Electoral Disclosure and Funding (Donation Disclosure) Amendment Act 2025
An Act to amend the Electoral Disclosure and Funding Act 2023
[Royal Assent 16 April 2025]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Electoral Disclosure and Funding (Donation Disclosure) Amendment Act 2025 .
This Act commences on the day on which this Act receives the Royal Assent, or 1 July 2025, whichever is the later.
In this Act, the Electoral Disclosure and Funding Act 2023 is referred to as the Principal Act.
4. Section 5 amended (Interpretation)
Section 5(1) of the Principal Act is amended as follows:(a) by inserting the following definition after the definition of minor payment :monthly period means the period beginning on the first day of a calendar month and ending on the last day of that calendar month;(b) by omitting the definition of party subscription and substituting the following definition:party subscription means –(a) an annual subscription of less than $1 000, or other subscription of less than $1 000 in total during a financial year, that is paid to a registered party for membership, or continuing membership, of the registered party; or(b) an annual subscription of less than $1 000, or other subscription of less than $1 000 in total during a financial year, that is paid to a registered party by a person (including an industrial organisation) for affiliation with the party;(c) by omitting paragraph (b) from the definition of relevant disclosure period and substituting the following paragraph:(b) a monthly period;(d) by omitting the definition of six-month period .
5. Section 13 amended (Meaning of reportable political donation )
Section 13 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "$5 000" and substituting "$1 000";(b) by omitting from subsection (2)(a) "$5 000" and substituting "$1 000";(c) by omitting from subsection (2)(b) "$5 000" and substituting "$1 000";(d) by omitting from subsection (2)(c) "$5 000" and substituting "$1 000";(e) by omitting from subsection (2) "$5 000" fourth occurring and substituting "$1 000";(f) by omitting from subsection (3)(a) "$5 000" and substituting "$1 000";(g) by omitting from subsection (3)(b) "$5 000" and substituting "$1 000";(h) by omitting from subsection (3)(c) "$5 000" and substituting "$1 000";(i) by omitting from subsection (3) "$5 000" fourth occurring and substituting "$1 000";(j) by omitting from subsection (4)(a) "$5 000" and substituting "$1 000";(k) by omitting from subsection (4)(b) "$5 000" and substituting "$1 000";(l) by omitting from subsection (4)(c) "$5 000" and substituting "$1 000";(m) by omitting from subsection (4) "$5 000" fourth occurring and substituting "$1 000";(n) by omitting from subsection (5)(a) "$5 000" and substituting "$1 000";(o) by omitting from subsection (5)(b) "$5 000" and substituting "$1 000";(p) by omitting from subsection (5)(c) "$5 000" and substituting "$1 000";(q) by omitting from subsection (5) "$5 000" fourth occurring and substituting "$1 000";(r) by omitting from subsection (6)(a) "$5 000" and substituting "$1 000";(s) by omitting from subsection (6)(c) "$5 000" and substituting "$1 000";(t) by omitting from subsection (6)(d) "$5 000" and substituting "$1 000";(u) by omitting from subsection (6)(e) "$5 000" and substituting "$1 000";(v) by omitting from subsection (7)(a) "$5 000" and substituting "$1 000";(w) by omitting from subsection (7)(c) "$5 000" and substituting "$1 000";(x) by omitting from subsection (7)(d) "$5 000" and substituting "$1 000";(y) by omitting from subsection (7)(e) "$5 000" and substituting "$1 000".
6. Section 40 amended (Registered parties and their Members and candidates)
Section 40 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:(2) If a reportable political donation –the party agent in relation to the registered party is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.(a) is, within a monthly period, received, or made, by or on behalf of –(i) a registered party; or(ii) an Assembly Member who is, at the time at which the donation is received or made, endorsed by a registered party; or(iii) an Assembly candidate who is, at the time at which the donation is received or made, endorsed by a registered party; and(b) is not received, or made, within an election campaign period, in relation to an election, all or part of which is within that monthly period –
7. Section 41 amended (Independent Assembly Members, Council Members, independent candidates and Council candidates)
Section 41 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:(2) If a reportable political donation –the official agent in relation to the Member or candidate is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.(a) is, within a monthly period, received, or made, by or on behalf of –(i) an Assembly Member who is an independent Assembly Member at the time at which the donation is received or made; or(ii) an Assembly candidate who is an independent Assembly candidate at the time at which the donation is received or made; or(iii) a Council Member; or(iv) a Council candidate; and(b) is not received, or made, within an election campaign period –(i) in relation to an election in respect of the division in relation to which the Member or candidate is a Member or candidate; and(ii) all or part of which is within that monthly period –
8. Section 42 amended (Associated entities)
Section 42 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:(2) If a reportable political donation –the official agent in relation to the associated entity is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.(a) is, within a monthly period, received, or made, by or on behalf of an associated entity; and(b) is not received, or made, within an election campaign period, in relation to an election, all or part of which is within that monthly period –
9. Section 44 amended (Significant political donors)
Section 44 of the Principal Act is amended as follows:(a) by omitting subsection (3) and substituting the following subsection:(3) If a reportable political donation –the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.(a) is, within a monthly period, made, by a significant political donor, to or for the benefit of a Member for a division or a candidate in relation to an election in respect of a division; and(b) is not made within an election campaign period, in relation to an election in respect of the division, all or part of which is within that monthly period –(b) by omitting subsection (5) and substituting the following subsection:(5) If a reportable political donation –the official agent in relation to the significant political donor is required to disclose the donation in a donation declaration that is lodged under section 49 within the monthly period after the monthly period in which the political donation was received or made.(a) is, within monthly period, made by or on behalf of a significant political donor to or for the benefit of –(i) a registered party; or(ii) an associated entity; and(b) is not made within an election campaign period, in relation to an election, all or part of which is within that monthly period –
10. Section 47 amended (Donation disclosure by significant political donor also to include disclosure of certain gifts received)
Section 47(1) of the Principal Act is amended by omitting "$5 000" from paragraph (a) of the definition of relevant gift and substituting "$1 000".
11. Section 50 amended (Extension of date for making disclosures)
Section 50 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(a) "six-month period" and substituting "monthly period";(b) by omitting from subsection (1)(b) "21 days after the end of that period" and substituting "the final day of the subsequent monthly period";(c) by omitting from subsection (2) "six-month period" and substituting "monthly period".
12. Section 53 amended (Publication on Commission website of disclosures)
Section 53(2) of the Principal Act is amended as follows:(a) by omitting "21 days after the end of a six-month period" and substituting "the monthly period following the monthly period";(b) by omitting from paragraph (a) "within 21" and substituting "within 7".
13. Section 71 amended (Assembly election campaign returns)
Section 71(4)(b) of the Principal Act is amended by omitting "$5 000" and substituting "$1 000".
This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.
[Second reading presentation speech made in:
House of Assembly on 27 NOVEMBER 2024
Legislative Council on 11 MARCH 2025]