Tasmania: Electoral Disclosure and Funding Act 2023 (Tas)

Electoral Disclosure and Funding Act 2023 An Act to make provision for the prohibition of certain donations in relation to elections, for the acceptance, use and disclosure of certain donations in relation to elections, for the disclosure of expenditure on election campaigns, for the public funding of election campaigns for the House of Assembly and of Assembly administrative expenditure, to make consequential amendments to the Electoral Act 2004 , and for related purposes [Royal Assent 11 December 2023] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Electoral Disclosure and Funding Act 2023 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Objects of Act The objects of this Act are – (a) to establish a scheme for the fair and transparent disclosure of political donations and electoral expenditure; and (b) to facilitate public awareness of political donations and electoral expenditure; and (c) to help prevent undue influence, by significant political donors and foreign donors, in the government of the State and to help prevent corruption; and (d) to establish a scheme for the fair and transparent public funding of participation in Assembly elections, and for funding of Assembly administrative expenditure, recognising the importance of the appropriate use of public revenue for those purposes; and (e) to promote compliance, with the requirements of this Act, by parties, Members, candidates, intending candidates, party agents, official agents, associated entities, third-party campaigners and donors. 4. Implied freedom of political communication This Act does not apply to a person to the extent that any constitutional doctrine of implied freedom of political communication would be infringed if this Act were to apply to the person. PART 2 - Interpretation 5. Interpretation (1) In this Act, unless the contrary intention appears – Administration Fund means the Administration Fund established under section 146 ; amended Assembly election campaign return means an amended Assembly election campaign return that is lodged with the Commission under section 73 ; amended Council election campaign return means an amended Council election campaign return that is lodged with the Commission under section 86 ; amended donation declaration means an amended donation declaration that is lodged with the Commission under section 51 ; appointed official agent, in relation to a person, means the natural person who is appointed under section 114(4)(a) to be the official agent in relation to the person; appointed party agent, in relation to a party, means the natural person who is appointed under section 107(4)(a) to be the party agent in relation to the person; approved means approved by the Commission; Assembly means the House of Assembly of the Parliament of Tasmania; Assembly administrative expenditure – see section 14 ; Assembly by-election means an election to elect a Member in respect of an Assembly division pursuant to a writ issued under section 64 of the Electoral Act 2004 ; Assembly candidate means a person who is a candidate in relation to an Assembly election; Assembly division means a division, determined in accordance with the Constitution Act 1934 , for the return of Members to represent the electors of that division in the Assembly; Assembly election means – (a) an election, forming part of an Assembly general election, to elect an Assembly Member in respect of an Assembly division; and (b) an Assembly by-election; Assembly election campaign return means an Assembly election campaign return lodged under section 71 ; Assembly general election means the elections held, or to be held, contemporaneously to elect Members in respect of all Assembly divisions pursuant to writs issued under section 63 of the Electoral Act 2004 ; Assembly Member means a person who is a member of the Assembly; associated entity means – (a) an incorporated, or unincorporated, body of persons that is controlled by one or more registered parties; and (b) an incorporated, or unincorporated, body of persons that operates wholly, or to a significant extent, for the benefit of one or more registered parties; and (c) an incorporated, or unincorporated, body of persons that is a financial member of a registered party; and (d) an incorporated, or unincorporated, body of persons on whose behalf another person is a financial member of a registered party; and (e) an incorporated, or unincorporated, body of persons that has voting rights in a registered party; and (f) an incorporated, or unincorporated, body of persons on whose behalf another person has voting rights in a registered party; auditor means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth; campaign account means a campaign account kept in accordance with Part 9 ; candidate, in relation to an election, means – (a) a person who has been publicly announced under section 87 of the Electoral Act 2004 as a candidate at the election; and (b) a person to whom section 15 or section 16 applies in relation to the election; and (c) a person who is registered as a candidate in relation to the election; Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004 ; Commission website means a website, maintained by the Commission, that is ordinarily available for viewing by members of the public; Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth; Commonwealth roll means the roll of the electors for the State of Tasmania required by section 81 of the Commonwealth Act; Council means the Legislative Council of the Parliament of Tasmania; Council by-election means an election to elect a Council Member in respect of a Council division pursuant to a writ issued under section 66 of the Electoral Act 2004 ; Council candidate means a person who is a candidate in relation to a Council election; Council division means a division, determined in accordance with the Constitution Act 1934 , for the return of a Council Member to represent the electors of that division in the Council; Council election means – (a) a Council periodic election; and (b) a Council by-election; Council election campaign return means a Council election campaign return lodged with the Commission under section 84 ; Council election expenditure has the meaning it has in section 80 ; Council Member means a person who is a member of the Council; Council periodic election means an election held, or to be held, to elect a Council Member in respect of a Council division pursuant to a writ issued under section 65 of the Electoral Act 2004 ; credit card means – (a) any article of a kind commonly known as a credit card; or (b) any similar article intended for use in obtaining cash, goods or services on credit – and includes any article of a kind that persons carrying on a business commonly issue to their customers, or prospective customers, for use in obtaining goods or services from those persons on credit; disclosure period end day, in relation to an election, means – (a) if a poll is required to be conducted in relation to the election and the election is part of an Assembly general election – the day that is 30 days after the polling day for the election; or (b) if a poll is required to be conducted in relation to the election and the election is an Assembly by-election – the day that is 30 days after the polling day for the Assembly by-election; or (c) if a poll is required to be conducted in relation to the election and the election is a Council periodic election or a Council by-election – the day that is 30 days after the polling day for the Council periodic election, or Council by-election, respectively; or (d) if section 88 of the Electoral Act 2004 applies in relation to the election and the election is a Council election or an Assembly election – the day that is 30 days after a candidate in relation to the election is publicly declared to be duly elected as a Member for a division to which the election relates; disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes the following: (a) any conveyance, transfer, assignment, settlement, delivery, payment, or other alienation, of money; (b) the allotment of shares in a company; (c) the creation of a trust in property; (d) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property; (e) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract, chose in action or interest in property; (f) the exercise by a person of a special or general power of appointment of property in favour of any other person (or a hybrid of both powers); (g) any transaction entered into by any person with intent to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person; division means an Assembly division or a Council division; division roll means a division roll prepared and kept under section 37 of the Electoral Act 2004 ; donation declaration means a donation declaration lodged under section 49 ; donor means a person who makes a political donation; election means an Assembly election or a Council election; Election Campaigns Fund means the Election Campaigns Fund established under section 131 ; election campaign period means – (a) in relation to an Assembly general election – the period beginning on whichever is the earlier of the following days: (i) the day that is 6 months before the last day by which, in accordance with the Constitution Act 1934 , such an election must be held; (ii) the day on which the dissolution of the Assembly, by virtue of which the Assembly general election is required to be held, occurs – and ending on the disclosure period end day in relation to the election; and (b) in relation to an Assembly by-election – the period beginning on the day on which a writ for the holding of the by-election is issued and ending on the disclosure period end day in relation to the election; and (c) in relation to a Council periodic election – the period beginning on 1 January of the year in which the election is to be held and ending on the disclosure period end day in relation to the election; and (d) in relation to a Council by-election – the period beginning on the day on which the seat of the Council Member to which the by-election relates becomes vacant and ending on the disclosure period end day in relation to the election; election roll means an election roll prepared under section 39 of the Electoral Act 2004 ; elector means a person whose name appears on a roll; electoral expenditure – see section 6 ; electoral matter has the same meaning as in the Electoral Act 2004 ; endorsed by a registered party – see section 10 ; enrolled has the same meaning as in the Electoral Act 2004 ; expenditure includes any disposition of property; federal account means an account in relation to which – (a) the only amounts deposited into the account are amounts to be used only for a federal purpose; and (b) the only amounts withdrawn or transferred from the account are amounts – (i) withdrawn or transferred for a federal purpose; or (ii) transferred to another federal account; federal campaign account means a federal account maintained for the purposes of an election campaign under the Commonwealth Act; federal party means a registered party that has – (a) a federal branch; and (b) 2 or more State branches that are registered parties or that are registered political parties, within the meaning of the Commonwealth Act; federal purpose means the purpose of incurring electoral expenditure, or creating or communicating electoral matter, for the purposes of an election under the Commonwealth Act; financial institution means a body corporate that carries on a business that consists of, or includes, the provision of financial services, or financial products, and that is one of the following: (a) an authorised deposit-taking institution; (b) a person prescribed, or a member of a class of persons that is prescribed, for the purposes of this paragraph, by the regulations; financial member of a registered party means a person who is a member of a registered party and who has paid a party subscription to the registered party for that purpose; financial year means the period of 12 months beginning on 1 July of a year; foreign donor means – (a) a body politic of a foreign country; and (b) a body politic of a part of a foreign country; and (c) a part of a body politic referred to in paragraph (a) or (b); and (d) a foreign public enterprise; and (e) a person that does not meet one or more of the following conditions: (i) the person is incorporated in Australia; (ii) the person's head office is in Australia; (iii) the person's principal place of activity is, or is in, Australia; and (f) a natural person who is not one or more of the following: (i) an elector; (ii) an Australian citizen; (iii) an Australian resident; (iv) a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 of the Commonwealth, or, if that Subclass ceases to exist, the kind of visa that replaces that visa; foreign public enterprise has the meaning given by section 70.1 of the Criminal Code set out in the Criminal Code Act 1995 of the Commonwealth; formal first preference, in relation to a vote recorded for a candidate at an election, means the recording of the number "1" in the box next to the candidate's name on a ballot paper, used at the election, that is not informal under section 103 of the Electoral Act 2004 ; functions includes powers and duties; gift – see section 11 ; gift in kind – see section 11(2) ; guidelines means guidelines issued by the Commission under section 173 ; independent Assembly candidate means an Assembly candidate who is not endorsed by a registered party; independent Assembly Member means an Assembly member who is not endorsed by a registered party; inspector means a person who is, under section 158 , an inspector; intending candidate means a person who has publicly declared his or her intention to become a candidate in relation to an election; interest in property means any estate, interest, right or power of any kind, whether at law or in equity, in, under or over property; loan means any of the following: (a) an advance of money; (b) a provision of credit or any other form of financial accommodation; (c) a payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount; (d) a transaction (whatever its terms or form) which in substance effects a loan of money; Member means an Assembly Member or a Council Member; minor payment means a payment of an amount of electoral expenditure of less than $50; nomination day, in relation to an election, means the day, fixed under section 67(1)(a) or section 73(1)(a) of the Electoral Act 2004 , on or before which candidates for election are to be nominated; officer, in relation to a registered party, means a person who is occupying or acting in an office or position concerned with the management of the registered party; official agent, in relation to a person, means a person who is – (a) the appointed official agent in relation to the person; or (b) by virtue of section 116 , the official agent in relation to the person; parliamentary allowance means a payment to a Member under the Parliamentary Salaries, Superannuation and Allowances Act 2012 ; party means an incorporated, or unincorporated, body of persons that exists for political purposes, and includes any branch in Tasmania of such a body that is established outside Tasmania; party agent, in relation to a registered party, means a person who is – (a) an appointed party agent in relation to the registered party; or (b) by virtue of section 109 , a party agent in relation to the registered party; party register means the register prepared and maintained by the Commission pursuant to section 52 of the Electoral Act 2004 ; party subscription means – (a) an annual or other subscription of less than $5 000 that is paid to a registered party for membership, or continuing membership, of the registered party; or (b) an annual or other subscription of less than $5 000 that is paid to a registered party by a person (including an industrial organisation) for affiliation with the party; payment includes a loan, advance or deposit; person means – (a) a natural person; and (b) an incorporated body of persons; and (c) an unincorporated body of persons; and (d) a trustee; political donation – see section 12 ; polling day, in relation to an election, means – (a) unless paragraph (b) applies to the election – the day, fixed or specified under section 67(1)(b) of the Electoral Act 2004 , on which polling for that election is to be held in the event of the election being contested; or (b) if a later day, on which polling for the election is to be held in the event of the election being contested, is fixed under section 73 of the Electoral Act 2004 – that later day; property includes money; publish means publish by any means, and includes by publication on the internet; quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December; registered means registered under this Act; registered officer means a person whose name appears in the party register as the registered officer of a registered party; registered party means a party, the name of which appears in the party register as a registered party; registered party in relation to an associated entity means – (a) the registered party, or registered parties, that control the associated entity; and (b) the registered party for the benefit of which the associated entity operates wholly or to a significant extent; and (c) the registered party of which the associated entity is a financial member; and (d) the registered party of which a person is a financial member on behalf of the associated entity; and (e) the registered party in which the associated entity has voting rights; and (f) the registered party in relation to which another person has voting rights on behalf of the associated entity; Register of Assembly Members means the Register of Assembly Members established under Division 2 of Part 10 ; Register of Associated Entities means the Register of Associated Entities established under Division 5 of Part 10 ; Register of Candidates means the Register of Candidates established under Division 1 of Part 10 ; Register of Official Agents means the Register of Official Agents established under Division 4 of Part 10 ; Register of Party Agents means the Register of Party Agents established under Division 3 of Part 10 ; Register of Third-party Campaigners means the Register of Third-party Campaigners established under Division 6 of Part 10 ; regulations means regulations under this Act; relevant business number, in relation to a person, means – (a) the Australian Business Number (ABN) in relation to the person; or (b) any other number allocated or recognised by the Australian Securities and Investments Commission for the purposes of identifying the person; relevant disclosure period means – (a) an election campaign period; and (b) a six-month period; relevant document or thing means a document (whether in writing, in electronic form or in another form), or a thing, held by or on behalf of, or that relates to – (a) a registered party or former registered party; or (b) a person who is or was a Member, candidate, intending candidate, third-party campaigner, associated entity, party agent or official agent; reportable political donation – see section 13 ; roll means the State roll, a division roll or an election roll; senior office holder, in relation to a party – see section 9 ; significant political donor means a person (not being a registered party, Member or candidate) who makes a reportable political donation; six-month period means – (a) a period beginning on 1 January in a calendar year and ending on 30 June in the year; and (b) a period beginning on 1 July in a calendar year and ending on 31 December in the year; small contribution means a political donation of less than $100; State roll means the State roll prepared and kept under section 30 of the Electoral Act 2004 ; third-party campaigner – see section 8 . (2) For the purposes of this Act, if a gift from a person to another person occurs by means of an electronic transfer of funds, the gift is taken to be made by the person, and received by the other person, on the day on which the funds are electronically received in the account of the other person. [Commences: 1 July 2025 6. Meaning of electoral expenditure (1) In this Act, electoral expenditure means, subject to this section, expenditure incurred for the dominant purpose of creating or communicating electoral matter in relation to an election. (2) Electoral expenditure includes expenditure that is to be paid or reimbursed by the State by way of payment under Part 11 from the Election Campaigns Fund. (3) Electoral expenditure does not include expenditure to the extent that the expenditure is, or is to be, otherwise paid or reimbursed by the State (including by way of payment under Part 12 from the Administration Fund) to or in relation to a person who is or was an Assembly Member or a Minister, because that person is or was an Assembly Member or Minister. (4) Electoral expenditure does not include expenditure to the extent that the expenditure is incurred by a person – (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 who engaged the person, on a commercial basis, to create or communicate electoral matter. (5) Expenditure may be electoral expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular electoral matter, or electoral matter generally, in relation to an election. (6) In addition, but subject to subsection (3) , any expenditure (including expenditure that is to be paid or reimbursed by the State by way of payment under Part 11 from the Election Campaigns Fund) that is incurred, in relation to an Assembly election, by or with the authority of – (a) a registered party, Assembly Member or Assembly candidate; or (b) an associated entity; or (c) a third-party campaigner in relation to the election – is electoral expenditure. (7) The Commission may determine whether any expenditure is or is not electoral expenditure in accordance with this Act, the regulations and the guidelines. (8) A determination of the Commission as to whether any expenditure is or is not electoral expenditure in accordance with this Act, the regulations and the guidelines, is final. (9) The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on any determination of the Commission referred to in subsection (7) . ] [Commences: 1 July 2025 7. When electoral expenditure is incurred (1) For the purposes of this Act, electoral expenditure is taken to be incurred when the services for which the expenditure is incurred are actually provided or the goods for which the expenditure is incurred are actually delivered. (2) In particular – (a) expenditure on advertising is incurred when the advertising is broadcast or published; and (b) expenditure on the production and distribution of election material is incurred when the material is distributed; and (c) expenditure on the employment of staff is incurred during the period of their employment; and (d) expenditure, that is within a class of expenditure that is prescribed by the regulations, is incurred at the time prescribed in relation to the class. ] [Commences: 1 July 2025 8. Meaning of third-party campaigner For the purposes of this Act, a person is a third-party campaigner in relation to an election if the election is an Assembly election and the person is – (a) a person who – (i) is not a registered party, Member, candidate or associated entity; and (ii) incurs, during the election campaign period in relation to the election, more than $5 000 of electoral expenditure; or (b) registered under section 127 as a third-party campaigner in relation to the election. ] [Commences: 1 July 2025 9. Meaning of senior office holder (1) For the purposes of this Act, a person is a senior office holder in relation to a party if the person is significantly involved in the management or control of the party or the operations of the party. (2) Guidelines may provide guidance as to when a senior office holder in relation to a party is to be taken to be significantly involved in the management or control of the party or the operations of the party. ] [Commences: 1 July 2025 10. Endorsement by registered party (1) For the purposes of this Act, an Assembly candidate in relation to an election is endorsed by a registered party if the candidate is registered, on the Register of Candidates in relation to the election, as being endorsed by the registered party. (2) For the purposes of this Act, an Assembly Member is endorsed by a registered party if the Assembly Member is registered, on the Register of Assembly Members, as being endorsed by the registered party. (3) A registered party may give to the Commission notice in writing that the party intends an Assembly candidate, or an Assembly Member, to be registered as endorsed by the registered party. (4) A notice by a registered party to the Commission under subsection (3) in relation to an Assembly candidate, or Assembly Member, must be accompanied by a statement, signed by the candidate or Member, that the candidate or Member accepts endorsement by the registered party. (5) A registered party may give to the Commission notice in writing that an Assembly candidate, or an Assembly Member, is to cease to be registered as endorsed by the registered party. (6) A notice by a registered party to the Commission under subsection (5) in relation to an Assembly candidate, or Assembly Member, must be accompanied by a statutory declaration, signed by a senior office holder of the registered party, declaring that the Assembly candidate, or Assembly Member, has been notified by the registered party that the candidate or Member is to cease to be registered as endorsed by the registered party. (7) An Assembly candidate or Assembly Member may give to the Commission notice in writing that the candidate, or the Member, has ceased to accept endorsement by the registered party. (8) A notice to the Commission under subsection (7) from an Assembly candidate, or Assembly Member, is to be accompanied by a statutory declaration, signed by the candidate or Member, declaring that the registered party has been notified that the candidate or Member has ceased to accept endorsement by the registered party. (9) If the Commission is notified under subsection (5) or (7) that a candidate or Member – (a) is to cease to be registered as endorsed by a registered party; or (b) has ceased to accept endorsement by the registered party – the Commission is, within 3 business days, to vary the particulars of registration of the candidate or Member under the Register of Candidates, or the Register of Assembly Members, so that the person ceases to be registered as endorsed by the registered party. ] [Commences: 1 July 2025 11. Meaning of gift and gift in kind (1) In this Act – gift means any disposition of property, made by a person to another person (otherwise than by a will), that is a disposition made – (a) without consideration in money or money's worth; or (b) with inadequate consideration – and includes a gift in kind. (2) For the purposes of this Act, the following are gifts in kind: (a) a gift of the use of facilities, by or at the direction of the person receiving the gift, solely or substantially for election campaign purposes, including the use of a room and anything reasonably necessary for the conduct of a meeting in the room, but does not include any food, drink or other gift associated with the use of the facilities; (b) the provision, for no consideration or inadequate consideration, of accommodation, vehicles, computers, or other equipment, for use solely or substantially for election campaign purposes; (c) the full or part payment by a person (other than a registered party, Member, or candidate) of electoral expenditure for advertising or other purposes incurred, or to be incurred, by the party, Member or candidate, or an agreement to make such a payment; (d) the waiving of all or any part of payment, to the person, by a registered party, Member, or candidate, of electoral expenditure for advertising incurred, or to be incurred, by the party, Member or candidate; (e) the provision of a service, for no consideration or for inadequate consideration, solely or substantially for election campaign purposes, other than the provision – (i) by any person, of voluntary labour, that does not constitute the provision of voluntary professional services; and (ii) to a registered party, by an officer in relation to the registered party or by an Assembly Member who is endorsed by the registered party, of a service (which may be, but is not required to be, a voluntary professional service). (3) The following dispositions of property are taken to be a gift for the purposes of this Act: (a) a disposition of property, to a Tasmanian branch of a registered party, from the federal branch of the party; (b) a disposition of property, to a Tasmanian branch of a registered party, from another State or Territory branch of the party; (c) a disposition of property, to a registered party, from another registered party. (4) Uncharged interest on a loan to a person, being the additional amount that would have been payable by the person if – (a) the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind; and (b) any interest payable had not been waived; and (c) any interest payments were not capitalised – is taken to be a gift to the person for the purposes of this section. (5) For the purposes of this section, the following are not taken to be a gift: (a) a party subscription paid to a registered party, a branch of a registered party or a division of a registered party; (b) a levy that – (i) is required by a registered party to be paid by a Member who is a member of the registered party; and (ii) is paid by the Member to the registered party, a branch of the registered party or a division of the registered party; (c) a fundraising contribution of $200 or less, or, if a fundraising contribution is an amount of more than $200, the first $200 of that fundraising contribution; (c) a payment under Part 11 or 12 ; (d) any other goods or services of a kind prescribed by the regulations. (6) For the purposes of subsection (5) – fundraising contribution means an amount paid by a person as a contribution, entry fee or other payment to entitle the person or another person to participate in, or otherwise obtain, a benefit from a fundraising or other venture or function (whether or not the venture or function raises funds for a person) and includes an amount paid for a ticket in a raffle or for an item at a fundraising auction. ] [Commences: 1 July 2025 12. Meaning of political donation In this Act – political donation means – (a) a gift made to, or for the benefit of, a party; and (b) a gift made to, or for the benefit of, a Member, the whole or part of which was used, or is intended by the Member to be used, by the Member – (i) solely or substantially for a purpose related to an election or to the Member's duties as a Member; or (ii) to enable the Member to make, directly or indirectly, a political donation or to incur electoral expenditure; or (iii) to reimburse the Member for making, directly or indirectly, a political donation or incurring electoral expenditure; and (c) a gift made to, or for the benefit of, a candidate in relation to an election, the whole or part of which was used, or is intended by the candidate to be used, by the candidate – (i) solely or substantially for a purpose related to the election; or (ii) to enable the candidate to make, directly or indirectly, a political donation or to incur electoral expenditure; or (iii) to reimburse the candidate for making, directly or indirectly, a political donation or incurring electoral expenditure; and (d) a gift made to, or for the benefit of, an associated entity, the whole or part of which was used, or is intended by the associated entity to be used, by the associated entity – (i) to enable the associated entity to make, directly or indirectly, a political donation or to incur electoral expenditure; or (ii) to reimburse the associated entity for making, directly or indirectly, a political donation or incurring electoral expenditure; and (e) a gift made to, or for the benefit of, a third-party campaigner in relation to an Assembly election, the whole or part of which was used, or is intended by the third-party campaigner to be used, by the third-party campaigner – (i) to enable the third-party campaigner to make, directly or indirectly, a political donation or to incur electoral expenditure in relation to the election; or (ii) to reimburse the third-party campaigner for making, directly or indirectly, a political donation or incurring electoral expenditure in relation to the election; and (f) a loan (other than from a financial institution) that, if it had been a gift, would be a political donation. ] [Commences: 1 July 2025 13. Meaning of reportable political donation (1) For the purposes of this Act, a reportable political donation is a political donation of $5 000 or more. (2) If – (a) a political donation (the first donation) of less than $5 000 is made – (i) by a person (the donor), within a financial year or an election campaign period in relation to an election; and (ii) to, or for the benefit of, a person (the gift recipient) who is an independent Assembly Member, Council Member, independent Assembly candidate or Council candidate; and (b) after the first donation is made, one or more other political donations (the other donations) of less than $5 000 are made by the same donor, to or for the benefit of the same gift recipient, and within the same financial year, or the same election campaign period, respectively; and (c) the amount of the first donation, when combined with the other donations, is $5 000 or more – the first donation and the other donations are taken to be reportable political donations made by the donor, to the gift recipient, on the first day on which the combined amount of the first donation and the other donations is $5 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount. (3) If – (a) a political donation (the first donation) of less than $5 000 is made – (i) by a person (the donor), within a financial year or an election campaign period in relation to an election; and (ii) to, or for the benefit of, a person (the gift recipient) who is a registered party, an Assembly Member who is endorsed by that registered party or an Assembly candidate who is endorsed by that registered party; and (b) after the first donation is made, one or more other political donations (the other donations) of less than $5 000 are made by the same donor, to or for the benefit of the same gift recipient and within the same financial year, or the same election campaign period, respectively; and (c) the amount of the first donation, when combined with the other donations, is $5 000 or more – the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of the same gift recipient, on the first day on which the combined amount of the first donation and the other donations is $5 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount. (4) If – (a) a political donation (the first donation) of less than $5 000 is made – (i) by a person (the donor), within a financial year or an election campaign period in relation to an election; and (ii) to, or for the benefit of, a registered party, an Assembly Member who is endorsed by that registered party or an Assembly candidate who is endorsed by that registered party; and (b) after the first donation is made, one or more other political donations (the other donations) of less than $5 000 – (i) are made by the same donor; and (ii) are made to or for the benefit of the same registered party, any Assembly Member who is endorsed by that registered party or any Assembly candidate who is endorsed by that registered party; and (iii) are made within the same financial year or the same election campaign period, respectively; and (c) the amount of the first donation, when combined with the other donations, is $5 000 or more; and (d) subsection (3) does not apply – the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of that registered party, on the first day on which the combined amount of the first donation and the other donations is $5 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount. (5) If – (a) a political donation (the first donation) of less than $5 000 is made by a person (the donor), within a financial year or an election campaign period in relation to an election, to or for the benefit of an associated entity; and (b) after the first donation is made, one or more other political donations (the other donations) of less than $5 000 are made by the same donor, to or for the benefit of the same associated entity and within the same financial year or the same election campaign period, respectively; and (c) the amount of the first donation, when combined with the other donations, is $5 000 or more – the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of the associated entity, on the first day on which the combined amount of the first donation and the other donations is $5 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount. (6) If – (a) a political donation (the first donation) of less than $5 000 is made by a person (the donor), within an election campaign period in relation to an Assembly election, to, or for the benefit of, a person (the gift recipient); and (b) the gift recipient is, or becomes, a third-party campaigner in relation to the election; and (c) after the first donation is received by the gift recipient, one or more other political donations (the other donations) of less than $5 000 are made by the same donor, to the same gift recipient and within the same election campaign period; and (d) the amount of the first donation, when combined with the other donations, is $5 000 or more – the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of the gift recipient, on whichever of the following days occurs last: (e) the first day on which the combined amount of the first donation and the other donations is $5 000 or more; (f) the day on which the gift recipient becomes a third-party campaigner – except that any of the other donations that is made after that first day is not taken to be part of that combined amount. (7) If – (a) a political donation (the first donation) of less than $5 000 is made by a person (the donor), within a financial year or an election campaign period in relation to an election, to a person (the gift recipient) who is a registered party, Member, candidate or associated entity or a third-party campaigner in relation to the election; and (b) the donor is, or becomes, a significant political donor; and (c) one or more other political donations (the other donations) of less than $5 000 are made by the same donor, within the same financial year or election campaign period, to the same gift recipient; and (d) the amount of the first donation, when combined with the other donations, is $5 000 or more – the first donation and the other donations to the gift recipient, are taken to be reportable political donations made by the significant political donor to or for the benefit of the gift recipient on whichever of the following days occurs last: (e) the first day on which the combined amount of the first donation and the other donations is $5 000 or more; (f) the day on which the donor becomes a significant political donor – except that any of the other donations that is made after that first day is not taken to be part of that combined amount. (8) For the purposes of a calculation under this section, a political donation made to or for the benefit of a person who is a Member is, if the person becomes a candidate, taken to have been a donation to or for the benefit of the candidate. ] [Commences: 1 July 2025 14. Meaning of Assembly administrative expenditure (1) For the purposes of this Act, a reference, in relation to a registered party or Assembly Member, to Assembly administrative expenditure – (a) is a reference to expenditure for administrative and operating expenses; and (b) includes a reference to the following: (i) expenditure for the administration or management of the activities of the party or Member; (ii) expenditure for conferences, seminars, meetings or similar functions at which the policies of the party or Member are discussed or formulated; (iii) expenditure on providing information to the public or a section of the public about the party or Member; (iv) expenditure on providing information to members of the party and supporters of the party or Member; (v) expenditure in respect of the audit of the financial accounts of the party or Member; (vi) expenditure on equipment and training to ensure compliance, with the obligations under this Act, by the party or by Assembly Members, or Assembly candidates, who are endorsed by the party; (vii) expenditure on the reasonable remuneration of staff engaged in an activity, referred to in this paragraph, for the party or Member (being the proportion of that remuneration that relates to the time spent on those activities); (viii) reasonable expenditure on equipment or vehicles used for the purposes of an activity, referred to in this paragraph, for the party or Member (being the proportion of the cost of their acquisition and operation that relates to the use of the equipment or vehicles for those activities); (ix) expenditure on office accommodation and equipment for staff for the party or Member; but (c) does not include a reference to the following: (i) electoral expenditure; (ii) expenditure for which a member may claim a parliamentary allowance as a Member; (iii) expenditure incurred substantially in respect of operations or activities that relate to the election of Members to a Parliament other than the Tasmanian Parliament; (iv) expenditure prescribed by the regulations. (2) The Commission may determine whether any expenditure is or is not Assembly administrative expenditure in accordance with this Act, the regulations and the guidelines. (3) A determination by the Commission as to whether any expenditure is or is not Assembly administrative expenditure in accordance with this Act, the regulations and the guidelines is final. (4) The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on a determination of the Commission under subsection (2) . ] [Commences: 1 July 2025 15. Gift, or electoral expenditure, in anticipation of person becoming candidate (1) For the purposes of this Act, a person who accepts a gift for use solely or substantially for a purpose related to the proposed candidacy of the person at a future election is taken to be a candidate when accepting the gift. (2) For the purposes of this Act, a person who makes a payment, during an election campaign period in relation to an election, for electoral expenditure for the election of the person at that election is taken to be a candidate when making the payment, unless the payment is a minor payment that is excluded by the guidelines from the operation of this subsection. ] [Commences: 1 July 2025 16. Person taken to be candidate for 30 days after polling day (1) For the purposes of this Act, a person who is a candidate in relation to an election is taken to remain a candidate for 30 days after the polling day for the election. (2) Subsection (1) does not apply to a candidate at a time when the candidate is a Member. ] [Commences: 1 July 2025 17. Disposition of property other than money taken to be gift of value of property (1) For the purposes of this Act, the amount of a donation or expenditure consisting of a disposition of property other than money is taken to be the amount equal to the value of the property disposed of. (2) For the purposes of subsection (1) – (a) if the regulations prescribe how the value of property is to be determined – the value of property disposed of is to be determined in accordance with the regulations; and (b) if guidelines, not inconsistent with the regulations, prescribe how the value of property is to be determined – the value of property disposed of is to be determined in accordance with the guidelines. (3) For the purposes of this Act, the amount of a gift that is a gift in kind consisting of the use of facilities is taken to be – (a) the value of the use of the facilities, determined – (i) if the regulations prescribe how the value is to be determined – in accordance with the regulations; and (ii) if guidelines, not inconsistent with the regulations, prescribe how the value is to be determined – in accordance with the guidelines; or (b) if there are neither regulations, nor guidelines, that prescribe how the value is to be determined – the amount that would have been payable for the lease of the facilities for the period of the use. (4) For the purposes of this Act, the amount of a gift that is a gift in kind consisting of the provision of a service is taken to be – (a) the value of the provision of the service, determined – (i) if the regulations prescribe how the value is to be determined – in accordance with the regulations; and (ii) if guidelines, not inconsistent with the regulations, prescribe how the value is to be determined – in accordance with the guidelines; or (b) if there are neither regulations, nor guidelines, that prescribe how the value is to be determined – the lowest amount that would have been ordinarily payable for the provision of the service by a reasonably competent provider of the service. (5) For the purposes of this Act – (a) the Commission may require the value of property disposed of, or the value of a gift, to be determined by a valuer appointed or approved by the Commission; and (b) if the Commission requires the value of property disposed of, or the value of a gift, to be determined by a valuer appointed or approved by the Commission, the value of the property or gift is – (i) to be determined by the valuer in accordance with this section; and (ii) to be taken to be the value so determined. ] PART 3 - Prohibited Political Donations [Commences: 1 July 2025] Division 1 - Political donations from foreign donors 18. Object of Division 1 (1) The object of this Division is to secure and promote the actual and perceived integrity of elections by reducing the risk of foreign persons and entities exerting (or being perceived to exert) undue or improper influence on the outcomes of elections. (2) This Division aims to achieve this object by restricting the receipt and use of political donations made by foreign persons or entities that do not have a legitimate connection to Australia. 19. Meaning of acceptable action In this Division – acceptable action, in relation to a gift, means the taking of any of the following actions in relation to the gift: (a) transferring to the State, for the purposes of this Division, an amount equal to the amount or value of the gift; (b) returning the gift to the donor or the person who made the gift; (c) transferring, to the donor or the person who made the gift, an amount equal to the amount or value of the gift. 20. When appropriate donor information is obtained (1) For the purposes of this Act, a person (the first person) obtains appropriate donor information in relation to a person (the donor) who is a person making a gift, or a person on whose behalf a gift is made, establishing that the donor is not a foreign donor, if the first person obtains information or a document in accordance with this section. (2) If the donor is a natural person, the appropriate donor information is – (a) the particulars relating to the natural person set out in a current Commonwealth roll; or (b) a copy of a passport, of a certificate evidencing the natural person's naturalisation or of any other document evidencing the natural person's Australian citizenship; or (c) a copy of a visa evidencing the natural person's permanent residency in Australia; or (d) a copy of the natural person's Subclass 444 (Special Category) visa under the Migration Act 1958 of the Commonwealth (or, if that Subclass ceases to exist, the kind of visa that replaces that visa); or (e) any information, or a copy of any document, prescribed by the regulations for the purposes of this subsection. (3) If the donor is a body corporate incorporated in Australia, the appropriate donor information is – (a) a copy of the certificate of the donor's incorporation in Australia; or (b) particulars of the donor's registration with the Australian Securities and Investments Commission evidencing the donor's incorporation in Australia; or (c) any information, or a copy of any document, prescribed by the regulations for the purposes of this subsection. (4) If the donor is an incorporated or unincorporated body of persons, the appropriate donor information is – (a) copies of at least 3 recent minutes or other official documents of the donor, in accordance with subsection (5) , evidencing that high-level decisions of the donor are made in Australia, such as – (i) decisions setting the operational policies of the donor; or (ii) decisions appointing officers of the donor or granting powers to such officers to carry out the donor's activities; or (iii) directions, to persons appointed to carry out the donor's activities, as to how to perform functions; or (iv) decisions on matters of finance, such as how profits are to be used; or (b) copies of at least 3 official documents of the donor establishing that the donor's activities are principally carried out in Australia, such as – (i) documents recording separately the number of staff or members of the donor in Australia, and overseas, carrying out activities for the donor; or (ii) documents recording separately the scale or volume of the activities carried out in Australia and overseas (for example by reference to revenue derived in Australia and overseas); or (c) for a donor that is a trust or foundation – a trust deed or other governing document evidencing – (i) the governing law of the trust or foundation as the law of an Australian jurisdiction; or (ii) that the head office is in Australia, or that the principal place of activity is, or is in, Australia; or (d) any information, or a copy of any document, prescribed for the purposes of this subsection by the regulations. (5) For the purposes of subsection (4)(a) , each of the minutes or other official documents must evidence a different kind of decision. (6) For the purposes of subsection (4) , information may be omitted, redacted or deleted from the minutes, documents or information. 21. Political donations by foreign donors not to be accepted in certain circumstances (1) A person (the gift recipient) contravenes this subsection if – (a) the gift recipient is – (i) a registered party, Member, candidate or associated entity; or (ii) an agent of a person referred to in subparagraph (i) ; and (b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and (c) the gift is made by, or on behalf of, a person (the donor); and (d) the donor is a foreign donor; and (e) at the time when the gift is made, the amount or value of the gift is equal to $1 000 or more; and (f) acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift is made. (2) Subsection (1) does not apply to a gift recipient, in relation to a gift made by a donor, if the gift recipient establishes that – (a) before the end of the period of 6 weeks after the gift was made, the donor stated in writing to the gift recipient that the donor was not a foreign donor; and (b) for a gift whose amount or value was, at the time when the gift was made, equal to $100 or more – before the end of the period of 6 weeks after the gift was made – (i) the gift recipient obtained in accordance with section 20 appropriate donor information establishing that the donor was not a foreign donor; or (ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and (c) in any case – the gift recipient, at no time during that period of 6 weeks, knew, or ought to have known, that the donor was a foreign donor. (3) Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that the gift was made in a private capacity to the gift recipient for the gift recipient's own personal use. (4) Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that using the gift for the purposes of an election would be inconsistent with the terms of the gift. (5) A person must not contravene subsection (1) . Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. 22. Gifts to third-party campaigners by foreign donors (1) A person (the gift recipient) contravenes this subsection if – (a) the gift recipient is, or becomes, a third-party campaigner in relation to an Assembly election; and (b) a gift is made to, or for the benefit of, the gift recipient during an election campaign period in relation to the election; and (c) the gift is made by, or on behalf of, a person (the donor); and (d) the donor is a foreign donor; and (e) at the time when the gift is made, the amount or value of the gift is equal to $1 000 or more; and (f) the gift recipient uses the gift – (i) for the purposes of incurring electoral expenditure in relation to the election; or (ii) for the dominant purpose of creating or communicating electoral matter in relation to the election; and (g) acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last. (2) Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that – (a) before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last, the donor stated in writing to the gift recipient that the donor was not a foreign donor; and (b) before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last – (i) the gift recipient obtained in accordance with section 20 appropriate donor information establishing that the donor was not a foreign donor; or (ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and (c) in any case – the gift recipient, at no time during that period of 6 weeks, knew, or ought to have known, that the donor was a foreign donor. (3) A person must not contravene subsection (1) . Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. 23. Gifts from foreign donors for purpose of incurring electoral expenditure, &c. (1) A person (the relevant person) contravenes this subsection if – (a) the relevant person is – (i) a registered party, Member, candidate or associated entity or a person who is or becomes a third-party campaigner in relation to an Assembly election; or (ii) the agent of a registered party, Member, candidate or associated entity or of a person who is or becomes a third-party campaigner in relation to an Assembly election; and (b) a gift is made, by a foreign donor, to, or for the benefit of, the registered party, Member, candidate or associated entity or the person who is or becomes a third-party campaigner; and (c) the relevant person knows that the donor is a foreign donor; and (d) the amount or value of the gift is equal to $100 or more; and (e) either of the following applies: (i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure or f