Financial Disclosure Guide for Third Parties incurring Political Expenditure

Updated: 6 July 2016

Appendix 2: Disclosure Legislative Reference Guide

Part XX of the Act deals with election funding and financial disclosure. It contains seven divisions:

  • Division 1 provides definitions relevant to the part. Note that section 4 of the Act contains definitions relevant to the Act as a whole;
  • Division 2 deals with the appointment and administration of party agents and candidate agents;
  • Division 3 deals with election funding;
  • Divisions 4 and 5 deal with the disclosure of election donations and electoral expenditure by candidates and Senate groups and disclosures by donors to political parties and candidates;
  • Division 5A deals with the annual returns of registered political parties, associated entities and third parties who incur electoral expenditure and receive any gifts/donations for political expenditure; and
  • Division 6 deals with offences, compliance investigations, incomplete and amended returns, public inspection and indexation.

The following sections underpin the financial returns disclosure scheme:

Candidate (including Senate group member) election period returns

  • election donations–s.304(2)
  • electoral expenditure–s.308 and s.309(2)
  • nil returns required–s.307(1) and s.313(1)

Senate group election period returns

  • election donations–s.304(3)
  • electoral expenditure–s308 and s.309(3)
  • returns not required if group endorsed by a single party–s.304(3A) and s.309(1A)
  • nil returns required–s.307(2) and s.313(2)

Donor election period returns

  • donations to candidates–s.305A(1)
  • donations received–s.305A(2)

Donor annual returns

  • donations to political parties–s.305B
  • donations received–s.305B(3A)

Third party annual returns

  • political expenditure–s.314AEB
  • gifts received for political expenditure–s.314AEC

Associated entity annual returns

  • receipts–s.314AEA(1)(a)
  • payments–s.314AEA(1)(b)
  • debts–s.314AEA(1)(c)
  • capital contributions–s.314AEA(3)

Political party annual returns

  • receipts–s.314AB and s.314AC
  • payments–s.314AB
  • loans–s.314AB and s.314AE

The following sections are also directly relevant to the Commonwealth funding and disclosure scheme:

  • Unlawful gifts–s.306
  • Unlawful loans–s.306A
  • Offences–s.315
  • Compliance investigations and investigations–s.316
  • Records to be kept–s.317
  • Incomplete information–s.318
  • Amendment of returns–s.319A
  • Public inspection of returns–s.320
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