining the financial records of the third-party campaigner.
third-party campaigner—
	(a)	means a person or entity that incurs more than $1 000 in electoral expenditure in a capped expenditure period for an election; but
	(b)	does not include a party, MLA, candidate, party grouping or non-party candidate grouping.
12	Activities of campaign committees
Section 200 (1)
omit
Disclosure of donations
substitute
Gifts and certain loans—records and disclosure
13	Disclosure periods
Section 201 (2) (c)
omit
for a person to whom, or body to which, section 220 or 221 applies
substitute
for a third-party campaigner to which section 220 applies
14	New section 202A
in division 14.1, insert
202A	When person or entity incurs electoral expenditure—pt 14
For this part, a person or entity incurs electoral expenditure when the service or product that constitutes the electoral expenditure is provided or delivered.
Examples
1	Electoral expenditure on an electoral advertisement is incurred when the advertisement is broadcast.
2	Electoral expenditure on electoral matter is incurred when the matter is distributed.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
15	New divisions 14.2A and 14.2B
insert
Division 14.2A	Limitations on election expenditure
205A	Meaning of expenditure cap—div 14.2A
	(1)	For this division, the expenditure cap for a capped expenditure period for an election is—
	(a)	for a party grouping—$60 000, or, if an amount is declared under subsection (2), the declared amount, multiplied by the lesser of— 
	(i)	the number of seats in the Legislative Assembly; and
	(ii)	the number of party candidates for the party for the election; or
	(b)	for an MLA who is not a party MLA and an associated entity of the MLA—$120 000, or, if an amount is declared under subsection (2), the declared amount; or
	(c)	for a non-party candidate grouping—$120 000, or, if an amount is declared under subsection (2), the declared amount; or
	(d)	for a third-party campaigner—$30 000, or, if an amount is declared under subsection (2), the declared amount.
	(2)	The commissioner must, before 1 December each year, declare a CPI indexed expenditure cap for subsection (1) (a) to (d), worked out under section 205B.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	Subsection (2) does not apply in relation to the capped expenditure period starting on 1 January 2012.
	(5)	This subsection and subsection (4) expire on 1 January 2016.
205B	Working out expenditure cap indexation
	(1)	For section 205A (2), the CPI indexed expenditure cap is worked out as follows:
)
	(2)	If the calculation in subsection (1) results in a reduction of the expenditure cap, the commissioner must declare that the expenditure cap is the same amount as the expenditure cap in the previous year.
	(3)	If the calculation in subsection (1) results in an expenditure cap that is not a multiple of $5, the commissioner must round up the CPI indexed expenditure cap to the next whole dollar amount that is a multiple of 5.
	(4)	In this section:
CPI means the all groups consumer price index number, being the weighted average of the 8 capital cities, published by the Australian statistician.
CPI percentage increase, for a year, means the annual percentage increase in the CPI from the September quarter of the previous year to the September quarter in the year the calculation is made.
EC means—
	(a)	in the first year—the relevant expenditure cap amount mentioned in section 205A (1) (a) to (d); and
	(b)	in a later year—the amount worked out under subsection (1) for the previous year.
205C	Offence—exceeding expenditure caps
	(1)	The registered officer of a party commits an offence if—
	(a)	the party grouping for the party incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the party grouping for the capped expenditure period for the election.
Maximum penalty:  100 penalty units.
	(2)	An MLA who is not a party MLA commits an offence if—
	(a)	the MLA or an associated entity of the MLA incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the MLA and an associated entity of the MLA for the capped expenditure period for the election.
Maximum penalty:  100 penalty units.
	(3)	A candidate who is not a party candidate commits an offence if—
	(a)	the non-party candidate grouping for the candidate incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the non-party candidate grouping for the capped expenditure period for the election.
Maximum penalty:  100 penalty units.
	(4)	The relevant person for a third-party campaigner commits an offence if—
	(a)	the third-party campaigner incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the third-party campaigner for the capped expenditure period for the election.
Maximum penalty:  100 penalty units.
205D	Offence—recklessly exceeding expenditure caps
	(1)	The registered officer of a party commits an offence if—
	(a)	the party grouping for the party incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the party grouping for the capped expenditure period for the election; and
	(c)	the officer is reckless about whether the electoral expenditure is more than the expenditure cap for the period.
Maximum penalty:  1 000 penalty units.
Note	The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).
	(2)	An MLA who is not a party MLA commits an offence if—
	(a)	the MLA or an associated entity of the MLA incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the MLA and an associated entity of the MLA for the capped expenditure period for the election; and
	(c)	the MLA is reckless about whether the electoral expenditure is more than the expenditure cap for the period.
Maximum penalty:  1 000 penalty units.
	(3)	A candidate who is not a party candidate commits an offence if—
	(a)	the non-party candidate grouping for the candidate incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the non-party candidate grouping for the capped expenditure period for the election; and
	(c)	the candidate is reckless about whether the electoral expenditure is more than the expenditure cap for the period.
Maximum penalty:  1 000 penalty units.
	(4)	The relevant person for a third-party campaigner commits an offence if—
	(a)	the third-party campaigner incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure is more than the expenditure cap for the third-party campaigner for the capped expenditure period for the election; and
	(c)	the relevant person is reckless about whether the electoral expenditure is more than the expenditure cap for the period.
Maximum penalty:  1 000 penalty units.
205E	Offence—acting in concert to avoid expenditure caps
	(1)	The relevant person for a third-party campaigner commits an offence if—
	(a)	the third-party campaigner, acting in concert with another person, incurs electoral expenditure in a capped expenditure period for an election; and
	(b)	the total amount of the expenditure of the third-party campaigner and the other person is more than the expenditure cap for the third-party campaigner for the capped expenditure period for the election; and
	(c)	the relevant person is reckless about whether the electoral expenditure is more than the expenditure cap for the period.
Maximum penalty:  1 000 penalty units.
	(2)	In this section:
act in concert—a person acts in concert with someone else if the person acts under an agreement (whether formal or informal) with the other person to campaign in a substantially similar way with the object, or principal object, of having a particular party, MLA or candidate elected.
Division 14.2B	Limitations on gifts
205F	Certain gifts not to be received
	(1)	A registered officer of a party commits an offence if—
	(a)	the party grouping for the party receives a gift or gifts from a person in a financial year; and
	(b)	the total amount of the gift or gifts received from the person in the financial year is more than $7 000.
Maximum penalty: 1 000 penalty units.
	(2)	An MLA who is not a party MLA commits an offence if—
	(a)	the MLA or an associated entity of the MLA receives a gift or gifts from a person in a financial year; and
	(b)	the total amount of the gift or gifts received from the person in the financial year is more than $7 000.
Maximum penalty: 1 000 penalty units.
	(3)	A candidate who is not a party candidate commits an offence if—
	(a)	the non-party candidate grouping for the candidate receives a gift or gifts from a person in a financial year; and
	(b)	the total amount of the gift or gifts received from the person in the financial year is more than $7 000.
Maximum penalty: 1 000 penalty units.
	(4)	The relevant person for a third-party campaigner commits an offence if—
	(a)	the third-party campaigner receives a gift or gifts from a person in a financial year; and
	(b)	the total amount of the gift or gifts received from the person in the financial year is more than $7 000.
Maximum penalty: 1 000 penalty units.
205G	Prohibition on indirect gifts to avoid statutory limit
A person commits an offence if—
	(a)	the person gives another person or entity (the donor) an amount or thing (a donation); and
	(b)	the person directs or requests the donor to give all or part of the donation (the gift) to a party, MLA, candidate or associated entity in the financial year; and
	(c)	the gift, together with any gift given by the person to the party, MLA, candidate or associated entity in the financial year is more than $7 000.
Maximum penalty: 1 000 penalty units.
16	Section 207
substitute
207	Entitlement to funds
	(1)	85% of the Senate amount on polling day for an election is payable for each eligible vote cast for a candidate or party in the election.
	(2)	A figure worked out under subsection (1) must be worked out to—
	(a)	if the figure, if calculated to 4 decimal points, would end with a number greater than 4—3 decimal places and increased by 0.001; or
	(b)	in any other case—3 decimal places.
	(3)	In this section:
Senate amount means an amount equal to the amount that is payable for each first preference vote given for a candidate or group in a Senate election under the Commonwealth Electoral Act 1918 (Cwlth), section 294 (General entitlement to funds).
17	New division 14.3A
insert
Division 14.3A	Administrative expenditure funding
Subdivision 14.3A.1	Preliminary
215A	Meaning of non-party MLA—div 14.3A
In this division:
non-party MLA—see section 215E.
215B	Meaning of administrative expenditure—div 14.3A
	(1)	For this division, administrative expenditure, for a party or non‑party MLA, means expenditure for the administrative and operating expenses of the party or MLA.
	(2)	Without limiting subsection (1), administrative expenditure includes expenditure on the following:
	(a)	the administration or management of the activities of the party or MLA;
	(b)	conferences, seminars, meetings or other functions at which the policies of the party or MLA are discussed or formulated;
	(c)	giving information to the public, or a section of the public, about the party or MLA;
	(d)	giving information to members and supporters of the party or supporters of the MLA;
	(e)	expenditure in relation to the audit of any of the financial accounts of, or claims for payment or disclosures under this Act of, the party or MLA;
	(f)	the remuneration of staff engaged in an activity mentioned in paragraph (a), (b), (c), (d) or (e) for the party or MLA to the extent the remuneration relates to the time spent by the staff on the activity;
	(g)	the acquisition or operation of equipment or vehicles used for an activity mentioned in paragraph (a), (b), (c), (d) or (e) to the extent the acquisition or operation relates to the use of the equipment or vehicle for the activity;
	(h)	office accommodation for staff mentioned in paragraph (f) and equipment mentioned in paragraph (g);
	(i)	interest payments on loans.
	(3)	However, administrative expenditure does not include the following:
	(a)	electoral expenditure;
	(b)	expenditure for which an MLA may claim an allowance as an MLA;
	(c)	expenditure incurred substantially in relation to operations or activities that relate to the election of people to a parliament other than the Legislative Assembly;
	(d)	expenditure prescribed by regulation.
Subdivision 14.3A.2	Eligibility for and amount of payment for administrative expenditure
215C	Eligibility of party for payment for administrative expenditure
	(1)	A party is eligible for payment for administrative expenditure for a quarter if—
	(a)	it was a registered party on polling day for the last general election and continues to be a registered party at the end of the quarter; and
	(b)	at least 1 party candidate was elected at the last general election or declared elected under part 13 (Casual vacancies) after the last general election, and the commissioner is satisfied on reasonable grounds that each candidate who was elected or declared elected (an elected MLA) claimed to be a party candidate; and
	(c)	the commissioner is satisfied on reasonable grounds that at least 1 elected MLA continues to be a member of the party at the end of the quarter.
	(2)	However, if a failure to give a return to the commissioner under this part continues in relation to a party, the party is not eligible for any payment for administrative expenditure until the return is given to the commissioner.
Example
The reporting agent of a party candidate who was not elected at the last election fails to give the commissioner a return as required by s 217.  The party is not eligible for payment for administrative expenditure until the return is given to the commissioner.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	In this section:
return includes a notice under section 240 (1) (c) or (4) (Inability to complete returns).
215D	Amount of payment for administrative expenditure for eligible parties
	(1)	This section applies if a party is eligible for payment for administrative expenditure for a quarter in a year.
	(2)	The amount that the party is entitled to be paid for the quarter is the lesser of—
	(a)	the amount of actual administrative expenditure incurred by the party in the quarter; and
	(b)	$20 000 or, if an amount is declared under subsection (6) for the year, the declared amount for each MLA who is a member of the party at the end of the quarter.
	(3)	However, the party is not entitled to be paid an amount for the year that is more than the total annual entitlements of MLAs who were members of the party during the year.
	(4)	The annual entitlement of an MLA who is a member of a party in a year is worked out as follows:

	(5)	If, at the end of a year, a party has been paid more than the party is entitled to be paid under this section, the party must pay the overpayment to the commissioner.
	(6)	The commissioner must, not later than 1 January in a year, declare an amount for subsection (2) (b) for the year, worked out under section 215G.
	(7)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(8)	In this section:
A means $20 000 or, if an amount is declared under subsection (6) for the year, the declared amount.
D means the number of days in the year that the MLA is a member of the party.
	(9)	Subsection (6) does not apply in relation to 2012.
	(10)	This subsection and subsection (9) expire on 1 January 2016.
215E	Eligibility of non-party MLAs for payment for administrative expenditure
	(1)	An MLA (a non-party MLA) is eligible for payment for administrative expenditure for a quarter if—
	(a)	either—
	(i)	the MLA was not endorsed by a party at the election at which the MLA was elected; or
	(ii)	the MLA was endorsed by a party at the election at which the MLA was elected, but the MLA is not a member of the party at the end of the quarter; and
	(b)	the commissioner is satisfied on reasonable grounds that the MLA is not, at the end of the quarter, a member of a party that is entitled to payment for administrative expenditure.
	(2)	However, if a failure to give a return to the commissioner under this part continues in relation to a non-party MLA, the MLA is not eligible for any payment for administrative expenditure until the return is given to the commissioner.
	(3)	In this section:
return includes a notice under section 240 (1) (c) or (4) (Inability to complete returns).
215F	Amount of payment for administrative expenditure for non-party MLAs
	(1)	This section applies if a non-party MLA is eligible for payment for administrative expenditure for a quarter in a year.
	(2)	The amount that the non-party MLA is entitled to be paid for the quarter is the lesser of—
	(a)	the amount of actual administrative expenditure incurred by the non-party MLA in the quarter; and
	(b)	$20 000 or, if an amount is declared under subsection (6) for the year, the declared amount.
	(3)	However, the non-party MLA is not entitled to be paid an amount for the year that is more than the MLA’s annual entitlement.
	(4)	The annual entitlement of a non-party MLA in a year is worked out as follows:

	(5)	If, at the end of a year, a non-party MLA has been paid more than the MLA is entitled to be paid under this section, the MLA must pay the overpayment to the commissioner.
	(6)	The commissioner must, not later than 1 January in a year, declare an amount for subsection (2) (b) for the year, worked out under section 215G.
	(7)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(8)	In this section:
A means $20 000 or, if an amount is declared under subsection (6) for the year, the declared amount.
D means the number of days in the year that the MLA is a non-party MLA.
	(9)	Subsection (6) does not apply in relation to 2012.
	(10)	This subsection and subsection (9) expire on 1 January 2016.
215G	Working out indexation for administrative expenditure
	(1)	For section 215D (6) and section 215F (6), an amount for a year (the relevant year) is worked out as follows:

	(2)	However, if for a relevant year the amount under subsection (1) is less than P, the amount for the year is P.
	(3)	A figure used to work out the amount under subsection (1) must be worked out to—
	(a)	if the figure, if calculated to 4 decimal points, would end with a number greater than 4—3 decimal places and increased by 0.001; or
	(b)	in any other case—3 decimal places.
	(4)	If the Australian statistician publishes an index number in relation to a quarter in substitution for an index number previously published in relation to that quarter, the commissioner must disregard the publication of the later index number for this section.
	(5)	However, if the Australian statistician changes the reference base for the consumer price index, then, in applying this section after the change, the commissioner must have regard only to index numbers published in terms of the new reference base.
	(6)	In this section:
index number, in relation to a quarter, means the all groups consumer price index number, being the weighted average of the 8 capital cities, published by the Australian statistician in relation to that quarter.
INS1 means the index number published for the September quarter in the preceding year.
INS2 means the index number published for the September quarter in the year immediately before the preceding year.
P means—
	(a)	if the relevant year is 2013—$20 000; and
	(b)	if the relevant year is a later year—the amount worked out under subsection (1) for the preceding year.
preceding year means the year immediately before the relevant year.
Subdivision 14.3A.3	Payment for administrative expenditure
215H	Application for payment
	(1)	The reporting agent of a party or non-party MLA may apply to the commissioner for payment for administrative expenditure for a quarter.
	(2)	The application must be—
	(a)	in writing; and
	(b)	given to the commissioner within 3 months after the end of the quarter.
Note 1	If a form is approved under s 340A for this provision, the form must be used.
Note 2	If particular information is to be included in the form, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).
Note 3	For how documents may be served, see the Legislation Act, pt 19.5.
	(3)	The commissioner may, in writing, require the applicant to give the commissioner more information in writing or documents that the commissioner reasonably needs to decide the application.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
	(4)	If the applicant does not comply with a requirement under subsection (3), the commissioner may refuse to consider the application further.
215I	Deciding application and making payment
	(1)	If the commissioner receives an application mentioned in section 215H for payment for administrative expenditure, the commissioner must—
	(a)	decide whether to pay all or part of the payment, or to refuse payment; and
	(b)	if the commissioner decides to pay all or part of the payment—pay the amount required under this division.
	(2)	In deciding whether to pay all or part of the payment, or to refuse payment, the commissioner must only consider—
	(a)	whether the expenditure claimed is administrative expenditure; and
	(b)	if the expenditure is administrative expenditure—
	(i)	whether the administrative expenditure was incurred by the party or MLA; and
	(ii)	whether the party or MLA is entitled under this division to the amount claimed.
	(3)	Entitlement to payment under this division is decided as at the end of the quarter for which the payment is to be made.
	(4)	If the commissioner decides to pay all or part of the payment, the commissioner must pay the amount to the reporting agent of the party or non-party MLA.
Note	The commissioner must pay the amount as soon as possible (see Legislation Act, s 151B).
18	Division 14.4 heading
substitute
Division 14.4	Gifts and certain loans—records and disclosure
19	Section 216 heading
substitute
216	Definitions—div 14.4
20	Section 216, new definitions
insert
anonymously—a gift is made anonymously if the person receiving the gift does not know the defined details for the gift.
small anonymous gift means a gift made anonymously that is less than the prescribed amount under section 222.
21	New section 216A
insert
216A	Records and regular disclosure of gifts
	(1)	If a candidate or associated entity of a candidate (the receiver) receives a gift in the disclosure period for an election, the relevant person for the receiver must—
	(a)	record the information mentioned in subsection (3); and
	(b)	if the amount of the gift is $1 000 or more—give the commissioner in writing the information mentioned in subsection (3) not later than 7 days after the day the receiver receives the gift.
Note	The Electronic Transactions Act 2001, s 8 provides for the giving of information by means of an electronic communication in certain circumstances.
	(2)	If a party, MLA or associated entity of a party or MLA (the receiver) receives a gift, the relevant person for the receiver must—
	(a)	record the information mentioned in subsection (3); and
	(b)	if the amount of the gift is $1 000 or more—give the commissioner in writing the information mentioned in subsection (3)—
	(i)	if the receiver receives the gift in the capped expenditure period—not later than 7 days after the day the receiver receives the gift; or
	(ii)	in any other case—not later than 30 days after the day the receiver receives the gift.
	(3)	The information is—
	(a)	the date the gift is received; and
	(b)	the amount of the gift; and
	(c)	for a gift other than a small anonymous gift—the defined details for the gift; and
	(d)	for a small anonymous gift—that the gift is made anonymously.
	(4)	In this section:
gift does not include a gift made to a person in a private capacity for the person’s personal use if the person does not use the gift solely or substantially for a purpose related to an election.
relevant person—
	(a)	for a party—
	(i)	if the party is a corporation—the party; or
	(ii)	in any other case—the party’s reporting agent; or
	(b)	for an MLA—the MLA’s reporting agent; or
	(c)	for a candidate—the candidate’s reporting agent; or
	(d)	for an associated entity—
	(i)	if the entity is a corporation—the entity; or
	(ii)	in any other case—the entity’s financial controller.
22	Section 217 heading
substitute
217	Disclosure of gifts by candidates
23	Section 220
substitute
220	Disclosure of gifts by third-party campaigners
	(1)	This section applies if a third-party campaigner—
	(a)	incurs electoral expenditure in the capped expenditure period for an election; and
	(b)	receives from someone else 1 or more gifts—
	(i)	all or part of which is used by the third-party campaigner to—
	(A)	enable the third-party campaigner to incur electoral expenditure in the capped expenditure period; or
	(B)	reimburse the third-party campaigner for incurring electoral expenditure in the capped expenditure period; and
	(ii)	the total amount of which is $1 000 or more.
	(2)	Within 15 weeks after polling day in the election, the third-party campaigner must give the commissioner a return for the gift or gifts.
Note 1	If a form is approved under s 340A for this provision, the form must be used.
Note 2	For how a return may be given, see the Legislation Act, pt 19.5.
	(3)	The return must state, for each gift mentioned in subsection (1)—
	(a)	the date the gift is received; and
	(b)	the amount of the gift; and
	(c)	for a gift other than a small anonymous gift—the defined details for the gift; and
	(d)	for a small anonymous gift—that the gift is made anonymously.
24	Sections 221 to 221B
omit
25	Anonymous gifts
New section 222 (1A)
insert
	(1A)	Also—
	(a)	a party, MLA or associated entity of a party or MLA must not accept a gift in a financial year if acceptance of the gift means that the total of small anonymous gifts given to or for the benefit of the party, MLA or entity is more than $25 000 in the year; and
	(b)	a candidate at an election or associated entity of the candidate must not accept a gift in the disclosure period for the election if acceptance of the gift means that the total of small anonymous gifts given to or for the benefit of the candidate or entity is more than $25 000 in the period.
26	Section 222 (2)
omit
Subsection (1)
substitute
This section
27	Definitions for div 14.5
Section 223, definition of electoral advertisement
relocate to section 198
28	Section 223, definitions of electoral expenditure and relates
omit
29	Annual returns by parties and MLAs
Section 230 (6)
omit everything after
position as MLA on
substitute
electoral expenditure.
30	Section 231B heading
substitute
231B	Annual returns by associated entities of parties and MLAs
31	Amounts received
New section 232 (1) (c)
insert
	(c)	for each amount received—
	(i)	the date it was received; and
	(ii)	the amount.
32	Section 232 (2)
omit
33	New section 232 (3) (c)
insert
	(c)	for each amount received—
	(i)	the date it was received; and
	(ii)	the amount.
34	Section 232 (4) (c)
substitute
	(c)	the total of all amounts received by an associated entity from a particular person or organisation in a financial year for membership of the entity, if the total is less than $250.
35	Investigation notices generally
Section 237 (1), definition of prescribed person
omit everything after
required
substitute
to—
	(a)	make a record under section 216A (Records and regular disclosure of gifts); or
	(b)	give the commissioner information under section 216A; or
	(c)	give the commissioner a return under this part in relation to an election.
36	Copies of returns to be available for public inspection
Section 243 (1)
omit
Disclosure of donations
substitute
Gifts and certain loans—records and disclosure
37	Section 243 (2)
omit
(other than a return under section 221A (Annual returns of donations))
38	Section 243 (3)
omit
section 221A or
39	New section 243A
in division 14.8, insert
243A	Commissioner must publish information given under s 216A
	(1)	This section applies if the commissioner is given information under section 216A (Records and regular disclosure of gifts).
	(2)	The commissioner must publish the information in the way the commissioner considers appropriate.
Examples—way publish information
1	on the commission website
2	in a newspaper
Note 1	The commissioner must publish the information as soon as possible (see Legislation Act, s 151B).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
40	Section 289 heading
substitute
289	Discrimination on grounds of certain gifts
41	Section 289 (1)
omit
donation
substitute
gift
42	Section 289 (2), new definition of gift
insert
gift—see section 198 (Definitions for part 14).
43	New section 339
insert
339	Declaration of commission website
	(1)	The commissioner may declare a website to be the commission website.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
44	New part 31
insert
Part 31	Transitional—Electoral (Election Finance Reform) Amendment Act 2011
505	Transitional—annual returns
	(1)	This section applies to a return given to the commissioner by the reporting agent of a party or MLA under section 230 (Annual returns by parties and MLAs) for the financial year ending on 30 June 2012.
	(2)	Section 230 as in force immediately before the commencement of the Electoral (Election Finance Reform) Amendment Act 2011 applies to the return in relation to an amount paid, or an outstanding amount of debts incurred, by or on behalf of the party or MLA between 1 July 2011 and 31 December 2011.
506	Expiry—pt 31
This part expires 1 year after the day it commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
45	Internally reviewable decisions
Schedule 5, new items 10A and 10B
insert
10A	215I (1) (a)	refuse to pay payment for administrative expenditure 	reporting agent of party or non-party MLA	
10B	215I (1) (a)	pay part only of payment for administrative expenditure claimed	reporting agent of party or non-party MLA	
46	Dictionary, note 2
insert
·	quarter
47	Dictionary, new definitions
insert
administrative expenditure, for a party or non-party MLA, for division 14.3A (Administrative expenditure funding)—see section 215B.
anonymously, for division 14.4 (Gifts and certain loans—records and disclosure)—see section 216.
capped expenditure period, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198. 
48	Dictionary, definition of defined details
omit
Disclosure of donations
substitute
Gifts and certain loans—records and disclosure
49	Dictionary, definitions of electoral advertisement and electoral expenditure
substitute
electoral advertisement, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
electoral expenditure, for an election, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
50	Dictionary, new definitions
insert
expenditure cap, for a capped expenditure period for an election, for division 14.2A (Limitations on election expenditure)—see section 205A.
incurs, electoral expenditure, for division 14.2A (Limitations on election expenditure)—see section 202A.
non-party candidate grouping, for a candidate who is not a party candidate, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
non-party MLA, for division 14.3A (Administrative expenditure funding)—see section 215A.
party grouping, for a party, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
party MLA, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
relevant person, for a third-party campaigner, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
small anonymous gift, for division 14.4 (Gifts and certain loans—records and disclosure)—see section 216.
third-party campaigner, for part 14 (Election funding, expenditure, records and financial disclosure)—see section 198.
51	Further amendments, mentions of Election funding and financial disclosure
omit
Election funding and financial disclosure
substitute
Election funding, expenditure, records and financial disclosure
in
·	dictionary, definition of amount
·	dictionary, definition of associated entity
·	dictionary, definition of disclosure period
·	dictionary, definition of disposition of property
·	dictionary, definition of eligible vote
·	dictionary, definition of entity
·	dictionary, definition of financial controller
·	dictionary, definition of gift
·	dictionary, definition of party
·	dictionary, definition of property
·	dictionary, definition of register
·	dictionary, definition of registered industrial organisation
·	dictionary, definition of reporting agent

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Electoral Regulation 1993
[1.1]	Section 6
omit
Part 1.2	Referendum (Machinery Provisions) Act 1994
[1.2]	Schedule 1, part 1.3, heading
substitute
Part 1.3	Modifications of part 14—election funding, expenditure, records and financial disclosure
[1.3]	Schedule 1, modification 1.13
substitute
[1.13]	Section 220
substitute
220	Disclosure of gifts by person incurring certain expenditure
	(1)	This section applies if a person—
	(a)	incurs expenditure for a referendum in the disclosure period for the referendum; and
	(b)	receives from someone else 1 or more gifts—
	(i)	all or part of which is used by the person to—
	(A)	enable the person to incur expenditure for the referendum in the disclosure period; or
	(B)	reimburse the person for incurring expenditure for the referendum in the disclosure period; and
	(ii)	the total amount of which is $1 000 or more.
	(2)	Within 15 weeks after polling day for the referendum, the person must give the commissioner a return for the gift or gifts.
Note 1	If a form is approved under s 340A for this provision, the form must be used.
Note 2	For how a return may be given, see the Legislation Act, pt 19.5.
	(3)	The return must state, for each gift mentioned in subsection (1)—
	(a)	the date the gift is received; and
	(b)	the amount of the gift; and
	(c)	for a gift other than a small anonymous gift—the defined details for the gift; and
	(d)	for a small anonymous gift—that the gift is made anonymously.
	(4)	However, subsection (1) does not apply to a person if the amount of expenditure incurred by the person for the referendum in the disclosure period is less than $1 000.
	(5)	In this section:
expenditure, for a referendum, means expenditure incurred on—
	(a)	publishing any matter that is intended to or is likely to affect voting in the referendum; or
	(b)	otherwise publishing a view on an issue in an election; or
	(c)	making a gift to a person on the understanding that the person or someone else will apply, either directly or indirectly, the whole or part of the gift in a way mentioned in paragraph (a) or (b).
[1.4]	Schedule 1, modifications 1.14 and 1.15
omit
[1.5]	Schedule1, modification 1.32
omit
donation
substitute
gift

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011