SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  5  JULY  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

   3.

Ordered - That Notice of Motion (Government Business) No. 1 and Orders of the Day (Government Business) No. 1 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

    4.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Electoral (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 read.

                 The Hon. T. G. Cameron moved on page 3, line 7, after “amended” to insert the following:

                          “—

                          (a)        by striking out from the definition of "elector" in subsection (1) "18" and substituting "17";

                          (b)”.

                 Question - That the amendment be agreed to - put.

Electoral
(Miscellaneous)
Amendment Bill.

 

            Committee divided:

Ayes, 4

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Cameron (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

 

                 The Hon. N. Xenophon moved on page 3, line 7, after “amended” to insert the following:

                          “—

                          (a)        by inserting after the definition of "undue influence" in subsection (1) the following definition:

                                                   "vehicle" includes a caravan or trailer;;

                          (b)”.

                 Question - That the amendment be agreed to - put.

 

 

            Committee divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. L. H. Davis

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

 

                          Clause No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 read.

                 The Hon. C. A. Pickles moved on page 3, lines 19 to 21, to leave out all words in these lines after “amended” in line 19 and insert the following:

                  “—

                          (a)        by striking out paragraph (c) of subsection (2) and substituting the following paragraph:

                                                   (c) the elector’s age.;

                          (b)        by striking out the note in square brackets at the foot of subsection (2);

                          (c)        by striking out subsection (3);

                          (d)        by striking out the penalty provision at the foot of subsection (5) and substituting the following:

                                                   Maximum penalty:        $10 000.;

                          (e)        by inserting after subsection (5) the following subsections:

                                                   (6) For the purposes of this section, "a person of a prescribed class" means—

                                                   (a)     a member of either of the Houses of Parliament; or

 

 

 

                                                   (b)     the registered officer of a registered political party whose membership includes at least 1000 electors; or

                                                   (c)      any other person prescribed by regulation.

                                                   (7) For the purposes of subsection (6)(b), the Electoral Commissioner may require the registered officer of a registered political party to provide such information as the Electoral Commissioner may reasonably require to determine whether a party has a membership of at least 1000 electors.”

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

   5.

At five minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   6.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By The Hon. S. M. Kanck from 5 residents of South Australia, concerning the reconciliation ferry proposal.  The Petitioners pray that this Honourable House will provide its full support to the ferry location proposal and prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project and call for the urgent support of the Premier requesting that he engage, as soon as possible, in discussions with the Ngarrindjeri community to see this exciting and creative initiative become reality.

Petitions -
No. 66 -
Reconciliation
Ferry Proposal.

 

 

                 By The Hon. S. M. Kanck from 14 residents of South Australia, concerning the transport and storage of radioactive waste in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s or the world’s nuclear waste.

No. 67 –
Transport and Storage of Radioactive
Waste in South
Australia.

 

                 By The Hon. S. M. Kanck from 220 residents of South Australia, concerning the use of GMO’s.  The Petitioners pray that this Honourable House will do all in its power to impose a moratorium on the introduction of GMO’s to the South Australian environment, therefore protecting the people of this State from the possible harmful effects such modifications may have in the long term.

No. 68 -
Use of GMO’s.

 

                 By The Hon. S. M. Kanck from 25 residents of South Australia, concerning bus services in the Adelaide Hills.  The Petitioners pray that this Honourable House will extend the metropolitan bus fare structure to cover the Adelaide Hills, including Mount Barker, Nairne, Mylor, Echunga, Meadows and Macclesfield and do all in its power to increase public transport services to towns in the Adelaide Hills and urgently extend the Nightmoves Bus Service beyond Aldgate.

No. 69 -
Bus Services in the
Adelaide Hills.

 

 

                 By The Hon. C. V. Schaefer from 17 residents of South Australia, concerning Voluntary Euthanasia.  The Petitioners pray that this Honourable House will -

·          reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;

·          move to ensure that all medical staff in all hospitals receive proper training in palliative care; and

·          move to ensure adequate funding for palliative care for terminally ill patients.

 

No. 70 -

Voluntary
Euthanasia.

    7.

The following Paper was laid upon the Table, viz.:

        By the Treasurer (The Hon. R. I. Lucas) -

                 Employment Council Report - Pointing to the Future - Response of the South Australian Government.

 

Paper.

   8.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Power Industry in South Australia.

 

Paper Tabled.

   9.

The Attorney-General tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. R. G. Kerin, M.P.) concerning Fruit Fly in South Australia.

 

Paper Tabled.

10.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Trade Measurement Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

 

Trade Measurement
(Miscellaneous)
Amendment Bill.

 

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

 

11.

On the Order of the Day being read for the Report of the Select Committee on the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Thursday, 26 July 2001.

 

Select Committee
on the Classification
(Publications, Films
and Computer
Games)
(Miscellaneous)
Amendment Bill
(No.2).

 

12.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

13.

The Minister for Transport and Urban Planning, according to order, moved - That the Medical Practice Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Medical Practice
Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Local Government) Bill.

 

In the Committee

 

                          Clause No. 2 which the Hon. N. Xenophon had moved to amend on page 4, line 6, by leaving out “Subject to subsection (2)” and inserting “Subject to subsections (2) and (3)” and after line 8, inserting:

                 “(3)  Sections 7A and 24B must be brought into operation on the same day day.” - further considered.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

Statutes
Amendment
(Local Government)
Bill.

16.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning NAIDOC Week Celebrations.

 

Paper Tabled.

  17.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electoral (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 5, which the Hon. C. A. Pickles had moved to amend on page 3, lines 19 to 21, by leaving out all words in these lines after “amended” in line 19 and inserting the following:

                  “—

                          (a)        by striking out paragraph (c) of subsection (2) and substituting the following paragraph:

                                                   (c) the elector’s age.;

                          (b)        by striking out the note in square brackets at the foot of subsection (2);

                          (c)        by striking out subsection (3);

                          (d)        by striking out the penalty provision at the foot of subsection (5) and substituting the following:

                                                   Maximum penalty:        $10 000.;

                          (e)        by inserting after subsection (5) the following subsections:

                                                   (6) For the purposes of this section, "a person of a prescribed class" means—

                                                   (a)     a member of either of the Houses of Parliament; or

                                                   (b)     the registered officer of a registered political party whose membership includes at least 1000 electors; or

 

Electoral
(Miscellaneous)
Amendment Bill.

 

                                                   (c)      any other person prescribed by regulation.

                                                   (7) For the purposes of subsection (6)(b), the Electoral Commissioner may require the registered officer of a registered political party to provide such information as the Electoral Commissioner may reasonably require to determine whether a party has a membership of at least 1000 electors.” -

                          further considered.

                 Question - That the words proposed to be struck out by the Hon. C. A. Pickles in lines 19 to 21, stand as printed - put and negatived.

                 Question - That new paragraph (a), as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put and passed.

                 Question - That new paragraph (b), as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put and passed.

                 Question - That new paragraph (c), as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put.

 

 

            Committee divided:

Ayes, 16

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

 

                 Question - That new paragraph (d), as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put and passed.

                 Question - That new paragraph (e), as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put.

 

 

           Committee divided:

Ayes, 6

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

                          Clause No. 5, as amended, agreed to.

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Attorney-General moved on page 4, after line 10, to insert the following:

                          (ab)    by striking out the definition of "parliamentary party" in subsection (1) and substituting the following definition:

 

 

 

                                                   "parliamentary party" means a political party at least one member of which is—

                                                              (a)         a member of the Parliament of South Australia; or

                                                              (b)         a senator for the State of South Australia; or

                                                              (c)          a member of the House of Representatives chosen in the State of South Australia;;”

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

18.

At two minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electoral (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 7, which the Attorney-General had moved to amend on page 4, after line 10, by inserting the following:

                          (ab)    by striking out the definition of "parliamentary party" in subsection (1) and substituting the following definition:

                                                   "parliamentary party" means a political party at least one member of which is—

                                                              (a)         a member of the Parliament of South Australia; or

                                                              (b)         a senator for the State of South Australia; or

                                                              (c)          a member of the House of Representatives chosen in the State of South Australia;;” - further considered.

                 Question - That the amendment be agreed to - put and passed.

                          Clause No. 7, as amended and otherwise amended, agreed to.

                          Clause No. 8 amended and agreed to.

                 The Hon. T. G. Cameron moved on page 5, after line 16, to insert new clause as follows:

                           Amendment of s. 42—Registration

                                    8A. Section 42 of the principal Act is amended—

                                    (a)    by striking out from subsection (2)(c) "(not being a related political party)";

                                    (b)    by striking out from subsection (2)(d) "(not being a related political party)";

                                    (c)    by inserting after subsection (3) the following subsection:

                                                             (3a) An application for the registration of a political party must be refused if, in the opinion of the Electoral Commissioner, that party is related to a registered political party.”

                 Question - That new clause No. 8A, as proposed to be inserted by the Hon. T. G. Cameron, be so inserted - put.

Electoral (Miscellaneous) Amendment
Bill.

 

Committee divided:

Ayes, 6

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

 

                 The Hon. N. Xenophon moved on page 5, after line 16, to insert new clause as follows:

                       Amendment of s. 42—Registration

                                 8A. Section 42 of the principal Act is amended—

                             (a)     by inserting after paragraph (e) of subsection (2) the following word and paragraph:

                                                   or

                                                   (f)       comprises or contains a word or set of words that constitute a distinctive aspect or part of the name of another political party1 (not being a related political party) that is a parliamentary party or a registered political party.

                                        1.            For example, the underlined words constitute distinctive aspects or parts of the names of political parties:

                                        Australian Democrats (South Australian Division Inc.)

                                        Australian Labor Party (South Australian Branch)

                                        The Liberal Party of Australia (S.A. Division)

                                        The National Party of Australia (S.A.) Inc.

                                        No Pokies Campaign Inc.

                                        SA First;

                             (b)     by inserting after subsection (2) the following subsection:

                                               (2a) Subsection (2)(f) does not apply if the relevant parliamentary party or registered political party consents to the use of a particular word or set of words.”

 

 

                 The Attorney-General moved on page 5, after line 16, to insert new clause as follows::

                       Amendment of s. 42—Registration

                                 8A. Section 42 of the principal Act is amended—

                             (a)     by inserting after paragraph (e) of subsection (2) the following word and paragraph:

                                                   or

                                                   (f)       comprises or contains a word or set of words—

                                                              (i)           that constitute a distinctive aspect or part of the name of another political party1 (not being a related political party) that is a parliamentary party or a registered political party; or

                                                              (ii)          that so nearly resemble a distinctive aspect or part of the name of another political party1 (not being a related political party) that is a parliamentary party or a registered political party that it appears that that distinctive aspect or part of that name is being adopted by the political party applying for registration.

                                        1.            For example, the underlined words constitute distinctive aspects or parts of the names of political parties:

                                        Australian Democrats (South Australian Division Inc.)

                                        Australian Labor Party (South Australian Branch)

                                        The Liberal Party of Australia (S.A. Division)

                                        The National Party of Australia (S.A.) Inc.

                                        No Pokies Campaign Inc.

                                        SA First;

                          (b)        by inserting after subsection (2) the following subsection:

                                                   (2a) Subsection (2)(f) does not apply if the relevant parliamentary party or registered political party consents to the use of a particular word or set of words.”

                 Question - That new clause No. 8A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 8A, as proposed to be inserted by the Attorney-General, be so inserted - put.

 

 

            Committee divided:

Ayes, 16

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Cameron (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

                          New clause No. 8A inserted.

                          Clauses No. 9 to No. 11 agreed to.

                 The Hon. T. G. Cameron moved on page 6, after line 15, to insert new clause as follows:

                           Amendment of s. 47—Issue of writ

                                                     11A. Section 47 of the principal Act is amended by striking out subsection (2) and substituting the following subsection:

                                    (2) If an election to fill a vacancy in the membership of the House of Assembly is declared void by the Court of Disputed Returns, the Speaker of the House of Assembly must issue a writ for a by-election.”

                 Question - That new clause No. 11A, as proposed to be inserted by the Hon.
T. G. Cameron, be so inserted - put and negatived.

                          New clause No. 11A, as proposed to be inserted by the Attorney-General, inserted.

                          Clause No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. N. Xenophon moved on page 6, lines 28 and 29, to leave out all words in these lines after “amended by” in line 28, and insert the following:

                  “striking out subsection (3) and substituting the following subsections:

                                          (3) The Electoral Commissioner may reject an application under subsection (1)(d) if—

                                        (a)     the description to which the application relates is, in the opinion of the Electoral Commissioner, obscene or frivolous; or

                                        (b)     the word or words constituting the description could not be registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(2)(e) or (f), other than where the relevant parliamentary party or registered political party has consented to the use of the relevant word or words.”

                 The Hon. T. G. Cameron moved on page 6, line 29, to leave out “subsection” and insert “subsections”.

                 Question - That all words in line 28 after “amended” down to but excluding “subsection” in line 29, stand part of the clause - put and negatived.

                 Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put and passed.

                          Clause No. 13, as amended, agreed to.

                          Clause No. 14 agreed to.

                          New clause No. 14A inserted.

                          Clause No. 15 and No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 21 agreed to.

 

 

 

                          Clause No. 22 amended and agreed to.

                          Clauses No. 23 and No. 24 agreed to.

                 The Hon. N. Xenophon moved on page 9, after line 32, to insert new clause as follows:

                       Insertion of s. 115A

                                 24A. The following section is inserted after section 115 of the principal Act:

                                        Act overrides Local Government Act

                                                   115A. (1) An electoral advertisement that complies with the provisions of this Act may be exhibited during an election period on—

                                                   (a)     private land; or

                                                   (b)     a road, or a building or structure on a road (being a road within the meaning of the Local Government Act 1999); or

                                                   (c)      a public place, other than local government land within the meaning of the Local Government Act 1999 (except to the extent that paragraph (b) applies),

                                        despite any by-law under the Local Government Act 1999 and without the need for an authorisation or permit under Part 2 of Chapter 11 of the Local Government Act 1999.

                                                   (2) Except as otherwise permitted by a council, an electoral advertisement exhibited for the purposes of a particular election on a building or structure on a road or other public place must be removed within seven days after polling day for that election (and if the electoral advertisement is not so removed, then a council may remove the electoral advertisement itself and dispose of it in such manner as the council thinks fit).

                                               (3) The reasonable costs and expenses incurred by a council in taking action under subsection (2), not exceeding an amount or amounts calculated in accordance with the regulations, may be recovered by the council as a debt from the person who authorised the exhibition or distribution of the relevant advertisement.”

 

 

                 The Attorney-General moved on page 9, after line 32, to insert new clause as follows:

                       Insertion of s. 115A

                             24A. The following section is inserted after section 115 of the principal Act:

                                        Act overrides Local Government Act by-laws

                                                   115A. (1) An electoral advertisement that complies with the provisions of this Act may be exhibited on—

                                                   (a)     private land; or

                                                   (b)     a road, or a building or structure on a road (being a road within the meaning of the Local Government Act 1999); or

                                                   (c)      a public place, other than local government land within the meaning of the Local Government Act 1999 (except to the extent that paragraph (b) applies),

                                        despite any by-law under the Local Government Act 1999 and without the need for an authorisation or permit under Part 2 of Chapter 11 of the Local Government Act 1999.

                                                   (2) Except as otherwise permitted by a council, an electoral advertisement exhibited for the purposes of a particular election on a building or structure on a road or other public place must be removed within 10 days after polling day for that election (and if the electoral advertisement is not so removed, then a council may remove the electoral advertisement itself and dispose of it in such manner as the council thinks fit).”

                 Question - That new clause No. 24A as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 24A, as proposed to be inserted by the Attorney-General, be so inserted - put and passed.

                          New clause No. 24A inserted.

                          New clause No. 24B inserted.

                 The Hon. M. J. Elliott moved on page 9, after line 32, to insert new clause as follows:

                       Insertion of s. 122A

                             24C. The following section is inserted after section 122 of the principal Act::

 

 

 

                                        Distribution of how-to-vote cards on polling day

                                                   122A. (1) A person must not, on polling day, distribute, or cause or permit to be distributed, to the public in a public place, a how-to-vote card relating to the election.

                                        Maximum Penalty:     $1 250.

                                                   (2) Subsection (1) does not apply to—

                                                   (a)     the distribution of how-to-vote cards by an officer under another provision of this Act; or

                                                   (b)     the distribution of how-to-vote cards in a newspaper or magazine; or

                                                   (c)      any other distribution authorised by the regulations.”

                 Question - That new clause No. 24C as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

                 The Hon. T. G. Cameron moved on page 9, after line 32, to insert new clause as follows:

                          Insertion of Part 13A

 

 

                             24A. The following Part is inserted after section 130 of the principal Act:

                                                                                                       PART 13A

                                                              ELECTION FUNDING AND FINANCIAL DISCLOSURE

                                                                                           DIVISION 1—PRELIMINARY

                                                   130A. (1) In this Part—

                                                   "associated entity" means an entity that—

                                                              (a)         is controlled by one or more registered political parties; or

                                                              (b)         operates wholly or mainly for the benefit of one or more registered political parties;

                                                   "broadcast" means broadcast by radio or television and "broadcaster" has a corresponding meaning;

                                                   "disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

                                                              (a)         the allotment of shares in a company; and

                                                              (b)         the creation of a trust in property; and

                                                              (c)          the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and

                                                              (d)         the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property; and

                                                              (e)          the exercise by a person of a general power of appointment of property in favour of any other person; and

                                                              (f)           any transaction entered into by any person with intent thereby 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;

                                                   "election" means an election of members of the Legislative Council or an election of a member of the House of Assembly;

                                                   "electoral expenditure", in relation to an election, means expenditure incurred (whether or not during the election period) on—

                                                              (a)         the broadcasting, during the election period, of an electoral advertisement relating to the election; or

                                                              (b)         the publishing in a journal, during the election period, of an electoral advertisement relating to the election; or

                                                              (c)          the display, during the election period, at a theatre or other place of entertainment, of an electoral advertisement relating to the election; or

                                                              (d)         the production of an electoral advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in paragraph (a), (b) or (c) ; or

 

 

 

                                                              (e)          the production of any material (not being material referred to in paragraph (a), (b) or (c)) that is required under section 112, 112A or 116 to include the name and address of the author of the material, of the person who has authorised the material, or of the person taking responsibility for its publication, and that is used during the election period; or

                                                              (f)           consultants' or advertising agents' fees in respect of—

                                                                             (i)          services provided during the election period, being services relating to the election; or

                                                                             (ii)         material relating to the election that is used during the election period; or

                                                              (g)         the carrying out, during the election period, of an opinion poll, or other research, relating to the election;

                                                   "entity" means—

                                                              (a)         an incorporated or unincorporated body; or

                                                              (b)         the trustee of a trust;

                                                   "financial controller", in relation to an entity, means—

                                                              (a)         if the entity is a company—the secretary of the company;

                                                              (b)         if the entity is the trustee of a trust—the trustee;

                                                              (c)          in other cases—the person responsible for maintaining the financial records of the entity;

                                                   "gift" means any disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration, but does not include an annual subscription paid to a political party by a person in respect of the person's membership of the party;

                                                   "group" means a group of two or more candidates nominated for election to the Legislative Council who have their names grouped together on ballot papers in accordance with section 58;

                                                  "journal" means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge;

                                                   "property" includes money;

                                                   "registered industrial organisation" means an organisation registered under the Industrial and Employee Relations Act 1994 or under a law of the Commonwealth or another State or a Territory concerning the registration of industrial organisations.

                                                   (2) For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations.

                                                   (3) For the purposes of this Part—

                                                   (a)     a body corporate and any other body corporate that is related to the first‑mentioned body corporate is to be taken to be the same person; and

                                                   (b)     the question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Law.

                                                   (4) For the purposes of this Part—

                                                   (a)     a gift made to a candidate who is a member of a group is made to the group (and not to the candidate) if it is made to the candidate for the benefit of all members of the group; and

                                                   (b)     a gift made to a group all of whose members are endorsed as candidates by the same registered political party is to be treated as a gift made to the party (and not to the group).

                                                   (5) For the purposes of this Part, electoral expenditure incurred by or with the authority of members of a group all of whose members are endorsed as candidates by the same registered political party is to be treated as electoral expenditure incurred by the party (and not by the group).

 

 

 

                                                   (6) For the purposes of this Part, a campaign committee appointed or formed to assist the campaign of a candidate or group in an election is, if the candidate is endorsed as a candidate by a registered political party, or all members of the group are endorsed as candidates by the same registered political party, to be treated as a part of the party.

                                                   (7) A reference in the Part to things done by or with the authority of a political party is, if the party is not a body corporate, to be read as a reference to things done by or with the authority of members or officers of the party on behalf of the party.

 

 

                                                                             DIVISION 2—AGENTS

                                        Appointment of agents by parties, candidates and groups

                                                   130B. (1) A political party must appoint a person to be the agent of the party for the purposes of this Part.

                                                  (2) A candidate in an election (including a member of a group of candidates) may appoint a person to be the agent of the candidate, for the purposes of this Part, in relation to the election.

                                                   (3) Subject to subsection (4), the members of a group of candidates in an election may appoint a person to be the agent of the group, for the purposes of this Part, in relation to the election.

                                                   (4) If all the members of a group of candidates have been endorsed by the same registered political party, the agent of the party is the agent of the group, for the purposes of this Part, in relation to the election.

                                                   (5) During any period during which there is no appointment in force under subsection (2) of an agent of a candidate, the candidate is to be taken to be his or her own agent for the purposes of this Part.

                                                   (6) Subject to subsection (4), during any period during which there is no appointment in force under subsection (3) of an agent of a group, the candidate whose name is to appear first in the group on the ballot papers is to be taken to be the agent of the group for the purposes of this Part.

                                        Requisites for appointment

                                                   130C. (1) An appointment of an agent under this Part has no effect unless—

                                                   (a)     the person appointed is an elector and is eligible for appointment; and

                                                   (b)     written notice of the appointment is given to the Electoral Commissioner—

                                                              (i)           if the appointment is made by a political party—by the party; and

                                                              (ii)          in any other case—by the candidate, or each member of the group, making the appointment; and

                                                   (c)      the name and address of the person appointed are set out in the notice; and

                                                   (d)     the person appointed has signed a form of consent to the appointment.

                                                   (2) A consent under subsection (1) may be incorporated in, or written on the same paper as, a notice under that subsection.

                                                   (3) If a person who is the agent of a political party, of a candidate or of a group is convicted of an offence against this Part in relation to a particular election, the person is not eligible to be appointed or to hold office as an agent for the purposes of this Part for the purposes of any subsequent election.

                                                   (4) An appointment (other than an appointment by a political party) is not effective in relation to anything required by this Part to be done—

                                                   (a)     in respect of a return under this Part in relation to an election; or

                                                   (b)     during a specified period after polling day for an election,

                                       if notice of the appointment was given to the Electoral Commissioner after the close of nominations for the election.

                                        Registration of party agents

                                                   130D. (1) The Electoral Commissioner must establish and maintain a register, to be known as the Register of Party Agents.

                                                   (2) The Register must contain the name and address of every person appointed to be an agent of a political party for the purposes of this Part.

 

 

 

                                                   (3) The appointment of an agent by a political party—

                                                   (a)     takes effect on the entry of the name and address of the agent in the Register; and

                                                   (b)     ceases to have effect if the name and address of the agent are removed from the Register.

                                                   (4) The name and address of a person may not be removed from the Register unless—

                                                   (a)     the person gives to the Electoral Commissioner written notice that he or she has resigned the appointment as agent; or

                                                   (b)     the political party that appointed the person gives to the Electoral Commissioner written notice that the person has ceased to be an agent of the party and also gives notice under this Part of the appointment of another person as agent of the party; or

                                                   (c)      the person is convicted of an offence against this Part.

                                                   (5) If a person who is an agent of a political party dies, the party by which the person was appointed must, within 28 days after the death of the person, give to the Electoral Commissioner—

                                                   (a)     written notice of the death; and

                                                   (b)     notice under this Part of the appointment of another person as agent of the party.

                                                   (6) If a person who is an agent of a political party is convicted of an offence against this Part, the party must give notice under this Part of a fresh appointment within 28 days after the conviction or, if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.

                                                   (7) An entry in the Register of Party Agents is, for all purposes, conclusive evidence that the person described in the entry is the agent, for the purposes of this Part, of the political party named in the entry.

                                        Responsibility for action in case of political parties

                                                   130E. (1) If this Part imposes an obligation—

                                                   (a)     on a political party; or

                                                   (b)     on the agent of a political party and there is no agent of the party,

                                        the obligation rests on each member of the executive committee of the party, and this Part applies to each such member as if the obligation rested on that member alone.

                                        Termination of appointment of agent of candidate or group

                                                   130F. (1) A candidate or the members of a group may, by giving written notice to the Electoral Commissioner, revoke the appointment of a person as the agent of the candidate or group, as the case may be.

                                                   (2) A notice under subsection (1) has no effect unless it is signed by the candidate or by each member of the group, as the case requires.

                                                   (3) If the agent of a candidate or group dies or resigns, the candidate or the member of the group whose name is to appear first in the group on the ballot papers must, without delay, give to the Electoral Commissioner notice in writing of the death or resignation.

                                                              DIVISION 3—DISCLOSURE OF DONATIONS

                                        Campaign donations returns for candidates or groups

                                                   130G. (1) The agent of each person (including a member of a group) who was a candidate in an election must, within 15 weeks after the polling day for the election, furnish to the Electoral Commissioner a campaign donations return for that candidate, in a form approved by the Electoral Commissioner.

                                                   (2) The agent of each group must, within 15 weeks after the polling day for an election in relation to which the members of the group had their names grouped together on the ballot papers for the election, furnish to the Electoral Commissioner a campaign donations return for that group, in a form approved by the Electoral Commissioner.

                                                   (3) Subject to this section, a campaign donations return for a candidate or a group of candidates in an election must set out—

                                                   (a)     the total amount or value of all gifts received by the candidate or group, as the case may be, during the disclosure period; and

 

 

 

                                                   (b)     the number of persons who made such gifts; and

                                                   (c)      the amount or value of each such gift; and

                                                   (d)     the date on which each such gift was made; and

                                                   (e)      in the case of each such gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—

                                                              (i)           the name of the association; and

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

                                                   (f)       in the case of each such gift purportedly made out of a trust fund or out of the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the funds of the foundation; and

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

                                                   (g)     in the case of each other such gift—the name and address of the person who made the gift.

                                                   (4) A campaign donations return need not set out—

 

 

                                                   (a)     any details required by subsection (3) in respect of a private gift made to a candidate (including a member of a group); or

                                                   (b)     any details required by subsection (3)(c) to (g) in respect of a gift if—

                                                              (i)           in the case of a gift made to a candidate (including a member of a group)—the amount or value of the gift is less than $200; or

                                                              (ii)          in the case of a gift made to a group—the amount or value of the gift is less than $1 000.

                                                   (5) For the purposes of this section—

                                                   (a)     the disclosure period is the period that commenced—

                                                              (i)           in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii))—on the day on which the person announced that he or she would be a candidate in the election or on the day on which the person was nominated as a candidate, whichever was the earlier;

                                                              (ii)          in relation to a candidate in an election who was a new candidate and when he or she became a candidate in the election, was a member of Parliament chosen by an assembly of members of both Houses of Parliament under the Constitution Act 1934 to fill a casual vacancy—on the day on which the person was so chosen to be a member of Parliament;

                                                              (iii)         in relation to a candidate in an election who was not a new candidate—at the end of 30 days after polling day for the last preceding election in which the person was a candidate;

                                                              (iv)         in relation to a group of candidates in an election—on the day on which the members of the group applied under section 58 to have their names grouped together on the ballot papers for the election,

                                                              and that ended, in any case, at the end of 30 days after polling day for the election; and

                                                   (b)     a candidate is a new candidate, in relation to an election, if the candidate had not been a candidate in an earlier election the polling day for which was within five years before the polling day for the election; and

                                                   (c)      two or more gifts (excluding private gifts) made by the same person to a candidate or group during the disclosure period are to be treated as one gift; and

 

 

 

                                                   (d)     a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.

                                        Returns by persons incurring political expenditure

                                                   130H. (1) A person (other than a registered political party, an associated entity, or a candidate) must, within 15 weeks after the polling day for a general election ("the current election"), furnish to the Electoral Commissioner a campaign donations return, in a form approved by the Electoral Commissioner, if the person incurred political expenditure of a total amount not less than $1 000 in relation to the current election or any other election during the disclosure period.

                                                   (2) Subject to this section, a campaign donations return under this section must set out—

                                                   (a)     the total amount or value of each gift received by the person during the disclosure period—

                                                              (i)           the whole or a part of which was used by the person to enable the person to incur or to reimburse the person for incurring political expenditure in relation to an election during the disclosure period; and

                                                              (ii)           the amount or value of which is not less than $1 000; and

                                                   (b)     the date on which each such gift was made; and

                                                   (c)      in the case of each such gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—

                                                              (i)           the name of the association; and

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

                                                   (d)     in the case of each such gift purportedly made out of a trust fund or out of the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the funds of the foundation; and

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

                                                   (e)      in the case of each other such gift—the name and address of the person who made the gift.

                                                   (3) For the purposes of this section—

                                                   (a)     expenditure is political expenditure if it is incurred in connection with or by way of—

                                                              (i)           publication by any means (including radio or television) of electoral matter; or

                                                              (ii)          by any other means publicly expressing views on an issue in an election; or

                                                              (iii)         the making of a gift to a political party, a candidate in an election or a group; or

                                                              (iv)         the making of a gift to a person on the understanding that that person or another person will apply, either directly or indirectly, the whole or a part of the gift as mentioned in subparagraph (i), (ii) or (iii); and

                                                   (b)     the disclosure period is the period that commenced at the end of 30 days after polling day for the last general election preceding the current election and that ended at the end of 30 days after polling day for the current election; and

                                                   (c)      two or more gifts made by the same person to another person during the disclosure period are to be treated as one gift.

                                        Returns by persons making gifts to parties or candidates

                                                   130I. (1) A person (other than a registered political party, an associated entity or a candidate) must, within 15 weeks after the polling day for an election ("the current election"), furnish to the Electoral Commissioner a campaign donations return, in a form approved by the Electoral Commissioner, if the person—

 

 

 

                                                   (a)     made a gift to a political party during the disclosure period the amount or value of which is not less than the amount prescribed for the purposes of this paragraph, or, if no amount is prescribed, $5 000; or

                                                   (b)     made a gift to a candidate in the current election or any other election during the disclosure period the amount or value of which is not less than the amount prescribed for the purposes of this paragraph, or, if no amount is prescribed, $500; or

                                                   (c)      made a gift to a person or organisation prescribed by regulation.

                                                   (2) A campaign donations return under this section must set out—

                                                   (a)     the amount and value of each gift referred to in subsection (1) made by the person during the disclosure period; and

                                                   (b)     the date on which each such gift was made; and

                                                   (c)      in the case of each such gift made to an unincorporated association, other than a registered industrial organisation—

                                                              (i)           the name of the association; and

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

                                                   (d)     in the case of each such gift purportedly made to a trust fund or paid into the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the foundation; and

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

                                                   (e)      in the case of each other such gift—the name and address of the person or organisation to whom the gift was made.

                                                   (3) For the purposes of this section—

                                                   (a)     the disclosure period is the period that commenced at the end of 30 days after polling day for the last general election preceding the current election and that ended at the end of 30 days after polling day for the current election; and

                                                   (b)     two or more gifts made by the same person to another person or organisation during the disclosure period are to be treated as one gift.

                                        Certain gifts not to be received

                                                   130J. (1) It is unlawful for a political party or a person acting on behalf of a political party to receive a gift made to or for the benefit of the party the amount or value of which is not less than $1000, unless—

                                                   (a)     the name and address of the person making the gift are known to the person receiving the gift; or

                                                  (b)     at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

                                                   (2) It is unlawful for a candidate or a member of a group or a person acting on behalf of a candidate or group to receive a gift made to or for the benefit of the candidate or the group, as the case may be, the amount or value of which is not less than—

                                                   (a)     in the case of a gift made to a candidate—$200; or

                                                   (b)     in the case of a gift made to a group—$1 000,

                                        unless—

                                                   (c)      the name and address of the person making the gift are known to the person receiving the gift; or

                                                   (d)     at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

 

 

 

                                                   (3) For the purposes of this section—

                                                   (a)     a reference to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association; and

                                                   (b)     a reference to the name and address of a person making a gift is—

                                                              (i)           in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—a reference to—

                                                                             (A)        the name of the association; and

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

                                                              (ii)          in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to—

                                                                             (A)        the names and addresses of the trustees of the fund or of the funds of the foundation; and

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

                                                   (c)      a person who is a candidate in an election is to be taken to remain a candidate for 30 days after the polling day for the election; and

                                                   (d)     persons who constituted a group in an election are to be taken to continue to constitute the same group for 30 days after the polling day for the election; and

                                                   (e)      two or more gifts made by the same person to or for the benefit of a political party, a candidate or a group are to be treated as one gift.

                                                   (4) If a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against—

                                                   (a)     in the case of a gift to or for the benefit of a political party—

                                                              (i)           if the party is a body corporate—the party; or

                                                              (ii)          in any other case—the agent of the party; or

                                                   (b)     in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

                                        Nil returns

                                                   130K. (1) If no details are required to be included in a campaign donations return under this Division for a candidate, the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.

                                                   (2) If no details are required to be included in a campaign donations return under this Division for a group, the return must nevertheless be lodged and must include a statement to the effect that no gifts were received.

                                                              DIVISION 4—ELECTORAL EXPENDITURE

                                        Electoral expenditure returns

                                                   130L. (1) The agent of each person (not being a member of a group) who was a candidate in an election must, within 15 weeks after the polling day for the election, furnish to the Electoral Commissioner an electoral expenditure return, in a form approved by the Electoral Commissioner, setting out details of all electoral expenditure in relation to the election incurred by or with the authority of the candidate.

                                                   (2) The agent of each group must, within 15 weeks after the polling day for an election in relation to which the members of the group had their names grouped together on the ballot papers for the election, furnish to the Electoral Commissioner an electoral expenditure return, in a form approved by the Electoral Commissioner, setting out details of all electoral expenditure in relation to the election incurred by or with the authority of the members of the group.

 

 

 

                                                   (3) If—

                                                   (a)     electoral expenditure in relation to an election was incurred by or with the authority of a person and not with the written authority of a registered political party or a candidate in the election; and

                                                   (b)     the total amount of the electoral expenditure was not less than $200,

                                        the person must, within 15 weeks after polling day for the election, furnish to the Electoral Commissioner an electoral expenditure return, in a form approved by the Electoral Commissioner, setting out details of the electoral expenditure in relation to the election incurred by or with the authority of the person.

                                        Electoral advertising returns by broadcasters and publishers

                                                   130M. (1) Subject to this section, where an election has taken place, each broadcaster or publisher of a journal who, during the election period, broadcast or published in the journal electoral advertisements relating to the election with the authority of a participant in the election must, within 8 weeks after the polling day for the election, furnish to the Electoral Commissioner an electoral advertising return, in a form approved by the Electoral Commissioner.

                                                   (2) An electoral advertising return in respect of an election must set out particulars—

                                                   (a)     identifying the broadcasting service by which or the journal in which each electoral advertisement relating to the election broadcast or published by the broadcaster or publisher during the election period with the authority of a participant in the election was so broadcast or published; and

                                                   (b)     identifying the person at whose request each such advertisement was broadcast or published; and

                                                   (c)      identifying the participant in the election with whose authority each such advertisement was broadcast or published; and

                                                   (d)     specifying the date on which each such advertisement was broadcast or published; and

                                                   (e)      in the case of broadcast advertisements—specifying the times between which each such advertisement was broadcast; and

                                                   (f)       in the case of advertisements published in a journal—specifying the page in the journal on which each such advertisement was published and the space in the journal occupied by each such advertisement; and

                                                   (g)     showing whether or not a charge was made by the broadcaster or publisher for each such advertisement and, if so—

                                                              (i)            specifying the amount of the charge; and

                                                              (ii)          showing whether or not the charge was at less than normal commercial rates having regard to all relevant factors.

                                                   (3) A publisher of a journal is not required to furnish a return in respect of an election if the total amount of the charges made by the publisher in respect of the publication of advertisements referred to in subsection (1) and any other advertisements relating to any other election that took place on the same day as the first-mentioned election is less than $1 000.

                                                   (4) If, under a law of the Commonwealth, a broadcaster furnishes to a body constituted under such a law a return that contains the particulars that the broadcaster is required to furnish under this section in respect of an election, it is sufficient compliance with this section if the broadcaster furnishes to the Electoral Commissioner a copy of the return furnished to that body.

                                                   (5) In this section—

                                                   "participant" in an election means—

                                                              (a)         a political party or a candidate; or

                                                              (b)         some other person by whom or with whose authority electoral expenditure was incurred in relation to the election.

 

 

 

                                        Annual reporting by government administrative units of expenditure on advertising, etc.

                                                   130N. Subject to this section, the chief executive officer of each administrative unit of the Public Service of the State must attach a statement to its annual report setting out particulars of all amounts paid by, or on behalf of, the unit during the preceding financial year to—

                                                   (a)     advertising agencies; and

                                                   (b)     market research organisations; and

                                                   (c)      polling organisations; and

                                                   (d)     direct mail organisations; and

                                                   (e)      media advertising organisations,

                                        and of the persons or organisations to whom those amounts were paid.

                                                   (2) Nothing in subsection (1) requires particulars of a payment made by an administrative unit in a financial year to be included in a statement attached to its annual report if the value of the payment is less than $1 500.

                                        Nil returns

                                                   130O. If no electoral expenditure in relation to an election was incurred by or with the authority of a particular candidate or the members of a particular group, a return under this Division in respect of the candidate or group must nevertheless be lodged and must include a statement to the effect that no expenditure of that kind was incurred by or with the authority of the candidate or the members of the group.

                                        Two or more elections on the same day

                                                   130P. If—

                                                   (a)     the polling at two or more elections took place on the same day; and

                                                   (b)     a person would, but for this subsection, be required to furnish two or more returns under this Division relating to those elections,

                                        the person may, in lieu of furnishing those returns, furnish one return, in an approved form, setting out the particulars that the person would have been required to set out in those returns.

                                                   (2) If—

                                                   (a)     a return is furnished by a person pursuant to subsection (1); and

                                                   (b)     particular electoral expenditure details of which are required to be set out in the return relates to more than one election,

                                        it is sufficient compliance with this Division if the return sets out details of the expenditure without showing the extent to which it relates to any particular election.

                                                              DIVISION 5—ANNUAL FINANCIAL RETURNS BY

                                         REGISTERED POLITICAL PARTIES AND ASSOCIATED ENTITIES

                                        Annual financial returns by registered political parties

                                                   130Q. (1) The agent of each registered political party must, within 16 weeks after the end of each financial year, furnish to the Electoral Commissioner an annual financial return in respect of the financial year, in a form approved by the Electoral Commissioner.

                                                   (2) Subject to this section, an annual financial return in respect of a financial year must set out—

                                                   (a)     the total amount received by, or on behalf of, the party during the financial year; and

                                                   (b)     the total amount paid by, or on behalf of, the party during the financial year; and

                                                   (c)      the total outstanding amount, as at the end of the financial year, of all debts incurred by or on behalf of the party; and

                                                   (d)     if the sum of the amounts received, the sum of the amounts paid, or the sum of the outstanding debts incurred, by or on behalf of the party during the financial year from or to the same person or organisation is not less than $1 500—

                                                              (i)           the amount of the sum; and

                                                              (ii)          in the case of receipts or payments, the amount of each receipt or payment and the date on which it was received or paid; and

 

 

 

                                                                             (iii)         in the case of a sum received from or paid or owed to an unincorporated association, other than a registered industrial organisation—

                                                                             (A)        the name of the association; and

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

                                                              (iv)         in the case of a sum purportedly paid out of or into or payable into a trust fund or the funds of a foundation—

                                                                             (A)        the names and addresses of the trustees of the fund or of the foundation; and

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

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

                                                   (3) For the purposes of subsection (2)(d)

                                                   (a)     in calculating the sum of the amounts received by or on behalf of the party from the same person or organisation, an amount that was received from the person or organisation in the course of a fundraising event need not be counted unless the total amount received from the person or organisation was not less than $500; and

                                                   (b)     in calculating the sum of the amounts paid by or on behalf of the party to the same person or organisation—

                                                              (i)           an amount of less than $500; or

                                                              (ii)          an amount paid under a contract of employment or an award specifying terms and conditions of employment,

                                                              need not be counted.

                                                   (4) For the purposes of this section—

                                                   (a)     a reference to an amount includes a reference to the value of a gift or bequest; and

                                                   (b)     without limiting the kinds of events that are fundraising events, events of a prescribed class are to be taken to be fundraising events if the regulations so provide; and

                                                   (c)      events of a prescribed class are to be taken not to be fundraising events if the regulations so provide; and

                                                   (d)     returns are not to include lists of party membership; and

                                                   (e)      the regulations may require greater detail to be provided in returns than is otherwise required by this section, including further breaking down of the total amounts of receipts, payments and outstanding debts.

                                        Annual returns by associated entities

                                                   130R. (1) If an entity is an associated entity at any time during a financial year, the financial controller of the entity must, within 16 weeks after the end of the financial year, furnish to the Electoral Commissioner an annual financial return in respect of the financial year, in a form approved by the Electoral Commissioner.

                                                   (2) Subject to this section, an annual financial return in respect of a financial year must set out—

                                                   (a)     the total amount received by, or on behalf of, the entity during the financial year; and

                                                   (b)     the total amount paid by, or on behalf of, the entity during the financial year; and

                                                   (c)      the total outstanding amount, as at the end of the financial year, of all debts incurred by or on behalf of the entity; and

                                                   (d)     if the sum of the amounts received, the sum of the amounts paid, or the sum of the outstanding debts incurred, by or on behalf of the entity during the financial year from or to the same person or organisation is not less than $1 500—

 

 

 

                                                              (i)           the amount of the sum; and

                                                              (ii)          in the case of receipts or payments, the amount of each receipt or payment and the date on which it was received or paid; and

                                                              (iii)         in the case of a sum received from or paid or owed to an unincorporated association, other than a registered industrial organisation—

                                                                             (A)        the name of the association; and

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

                                                              (iv)         in the case of a sum purportedly paid out of or into or payable into a trust fund or the funds of a foundation—

                                                                             (A)        the names and addresses of the trustees of the fund or of the foundation; and

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

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

                                                   (3) For the purposes of subsection (2)(d)

                                                   (a)     in calculating the sum of the amounts received by or on behalf of the entity from the same person or organisation, an amount that was received from the person or organisation in the course of a fundraising event need not be counted unless the total amount received from the person or organisation was not less than $500; and

                                                   (b)     in calculating the sum of the amounts paid by or on behalf of the entity to the same person or organisation—

                                                              (i)           an amount of less than $500; or

                                                              (ii)          an amount paid under a contract of employment or an award specifying terms and conditions of employment,

                                                              need not be counted.

                                                   (4) If any amount paid by or on behalf of the entity and required to be set out in a return under subsection (2)(d)

                                                   (a)     was paid to or for the benefit of one or more registered political parties; and

                                                   (b)     was paid out of funds generated from capital of the associated entity,

                                        the return must also set out the following details about each person who contributed to that capital after the commencement of this section:

                                                   (c)      the name and address of the person;

                                                   (d)     the total amount of the person's contributions to that capital, up to the end of the financial year.

                                                   (5) Subsection (4) does not apply to contributions that have been set out in a previous return under this section.

                                                   (6)      For the purposes of this section—

                                                   (a)     a reference to an amount includes a reference to the value of a gift or bequest; and

                                                   (b)     without limiting the kinds of events that are fundraising events, events of a prescribed class are to be taken to be fundraising events if the regulations so provide; and

                                                   (c)      events of a prescribed class are to be taken not to be fundraising events if the regulations so provide; and

                                                   (d)     amounts received or paid at a time when an entity was not an associated entity are not be counted; and

                                                   (e)      returns are not to include lists of party membership; and

                                                   (f)       the regulations may require greater detail to be provided in returns than is otherwise required by this section, including further breaking down of the total amounts of receipts, payments and outstanding debts.

 

 

 

                                                                             DIVISION 6—RELATED MATTERS

                                        Public inspection of returns

                                                   130S. (1) The Electoral Commissioner must keep at his or her principal office each return furnished to the Commissioner under this Part.

                                                   (2) Subject to this section, a person is entitled to inspect a copy of a return under this Part, without charge, during ordinary business hours at the principal office of the Electoral Commissioner.

                                                   (3) Subject to this section, a person is entitled, on payment of a fee determined by the Electoral Commissioner to be the cost of copying, to obtain a copy of a return under this Part.

                                                   (4) A person is not entitled to inspect or obtain a copy of a return until the end of eight weeks after the day before which the return was required to be furnished to the Electoral Commissioner.

                                        Records to be kept

                                                   130T. (1) If—

                                                   (a)     a person makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are or could be required to be set out in a return under this Part relating to an election; and

                                                   (b)     the record is not a record that, in the normal course of business or administration, would be transferred to some other person,

                                        the person must retain that record for at least three years commencing on the polling day for that election.

                                        Investigation, etc.

                                                   130U. (1) In this section—

                                                   "authorised officer" means a person authorised by the Electoral Commission under subsection (2).

                                                   (2) The Electoral Commissioner may, by instrument in writing signed by the Electoral Commissioner, authorise a person or a person included in a class of persons to perform duties under this section.

                                                   (3) If an authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence relating to a contravention, or possible contravention, of this Part, or relating to matters that are set out in, or are required to be set out in, a return under this Part, the authorised officer may, by notice served personally or by post on that person, require that person—

                                                   (a)     to produce, within the period and in the manner specified in the notice, such documents or other things as are referred to in the notice; or

                                                   (b)     to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce such documents or other things as are referred to in the notice.

                                                   (4) An authorised officer may require any evidence that is to be given to him or her in compliance with a notice under subsection (3) to be given on oath or affirmation and for that purpose the authorised officer may administer an oath or affirmation.

                                                   (5) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (3) to the extent that the person is capable of complying with the notice.

                                                   (6) If—

                                                   (a)     an authorised officer has reasonable grounds for suspecting that there may be, at any time within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of this Part; and

                                                   (b)     the authorised officer has reasonable grounds to believe that, if a notice under this section were issued for the production of the document of other thing, the document or other thing might be concealed, lost, mutilated or destroyed,

                                        the authorised officer may make an application to a magistrate for the issue of a warrant under subsection (7).

 

 

 

                                                   (7) Subject to subsection (8), if an application under subsection (6) is made by an authorised officer to a magistrate, the magistrate may issue a warrant authorising the authorised officer or any other person named in the warrant, with such assistance as the officer or person thinks necessary and if necessary by force—

                                                   (a)     to enter on the land or on or into the premises, vessel, aircraft or vehicle;

                                                   (b)     to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of this Part, being documents or other things of a kind described in the warrant; and

                                                   (c)      to seize any documents or other things of the kind referred to in paragraph (b).

                                                   (8) A magistrate may not issue a warrant under subsection (7) unless—

                                                   (a)     an affidavit has been furnished to the magistrate setting out the grounds on which the issue of the warrant is being sought; and

                                                   (b)     the authorised officer applying for the warrant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

                                                   (c)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

                                                   (9) If a magistrate issues a warrant under subsection (7), the magistrate must state on the affidavit furnished in accordance with subsection (8) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds so relied on.

                                                   (10) A warrant issued under subsection (7) must—

                                                   (a)     include a statement of the purpose for which the warrant is issued, which must include a reference to the contravention of this Part in relation to which the warrant is issued; and

                                                   (b)     state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                                                   (c)      include a description of the kind of documents or other things authorised to be seized; and

                                                   (d)     specify a date, not being later than one month after the date of issue of the warrant, on which the warrant ceases to have effect.

                                                   (11) If a document or other thing is seized by a person pursuant to a warrant issued under subsection (7)—

                                                   (a)     the person may retain the document or other thing for so long as is reasonably necessary for the purposes of the investigation to which the document or other thing is relevant; and

                                                   (b)     when the retention of the document or other thing by the person ceases to be reasonably necessary for those purposes, the person must cause the document or other thing to be delivered to the person who appears to be entitled to possession of it.

                                        Inability to complete returns

                                                   130V. (1) If a person who is required to furnish a return under this Part considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—

                                                   (a)     prepare the return to the extent that it is possible to do so without those particulars;

                                                   (b)     furnish the return so prepared; and

                                                   (c)      give to the Electoral Commissioner notice in writing—

                                                              (i)           identifying the return; and

                                                              (ii)          stating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and

                                                              (iii)         identifying those particulars; and

                                                              (iv)         setting out the reasons why he or he is unable to obtain those particulars; and

 

 

 

                                                              (v)          if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,

                                        and a person who complies with this subsection is not, by reason of the omission of those particulars, to be taken, for the purposes of this Part, to have furnished a return that is incomplete.

                                                   (2) If the Electoral Commissioner has been informed under subsection (1) or (3) that a person can supply particulars that have not been included in a return, the Electoral Commissioner may, by notice in writing served on that person, require the person to furnish to the Electoral Commissioner, within the period specified in the notice and in writing, those particulars and, subject to subsection (3), the person must comply with that requirement.

                                                   (3) If a person who is required to furnish particulars under subsection (2) considers that he or she is unable to obtain some or all of the particulars, the person must give to the Electoral Commissioner a written notice—

                                                   (a)     setting out the particulars (if any) that the person is able to give; and

                                                   (b)     stating that the person is unable to obtain some or all of the particulars; and

                                                   (c)      identifying the particulars the person is unable to obtain; and

                                                   (d)     setting out the reasons why the person considers he or she is unable to obtain those particulars; and

                                                   (e)      if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—setting out the name and address of that other person and the reasons why he or she believes that that other person is able to give those particulars.

                                        Amendment of returns

                                                   130W. (1) If the Electoral Commissioner is satisfied that a return under this Part contains a formal error or is subject to a formal defect, the Electoral Commissioner may amend the return to the extent necessary to correct the error or remove the defect.

                                                   (2) A person who has furnished a return under this Part may request the permission of the Electoral Commissioner to make a specified amendment of the return for the purpose of correcting an error or omission.

                                                   (3) A request under subsection (2) must—

                                                   (a)     be by notice in writing signed by the person making the request; and

                                                   (b)     be lodged with the Electoral Commissioner.

                                                   (4) If—

                                                   (a)     a request has been made under subsection (2); and

                                                   (b)     the Electoral Commissioner is satisfied that there is an error in, or omission from, the return to which the request relates,

                                        the Electoral Commissioner must permit the person making the request to amend the return in accordance with the request.

                                                   (5) If the Electoral Commissioner decides to refuse a request under subsection (2), the Electoral Commissioner must give to the person making the request written notice of the reasons for the decision and the decision is reviewable under Division I of Part 12.

                                                   (6) The amendment of a return under this section does not affect the liability of a person to be convicted of an offence against this Part arising out of the furnishing of the return.

                                        Offences

                                                   130X. (1) A person who fails to furnish a return that the person is required to furnish under this Part within the time required by this Part is guilty of an offence.

 

 

 

                                        Maximum penalty:    In the case of a return required to be furnished by the agent of a political party—$10 000.

                                                                             In any other case—$2 500.

                                                   (2) A person who furnishes a return or other information—

                                                   (a)     that the person is required to furnish under this Part; and

                                                   (b)     that contains a statement that is, to the knowledge of the person, false or misleading in a material particular,

                                        is guilty of an offence.

                                        Maximum penalty:     $5 000.

                                                   (3) A person who furnishes to another person who is required to furnish a return under this Part information—

                                                   (a)     that the person knows is required for the purposes of that return; and

                                                   (b)     that is, to that person's knowledge, false or misleading in a material particular,

                                        is guilty of an offence.

                                        Maximum penalty:     $5 000.

                                                   (4) A person who, otherwise than as referred to in this section, contravenes, or fails to comply with, a provision of this Part is guilty of an offence.

                                        Maximum penalty:     $5 000.

                                                   (5) If a person commits an offence against another provision of this section by reason of the failure to furnish a return or other information, or to do any other thing, within a particular period as required under this Part—

                                                   (a)     the obligation to furnish the return or other information, or to do the other thing, ontinues despite the expiration of the period; and

                                                   (b)     the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the failure continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for the offence; and

                                                   (c)      if the failure continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the failure continues after the conviction of not more than an amount equal to one-fifth of the maximum penalty prescribed for the offence.

                                                   (6) An allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.

                                        Non-compliance with Act does not affect election

                                               130Y. A failure of a person to comply with a provision of this Part in relation to an election does not invalidate that election.”

                 The Attorney-General moved on page 9, after line 32, to insert new clause as follows:

                       Insertion of Part 13A

                                 24A. The following Part is inserted after section 130 of the principal Act:

                                                                                                       PART 13A

                                                                             DISCLOSURE OF CAMPAIGN DONATIONS

                                                                                           DIVISION 1—PRELIMINARY

                                                   130A. (1) In this Part—

                                                   "associated entity" means an entity that—

                                                              (a)         is controlled by one or more registered political parties; or

                                                              (b)         operates wholly or mainly for the benefit of one or more registered political parties;

                                                   "disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

                                                              (a)         the allotment of shares in a company; and

                                                              (b)         the creation of a trust in property; and

 

 

 

                                                              (c)          the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property; and

                                                              (d)         the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property; and

                                                              (e)          the exercise by a person of a general power of appointment of property in favour of any other person; and

                                                              (f)           any transaction entered into by any person with intent thereby 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;

                                                   "election" means an election of members of the Legislative Council or an election of a member of the House of Assembly;

                                                   "entity" means—

                                                              (a)         an incorporated or unincorporated body; or

                                                              (b)         the trustee of a trust;

                                                   " financial controller", in relation to an entity, means—

                                                              (a)         if the entity is a company—the secretary of the company;

                                                              (b)         if the entity is the trustee of a trust—the trustee;

                                                              (c)          in other cases—the person responsible for maintaining the financial records of the entity;

                                                   "gift" means any disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration, but does not include an annual subscription paid to a political party by a person in respect of the person's membership of the party;

                                                   "group" means a group of two or more candidates nominated for election to the Legislative Council who have their names grouped together on ballot papers in accordance with section 58;

                                                   "property" includes money;

                                                   "registered industrial organisation" means an organisation registered under the Industrial and Employee Relations Act 1994 or under a law of the Commonwealth or another State or a Territory concerning the registration of industrial organisations.

                                                   (2) For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations.

                                                   (3) For the purposes of this Part—

                                                   (a)     a body corporate and any other body corporate that is related to the first‑mentioned body corporate is to be taken to be the same person; and

                                                   (b)     the question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Act 2001 of the Commonwealth.

                                                   (4) For the purposes of this Part—

                                                   (a)     a gift made to a candidate who is a member of a group is made to the group (and not to the candidate) if it is made to the candidate for the benefit of all members of the group; and

                                                   (b)     a gift made to a group all of whose members are endorsed as candidates by the same registered political party is to be treated as a gift made to the party (and not to the group); and

                                                   (c)      a gift made to a candidate who is endorsed as a candidate by a registered political party and who is not a member of a group is to be treated as a gift made to the party (and not to the candidate).

 

 

 

                                                   (5) For the purposes of this Part, a campaign committee appointed or formed to assist the campaign of a candidate or group in an election is, if the candidate is endorsed as a candidate by a registered political party, or all members of the group are endorsed as candidates by the same registered political party, to be treated as a part of the party.

                                                                             DIVISION 2—AGENTS

                                        Appointment of agents by parties, candidates and groups

                                                   130B. (1) A political party must appoint a person to be the agent of the party for the purposes of this Part.

                                                   (2) A candidate in an election (including a member of a group of candidates) may appoint a person to be the agent of the candidate, for the purposes of this Part, in relation to the election.

                                                   (3) Subject to subsection (4), the members of a group of candidates in an election may appoint a person to be the agent of the group, for the purposes of this Part, in relation to the election.

                                                   (4) If all the members of a group of candidates have been endorsed by the same registered political party, the agent of the party is the agent of the group, for the purposes of this Part, in relation to the election.

                                                   (5) During any period during which there is no appointment in force under subsection (2) of an agent of a candidate, the candidate is to be taken to be his or her own agent for the purposes of this Part.

                                                   (6) Subject to subsection (4), during any period during which there is no appointment in force under subsection (3) of an agent of a group, the candidate whose name is to appear first in the group on the ballot papers is to be taken to be the agent of the group for the purposes of this Part.

                                        Requisites for appointment

                                                   130C. (1) An appointment of an agent under this Part has no effect unless—

                                                   (a)     the person appointed is an elector and is eligible for appointment; and

                                                   (b)     written notice of the appointment is given to the Electoral Commissioner—

                                                              (i)           if the appointment is made by a political party—by the party; and

                                                              (ii)          in any other case—by the candidate, or each member of the group, making the appointment; and

                                                   (c)      the name and address of the person appointed are set out in the notice; and

                                                   (d)     the person appointed has signed a form of consent to the appointment.

                                                   (2) A consent under subsection (1) may be incorporated in, or written on the same paper as, a notice under that subsection.

                                                   (3) If a person who is the agent of a political party, of a candidate or of a group is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918 in relation to a particular State or Commonwealth election, the person is not eligible to be appointed or to hold office as an agent for the purposes of this Part for the purposes of any subsequent election.

                                                   (4) An appointment (other than an appointment by a political party) is not effective in relation to anything required by this Part to be done—

                                                   (a)     in respect of a return under this Part in relation to an election; or

                                                   (b)     during a specified period after polling day for an election,

                                        if notice of the appointment was given to the Electoral Commissioner after the close of nominations for the election.

                                        Registration of party agents

                                                   130D. (1) The Electoral Commissioner must establish and maintain a register, to be known as the Register of Party Agents.

                                                   (2) The Register must contain the name and address of every person appointed to be an agent of a political party for the purposes of this Part.

 

 

 

                                                   (3) The appointment of an agent by a political party—

                                                   (a)     takes effect on the entry of the name and address of the agent in the Register; and

                                                   (b)     ceases to have effect if the name and address of the agent are removed from the Register.

                                                   (4) The name and address of a person may not be removed from the Register unless—

                                                   (a)     the person gives to the Electoral Commissioner written notice that he or she has resigned the appointment as agent; or

                                                   (b)     the political party that appointed the person gives to the Electoral Commissioner written notice that the person has ceased to be an agent of the party and also gives notice under this Part of the appointment of another person as agent of the party; or

                                                   (c)      the person is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918.

                                                   (5) If a person who is an agent of a political party dies, the party by which the person was appointed must, within 28 days after the death of the person, give to the Electoral Commissioner—

                                                   (a)     written notice of the death; and

                                                   (b)     notice under this Part of the appointment of another person as agent of the party.

                                                   (6) If a person who is an agent of a political party is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918, the party must give notice under this Part of a fresh appointment within 28 days after the conviction or, if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.

                                                   (7) An entry in the Register of Party Agents is, for all purposes, conclusive evidence that the person described in the entry is the agent, for the purposes of this Part, of the political party named in the entry.

                                        Responsibility for action in case of political parties

                                                   130E. (1) If this Part imposes an obligation—

                                                   (a)     on a political party; or

                                                   (b)     on the agent of a political party and there is no agent of the party,

                                        the obligation rests on each member of the executive committee of the party, and this Part applies to each such member as if the obligation rested on that member alone.

                                        Termination of appointment of agent of candidate or group

                                                   130F. (1) A candidate or the members of a group may, by giving written notice to the Electoral Commissioner, revoke the appointment of a person as the agent of the candidate or group, as the case may be.

                                                   (2) A notice under subsection (1) has no effect unless it is signed by the candidate or by each member of the group, as the case requires.

                                                   (3) If the agent of a candidate or group dies or resigns, the candidate or the member of the group whose name is to appear first in the group on the ballot papers must, without delay, give to the Electoral Commissioner notice in writing of the death or resignation.

                                                              DIVISION 3—DISCLOSURE OF DONATIONS

                                        Campaign donations returns for candidates or groups

                                                   130G. (1) The agent of each person (including a member of a group) who was a candidate in an election must, within 15 weeks after the polling day for the election, furnish to the Electoral Commissioner a campaign donations return for that candidate, in a form approved by the Electoral Commissioner.

                                                   (2) The agent of each group must, within 15 weeks after the polling day for an election in relation to which the members of the group had their names grouped together on the ballot papers for the election, furnish to the Electoral Commissioner a campaign donations return for that group, in a form approved by the Electoral Commissioner.

 

 

 

                                                   (3) Subject to this section, a campaign donations return for a candidate or a group of candidates in an election must set out—

                                                   (a)     the total amount or value of all gifts received by the candidate or group, as the case may be, during the disclosure period; and

                                                   (b)     the number of persons who made such gifts; and

                                                   (c)      the amount or value of each such gift; and

                                                   (d)     the date on which each such gift was made; and

                                                   (e)      in the case of each such gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—

                                                              (i)           the name of the association; and

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

                                                   (f)       in the case of each such gift purportedly made out of a trust fund or out of the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the funds of the foundation; and

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

                                                   (g)     in the case of each other such gift—the name and address of the person who made the gift.

                                                   (4) A campaign donations return need not set out—

                                                   (a)     any details required to be furnished to the Australian Electoral Commission under Part 20 of the Commonwealth Electoral Act 1918; or

                                                   (b)     any details in respect of a private gift made to a candidate (including a member of a group); or

                                                   (c)      any details required by subsection (3)(c) to (g) in respect of a gift if—

                                                              (i)           in the case of a gift made to a candidate (including a member of a group)—the amount or value of the gift is less than $200; or

                                                              (ii)          in the case of a gift made to a group—the amount or value of the gift is less than $1 000.

                                                   (5) For the purposes of this section—

                                                   (a)     the disclosure period is the period that commenced—

                                                              (i)           in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii))—on the day on which the person announced that he or she would be a candidate in the election or on the day on which the person was nominated as a candidate, whichever was the earlier;

                                                              (ii)          in relation to a candidate in an election who was a new candidate and when he or she became a candidate in the election, was a member of Parliament chosen by an assembly of members of both Houses of Parliament under the Constitution Act 1934 to fill a casual vacancy—on the day on which the person was so chosen to be a member of Parliament;

                                                              (iii)         in relation to a candidate in an election who was not a new candidate—at the end of 30 days after polling day for the last preceding election in which the person was a candidate;

                                                              (iv)         in relation to a group of candidates in an election—on the day on which the members of the group applied under section 58 to have their names grouped together on the ballot papers for the election,

                                                              and that ended, in any case, at the end of 30 days after polling day for the election; and

 

 

 

                                                   (b)     a candidate is a new candidate, in relation to an election, if the candidate had not been a candidate in an earlier election the polling day for which was within five years before the polling day for the election; and

                                                   (c)      two or more gifts (excluding private gifts) made by the same person to a candidate or group during the disclosure period are to be treated as one gift; and

                                                   (d)     a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.

                                        Returns by persons incurring political expenditure

                                                   130H. (1) A person (other than a registered political party, an associated entity, a candidate or a member of a group) must, within 15 weeks after the polling day for a general election ("the current election"), furnish to the Electoral Commissioner a campaign donations return, in a form approved by the Electoral Commissioner, if the person incurred political expenditure of a total amount not less than $1 000 in relation to the current election or any other election during the disclosure period.

                                                   (2) Subject to this section, a campaign donations return under this section must set out—

                                                   (a)     the total amount or value of each gift received by the person during the disclosure period—

                                                              (i)           the whole or a part of which was used by the person to enable the person to incur or to reimburse the person for incurring political expenditure in relation to an election during the disclosure period; and

                                                              (ii)          the amount or value of which is not less than $1 000; and

                                                   (b)     the date on which each such gift was made; and

                                                   (c)      in the case of each such gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—

                                                              (i)           the name of the association; and

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

                                                   (d)     in the case of each such gift purportedly made out of a trust fund or out of the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the funds of the foundation; and

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

                                                   (e)      in the case of each other such gift—the name and address of the person who made the gift.

                                                   (3) For the purposes of this section—

                                                   (a)     expenditure is political expenditure if it is incurred in connection with or by way of—

                                                              (i)           publication by any means (including radio or television) of electoral matter; or

                                                              (ii)          by any other means publicly expressing views on an issue in an election; or

                                                              (iii)         the making of a gift to a political party, a candidate in an election or a group; or

                                                              (iv)         the making of a gift to a person on the understanding that that person or another person will apply, either directly or indirectly, the whole or a part of the gift as mentioned in subparagraph (i), (ii) or (iii); and

                                                   (b)     expenditure of a prescribed class is to be taken not to be political expenditure if the regulations so provide; and

 

 

 

                                                   (c)      the disclosure period is the period that commenced at the end of 30 days after polling day for the last general election preceding the current election and that ended at the end of 30 days after polling day for the current election; and

                                                   (d)     two or more gifts made by the same person to another person during the disclosure period are to be treated as one gift.

                                        Returns by persons making gifts to parties or candidates

                                                   130I. (1) A person (other than a registered political party, an associated entity, a candidate or a member of a group) must, within 15 weeks after the polling day for an election ("the current election"), furnish to the Electoral Commissioner a campaign donations return, in a form approved by the Electoral Commissioner, if the person—

                                                   (a)     made a gift to a political party during the disclosure period the amount or value of which is not less than the amount prescribed for the purposes of this paragraph, or, if no amount is prescribed, $5 000; or

                                                   (b)     made a gift to a candidate in the current election or any other election during the disclosure period the amount or value of which is not less than the amount prescribed for the purposes of this paragraph, or, if no amount is prescribed, $500; or

                                                   (c)      made a gift to a person or organisation prescribed by regulation.

                                                   (2) A campaign donations return under this section must set out—

                                                   (a)     the amount and value of each gift referred to in subsection (1) made by the person during the disclosure period; and

                                                   (b)     the date on which each such gift was made; and

                                                   (c)      in the case of each such gift made to an unincorporated association, other than a registered industrial organisation—

                                                              (i)           the name of the association; and

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

                                                   (d)     in the case of each such gift purportedly made to a trust fund or paid into the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the foundation; and

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

                                                   (e)      in the case of each other such gift—the name and address of the person or organisation to whom the gift was made.

                                                   (3) A campaign donations return need not set out—

                                                   (a)     any details required to be furnished to the Australian Electoral Commission under Part 20 of the Commonwealth Electoral Act 1918; or

                                                   (b)     any details in respect of a private gift made to a candidate (including a member of a group).

                                                   (4) For the purposes of this section—

                                                   (a)     the disclosure period is the period that commenced at the end of 30 days after polling day for the last general election preceding the current election and that ended at the end of 30 days after polling day for the current election; and

                                                   (b)     two or more gifts made by the same person to another person or organisation during the disclosure period are to be treated as one gift; and

                                                   (c)      a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.

                                        Certain gifts not to be received

                                                   130J. (1) It is unlawful for a political party or a person acting on behalf of a political party to receive a gift made to or for the benefit of the party the amount or value of which is not less than $1 000, unless—

 

 

 

                                                   (a)     the name and address of the person making the gift are known to the person receiving the gift; or

                                                   (b)     at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

                                                   (2) It is unlawful for a candidate or a member of a group or a person acting on behalf of a candidate or group to receive a gift made to or for the benefit of the candidate or the group, as the case may be, the amount or value of which is not less than—

                                                   (a)     in the case of a gift made to a candidate—$200; or

                                                   (b)     in the case of a gift made to a group—$1 000,

                                        unless—

                                                   (c)      the name and address of the person making the gift are known to the person receiving the gift; or

                                                   (d)     at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

                                                   (3) For the purposes of this section—

                                                   (a)     a reference to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association; and

                                                   (b)     a reference to the name and address of a person making a gift is—

                                                              (i)           in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation—a reference to—

                                                                             (A)        the name of the association; and

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

                                                              (ii)          in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to—

                                                                             (A)        the names and addresses of the trustees of the fund or of the funds of the foundation; and

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

                                                   (c)      a person who is a candidate in an election is to be taken to remain a candidate for 30 days after the polling day for the election; and

                                                   (d)     persons who constituted a group in an election are to be taken to continue to constitute the same group for 30 days after the polling day for the election; and

                                                   (e)      two or more gifts made by the same person to or for the benefit of a political party, a candidate or a group are to be treated as one gift.

                                                   (4) If a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against—

                                                   (a)     in the case of a gift to or for the benefit of a political party—

                                                              (i)           if the party is a body corporate—the party; or

                                                              (ii)          in any other case—the agent of the party; or

                                                   (b)     in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

 

 

 

                                        Certain loans not to be received

                                                   130K. (1) It is unlawful for a political party or a person acting on behalf of a political party to receive a loan of $1 500 or more from a person or entity other than a financial institution unless the loan is made in accordance with subsection (3).

                                                   (2) It is unlawful for a candidate or a member of a group or a person acting on behalf of a candidate or group to receive a loan of $1 500 or more from a person or entity other than a financial institution unless the loan is made in accordance with subsection (3).

                                                   (3) The receiver of the loan must keep a record of the following:

                                                   (a)     the terms and conditions of the loan; and

                                                   (b)     if the loan was received from a registered industrial organisation, other than a financial institution—

                                                              (i)           the name of the organisation; and

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

                                                   (c)      if the loan was received from an unincorporated association, other than a registered industrial association—

                                                              (i)           the name of the association; and

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

                                                   (d)     if the loan was paid out of a trust fund or out of the funds of a foundation—

                                                              (i)           the names and addresses of the trustees of the fund or of the foundation; and

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

                                                   (e)      unless paragraph (b), (c) or (d) applies—the name and address of the person or entity from whom the loan was received.

                                                   (4) For the purpose of subsection (2), a person who is a candidate in an election is taken to remain a candidate for 30 days after the polling day in the election.

                                                   (5) For the purpose of subsection (2), persons who constituted a group in an election are taken to continue to constitute the same group for 30 days after the polling day in the election.

                                                   (6) If a person receives a loan that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the loan is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against—

                                                   (a)     in the case of a loan to or for the benefit of a political party—

                                                              (i)            if the party is a body corporate—the party; or

                                                              (ii)          in any other case—the agent of the party; or

                                                   (b)     in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

                                                   (7) For the purposes of this section, if credit is provided on a credit card in respect of card transactions, the credit is to be treated as a separate loan for each transaction.

                                                   (8) In this section—

                                                   "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 business commonly issue to their customers or prospective customers for use in obtaining goods or services from those persons on credit;

                                                   "financial institution" means an entity which carries on a business that consists of, or includes, the provision of financial services or financial products and which is—

                                                              (a)         a bank; or

                                                              (b)         a credit union; or

                                                              (c)          a building society; or

                                                              (d)         an entity prescribed by the regulations for the purposes of this paragraph:

 

 

 

                                                   "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, an entity, 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.

                                        Nil returns

                                                   130L. (1) If no details are required to be included in a campaign donations return under this Division for a candidate, the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.

                                                   (2) If no details are required to be included in a campaign donations return under this Division for a group, the return must nevertheless be lodged and must include a statement to the effect that no gifts were received.

                                                       DIVISION 4—ANNUAL FINANCIAL RETURNS BY

                                        REGISTERED POLITICAL PARTIES AND ASSOCIATED ENTITIES

                                        Annual financial returns by registered political parties

                                                   130M. (1) The agent of each registered political party must, within 16 weeks after the end of each financial year, furnish to the Electoral Commissioner an annual financial return in respect of the financial year, in a form approved by the Electoral Commissioner.

                                                   (2) Subject to this section, an annual financial return in respect of a financial year must set out—

                                                   (a)     the total amount received by, or on behalf of, the party during the financial year; and

                                                   (b)     if the sum of the amounts received by or on behalf of the party during the financial year from the same person or organisation is not less than $1 500—

                                                              (i)           the amount of the sum; and

                                                              (ii)          in the case of a sum received from an unincorporated association, other than a registered industrial organisation—

                                                                             (A)        the name of the association; and

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

                                                              (iii)         in the case of a sum purportedly paid out of a trust fund or out of the funds of a foundation—

                                                                             (A)        the names and addresses of the trustees of the fund or of the foundation; and

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

                                                              (iv)         if the sum was received as a result of a loan—the information required to be kept under section 130K(3), or the name of the financial institution, as the case requires; and

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

                                                   (3) For the purposes of subsection (2)(b), in calculating the sum of the amounts received by or on behalf of the party from the same person or organisation, an amount of less than $1 500 need not be counted.

                                                   (4) An annual financial return need not set out any details required to be furnished to the Australian Electoral Commission under Part 20 of the Commonwealth Electoral Act 1918.

                                                   (5) For the purposes of this section—

                                                   (a)     a reference to an amount includes a reference to the value of a gift, loan or bequest; and

                                                   (b)     returns are not to include lists of party membership; and

 

 

 

                                                   (c)      the regulations may require greater detail to be provided in returns than is otherwise required by this section, including further breaking down of the total amounts of receipts.

                                        Annual returns by associated entities

                                                   130N. (1) If an entity is an associated entity at any time during a financial year, the financial controller of the entity must, within 16 weeks after the end of the financial year, furnish to the Electoral Commissioner an annual financial return in respect of the financial year, in a form approved by the Electoral Commissioner.

                                                   (2) Subject to this section, an annual financial return in respect of a financial year must set out—

                                                   (a)     the total amount received by, or on behalf of, the entity during the financial year; and

                                                   (b)     if the sum of the amounts received by or on behalf of the entity during the financial year from the same person or organisation is not less than $1 500—

                                                              (i)            the amount of the sum; and

                                                              (ii)          in the case of a sum received from an unincorporated association, other than a registered industrial organisation—

                                                                             (A)        the name of the association; and

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

                                                              (iii)         in the case of a sum purportedly paid out of a trust fund or out of the funds of a foundation—

                                                                             (A)        the names and addresses of the trustees of the fund or of the foundation; and

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

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

                                                   (3) For the purposes of subsection (2)(b), in calculating the sum of the amounts received by or on behalf of the entity from the same person or organisation, an amount of less than $1 500 need not be counted.

                                                   (4) An annual financial return need not set out any details required to be furnished to the Australian Electoral Commission under Part 20 of the Commonwealth Electoral Act 1918.

                                                   (5)      For the purposes of this section—

                                                   (a)     a reference to an amount includes a reference to the value of a gift, loan or bequest; and

                                                   (b)     amounts received at a time when an entity was not an associated entity are not be counted; and

                                                   (c)      returns are not to include lists of party membership; and

                                                   (d)     the regulations may require greater detail to be provided in returns than is otherwise required by this section, including further breaking down of the total amounts of receipts.

                                                                      DIVISION 5—RELATED MATTERS

                                        Public inspection of returns

                                                   130O. (1) The Electoral Commissioner must keep at his or her principal office each return furnished to the Commissioner under this Part.

                                                   (2) Subject to this section, a person is entitled to inspect a copy of a return under this Part, without charge, during ordinary business hours at the principal office of the Electoral Commissioner.

                                                   (3) Subject to this section, a person is entitled, on payment of a fee determined by the Electoral Commissioner to be the cost of copying, to obtain a copy of a return under this Part.

 

 

 

                                                   (4) A person is not entitled to inspect or obtain a copy of a return until the end of eight weeks after the day before which the return was required to be furnished to the Electoral Commissioner.

                                        Records to be kept

                                                   130P. (1) If—

                                                   (a)     a person makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are or could be required to be set out in a return under this Part relating to an election; and

                                                   (b)     the record is not a record that, in the normal course of business or administration, would be transferred to some other person,

                                        the person must retain that record for at least five years commencing on the polling day for that election.

                                        Investigation, etc.

                                                   130Q. (1) In this section—

                                                   "authorised officer" means a person authorised by the Electoral Commissioner under subsection (2).

                                                   (2) The Electoral Commissioner may, by instrument in writing signed by the Electoral Commissioner, authorise a person or a person included in a class of persons to perform duties under this section.

                                                   (3) If an authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence relating to a contravention, or possible contravention, of this Part, or relating to matters that are set out in, or are required to be set out in, a return under this Part, the authorised officer may, by notice served personally or by post on that person, require that person—

                                                   (a)     to produce, within the period and in the manner specified in the notice, such documents or other things as are referred to in the notice; or

                                                   (b)     to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce such documents or other things as are referred to in the notice.

                                                   (4) An authorised officer may require any evidence that is to be given to him or her in compliance with a notice under subsection (3) to be given on oath or affirmation and for that purpose the authorised officer may administer an oath or affirmation.

                                                   (5) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (3) to the extent that the person is capable of complying with the notice.

                                                   (6) If—

                                                   (a)     an authorised officer has reasonable grounds for suspecting that there may be, at any time within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of this Part; and

                                                   (b)     the authorised officer has reasonable grounds to believe that, if a notice under this section were issued for the production of the document of other thing, the document or other thing might be concealed, lost, mutilated or destroyed,

                                        the authorised officer may make an application to a magistrate for the issue of a warrant under subsection (7).

                                                   (7) Subject to subsection (8), if an application under subsection (6) is made by an authorised officer to a magistrate, the magistrate may issue a warrant authorising the authorised officer or any other person named in the warrant, with such assistance as the officer or person thinks necessary and if necessary by force—

                                                   (a)     to enter on the land or on or into the premises, vessel, aircraft or vehicle;

                                                   (b)     to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of this Part, being documents or other things of a kind described in the warrant; and

 

 

 

                                                   (c)      to seize any documents or other things of the kind referred to in paragraph (b).

                                                   (8) A magistrate may not issue a warrant under subsection (7) unless—

                                                   (a)     an affidavit has been furnished to the magistrate setting out the grounds on which the issue of the warrant is being sought; and

                                                   (b)     the authorised officer applying for the warrant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

                                                   (c)      the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

                                                   (9) If a magistrate issues a warrant under subsection (7), the magistrate must state on the affidavit furnished in accordance with subsection (8) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds so relied on.

                                                   (10) A warrant issued under subsection (7) must—

                                                   (a)     include a statement of the purpose for which the warrant is issued, which must include a reference to the contravention of this Part in relation to which the warrant is issued; and

                                                   (b)     state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                                                   (c)      include a description of the kind of documents or other things authorised to be seized; and

                                                   (d)     specify a date, not being later than one month after the date of issue of the warrant, on which the warrant ceases to have effect.

                                                   (11) If a document or other thing is seized by a person pursuant to a warrant issued under subsection (7)—

                                                   (a)     the person may retain the document or other thing for so long as is reasonably necessary for the purposes of the investigation to which the document or other thing is relevant; and

                                                   (b)     when the retention of the document or other thing by the person ceases to be reasonably necessary for those purposes, the person must cause the document or other thing to be delivered to the person who appears to be entitled to possession of it.

                                        Inability to complete returns

                                                   130R. (1) If a person who is required to furnish a return under this Part considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—

                                                   (a)     prepare the return to the extent that it is possible to do so without those particulars;

                                                   (b)     furnish the return so prepared; and

                                                   (c)      give to the Electoral Commissioner notice in writing—

                                                              (i)           identifying the return; and

                                                              (ii)          stating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and

                                                              (iii)         identifying those particulars; and

                                                              (iv)         setting out the reasons why he or she is unable to obtain those particulars; and

                                                              (v)          if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,

                                        and a person who complies with this subsection is not, by reason of the omission of those particulars, to be taken, for the purposes of this Part, to have furnished a return that is incomplete.

 

 

 

                                                   (2) If the Electoral Commissioner has been informed under subsection (1) or (3) that a person can supply particulars that have not been included in a return, the Electoral Commissioner may, by notice in writing served on that person, require the person to furnish to the Electoral Commissioner, within the period specified in the notice and in writing, those particulars and, subject to subsection (3), the person must comply with that requirement.

                                                   (3) If a person who is required to furnish particulars under subsection (2) considers that he or she is unable to obtain some or all of the particulars, the person must give to the Electoral Commissioner a written notice—

                                                   (a)     setting out the particulars (if any) that the person is able to give; and

                                                   (b)     stating that the person is unable to obtain some or all of the particulars; and

                                                   (c)      identifying the particulars the person is unable to obtain; and

                                                   (d)     setting out the reasons why the person considers he or she is unable to obtain those particulars; and

                                                   (e)      if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—setting out the name and address of that other person and the reasons why he or she believes that that other person is able to give those particulars.

                                        Amendment of returns

                                                   130S. (1) If the Electoral Commissioner is satisfied that a return under this Part contains a formal error or is subject to a formal defect, the Electoral Commissioner may amend the return to the extent necessary to correct the error or remove the defect.

                                                   (2) A person who has furnished a return under this Part may request the permission of the Electoral Commissioner to make a specified amendment of the return for the purpose of correcting an error or omission.

                                                   (3) A request under subsection (2) must—

                                                   (a)     be by notice in writing signed by the person making the request; and

                                                   (b)     be lodged with the Electoral Commissioner.

                                                   (4) If—

                                                   (a)     a request has been made under subsection (2); and

                                                   (b)     the Electoral Commissioner is satisfied that there is an error in, or omission from, the return to which the request relates,

                                        the Electoral Commissioner must permit the person making the request to amend the return in accordance with the request.

                                                   (5) If the Electoral Commissioner decides to refuse a request under subsection (2), the Electoral Commissioner must give to the person making the request written notice of the reasons for the decision and the decision is reviewable under Division I of Part 12.

                                                   (6) The amendment of a return under this section does not affect the liability of a person to be convicted of an offence against this Part arising out of the furnishing of the return.

                                        Offences

                                                   130T. (1) A person who fails to furnish a return that the person is required to furnish under this Part within the time required by this Part is guilty of an offence.

                                        Maximum penalty:    In the case of a return required to be furnished by the agent of a political party—$10 000.

                                                                                          In any other case—$2 500.

                                                   (2) A person who furnishes a return or other information—

                                                   (a)     that the person is required to furnish under this Part; and

                                                   (b)     that contains a statement that is, to the knowledge of the person, false or misleading in a material particular,

                                        is guilty of an offence.

                                        Maximum penalty:     $5 000.

 

 

 

                                                   (3) A person who furnishes to another person who is required to furnish a return under this Part information—

                                                   (a)     that the person knows is required for the purposes of that return; and

                                                   (b)     that is, to that person's knowledge, false or misleading in a material particular,

                                        is guilty of an offence.

                                        Maximum penalty:     $5 000.

                                                   (4) A person who, otherwise than as referred to in this section, contravenes, or fails to comply with, a provision of this Part is guilty of an offence.

                                        Maximum penalty:     $5 000.

                                                   (5) If a person commits an offence against another provision of this section by reason of the failure to furnish a return or other information, or to do any other thing, within a particular period as required under this Part—

                                                   (a)     the obligation to furnish the return or other information, or to do the other thing, continues despite the expiration of the period; and

                                                   (b)     the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the failure continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for the offence; and

                                                   (c)      if the failure continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the failure continues after the conviction of not more than an amount equal to one-fifth of the maximum penalty prescribed for the offence.

                                                   (6) An allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.

                                        Non-compliance with Act does not affect election

                                               130U. A failure of a person to comply with a provision of this Part in relation to an election does not invalidate that election.

                 The Hon. N. Xenophon moved to amend new clause No. 24C, as proposed to be inserted by the Hon. T. G. Cameron, as follows:

                          After heading to Division 3 of proposed new Part 13A, by inserting new section as follows:

                  Special campaign donations returns during election period

                          130FA. (1) During an election period, if a registered political party or a candidate (including a member of a group) for the election receives a gift the amount or value of which equals or exceeds—

                          (a)        $200; or

                          (b)        an amount which means that the registered political party or candidate has, in the preceding period of 30 days, received more than $200, in aggregate, from the same person,

                  then the agent for the political party or candidate, as the case may be, must furnish to the Electoral Commissioner an election period campaign donations return, in a form approved by the Electoral Commissioner.

                          (2) An election period campaign donations return must be furnished to the Electoral Commissioner by 5 p.m. on the first business day immediately following the day on which the relevant gift is received.

                          (3) For the purposes of this section—

                          (a)        a person is a candidate for an election if the person has announced that he or she will be a candidate in the election (even if he or she is yet to be nominated); and

                          (b)        an election period campaign donations return may relate to more than one gift made on a particular day.

                          (4) Subject to this section, an election period campaign donations return must set out, in relation to the gift, or each gift, to which the return relates—

                          (a)        the amount or value of the gift; and

 

 

 

                          (b)        the name and address of the person who made the gift.

                          (5) An election period campaign donations return is not required in relation to a private gift made to a candidate (including a member of a political party or group).

                          (6) For the purposes of this section, a gift made to a candidate is a private gift if it is made in a private capacity to the candidate solely for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the relevant election.

                          (7) In this section—

                          "business day" means a day that is not a Saturday, Sunday or public holiday.”

                 In proposed new section 130G, after paragraph (b) of subclause (4), by inserting new paragraph as follows:

                          (c)      any details previously furnished in a return under section 130FA.”

                 In proposed new section 130J, after subclause (2), by inserting new subclause as follows:

                          “(2a) During an election period, the amounts referred to in subsection (1) and (2)(b) are reduced to $200.”

                 In proposed new section 130S, by leaving out subclause (1) and inserting new subclause as follows:

                           “(1) The Electoral Commissioner must—

                          (a)        keep at his or her principal office each return furnished to the Electoral Commissioner under this Part; and

                          (b)        ensure that details of each return are made publicly available on an internet site maintained by the Electoral Commissioner.”

                 In proposed new section 130S, by leaving out subclause (4) and inserting new subclauses as follow:

                           “(4) A person is not entitled to inspect or obtain a copy of a return until one month after the day on which the return is furnished to the Electoral Commissioner.

                          (5) The Electoral Commissioner should publish details of any return on the internet—

                          (a)        in the case of an election period campaign donations returns—within 24 hours after receiving the return;

                          (b)        in any other case—within one month after receiving the return.”

                 Question - That the amendments moved by the Hon. N. Xenophon to new clause No. 24C, as proposed to be inserted by the Hon. T. G. Cameron, be agreed to - put and negatived.

                 Question - That new clause No. 24C, as proposed to be inserted by the Hon. T. G. Cameron, be agreed to - put and negatived.

                 The Hon. N. Xenophon moved to amend new clause No. 24C, as proposed to be inserted by the Attorney-General, as follows:

                 After heading to Division 3 of proposed new Part 13A, by inserting new section as follows:

        “Special campaign donations returns during election period

                      130FA. (1) During an election period, if a registered political party or a candidate (including a member of a group) for the election receives a gift the amount or value of which equals or exceeds—

                                                              (a)          $200; or

                                                   (b)     an amount which means that the registered political party or candidate has, in the preceding period of 30 days, received more than $200, in aggregate, from the same person,

                  then the agent for the political party or candidate, as the case may be, must furnish to the Electoral Commissioner an election period campaign donations return, in a form approved by the Electoral Commissioner.

                           (2) An election period campaign donations return must be furnished to the Electoral Commissioner by 5 p.m. on the first business day immediately following the day on which the relevant gift is received.

                           (3) For the purposes of this section—

                                        (a)     a person is a candidate for an election if the person has announced that he or she will be a candidate in the election (even if he or she is yet to be nominated); and

                                        (b)     an election period campaign donations return may relate to more than one gift made on a particular day.

 

 

 

                           (4) Subject to this section, an election period campaign donations return must set out, in relation to the gift, or each gift, to which the return relates—

                                       (a)     the amount or value of the gift; and

                                       (b)     the name and address of the person who made the gift.

                           (5) An election period campaign donations return is not required in relation to a private gift made to a candidate (including a member of a political party or group).

                           (6) For the purposes of this section, a gift made to a candidate is a private gift if it is made in a private capacity to the candidate solely for his or her personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the relevant election.

                           (7) In this section—

                               "business day" means a day that is not a Saturday, Sunday or public holiday.

New Clause 130G—After paragraph (c) of subclause (4) insert:

                                             (d)           any details previously furnished in a return under section 130FA.

New clause 130J—After subclause (2) insert:

                           (2a) During an election period, the amounts referred to in subsection (1) and (2)(b) are reduced to $200.

New Clause 130O—Leave out subclause (1) and insert:

                      (1) The Electoral Commissioner must—

                                        (a)     keep at his or her principal office each return furnished to the Electoral Commissioner under this Part; and

                                        (b)     ensure that details of each return are made publicly available on an internet site maintained by the Electoral Commissioner.

New Clause 130O—Leave out subclause (4) and insert:

                           (4) A person is not entitled to inspect or obtain a copy of a return until one month after the day on which the return is furnished to the Electoral Commissioner.

                           (5) The Electoral Commissioner should publish details of any return on the internet—

                      (a)     in the case of an election period campaign donations returns—within 24 hours after receiving the return;

 (b)      in any other case—within one month after receiving the return.”

                 Question - That the amendments moved by the Hon. N. Xenophon to new clause No. 24C, as proposed to be inserted by the Attorney-General, be agreed to - put and negatived.

                 Question - That new clause No. 24C, as proposed to be inserted by the Attorney-General, be agreed to - put and passed.

                          New clause No. 24C inserted.

                          Clause No. 25 agreed to.

                          Clause No. 26 read.

                 The Hon. N. Xenophon moved on page 10, after line 10, to insert the following:

                                    “(a1) The Electoral Commissioner must, by notice in writing addressed to the relevant person at his or her principal place of residence noted on the roll, notify any elector who has made a request under subsection (3) of section 27A of the principal Act of the repeal of that subsection by this Act.

                 The Hon. Attorney-General moved on page 10, after line 10, to insert the following:

                                   “(a1) Subject to subsection (1), the amendments effected to section 36 of the principal Act by this Act will apply from 1 January 2002 with respect to a political party registered under Part 6 of the principal Act immediately before the commencement of this subsection.”

                 Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put and negatived.

                 Question - That the amendment moved by the Attorney-General be agreed to - put and passed.

                          Clause No. 26, as amended and otherwise amended, agreed to.

                          Title agreed to.

_____________________

 

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments.

                 Ordered - That the Bill be recommitted in respect of clause No. 5 and No. 7.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 5 and No. 7.

 

In the Committee

 

                          Clause No. 5 reconsidered.

                 The Hon. T. G. Cameron moved on page 3, lines 19 to 21, after paragraph (d) to insert new paragraph as follows:

 “(e)     by inserting after subsection (5) the following subsection:

                    (6)  A person to whom information is provided under subsection (2) must, at the request of an elector to whom the information relates -

(a)       make that information available for inspection by the elector; and

(b)       if that information is incorrect - correct that information.”

                 Question – That the amendment be agreed to – put and negatived.

                          Reconsidered clause No. 5 agreed to.

                          Reconsidered clause No. 7 further amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Attorney-General moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Resolved - That this Bill do now pass.

 

 

20.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 17 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Taxation Measures) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 14 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes
Amendment
(Taxation
Measurers) Bill.

22.

On the Order of the Day being read for the adjourned debate on the question - That the First Home Owner Grant (New Homes) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 8 agreed to.

_____________________

 

And it being twelve of the clock:

FRIDAY 6 JULY 2001

_____________________

 

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

First Home
Owner Grant
(New Homes)
Amendment Bill.

23.

The Treasurer, according to order, moved - That the Appropriation Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

24.

Ordered - That the remaining Orders of the Day (Government Business) and Orders of the Day (Private Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

25.

Ordered – That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day
of Sitting.

26.

Council adjourned at seven minutes past twelve o’clock midnight until today at eleven
o’clock a.m.

 

_________________________

 

 

 

Adjournment.

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo