Political Finance Database

"In late 2018 the Parliament passed legislation to ban political donations of $1,000 or more from foreign sources."

Source: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BriefingBook46p/PoliticalFinance

Restrictions on gifts from foreign donors came into effect from January 1st 2019 as a result of the passage of the Electoral Legislation Amendment  (Electoral Funding and Disclosure Reform) Act 2018. 

. "Gifts of over $1,000 to political entities (broadly, registered political parties, candidates and Senate groups) or political campaigners must not be made by foreign donors. A foreign donor is a person who does not have a connection to Australia, such as a person who is not an Australian citizen or an entity that does not have a significant business presence in Australia" .

"A foreign donor must not make gifts to a political party or political campaigner for $100 or more if the purpose is for the gift to be used for electoral expenditure or for creating or communicating electoral matter".

Sources:  Section 302 Commonwealth Electoral Act 1918 (Compilation 63).

Australian Electoral Commission, Foreign Donations   https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/Overview.htm

"In late 2018 the Parliament passed legislation to ban political donations of $1,000 or more from foreign sources."

Source: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BriefingBook46p/PoliticalFinance

"Gifts of over $1,000 to political entities (broadly, registered political parties, candidates and Senate groups) or political campaigners must not be made by foreign donors"

 Source: Section 302,Commonwealth Electoral Act, 1918 (Compilation 63).

While no ban exists on corporate donations, the donations must be disclosed to the Australian Electoral Commission if it is above a certain threshold. Donations from companies to candidates are listed on the donor transparency register. 

"In Australia, for substantial sums of money across many companies, it is impossible to tell the full amount of political expenditure or the extent to which the expenditure reflects the personal whim or short-term interests of boards or genuinely advances long-term shareholder interests"

 Sources: Australian Electoral Commission:  https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm (updated 28th May 2019)

Tranparency Register of election donations,  https://transparency.aec.gov.au/Donor

Corporate Political Expenditure in Australia. Howard Pender, Research Director. Australasian Centre for Corporate Responsibility, p.20 June 2016.  

The Australian Electoral Commission is required to establish and maintain a Transparency Register which lists donations to political parties by Associated  Entities which include Trade Unions.  

Sources : Section 287N (1),  Commonwealth Electoral Act, 1918. (Compilation 68).

Australian Electoral Commission Transparency Register for Associated Entities, see  https://transparency.aec.gov.au/AnnualAssociatedEntity

The Commonwealth funding and disclosure scheme detailed under Part XX of the Commonwealth Electoral Act 1918 (Electoral Act) requires associated entities, which include trade unions, to lodge annual returns. The Commission Transparency Register of associated entity returns shows the funds provided by trade unions to political parties.  

Sources: Australian Electoral Commission associated entity returns,  https://transparency.aec.gov.au/AnnualAssociatedEntity

Part XX, the Commonwealth Electoral Act, 1918 (Compilation 68). 

The consquences of the current restrictions on foreign donations means that in effect the limit for anomymous donations is now $1000.  

Source: Section 302, Commonwealth Electoral Act, 1918 (Compilation no 63).

No ban exists on anonymous donations if they are below the current donations threshold as set by the Australian Electoral Commission.

Source: Australian Electoral Commission:  https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm (updated 28th May 2019)

Legislation relating to donations to political parties makes no specific reference to corporations with government contracts.

Source; Part XX, Election funding and financial disclosure, Commonwealth Electoral  Act 1918, Compilation no 68 (Registered 12.3.2019) 

Legislation relating to donations to political parties makes no specific reference to corporations with government contracts to candidates.

Source; Part XX, Election funding and financial disclosure, Commonwealth Electoral Act 1918, (Compilation no 68). 

Legislation relating to donations to political parties makes no specific reference to corporations that are partially owned by government.

Source; Part XX, Election funding and financial disclosure, Commonwealth Electoral Act 1918, (Compilation no 68). 

Legislation relating to donations to candidates makes no specific reference to corporations with partial government ownership.

Source; Part XX, Election funding and financial disclosure, Commonwealth Electoral Act 1918,( Compilation no 68). 

There is evidence of political bias in the use of state resources. For example the National Audit Office investigation of the awarding of Federal grants under the Community Sport Infrastructure Program found that "the Minister’s Office focused on ‘marginal’ electorates held by the Coalition as well as those electorates held by other parties or independent members that were to be ‘targeted’ by the Coalition at the 2019 Election. A total 61% of all grants approved by the Minister did not meet the  cut off score based on Sport Australia’s assessed merit". No penalty was applied to the Minister responsible for the approval of the grants. 

Source: The  Auditor-General Report No.23 2019–20 Performance Audit of funding under the Community Sport Infrastructure Program.15 January 2020.

Donations can be made continously and are required to be reported in political party annual returns. The same provisons apply with respect to the threshold for disclosure of donations regardless of when they are made, or how frequently.

Sources: Australian Election Commission Transparency Register  see https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/

Disclosure threshold see https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

The only requirement is that donations recieved by poltical parties above the threshold limit are reported in the Party's election return to the Electoral Commission. Sources: Australian Election Commission Transparency Register  see https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/.

Disclosure threshold, see  .https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

Source

The only requirement is that donations recieved by candidates above the threshold limit are reported in the candiate's electoral return to the Australian Electoral Commission.Commission.

Sources: Australian Election Commission Transparency Register  see https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/ . Australian Electoral Commission Disclosure Threshold, see https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

The Australian Electoral Commision requires that the annual returns for organisations and and individual donars must disclose details of donations, including gifts -in-kind made to poltical parties totalling more than the disclosure threshold for donations. 

Source: Australian Electoral Commission, Financial Disclosure Overview,  https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/Overview.htm

The Australian Electoral Commision requires that the annual returns of candidates must disclose details of donations, including gifts -in-kind  totalling more than the disclosure threshold for all donations. 

Source: Australian Electoral Commission, Financial Disclosure Guide for Candidates and Senate Groups, p.5,  

The Australian Electoral Commission political party guidelines make no reference to enagement in commercial enterprises.

Source; Australian Electoral Commission, Federal registration of poliitcal parties, Party Registration Guide,   https://www.aec.gov.au/Parties_and_Representatives/Party_Registration/guide/files/party-registration-guide-2018.pdf

" (1) It is unlawful for any of the following:  (a) a political party or a State branch of a political party;  (b) a person acting on behalf of a political party or a State branch of a political party;  (c) a political campaigner, or a person acting on behalf of a political campaigner; to receive a loan of more than the disclosure threshold from a person or entity other than a financial institution unless the loan is made in accordance with subsection (3)" Subsection 3  sets out the detailed information that must be recorded about the loan. 

Source: Section306A:  Certain loans not to be received, Commonwealth Electoral Act 1918 (Compilation no 68).
 

• There are no specific provisions that donations must go through the banking system.  However, party bank accounts are required in order that Parties follow the Australian Electoral Commission Financial Disclosure Guide for Political Parties. 

• Source: Australian  Electoral Commission, Financial Disclosure Guide for Political Parties. https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/political-parties/files/political-parties-2018-19.pdf

   

Election funding may be payable in relation to registered political parties, candidates and groups. The election funding is payable in relation to any candidate who received more than 4% of the total first preference votes cast in the election. Election funding of $10,000 (as indexed) is paid as soon as practicable 20 days after the polling day for the election or elections. However, a claim must be made for election funding if more than that amount is to be paid.

Source: Div 3, Section 292G, Commonwealth Electoral Act, 2018 (Compilation 68).

Election funding may be payable in relation to registered political parties, candidates and groups. The election funding is payable in relation to any candidate who received more than 4% of the total first preference votes cast in the election.  

Source:: Div 3, Section 292G, Commonwealth Electoral Act, 2018 (Compilation 68).

The current election funding rate and automatic payment amount are indexed every six months in accordance with section 321 of the Commonwealth Electoral Act 1918. The rate aplying between Jan1 to 30 June 2020 was $2.801 per eligable vote and the automatic payment amount was $10,124,834. 

Source: Australian Electoral Commission Election Funding rates https://www.aec.gov.au/Parties_and_Representatives/public_funding/Current_Funding_Rate.htm

If a party wishes to claim more than the automatic public funding payment of $10,000, the details of election expendiure must be provided to substantiate the claim. 

Source: Subdivision C, Sections 297 and 298, Commonwealth Electoral Act, 2018 (Compilation 68)

Section 79A of the Australian Broadcasting Corporations Act 1983 (Compilation 28)

 Allocation of free broadcasting time to poltical parties during election periods. Policy Statement Australian Broadcasting Commission October 2014 http://about.abc.net.au/wp-content/uploads/2016/12/FreeTimeElectionBroadcastsPolicySep2014POL.pdf

"Under Section 79A of the Australian Broadcasting Corporation Act 1983, the ABC may determine to what extent and in what manner it will broadcast political matter.  The Government and the official Opposition in an outgoing Federal, State or Territory Parliament or Assembly are granted equal time by the ABC for election broadcasts within the relevant jurisdiction during election campaigns. When political parties are in coalition, either as a Government or as the official Opposition, the ABC will provide an equal allocation of time to the Government and to the official Opposition, leaving it to the parties which are in coalition to divide the time between them as they see fit."  The ABC Board also determines criteria for 'eligible minor parties' to access 'free election broadcast time'. 

Source:Allocation of free broadcasting time to political parties during election periods. Policy Statement Australian Broadcasting Commission October 2014 http://about.abc.net.au/wp-content/uploads/2016/12/FreeTimeElectionBroadcastsPolicySep2014POL.pdf

Section 79A of the Australian Broadcasting Corporations Act 1983 (Compilation 28)

 Allocation of free broadcasting time to political parties during election periods. Policy Statement Australian Broadcasting Commission October 2014 http://about.abc.net.au/wp-content/uploads/2016/12/FreeTimeElectionBroadcastsPolicySep2014POL.pdf

• Political gifts and contributions can be made in a personal capacity (to be tax deductible) to political parties, independent candidates and members up to a A$1,500 cap respectively ie. total deduction of A$3,000.

• Source: Australian TaxOffice, Claiming Political Contributions and Gifts

• https://www.ato.gov.au/Non-profit/Gifts-and-fundraising/In-detail/Fundraising/Claiming-political-contributions-and-gifts/

 Legislation provides that a person cannot ask for, receive or obtain, or give or confer, any property or benefit with the intention of influencing the vote or candidature of a person at a federal election. The electoral bribery offence does not apply to declarations of public policy or promises of public action.

If a person is found guilty of this offence, a court may impose a penalty of imprisonment of up to 2 years or 50 penalty units, or both.

Source:  Section 326 (1) (2)  Commonwealth Electoral Act 2018 (Compilation 68)

Source: Election Funding and disclosure in Australian states and territories: a quick guide. Dr Damon Muller, Politics and Public Administration Section, Australain Parliamentary Library, November 2019.   https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1819/Quick_Guides/ElectionFundingStates

Source:  Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)

Source:  Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)

Source:  Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)

Source:  Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)

Source:  Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)

Political parties registered with the Australian Electoral Commission are required under  Part XX of the Commonwealth Electoral Act 1918 to lodge an annual Political Party Disclosure Return which must reach the Commission no later than 16 weeks after the end of the financial year.

Source: Australian Electoral Commission, Disclosure Guide for Political Parties 2018-19 financial year https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/political-parties/files/political-parties-2018-19.pdf

Political Party finances in relation to election campaigns are included in the Party annual financial reports lodged with the Australian Electoral Commission

Source: Australian Electoral Commision, Financial Disclosure Overview. https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/Overview.htm

Candidates have to lodge election disclosures 15 weeks after polling day outlining details of donations received, number of donors and details of expenditures

Sources: 

Sections 304 and 309, Commonwealth Electoral Act,2018 (Compilation 68).

Australian Electoral Commission, 'Financial Disclosure Guide for Candidates and Senate Groups 2019 Federal Election https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/files/financial-disclosure-guide-for-candidates-and-senate-groups-2019-federal-election.pdf

Third parties are required to provide an annual return to the Australian Electoral Commission by 17th November each year.

Source: Financial Disclosure Guide  for third parties https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/third-parties/index.htm

The Australian Electoral Commission is required to publish annual returns by political parties, political campaigners, associated entities, third parties and donors before the end of the first business day in February each year after the return is provided.

All political party, associated entity and donor returns from financial year 1998-1999 onwards and third party returns from financial year 2006-2007 onwards are available on the Transparency Register.

The Australian Electoral Commission is required to publish federal election returns by candidates before the end of 24 weeks after polling day. All candidate and Senate group returns from the 1996 federal election onwards  are available on the Transparency Register.

Sources: Part XX Commonwealth  Electoral Act 1918 (Compilation 68).

Australian Electoral Commission Financial disclosure overview, https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/Overview.htm

Disclosure of certain information (e.g. details of gifts and donations) is subject to a minimum threshold below which disclosure is not required.

The Australian Electoral Commission financial disclosure scheme was amended with effect from 8 December 2005 to increase the threshold to 'more than $10 000'. This amount is indexed with effect from 1 July each year based on increases in the consumer price index.

The disclosure threshold amount that will apply from 1 July 2019 to 30 June 2020 is more than $14,000

Source:  https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

The Australian Electoral Commission requires that the annual returns lodged by political paries with the Commission include total reciepts, value of gifts in kind and details of receipts greater than the disclosure theshold. 

Source:Financial Disclosure Guide for Political Parties, May 2019, https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/political-parties/files/political-parties-2018-19.pdf

• Political Parties include itemised expenditure in their annual returns. Candidates are required to provide information on all campaign expenditure after every election..  

• Sources

  Section 309(2) and (3) Commonwealth Electoral Act, 1918 (Compilation 63). 

  Australian Electoral Commission, 'Financial Disclosure Guide for Candidates and Senate Groups' 2019 Federal Election https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/files/financial-disclosure-guide-for-candidates-and-senate-groups-2019-federal-election.pdf

  Australian Electoral Commission, Financial Disclosure Guide for Political Parties, https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/political-parties/files/political-parties-2018-19.pdf 

The Australain Electoral Commission receives annual financial disclosure returns from poltical parties and financial disclosure returns from candidates following elections.  

Source: Part XX of the Commonwealth Electoral Act, 1918

• The AEC has been given authority to undertake investigations concerning compliance with the disclosure obligations contained in Part XX of the Electoral Act.  Section 316(2A) of the Electoral Act provides an authorised officer with the authority to find out whether a prescribed person, the agent of a political party, or the financial controller of an associated entity has complied with their obligations under Part XX of the Electoral Act.

• Source

  Australian Electoral Commission, 'Financial Disclosure Compliance Framework' July 2017, p. 6

• Source

  • The Australian Electoral Commission can undertake compliance reviews of a sample of returns, conduct investigations of contraventions of returns and conduct investigations of entities to determine if they have disclosure obligations.  They can refer those who have not met obligations for prosecution.

  • Source 

    Australian Electoral Commission, 'Financial Disclosure Compliance Framework' July 2017

    https://www.aec.gov.au/Parties_and_Representatives/compliance/

• Sections 315 and 316 of the Electoral Act set out the offences and the relevant penalties that relate to Part XX of the Electoral Act.  Fines are incurred for serious violations, while providing false or misleading information can incure a prison sentence of 6 months.

• Source:Australian Electoral Commission, 'Financial Disclosure Compliance Framework' July 2017, pp.14, 16.