Australia

Question	Value
1. Is there a ban on donations from foreign interests to political parties?	CodeYes Comment "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 The Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 intoduced a number of amendments to restrict donations to poltical parties, candidates, associated entities and third parties and increase transparency of donations. Source: Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act, 2018. Source "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
2. Is there a ban on donations from foreign interests to candidates?	CodeYes Comment Source "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).
3. Is there a ban on corporate donations to political parties?	CodeNo Comment The financial disclosure scheme for Federal elections 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. Electoral legislation in some States and Territories ban donations from particular classes of donors e.g. Queensland law bans political donations from property developers. Electoral legislation in some States and Territories ban donations from particular classes of donors e.g. Queensland law bans political donations from property developers. Source: Australian Electoral Commission, Disclosure Threshold https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm Source: Queensland Electoral Commission, Prohibited Donors Scheme https://www.ecq.qld.gov.au/donations-and-gift-disclosure/prohibited-donors-scheme Source While no ban exists on corporate donations, the donation must be disclosed to the Australian Electoral Commission if it is above a certain threshold ($14,000 in 2019). No details of donations less than the threshold set by the Australian Electoral Commission are publicly available. The Australian Electoral Commission Transparency Register lists donations from corporations to political parties for each election. The Australasian Centre for Corporate Responsibility has expressed concern about the lack of transparency of corporate donations to political parties. "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 Tranparency Register for donors, see https://transparency.aec.gov.au/Donor Australian Electoral Commission, Disclosure Threshold https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm Australian Electoral Commission: https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm (updated 28th May 2019) Corporate Political Expenditure in Australia. Howard Pender, Research Director. Australasian Centre for Corporate Responsibility, p.20 June 2016. Year of data: 2019 Editorial State: SUBMITTED
4. Is there a ban on corporate donations to candidates?	CodeNo Comment The 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. No details of donations less than the threshold allowed by the Australian Electoral Commission are publicly available. Source: Australian Electoral Commission: https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm (updated 28th May 2019) Source 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.
5. Is there a ban on donations from Trade Unions to political parties?	CodeNo Comment Source 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
6. Is there a ban on donations from Trade Unions to candidates?	CodeNo Comment Source 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).
7. Is there a ban on anonymous donations to political parties?	CodeYes, above certain threshold Comment The section of the Commonwealth Electoral Act relating to anonymous donations was repealed when the Act was amended in 2018. Source: Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018. Source 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).
8. Is there a ban on anonymous donations to candidates?	CodeYes, above certain threshold Comment Source 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)
9. Is there a ban on donations from corporations with government contracts to political parties?	CodeNo Comment Source 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)
10. Is there a ban on donations from corporations with government contracts to candidates?	CodeNo Comment Source 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).
11. Is there a ban on donations from corporations with partial government ownership to political parties?	CodeNo Comment Source 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).
12. Is there a ban on donations from corporations with partial government ownership to candidates?	CodeNo Comment Source 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).
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	CodeNo Comment Source 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.
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?	CodeNo Comment 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. Annual returns are published on the Commission's Transparency Register. Source: Australain Election Commission Transparency Register, see https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/ Source 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
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?	CodeNot applicable Comment Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?	CodeNo Comment Source 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
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?	CodeNot applicable Comment Source
18. Is there a limit on the amount a donor can contribute to a candidate?	CodeNo Comment Source 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
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	CodeNot applicable Comment Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?	CodeNo Comment At the 2019 Federal election Clive Palmer, a candidate for the Clive Palmer Party, donated $84.450 million via his mining company Minerology to his own campaign Sources: Australian Electoral Commirssion, Transparency Register Poltical Party returns 2019 election https://transparency.aec.gov.au/AnnualPoliticalParty The Conversation: How big Money influenced the 2019 federal election - and what can be done to fix it. Feb 4 2020 see https://theconversation.com/how-big-money-influenced-the-2019-federal-election-and-what-we-can-do-to-fix-the-system-131141 Source
21. Is there a limit on in-kind donations to political parties?	CodeNo Comment Source 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
22. Is there a limit on in-kind donations to candidates?	CodeNo Comment Source 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,
23. Is there a ban on political parties engaging in commercial activities?	CodeNo Comment Source 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
24. Is there a ban on political parties taking loans in relation to election campaigns?	CodeYes Comment Source " (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).
25. Is there a ban on candidates taking loans in relation to election campaigns?	CodeNo Comment Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?	CodeNo Comment Source
27. Are there provisions requiring donations to go through the banking system?	CodeNo Comment Source 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

Question

Value

1. Is there a ban on donations from foreign interests to political parties?

CodeYes
Comment
"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

The Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 intoduced a number of amendments to restrict donations to poltical parties, candidates, associated entities and third parties and increase transparency of donations.

Source: Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act, 2018.
Source
"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

2. Is there a ban on donations from foreign interests to candidates?

CodeYes
Comment
Source
"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).

3. Is there a ban on corporate donations to political parties?

CodeNo
Comment
The financial disclosure scheme for Federal elections 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. Electoral legislation in some States and Territories ban donations from particular classes of donors e.g. Queensland law bans political donations from property developers. Electoral legislation in some States and Territories ban donations from particular classes of donors e.g. Queensland law bans political donations from property developers.

Source: Australian Electoral Commission, Disclosure Threshold https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

Source: Queensland Electoral Commission, Prohibited Donors Scheme https://www.ecq.qld.gov.au/donations-and-gift-disclosure/prohibited-donors-scheme
Source

While no ban exists on corporate donations, the donation must be disclosed to the Australian Electoral Commission if it is above a certain threshold ($14,000 in 2019). No details of donations less than the threshold set by the Australian Electoral Commission are publicly available. The Australian Electoral Commission Transparency Register lists donations from corporations to political parties for each election.

The Australasian Centre for Corporate Responsibility has expressed concern about the lack of transparency of corporate donations to political parties.

"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 Tranparency Register for donors, see https://transparency.aec.gov.au/Donor

Australian Electoral Commission, Disclosure Threshold https://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

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

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

Year of data:

2019

Editorial State:

SUBMITTED

4. Is there a ban on corporate donations to candidates?

CodeNo
Comment
The 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. No details of donations less than the threshold allowed by the Australian Electoral Commission are publicly available.

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

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.

5. Is there a ban on donations from Trade Unions to political parties?

CodeNo
Comment
Source
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

6. Is there a ban on donations from Trade Unions to candidates?

CodeNo
Comment
Source
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).

7. Is there a ban on anonymous donations to political parties?

CodeYes, above certain threshold
Comment
The section of the Commonwealth Electoral Act relating to anonymous donations was repealed when the Act was amended in 2018.

Source: Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018.
Source
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).

8. Is there a ban on anonymous donations to candidates?

CodeYes, above certain threshold
Comment
Source
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)

9. Is there a ban on donations from corporations with government contracts to political parties?

CodeNo
Comment
Source
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)

10. Is there a ban on donations from corporations with government contracts to candidates?

CodeNo
Comment
Source
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).

11. Is there a ban on donations from corporations with partial government ownership to political parties?

CodeNo
Comment
Source
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).

12. Is there a ban on donations from corporations with partial government ownership to candidates?

CodeNo
Comment
Source
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).

13. Is there a ban on the use of state resources in favour or against a political party or candidate?

CodeNo
Comment
Source
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.

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?

CodeNo
Comment
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. Annual returns are published on the Commission's Transparency Register.

Source: Australain Election Commission Transparency Register, see https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/
Source
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

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?

CodeNot applicable
Comment
Source

16. Is there a limit on the amount a donor can contribute to a political party during an election?

CodeNo
Comment
Source
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

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?

CodeNot applicable
Comment
Source

18. Is there a limit on the amount a donor can contribute to a candidate?

CodeNo
Comment
Source
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

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?

CodeNot applicable
Comment
Source

20. Is there a limit on the amount a candidate can contribute to their own election campaign?

CodeNo
Comment
At the 2019 Federal election Clive Palmer, a candidate for the Clive Palmer Party, donated $84.450 million via his mining company Minerology to his own campaign

Sources: Australian Electoral Commirssion, Transparency Register Poltical Party returns 2019 election https://transparency.aec.gov.au/AnnualPoliticalParty

The Conversation: How big Money influenced the 2019 federal election - and what can be done to fix it. Feb 4 2020 see https://theconversation.com/how-big-money-influenced-the-2019-federal-election-and-what-we-can-do-to-fix-the-system-131141
Source

21. Is there a limit on in-kind donations to political parties?

CodeNo
Comment
Source
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

22. Is there a limit on in-kind donations to candidates?

CodeNo
Comment
Source
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,

23. Is there a ban on political parties engaging in commercial activities?

CodeNo
Comment
Source
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

24. Is there a ban on political parties taking loans in relation to election campaigns?

CodeYes
Comment
Source
" (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).

25. Is there a ban on candidates taking loans in relation to election campaigns?

CodeNo
Comment
Source

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?

CodeNo
Comment
Source

27. Are there provisions requiring donations to go through the banking system?

CodeNo
Comment
Source
- 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

Question	Value
28. Are there provisions for direct public funding to political parties?	CodeYes, in relation to campaigns Comment Source 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).
29. What are the eligibility criteria for political parties to receive public funding?	CodeShare of votes in previous election Comment Source 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).
30. What is the allocation calculation for political parties to receive public funding?	CodeFlat rate by votes received Comment Source 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
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	CodeCampaign spending Comment Source 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)
32. Are there provisions for free or subsidized access to media for political parties?	CodeYes Comment Source 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
33. What criteria determine allocation for free or subsidized access to media for political parties?	CodeOther Comment Source "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
34. Are there provisions for free or subsidized access to media for candidates?	CodeNo Comment Source 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
35. Are there provisions for any other form of indirect public funding?	CodeYes Comment Source 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/
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	CodeNo Comment Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	CodeNo Comment Source

Question

Value

28. Are there provisions for direct public funding to political parties?

CodeYes, in relation to campaigns
Comment
Source
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).

29. What are the eligibility criteria for political parties to receive public funding?

CodeShare of votes in previous election
Comment
Source
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).

30. What is the allocation calculation for political parties to receive public funding?

CodeFlat rate by votes received
Comment
Source
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

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?

CodeCampaign spending
Comment
Source
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)

32. Are there provisions for free or subsidized access to media for political parties?

CodeYes
Comment
Source
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

33. What criteria determine allocation for free or subsidized access to media for political parties?

CodeOther
Comment
Source
"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

34. Are there provisions for free or subsidized access to media for candidates?

CodeNo
Comment
Source
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

35. Are there provisions for any other form of indirect public funding?

CodeYes
Comment
Source
- 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/

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?

CodeNo
Comment
Source

37. Are there provisions for other financial advantages to encourage gender equality in political parties?

CodeNo
Comment
Source

Question	Value
38. Is there a ban on vote buying?	CodeYes Comment Source 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)
39. Are there limits on the amount a political party can spend?	CodeNo Comment There have been many reports, including Reports of the Federal Joint Selection Committee on Election Matters, which have recommended that limits to be imposed on electoral expenditure by political parties in Australian national elections. Submissions to the current Committee inquiry "Inquiry into all aspects of the conduct of the 2019 Federal Election and matters related thereto" have again proposed that expenditure caps be imposed on political parties. The Committee has yet to table its Report and currently there are no limits on the amount a political party can spend in the Commonwealth Electoral Act 1918, however such caps have been introduced by a number of Australian States and Territories. Sources: Report of the Joint Selection Committee on Election Matters Inquiry into the funding of political parties and election campaigns, December 2011 https://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=em/political%20funding/report.htm Submission by Professor Joo-Cheong Tam to the Joint Selection Committee on Election Matters, "Inquiry into all aspects of the conduct of the 2019 Federal Election and matters related thereto" https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/2019Federalelection/Submissions Source 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
40. If there are limits on the amount a political party can spend, what is the limit?	CodeNot applicable Comment Source
41. Are there limits on the amount a candidate can spend?	CodeNo Comment Source Source: Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)
42. If there are limits on the amount a candidate can spend, what is the limit?	CodeNot applicable Comment Source
43. Are there limits on the amount that third parties can spend on election campaign activities?	CodeNo Comment Source Source: Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)
44. Are there limits on traditional media advertising spending in relation to election campaigns?	CodeNo Comment Source Source: Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)
45. Are there limits on online media advertising spending in relation to election campaigns?	CodeNo Comment Source Source: Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)
46. Do any other restrictions on online media advertisement (beyond limits) exist?	CodeNo Comment Source Source: Commonwealth Electoral Act 1918 (Compilation 68, Registered 12.3.2019)

Question

Value

38. Is there a ban on vote buying?

CodeYes
Comment
Source
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)

39. Are there limits on the amount a political party can spend?

CodeNo
Comment
There have been many reports, including Reports of the Federal Joint Selection Committee on Election Matters, which have recommended that limits to be imposed on electoral expenditure by political parties in Australian national elections. Submissions to the current Committee inquiry "Inquiry into all aspects of the conduct of the 2019 Federal Election and matters related thereto" have again proposed that expenditure caps be imposed on political parties. The Committee has yet to table its Report and currently there are no limits on the amount a political party can spend in the Commonwealth Electoral Act 1918, however such caps have been introduced by a number of Australian States and Territories.

Sources: Report of the Joint Selection Committee on Election Matters Inquiry into the funding of political parties and election campaigns, December 2011 https://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=em/political%20funding/report.htm

Submission by Professor Joo-Cheong Tam to the Joint Selection Committee on Election Matters, "Inquiry into all aspects of the conduct of the 2019 Federal Election and matters related thereto" https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/2019Federalelection/Submissions
Source
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

40. If there are limits on the amount a political party can spend, what is the limit?

CodeNot applicable
Comment
Source

41. Are there limits on the amount a candidate can spend?

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

42. If there are limits on the amount a candidate can spend, what is the limit?

CodeNot applicable
Comment
Source

43. Are there limits on the amount that third parties can spend on election campaign activities?

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

44. Are there limits on traditional media advertising spending in relation to election campaigns?

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

45. Are there limits on online media advertising spending in relation to election campaigns?

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

46. Do any other restrictions on online media advertisement (beyond limits) exist?

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

Question	Value
47. Do political parties have to report regularly on their finances?	CodeYes Comment A number of state and territory jurisdictions have their own disclosure schemes, which are separate to the Commonwealth funding and disclosure scheme administered by the Australian Electoral Commission. The Joint Standing Committee on Electoral Matters "Inquiry into the Commonwealth Amendment (Real time Disclosure of Political Donations) Bill 2019 examined the issue of real time disclosure of political party donations. The intent of the Bill was that every recipient of a donation at the federal level should be required to declare that donation in real time or at least within five days.The Committee Report tabled December 2019 recommended that the Bill not be passed. However, it noted that " Further examination of these issues is expected to occur in November 2020 when the Committee undertakes a review of the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018". Source: Advisory Report on the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations Bill 2019. https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/ElectoralAmendmentBill/Report Source 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
48. Do political parties have to report on their election campaign finances?	CodeYes Comment Political Party finances in relation to election campaigns are included in the Party annual financial reports lodged with the Australian Electoral Commission Source 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
49. Do candidates have to report on their election campaign finances?	CodeYes Comment Source 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
50. Do third parties have to report on election campaign finances?	CodeYes Comment Source 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
51. Is information in reports from political parties and/or candidates to be made public?	CodeYes Comment The Australian Electoral Commission Transparency Register contains information about political parties, associated entities, political campaigners, third parties, donors, candidates and Senate groups registered with or recognised by the Australian Electoral Commission. The Transparency Register includes annual returns, election returns and election funding claims. Source: The Transparency Register https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/ Source 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
52. Must reports from political parties and/or candidates reveal the identity of donors?	CodeSometimes Comment Donors can give multiple donations below the threshold so that disclosure is not required, either by the political party or the donor. This lack of transparency has contributed to the low score of 12 given to Australia by Money Politics and Transparency for the contributions and expenditure restrictions category. The issue has also been the subject of discussion by academics, think tanks and the media. Sources: Democracy before Dollars: The problems with money in Australian Politics and how to fix them Prof Joo-Cheong Tham. Australian Quarterly April - June 2019. How Big Money influenced the 2019 federal election - and what we can do to fix the system, Grattan Institute,The Conversation 4.2.2020 Source 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
53. Must reports from political parties and/or candidates include information on itemized income?	CodeYes Comment Donors can make multiple donations below the threshold as a means of avoiding public discloure of their donations by political parties. This lack of transparency has been recognised in the low rating of 12 given to Australia by Money, Politics and Transparency for the category of Contributions and Expenditure Restrictions. Sources: 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 Money, Politics and Transparency Autralian scorcard, https://data.moneypoliticstransparency.org/countries/AU/ Source 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
54. Must reports from political parties and/or candidates include information on itemized spending?	CodeYes Comment Source 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
55. Which institution(s) receives financial reports from political parties and/or candidates?	CodeEMB Comment Source 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
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	CodeEMB Comment Source 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
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?	CodeRefer for investigation \| Carry out investigation Comment Source 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/
58. What sanctions are provided for political finance infractions?	CodeFines \| Prison Comment Source 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.

Question

Value

47. Do political parties have to report regularly on their finances?

CodeYes
Comment

A number of state and territory jurisdictions have their own disclosure schemes, which are separate to the Commonwealth funding and disclosure scheme administered by the Australian Electoral Commission.

The Joint Standing Committee on Electoral Matters "Inquiry into the Commonwealth Amendment (Real time Disclosure of Political Donations) Bill 2019 examined the issue of real time disclosure of political party donations. The intent of the Bill was that every recipient of a donation at the federal level should be required to declare that donation in real time or at least within five days.The Committee Report tabled December 2019 recommended that the Bill not be passed. However, it noted that " Further examination of these issues is expected to occur in November 2020 when the Committee undertakes a review of the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018".

Source: Advisory Report on the Commonwealth Electoral Amendment (Real Time Disclosure of Political Donations Bill 2019. https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/ElectoralAmendmentBill/Report
Source
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

48. Do political parties have to report on their election campaign finances?

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

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

49. Do candidates have to report on their election campaign finances?

CodeYes
Comment
Source
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

50. Do third parties have to report on election campaign finances?

CodeYes
Comment
Source
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

51. Is information in reports from political parties and/or candidates to be made public?

CodeYes
Comment
The Australian Electoral Commission Transparency Register contains information about political parties, associated entities, political campaigners, third parties, donors, candidates and Senate groups registered with or recognised by the Australian Electoral Commission. The Transparency Register includes annual returns, election returns and election funding claims.

Source: The Transparency Register https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/
Source
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

52. Must reports from political parties and/or candidates reveal the identity of donors?

CodeSometimes
Comment
Donors can give multiple donations below the threshold so that disclosure is not required, either by the political party or the donor. This lack of transparency has contributed to the low score of 12 given to Australia by Money Politics and Transparency for the contributions and expenditure restrictions category. The issue has also been the subject of discussion by academics, think tanks and the media.

Sources: Democracy before Dollars: The problems with money in Australian Politics and how to fix them Prof Joo-Cheong Tham. Australian Quarterly April - June 2019.

How Big Money influenced the 2019 federal election - and what we can do to fix the system, Grattan Institute,The Conversation 4.2.2020
Source
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

53. Must reports from political parties and/or candidates include information on itemized income?

CodeYes
Comment
Donors can make multiple donations below the threshold as a means of avoiding public discloure of their donations by political parties. This lack of transparency has been recognised in the low rating of 12 given to Australia by Money, Politics and Transparency for the category of Contributions and Expenditure Restrictions.

Sources: 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

Money, Politics and Transparency Autralian scorcard, https://data.moneypoliticstransparency.org/countries/AU/
Source
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

54. Must reports from political parties and/or candidates include information on itemized spending?

CodeYes
Comment
Source
- 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

55. Which institution(s) receives financial reports from political parties and/or candidates?

CodeEMB
Comment
Source
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

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?

CodeEMB
Comment
Source
- 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

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?

CodeRefer for investigation | Carry out investigation
Comment
Source
- 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/

58. What sanctions are provided for political finance infractions?

CodeFines | Prison
Comment
Source
- 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.

Australia

Change country

Keep in Touch

Our Work

Data & Tools

Publications

News & Media

About Us