ECIElection Campaign-Finance Index

This section is a simplified outline that acknowledges the existence of loan limitations but does not codify the limits themselves—it refers to limitations without specifying what they are, their amounts, or their statutory location. The section provides no enumeration of contribution limits, no threshold amounts, and no direct statutory grounding of the limits in this provision. The actual limits must be found elsewhere in the Act, making this outline insufficient for CONT.1 compliance on its own.

“There are limitations on loans made to political parties, State branches, significant third parties, candidates or groups that are more than the disclosure threshold.”

The section codifies a spending threshold ($1,000) for foreign campaigners' independent expenditure, establishing a clear statutory rule. However, § 314AH is only a simplified outline; the criterion requires full codification of independent-expenditure rules (definition of 'foreign campaigner,' authorization procedures, disclosure, enforcement mechanisms, and audit trails). This provision addresses the expenditure cap but omits the operational and procedural detail necessary for complete statutory grounding of the rules.

“Electoral expenditure incurred by or with the authority of a foreign campaigner must not total $1,000 or more in a financial year. Amounts fundraised for that purpose must not total $1,000 or more in a financial year.”

No matching sections in corpus.

The section repeatedly references 'the disclosure threshold' as a defined trigger for reporting obligations (triggering the requirement to file returns and specify gift amounts), establishing that a threshold exists in statute. However, the section does NOT state what the threshold amount IS—it merely cross-references the concept without defining the dollar figure. The threshold is defined elsewhere in the Act (likely s. 314AE or related provisions not provided here). A credible scholar on either side of the political spectrum would agree that procedural clarity requires the actual threshold amount to be either stated in this section or unambiguously incorporated by reference; the current language satisfies the principle that thresholds must be statutory (not regulatory), but does not fully satisfy the principle that thresholds must be enumerated in the relevant operative section.

“either: (i) the amount of at least one such gift was more than the disclosure threshold; or (ii) the total amount of all gifts received by the person from at least one single person during the financial year was more than the disclosure threshold”

The statute explicitly and specifically enumerates the filing deadline as 16 weeks after the end of the financial year for annual returns. This is a clear, statutorily-grounded temporal requirement. The section also specifies a 30-day deadline for certain newly-registered significant third parties (subsection 3A). Both procedural elements are defined directly in statute with concrete timeframes.

“provide the Electoral Commission a return within 16 weeks after the end of a financial year”

Section 306 requires disclosure of contributor name and address for gifts above the threshold, satisfying the name-and-address component. However, the statute does not require disclosure of the contributor's occupation or employer, which are necessary for 'full identity' under the criterion. The procedure is statutorily grounded and enumerated but incomplete relative to the criterion's requirements.

“the name and address of the person or entity who made the gift”

Section 320(1) establishes a mandatory statutory requirement for the Electoral Commissioner to publish campaign-finance filings (election-funding determinations, refusal notices, and return information) on a public Transparency Register within defined time windows (ranging from "as soon as reasonably practicable" to 24 weeks post-election). This satisfies the criterion by codifying both the publication obligation and time limits in statute, ensuring public online accessibility of campaign-finance disclosures. The provision explicitly prevents pre-publication inspection access, confirming the public-access regime.

“The Electoral Commissioner must publish the following on the Transparency Register in accordance with the following table. Requirement to publish determinations, notices and return information Item The Electoral Commissioner must publish … at this time … 1 each determination made under section 298C or subsection 301(1) (determination and variation of determination of claims for election funding) as soon as reasonably practicable after making the determination. 2 each notice of a refusal of a final claim given under section 298F as soon as reasonably practicable after giving the notice. 3 each notice given under section 298H reconsidering the refusal of a final claim as soon as reasonably practicable after giving the notice. 4 return information (other than an address) provided under Division 4 or 5 before the end of 24 weeks after the polling day in the election to which the return relates. 5 return information (other than an address) provided under Division 5A before the end of the first business day in February in the calendar year after the return is provided.”

Section 302E(3)-(4) codifies both criminal and civil penalties in statute with specified amounts. The criminal offence carries 50 penalty units; the civil penalty is 100 penalty units or 3 times the gift value (whichever is higher). Both are enumerated in the statutory text with clear numerical thresholds, satisfying the full score for a dual-penalty schedule.

“Offence (3) A person or entity commits an offence if the person or entity contravenes subsection (1). Penalty: 50 penalty units. Civil penalty (4) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1). Civil penalty: The higher of the following amounts: (a) 100 penalty units; (b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.”

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Section 314AM addresses only the appointment of authorized officers to exercise investigative powers under the Subdivision; it does not establish the appointment process, multi-branch involvement, or political insulation of the Electoral Commission itself. The section merely grants the Commission discretion to authorize subordinate officers, without any mechanism ensuring the Commission's independence from in-cycle political control.

Section 383 provides a limited private right of action: candidates in an election may apply for injunctions against conduct that contravenes the Act or Commonwealth electoral law (subsections 1-2). However, this mechanism is narrowly confined to injunctive relief rather than broader enforcement (damages, penalties, or administrative complaints), and applies only to candidates, not general citizens. The Electoral Commission retains the broader enforcement role. The statute does codify candidate standing, satisfying part of the criterion, but the scope is restricted and does not establish a comprehensive private enforcement framework for campaign-finance violations generally.

“in a case where the conduct relates to an election—a candidate in the election; or (b) in any case—the Electoral Commission; grant an injunction restraining the first ‑ mentioned person from engaging in the conduct”

Section 302D(1) explicitly prohibits gifts (donations) from foreign donors to members of Parliament, political entities, and their agents when the amount equals or exceeds $1,000. The prohibition is statutorily grounded and includes a defined penalty (200 penalty units for criminal offence, or civil penalty up to 3 times the gift value). The section also specifies exceptions requiring verification and affirmation, and defines the operative term 'foreign donor' through cross-reference to other CEA provisions.

“A person contravenes this subsection if: (a) the person is: (ia) a member of the House of Representatives (the gift recipient ) or a Senator (the gift recipient ); or (i) an agent of a political entity (the gift recipient ); or (ii) a financial controller of a significant third party or an associated entity (the gift recipient ); and (b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and (c) the gift is made by, or on behalf of, a person (the donor ); and (d) the donor is a foreign donor; and (e) at the time the gift is made, the amount or value of the gift is at least $1,000”

Section 302H addresses one indirect foreign-source channel (formation or participation in Australian body corporates) and fragmentation via multiple below-threshold gifts, providing statutory codification of pass-through avoidance mechanisms. However, the provision does not comprehensively address corporate-ownership tracing, foreign control of domestic entities, or other common indirect channels. The anti-avoidance mechanism is reactive (notice-based after scheme identification) rather than establishing prospective corporate-ownership verification or beneficial-ownership declaration requirements.

“(c) as a result of the scheme or part of the scheme: (i) the foreign donor engages in a course of conduct of giving the gift, and one or more other gifts, to or for the benefit of the member of the House of Representatives, Senator, political entity, significant third party, associated entity or third party in those circumstances, where the amount or value of each of those gifts is below the amount specified in the provision but the total amount or value of the gifts is more than that amount; or (ii) the foreign donor forms, or participates in the formation of, a body corporate in Australia”

Section 302P(1) statutorily mandates that persons and entities seeking to establish a donor is not foreign must obtain specified documentary evidence—not mere self-attestation. The statute exhaustively enumerates verification documents for individuals (citizenship/residency documentation), incorporated entities (incorporation certificates/ASIC records), and unincorporated entities (board minutes, activity documentation, or trust deeds evidencing Australian control/operations). This represents explicit statutory verification requirements with defined documentary standards, satisfying FOR.3's requirement for verification procedures beyond self-certification.

“A person or entity (the first person ) obtains appropriate donor information in relation to a person or entity (the donor ) making a gift, or on whose behalf a gift is made, establishing that the donor is not a foreign donor if the first person obtains information or a document specified in column 2 of the applicable item in the following table”

Section 317(1) imposes a statutory obligation on persons subject to civil penalty provisions to retain records including donation records and documentation supporting returns and claims. Subsection (2) provides explicit, enumerated retention periods (5 years from end of financial year, gift date, polling day, or relevant event), creating a clear statutory framework for record retention.

“A person who is subject to a civil penalty provision in this Part must keep the following records in accordance with subsections (2) and (3): (a) records allowing the person to provide an accurate return or claim under this Part; (b) records required for the purposes of complying with Division 3A (requirements relating to donations); (c) any other records required for the purposes of allowing the Electoral Commissioner to determine whether the person is complying, or has complied, with this Part”

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Section 60 addresses the composition and appointment of Redistribution Committees tasked with electoral boundary redistricting. It contains no reference to campaign-committee records, audit procedures, campaign finance, or mandatory post-election audits. This section governs internal administrative structure for redistribution, not campaign finance oversight or audit access requirements.