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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Commonwealth Electoral Amendment (Disclosure of Political Donations) Bill 2021
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Member for Indi, Dr Helen Haines MP
Commonwealth Electoral Amendment (Disclosure of Political Donations) Bill 2021
OUTLINE
The Bill amends the Commonwealth Electoral Act 1918 ("the Act") to require registered
political parties, State branch of political parties, an individual political candidate, a group of
political candidates, or associated entities to:
• disclose all (cumulative) donations received equal to or above $1,000 (non-indexed)
from the same person or entity on a quarterly basis to the Australian Electoral
Commission ("AEC") for immediate publication on the Transparency Register; and,
• disclose all (cumulative) donations received equal to or above the indexed AEC
threshold (currently $14,500) from the same person or entity within 5 business days
of receipt to the AEC for immediate publication on the Transparency Register.
New financial penalties will also apply if these disclosure requirements are not met.
Currently, political parties are only required to provide the AEC with an annual return which
provides details about donations equal to or above the disclosure threshold of $14,500.
These disclosures often occur after elections hampering public trust and transparency.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
This clause provides for the Bill, once enacted, to be cited as the Commonwealth Electoral
Amendment (Disclosure of Political Donations) Act 2021.
Clause 2: Commencement
This clause provides for the Bill to commence on the next 1 July after Royal Assent.
Clause 3: Schedules
Schedule 1 - Amendments
Item 1
Item 1 inserts new provisions requiring quarterly disclosure of (cumulative) donations from
the same person or entity equal to or above $1,000 (non-indexed) on a quarterly basis, and
'real time' disclosure of (cumulative) donations from the same person or entity equal to or
above the current AEC threshold ($14,500) within 5 business days of receipt.
A contravention of these provisions attracts 60 penalty units or a fine three times the amount
of the undisclosed donation, whichever is higher.
Item 2
Item 2 requires the Electoral Commissioner to publish the above disclosures on the
Transparency Register as soon as reasonably practical after receiving the return.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Commonwealth Electoral Amendment (Disclosure of Political Donations) Bill 2021
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Bill amends the Commonwealth Electoral Act 1918 ("the Act") to require registered
political parties, State branch of political parties, an individual political candidate, a group of
political candidates, or associated entities to:
• disclose all (cumulative) donations received equal to or above $1,000 (non-indexed)
from the same person or entity on a quarterly basis to the Australian Electoral
Commission ("AEC") for immediate publication on the Transparency Register; and,
• disclose all (cumulative) donations received equal to or above the indexed AEC
threshold (currently $14,500) from the same person or entity within 5 business days
of receipt to the AEC for immediate publication on the Transparency Register.
New financial penalties will also apply if these disclosure requirements are not met.
Currently, political parties are only required to provide the AEC with an annual return which
provides details about donations equal to or above the disclosure threshold of $14,500.
These disclosures often occur after elections hampering public trust and transparency.
Human rights implications
This Bill may engage the implied right to freedom of political communication by seeking to
strengthen the framework surrounding the disclosure of political donations.
The bill seeks to improve public confidence in our political system by providing the public
with greater transparency regarding how our politicians and the parties they belong to may
(or may not) be influenced by donations.
Conclusion
This Bill is compatible with human rights and freedoms.
Dr Helen Haines MP