Political Finance Database

P 17, 'In the absence of a specific prohibition of political donations by companies, it would appear that they are, prima facie, permitted. However, broader principles of Australian corporate law place limitations on when they can be made. Company funds, which are ultimately shareholders' funds, can only be used where a benefit to the company can be shown to eventuate. This is premised on the law governing company officers' duties. Directors and senior executives have a duty to act in good faith in the interests of the company. The authorisation of a political donation in circumstances where there is no obvious benefit for the company's shareholders would breach this duty.' (Source: Dub, Caroline (2007) Political Donations by Companies: A Corporate Law Perspective)

P 17, 'In the absence of a specific prohibition of political donations by companies, it would appear that they are, prima facie, permitted. However, broader principles of Australian corporate law place limitations on when they can be made. Company funds, which are ultimately shareholders' funds, can only be used where a benefit to the company can be shown to eventuate. This is premised on the law governing company officers' duties. Directors and senior executives have a duty to act in good faith in the interests of the company. The authorisation of a political donation in circumstances where there is no obvious benefit for the company's shareholders would breach this duty.' (Source: Dub, Caroline (2007) Political Donations by Companies: A Corporate Law Perspective)

'No corporate or union donations. Donations only by individual citizens or permanent residents, and a capped amount' [suggested reform] (Source: More than luck (2010) Strengthening Democracy. Available at http://morethanluck.cpd.org.au/more-than-luck/strengthening-democracy/, Published 15/07/2010)

'No corporate or union donations. Donations only by individual citizens or permanent residents, and a capped amount' [suggested reform] (Source: More than luck (2010) Strengthening Democracy. Available at http://morethanluck.cpd.org.au/more-than-luck/strengthening-democracy/, Published 15/07/2010)

'Disclosure of certain information (e.g. details of gifts and donations) is subject to a minimum threshold below which disclosure is not required.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.' (Source: Australian Election Commission website, 'Disclosure Threshold', available at http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm)

'In Australia, any donations to parties or candidates below the current threshold for 1 July 2017-30 June 2018 of $13,500 can remain anonymous. In addition, due to a loophole, a donor can conceivably donate separately to each State and Territory branch of a Federal party, as well as the Federal party, resulting a total of $108,000 (8 X $13,500) being able to be donated without disclosing the identity of the donor.' (Source: AEC http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm, MoneyPoliticsTransparency.org.2016. Australia). 

'Disclosure of certain information (e.g. details of gifts and donations) is subject to a minimum threshold below which disclosure is not required.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.' (Source: Australian Election Commission website, 'Disclosure Threshold', available at http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm)

'In Australia, any donations to parties or candidates below the current threshold for 1 July 2017-30 June 2018 of $13,500 can remain anonymous. In addition, due to a loophole, a donor can conceivably donate separately to each State and Territory branch of a Federal party, as well as the Federal party, resulting a total of $108,000 (8 X $13,500) being able to be donated without disclosing the identity of the donor.' (Source: AEC http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm, MoneyPoliticsTransparency.org.2016. Australia). 

P 17, 'In the absence of a specific prohibition of political donations by companies, it would appear that they are, prima facie, permitted. However, broader principles of Australian corporate law place limitations on when they can be made. Company funds, which are ultimately shareholders' funds, can only be used where a benefit to the company can be shown to eventuate. This is premised on the law governing company officers' duties. Directors and senior executives have a duty to act in good faith in the interests of the company. The authorisation of a political donation in circumstances where there is no obvious benefit for the company's shareholders would breach this duty.' (Source: Dub, Caroline (2007) Political Donations by Companies: A Corporate Law Perspective)

P 17, 'In the absence of a specific prohibition of political donations by companies, it would appear that they are, prima facie, permitted. However, broader principles of Australian corporate law place limitations on when they can be made. Company funds, which are ultimately shareholders' funds, can only be used where a benefit to the company can be shown to eventuate. This is premised on the law governing company officers' duties. Directors and senior executives have a duty to act in good faith in the interests of the company. The authorisation of a political donation in circumstances where there is no obvious benefit for the company's shareholders would breach this duty.' (Source: Dub, Caroline (2007) Political Donations by Companies: A Corporate Law Perspective)

For example see discussion on Telstra donation:

http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansardr%2F2004-03-10%2F0126;query=Id%3A%22chamber%2Fhansardr%2F2004-03-10%2F0000%22

'Disclosure of certain information (e.g. details of gifts and donations) is subject to a minimum threshold below which disclosure is not required.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.' (Source: Australian Election Commission website, 'Disclosure Threshold', available at http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm)

'In Australia, any donations to parties or candidates below the current threshold for 1 July 2017-30 June 2018 of $13,500 can remain anonymous. In addition, due to a loophole, a donor can conceivably donate separately to each State and Territory branch of a Federal party, as well as the Federal party, resulting a total of $108,000 (8 X $13,500) being able to be donated without disclosing the identity of the donor.' (Source: AEC http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm, MoneyPoliticsTransparency.org.2016. Australia). 

'Disclosure of certain information (e.g. details of gifts and donations) is subject to a minimum threshold below which disclosure is not required.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.' (Source: Australian Election Commission website, 'Disclosure Threshold', available at http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm)

'In Australia, any donations to parties or candidates below the current threshold for 1 July 2017-30 June 2018 of $13,500 can remain anonymous. In addition, due to a loophole, a donor can conceivably donate separately to each State and Territory branch of a Federal party, as well as the Federal party, resulting a total of $108,000 (8 X $13,500) being able to be donated without disclosing the identity of the donor.' (Source: AEC http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm, MoneyPoliticsTransparency.org.2016. Australia). 

'Calls to cap the amounts that political parties can spend and receive when campaigning for a federal election are a mainstay of Australian political discourse.' (Source: Jennifer Rayner, More regulated, more level? Assessing the impact of spending and donation caps on Australian State elections, 2016 http://press-files.anu.edu.au/downloads/press/n2109/html/ch06.xhtml?referer=2109&page=13)

'There is little legislative interference in the internal workings of political parties— for example, how parties select their candidates for public and party
office, how they formulate their policies, structure decision-making procedures and administer the party on a daily basis.'

'Party registration requirements in Australia are generally quite lax. Although a party must be established on the basis of a written constitution, there are few legislative directives as to what the constitution should actually contain, such as a minimum level of detail for certain intraparty procedures.'

'Although registered political parties require a formal written constitution under the provisions of the Commonwealth Electoral Act, the structure and content of the party constitution are essentially regarded as internal matters for individual political parties to determine. The Act requires only that the aims of the party (one of which must be the endorsement of candidates to contest federal elections) be enumerated, in addition to the terms and conditions of party membership (for example, the procedures for accepting or terminating membership). It is important to note that like the aims of the party, the Act requires only that the terms and conditions of party membership be formally codified in the party’s constitution and does not impose any requirements as to their actual content'.

Source: Anika Gauja, Dilemmas of party regulation: Hands-on courts versus hands-off legislators? (2016) <http://www.jstor.org/stable/j.ctt1rrd7k8.14?seq=1#page_scan_tab_contents>.

For Federal elections:

Australian Electoral Commission, 'Funding Disclosure Guide for Political Parties',  6 July 2016http://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/political-parties/important.htm

For States and Territories:

"Election funding and disclosure in Australian states and territories: a quick guide" 9 November 2017, http://parlinfo.aph.gov.au/parlInfo/download/library/prspub/5621507/upload_binary/5621507.pdf

Australian Electoral Commission, 'Obligations of Registered Political Parties'

http://www.aec.gov.au/Parties_and_Representatives/party_registration/guide/obligations.htm

'Election funding in Australian States and Territories', Dr. D. Muller, 9 November 2017

http://parlinfo.aph.gov.au/parlInfo/download/library/prspub/5621507/upload_binary/5621507.pdf

Australian Electoral Commission, Election Funding Guide

http://www.aec.gov.au/Parties_and_Representatives/public_funding/files/election-funding-guide.pdf

Australian Electoral Commission, Election Funding

http://www.aec.gov.au/Parties_and_Representatives/public_funding/index.htm

Electoral and Political Financing: the Commonwealth Regime and its reforms, 20 March 2012.

https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BN/2011-2012/ElectoralFinancing

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ALLOCATION OF FREE BROADCAST TIME TO POLITICAL PARTIES DURING ELECTION PERIODS: Statement of policy approved by the Australian Broadcasting Corporation Board

http://about.abc.net.au/wp-content/uploads/2016/12/FreeTimeElectionBroadcastsPolicySep2014POL.pdf

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Australian Tax Office, Claiming Political Contributions and Gifts

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

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Australian Electoral Commission, 'Electoral Backgrounder: Influencing Votes' 8 April, 2010

http://www.aec.gov.au/About_AEC/Publications/backgrounders/influencing-votes.htm

P 1, ' without limits on campaign spending, writes Elizabeth Sexton, Australian parties spend 'vastly more' on campaign advertising than their counterparts in comparable countries' (Source: Hourigan, Benjamin, Who Pays? Political donations and democratic accountability. Available at http://www.ipa.org.au/library/58-3-HOURIGAN.pdf)

P 193, 'At present, there is no limit on the amount that can be spent during a federal election campaign in Australia. Although candidates' electoral expenditure was capped at the time of federation in recognition of the need to contain campaign costs, this cap was abolished in 1980 on the basis that such limits imposed a constraint on candidates' campaigns and were difficult to enforce' (Source: Gray, Anthony & Jones, Nicky (2010) To Give and to Receive: The Australian Government's Proposed Electoral Finance Reform)

Australian Electoral Commission

www.aec.gov.au/Parties_and_Representatives

Sect. 304 and 309 of the Electoral Act

Australian Electoral Commission, 'Financial Disclosure Guide for Candidates and Senate Groups, 2016 Federal Election

Sections 314AEB and 314AEC  of the Electoral Act

The Commonwealth funding and disclosure scheme (the disclosure scheme) established under Part XX of the Commonwealth Electoral Act 1918 (the Act) deals with the public funding of federal election campaigns and the disclosure of detailed financial information.

The disclosure scheme requires candidates, registered political parties, their State Branches, local branches/sub-party units and their associated entities, donors and other participants in the electoral process to lodge annual or election period financial disclosure returns with the AEC (Source AEC: http://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/)

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

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 2017 to 30 June 2018 is more than $13,500. 

Source: AEC, http://www.aec.gov.au/Parties_and_Representatives/public_funding/threshold.htm

Australian Electoral Commission, 'Financial Disclosure Guide for Political Parties' http://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/political-parties/files/political-parties-2016-17.pdf

Sect. 308(1) of the Act lists categories of election expenditure; Section 309(2) requires all expenditure authorised by candidate be disclosed; Sect. 309(3) requires all expenditure authorised by Senate Group to be disclosed.

Australian Electoral Commission, 'Financial Disclosure Guide for Candidates and Senate Groups' 2016 Federal Election

http://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/candidates/files/candidates-and-senate-groups-guide-2016.pdf

The Commonwealth funding and disclosure scheme (the disclosure scheme) established under Part XX of the Commonwealth Electoral Act 1918 (the Act) deals with the public funding of federal election campaigns and the disclosure of detailed financial information.

The disclosure scheme requires candidates, registered political parties, their State Branches, local branches/sub-party units and their associated entities, donors and other participants in the electoral process to lodge annual or election period financial disclosure returns with the AEC.

Source: AEC, http://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/index.htm

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

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