Part 1 Preliminary

1 Short title

This Act may be cited as the Electoral Disclosure and Funding Act 2023 .

2 Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3 Objects of Act

The objects of this Act are –

(a) to establish a scheme for the fair and transparent disclosure of political donations and electoral expenditure; and

(b) to facilitate public awareness of political donations and electoral expenditure; and

(c) to help prevent undue influence, by significant political donors and foreign donors, in the government of the State and to help prevent corruption; and

(d) to establish a scheme for the fair and transparent public funding of participation in Assembly elections, and for funding of Assembly administrative expenditure, recognising the importance of the appropriate use of public revenue for those purposes; and

(e) to promote compliance, with the requirements of this Act, by parties, Members, candidates, intending candidates, party agents, official agents, associated entities, third-party campaigners and donors.

4 Implied freedom of political communication

This Act does not apply to a person to the extent that any constitutional doctrine of implied freedom of political communication would be infringed if this Act were to apply to the person.

Part 2 Interpretation

5 Interpretation

(1)  In this Act, unless the contrary intention appears –

Administration Fund means the Administration Fund established under section 146 ;

amended Assembly election campaign return means an amended Assembly election campaign return that is lodged with the Commission under section 73 ;

amended Council election campaign return means an amended Council election campaign return that is lodged with the Commission under section 86 ;

amended donation declaration means an amended donation declaration that is lodged with the Commission under section 51 ;

appointed official agent, in relation to a person, means the natural person who is appointed under section 114(4)(a) to be the official agent in relation to the person;

appointed party agent, in relation to a party, means the natural person who is appointed under section 107(4)(a) to be the party agent in relation to the person;

approved means approved by the Commission;

Assembly means the House of Assembly of the Parliament of Tasmania;

Assembly administrative expenditure – see section 14 ;

Assembly by-election means an election to elect a Member in respect of an Assembly division pursuant to a writ issued under section 64 of the Electoral Act 2004 ;

Assembly candidate means a person who is a candidate in relation to an Assembly election;

Assembly division means a division, determined in accordance with the Constitution Act 1934 , for the return of Members to represent the electors of that division in the Assembly;

Assembly election means –

(a) an election, forming part of an Assembly general election, to elect an Assembly Member in respect of an Assembly division; and

(b) an Assembly by-election;

Assembly election campaign return means an Assembly election campaign return lodged under section 71 ;

Assembly general election means the elections held, or to be held, contemporaneously to elect Members in respect of all Assembly divisions pursuant to writs issued under section 63 of the Electoral Act 2004 ;

Assembly Member means a person who is a member of the Assembly;

associated entity means –

(a) an incorporated, or unincorporated, body of persons that is controlled by one or more registered parties; and

(b) an incorporated, or unincorporated, body of persons that operates wholly, or to a significant extent, for the benefit of one or more registered parties; and

(c) an incorporated, or unincorporated, body of persons that is a financial member of a registered party; and

(d) an incorporated, or unincorporated, body of persons on whose behalf another person is a financial member of a registered party; and

(e) an incorporated, or unincorporated, body of persons that has voting rights in a registered party; and

(f) an incorporated, or unincorporated, body of persons on whose behalf another person has voting rights in a registered party;

auditor means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth;

campaign account means a campaign account kept in accordance with Part 9 ;

candidate, in relation to an election, means –

(a) a person who has been publicly announced under section 87 of the Electoral Act 2004 as a candidate at the election; and

(b) a person to whom section 15 or section 16 applies in relation to the election; and

(c) a person who is registered as a candidate in relation to the election;

Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004 ;

Commission website means a website, maintained by the Commission, that is ordinarily available for viewing by members of the public;

Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth;

Commonwealth roll means the roll of the electors for the State of Tasmania required by section 81 of the Commonwealth Act;

Council means the Legislative Council of the Parliament of Tasmania;

Council by-election means an election to elect a Council Member in respect of a Council division pursuant to a writ issued under section 66 of the Electoral Act 2004 ;

Council candidate means a person who is a candidate in relation to a Council election;

Council division means a division, determined in accordance with the Constitution Act 1934 , for the return of a Council Member to represent the electors of that division in the Council;

Council election means –

(a) a Council periodic election; and

(b) a Council by-election;

Council election campaign return means a Council election campaign return lodged with the Commission under section 84 ;

Council election expenditure has the meaning it has in section 80 ;

Council Member means a person who is a member of the Council;

Council periodic election means an election held, or to be held, to elect a Council Member in respect of a Council division pursuant to a writ issued under section 65 of the Electoral Act 2004 ;

credit card means –

(a) any article of a kind commonly known as a credit card; or

(b) any similar article intended for use in obtaining cash, goods or services on credit –

and includes any article of a kind that persons carrying on a business commonly issue to their customers, or prospective customers, for use in obtaining goods or services from those persons on credit;

disclosure period end day, in relation to an election, means –

(a) if a poll is required to be conducted in relation to the election and the election is part of an Assembly general election – the day that is 30 days after the polling day for the election; or

(b) if a poll is required to be conducted in relation to the election and the election is an Assembly by-election – the day that is 30 days after the polling day for the Assembly by-election; or

(c) if a poll is required to be conducted in relation to the election and the election is a Council periodic election or a Council by-election – the day that is 30 days after the polling day for the Council periodic election, or Council by-election, respectively; or

(d) if section 88 of the Electoral Act 2004 applies in relation to the election and the election is a Council election or an Assembly election – the day that is 30 days after a candidate in relation to the election is publicly declared to be duly elected as a Member for a division to which the election relates;

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes the following:

(a) any conveyance, transfer, assignment, settlement, delivery, payment, or other alienation, of money;

(b) the allotment of shares in a company;

(c) the creation of a trust in property;

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

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

(f) the exercise by a person of a special or general power of appointment of property in favour of any other person (or a hybrid of both powers);

(g) any transaction entered into by any person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of any other person;

division means an Assembly division or a Council division;

division roll means a division roll prepared and kept under section 37 of the Electoral Act 2004 ;

donation declaration means a donation declaration lodged under section 49 ;

donor means a person who makes a political donation;

election means an Assembly election or a Council election;

Election Campaigns Fund means the Election Campaigns Fund established under section 131 ;

election campaign period means –

(a) in relation to an Assembly general election – the period beginning on whichever is the earlier of the following days:

(i) the day that is 6 months before the last day by which, in accordance with the Constitution Act 1934 , such an election must be held;

(ii) the day on which the dissolution of the Assembly, by virtue of which the Assembly general election is required to be held, occurs –

and ending on the disclosure period end day in relation to the election; and

(b) in relation to an Assembly by-election – the period beginning on the day on which a writ for the holding of the by-election is issued and ending on the disclosure period end day in relation to the election; and

(c) in relation to a Council periodic election – the period beginning on 1 January of the year in which the election is to be held and ending on the disclosure period end day in relation to the election; and

(d) in relation to a Council by-election – the period beginning on the day on which the seat of the Council Member to which the by-election relates becomes vacant and ending on the disclosure period end day in relation to the election;

election roll means an election roll prepared under section 39 of the Electoral Act 2004 ;

elector means a person whose name appears on a roll;

electoral expenditure – see section 6 ;

electoral matter has the same meaning as in the Electoral Act 2004 ;

endorsed by a registered party – see section 10 ;

enrolled has the same meaning as in the Electoral Act 2004 ;

expenditure includes any disposition of property;

federal account means an account in relation to which –

(a) the only amounts deposited into the account are amounts to be used only for a federal purpose; and

(b) the only amounts withdrawn or transferred from the account are amounts –

(i) withdrawn or transferred for a federal purpose; or

(ii) transferred to another federal account;

federal campaign account means a federal account maintained for the purposes of an election campaign under the Commonwealth Act;

federal party means a registered party that has –

(a) a federal branch; and

(b) 2 or more State branches that are registered parties or that are registered political parties, within the meaning of the Commonwealth Act;

federal purpose means the purpose of incurring electoral expenditure, or creating or communicating electoral matter, for the purposes of an election under the Commonwealth Act;

financial institution means a body corporate that carries on a business that consists of, or includes, the provision of financial services, or financial products, and that is one of the following:

(a) an authorised deposit-taking institution;

(b) a person prescribed, or a member of a class of persons that is prescribed, for the purposes of this paragraph, by the regulations;

financial member of a registered party means a person who is a member of a registered party and who has paid a party subscription to the registered party for that purpose;

financial year means the period of 12 months beginning on 1 July of a year;

foreign donor means –

(a) a body politic of a foreign country; and

(b) a body politic of a part of a foreign country; and

(c) a part of a body politic referred to in paragraph (a) or (b); and

(d) a foreign public enterprise; and

(e) a person that does not meet one or more of the following conditions:

(i) the person is incorporated in Australia;

(ii) the person’s head office is in Australia;

(iii) the person’s principal place of activity is, or is in, Australia; and

(f) a natural person who is not one or more of the following:

(i) an elector;

(ii) an Australian citizen;

(iii) an Australian resident;

(iv) a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 of the Commonwealth, or, if that Subclass ceases to exist, the kind of visa that replaces that visa;

foreign public enterprise has the meaning given by section 70.1 of the Criminal Code set out in the Criminal Code Act 1995 of the Commonwealth;

formal first preference, in relation to a vote recorded for a candidate at an election, means the recording of the number "1" in the box next to the candidate's name on a ballot paper, used at the election, that is not informal under section 103 of the Electoral Act 2004 ;

functions includes powers and duties;

gift – see section 11 ;

gift in kind – see section 11(2) ;

guidelines means guidelines issued by the Commission under section 173 ;

independent Assembly candidate means an Assembly candidate who is not endorsed by a registered party;

independent Assembly Member means an Assembly member who is not endorsed by a registered party;

inspector means a person who is, under section 158 , an inspector;

intending candidate means a person who has publicly declared his or her intention to become a candidate in relation to an election;

interest in property means any estate, interest, right or power of any kind, whether at law or in equity, in, under or over property;

loan means any of the following:

(a) an advance of money;

(b) a provision of credit or any other form of financial accommodation;

(c) a payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount;

(d) a transaction (whatever its terms or form) which in substance effects a loan of money;

Member means an Assembly Member or a Council Member;

minor payment means a payment of an amount of electoral expenditure of less than $50;

[Section 5 Subsection (1) amended by No. 1 of 2025, s. 4, Applied:01 Jul 2025] monthly period means the period beginning on the first day of a calendar month and ending on the last day of that calendar month;

nomination day, in relation to an election, means the day, fixed under section 67(1)(a) or section 73(1)(a) of the Electoral Act 2004 , on or before which candidates for election are to be nominated;

officer, in relation to a registered party, means a person who is occupying or acting in an office or position concerned with the management of the registered party;

official agent, in relation to a person, means a person who is –

(a) the appointed official agent in relation to the person; or

(b) by virtue of section 116 , the official agent in relation to the person;

parliamentary allowance means a payment to a Member under the Parliamentary Salaries, Superannuation and Allowances Act 2012 ;

party means an incorporated, or unincorporated, body of persons that exists for political purposes, and includes any branch in Tasmania of such a body that is established outside Tasmania;

party agent, in relation to a registered party, means a person who is –

(a) an appointed party agent in relation to the registered party; or

(b) by virtue of section 109 , a party agent in relation to the registered party;

party register means the register prepared and maintained by the Commission pursuant to section 52 of the Electoral Act 2004 ;

[Section 5 Subsection (1) amended by No. 1 of 2025, s. 4, Applied:01 Jul 2025]

[Section 5 Subsection (1) amended by No. 1 of 2025, s. 4, Applied:01 Jul 2025] party subscription means –

(a) an annual subscription of less than $1 000, or other subscription of less than $1 000 in total during a financial year, that is paid to a registered party for membership, or continuing membership, of the registered party; or

(b) an annual subscription of less than $1 000, or other subscription of less than $1 000 in total during a financial year, that is paid to a registered party by a person (including an industrial organisation) for affiliation with the party;

payment includes a loan, advance or deposit;

person means –

(a) a natural person; and

(b) an incorporated body of persons; and

(c) an unincorporated body of persons; and

(d) a trustee;

political donation – see section 12 ;

polling day, in relation to an election, means –

(a) unless paragraph (b) applies to the election – the day, fixed or specified under section 67(1)(b) of the Electoral Act 2004 , on which polling for that election is to be held in the event of the election being contested; or

(b) if a later day, on which polling for the election is to be held in the event of the election being contested, is fixed under section 73 of the Electoral Act 2004  – that later day;

property includes money;

publish means publish by any means, and includes by publication on the internet;

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December;

registered means registered under this Act;

registered officer means a person whose name appears in the party register as the registered officer of a registered party;

registered party means a party, the name of which appears in the party register as a registered party;

registered party in relation to an associated entity means –

(a) the registered party, or registered parties, that control the associated entity; and

(b) the registered party for the benefit of which the associated entity operates wholly or to a significant extent; and

(c) the registered party of which the associated entity is a financial member; and

(d) the registered party of which a person is a financial member on behalf of the associated entity; and

(e) the registered party in which the associated entity has voting rights; and

(f) the registered party in relation to which another person has voting rights on behalf of the associated entity;

Register of Assembly Members means the Register of Assembly Members established under Division 2 of Part 10 ;

Register of Associated Entities means the Register of Associated Entities established under Division 5 of Part 10 ;

Register of Candidates means the Register of Candidates established under Division 1 of Part 10 ;

Register of Official Agents means the Register of Official Agents established under Division 4 of Part 10 ;

Register of Party Agents means the Register of Party Agents established under Division 3 of Part 10 ;

Register of Third-party Campaigners means the Register of Third-party Campaigners established under Division 6 of Part 10 ;

regulations means regulations under this Act;

relevant business number, in relation to a person, means –

(a) the Australian Business Number (ABN) in relation to the person; or

(b) any other number allocated or recognised by the Australian Securities and Investments Commission for the purposes of identifying the person;

relevant disclosure period means –

(a) an election campaign period; and

(b) [Section 5 Subsection (1) amended by No. 1 of 2025, s. 4, Applied:01 Jul 2025] a monthly period;

relevant document or thing means a document (whether in writing, in electronic form or in another form), or a thing, held by or on behalf of, or that relates to –

(a) a registered party or former registered party; or

(b) a person who is or was a Member, candidate, intending candidate, third-party campaigner, associated entity, party agent or official agent;

reportable political donation – see section 13 ;

roll means the State roll, a division roll or an election roll;

senior office holder, in relation to a party – see section 9 ;

significant political donor means a person (not being a registered party, Member or candidate) who makes a reportable political donation;

[Section 5 Subsection (1) amended by No. 1 of 2025, s. 4, Applied:01 Jul 2025]

small contribution means a political donation of less than $100;

State roll means the State roll prepared and kept under section 30 of the Electoral Act 2004 ;

third-party campaigner – see section 8 .

(2)  For the purposes of this Act, if a gift from a person to another person occurs by means of an electronic transfer of funds, the gift is taken to be made by the person, and received by the other person, on the day on which the funds are electronically received in the account of the other person.

6 Meaning of electoral expenditure

(1)  In this Act, electoral expenditure means, subject to this section, expenditure incurred for the dominant purpose of creating or communicating electoral matter in relation to an election.

(2)  Electoral expenditure includes expenditure that is to be paid or reimbursed by the State by way of payment under Part 11 from the Election Campaigns Fund.

(3)  Electoral expenditure does not include expenditure to the extent that the expenditure is, or is to be, otherwise paid or reimbursed by the State (including by way of payment under Part 12 from the Administration Fund) to or in relation to a person who is or was an Assembly Member or a Minister, because that person is or was an Assembly Member or Minister.

(4)  Electoral expenditure does not include expenditure to the extent that the expenditure is incurred by a person –

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

(b) in providing a service for another person who engaged the person, on a commercial basis, to create or communicate electoral matter.

(5)  Expenditure may be electoral expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular electoral matter, or electoral matter generally, in relation to an election.

(6)  In addition, but subject to subsection (3) , any expenditure (including expenditure that is to be paid or reimbursed by the State by way of payment under Part 11 from the Election Campaigns Fund) that is incurred, in relation to an Assembly election, by or with the authority of –

(a) a registered party, Assembly Member or Assembly candidate; or

(b) an associated entity; or

(c) a third-party campaigner in relation to the election –

is electoral expenditure.

(7)  The Commission may determine whether any expenditure is or is not electoral expenditure in accordance with this Act, the regulations and the guidelines.

(8)  A determination of the Commission as to whether any expenditure is or is not electoral expenditure in accordance with this Act, the regulations and the guidelines, is final.

(9)  The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on any determination of the Commission referred to in subsection (7) .

7 When electoral expenditure is incurred

(1)  For the purposes of this Act, electoral expenditure is taken to be incurred when the services for which the expenditure is incurred are actually provided or the goods for which the expenditure is incurred are actually delivered.

(2)  In particular –

(a) expenditure on advertising is incurred when the advertising is broadcast or published; and

(b) expenditure on the production and distribution of election material is incurred when the material is distributed; and

(c) expenditure on the employment of staff is incurred during the period of their employment; and

(d) expenditure, that is within a class of expenditure that is prescribed by the regulations, is incurred at the time prescribed in relation to the class.

8 Meaning of third-party campaigner

For the purposes of this Act, a person is a third-party campaigner in relation to an election if the election is an Assembly election and the person is –

(a) a person who –

(i) is not a registered party, Member, candidate or associated entity; and

(ii) incurs, during the election campaign period in relation to the election, more than $5 000 of electoral expenditure; or

(b) registered under section 127 as a third-party campaigner in relation to the election.

9 Meaning of senior office holder

(1)  For the purposes of this Act, a person is a senior office holder in relation to a party if the person is significantly involved in the management or control of the party or the operations of the party.

(2)  Guidelines may provide guidance as to when a senior office holder in relation to a party is to be taken to be significantly involved in the management or control of the party or the operations of the party.

10 Endorsement by registered party

(1)  For the purposes of this Act, an Assembly candidate in relation to an election is endorsed by a registered party if the candidate is registered, on the Register of Candidates in relation to the election, as being endorsed by the registered party.

(2)  For the purposes of this Act, an Assembly Member is endorsed by a registered party if the Assembly Member is registered, on the Register of Assembly Members, as being endorsed by the registered party.

(3)  A registered party may give to the Commission notice in writing that the party intends an Assembly candidate, or an Assembly Member, to be registered as endorsed by the registered party.

(4)  A notice by a registered party to the Commission under subsection (3) in relation to an Assembly candidate, or Assembly Member, must be accompanied by a statement, signed by the candidate or Member, that the candidate or Member accepts endorsement by the registered party.

(5)  A registered party may give to the Commission notice in writing that an Assembly candidate, or an Assembly Member, is to cease to be registered as endorsed by the registered party.

(6)  A notice by a registered party to the Commission under subsection (5) in relation to an Assembly candidate, or Assembly Member, must be accompanied by a statutory declaration, signed by a senior office holder of the registered party, declaring that the Assembly candidate, or Assembly Member, has been notified by the registered party that the candidate or Member is to cease to be registered as endorsed by the registered party.

(7)  An Assembly candidate or Assembly Member may give to the Commission notice in writing that the candidate, or the Member, has ceased to accept endorsement by the registered party.

(8)  A notice to the Commission under subsection (7) from an Assembly candidate, or Assembly Member, is to be accompanied by a statutory declaration, signed by the candidate or Member, declaring that the registered party has been notified that the candidate or Member has ceased to accept endorsement by the registered party.

(9)  If the Commission is notified under subsection (5) or (7) that a candidate or Member –

(a) is to cease to be registered as endorsed by a registered party; or

(b) has ceased to accept endorsement by the registered party –

the Commission is, within 3 business days, to vary the particulars of registration of the candidate or Member under the Register of Candidates, or the Register of Assembly Members, so that the person ceases to be registered as endorsed by the registered party.

11 Meaning of gift and gift in kind

(1)  In this Act –

gift means any disposition of property, made by a person to another person (otherwise than by a will), that is a disposition made –

(a) without consideration in money or money’s worth; or

(b) with inadequate consideration –

and includes a gift in kind.

(2)  For the purposes of this Act, the following are gifts in kind:

(a) a gift of the use of facilities, by or at the direction of the person receiving the gift, solely or substantially for election campaign purposes, including the use of a room and anything reasonably necessary for the conduct of a meeting in the room, but does not include any food, drink or other gift associated with the use of the facilities;

(b) the provision, for no consideration or inadequate consideration, of accommodation, vehicles, computers, or other equipment, for use solely or substantially for election campaign purposes;

(c) the full or part payment by a person (other than a registered party, Member, or candidate) of electoral expenditure for advertising or other purposes incurred, or to be incurred, by the party, Member or candidate, or an agreement to make such a payment;

(d) the waiving of all or any part of payment, to the person, by a registered party, Member, or candidate, of electoral expenditure for advertising incurred, or to be incurred, by the party, Member or candidate;

(e) the provision of a service, for no consideration or for inadequate consideration, solely or substantially for election campaign purposes, other than the provision –

(i) by any person, of voluntary labour, that does not constitute the provision of voluntary professional services; and

(ii) to a registered party, by an officer in relation to the registered party or by an Assembly Member who is endorsed by the registered party, of a service (which may be, but is not required to be, a voluntary professional service).

(3)  The following dispositions of property are taken to be a gift for the purposes of this Act:

(a) a disposition of property, to a Tasmanian branch of a registered party, from the federal branch of the party;

(b) a disposition of property, to a Tasmanian branch of a registered party, from another State or Territory branch of the party;

(c) a disposition of property, to a registered party, from another registered party.

(4)  Uncharged interest on a loan to a person, being the additional amount that would have been payable by the person if –

(a) the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind; and

(b) any interest payable had not been waived; and

(c) any interest payments were not capitalised –

is taken to be a gift to the person for the purposes of this section.

(5)  For the purposes of this section, the following are not taken to be a gift:

(a) a party subscription paid to a registered party, a branch of a registered party or a division of a registered party;

(b) a levy that –

(i) is required by a registered party to be paid by a Member who is a member of the registered party; and

(ii) is paid by the Member to the registered party, a branch of the registered party or a division of the registered party;

(c) a fundraising contribution of $200 or less, or, if a fundraising contribution is an amount of more than $200, the first $200 of that fundraising contribution;

(c) a payment under Part 11 or 12 ;

(d) any other goods or services of a kind prescribed by the regulations.

(6)  For the purposes of subsection (5)  –

fundraising contribution means an amount paid by a person as a contribution, entry fee or other payment to entitle the person or another person to participate in, or otherwise obtain, a benefit from a fundraising or other venture or function (whether or not the venture or function raises funds for a person) and includes an amount paid for a ticket in a raffle or for an item at a fundraising auction.

12 Meaning of political donation

In this Act –

political donation means –

(a) a gift made to, or for the benefit of, a party; and

(b) a gift made to, or for the benefit of, a Member, the whole or part of which was used, or is intended by the Member to be used, by the Member –

(i) solely or substantially for a purpose related to an election or to the Member’s duties as a Member; or

(ii) to enable the Member to make, directly or indirectly, a political donation or to incur electoral expenditure; or

(iii) to reimburse the Member for making, directly or indirectly, a political donation or incurring electoral expenditure; and

(c) a gift made to, or for the benefit of, a candidate in relation to an election, the whole or part of which was used, or is intended by the candidate to be used, by the candidate –

(i) solely or substantially for a purpose related to the election; or

(ii) to enable the candidate to make, directly or indirectly, a political donation or to incur electoral expenditure; or

(iii) to reimburse the candidate for making, directly or indirectly, a political donation or incurring electoral expenditure; and

(d) a gift made to, or for the benefit of, an associated entity, the whole or part of which was used, or is intended by the associated entity to be used, by the associated entity –

(i) to enable the associated entity to make, directly or indirectly, a political donation or to incur electoral expenditure; or

(ii) to reimburse the associated entity for making, directly or indirectly, a political donation or incurring electoral expenditure; and

(e) a gift made to, or for the benefit of, a third-party campaigner in relation to an Assembly election, the whole or part of which was used, or is intended by the third-party campaigner to be used, by the third-party campaigner –

(i) to enable the third-party campaigner to make, directly or indirectly, a political donation or to incur electoral expenditure in relation to the election; or

(ii) to reimburse the third-party campaigner for making, directly or indirectly, a political donation or incurring electoral expenditure in relation to the election; and

(f) a loan (other than from a financial institution) that, if it had been a gift, would be a political donation.

13 Meaning of reportable political donation

(1)  [Section 13 Subsection (1) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] For the purposes of this Act, a reportable political donation is a political donation of $1 000 or more.

(2)  [Section 13 Subsection (2) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] If –

(a) [Section 13 Subsection (2) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] a political donation (the first donation) of less than $1 000 is made –

(i) by a person (the donor), within a financial year or an election campaign period in relation to an election; and

(ii) to, or for the benefit of, a person (the gift recipient) who is an independent Assembly Member, Council Member, independent Assembly candidate or Council candidate; and

(b) [Section 13 Subsection (2) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] after the first donation is made, one or more other political donations (the other donations) of less than $1 000 are made by the same donor, to or for the benefit of the same gift recipient, and within the same financial year, or the same election campaign period, respectively; and

(c) [Section 13 Subsection (2) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the amount of the first donation, when combined with the other donations, is $1 000 or more –

the first donation and the other donations are taken to be reportable political donations made by the donor, to the gift recipient, on the first day on which the combined amount of the first donation and the other donations is $1 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount.

(3)  [Section 13 Subsection (3) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] If –

(a) [Section 13 Subsection (3) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] a political donation (the first donation) of less than $1 000 is made –

(i) by a person (the donor), within a financial year or an election campaign period in relation to an election; and

(ii) to, or for the benefit of, a person (the gift recipient) who is a registered party, an Assembly Member who is endorsed by that registered party or an Assembly candidate who is endorsed by that registered party; and

(b) [Section 13 Subsection (3) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] after the first donation is made, one or more other political donations (the other donations) of less than $1 000 are made by the same donor, to or for the benefit of the same gift recipient and within the same financial year, or the same election campaign period, respectively; and

(c) [Section 13 Subsection (3) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the amount of the first donation, when combined with the other donations, is $1 000 or more –

the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of the same gift recipient, on the first day on which the combined amount of the first donation and the other donations is $1 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount.

(4)  [Section 13 Subsection (4) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] If –

(a) [Section 13 Subsection (4) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] a political donation (the first donation) of less than $1 000 is made –

(i) by a person (the donor), within a financial year or an election campaign period in relation to an election; and

(ii) to, or for the benefit of, a registered party, an Assembly Member who is endorsed by that registered party or an Assembly candidate who is endorsed by that registered party; and

(b) [Section 13 Subsection (4) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] after the first donation is made, one or more other political donations (the other donations) of less than $1 000 –

(i) are made by the same donor; and

(ii) are made to or for the benefit of the same registered party, any Assembly Member who is endorsed by that registered party or any Assembly candidate who is endorsed by that registered party; and

(iii) are made within the same financial year or the same election campaign period, respectively; and

(c) [Section 13 Subsection (4) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the amount of the first donation, when combined with the other donations, is $1 000 or more; and

(d) subsection (3) does not apply –

the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of that registered party, on the first day on which the combined amount of the first donation and the other donations is $1 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount.

(5)  [Section 13 Subsection (5) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] If –

(a) [Section 13 Subsection (5) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] a political donation (the first donation) of less than $1 000 is made by a person (the donor), within a financial year or an election campaign period in relation to an election, to or for the benefit of an associated entity; and

(b) [Section 13 Subsection (5) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] after the first donation is made, one or more other political donations (the other donations) of less than $1 000 are made by the same donor, to or for the benefit of the same associated entity and within the same financial year or the same election campaign period, respectively; and

(c) [Section 13 Subsection (5) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the amount of the first donation, when combined with the other donations, is $1 000 or more –

the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of the associated entity, on the first day on which the combined amount of the first donation and the other donations is $1 000 or more, except that any of the other donations that is made after that first day is not taken to be part of that combined amount.

(6)  If –

(a) [Section 13 Subsection (6) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] a political donation (the first donation) of less than $1 000 is made by a person (the donor), within an election campaign period in relation to an Assembly election, to, or for the benefit of, a person (the gift recipient); and

(b) the gift recipient is, or becomes, a third-party campaigner in relation to the election; and

(c) [Section 13 Subsection (6) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] after the first donation is received by the gift recipient, one or more other political donations (the other donations) of less than $1 000 are made by the same donor, to the same gift recipient and within the same election campaign period; and

(d) [Section 13 Subsection (6) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the amount of the first donation, when combined with the other donations, is $1 000 or more –

the first donation and the other donations are taken to be reportable political donations made by the donor, to or for the benefit of the gift recipient, on whichever of the following days occurs last:

(e) [Section 13 Subsection (6) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the first day on which the combined amount of the first donation and the other donations is $1 000 or more;

(f) the day on which the gift recipient becomes a third-party campaigner –

except that any of the other donations that is made after that first day is not taken to be part of that combined amount.

(7)  If –

(a) [Section 13 Subsection (7) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] a political donation (the first donation) of less than $1 000 is made by a person (the donor), within a financial year or an election campaign period in relation to an election, to a person (the gift recipient) who is a registered party, Member, candidate or associated entity or a third-party campaigner in relation to the election; and

(b) the donor is, or becomes, a significant political donor; and

(c) [Section 13 Subsection (7) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] one or more other political donations (the other donations) of less than $1 000 are made by the same donor, within the same financial year or election campaign period, to the same gift recipient; and

(d) [Section 13 Subsection (7) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the amount of the first donation, when combined with the other donations, is $1 000 or more –

the first donation and the other donations to the gift recipient, are taken to be reportable political donations made by the significant political donor to or for the benefit of the gift recipient on whichever of the following days occurs last:

(e) [Section 13 Subsection (7) amended by No. 1 of 2025, s. 5, Applied:01 Jul 2025] the first day on which the combined amount of the first donation and the other donations is $1 000 or more;

(f) the day on which the donor becomes a significant political donor –

except that any of the other donations that is made after that first day is not taken to be part of that combined amount.

(8)  For the purposes of a calculation under this section, a political donation made to or for the benefit of a person who is a Member is, if the person becomes a candidate, taken to have been a donation to or for the benefit of the candidate.

14 Meaning of Assembly administrative expenditure

(1)  For the purposes of this Act, a reference, in relation to a registered party or Assembly Member, to Assembly administrative expenditure –

(a) is a reference to expenditure for administrative and operating expenses; and

(b) includes a reference to the following:

(i) expenditure for the administration or management of the activities of the party or Member;

(ii) expenditure for conferences, seminars, meetings or similar functions at which the policies of the party or Member are discussed or formulated;

(iii) expenditure on providing information to the public or a section of the public about the party or Member;

(iv) expenditure on providing information to members of the party and supporters of the party or Member;

(v) expenditure in respect of the audit of the financial accounts of the party or Member;

(vi) expenditure on equipment and training to ensure compliance, with the obligations under this Act, by the party or by Assembly Members, or Assembly candidates, who are endorsed by the party;

(vii) expenditure on the reasonable remuneration of staff engaged in an activity, referred to in this paragraph, for the party or Member (being the proportion of that remuneration that relates to the time spent on those activities);

(viii) reasonable expenditure on equipment or vehicles used for the purposes of an activity, referred to in this paragraph, for the party or Member (being the proportion of the cost of their acquisition and operation that relates to the use of the equipment or vehicles for those activities);

(ix) expenditure on office accommodation and equipment for staff for the party or Member; but

(c) does not include a reference to the following:

(i) electoral expenditure;

(ii) expenditure for which a member may claim a parliamentary allowance as a Member;

(iii) expenditure incurred substantially in respect of operations or activities that relate to the election of Members to a Parliament other than the Tasmanian Parliament;

(iv) expenditure prescribed by the regulations.

(2)  The Commission may determine whether any expenditure is or is not Assembly administrative expenditure in accordance with this Act, the regulations and the guidelines.

(3)  A determination by the Commission as to whether any expenditure is or is not Assembly administrative expenditure in accordance with this Act, the regulations and the guidelines is final.

(4)  The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on a determination of the Commission under subsection (2) .

15 Gift, or electoral expenditure, in anticipation of person becoming candidate

(1)  For the purposes of this Act, a person who accepts a gift for use solely or substantially for a purpose related to the proposed candidacy of the person at a future election is taken to be a candidate when accepting the gift.

(2)  For the purposes of this Act, a person who makes a payment, during an election campaign period in relation to an election, for electoral expenditure for the election of the person at that election is taken to be a candidate when making the payment, unless the payment is a minor payment that is excluded by the guidelines from the operation of this subsection.

16 Person taken to be candidate for 30 days after polling day

(1)  For the purposes of this Act, a person who is a candidate in relation to an election is taken to remain a candidate for 30 days after the polling day for the election.

(2)  Subsection (1) does not apply to a candidate at a time when the candidate is a Member.

17 Disposition of property other than money taken to be gift of value of property

(1)  For the purposes of this Act, the amount of a donation or expenditure consisting of a disposition of property other than money is taken to be the amount equal to the value of the property disposed of.

(2)  For the purposes of subsection (1)  –

(a) if the regulations prescribe how the value of property is to be determined – the value of property disposed of is to be determined in accordance with the regulations; and

(b) if guidelines, not inconsistent with the regulations, prescribe how the value of property is to be determined – the value of property disposed of is to be determined in accordance with the guidelines.

(3)  For the purposes of this Act, the amount of a gift that is a gift in kind consisting of the use of facilities is taken to be –

(a) the value of the use of the facilities, determined –

(i) if the regulations prescribe how the value is to be determined – in accordance with the regulations; and

(ii) if guidelines, not inconsistent with the regulations, prescribe how the value is to be determined – in accordance with the guidelines; or

(b) if there are neither regulations, nor guidelines, that prescribe how the value is to be determined – the amount that would have been payable for the lease of the facilities for the period of the use.

(4)  For the purposes of this Act, the amount of a gift that is a gift in kind consisting of the provision of a service is taken to be –

(a) the value of the provision of the service, determined –

(i) if the regulations prescribe how the value is to be determined – in accordance with the regulations; and

(ii) if guidelines, not inconsistent with the regulations, prescribe how the value is to be determined – in accordance with the guidelines; or

(b) if there are neither regulations, nor guidelines, that prescribe how the value is to be determined – the lowest amount that would have been ordinarily payable for the provision of the service by a reasonably competent provider of the service.

(5)  For the purposes of this Act –

(a) the Commission may require the value of property disposed of, or the value of a gift, to be determined by a valuer appointed or approved by the Commission; and

(b) if the Commission requires the value of property disposed of, or the value of a gift, to be determined by a valuer appointed or approved by the Commission, the value of the property or gift is –

(i) to be determined by the valuer in accordance with this section; and

(ii) to be taken to be the value so determined.

Part 3 Prohibited Political Donations

Division 1 Political donations from foreign donors

18 Object of Division 1

(1)  The object of this Division is to secure and promote the actual and perceived integrity of elections by reducing the risk of foreign persons and entities exerting (or being perceived to exert) undue or improper influence on the outcomes of elections.

(2)  This Division aims to achieve this object by restricting the receipt and use of political donations made by foreign persons or entities that do not have a legitimate connection to Australia.

19 Meaning of acceptable action

In this Division –

acceptable action, in relation to a gift, means the taking of any of the following actions in relation to the gift:

(a) transferring to the State, for the purposes of this Division, an amount equal to the amount or value of the gift;

(b) returning the gift to the donor or the person who made the gift;

(c) transferring, to the donor or the person who made the gift, an amount equal to the amount or value of the gift.

20 When appropriate donor information is obtained

(1)  For the purposes of this Act, a person (the first person) obtains appropriate donor information in relation to a person (the donor) who is a person making a gift, or a person on whose behalf a gift is made, establishing that the donor is not a foreign donor, if the first person obtains information or a document in accordance with this section.

(2)  If the donor is a natural person, the appropriate donor information is –

(a) the particulars relating to the natural person set out in a current Commonwealth roll; or

(b) a copy of a passport, of a certificate evidencing the natural person’s naturalisation or of any other document evidencing the natural person’s Australian citizenship; or

(c) a copy of a visa evidencing the natural person’s permanent residency in Australia; or

(d) a copy of the natural person’s Subclass 444 (Special Category) visa under the Migration Act 1958 of the Commonwealth (or, if that Subclass ceases to exist, the kind of visa that replaces that visa); or

(e) any information, or a copy of any document, prescribed by the regulations for the purposes of this subsection.

(3)  If the donor is a body corporate incorporated in Australia, the appropriate donor information is –

(a) a copy of the certificate of the donor’s incorporation in Australia; or

(b) particulars of the donor’s registration with the Australian Securities and Investments Commission evidencing the donor’s incorporation in Australia; or

(c) any information, or a copy of any document, prescribed by the regulations for the purposes of this subsection.

(4)  If the donor is an incorporated or unincorporated body of persons, the appropriate donor information is –

(a) copies of at least 3 recent minutes or other official documents of the donor, in accordance with subsection (5) , evidencing that high-level decisions of the donor are made in Australia, such as –

(i) decisions setting the operational policies of the donor; or

(ii) decisions appointing officers of the donor or granting powers to such officers to carry out the donor’s activities; or

(iii) directions, to persons appointed to carry out the donor’s activities, as to how to perform functions; or

(iv) decisions on matters of finance, such as how profits are to be used; or

(b) copies of at least 3 official documents of the donor establishing that the donor’s activities are principally carried out in Australia, such as –

(i) documents recording separately the number of staff or members of the donor in Australia, and overseas, carrying out activities for the donor; or

(ii) documents recording separately the scale or volume of the activities carried out in Australia and overseas (for example by reference to revenue derived in Australia and overseas); or

(c) for a donor that is a trust or foundation – a trust deed or other governing document evidencing –

(i) the governing law of the trust or foundation as the law of an Australian jurisdiction; or

(ii) that the head office is in Australia, or that the principal place of activity is, or is in, Australia; or

(d) any information, or a copy of any document, prescribed for the purposes of this subsection by the regulations.

(5)  For the purposes of subsection (4)(a) , each of the minutes or other official documents must evidence a different kind of decision.

(6)  For the purposes of subsection (4) , information may be omitted, redacted or deleted from the minutes, documents or information.

21 Political donations by foreign donors not to be accepted in certain circumstances

(1)  A person (the gift recipient) contravenes this subsection if –

(a) the gift recipient is –

(i) a registered party, Member, candidate or associated entity; or

(ii) an agent of a person referred to in subparagraph (i) ; and

(b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and

(c) the gift is made by, or on behalf of, a person (the donor); and

(d) the donor is a foreign donor; and

(e) at the time when the gift is made, the amount or value of the gift is equal to $1 000 or more; and

(f) acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift is made.

(2)  Subsection (1) does not apply to a gift recipient, in relation to a gift made by a donor, if the gift recipient establishes that –

(a) before the end of the period of 6 weeks after the gift was made, the donor stated in writing to the gift recipient that the donor was not a foreign donor; and

(b) for a gift whose amount or value was, at the time when the gift was made, equal to $100 or more – before the end of the period of 6 weeks after the gift was made –

(i) the gift recipient obtained in accordance with section 20 appropriate donor information establishing that the donor was not a foreign donor; or

(ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and

(c) in any case – the gift recipient, at no time during that period of 6 weeks, knew, or ought to have known, that the donor was a foreign donor.

(3)  Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that the gift was made in a private capacity to the gift recipient for the gift recipient’s own personal use.

(4)  Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that using the gift for the purposes of an election would be inconsistent with the terms of the gift.

(5)  A person must not contravene subsection (1) .

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

22 Gifts to third-party campaigners by foreign donors

(1)  A person (the gift recipient) contravenes this subsection if –

(a) the gift recipient is, or becomes, a third-party campaigner in relation to an Assembly election; and

(b) a gift is made to, or for the benefit of, the gift recipient during an election campaign period in relation to the election; and

(c) the gift is made by, or on behalf of, a person (the donor); and

(d) the donor is a foreign donor; and

(e) at the time when the gift is made, the amount or value of the gift is equal to $1 000 or more; and

(f) the gift recipient uses the gift –

(i) for the purposes of incurring electoral expenditure in relation to the election; or

(ii) for the dominant purpose of creating or communicating electoral matter in relation to the election; and

(g) acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last.

(2)  Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that –

(a) before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last, the donor stated in writing to the gift recipient that the donor was not a foreign donor; and

(b) before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last –

(i) the gift recipient obtained in accordance with section 20 appropriate donor information establishing that the donor was not a foreign donor; or

(ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and

(c) in any case – the gift recipient, at no time during that period of 6 weeks, knew, or ought to have known, that the donor was a foreign donor.

(3)  A person must not contravene subsection (1) .

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

23 Gifts from foreign donors for purpose of incurring electoral expenditure, &c.

(1)  A person (the relevant person) contravenes this subsection if –

(a) the relevant person is –

(i) a registered party, Member, candidate or associated entity or a person who is or becomes a third-party campaigner in relation to an Assembly election; or

(ii) the agent of a registered party, Member, candidate or associated entity or of a person who is or becomes a third-party campaigner in relation to an Assembly election; and

(b) a gift is made, by a foreign donor, to, or for the benefit of, the registered party, Member, candidate or associated entity or the person who is or becomes a third-party campaigner; and

(c) the relevant person knows that the donor is a foreign donor; and

(d) the amount or value of the gift is equal to $100 or more; and

(e) either of the following applies:

(i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure or for the dominant purpose of creating or communicating electoral matter;

(ii) the relevant person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure or for the dominant purpose of creating or communicating electoral matter; and

(f) acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift is made.

(2)  A person (the donor) contravenes this subsection if –

(a) the donor is a foreign donor; and

(b) the donor makes a gift to, or for the benefit of, another person; and

(c) the other person is –

(i) a registered party, Member, candidate or associated entity or a person who is or becomes a third-party campaigner in relation to an Assembly election; or

(ii) the agent of a registered party, Member, candidate or associated entity or of a person who is or becomes a third-party campaigner in relation to an Assembly election; and

(d) either –

(i) the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure or for the dominant purpose of creating or communicating electoral matter in relation to the election; or

(ii) the donor knows that the other person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure or for the dominant purpose of creating or communicating electoral matter in relation to the election; and

(e) in any case – acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift is made.

(3)  A person must not contravene subsection (1) or (2) .

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

24 False statement, or information, that donor is not a foreign donor

A person must not make a statement, or provide appropriate donor information, in relation to a gift if –

(a) the statement or information is for the purposes of section 21(2)(a) , section 21(2)(b)(i) , section 22(2)(a) or section 22(2)(b)(i) ; and

(b) the person knows, or ought to have known, that the statement or information is false.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

Division 2 Other prohibited political donations

25 Political donations to independent candidates by parties, associated entities and persons

(1)  It is unlawful for any of the following persons to make a political donation to an independent candidate or an independent Assembly Member:

(a) a registered party;

(b) an Assembly candidate endorsed by a registered party;

(c) an Assembly Member endorsed by a registered party;

(d) an associated entity in relation to which there is a registered party.

(2)  It is unlawful for an independent candidate, or an independent Assembly Member, to accept a political donation made to the candidate by any of the following persons:

(a) a registered party;

(b) an Assembly candidate endorsed by a registered party;

(c) an Assembly Member endorsed by a registered party;

(d) an associated entity in relation to which there is a registered party.

26 Prohibition on receiving gifts from unknown source

It is unlawful for a person to accept a reportable political donation that is required to be disclosed under Part 5 unless –

(a) the name and address of the person who made the donation are known to the person accepting the donation; or

(b) when the donation is made –

(i) the person making the donation gives the donor’s name and address to the person accepting the donation; and

(ii) the person accepting the donation has no grounds to believe that the name and address so given are not the true name and address of the donor.

27 Political donations in cash of more than $100 not to be made or accepted

(1)  It is unlawful for a person to make a political donation in cash that exceeds the value of $100.

(2)  It is unlawful for a person to accept a political donation in cash that exceeds the value of $100.

28 Certain loans not to be accepted unless details recorded

(1)  In this section –

reportable loan means a loan that is a reportable political donation.

(2)  It is unlawful for a person to receive a reportable loan unless the person makes a record of the following:

(a) the terms and conditions of the loan;

(b) the name and address of the person making the loan.

(3)  For the purposes of this section –

(a) separate loans made by one person to the same registered party, Member, candidate or person within a relevant disclosure period are to be aggregated and treated as a single loan; and

(b) each transaction in which credit is provided by the use of a credit card is taken to be a separate loan.

29 Offence to do act that is unlawful under this Division

A person must not do any act that is unlawful under this Division, if the person, at the time of the act, knows, or ought to have known, of the facts that result in the act being unlawful.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

Division 3 Recovery of unlawful donations

30 Unlawful donation may be recovered

(1)  If a person –

(a) contravenes Division 1 in relation to a gift; or

(b) accepts a gift that is unlawful because of a provision of Division 2  –

an amount equivalent to the value of the gift is payable by the person to the State.

(2)  An amount referred to in subsection (1) may be recovered by the Commission as a debt due and payable to the State.

Part 4 Acceptance and Use of Political Donations

31 Acceptance, by registered party or persons endorsed by registered party, of political donations

(1)  It is unlawful for a political donation, to a registered party or an Assembly Member who is endorsed by a registered party, to be accepted unless –

(a) if the political donation is money – the money is paid to the party agent in relation to the registered party and is paid by the party agent into the campaign account of the registered party; or

(b) if the political donation is not money – the political donation is accepted by the party agent in relation to the registered party.

(2)  It is unlawful for a political donation, to an Assembly candidate, in relation to an election, who is endorsed by a registered party, to be accepted unless –

(a) the candidate is registered under this Act in the Register of Candidates in relation to the election; and

(b) if –

(i) the political donation is money – the money is paid to the party agent in relation to the registered party and is paid by the party agent into the campaign account of the registered party; or

(ii) the political donation is not money – the political donation is accepted by the party agent in relation to the registered party.

32 Acceptance and use by registered parties of political donations for anticipated candidates

For the purposes of this Act and despite section 31(2)(a)  –

(a) a political donation may be made to a party agent in relation to a registered party, on behalf of a future candidate for election in an Assembly election, before the candidate has been identified, selected, or endorsed, by the registered party; but

(b) it is unlawful for such a political donation to be used otherwise than to incur electoral expenditure for or on behalf of an Assembly candidate, in relation to the Assembly election, who is endorsed by the registered party.

33 Acceptance, by independent Assembly Members or candidates or Council Members or candidates, of political donations

(1)  It is unlawful for a political donation to an independent Assembly Member or a Council Member to be accepted unless –

(a) if the political donation is money – the money is paid to the official agent in relation to the Member and is paid, by the official agent in relation to the Member, into the campaign account of the Member; or

(b) if the political donation is not money – the political donation is accepted by the official agent in relation to the Member.

(2)  It is unlawful for a political donation to an independent Assembly candidate, or a Council candidate, in relation to an election, to be accepted, unless –

(a) the candidate is registered in the Register of Candidates in relation to the election; and

(b) if –

(i) the political donation is money – the money is paid to the official agent in relation to the candidate and is paid, by the official agent in relation to the candidate, into the campaign account of the candidate; or

(ii) the political donation is not money – the political donation is accepted by the official agent in relation to the candidate.

34 Acceptance, by associated entities, of political donations

It is unlawful for a political donation, to an associated entity, for the purposes of incurring electoral expenditure, or reimbursing a person for electoral expenditure incurred, to be accepted unless –

(a) the associated entity is registered under this Act in the Register of Associated Entities; and

(b) if –

(i) the political donation is money – the money is paid to the official agent in relation to the associated entity and is paid by the official agent into the campaign account of the associated entity; or

(ii) the political donation is not money – the political donation is accepted by the official agent in relation to the associated entity.

35 Acceptance, by third-party campaigners, of political donations

It is unlawful for a political donation, to a person who is or becomes a third-party campaigner in relation to an Assembly election, for the purposes of incurring electoral expenditure during the election campaign period in relation to an Assembly election, or reimbursing a person for electoral expenditure incurred during the election campaign period in relation to an Assembly election, to be accepted unless –

(a) the first-mentioned person is registered under this Act in the Register of Third-party Campaigners in relation to the election; and

(b) if –

(i) the political donation is money – the money is paid to the official agent in relation to the third-party campaigner and is paid by the official agent into the campaign account of the third-party campaigner; or

(ii) the political donation is not money – the political donation is accepted by the official agent in relation to the third-party campaigner.

36 Person accepting reportable political donation must record details

(1)  It is unlawful for a person to accept a reportable political donation that is required to be disclosed under Part 5 unless the person –

(a) makes a record of the details required under section 46 in relation to a disclosure in relation to the donation; and

(b) provides, to the person who made the donation, a receipt for the donation, being a receipt that includes a statement required by the regulations as to the circumstances in which the donor is obliged under Part 5 to disclose the donation.

(2)  Subsection (1) does not apply to a political donation that is not a reportable political donation at the time when it is made, even if the political donation is later taken, under section 13 , to have been a reportable political donation made at a later time.

(3)  It is unlawful for a person to accept a political donation unless the person –

(a) records the amount of the donation, the date on which it is made and the person who made the donation; and

(b) provides, to the person who made the donation, a receipt for the donation.

(4)  A reference in subsection (3) to a political donation –

(a) includes a political donation that is not a reportable political donation at the time when it is made, but that is later taken, under section 13 , to have been a reportable political donation made at a later time; but

(b) does not include –

(i) a small contribution; or

(ii) a political donation that is a reportable political donation at the time at which it is made.

(5)  A person must keep for a period of at least 3 years a record made by the person under this section.

Penalty:  In the case of –

(a) a party – a fine not exceeding 200 penalty units; or

(b) in any other case – a fine not exceeding 100 penalty units.

37 Registered parties must not use political donations except for certain purposes

(1)  It is unlawful for a political donation to a registered party to be used otherwise than for the objects and activities of the party, including the following:

(a) the administration of the party and community activities;

(b) electoral expenditure for Assembly elections;

(c) electoral expenditure for or on behalf of Assembly Members, or Assembly candidates, who are endorsed by the party.

(2)  In particular, it is unlawful for a political donation to be used for the personal use of a natural person acting in a private capacity.

38 Members and candidates must only use political donations for certain purposes

It is unlawful for a political donation to a Member or candidate to be used otherwise than –

(a) to incur electoral expenditure or reimburse a person for incurring electoral expenditure; or

(b) in relation to the performance of parliamentary duties by the Member or candidate; or

(c) for any other purpose authorised by this Act.

39 Offence of doing act that is unlawful under this Part

A person must not do any act that is unlawful under this Part, if the person, at the time of the act, knows, or ought to have known, of the facts that result in the act being unlawful.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

Part 5 Disclosure of Political Donations

40 Registered parties and their Members and candidates

(1)  If a reportable political donation is, during an election campaign period in relation to an Assembly election, received, or made, by or on behalf of –

(a) a registered party; or

(b) an Assembly Member who is, at the time at which the donation is received or made, endorsed by a registered party; or

(c) an Assembly candidate who is, at the time at which the donation is received or made, endorsed by a registered party –

the party agent in relation to the registered party is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after the day on which the political donation is received or made.

(2)  [Section 40 Subsection (2) substituted by No. 1 of 2025, s. 6, Applied:01 Jul 2025] If a reportable political donation –

(a) is, within a monthly period, received, or made, by or on behalf of –

(i) a registered party; or

(ii) an Assembly Member who is, at the time at which the donation is received or made, endorsed by a registered party; or

(iii) an Assembly candidate who is, at the time at which the donation is received or made, endorsed by a registered party; and

(b) is not received, or made, within an election campaign period, in relation to an election, all or part of which is within that monthly period –

the party agent in relation to the registered party is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.

41 Independent Assembly Members, Council Members, independent candidates and Council candidates

(1)  If a reportable political donation is, during an election campaign period in relation to an election in respect of a division of the Assembly or the Council, received, or made, by or on behalf of –

(a) an Assembly Member who is an independent Assembly Member at the time at which the donation is received or made and who is a Member in relation to the division; or

(b) an Assembly candidate who is an independent Assembly candidate at the time at which the donation is received or made and who is a candidate in relation to the election; or

(c) a Council Member who is a Member in relation to the division; or

(d) a Council candidate who is a candidate in relation to the election –

the official agent in relation to the Member or candidate is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after the day on which the political donation is received or made.

(2)  [Section 41 Subsection (2) substituted by No. 1 of 2025, s. 7, Applied:01 Jul 2025] If a reportable political donation –

(a) is, within a monthly period, received, or made, by or on behalf of –

(i) an Assembly Member who is an independent Assembly Member at the time at which the donation is received or made; or

(ii) an Assembly candidate who is an independent Assembly candidate at the time at which the donation is received or made; or

(iii) a Council Member; or

(iv) a Council candidate; and

(b) is not received, or made, within an election campaign period –

(i) in relation to an election in respect of the division in relation to which the Member or candidate is a Member or candidate; and

(ii) all or part of which is within that monthly period –

the official agent in relation to the Member or candidate is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.

42 Associated entities

(1)  If a reportable political donation is, during an election campaign period in relation to an Assembly election, received, or made, by or on behalf of an associated entity, the official agent in relation to the associated entity is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after the day on which the political donation is received or made.

(2)  [Section 42 Subsection (2) substituted by No. 1 of 2025, s. 8, Applied:01 Jul 2025] If a reportable political donation –

(a) is, within a monthly period, received, or made, by or on behalf of an associated entity; and

(b) is not received, or made, within an election campaign period, in relation to an election, all or part of which is within that monthly period –

the official agent in relation to the associated entity is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.

43 Third-party campaigners

If a reportable political donation is, during an election campaign period in relation to an Assembly election, received, by or on behalf of a person who is or becomes a third-party campaigner in relation to the election, for the purposes of incurring, during that period, electoral expenditure by the person, the official agent in relation to the person is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after whichever of the following days occurs last:

(a) the day on which the person becomes a third-party campaigner in relation to the election;

(b) the day on which the political donation is received.

44 Significant political donors

(1)  If a reportable political donation is, during an election campaign period in relation to an election in respect of an Assembly division or a Council division, made, by a significant political donor, to or for the benefit of a Member for the division or a candidate in relation to the election, the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after the day on which the political donation is made.

(2)  If a reportable political donation is, during an election campaign period in relation to an election in respect of an Assembly division, made, by or on behalf of a significant political donor, to a person who is or becomes a third-party campaigner in relation to the election, the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after whichever of the following days occurs last:

(a) the day on which the person becomes a third-party campaigner in relation to the election;

(b) the day on which the political donation is made.

(3)  [Section 44 Subsection (3) substituted by No. 1 of 2025, s. 9, Applied:01 Jul 2025] If a reportable political donation –

(a) is, within a monthly period, made, by a significant political donor, to or for the benefit of a Member for a division or a candidate in relation to an election in respect of a division; and

(b) is not made within an election campaign period, in relation to an election in respect of the division, all or part of which is within that monthly period –

the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.

(4)  If a reportable political donation is, during an election campaign period in relation to an election, made by or on behalf of a significant political donor to or for the benefit of –

(a) a registered party; or

(b) an associated entity –

the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within 7 days after the day on which the political donation is made.

(5)  [Section 44 Subsection (5) substituted by No. 1 of 2025, s. 9, Applied:01 Jul 2025] If a reportable political donation –

(a) is, within monthly period, made by or on behalf of a significant political donor to or for the benefit of –

(i) a registered party; or

(ii) an associated entity; and

(b) is not made within an election campaign period, in relation to an election, all or part of which is within that monthly period –

the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.

45 Disclosure requirements where person ceases to be type of person

If –

(a) a party agent, or official agent, was required under this Part to make a disclosure of a reportable political donation made, or received, during a relevant disclosure period, by or on behalf of a registered party, Member, candidate, associated entity, third-party campaigner or significant political donor; and

(b) the –

(i) registered party, Member, candidate or associated entity has ceased to be a registered party, a Member, a candidate or an associated entity; or

(ii) Member, or candidate, is an Assembly Member or Assembly candidate and has become, or has ceased to be, endorsed by a registered party; or

(iii) third-party campaigner or significant political donor has ceased to be an incorporated or unincorporated body of persons or a trustee –

the party agent, or official agent, respectively, continues to be required to make the disclosure at the time at which the disclosure is required to be made.

46 Details, of reportable political donations, that are required to be disclosed

(1)  Disclosure of reportable political donations received, or made, during a relevant disclosure period is to include disclosure of the following details of each such donation:

(a) the registered party, Member, or candidate, to, or for whose benefit, the donation was made (or, if the case requires, the third-party campaigner or associated entity to whom the donation was made);

(b) the date on which the donation was received or made;

(c) the name of the donor;

(d) the residential address of the donor (in the case of a natural person or an unincorporated body of persons) or the address of the registered or other official office of the donor (in the case of a person who is an incorporated body of persons);

(e) the amount of the donation;

(f) in the case of a donor that is not a natural person – the relevant business number, if any, of the donor;

(g) in relation to the disclosure of a political donation that is a reportable political donation by operation of the provisions of section 13 other than section 13(1)  – details that separately identify that political donation and the earlier political donation, or political donations, with which it is aggregated.

(2)  Disclosure of reportable political donations received, or made, during a relevant disclosure period is to include disclosure of the following information in relation to any reportable loan under section 28 :

(a) the amount of the loan;

(b) the name and address of the person making the loan;

(c) the terms and conditions of the loan;

(d) the total loan repayments made under the loan during the relevant disclosure period.

(3)  Details of a political donation may be disclosed under this Part even if they are not required to be disclosed under this section.

47 Donation disclosure by significant political donor also to include disclosure of certain gifts received

(1)  In this section –

relevant gift means –

(a) [Section 47 Subsection (1) amended by No. 1 of 2025, s. 10, Applied:01 Jul 2025] a gift of $1 000 or more; and

(b) gifts that, if they had been political donations made to or for the benefit of a third-party campaigner, would have been a reportable political donation by operation of the provisions of section 13 (other than section 13(1) ).

(2)  If –

(a) a significant political donor makes one or more reportable political donations during a relevant disclosure period; and

(b) the significant political donor receives, during the relevant disclosure period, a reportable gift –

the significant political donor is required to include, in a donation disclosure made, in accordance with section 46(1) , in relation to one of those donations made by the significant political donor during the relevant disclosure period, a disclosure of the relevant information in relation to the reportable gift.

(3)  For the purposes of subsection (2) , a significant political donor receives, during a relevant disclosure period, a reportable gift, if, during the relevant disclosure period –

(a) the significant political donor receives a relevant gift made to the donor by a person (the gift-maker); and

(b) the significant political donor knew, or ought to have known, that all or part of the gift was intended by the gift-maker to be used by the significant political donor to make a reportable political donation during the relevant disclosure period.

(4)  For the purposes of subsection (2) , the relevant information in relation to a reportable gift is the following information:

(a) the date on which the gift was made;

(b) the name of the gift-maker;

(c) the residential address of the gift-maker (in the case of a natural person or an unincorporated body of persons) or the address of the registered or other official office of the gift-maker (in the case of a person who is an incorporated body of persons);

(d) the amount of the gift;

(e) in the case of a gift-maker that is not a natural person – the relevant business number, if any, of the gift-maker;

(f) in relation to the disclosure of a gift to which paragraph (b) of the definition of relevant gift in subsection (1) relates – details that separately identify that gift and the earlier gifts with which it is aggregated.

48 Separate disclosures not required of same item

An item disclosed under this Part –

(a) in relation to a Member need not also be disclosed in the Member’s capacity as a candidate; and

(b) in relation to a candidate need not also be disclosed in the candidate’s capacity as a Member.

49 Donation declarations

(1)  A party agent or official agent may lodge with the Commission, in the approved manner, a donation declaration in an approved form.

(2)  The regulations, or the Commission, may make provision for an electronic or internet-based system of lodgment of donation declarations.

(3)  A donation declaration lodged under this section in relation to a relevant disclosure period is to contain a statement to the effect that all disclosures that the party agent, or official agent, lodging the declaration is required to make in relation to the period –

(a) have been made; and

(b) are true and correct.

(4)  If a person, in a relevant disclosure period, qualifies as more than one of the following:

(a) an associated entity;

(b) a third-party campaigner;

(c) a significant political donor –

an official agent who is required to make, in relation to the relevant disclosure period, a disclosure under this Part in relation to the person may make a single donation declaration under this Part in relation to all the disclosures, during the relevant disclosure period, that the official agent is required to make in relation to the person.

(5)  A party agent in relation to a registered party may lodge under this Part, in relation to a relevant disclosure period, a single donation declaration in relation to all the disclosures that the party agent is required under this Part to make, during the relevant disclosure period, in relation to –

(a) the registered party; and

(b) Members or candidates –

but each single donation declaration must separately identify the disclosures relating to the registered party and to each of the Members or candidates.

(6)  Disclosures in a donation declaration lodged under this section are required to be vouched for in the manner, if any, prescribed by the regulations, which may include by way of statutory declaration.

50 Extension of date for making disclosures

(1)  A party agent, or official agent, who –

(a) [Section 50 Subsection (1) amended by No. 1 of 2025, s. 11, Applied:01 Jul 2025] is required under this Part to make a disclosure in relation to a monthly period; but

(b) [Section 50 Subsection (1) amended by No. 1 of 2025, s. 11, Applied:01 Jul 2025] is unable to lodge, by the day (the due date) that is the final day of the subsequent monthly period, a complete donation declaration in relation to the disclosure –

may, before the due date, request the Commission to extend the due date for lodging the donation declaration.

(2)  [Section 50 Subsection (2) amended by No. 1 of 2025, s. 11, Applied:01 Jul 2025] The Commission may, if satisfied that there is good cause to do so, extend the due date for the lodging, by a particular party agent or official agent, of the donation declaration disclosure in relation to a monthly period, to a day that the Commission considers appropriate in the circumstances.

(3)  The due date for lodging a donation declaration under this Part cannot be extended by more than 30 days in total.

(4)  The Commission may, as a condition of extending the due date for the lodging, by a particular party agent or official agent, of the donation declaration, require the party agent or official agent to lodge a donation declaration containing disclosures under this Part that the agent is able to make at a time specified by the Commission.

(5)  If the Commission extends the due date for the lodging by a party agent, or official agent, of a donation declaration in relation to a disclosure, the day by which, under this Part, the disclosure is required to be made by the agent is to be taken to be the due date for lodgment as so extended.

51 Amendment of donation declarations

(1)  In this section –

amend includes alter, omit, add and substitute.

(2)  The party agent, or official agent, who lodged a donation declaration under this Part (or that agent’s successor as the party agent, or official agent, in relation to the party, Member, candidate, associated entity or third-party campaigner concerned) may amend the donation declaration by lodging with the Commission an amended donation declaration.

(3)  The amended donation declaration is to be in the approved form and to be lodged in the approved manner.

(4)  This section does not affect the liability for an offence in connection with the original donation declaration that is amended.

52 Commission may audit donation declarations

(1)  The Commission may audit a donation declaration, or an amended donation declaration, other than a donation declaration lodged by a significant political donor.

(2)  A person who is or was a registered party, Member, candidate, associated entity or third-party campaigner must assist the Commission to audit a donation declaration by –

(a) giving the Commission full and free access at all reasonable times to all accounts and documents, relating directly or indirectly to any matter required to be disclosed under this Part, of –

(i) the person required under this Part to make a disclosure of a reportable political donation in the donation declaration; and

(ii) the registered party, Member, candidate, associated entity or third-party campaigner (as the case requires); and

(b) giving the Commission all information and explanations that the Commission reasonably requests in respect of any matter required to be set out in the donation declaration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  The Commission may appoint an auditor to audit, on the Commission’s behalf, donation declarations and amended donation declarations.

(4)  For the purposes of subsection (3) , the auditor has and may exercise the same functions as the Commission has under this section in relation to an audit of a donation declaration or an amended donation declaration.

(5)  An audit under this section is to be conducted in the manner, if any, prescribed in the regulations.

53 Publication on Commission website of disclosures

(1)  If a donation declaration relates to a donation that is required under this Part to be disclosed within 7 days after the donation is made or received, the Commission must ensure that –

(a) within 7 days after the donation declaration is lodged with the Commission under section 49 , a copy of the donation declaration is published on a Commission website; and

(b) the copy continues to be so published for a period of at least 6 years.

(2)  [Section 53 Subsection (2) amended by No. 1 of 2025, s. 12, Applied:01 Jul 2025] If a donation declaration relates to a donation that is required under this Part to be disclosed within the monthly period following the monthly period in which the donation is made or received, the Commission must ensure that –

(a) [Section 53 Subsection (2) amended by No. 1 of 2025, s. 12, Applied:01 Jul 2025] within 7 days after the donation declaration is lodged with the Commission under section 49 , a copy of the donation declaration is published on a Commission website; and

(b) the copy continues to be so published for a period of at least 6 years.

(3)  If an amended donation declaration is lodged with the Commission under section 51 , the Commission must ensure that –

(a) within 7 days, a copy of the amended donation declaration is published on a Commission website; and

(b) the copy continues to be so published for a period of at least 6 years.

(4)  The Commission may decline to publish on a Commission website, or may remove from a Commission website, any donation declaration, or amended donation declaration, that the Commission has reason to suspect is vexatious, false or misleading.

(5)  A copy of each donation declaration, and of each amended donation declaration, lodged under section 49 or section 51  –

(a) is to be kept by the Commission for a period of at least 6 years after the declaration is lodged with the Commission under section 49 or section 51 ; and

(b) is to be available during that period for public inspection, at the offices of the Commission, during the ordinary office hours of the Commission.

54 Offence to fail to lodge complete donation declaration

(1)  A person who is required under a provision of this Part to disclose a donation in a donation declaration that is lodged under section 49 within a period specified in the provision must –

(a) make the disclosure in a donation declaration that is lodged under section 49 within the period; and

(b) include in the donation declaration any other disclosure that the person is required under section 46(2) or section 47 to include in the donation declaration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  A person who is required under a provision of this Part to make a disclosure in a donation declaration under section 49 must not fail, without reasonable excuse, to lodge a complete donation declaration containing the disclosure.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

55 Offences relating to assisting others lodging donation declarations

(1)  A person must take all reasonable steps to ensure that the disclosures included in a donation declaration lodged by the person under section 49 , or in an amended donation declaration lodged under section 51 , are not false or misleading in a material particular.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  A person acting, or purportedly acting, on behalf of a registered party must not, in relation to a matter required to be disclosed by a party agent in a donation declaration lodged by the agent under section 49 , give or withhold information to or from the party agent, if the person knows, or ought to have known, that it will result in the making of a false statement in the donation declaration or in an amended donation declaration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  A person who is or was an Assembly Member, or Assembly candidate, who is or was endorsed by a registered party must not, in relation to a matter required to be disclosed, by a party agent in relation to the party, in a donation declaration lodged under section 49 by the party agent, give or withhold information to or from the party agent, if the person knows, or ought to have known, that it will result in the making of a false statement in the donation declaration or in an amended donation declaration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(4)  A person who is or was an independent Member or Council Member, or independent candidate or Council candidate, must not, in relation to a matter required to be disclosed, by the official agent in relation to the person, in a donation declaration lodged under section 49 by the official agent, give or withhold information to or from the official agent, if the person knows, or ought to have known, that it will result in the making of a false statement in the donation declaration or in an amended donation declaration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(5)  An associated entity or third-party campaigner must not, in relation to a matter required to be disclosed, by the official agent in relation to the associated entity or third-party campaigner, in a donation declaration lodged under section 49 by the official agent, give or withhold information to or from the official agent, if the associated entity or third-party campaigner knows, or ought to have known, that it will result in the making of a false statement in the donation declaration or in an amended donation declaration.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

Part 6 Electoral Expenditure in Assembly Elections

56 Electoral expenditure of endorsed Assembly candidate or Member where incurred by party, &c.

For the purposes of this Act, an amount of electoral expenditure by an Assembly candidate, or Assembly Member, in relation to an Assembly election includes (but is not limited to including) if the candidate or Member is or was, during all or part of the election campaign period in relation to the election, endorsed by a registered party, any amount of electoral expenditure that is –

(a) incurred by that party (whether or not as an agent for the candidate or Member) for the direct or indirect benefit of –

(i) the candidate or Member; or

(ii) the candidate or Member and other Assembly candidates, or Assembly Members, in relation to the election, who are endorsed by the registered party; and

(b) invoiced by that party to the candidate or Member for payment (whether or not the candidate or Member has a legal liability to pay to the party the amount invoiced).

57 Registered parties and endorsed Members or candidates

If electoral expenditure is, during an election campaign period in relation to an Assembly election, incurred by or on behalf of any of the following:

(a) a registered party;

(b) an Assembly Member who, at the time at which the expenditure is incurred, is endorsed by a registered party;

(c) an Assembly candidate who, at the time at which the expenditure is incurred, is endorsed by a registered party –

the party agent in relation to the registered party is required to disclose the expenditure in an Assembly election campaign return that is lodged under section 71 before the end of 60 days after the end of the election campaign period.

58 Independent Assembly Members and independent Assembly candidates

(1)  If electoral expenditure is, during an election campaign period in relation to an Assembly election, incurred by or on behalf of an Assembly Member who is, at the time at which the expenditure is incurred, an independent Assembly Member, the official agent in relation to the independent Assembly Member is required to disclose the expenditure in an Assembly election campaign return that is lodged under section 71 before the end of 60 days after the end of the election campaign period.

(2)  If electoral expenditure is, during an election campaign period in relation to an Assembly election, incurred by or on behalf of an Assembly candidate who is, at the time at which the expenditure is incurred, an independent Assembly candidate, the official agent in relation to the independent Assembly candidate is required to disclose the expenditure in an Assembly election campaign return that is lodged under section 71 before the end of 60 days after the end of the election campaign period.

59 Associated entities

If electoral expenditure is, during an election campaign period in relation to an Assembly election, incurred by or on behalf of an associated entity, the official agent in relation to the associated entity is required to disclose the expenditure in an Assembly election campaign return that is lodged under section 71 before the end of 60 days after the end of the election campaign period.

60 Third-party campaigners

If electoral expenditure of more than $5 000 is, during an election campaign period in relation to an Assembly election, incurred by or on behalf of a third-party campaigner in relation to the election, the official agent in relation to the third-party campaigner is required to disclose the expenditure in an Assembly election campaign return that is lodged under section 71 before the end of 60 days after the end of the election campaign period.

61 Election expenditure disclosure requirements where person or entity ceases to be type of person or entity

If –

(a) a party agent, or official agent, is or was required under this Part to make a disclosure of electoral expenditure incurred, during an election campaign period in relation to an election, by or on behalf of a registered party, Member, candidate, associated entity or a third-party campaigner in relation to the election; and

(b) the –

(i) registered party, Member, candidate or associated entity has ceased to be a registered party, a Member, a candidate or an associated entity; or

(ii) Member, or candidate, is an Assembly Member or Assembly candidate who has become, or has ceased to be, endorsed by a registered party; or

(iii) third-party campaigner has ceased to be an incorporated or unincorporated body of persons or a trustee –

the party agent, or official agent, respectively, continues to be required to make the disclosure at the time at which the disclosure is required to be made.

62 Details required in disclosure of electoral expenditure

(1)  A disclosure of electoral expenditure under this Part by a registered party in relation to an Assembly general election is to include, as far as possible, details of electoral expenditure incurred substantially for the purposes of the election in a particular division.

(2)  For the purposes of subsection (1) , electoral expenditure is only incurred for the purposes of the election in a particular division if the expenditure is for advertising, or other material, that –

(a) explicitly mentions the name of a candidate in the election in that division or the name of the division; and

(b) is communicated to electors in that division; and

(c) is not mainly communicated to electors outside that division.

63 Separate disclosures not required of same item

An item that is disclosed under this Part –

(a) in relation to a Member need not also be disclosed in the Member’s capacity as a candidate; and

(b) in relation to a candidate need not also be disclosed in the candidate’s capacity as a Member.

Division 4 Requirements for payment of electoral expenditure

64 Payments of electoral expenditure to be made from party campaign account

(1)  It is unlawful for a registered party to make a payment –

(a) for electoral expenditure in relation to an Assembly election; or

(b) to reimburse electoral expenditure incurred by another person for the election or re-election, of an Assembly candidate or Assembly Member –

unless the payment is made from the campaign account of the registered party by the party agent in relation to the registered party or a person authorised under section 65(6) by the party agent in relation to a registered party.

(2)  This section does not prevent payments, other than for electoral expenditure, being made out of the campaign account of a party for objects and activities of the party that are referred to in section 37(1) .

65 Requirements if party agent responsible for disclosure of electoral expenditure

(1)  It is unlawful for a party agent in relation to a registered party, or any person authorised under subsection (6) by a party agent in relation to a registered party, to make a payment –

(a) for electoral expenditure for the election or re-election, as an Assembly Member, of an Assembly Member who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred; or

(b) to reimburse electoral expenditure, incurred by another person, for the election or re-election, as an Assembly Member, of an Assembly Member who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred –

unless the payment is made from the campaign account of the registered party.

(2)  It is unlawful for a party agent in relation to a registered party, or any person authorised under subsection (6) by a party agent in relation to a registered party, to make a payment –

(a) for electoral expenditure for the election or re-election, as an Assembly Member, of an Assembly candidate who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred; or

(b) to reimburse electoral expenditure incurred by another person for the election or re-election, as an Assembly Member, of an Assembly candidate, who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred –

unless the relevant requirements are satisfied in relation to the payment.

(3)  For the purposes of subsection (2) , the relevant requirements are satisfied in relation to the payment if –

(a) the payment is made from the campaign account of the registered party; and

(b) the candidate was, at the time at which the expenditure to which the payment relates was incurred, registered in the Register of Candidates in relation to the election.

(4)  The guidelines may exclude minor payments from the operation of one or more requirements of subsection (3) .

(5)  This section does not prevent payments, other than for electoral expenditure, being made out of the campaign account of a party for objects and activities of the party that are referred to in section 37(1) .

(6)  Subject to the regulations, the party agent in relation to a registered party may, in writing, authorise a person to operate a campaign account of the party for the purposes of making, on behalf of the party agent, payments from a campaign account of the party.

66 Requirements in relation to independent Assembly Members and independent Assembly candidates

(1)  This section applies to –

(a) an independent Assembly Member; and

(b) an independent Assembly candidate.

(2)  It is unlawful for a Member, or candidate, to whom this section applies or applied, the official agent in relation to such a Member or candidate, or any other person authorised under subsection (5) by the official agent to operate a campaign account on behalf of the Member or candidate, to make a payment –

(a) for electoral expenditure, for the election or re-election, as an Assembly Member, of the Member or candidate, that is incurred at the time at which this section applies or applied to the Member or candidate; or

(b) to reimburse electoral expenditure incurred by another person for the election or re-election, as an Assembly Member, of the Member or candidate that is incurred at the time at which this section applies or applied to the Member or candidate –

unless the relevant requirements are satisfied in relation to the payment.

(3)  For the purposes of subsection (2) , the relevant requirements are satisfied in relation to the payment if –

(a) the payment is made, from the campaign account of the Member or candidate, by the official agent in relation to that Member or candidate or any person authorised under subsection (5) to operate the campaign account on behalf of the Member or candidate; and

(b) in the case of a candidate – the candidate is registered in the Register of Candidates.

(4)  The guidelines may exclude minor payments from the operation of one or more requirements of subsection (3) .

(5)  Subject to the regulations, a Member or candidate to whom this section applies may, in writing, authorise a natural person (other than a Member or candidate) to operate a campaign account on behalf of the Member or candidate for the purpose of making, on behalf of the official agent in relation to the Member or candidate, payments from the campaign account.

67 Requirements for associated entity in relation to expenditure

(1)  It is unlawful for an associated entity, the official agent in relation to an associated entity, or any person authorised under section 94 to operate a campaign account on behalf of the associated entity, to make a payment –

(a) for electoral expenditure for the election or re-election, as an Assembly Member, of a Member or candidate; or

(b) to reimburse electoral expenditure incurred by another person for the election or re-election, as an Assembly Member, of a Member or candidate –

unless the relevant requirements are satisfied in relation to the payment.

(2)  For the purposes of subsection (1) , the relevant requirements are satisfied in relation to the payment if –

(a) the payment is made, from the campaign account of the associated entity, by the associated entity, the official agent or the person authorised under section 94 ; and

(b) the associated entity is registered under this Act in the Register of Associated Entities.

(3)  The guidelines may exclude minor payments from the operation of one or more requirements of subsection (2) .

68 Requirements for payment of electoral expenditure by third-party campaigner

(1)  It is unlawful for a third-party campaigner in relation to an Assembly election, the official agent in relation to a third-party campaigner, or any person authorised under section 94 in relation to a third-party campaigner, to make a payment –

(a) for electoral expenditure for the election or re-election, as an Assembly Member, of a Member or candidate; or

(b) to reimburse electoral expenditure incurred by another person for the election or re-election, as an Assembly Member, of a Member or candidate –

unless the relevant requirements are satisfied in relation to the payment.

(2)  For the purposes of subsection (1) , the relevant requirements are satisfied in relation to the payment if –

(a) the payment is made, from the campaign account of the third-party campaigner, by the third-party campaigner, the official agent or the person authorised under section 94 ; and

(b) the third-party campaigner is registered under this Act in the Register of Third-party Campaigners in relation to the election.

(3)  The guidelines may exclude minor payments from the operation of one or more requirements of subsection (2) .

Division 5 Offences

69 Offence to do act that is unlawful under this Part

A person must not do any act that is unlawful under this Part if the person, at the time of the act, knows, or ought to have known, of the facts that result in the act being unlawful.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

Part 7 Assembly Election Campaign Returns

70 Certain persons to lodge returns even if no political donations or electoral expenditure incurred

(1)  A party agent is required to lodge with the Commission under section 71 , before the end of 60 days after the end of the election campaign period in relation to an Assembly election, an Assembly election campaign return in relation to the election campaign period.

(2)  If a person was, at any time during an election campaign period in relation to an Assembly election in respect of a division of the Assembly –

(a) an independent Assembly Member in respect of the division; or

(b) an independent Assembly candidate who is a candidate in relation to an election in respect of the division –

the official agent in relation to the person is required to lodge with the Commission under section 71 , before the end of 60 days after the end of the election campaign period, an Assembly election campaign return in relation to the election campaign period.

(3)  An official agent in relation to an associated entity is required to lodge with the Commission under section 71 , before the end of 60 days after the end of the election campaign period in relation to an Assembly election, an Assembly election campaign return in relation to the election campaign period.

(4)  A requirement under this section applies, to a party agent or official agent, in relation to an election campaign period even if there are, during the election campaign period, no reportable political donations or electoral expenditure that the party agent, or official agent, respectively, is required under this Act to disclose.

71 Assembly election campaign returns

(1)  A party agent, or official agent, is to lodge with the Commission, in the approved manner, an Assembly election campaign return in the approved form.

(2)  Without limiting subsection (1) , the regulations or the Commission may make provision for an electronic or internet-based system of lodgment of an Assembly election campaign return.

(3)  An Assembly election campaign return, in relation to an election campaign period, that is lodged by a party agent or official agent is to include –

(a) disclosures of all electoral expenditure that the party agent, or official agent, is required under Part 6 to disclose in relation to the election campaign period; and

(b) disclosures, in relation to each reportable political donation, that the party agent, or official agent, is required under Part 5 to disclose in relation to the election campaign period; and

(c) disclosure of the total amount of political donations, during the election campaign period, that are not reportable political donations but that are political donations (including small contributions) that the party agent, or official agent, would be required under Part 5 to disclose if the political donations were reportable political donations; and

(d) in the case of an Assembly election campaign return that is –

(i) lodged, in relation to a registered party, by a party agent in relation to the registered party; or

(ii) lodged, in relation to an associated entity, by an official agent in relation to the associated entity –

disclosure of the relevant debt information, in respect of the election campaign period, in relation to the registered party, or associated entity, respectively; and

(e) if there are no political donations, or electoral expenditure, that the party agent, or official agent, is required under Part 5 or Part 6 to disclose – a disclosure to that effect; and

(f) a disclosure of the amount of each contribution, during the election campaign period –

(i) that is made by an Assembly Member, or Assembly candidate, to finance the campaign for the election, as an Assembly Member, of the Member or candidate; and

(ii) that the party agent, or official agent, respectively, would have been required to disclose under Part 5 if the contribution had been a political donation –

and the terms on which the contribution was made.

(4)  In subsection (3)(d) , a reference to the relevant debt information, in respect of an election campaign period, in relation to a registered party or an associated entity, means the following information:

(a) the total outstanding amount, at the end of the election campaign period, of all debts (other than an obligation to pay interest on a loan) incurred by, or on behalf of, the party or entity, in the 12-month period before the end of the election campaign period;

(b) [Section 71 Subsection (4) amended by No. 1 of 2025, s. 13, Applied:01 Jul 2025] if the sum of all debts (other than an obligation to pay interest on a loan) to a person, incurred by, or on behalf of, the party or associated entity, is more than $1 000 –

(i) the name and address of the person; and

(ii) the sum of the debts to the person; and

(iii) a statement as to whether the person is, or is not, a financial institution; and

(iv) any other prescribed information in relation to the debt or the person.

(5)  An Assembly election campaign return lodged by a party agent, or official agent, under this section in relation to an election campaign period must contain a statement to the effect that –

(a) all disclosures that the party agent, or official agent, is required under Part 5 or Part 6 to disclose in relation to the period; and

(b) a disclosure consisting of the total amount referred to in subsection (3)(c) ; and

(c) all disclosures that the party agent, or official agent, is required under subsection (3)(d) , (e) or (f) to include in the return –

have been made and are true and correct.

(6)  If a person, in an election campaign period in relation to an election, qualifies as more than one of the following:

(a) an associated entity;

(b) a third-party campaigner in relation to the election;

(c) a significant political donor –

the official agent of the associated entity, third-party campaigner or significant political donor may lodge a single Assembly election campaign return under this Act in relation to the election campaign period.

(7)  A party agent in relation to a registered party may lodge, in relation to an election campaign period in relation to an Assembly election, a single Assembly election campaign return in relation to –

(a) the registered party; and

(b) Assembly Members who are endorsed by the registered party; and

(c) Assembly candidates who are endorsed by the registered party –

but the single Assembly election campaign return must separately identify the disclosures relating to the party and to each Member or candidate.

(8)  An Assembly election campaign return lodged under this section is required to be vouched for in the manner prescribed by the regulations, if any, which may include by way of statutory declaration.

72 Extension of date for making return

(1)  A party agent, or official agent, who –

(a) is required under this Act to lodge an Assembly election campaign return in relation to an election; but

(b) is unable to lodge a complete Assembly election campaign return by the day (the due date) that is 60 days after the end of the election campaign period in relation to the election –

may, before the due date, request the Commission to extend the due date for lodging the Assembly election campaign return.

(2)  The Commission may, if satisfied that there is good cause to do so, extend the due date for the lodging, by a particular party agent or particular official agent, of the Assembly election campaign return to a day that the Commission considers appropriate in the circumstances.

(3)  The due date for lodging an Assembly election campaign return cannot be extended under this section by more than 30 days.

(4)  The Commission may, as a condition of extending the due date for the lodging, by a particular party agent or particular official agent, of an Assembly election campaign return, require the party agent or official agent to lodge an Assembly election campaign return containing disclosures that the party agent or official agent is able to make at a time specified by the Commission.

(5)  If the Commission extends the due date for the lodging, by a party agent or official agent, of an Assembly election campaign return in relation to a disclosure, the day by which, under this Act, the return is required to be lodged by the agent is to be taken to be the due date for lodgment as so extended.

73 Amendment of Assembly election campaign return

(1)  In this section –

amend includes alter, omit, add and substitute.

(2)  The party agent, or official agent, who lodged under section 71 an Assembly election campaign return (or that agent’s successor as party agent or official agent) may amend the Assembly election campaign return by lodging with the Commission an amended Assembly election campaign return.

(3)  The amended Assembly election campaign return is to be in the approved form and lodged with the Commission in the approved manner.

(4)  This section does not affect the liability for an offence in connection with the original Assembly election campaign return that is amended.

74 Commission to check, and may audit, Assembly election campaign return

(1)  On receiving an Assembly election campaign return lodged under section 71 , or an amended Assembly election campaign return lodged under section 73 , the Commission is to satisfy itself that all particulars required to be included in the return have been included.

(2)  The Commission may audit an Assembly election campaign return or an amended Assembly election campaign return.

(3)  A person who is or was a registered party, Member, candidate, associated entity, third-party campaigner in relation to an election, party agent or official agent must assist the Commission by –

(a) giving the Commission full and free access at all reasonable times to all accounts and documents, relating directly or indirectly to any matter required to be disclosed under this Act in an Assembly election campaign return, that are in the possession of the person or that the person may reasonably obtain; and

(b) giving the Commission all information and explanations that the Commission reasonably requests in respect of any matter required to be set out in the Assembly election campaign return.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(4)  The Commission may appoint an auditor to audit Assembly election campaign returns, and amended Assembly election campaign returns, on its behalf.

(5)  An auditor appointed under subsection (4) has and may exercise the same functions as the Commission has under this section in relation to an audit of an Assembly election campaign return or an amended Assembly election campaign return.

(6)  An audit under this section is to be conducted in the manner, if any, prescribed in the regulations.

75 Publication on Commission website of Assembly election campaign returns, &c.

(1)  If an Assembly election campaign return, or an amended Assembly election campaign return, is lodged with the Commission under section 71 or section 73 , the Commission must ensure that –

(a) within 21 days, a copy of the Assembly election campaign return, or of the amended Assembly election campaign return, respectively, is published on a Commission website; and

(b) the copy continues to be so published for a period of at least 6 years.

(2)  The Commission may decline to publish on a Commission website, or may remove from a Commission website, any Assembly election campaign return, or any amended Assembly election campaign return, that the Commission has reason to suspect is vexatious, false or misleading.

(3)  A copy of each Assembly election campaign return and each amended Assembly election campaign return –

(a) is to be kept by the Commission for a period of at least 6 years after the return is lodged with the Commission; and

(b) is to be available during that period for public inspection, at the offices of the Commission, during the ordinary office hours of the Commission.

76 Offences relating to Assembly election campaign returns

(1)  A person who is required under a provision of Part 6 to make a disclosure in an Assembly election campaign return under section 71 must make the disclosure within the period specified in that provision as the period within which the disclosure is required to be made in an Assembly election campaign return lodged under section 71 with the Commission.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  A person who is required under section 70 to lodge an Assembly election campaign return under section 71 must lodge the Assembly election campaign return within the period specified in section 70 as the period within which the Assembly election campaign return is to be lodged with the Commission.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  A person who is required under a provision of Part 6 to make a disclosure in an Assembly election campaign return under section 71 must not fail, without reasonable excuse, to lodge under section 71 a complete Assembly election campaign return containing the disclosure and any other disclosures that are required under section 71 to be included in the return.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(4)  A person who is required under section 70 to lodge an Assembly election campaign return under section 71 must not fail, without reasonable excuse, to lodge under section 71 a complete Assembly election campaign return.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.