a person or entity registered as a significant third party under section 287L is required to be registered as a significant third party under section 287F; or

an entity registered as an associated entity under section 287L is required to be registered as an associated entity under section 287H.

begins on the day a writ for a Senate election or House of Representatives election is issued; and

ends on the day the writ is returned.

give a written notice to the financial controller of a person or entity that is registered as a significant third party under section 287L requesting specified information in relation to the requirements for the person or entity to be registered as a significant third party under section 287F; or

give a written notice to the financial controller of an entity that is registered as an associated entity under section 287L requesting specified information in relation to the requirements for the entity to be registered as an associated entity under section 287H.

the person or entity is registered as a significant third party under section 287L and included on the Transparency Register; and

the Electoral Commissioner is satisfied, on reasonable grounds, that the person or entity is not required under section 287F to be registered as a significant third party.

the entity is registered as an associated entity under section 287L and included on the Transparency Register; and

the Electoral Commissioner is satisfied, on reasonable grounds, that the entity is not required under section 287H to be registered as an associated entity.

a decision under this section to deregister a person or entity as a significant third party, or as an associated entity, were a reviewable decision; and

references to a person included references to a significant third party or an associated entity.

candidates; and

members of the House of Representatives, Senators, registered political parties, State branches, significant third parties, associated entities, nominated entities and third parties.

the cash rate target published by the Reserve Bank of Australia that is in effect on the day the loan is made; or

if the Reserve Bank no longer publishes an interest rate called the cash rate target—the interest rate published by the Reserve Bank that is substantively the same as the cash rate target and is in effect on the day the loan is made.

(a) an ADI (within the meaning of the Banking Act 1959); or

a bank; or

a building society; or

a credit union.

the majority of the entity’s income is payments made by the members, branches or affiliates (however described) of the entity;

none of the members, branches or affiliates (however described) of the entity is a natural person except:

an officeholder of the entity who is a non-financial member, branch or affiliate of the entity; or

a person who is a non-financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or

an honorary non-financial member, branch or affiliate of the entity;

the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;

the majority of the entity’s income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;

the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.

the amount of electoral expenditure incurred by or with the authority of the person or entity during the year as at that time is more than the third party threshold; and

at that time in the year, the person or entity:

is not required to be registered as a significant third party under section 287F or as an associated entity under section 287H for the year; and

is not so registered under section 287L; and

the person or entity is not a nominated entity at that time in the year.

a significant third party; and

an associated entity;

begins to be a candidate in an election on the earliest of the following days:

the day the person announced that the person would be a candidate in the election;

the day the person nominated as a candidate in the election;

the day the person receives a gift for a federal purpose in relation to the person’s campaign as a candidate that exceeds the disclosure threshold;

the day that the total amount or value of all gifts for a federal purpose received by the person in relation to the person’s campaign as a candidate, from the same person or entity, exceeds the disclosure threshold;

the day the person incurs electoral expenditure for the purposes of the person’s campaign as a candidate that exceeds the disclosure threshold; and

ceases to be a candidate in an election at the end of 7 days after the polling day in the election.

an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function that forms part of the net proceeds of the venture or function (see also section 302CH);

uncharged interest on a loan to a person or entity, being the additional amount that would have been payable by the person or entity if:

the loan had been made on terms requiring the payment of interest at a commercial interest rate; and

any interest payable had not been waived; and

any interest payments were not capitalised.

a subscription paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person or entity in respect of the person or entity’s membership of the party, branch or division;

a subscription paid to an associated entity by a person or entity in respect of the person or entity’s membership of the associated entity;

an amount paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person or entity in respect of the person or entity’s affiliation with the party, branch or division;

an amount paid to an associated entity by a person or entity in respect of the person or entity’s affiliation with the associated entity;

an amount paid by a political party to another political party, if:

the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and

the other is a federal branch;

an annual levy paid to a registered political party or a State branch of a political party by:

a person elected as a member of the House of Representatives or as a Senator; or

a member of staff of a person elected as a member of the House of Representatives or as a Senator; or

an employee or elected official of the political party;

a disposition of property (including the provision of a service) made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;

a loan made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;

an amount of uncharged interest on a loan, as mentioned in paragraph (2)(b) of this subsection, if the loan was made by a core member of a registered political party’s expenditure group to another core member of the expenditure group;

a disposition of property (including the provision of a service) made by:

a State branch of an associated entity to another State branch of the associated entity; or

a State branch of an associated entity to a federal branch of the associated entity (or vice versa);

a payment under Division 3 (election funding) or Division 3AA (administrative assistance funding);

(j) a grant of financial assistance made by the Commonwealth;

any visit, experience or activity provided for the purposes of a political exchange program;

the provision of labour by a person acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);

the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between:

core members of a registered political party’s expenditure group; or

an associated entity and any branch of the associated entity; or

an associated entity and core members of a registered political party’s expenditure group, if the core members of the group include a registered political party with which the entity is associated;

the provision of labour (including the provision of an asset or piece of equipment to be used by a person in providing the labour, the asset or piece of equipment) shared between 2 political parties if:

the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and

the other is a federal branch;

the provision, by an associated entity, of office accommodation, an asset or a piece of equipment for the purposes of a campaign in an election, to a core member of a registered political party’s expenditure group, if the core members of the group include a registered political party with which the entity is associated;

the provision, by a political party to another political party, of office accommodation, an asset or a piece of equipment for the purposes of a campaign in an election, if:

the parties are related to each other within the meaning of paragraph 123(2)(a) because one party is a part of the other (while not being a State branch of the other); and

the other is a federal branch;

a bequest;

except as provided by paragraph (2)(b):

a loan made by a financial institution; or

a loan made by a person or entity at a commercial interest rate;

electoral expenditure incurred by a person or entity for the benefit of another person or entity;

an amount of salary or allowance paid to a member of the Parliament, or a member of the staff of a member of the Parliament, including an amount of salary, remuneration, allowance or expenses payable under:

the Constitution; or

(ii) the Parliamentary Business Resources Act 2017; or

(iii) an agreement for employment or engagement referred to in the Members of Parliament (Staff) Act 1984;

a gift made to a person who is a candidate, a member of the House of Representatives or a Senator if:

the gift is made in a private capacity to the person for the person’s personal use; and

the person has not used, and does not intend to use, the gift solely or substantially for a purpose related to an election or a by-election;

a gift to a person or entity for a State or Territory electoral purpose that is not paid into a federal account;

(w) a gift received by, or on behalf of, a person or entity registered under the Australian Charities and Not-for-profits Commission Act 2012 if:

the gift was not made for a federal purpose; and

the gift was not made for the purpose of reimbursing the person or entity for incurring electoral expenditure or for creating or communicating electoral matter;

an amount paid by a person as a contribution, entry fee or other payment to attend, or otherwise obtain a benefit from, a fundraising venture or function that does not form part of the net proceeds of the venture or function.

a subscription paid to the significant third party, associated entity or third party by a person or entity in respect of the person or entity’s membership of the significant third party, associated entity or third party;

an amount paid to the significant third party, associated entity or third party by a person or entity in respect of the person or entity’s affiliation with the significant third party, associated entity or third party;

an annual levy paid to the significant third party, associated entity or third party by an elected official or employee of the significant third party, associated entity or third party.

expenditure on electoral matter in the form of advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards or any other form;

expenditure on the production and distribution of electoral matter;

expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter;

expenditure incurred in employing staff engaged in an election campaign;

expenditure incurred for office accommodation for any such staff and candidates;

expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign;

expenditure on research associated with an election campaign (other than in-house research);

expenditure incurred in raising funds for an election;

expenditure of a kind prescribed by the regulations.

in providing a communication service or communication platform that is used to create or communicate electoral matter; or

in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.

expenditure that is a gift to which Subdivision AA of Division 3A applies;

a disposition of property made by a member of a registered political party’s expenditure group to another member of the expenditure group;

a disposition of property made by a political party to a political party to which it is related within the meaning of subsection 123(2);

expenditure to the extent that it is administrative expenditure;

expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity;

expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1));

expenditure of a kind prescribed by the regulations.

during that calendar year is more than the third party threshold; and

be in an approved form; and

without limiting paragraph (a):

state the name of the financial controller nominated for the entity; and

include the entity’s consent to being registered as the nominated entity of the party, as mentioned in subsection (3); and

include any other information required by the regulations.

the entity is incorporated in Australia; and

the entity has its head office and principal place of activity in Australia; and

the entity operates wholly, or to a significant extent, for the benefit of one or more registered political parties including the registered political party; and

the entity is not a political entity; and

the entity has given consent in accordance with subsection 287MA(3) to being registered as the nominated entity of the party; and

no other entity is registered as the nominated entity of the party; and

the entity is not registered as the nominated entity of any other registered political party.

the entity is not eligible to be so registered (see subsection 287MB(1)); or

the Electoral Commission would be required to refuse registration under subsection 129(1) (except paragraph 129(1)(a)) assuming that:

the entity were applying to be registered as a political party; and

a reference in subsection 129(1) to “the party” were a reference to the entity; and

(iii) both the registered political party (the applicant party) that made the application under section 287MA and any other political party related to the applicant party were related to the entity; or

the Electoral Commission would be required to refuse registration under subsection 129(3) (except subparagraph 129(3)(a)(ii)) assuming that:

the entity were applying to be registered as a political party; and

a reference in subsection 129(3) to “the applicant party” or “the applicant party’s” were a reference to the entity.

the decision were a reviewable decision; and

a reference to a person included a reference to the party and the entity; and

a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and

a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and

a reference to a written notice given under Part XI in relation to a reviewable decision included a reference to a written notice given under this section in relation to a decision to refuse registration.

the party is no longer a registered political party; or

the entity has ceased to be eligible for such registration under paragraph 287MB(1)(a), (b), (c), or (d); or

the agent of the party, or the financial controller of the entity, have been convicted of an offence under this Part.

the decision were a reviewable decision; and

a reference to a person included a reference to the party and the entity; and

a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and

a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and

a reference to a written notice given under Part XI in relation to a reviewable decision included a reference to a written notice given under this section in relation to a decision to cancel registration.

comes into force when the Electoral Commissioner records the registration in the Transparency Register under section 287N; and

ceases to be in force when the Commissioner removes that record of the registration in the Transparency Register under section 287N.

each entity registered as the nominated entity of a registered political party under section 287MC; and

for each nominated entity—the name of the registered political party for which the entity is registered as the nominated entity; and

for a nomination of a financial controller of a significant third party, associated entity or nominated entity—by the party or entity nominating the financial controller;

a nominated entity; or

a nominated entity (within the meaning of Part XX);

members of the House of Representatives and Senators;

candidates in elections or by-elections;

registered political parties;

State branches of registered political parties;

significant third parties, associated entities, third parties and nominated entities.

gifts made for a federal purpose; or

certain other gifts;

beginning on the Saturday that immediately precedes the polling day for the election or by-election; and

ending at the end of the seventh day after that polling day.

the relevant gift is made to the recipient for a federal purpose; and

either or both of the following apply:

the amount or value of the relevant gift is more than the disclosure threshold;

the total amount or value of all gifts received by the recipient, during the calendar year in which the relevant gift is received, from the person or entity who made the relevant gift is more than the disclosure threshold.

60 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.

be in the approved form; and

set out the details required by section 303B (content of donation disclosure notices).

(a) a recipient (other than a recipient covered by column 1 of item 6 of the table in subsection (2)) receives a gift before the start of the election period in relation to:

an election; or

if the recipient is covered by subsection (9) in relation to the by-election—a by-election; and

at the time the election period starts, the responsible person for the recipient has not given the Electoral Commission a notice under subsection (1) in relation to the gift;

the 21st day of the calendar month that immediately follows the calendar month in which the gift is received;

the day before the day that is 12 days before polling day for the election or by-election (as the case requires).

after the start of the election period in relation to:

an election; or

if the recipient is covered by subsection (9) in relation to the gift—a by-election; and

before the Thursday that immediately precedes the polling day for the election or by-election;

the 21st day of the calendar month that immediately follows the calendar month in which the gift is received;

the Thursday mentioned in paragraph (b).

the recipient is a candidate in the by-election; or

the recipient is a registered political party, and a candidate in the by-election is endorsed by the recipient; or

the recipient is a significant third party, an associated entity, a third party, a nominated entity or a State branch of a registered political party, and the recipient has incurred, or intends to incur, electoral expenditure in relation to the by-election.

the recipient of the gift is covered by column 2 of more than one item in the table in that subsection; and

a person or entity covered by column 1 of any one of those items has already given a notice under that subsection in relation to the gift.

the name of the recipient;

the amount or value of the gift;

(c) the date on which the gift was received;

if the gift was made during the election period for a by-election or a Senate-only election and was for the purposes of the by-election or the Senate-only election—the name of the Division or the State or Territory (as applicable) to which the election relates;

(e) if the person or entity who made the gift (the donor) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:

the name of the association; and

the names and addresses of the members of the executive committee (however described) of the association;

if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:

the names and addresses of the trustees of the fund or of the foundation; and

the title or other description of the trust fund, or the name of the foundation, as the case requires;

if the donor is not covered by paragraph (e) or (f)—the name and address of the donor;

if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift is received is more than the disclosure threshold—the total amount or value of all gifts so far received by the recipient from the donor during the calendar year;

if the recipient is a candidate in an election or by-election, a registered political party or a State branch of a registered political party—the name of the responsible person for the recipient;

if the recipient is a candidate in an election or by-election, a member of the House of Representatives or a Senator—the registered political party (if any) that the recipient is related to (within the meaning of subsections 302BA(4) and (5));

if the recipient is a person or entity that is registered as a significant third party, an associated entity or a nominated entity at the time the gift is received—the name of the financial controller in relation to the person or entity;

if the person giving the donation disclosure notice to the Electoral Commission is not the recipient—the name of the person.

(a) the relevant gift is made by the donor to a person or entity (the recipient) covered by an item in the table at the end of this subsection; and

(b) the relevant gift is made to the recipient for a federal purpose; and

either or both of the following apply:

the amount or value of the relevant gift is more than the disclosure threshold;

the total amount or value of all gifts made to the recipient by the donor during the calendar year in which the relevant gift is made is more than the disclosure threshold.

60 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.

be in the approved form; and

set out the details required by subsection 303F(1) (content of donation disclosure notices).

(a) if the person or entity who made the gift (the donor) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:

the name of the association; and

the names and addresses of the members of the executive committee (however described) of the association;

if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:

the names and addresses of the trustees of the fund or of the foundation; and

the title or other description of the trust fund, or the name of the foundation, as the case requires;

if the donor is not covered by paragraph (a) or (b)—the name and address of the donor;

(d) the name of the person or entity (the recipient) to whom the donor made the gift;

the amount or value of the gift;

the date on which the gift was made;

if the gift was made during the election period for a by-election or a Senate-only election and was for the purposes of the by-election or the Senate-only election—the name of the Division or the State or Territory (as applicable) to which the election relates;

if the total amount or value of all gifts made by the donor to the recipient during the calendar year in which the gift is made is more than the disclosure threshold—the total amount or value of all gifts so far made by the donor to the recipient during the calendar year;

(i) the relevant details set out in subsection (2) of this section of any other gift (an earlier gift) received by the donor at any time if:

the earlier gift was used wholly or partly to enable the donor to make the gift, or reimburse the donor for the gift, to which the donation disclosure notice relates; and

the amount or value of the earlier gift is more than the disclosure threshold.

the amount or value of the earlier gift; and

the date on which the earlier gift was made; and

in the case of an earlier gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation:

the name of the association; and

the names and addresses of the members of the executive committee (however described) of the association; and

in the case of an earlier gift purportedly made out of a trust fund or out of the funds of a foundation:

the names and addresses of the trustees of the fund or of the foundation; and

the title or other description of the trust fund, or the name of the foundation, as the case requires; and

if the person or entity who made the earlier gift is not covered by paragraph (c) or (d) of this subsection—the name and address of the person or entity.

(a) the name of the person or entity (the recipient) that received the gift;

the name of the registered political party (if any) included for the purposes of paragraph 303B(j);

(c) the information (other than an address) covered by whichever of the following is applicable in relation to the person or entity (the donor) that made the gift:

for a notice given under section 303A—paragraphs 303B(e) to (g);

for a notice given under section 303E—paragraphs 303F(1)(a) to (c);

the date on which the gift was:

for a notice given under section 303A—received by the recipient; or

for a notice given under section 303E—made by the donor;

the amount or value of the gift;

(f) if the total amount or value of all gifts received by the recipient from the donor during the calendar year in which the gift was received is more than the disclosure threshold—the total amount or value of all gifts so far received.

the period of 24 hours beginning at the time the donation disclosure notice is received by the Electoral Commission if:

the gift is received by the recipient during the period beginning on the day of issue of the writ for an election and ending at the end of the seventh day after polling day for the election; or

the gift is received by the recipient during the period beginning on the day of issue of the writ for a by-election and ending at the end of the seventh day after polling day for the by-election, and the recipient is covered by subsection (3) in relation to the by-election; or

the gift is covered by subsection 303A(7) (gifts received close to the start of an election period); or

the donation disclosure notice is otherwise received by the Electoral Commission during the election period in relation to an election; or

(b) in any other case—the period of 10 days beginning on the day the donation disclosure notice is received by the Electoral Commission.

the recipient is a candidate in the by-election; or

the recipient is a registered political party, and a candidate in the by-election is endorsed by the recipient; or

the recipient is a significant third party, an associated entity, a nominated entity, a third party or a State branch of a registered political party and, in the opinion of the Electoral Commissioner, the recipient has incurred, or intends to incur, electoral expenditure in relation to the by-election.

acceptable recipient action, or action that would be acceptable recipient action if the gift had exceeded the annual gift cap for a calendar year; or

acceptable donor action, or action that would be acceptable donor action if the gift had exceeded the annual gift cap for a calendar year; or

acceptable action;

a statement that the recipient has advised the Electoral Commissioner that acceptable recipient action, acceptable donor action or acceptable action (as the case requires) has been taken in relation to the gift;

such other information (if any) prescribed by regulations made for the purposes of this paragraph.

the relevant gift is credited to a federal account in relation to the recipient; and

subsection 287AAB(4) applies to the relevant gift; and

either or both of the following apply:

the amount or value of the relevant gift is more than the disclosure threshold;

the total amount or value of all gifts credited in relation to the recipient, during the calendar year in which the relevant gift is credited, is more than the disclosure threshold.

60 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the relevant gift—3 times that amount or value.

be in the approved form; and

set out the details required by section 303M (content of donation disclosure notices).

a gift is credited in relation to a recipient (other than a recipient covered by column 1 of item 2 of the table in subsection (2)) before the start of the election period in relation to:

an election; or

a by-election, if the recipient is covered by subsection (6) in relation to the by-election; and

at the time the election period starts, the responsible person for the recipient has not given the Electoral Commission a notice under subsection (1) in relation to the gift;

the 21st day of the calendar month that immediately follows the calendar month in which the gift is credited;

the day before the day that is 12 days before polling day for the election or by-election (as the case requires).

after the start of the election period in relation to:

an election; or

a by-election, if the recipient is covered by subsection (6) in relation to the by-election; and

before the Thursday that immediately precedes the polling day for the election or by-election;

the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is credited;

the Thursday mentioned in paragraph (b).

is a significant third party, an associated entity or a third party; and

has incurred, or intends to incur, electoral expenditure in relation to the by-election.

the recipient of the gift is covered by column 1 of more than one item in the table in that subsection; and

a person or entity covered by column 2 of any one of those items has already given a notice under that subsection in relation to the gift.

(a) the name of the person or entity (the recipient) in relation to whom the gift is credited;

the amount or value of the gift;

(c) the date on which the gift was credited to the federal account;

the number of memberships, subscriptions or other persons in respect of whom the gift was paid;

if the total amount or value of all gifts credited in relation to the recipient during the calendar year in which the gift is credited is more than the disclosure threshold—the total amount or value of all gifts so far credited in relation to the recipient during the calendar year;

if the federal account is not in the name of the person who gave the donation disclosure notice—the name of that person.

(a) the name of the person or entity (the recipient) in relation to whom the gift was credited;

the date on which the gift was credited;

the amount of the gift;

if the total amount or value of all gifts to which that subsection applies credited in relation to the recipient during the calendar year in which the gift was credited is more than the disclosure threshold—the total amount or value of all gifts so far credited.

the period of 24 hours beginning at the time the donation disclosure notice is received by the Electoral Commission, if:

the gift is credited in relation to the recipient during the period beginning on the day of issue of the writ for an election and ending at the end of the seventh day after polling day for the election; or

the gift is credited in relation to the recipient during the period beginning on the day of issue of the writ for a by-election and ending at the end of the seventh day after polling day for the by-election, and the recipient is covered by subsection (3) in relation to the by-election; or

the gift is covered by subsection 303L(4) (gifts credited close to the start of an election period); or

the donation disclosure notice is otherwise received by the Electoral Commission during the election period in relation to an election; or

(b) in any other case—the period of 10 days beginning on the day the donation disclosure notice is received by the Electoral Commission.

a statement that the recipient has advised the Electoral Commissioner that acceptable action has been taken in relation to the gift;

such other information (if any) prescribed by regulations made for the purposes of this paragraph.

if the record relates to a donation disclosure notice in relation to a gift—5 years after the day the gift is made; and

if that time occurs in a calendar year—a person or entity who:

made a gift at a time in that calendar year that occurs before the particular time; and

was required to give the Electoral Commission a notice under section 303E in relation to the making of the gift.

starting on the day that is 6 months before the writ for a referendum is issued; and

ending at the end of the seventh day after the voting day for the referendum.

(a) the recipient receives the gift from another person or entity (the donor) during the referendum gift period; and

either or both of the following apply:

the amount or value of the gift is more than the disclosure threshold;

the total amount or value of all gifts received by the recipient from the donor during the referendum gift period is more than the disclosure threshold; and

either or both of the following apply:

the recipient knows that the donor intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter;

the recipient accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.

60 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift mentioned in paragraph (a)—3 times that amount or value.

if the recipient receives the gift during the period:

beginning on the Saturday that immediately precedes voting day for the referendum; and

ending at the end of the seventh day after voting day for the referendum;

if the recipient receives the gift during the referendum period for the referendum and paragraph (a) does not apply—7 days beginning on the later of the following:

the day the gift is received;

the day the recipient becomes a referendum entity for the referendum expenditure period; or

if paragraphs (a) and (b) do not apply—7 days beginning on the later of the following:

the day the writ for the referendum is issued;

the day the recipient becomes a referendum entity for the referendum expenditure period.

(a) the name of the person or entity (the recipient) who received the gift;

the amount or value of the gift;

(c) the date on which the gift was received;

(d) if the person or entity who made the gift (the donor) made the gift on behalf of the members of an unincorporated association, other than a registered industrial organisation:

the name of the association; and

the names and addresses of the members of the executive committee (however described) of the association;

if the donor is the trustee of a trust and the gift was purportedly made out of a trust fund or out of the funds of a foundation:

the names and addresses of the trustees of the fund or of the foundation; and

the title or other description of the trust fund, or the name of the foundation, as the case requires;

if the donor is not covered by paragraph (d) or (e)—the name and address of the donor;

if the total amount or value of all gifts received by the recipient from the donor during the referendum gift period in which the gift is received is more than the disclosure threshold—the total amount or value of all gifts so far received by the recipient from the donor during the referendum gift period.

(a) the name of the person or entity (the recipient) that received the gift;

the date on which the gift was received by the recipient;

(c) the information (other than an address) covered by whichever of paragraphs 109GB(d) to (f) is applicable in relation to the person or entity (the donor) that made the gift;

the amount or value of the gift;

(e) if the total amount or value of all gifts received by the recipient from the donor during the referendum gift period in which the gift was received is more than the disclosure threshold—the total amount or value of all gifts so far received.

records allowing the person to provide an accurate donation disclosure notice under section 109GA;

if that time occurs in a calendar year—a person or entity who:

made a gift at a time in that calendar year that occurs before the particular time; and

was required to give the Electoral Commission a notice under section 303E of that Act in relation to the making of the gift;

the gift; or

an amount equal to the amount or value by which the gift exceeds the applicable gift cap.

the gift, or an amount equal to the amount or value by which the gift exceeds the applicable gift cap, is returned by, or on behalf of, the recipient to the donor; or

an amount equal to the amount or value of the gift, or the amount or value by which the gift exceeds the applicable gift cap, is transferred by, or on behalf of, the recipient to the Commonwealth, for the purposes of this Division.

the amount or value of the gift is more than the annual gift cap for the calendar year in which the gift is made; or

the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) that was made:

to the same person or entity; and

by, or on behalf of, the same donor; and

in the same calendar year;

the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) that was made:

to the registered political party or any person or entity related to the registered political party; and

by, or on behalf of, the same donor; and

in the same calendar year;

the amount or value of the gift is more than the by-election gift cap; or

the amount or value of the gift, when added to the amount or value of each previous by-election gift (if any) that was made:

to the same person or entity; and

by, or on behalf of, the same donor; and

during the election period for the same by-election;

the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous by-election gift (if any) that was made:

to the registered political party or any person or entity related to the registered political party; and

by, or on behalf of, the same donor; and

during the election period for the same by-election;

the amount or value of the gift is more than the Senate-only election gift cap; or

the amount or value of the gift, when added to the amount or value of each previous Senate-only election gift (if any) that was made:

to the same person or entity; and

by, or on behalf of, the same donor; and

during the election period for the same Senate-only election;

the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous Senate-only election gift (if any) that was made:

to the registered political party or any person or entity related to the registered political party; and

by, or on behalf of, the same donor; and

during the election period for the same Senate-only election;

a member of the House of Representatives who is a member of the registered political party;

a Senator who is a member of the registered political party;

a candidate who is endorsed by the registered political party;

the nominated entity (if any) registered as the registered political party’s nominated entity, as set out in the Transparency Register at the time the relevant gift is made.

if the person is a candidate—the registered political party that endorses the person; or

if the person is a member of the House of Representatives or a Senator who is not a candidate:

the registered political party that endorsed the person as a candidate in the election that most recently resulted in the person becoming a member of the House of Representatives or a Senator; or

if the person is a Senator who became a Senator other than as a result of an election—the registered political party that endorsed the person’s predecessor as a candidate for election to the Senate; or

in any case, if the person has given the Electoral Commission a written notice in the approved form specifying another of the registered political parties—the registered political party most recently so specified.

to prevent Australian elections from being unfairly skewed by organisations or individuals with large amounts of money;

to promote equal opportunity for all individuals and other entities to participate in political debate;

to secure and promote the actual and perceived integrity of the Australian electoral process by reducing the risk of persons and entities, including foreign persons and entities, exerting or being perceived to exert undue or improper influence in the outcomes of elections.

limiting the amount or value of gifts for a federal purpose a single donor can make to the same recipient within a calendar year, or during an election period for a by-election or a Senate-only election; and

restricting the receipt and use of gifts made by foreign persons or entities that do not have a legitimate connection to Australia.

a group;

an agent acting on behalf of a group.

if the group is a single-party endorsed group—the party that endorsed the candidates in the group is taken to have received the gift; and

if the group is a jointly endorsed group or none of the group’s members is a candidate endorsed by a registered political party—each member of the group is taken to have received an equal share of the gift (rounded to the nearest dollar); and

in any case—the group is taken not to have received the gift.

a registered political party;

a State branch of a registered political party;

a member of the House of Representatives;

a Senator;

a candidate;

an associated entity;

a significant third party;

a nominated entity;

a third party.

is to a person or entity referred to in any of paragraphs (1)(a) to (i); and

is for the purposes of a by-election; and

is made during the election period for the by-election.

is to a person or entity referred to in any of paragraphs (1)(a) to (i); and

is for the purposes of a Senate-only election; and

is made during the election period for the Senate-only election.

(a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

the recipient receives an annual gift; and

at the time the gift is made, the gift exceeds the annual gift cap for the calendar year in which the gift is made.

the donor makes an annual gift; and

at the time the gift is made, the gift exceeds the annual gift cap for the calendar year in which the gift is made.

at the time the annual gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the annual gift cap for the calendar year; and

acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the annual gift cap for the calendar year.

at the time the annual gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the annual gift cap for the calendar year; and

the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the annual gift cap for the calendar year.

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the annual gift exceeded the annual gift cap for the calendar year at the time the gift was made—3 times that amount or value.

(a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

the recipient receives a by-election gift; and

at the time the gift is made, the gift exceeds the by-election gift cap.

the donor makes a by-election gift; and

at the time the gift is made, the gift exceeds the by-election gift cap.

at the time the by-election gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the by-election gift cap; and

acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the by-election gift cap.

at the time the by-election gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the by-election gift cap; and

the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the by-election gift cap.

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the by-election gift exceeded the by-election gift cap at the time the gift was made—3 times that amount or value.

(a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

the recipient receives a Senate-only election gift; and

at the time the gift is made, the gift exceeds the Senate-only election gift cap.

the donor makes a Senate-only election gift; and

at the time the gift is made, the gift exceeds the Senate-only election gift cap.

at the time the Senate-only election gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the Senate-only election gift cap; and

acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the Senate-only election gift cap.

at the time the Senate-only election gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the Senate-only election gift cap; and

the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the Senate-only election gift cap.

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the Senate-only election gift exceeded the Senate-only election gift cap at the time the gift was made—3 times that amount or value.

the period ending on the day that is 30 days after the writs for the general election are returned;

the period starting immediately after that period ends.

within the meaning of paragraph 287AAB(2)(a); and

to which Subdivision AA applies.

(a) at a time in a calendar year, the donor makes an annual gift to any of the following (an overall gift cap entity):

a registered political party;

a State branch of a registered political party;

a member of the House of Representatives;

a Senator;

a candidate;

a nominated entity; and

at that time, the gift exceeds the overall gift cap for the calendar year.

the gift is made:

in the calendar year; and

by a person or entity; and

to an overall gift cap entity; and

the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) made:

in that calendar year; and

by that person or entity; and

to any overall gift cap entity;

at the time the annual gift was made, the donor did not know, and could not reasonably have been expected to know, that the gift exceeded the overall gift cap for the calendar year; and

the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the overall gift cap for the calendar year.

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the gift exceeded the overall gift cap at the time the gift was made—3 times that amount or value.

at a time in a calendar year, the donor makes an annual gift to a person or entity connected to a State or Territory (see subsection (2)); and

at that time, the gift exceeds the State and Territory gift cap for the calendar year, in relation to the State or Territory that the person or entity is connected to.

a political party that is a State branch in the State or Territory;

a member of the House of Representatives for a Division in the State or Territory;

a Senator for the State or Territory;

a candidate in a general election for a Division in the State or Territory;

a candidate in a Senate election for the State or Territory;

a nominated entity of a registered political party covered by paragraph (a).

the gift is made:

in the calendar year; and

by a person or entity; and

the amount or value of the gift, when added to the amount of value of each previous annual gift (if any) made:

in that calendar year; and

by that person or entity; and

to any person or entity connected to that State or Territory;

at the time the annual gift was made, the donor did not know, and could not reasonably have been expected to know, that the gift exceeded the State and Territory gift cap for the calendar year in relation to the State or Territory that the person or entity that received the gift is connected to; and

the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the State and Territory gift cap for the calendar year in relation to the State or Territory.

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the gift exceeded the State and Territory gift cap in relation to the State or Territory at the time the gift was made—3 times that amount or value.

the period ending on the day that is 30 days after the writs for the general election are returned;

the period starting immediately after that period ends.

the period ending on the day that is 30 days after the writs for the general election are returned;

the period starting immediately after that period ends.

section 302CD, 302CE or 302CF in relation to the gift; or

any of sections 302D to 302F in relation to the gift.

is payable by the gift recipient to the Commonwealth; and

may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.

is payable by the gift recipient to the Commonwealth; and

may be recovered by the Commonwealth as a debt due to the Commonwealth by action in a court of competent jurisdiction.

(a) the definition of annual gift cap in section 302B;

(b) the definition of by-election gift cap in section 302B;

(c) the definition of Senate-only election gift cap in section 302B;

(d) the definition of third party threshold in subsection 287(1).

are to be made using only the September quarter index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

are to be made disregarding September quarter index numbers that are published in substitution for previously published September quarter index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

are to be made using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

the scheme established by Division 3AB relating to caps on electoral expenditure; and

registered political parties and State branches of registered political parties;

candidates;

members of the House of Representatives;

Senators;

significant third parties;

associated entities;

nominated entities;

third parties.

to prevent Australian elections from being unfairly skewed by organisations or individuals with large amounts of money;

to promote equal opportunity for all individuals and other entities to participate in political debate.

limiting the amount of electoral expenditure that can be incurred each calendar year, both federally and in relation to Divisions, States and Territories; and

limiting the amount of electoral expenditure that can be incurred for the purposes of a by-election or a Senate-only election.

beginning on the day the writs for the by-election are issued; and

ending on the polling day for the by-election.

a significant third party; or

an associated entity; or

a third party.

a candidate for election to the House of Representatives, for a Division, at any time while the candidate is not endorsed by a registered political party; or

a member of the House of Representatives, for a Division, at any time while the member is not a member of a registered political party.

a candidate for election to the Senate, for a State or Territory, at any time while the candidate is not endorsed by a registered political party; or

a Senator, for a State or Territory, at any time while the Senator is not a member of a registered political party.

multiplying the Senate base amount by the number of Divisions in the State or Territory; and

dividing the result of paragraph (a) by:

for a State—6; or

for a Territory—2.

for a registered political party other than a State branch—the registered officer of the party; or

for a State branch of a registered political party—whichever of the following applies:

if the State branch is a registered political party—the registered officer of the State branch;

otherwise—the agent of the State branch; or

for a political party not covered by paragraph (a) or (b)—the agent of the political party; or

for a candidate:

if the candidate is endorsed by a registered political party—the registered officer of the registered political party; or

otherwise—the agent of the candidate; or

for a member of the House of Representatives or a Senator—whichever of the following applies:

if the member or Senator is a member of a registered political party—the registered officer of the registered political party;

otherwise—the member or Senator; or

for a nominated entity—the financial controller of the nominated entity.

beginning on the day the writs for the election are issued; and

ending on the polling day for the election.

a group for a Senate election;

an agent acting on behalf of a group in a Senate election.

if the group is a single-party endorsed group—the registered political party that endorsed the candidates in the group is taken to have incurred the expenditure; and

if the group is a jointly endorsed group—each registered political party that endorsed one or more candidates in the group is taken to have incurred a share of the expenditure (rounded to the nearest dollar) proportionate to the number of candidates the party has endorsed; and

if none of the group’s members is a candidate endorsed by a registered political party—each member of the group is taken to have incurred an equal share of the expenditure (rounded to the nearest dollar); and

in any case—the group is taken not to have incurred any of the expenditure.

the expenditure is incurred for the dominant purpose of creating or communicating electoral matter; and

the electoral matter is express coverage matter (see subsection (3)) for the Division, State or Territory; and

either:

for a Division—the electoral matter is not mainly communicated to electors enrolled outside Divisions for which it is express coverage matter; or

for a State or Territory—the electoral matter is not mainly communicated to electors enrolled outside States and Territories for which it is express coverage matter.

unless paragraph (b) applies—the amount of the expenditure; or

if the electoral matter to which the expenditure relates is express coverage matter for more than one Division, State or Territory—that share of the expenditure that the liable person or financial controller for the person or entity is reasonably satisfied reflects the distribution of the electoral matter in the Division, State or Territory.

is communicated to electors enrolled in the Division, State or Territory; and

does either or both of the following:

expressly mentions the name, or includes an image or likeness of, a candidate for election to the House of Representatives for the Division or the Senate for the State or Territory;

expressly mentions the Division or a Senate election for the State or Territory.

the electoral matter to which the expenditure relates is a how-to-vote card; and

(b) if the electoral matter contains matter additional to matter that satisfies paragraph (a), (b) or (c) of the definition of how-to-vote card—the dominant purpose of the matter is to convey matter that satisfies paragraph (a), (b) or (c) of the definition of how-to-vote card.

in the by-election period for a by-election and for the purposes of the by-election; or

in the Senate-only election period for a Senate-only election and for the purposes of the Senate-only election.

the expenditure of the amount is cancelled or reversed; or

the recipient of the amount repays an equivalent amount to the person or entity that incurred the particular expenditure; or

in relation to a cap mentioned in Subdivision C—the member of the expenditure group that incurred the expenditure, or another member of that group, transfers an equivalent amount to the Commonwealth for the purposes of this Division; or

in relation to a cap mentioned in Subdivision D, E or F—the person or entity that incurred the expenditure transfers an equivalent amount to the Commonwealth for the purposes of this Division.

(a) the following core members:

the group owner;

any State branch of the group owner;

any candidate endorsed by a registered political party covered by subparagraph (i) or (ii);

any member of the House of Representatives or Senator who is a member of a registered political party covered by subparagraph (i) or (ii);

any nominated entity of a registered political party covered by subparagraph (i) or (ii); and

any registered political party that, while not being a State branch of the group owner, is related to the group owner within the meaning of paragraph 123(2)(a) because it is part of the group owner; and

any candidate endorsed by a registered political party covered by paragraph (b) of this subsection; and

any member of the House of Representatives or Senator who is a member of a registered political party covered by paragraph (b) of this subsection; and

any nominated entity of a registered political party covered by paragraph (b) of this subsection.

the person is the liable person for a member of a registered political party’s expenditure group; and

at a time in a calendar year, the member incurs particular electoral expenditure; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by members of the expenditure group exceeds the Federal cap.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Federal cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the liable person for a member of a registered political party’s expenditure group; and

at a time in a calendar year, the member incurs particular electoral expenditure targeted to a Division; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the Division, by members of the expenditure group, exceeds the Divisional cap.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Divisional cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the liable person for a member of a registered political party’s expenditure group; and

at a time in a calendar year, the member incurs particular electoral expenditure targeted to a State or Territory; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the State or Territory, by members of the expenditure group, exceeds the Senate cap for the State or Territory.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the liable person for a member of a registered political party’s expenditure group; and

at a time in the by-election period for a by-election, the member incurs particular electoral expenditure for the purposes of the by-election; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the by-election period for the purposes of the by-election, by members of the expenditure group, exceeds the by-election cap for the by-election.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the by-election cap for the by-election—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the liable person for a member of a registered political party’s expenditure group; and

at a time in the Senate-only election period for a Senate-only election in a State or Territory, the member incurs particular electoral expenditure for the purposes of the election in the State or Territory; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate-only election period for the purposes of the election in the State or Territory, by members of the expenditure group, exceeds the Senate-only election cap for the election in the State or Territory.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Senate-only election cap for the election in the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

at a time in a calendar year, the person:

is an Independent House candidate or member for a Division; and

incurs particular electoral expenditure; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the person, while the person is an Independent House candidate or member for the Division, exceeds the Independent House of Representatives cap.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent House of Representatives cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

at a time in the by-election period for a by-election for a Division, the person:

is an Independent House candidate or member for the Division; and

incurs particular electoral expenditure for the purposes of the by-election; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the by-election period for the purposes of the by-election by the person, while the person is an Independent House candidate or member for the Division, exceeds the Independent House of Representatives by-election cap for the by-election.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent House of Representatives by-election cap for the by-election—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

at a time in a calendar year, the person:

is an Independent Senate candidate or Senator for a State or Territory; and

incurs particular electoral expenditure; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the person, while the person is an Independent Senate candidate or Senator for the State or Territory, exceeds the Independent Senate cap for the State or Territory.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

at a time in the Senate-only election period for a Senate-only election in a State or Territory, the person:

is an Independent Senate candidate or Senator for a State or Territory; and

incurs particular electoral expenditure for the purposes of the election in the State or Territory; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate-only election period for the purposes of the election by the person, while the person is an Independent Senate candidate or Senator, exceeds the Senate-only election Independent Senate cap for the State or Territory.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Senate-only election Independent Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the financial controller of an entity; and

at a time in a calendar year, the entity:

is a capped expenditure entity; and

incurs particular electoral expenditure; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the entity exceeds the capped entity cap.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the financial controller of an entity; and

at a time in a calendar year, the entity:

is a capped expenditure entity; and

incurs particular electoral expenditure targeted to a Division; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the Division by the entity exceeds the capped entity Divisional cap.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Divisional cap—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the financial controller of an entity; and

at a time in a calendar year, the entity:

is a capped expenditure entity; and

incurs particular electoral expenditure targeted to a State or Territory; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the State or Territory by the entity exceeds the capped entity Senate cap for the State or Territory.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Senate cap for the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the financial controller of an entity; and

at a time in the by-election period for a by-election, the entity:

is a capped expenditure entity; and

incurs particular electoral expenditure for the purposes of the by-election; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the by-election period for the purposes of the by-election, by the entity, exceeds the capped entity by-election cap for the by-election.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity by-election cap for the by-election—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

the person is the financial controller of an entity; and

at a time in the Senate-only election period for a Senate-only election in a State or Territory, the entity:

is a capped expenditure entity; and

incurs particular electoral expenditure for the purposes of the election in the State or Territory; and

as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate-only election period for the purposes of the election, by the entity, exceeds the capped entity Senate-only election cap for the election in the State or Territory.

unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or

if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Senate-only election cap for the election in the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.

1,000 penalty units;

3 times the excess amount of the particular expenditure.

a reference to electoral expenditure incurred by the entity in the period includes electoral expenditure incurred by the entity before that time; and

any electoral expenditure incurred by the entity before that time is taken to have been incurred at the time the entity started to be a capped expenditure entity.

at the time the particular expenditure was incurred, the person did not know, and could not reasonably have been expected to know, that the total expenditure concerned exceeded the cap concerned; and

before the end of the period of 6 weeks starting on the day the person first became aware of the matter, acceptable expenditure action is taken in relation to the excess amount.

travel by a candidate who is a member of the expenditure group, or by the candidate’s staff, or travel-related accommodation for the candidate or staff, undertaken for the dominant purpose of the candidate’s campaign; or

translation or interpretation services used for the dominant purpose of the candidate’s campaign.

travel by the candidate or by the candidate’s staff, or travel-related accommodation for the candidate or staff, undertaken for the dominant purpose of the candidate’s campaign; or

translation or interpretation services used for the dominant purpose of the candidate’s campaign.

the Constitution;

(b) the Parliamentary Business Resources Act 2017;

(c) an agreement for employment or engagement referred to in the Members of Parliament (Staff) Act 1984.

is incurred on a campaign office for the party (including the party’s campaign headquarters) or for a member of the expenditure group who is a candidate; and

does not result in the members of the expenditure group incurring electoral expenditure exceeding:

for a campaign office that is the party’s campaign headquarters—$20,000; or

for a campaign office for a Division—$20,000 total for each Division; or

for a campaign office for a State and Territory—$20,000 total for each State or Territory.

incurred on a campaign office for the person; and

not more than $20,000.

expenditure incurred on the design or printing of a how-to-vote card; and

not more than $20,000.

a person is the registered officer of a registered political party that has an expenditure group (see section 302ALF); and

total electoral expenditure incurred in a period by members of the registered political party’s expenditure group, that counts towards a cap mentioned in Subdivision C that applies to the period, reaches the cap;

a person is an Independent House candidate or member; and

total electoral expenditure incurred in a period by the person, that counts towards a cap mentioned in Subdivision D that applies to the period, reaches the cap;

a person is an Independent Senate candidate or Senator; and

total electoral expenditure incurred in a period by the person, that counts towards a cap mentioned in Subdivision E that applies to the period, reaches the cap;

a person is the financial controller of a capped expenditure entity; and

total electoral expenditure incurred in a period by the entity, that counts towards a cap mentioned in Subdivision F that applies to the period, reaches the cap;

as soon as practicable after becoming aware that the total electoral expenditure has reached the cap; and

in the approved form (if any).

the capped entity cap;

the capped entity Divisional cap;

the capped entity Senate base amount;

the capped entity Senate cap, for each State and Territory;

the Divisional cap;

the Federal cap;

the Senate base amount;

the Senate cap, for each State and Territory;

the amounts for the purposes of subparagraphs 302AQE(1)(b)(i), (ii) and (iii) and paragraph 302AQE(3)(b) (exceptions for campaign office accommodation);

the amount for the purposes of paragraph 302AQF(b) (exception for design and printing costs for certain how-to-vote cards).

the by-election cap;

the by-election period;

the capped entity by-election cap;

the Independent House of Representatives by-election cap.

the capped entity Senate-only election cap for the State or Territory;

the Senate-only election cap for the State or Territory;

the Senate-only election period;

the Senate-only election Independent Senate cap for the State or Territory.

a general election is held in a calendar year; and

after the polling day for the general election, another general election is, or is to be, held in the same calendar year; and

the writs for the other general election have been issued.

the following definitions in section 302ALA:

(i) definition of capped entity cap;

(ii) definition of capped entity Divisional cap;

(iii) definition of capped entity Senate base amount;

(iv) definition of Divisional cap;

(v) definition of Federal cap;

(vi) definition of Senate base amount;

subparagraphs 302AQE(1)(b)(i), (ii) and (iii) and paragraph 302AQE(3)(b) (exceptions for campaign office accommodation);

paragraph 302AQF(b) (exception for design and printing costs for certain how-to-vote cards).

are to be made using only the September quarter index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

are to be made disregarding September quarter index numbers that are published in substitution for previously published September quarter index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

a provision in this Division requires that a return be provided for a period, with respect to a person or entity; and

the provision requires the return to set out an amount paid, incurred or received during the period; and

the person or entity did not pay, incur or receive such an amount during the period;

a registered political party; or

a State branch of a registered political party;

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

the total amount received by or on behalf of the entity during the 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 entity during the calendar year, together with the details required by section 310K;

the total amount paid by or on behalf of the entity during the calendar year;

the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;

the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;

details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year;

if the entity is a registered political party that is paid administrative assistance funding under Division 3AA during the calendar year—the details required by section 310P;

if the entity is a registered political party and an entity is registered, at any time during the calendar year, as the nominated entity of the party—the name of the nominated entity.

the agent of an entity that is a State branch of a registered political party is required by this section to provide a return with respect to the entity for a calendar year; and

there is no time during the year at which the entity was a registered political party;

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

if the election in which the person is a candidate is held in the calendar year—the name of the candidate as it appeared on the ballot paper;

the total amount of gifts made for a federal purpose that were received by the candidate, together with the details required by section 310K;

the total electoral expenditure incurred by the candidate, together with the details required by section 310M;

details of any discretionary benefits received by or on behalf of the candidate from the Commonwealth during the calendar year.

the candidate is endorsed by a registered political party; and

the agent of the registered political party provides a return under section 310 that sets out the information required by subsection (3) of this section.

a gift made for a federal purpose was not received by the candidate during the calendar year; and

the candidate did not incur electoral expenditure during the calendar year; and

discretionary benefits were not received by, or on behalf of, the candidate from the Commonwealth during the calendar year.

received a gift made for a federal purpose; or

incurred electoral expenditure; or

was paid administrative assistance funding.

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

the total amount of gifts made for a federal purpose that were received by the member or Senator, together with the details required by section 310K;

the total electoral expenditure incurred by the member or Senator during the calendar year, together with the details required by section 310M;

if the member or Senator is paid administrative assistance funding under Division 3AA during the calendar year—the details required by section 310P.

that information is not required to be set out in a return under this section; and

no return under this section is required if, because of paragraph (a), no information is required to be set out in a return under this section.

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

the total amount received by or on behalf of the person or entity during the 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 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 calendar year;

the total electoral expenditure incurred by the person or entity during the calendar year, together with the details required by section 310M;

the total outstanding amount, as at the end of the 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 calendar year.

a return for the calendar year in which the expenditure was actually incurred that includes that expenditure; and

a separate return for the later calendar year that does not include the expenditure that was taken under section 287J to have been incurred in the later calendar year.

any amounts, or the details of any discretionary benefits, received by, or on behalf of, the person in a purely personal capacity;

any amounts paid by, or on behalf of, the person for personal purposes and not solely or substantially for a purpose related to an election;

the amount, or other details, of any debt incurred by, or on behalf of, the person in a purely personal capacity.

(a) the amount was received by, or on behalf of, a person or entity that was registered under the Australian Charities and Not-for-profits Commission Act 2012; and

no part of the amount was used during the calendar year by the person or entity:

to enable the person or entity to incur electoral expenditure, or create or communicate electoral matter; or

to reimburse the person or entity for incurring electoral expenditure, or creating or communicating electoral matter.

the financial controller is required to provide a return under section 310D (associated entity returns) or section 310E (nominated entity returns) with respect to the entity for the year; and

the return the financial controller provides under that section:

states that the entity was also a significant third party in the year; and

(ii) sets out the information required by this section with respect to the entity for the year.

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

the total amount received by or on behalf of the entity during the 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 entity during the calendar year, together with the details required by section 310K;

the total amount paid by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310L;

the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;

the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;

details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year.

the entity is also a nominated entity at a time in the year; and

a return is provided under section 310E (nominated entity returns) that:

sets out the information required by this section for the entity for the year; and

specifies any period in the year during which the entity was an associated entity and not also a nominated entity; and

for any such period—makes clear which information relates to the period.

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

the total amount received by or on behalf of the entity during the 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 entity during the calendar year, together with the details required by section 310K;

the total amount paid by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310L;

the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;

the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;

details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year.

120 penalty units;

if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and

be in the approved form.

the total amount of gifts made for a federal purpose that were received by the person or entity during the calendar year, together with the details required by section 310K;

the total electoral expenditure incurred by the person or entity during the calendar year, together with the details required by section 310M.

the financial controller of the person or entity is required to provide a return under section 310C (significant third party returns), section 310D (associated entity returns) or section 310E (nominated entity returns) with respect to the person or entity (as applicable) for the year; and

the return the financial controller provides under that section:

states that the person or entity was also a third party in the year; and

sets out the information required by this section with respect to the person or entity for the year.

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.

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.

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.

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.

an entity is registered as an associated entity at any time during a calendar year; and

the entity was neither registered, nor required to be registered, as an associated entity at any time in the previous calendar year.

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.

be provided to the Electoral Commission within 30 days beginning on the day the entity is registered as an associated entity; and

be in the approved form.

the total amount received by or on behalf of the 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 entity during the previous calendar year, together with the details required by section 310K;

the total amount paid by or on behalf of the entity during the previous calendar year, together with the details (if any) required by section 310L;

the total electoral expenditure incurred by the 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 entity, together with the details (if any) required by section 310N;

details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the previous calendar year;

if subsection (5) applies in relation to any information—a statement to that effect.

if an amount was received from an unincorporated association, other than a registered industrial organisation:

the name of the association; and

the names and addresses of the members of the executive committee (however described) of the association;

if the sum was purportedly paid out of a trust fund or out of the funds of a foundation:

the names and addresses of the trustees of the fund or of the foundation; and

the title or other description of the trust fund, or the name of the foundation, as the case requires;

if the sum was received as a result of a loan—the information required to be kept under subsection 306A(3), or the name of the financial institution, as the case requires;

in any other case—the name and address of the person or organisation.

the total amount of the gifts that are not required to be disclosed under section 303A (requirements for recipients of gifts);

the total amount of those gifts received during a by-election period for a by-election;

the total amount of those gifts received during a Senate-only election period for a Senate-only election.