Commonwealth of Australia Explanatory Memoranda

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COMMONWEALTH ELECTORAL AMENDMENT (LOWERING THE DONATION DISCLOSURE THRESHOLD) BILL 2019

                                2019




    THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                  HOUSE OF REPRESENTATIVES




Commonwealth Electoral Amendment (Lowering the Donation Disclosure
                        Threshold) Bill 2019




                  EXPLANATORY MEMORANDUM
                                and
       STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS




                      Circulated by authority of
                Member for Mayo, Rebekha Sharkie MP


Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019 OUTLINE The Bill amends the Commonwealth Electoral Act 1918 ("the Act") to lower the political donation disclosure threshold from $13,800 to $1,000, and to remove ongoing indexation of that disclosure threshold. Currently, political parties are only required to provide the Australian Electoral Commission ('AEC') with an annual return which provides details of the donations received over the disclosure threshold of $13,800. 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 Amendment (Lowering the Donation Disclosure Threshold) Act 2019. 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 repeals and substitutes the current definition of the disclosure threshold contained within subsection 287(1), changing it from $13,800 to $1,000. Item 2 Item 2 repeals the indexation of the disclosure threshold as contained within section 321A.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019 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 lower the political donation disclosure threshold from $13,800 to $1,000, and to remove ongoing indexation of that disclosure threshold. Currently, political parties are only required to provide the Australian Electoral Commission ('AEC') with an annual return which provides details of the donations received over the disclosure threshold of $13,800. 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. Rebekha Sharkie MP


 


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