Commonwealth: Electoral Legislation Amendment (Electoral Reform) Act 2025 (Cth)

Electoral Legislation Amendment (Electoral Reform) Act 2025 No. 16, 2025 An Act to amend the law relating to elections and referendums, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules 4 Review of operation of amendments Schedule 1—Key definitions Part 1—Meaning of gift and other miscellaneous amendments Division 1—Amendments commencing day after Royal Assent Commonwealth Electoral Act 1918 Division 2—Amendments commencing 1 July 2026 Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Division 3—Application of amendments Part 2—Nominated entities Commonwealth Electoral Act 1918 Schedule 2—Expedited disclosure of donations Part 1—Amendment of the Commonwealth Electoral Act 1918 Commonwealth Electoral Act 1918 Part 2—Amendment of the Referendum (Machinery Provisions) Act 1984 Referendum (Machinery Provisions) Act 1984 Schedule 3—Gift caps Part 1—Amendments Commonwealth Electoral Act 1918 Part 2—Relationship of this Schedule with Schedule 4 Schedule 4—Expenditure caps Part 1—Amendments Commonwealth Electoral Act 1918 Part 2—Relationship of this Schedule with Schedule 3 Schedule 5—Returns Part 1—Main amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Amendments relating to publication of personal information Commonwealth Electoral Act 1918 Schedule 6—Commonwealth campaign accounts Commonwealth Electoral Act 1918 Schedule 6A—Federal administrative accounts Commonwealth Electoral Act 1918 Schedule 7—Administrative assistance funding and election funding Part 1—Administrative assistance funding Commonwealth Electoral Act 1918 Part 2—Election funding Commonwealth Electoral Act 1918 Part 3—Advance payment of election funding Commonwealth Electoral Act 1918 Schedule 8—Senate groups Part 1—Main amendments Commonwealth Electoral Act 1918 Part 2—Contingent amendments Commonwealth Electoral Act 1918 Schedule 9—Compliance and enforcement powers Part 1—Compliance and enforcement powers Commonwealth Electoral Act 1918 Part 2—Anti‑avoidance Commonwealth Electoral Act 1918 Schedule 10—Machinery amendments Part 1—Amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Application and transitional provisions Schedule 11—Transitional rules Electoral Legislation Amendment (Electoral Reform) Act 2025 No. 16, 2025 An Act to amend the law relating to elections and referendums, and for related purposes [Assented to 20 February 2025] The Parliament of Australia enacts: 1 Short title This Act is the Electoral Legislation Amendment (Electoral Reform) Act 2025. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 20 February 2025 2. Schedule 1, Part 1, Division 1 The day after this Act receives the Royal Assent. 21 February 2025 3. Schedule 1, Part 1, Divisions 2 and 3 1 July 2026. 1 July 2026 4. Schedule 1, Part 2 1 July 2026. 1 July 2026 5. Schedules 2 to 4 1 July 2026. 1 July 2026 6. Schedule 5, Part 1 1 July 2026. 1 July 2026 7. Schedule 5, Part 2 The day after this Act receives the Royal Assent. 21 February 2025 8. Schedules 6, 6A and 7 1 July 2026. 1 July 2026 9. Schedule 8, Part 1 1 July 2026. 1 July 2026 10. Schedule 8, item 9 1 July 2026. Never commenced However, the provisions do not commence at all if item 43 of Schedule 1 to this Act commences on or before that day. 11. Schedule 8, item 10 1 July 2026. Never commenced However, the provisions do not commence at all if item 44 of Schedule 1 to this Act commences on or before that day. 12. Schedule 9, Part 1 The day after this Act receives the Royal Assent. 21 February 2025 13. Schedule 9, Part 2 1 July 2026. 1 July 2026 14. Schedules 10 and 11 The day after this Act receives the Royal Assent. 21 February 2025 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Review of operation of amendments (1) The Joint Standing Committee on Electoral Matters, or another parliamentary committee determined in writing by the Minister, is to: (a) review the operation of the amendments made by this Act before the end of 12 months after the first general election that is held after 1 July 2026; and (b) report the Committee's comments and recommendations to each House of the Parliament. (2) A determination under subsection (1) is not a legislative instrument. Schedule 1—Key definitions Part 1—Meaning of gift and other miscellaneous amendments Division 1—Amendments commencing day after Royal Assent Commonwealth Electoral Act 1918 1 Section 287D After: Associated entities are entities that have some kind of connection with registered political parties (such as being controlled by or operating for the benefit of a registered political party). insert: The Electoral Commissioner must deregister a person or entity that is registered as a significant third party, or as an associated entity, in certain circumstances. 2 Subsection 287L(1) Omit "subsection (4)", substitute "subsections (2), (3) and (4)". 3 Subsection 287L(2) Repeal the subsection, substitute: Refusing registration (2) The Electoral Commissioner must refuse to register a person or entity as a significant third party in accordance with the person or entity's application under section 287K if the person or entity is not required to be so registered under section 287F. (3) The Electoral Commissioner must refuse to register an entity as an associated entity in accordance with the entity's application under section 287K if the entity is not required to be so registered under section 287H. 4 Subsection 287L(4) (heading) Repeal the heading. 5 Before subsection 287L(5) Insert: Variation of application 6 After section 287L Insert: 287LA Deregistration of person or entity as significant third party or associated entity if not required to be registered Electoral Commissioner may review Transparency Register (1) The Electoral Commissioner may review the Transparency Register to determine whether: (a) 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 (b) an entity registered as an associated entity under section 287L is required to be registered as an associated entity under section 287H. (2) The Electoral Commissioner may review the Transparency Register under subsection (1) at any time other than during the period that: (a) begins on the day a writ for a Senate election or House of Representatives election is issued; and (b) ends on the day the writ is returned. Electoral Commissioner may request further information (3) For the purposes of reviewing the Transparency Register, the Electoral Commissioner may: (a) 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 (b) 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. (4) The notice must specify a period within which the information must be provided. The period must not be longer than 30 days after the notice is given. (5) The financial controller must comply with the notice within the specified period. However, the Electoral Commissioner may extend that period. Note: If a financial controller fails to comply with a notice, an authorised officer can give them a notice under section 314AN (power of authorised officers to obtain information—compliance). Deregistration (6) The Electoral Commissioner must deregister a person or entity as a significant third party if: (a) the person or entity is registered as a significant third party under section 287L and included on the Transparency Register; and (b) 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. (7) The Electoral Commissioner must deregister an entity as an associated entity if: (a) the entity is registered as an associated entity under section 287L and included on the Transparency Register; and (b) the Electoral Commissioner is satisfied, on reasonable grounds, that the entity is not required under section 287H to be registered as an associated entity. Notice of intended deregistration (8) Before deregistering a person or entity under subsection (6) or (7), the Electoral Commissioner must give the financial controller of the person or entity written notice of the Electoral Commissioner's intention to deregister the person or entity. Review of decisions (9) Section 141 (review of certain decisions) applies as if: (a) 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 (b) references to a person included references to a significant third party or an associated entity. 7 Application—applications for registration as significant third party or associated entity The amendments of section 287L of the Commonwealth Electoral Act 1918 made by this Division apply in relation to an application for the registration of a person or entity as a significant third party, or as an associated entity, if the application is made after the commencement of this item. Division 2—Amendments commencing 1 July 2026 Commonwealth Electoral Act 1918 8 Section 286A Repeal the section, substitute: 286A Simplified outline of this Part This Part deals with the funding of registered political parties and candidates. It also deals with gifts and other financial matters relating to political parties, members of the House of Representatives, Senators, candidates, significant third parties, associated entities, nominated entities and third parties. Registered political parties and candidates must have agents. Significant third parties, associated entities and nominated entities must nominate financial controllers. Many of the obligations in this Part are imposed on those agents and financial controllers. In some cases, obligations are imposed on registered officers of registered political parties. Registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties must have federal accounts to be used for paying for electoral expenditure or for crediting gifts of money. Registered political parties and candidates may be entitled to election funding. The election funding is payable in relation to any candidate who received at least 4% of the total formal first preference votes cast in the election. The regulations may provide for payments of an advance on election funding in limited circumstances (broadly, where a registered political party or candidate was entitled to election funding in the most recent election). Administrative assistance funding may be payable to registered political parties and independent members for quarters in a calendar year. Broadly, political entities and other entities called "capped expenditure entities" (these are significant third parties, associated entities, nominated entities and third parties) must not incur electoral expenditure above specified caps each calendar year. The caps apply to electoral expenditure generally, and also to electoral expenditure targeted to particular Divisions, States or Territories. There are also caps that apply in by‑election and Senate‑only election periods to electoral expenditure on the Division or on the State or Territory to which the election relates. The caps are indexed each year. Generally, gifts of at least $1,000 to members of the House of Representatives, Senators, political entities (who are registered political parties and candidates) and significant third parties must not be made by foreign donors (that is, persons who, broadly, do not have a connection to Australia). Broadly, gifts must not be made to a member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor for the purpose of incurring electoral expenditure or creating or communicating electoral matter. Gifts to these persons or entities by other donors that are made for a federal purpose are subject to a cap. Gifts (other than gifts made for the purposes of a by‑election or a Senate‑only election) are subject to an annual cap for a calendar year. Gifts made for the purposes of a by‑election or a Senate‑only election are subject to a separate cap during the election period for the election. Gifts may be aggregated with other gifts made by the same donor to related persons or entities if the gifts are made in the same calendar year, or for the purposes of the same by‑election or Senate‑only election. In addition, gifts made for a federal purpose by the same person or entity to unendorsed candidates in the same State or Territory are also subject to a cap. There are obligations to disclose certain gifts made to: (a) candidates; and (b) members of the House of Representatives, Senators, registered political parties, State branches, significant third parties, associated entities, nominated entities and third parties. Each calendar year, registered political parties, candidates, members of the House of Representatives, Senators, significant third parties, associated entities, nominated entities and third parties are required to disclose details relating to amounts received or paid or incurred by the parties, candidates, members, Senators, persons or entities during the year. 9 Subsection 287(1) Insert: commercial interest rate, in relation to a loan, means a rate of interest per annum that is at least 1.5 percentage points above: (a) the cash rate target published by the Reserve Bank of Australia that is in effect on the day the loan is made; or (b) 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. Note: The cash rate target published by the Reserve Bank is commonly referred to as the cash rate. For details of the cash rate target and other interest rates published by the Reserve Bank, see www.rba.gov.au. core member of an expenditure group has the meaning given by paragraph 302ALF(1)(a). 10 Subsection 287(1) (definition of disclosure threshold) Repeal the definition (including the note), substitute: disclosure threshold means $5,000. Note: The amount of $5,000 is indexed under section 321AA. 11 Subsection 287(1) Insert: expenditure group has the meaning given by subsection 302ALF(1). financial institution means: (a) an ADI (within the meaning of the Banking Act 1959); or (b) a bank; or (c) a building society; or (d) a credit union. Note: ADI is short for authorised deposit‑taking institution. 12 Subsection 287(1) (definition of gift) Repeal the definition, substitute: gift has the meaning given by section 287AAB. 13 Subsection 287(1) Insert: peak representative body means an entity in respect of which the following conditions are satisfied: (a) the majority of the entity's income is payments made by the members, branches or affiliates (however described) of the entity; (b) none of the members, branches or affiliates (however described) of the entity is a natural person except: (i) an officeholder of the entity who is a non‑financial member, branch or affiliate of the entity; or (ii) 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 (iii) an honorary non‑financial member, branch or affiliate of the entity; (c) 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; (d) 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; (e) the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory. Note: A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party. Senate‑only election means a Senate election not held concurrently with a general election. 14 Subsection 287(1) (definition of third party) Repeal the definition, substitute: third party: a person or entity (except a political entity, a member of the House of Representatives or a Senator) is a third party at a time during a calendar year if: (a) 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 (b) at that time in the year, the person or entity: (i) 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 (ii) is not so registered under section 287L; and (c) the person or entity is not a nominated entity at that time in the year. Note: See also subsections (8) and (8A) to (8D) and section 287C (entities that have branches or are not incorporated). 15 Subsection 287(1) Insert: third party threshold means $20,000. Note: The amount of $20,000 is indexed under section 321A. 16 After subsection 287(8) Insert: Entities that are both a significant third party and an associated entity (8A) If, at a time, an entity is registered as both: (a) a significant third party; and (b) an associated entity; then the entity is, for the purposes of this Part, to be treated at that time as if it were only an associated entity. Branches of associated entities (8B) An associated entity that has a branch that is also an associated entity is, for the purposes of this Part, to be treated as a separate associated entity from the branch. Associated entity that is a body corporate that is related to another body corporate (8C) If an associated entity is a body corporate that is related to another body corporate, then, despite subsection (6), the associated entity is, for the purposes of this Part, to be treated as a separate person from the other body corporate. Significant third party or third party that has a branch that is an associated entity (8D) If a significant third party or a third party has a branch that is an associated entity, then, despite subsection (8), the branch is, for the purposes of this Part, to be treated as separate from the significant third party or third party. 17 Subsection 287(9) Repeal the subsection, substitute: When a person is a candidate (9) For the purposes of this Part, a person: (a) begins to be a candidate in an election on the earliest of the following days: (i) the day the person announced that the person would be a candidate in the election; (ii) the day the person nominated as a candidate in the election; (iii) 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; (iv) 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; (v) the day the person incurs electoral expenditure for the purposes of the person's campaign as a candidate that exceeds the disclosure threshold; and (b) ceases to be a candidate in an election at the end of 7 days after the polling day in the election. Note 1: A person may, for example, begin to be a candidate when the person receives a gift as described in subparagraph (a)(iii) of this subsection, regardless of whether the person has announced the person would be a candidate, or the person nominated as a candidate, in an election. Note 2: Candidates have certain obligations under this Part in relation to, for example, the expedited disclosure of gifts, the keeping of a federal account and the submission of annual returns (see Division 5). Gifts to candidates may be subject to a gift cap (see Division 3A), and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB). 18 After section 287AA Insert: 287AAB Meaning of gift (1) A gift means any disposition of property made by a person or entity to another person or entity, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service for no consideration or for inadequate consideration. Note: For disposition of property, see subsection 287(1). (2) In addition, a gift includes the following: (a) 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); (b) 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: (i) the loan had been made on terms requiring the payment of interest at a commercial interest rate; and (ii) any interest payable had not been waived; and (iii) any interest payments were not capitalised. (3) Subject to subsection (4), a gift does not include the following: (a) 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; (b) 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; (c) 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; (d) 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; (e) an amount paid by a political party to another political party, if: (i) 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 (ii) the other is a federal branch; (f) an annual levy paid to a registered political party or a State branch of a political party by: (i) a person elected as a member of the House of Representatives or as a Senator; or (ii) a member of staff of a person elected as a member of the House of Representatives or as a Senator; or (iii) an employee or elected official of the political party; (g) 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; Note: See subsection (3A) for an exception to paragraph (g). (ga) a loan made by a core member of a registered political party's expenditure group to another core member of the expenditure group; (gb) 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; (h) a disposition of property (including the provision of a service) made by: (i) a State branch of an associated entity to another State branch of the associated entity; or (ii) a State branch of an associated entity to a federal branch of the associated entity (or vice versa); (i) a payment under Division 3 (election funding) or Division 3AA (administrative assistance funding); (j) a grant of financial assistance made by the Commonwealth; (k) any visit, experience or activity provided for the purposes of a political exchange program; (l) the provision of labour by a person acting on a voluntary basis (irrespective of whether the person receives out‑of‑pocket expenses); (m) 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: (i) core members of a registered political party's expenditure group; or (ii) an associated entity and any branch of the associated entity; or (iii) 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; (n) 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: (i) 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 (ii) the other is a federal branch; (o) 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; (p) 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: (i) 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 (ii) the other is a federal branch; (q) a bequest; (r) except as provided by paragraph (2)(b): (i) a loan made by a financial institution; or (ii) a loan made by a person or entity at a commercial interest rate; (s) electoral expenditure incurred by a person or entity for the benefit of another person or entity; (t) 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: (i) 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; (u) a gift made to a person who is a candidate, a member of the House of Representatives or a Senator if: (i) the gift is made in a private capacity to the person for the person's personal use; and (ii) 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; (v) 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: (i) the gift was not made for a federal purpose; and (ii) 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; (x) 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. Note 1: For State or Territory electoral purpose, see subsection 287(1). Note 2: There are restrictions regarding the receipt of certain loans (see section 306A). (3A) Despite paragraph (3)(g), 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 is a gift if the disposition is made, for a federal purpose, by a core member who is a candidate, a member of the House of Representatives or a Senator. Note: Gifts for a federal purpose are subject to caps (see Division 3A) and expedited disclosure obligations (see Division 4). (4) Each of the following that is credited to a federal account by a financial controller in relation to a significant third party or an associated entity, or by a third party (including a peak representative body), is a gift: (a) 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; (b) 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; (c) 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. Note: Unless this subsection applies, an amount that is covered by paragraph (3)(b) or (d) is not a gift. These kinds of amounts may, up to a limit, be credited to a federal account (see subsection 292FA(4) and section 292FAE). 18A Subsection 287AB(1) Repeal the subsection (not including the notes), substitute: Dominant purpose of creating or communicating electoral matter (1) Expenditure is electoral expenditure if it is incurred for the dominant purpose of creating or communicating electoral matter. 18B Subsection 287AB(3) Omit "In addition, any expenditure incurred by or with the authority of a political entity, a person or entity", substitute "Any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator, or a person or an entity". 18C Subsection 287AB(3) Omit "a member of the House of Representatives or a Senator in relation to an election is electoral expenditure, except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister", substitute "is electoral expenditure to the extent that it is in relation to an election". 19 At the end of subsection 287AB(3) Add: Note: Election means an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)). 19A After subsection 287AB(3) Insert: Specific electoral expenditure (3A) Any expenditure incurred by or with the authority of 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, is electoral expenditure to the extent that it is in relation to an election and also any of the following: (a) 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; (b) expenditure on the production and distribution of electoral matter; (c) expenditure on the internet, telecommunications, stationery or postage for the purposes of communicating electoral matter; (d) expenditure incurred in employing staff engaged in an election campaign; (e) expenditure incurred for office accommodation for any such staff and candidates; (f) expenditure on travel and travel accommodation for candidates and staff engaged in an election campaign; (g) expenditure on research associated with an election campaign (other than in‑house research); (h) expenditure incurred in raising funds for an election; (i) expenditure of a kind prescribed by the regulations. Note 1: The expenditure caps in Division 3AB apply in relation to all electoral expenditure unless an exemption in Subdivision G of Division 3AB applies. Note 2: References to an election mean an election of a member of the House of Representatives or an election of Senators for a State or Territory (see subsection 287(1)). Note 3: A candidate's staff includes any volunteers. Expenditure that is not electoral expenditure (3B) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister. (3C) Despite anything else in this section, expenditure is not electoral expenditure to the extent that it is incurred by a person or entity (the service provider): (a) in providing a communication service or communication platform that is used to create or communicate electoral matter; or (b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter. 20 At the end of section 287AB Add: (4) Despite anything else in this section, none of the following is electoral expenditure: (a) expenditure that is a gift to which Subdivision AA of Division 3A applies; (b) a disposition of property made by a member of a registered political party's expenditure group to another member of the expenditure group; (c) 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); (ca) expenditure to the extent that it is administrative expenditure; (cb) 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; (cc) expenditure incurred in relation to an election other than an election within the meaning of this Part (see subsection 287(1)); (d) expenditure of a kind prescribed by the regulations. 21 After section 287AC Insert: 287AD This Part does not have effect of making internal documents of political party enforceable in an Australian court To avoid doubt, nothing in this Part has the effect of making the constitution, rules, resolutions or other internal documents or decisions (however described) of a political party, in and of themselves, enforceable in an Australian court. 22 Subsection 287F(1) Omit "financial year" (first occurring), substitute "calendar year". 23 Paragraph 287F(1)(a) Omit "financial years", substitute "calendar years". 24 Subparagraph 287F(1)(b)(i) Repeal the subparagraph, substitute: (i) during that calendar year is more than the third party threshold; and 25 Subparagraph 287F(1)(b)(ii) Omit "financial year", substitute "calendar year". 26 Paragraph 287F(1)(c) Omit "financial year", substitute "calendar year". 27 Subparagraph 287F(1)(c)(i) Omit "at least equal to the disclosure threshold", substitute "more than the third party threshold". 28 Subsection 287F(1) (note) Omit "financial year" (wherever occurring), substitute "calendar year". 29 Subsection 287F(3) Omit "financial year" (wherever occurring), substitute "calendar year". 30 Subsection 287H(1) Omit "financial year", substitute "calendar year". 31 Paragraph 287H(1)(f) Omit "entity;", substitute "entity.". 32 Paragraph 287H(1)(g) Repeal the paragraph (including the note). 33 Subsection 287H(3) Omit "financial year" (wherever occurring), substitute "calendar year". 34 Subsections 287H(4) and (5) Repeal the subsections. 35 Subsection 287J(1) Omit "financial year" (first occurring), substitute "calendar year". 36 Subsection 287J(1) Omit "current financial year", substitute "current calendar year". 37 Paragraphs 287J(1)(a) and (b) Omit "financial year", substitute "calendar year". 38 Subparagraphs 287J(1)(c)(i) and (ii) Omit "financial year", substitute "calendar year". 39 Subsection 287J(2) Omit "financial year" (wherever occurring), substitute "calendar year". 40 Subparagraph 287K(2)(b)(ii) Omit ", and any disclosure entity referred to in paragraph 287H(1)(g),". 41 Paragraph 287N(2)(c) Omit ", and any disclosure entities referred to in paragraph 287H(1)(g),". 42 Section 302A Repeal the section, substitute: 302A Simplified outline of this Division This Division regulates gifts that are made to members of the House of Representatives, Senators, registered political parties, candidates, significant third parties, associated entities, nominated entities and third parties. Gifts to these persons and entities that are made for a federal purpose are subject to a cap. Gifts (other than gifts made for the purposes of a by‑election or a Senate‑only election) are subject to an annual cap for a calendar year. Gifts made for the purposes of a by‑election or a Senate‑only election are subject to a separate cap during the election period for the election. Gifts may be aggregated with other gifts made by the same donor to related persons or entities if the gifts are made in the same calendar year, or for the purposes of the same by‑election or Senate‑only election. Separately, gifts made for a federal purpose by the same person or entity are subject to the overall gift cap, and any such gifts made to recipients related to a particular State or Territory are subject to the State and Territory gift cap. Gifts of at least $1,000 to members of the House of Representatives, Senators, political entities (broadly, registered political parties and candidates), significant third parties, associated entities or nominated entities must not be made by foreign donors. A foreign donor is a person who does not have a connection to Australia, such as a person who is not an Australian citizen or an entity that does not have a significant business presence in Australia. Broadly, gifts must not be made to a member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor for the purpose of incurring electoral expenditure or creating or communicating electoral matter. Anti‑avoidance provisions apply to strengthen these requirements (see Subdivision C of Division 5C of this Part). A person or entity may commit an offence or be liable to a civil penalty if the person or entity contravenes these requirements. There are some exceptions, such as when a gift is made in a personal capacity. 42A At the end of section 302CA Add: Extended meaning of gift (11) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section. 43 Subsection 302D(5) Repeal the subsection. 44 Subsection 302F(7) Repeal the subsection. 44A After subsection 314B(9) Insert: (9A) Disregard subsection 287AAB(3) in working out whether something is a gift for the purposes of this section. Referendum (Machinery Provisions) Act 1984 45 Subsection 3(1) (definition of referendum entity) Omit "disclosure threshold", substitute "third party threshold". 46 Subsection 3(1) Insert: third party threshold has the meaning given by Part XX of the Commonwealth Electoral Act 1918. Division 3—Application of amendments 47 Application of amendments (1) To avoid doubt, the repeal of paragraph 287H(1)(g) of the Commonwealth Electoral Act 1918 made by Division 2 of this Part has effect in relation to an entity on and from the day the repeal commences, regardless of whether the entity was registered as an associated entity before that day. (2) Subitem (1) is subject to any rules made by the Minister under Schedule 11 to this Act that affect the application of items of this Act. Part 2—Nominated entities Commonwealth Electoral Act 1918 48 Subsection 287(1) Insert: nominated entity means an entity registered as the nominated entity of a registered political party under section 287MC. 49 Subsection 287(1) (paragraph (b) of the definition of regulated entity) Omit "or an associated entity", substitute ", an associated entity or a nominated entity". 50 Subsection 287AB(3) Omit "or an associated entity", substitute ", an associated entity or a nominated entity". 51 Division 1A of Part XX (heading) Omit "and associated entities", substitute ", associated entities and nominated entities,". 52 Section 287D After: A significant third party or associated entity must be registered as such under this Division. A person or entity may be liable to a civil penalty if the person or entity incurs electoral expenditure without being appropriately registered. insert: Certain entities that are incorporated in Australia may be registered as the nominated entity of a registered political party. Any exchanges between a registered political party and an entity registered as the nominated entity of the party are not gifts (see paragraph 287AAB(3)(g)). 53 After Subdivision B of Division 1A of Part XX Insert: Subdivision BA—Registration as the nominated entity of a registered political party 287MA Application for registration as the nominated entity of a registered political party (1) A registered political party may apply to the Electoral Commissioner to register an entity (except a political entity) as the nominated entity of the party. (2) The application must: (a) be in an approved form; and (b) without limiting paragraph (a): (i) state the name of the financial controller nominated for the entity; and (ii) include the entity's consent to being registered as the nominated entity of the party, as mentioned in subsection (3); and (iii) include any other information required by the regulations. Note: For the nomination of a financial controller for the entity, see section 292E. Consent to registration (3) An entity (except a political entity) may give consent in an approved form to being registered as the nominated entity of a registered political party. 287MB Eligibility for registration as the nominated entity of a registered political party Requirements for registration (1) An entity is eligible to be registered as the nominated entity of a registered political party if: (a) the entity is incorporated in Australia; and (b) the entity has its head office and principal place of activity in Australia; and (c) 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 (d) the entity is not a political entity; and (e) the entity has given consent in accordance with subsection 287MA(3) to being registered as the nominated entity of the party; and (f) no other entity is registered as the nominated entity of the party; and (g) the entity is not registered as the nominated entity of any other registered political party. Note: A registered political party cannot have more than one entity registered as its nominated entity and that entity cannot be registered as the nominated entity of more than one registered political party (see paragraphs (f) and (g)). Entities that are also associated entities (2) An entity may be registered both as an associated entity and a nominated entity. Note: The effect of paragraph (1)(c) of this section and paragraph 287H(1)(b) is that all nominated entities are required to be registered as associated entities. 287MC Decision on application for registration as the nominated entity of a registered political party Decision on application (1) If an application is made under section 287MA to register an entity as the nominated entity of a registered political party, the Electoral Commissioner must register the entity accordingly if the application complies with subsection 287MA(2). (2) Despite subsection (1) of this section, the Commissioner must refuse to register the entity as the nominated entity of the party if the Commissioner is satisfied that: (a) the entity is not eligible to be so registered (see subsection 287MB(1)); or (b) the Electoral Commission would be required to refuse registration under subsection 129(1) (except paragraph 129(1)(a)) assuming that: (i) the entity were applying to be registered as a political party; and (ii) 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 (c) the Electoral Commission would be required to refuse registration under subsection 129(3) (except subparagraph 129(3)(a)(ii)) assuming that: (i) the entity were applying to be registered as a political party; and (ii) a reference in subsection 129(3) to "the applicant party" or "the applicant party's" were a reference to the entity. (3) The Commissioner must make a decision under this section as soon as practicable after receiving the application. Notice of decision (4) The Commissioner must, as soon as practicable after making a decision under this section, give written notice of the decision to the party and the entity. (5) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission's website. Review of decisions (6) Section 141 (review of certain decisions) applies in relation to a decision under this section to refuse to register an entity as the nominated entity of a registered political party as if: (a) the decision were a reviewable decision; and (b) a reference to a person included a reference to the party and the entity; and (c) 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 (d) 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 (e) 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. 287MD Cancellation of registration as the nominated entity of a registered political party on application (1) If an entity is registered under section 287MC as the nominated entity of a registered political party, the entity or the party may apply to the Electoral Commissioner to cancel the registration. (2) On receiving an application under subsection (1), the Commissioner must cancel the registration of the entity as the nominated entity of the party. (3) The Commissioner must, as soon as practicable after cancelling the registration, give written notice of the cancellation to both the party and the entity. (4) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission's website. 287ME Commissioner must cancel registration in certain circumstances When Commissioner must cancel registration (1) The Electoral Commissioner must cancel the registration of an entity as the nominated entity of a registered political party if the Commissioner is satisfied that: (a) the party is no longer a registered political party; or (b) the entity has ceased to be eligible for such registration under paragraph 287MB(1)(a), (b), (c), or (d); or (c) the agent of the party, or the financial controller of the entity, have been convicted of an offence under this Part. Notice of cancellation (2) The Commissioner must, as soon as practicable after cancelling the registration of an entity as the nominated entity of a registered political party under subsection (1), give written notice of the cancellation to both the entity and the party. (3) As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission's website. Review of decisions (4) Section 141 (review of certain decisions) applies in relation to a decision under this section to cancel the registration of an entity as the nominated entity of a registered political party as if: (a) the decision were a reviewable decision; and (b) a reference to a person included a reference to the party and the entity; and (c) 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 (d) 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 (e) 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. 287MF Transparency Register to determine period of registration as nominated entity The registration of an entity as the nominated entity of a registered political party: (a) comes into force when the Electoral Commissioner records the registration in the Transparency Register under section 287N; and (b) ceases to be in force when the Commissioner removes that record of the registration in the Transparency Register under section 287N. 54 After subparagraph 287N(2)(a)(ii) Insert: (iia) each entity registered as the nominated entity of a registered political party under section 287MC; and 55 Paragraph 287N(2)(b) Omit "and associated entities", substitute ", associated entities and nominated entities". 56 After paragraph 287N(2)(c) Insert: (ca) for each nominated entity—the name of the registered political party for which the entity is registered as the nominated entity; and 57 Section 287V Omit "Significant third parties and associated entities must nominate", substitute "Significant third parties, associated entities and nominated entities must nominate". 58 Section 287V Omit "significant third parties and associated entities is kept", substitute "significant third parties, associated entities and nominated entities is kept". 59 Section 292E (heading) Omit "and associated entities", substitute ", associated entities and nominated entities". 60 Subsection 292E(1) Omit "and associated entity", substitute ", associated entity and nominated entity". 61 Subparagraph 292F(1)(b)(iii) Repeal the subparagraph, substitute: (iii) 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; 62 Paragraph 292F(4)(b) Omit "or associated entity", substitute ", associated entity or nominated entity". 63 Section 302D (heading) Omit "and associated entities", substitute ", associated entities and nominated entities". 64 Subparagraph 302D(1)(a)(ii) Omit "or an associated entity", substitute ", an associated entity or a nominated entity". 65 Paragraph 302D(1A)(a) Omit "or associated entity", substitute ", associated entity or nominated entity". 66 Subparagraph 302F(1)(a)(ii) Omit "or an associated entity", substitute ", an associated entity or a nominated entity". 67 Paragraph 302F(1)(b) After "associated entity", insert ", nominated entity". 68 After subparagraph 302F(2)(c)(iia) Insert: (iib) a nominated entity; or 69 Paragraph 319A(2A)(b) Omit "or associated entity", substitute ", associated entity or nominated entity". 70 Section 321B (after paragraph (b) of the definition of disclosure entity) Insert: (ba) a nominated entity (within the meaning of Part XX); Schedule 2—Expedited disclosure of donations Part 1—Amendment of the Commonwealth Electoral Act 1918 Commonwealth Electoral Act 1918 1 Subsection 17(2A) Omit "furnish a return under subsection 305A(1) or (1A) in relation to that election", substitute "give a notice under section 303E in relation to a gift given to a candidate in that election". 2 Subsection 287(1) Insert: donation disclosure notice means a notice under subsection 303A(1), 303E(1) or 303L(1). 3 Subsection 287(1) (at the end of the definition of election) Add: Note: For the meaning of election when used in Division 4 of this Part, see section 303. 4 Sections 302V to 306 Repeal the sections, substitute: Subdivision A—Preliminary 302V Simplified outline of this Division A donation disclosure notice must be given to the Electoral Commission if certain kinds of gifts are received by any of the following: (a) members of the House of Representatives and Senators; (b) candidates in elections or by‑elections; (c) registered political parties; (d) State branches of registered political parties; (e) significant third parties, associated entities, third parties and nominated entities. The kinds of gifts that must be disclosed are: (a) gifts made for a federal purpose; or (b) certain other gifts; where the amount or value of the gift is over the disclosure threshold. A notice must also be given if the total amount or value of all gifts received from the same person or entity in a calendar year is over the disclosure threshold. Subdivision B sets out when the recipient of a gift made for a federal purpose must give a donation disclosure notice to the Electoral Commission. Subdivision C sets out when the donor of a gift made for a federal purpose must give a donation disclosure notice to the Electoral Commission. Subdivision D requires the Electoral Commissioner to publish some of the information about gifts made for a federal purpose in a donation disclosure notice on the Transparency Register. Subdivision E sets out when a recipient of certain other gifts must give a donation disclosure notice to the Electoral Commission. Subdivision F requires the Electoral Commissioner to publish some of the information about those other gifts in a donation disclosure notice on the Transparency Register. Subdivision G deals with limitations on loans made to political parties, State branches, significant third parties or candidates that are more than the disclosure threshold. Subdivision G also provides that gifts of more than the disclosure threshold to a political party, State branch, significant third party or candidate by a corporation that is wound up within a year of making the gift may be recovered from the recipient of the gift. 303 Definitions In this Division: acceptable action has the same meaning as in Division 3A. by‑election means an election of a member of the House of Representatives that is not part of a general election. election means a general election or an election of Senators for a State or Territory. Note: Election includes a Senate‑only election (see the definition of that term in subsection 287(1)). election period, in relation to an election or by‑election, means the period commencing on the day of issue of the writ for the election or by‑election and ending at the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election or by‑election. expedited notice period, in relation to an election or by‑election, means the period: (a) beginning on the Saturday that immediately precedes the polling day for the election or by‑election; and (b) ending at the end of the seventh day after that polling day. polling day, in relation to an election or by‑election, means the day fixed for polling in the election or by‑election. Subdivision B—Disclosure of donations by recipients of gifts made for a federal purpose 303A Requirements for recipients of gifts (1) If a person or entity (the recipient) covered by column 1 of an item of the table at the end of this subsection receives a gift (the relevant gift), the person or entity covered by column 2 of the item (the responsible person for the recipient) must, in accordance with this section, give the Electoral Commission a written notice in relation to the relevant gift, if: (a) the relevant gift is made to the recipient for a federal purpose; and (b) either or both of the following apply: (i) the amount or value of the relevant gift is more than the disclosure threshold; (ii) 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. Note 1: The notice must be given before the end of the period worked out in accordance with the table in subsection (2). Note 2: For the meaning of federal purpose, see subsection 287(1). Civil penalty: The higher of the following: (a) 60 penalty units; (b) 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. Donation disclosure notices Item Column 1 Column 2 Recipient Responsible person 1 A member of the House of Representatives or a Senator Whichever of the following applies: (a) if the member or Senator is a member of a registered political party—the registered officer of the registered political party; (b) otherwise—the member or Senator 2 A candidate in an election or by‑election Whichever of the following applies: (a) if the candidate is endorsed by a registered political party—the registered officer of the registered political party; (b) otherwise—the agent of the candidate 3 A registered political party The registered officer of the registered political party 4 A State branch of a registered political party Whichever of the following applies: (a) the registered officer of the State branch; (b) if the State branch is not a registered political party—the agent of the State branch 5 A person or entity that, at the time the relevant gift is received, is registered as a significant third party, an associated entity or a nominated entity The financial controller of the person or entity 6 A person or entity that, at the time the relevant gift is received, is a third party The third party Note: For the purposes of table item 2, the agent of a candidate in an election or by‑elec