This bill
purports to amend the Commonwealth Electoral Act 1918 to:
establish public registers for key non-party political actors; require
non-financial particulars, such as senior staff and discretionary government
benefits, to be reported; prohibit donations from foreign governments and
state-owned enterprises being used to finance public debate; require wholly
political actors to verify that donations over $250 come from an organisation
incorporated in Australia, or with its head office or principal place of
activity in Australia, or an Australian citizen or Commonwealth elector;
prohibit other regulated political actors from using donations from foreign sources
to fund reportable political expenditure; limit public election funding to
demonstrated electoral spending; amend the enforcement and compliance regime
for political finance regulation; and enable the Electoral Commissioner to
prescribe certain matters by legislative instrument; and Referendum
(Machinery Provisions) Act 1984 to make consequential amendments.
The
bill contains these clauses in relation to not only donations made to political parties but also to donations made to advocacy groups and charities which lobby government:
# 287AA Meaning of allowable donor
(1) A person or entity is an
allowable donor if:
(a) for an individual who makes a gift—the individual:
(i) is an elector;
or
(ii) is an
Australian citizen; or
(iii) is an
Australian resident, unless a determination is in force under subsection
(2) determining that Australian residents are not allowable donors;
or
(b) for an entity that makes a gift:
(i) the entity is incorporated
in Australia; or
(ii) for an entity
that is not incorporated—the entity’s head
office or principal place of activity is in Australia; or
(c) for a person or entity that is a trustee of an unincorporated trust
fund or unincorporated foundation, out of which a gift is made—the person or
entity is an allowable donor within the meaning of paragraph (a), (b) or (d);
or
(d) the person or entity is in a class of persons or entities prescribed
by the regulations for the purposes of this paragraph. Australian residents
(2) For the purposes of subparagraph (1)(a)(iii), the Minister may,
by legislative instrument, determine
that Australian residents are not allowable donors.
# 302P Information relating to allowable donor status
(1) A person (the first person) obtains appropriate donor
information from another person establishing that the other person is an allowable
donor if:
(a) the first person
obtains a statutory declaration from the other person declaring that the other
person is an allowable donor (unless subsection (2) applies); or
(b) if the
regulations determine information that the first person may seek from the other
person in order to establish that the other person is an allowable donor—the
first person obtains 11 that information from the other person.
(2) For the purposes of paragraph (1)(b), the regulations may (but
are not required to) determine that a statutory declaration that a person is an
allowable donor is not appropriate donor information.
Note: A person who
obtains appropriate donor information may not commit an offence or contravene a
civil penalty provision in this Division (see 17 subsection 287(9) and section
302M).
It should be
noted that approved witnesses to a Commonwealth
statutory declaration come from specific occupational pools and only
justices of the peace are prohibited from charging a fee to act as a witness.
It should be further noted that these clauses are in addition to the bill's amending of the definition of an associated entity which GetUp! asserts threatens its independence.
GetUp! had this to say on the subject:
Our lawyers just
uncovered a killer clause in the Turnbull Government's new anti-democratic
legislation that would decimate GetUp's ability to fundraise.Can you
dig deep to help establish a GetUp Survival War Chest -- while we still can?
If passed, this killer
clause would force then anyone who contributes as little as $4.80 a week to the
GetUp movement to provide a signed and witnessed statutory
declaration.
The impossibility of collecting thousands upon thousands of these documents
would spell the end of people-powered fundrasing as we know it.
Of course, we're going to fight tooth and nail to stop this legislation in its
tracks. But to prepare for the worst, we're creating a GetUp Survival War
Chest, to ensure we run can keep our campaigns thriving no matter what.
Can you dig deep now (while we still can) as an act of defiance against this
effort to choke off our people powered impact?