The Electoral Disclosure and Funding Act 2023 requires certain electoral participants to make a declaration that accompanies the disclosure of reportable political donations made or received during a relevant disclosure period. The electoral participants who may be required to make a donation declaration and disclosure are:
Note: an electoral participant may qualify as more than one of an associated entity, third-party campaigner, or significant political donor.
A reportable political donation is a political donation worth $1,000 or more (either as a single or an aggregate amount within a year) to an electoral participant. This may include donations of money, the use of facilities, provision of services, or the payment of electoral expenditure on an electoral participant’s behalf.
A relevant disclosure period refers to either the election campaign period of an election, or the remainder of the year outside of the election campaign period. If you would like more information about election campaign periods for either House of Assembly or Legislative Council elections and by-elections, please refer to the Tasmanian Electoral Commission’s Financial disclosures policy.
Please click on the applicable section below to see the required timeframes for making a reportable political donation disclosure.
During an election campaign period
If a reportable political donation is made or received during an election campaign period, it must be disclosed within 7 days of the donation being made or received.
Use the guide below to see which electoral participants must make a declaration and disclosure within 7 days of making or receiving a reportable political donation during an election campaign period.
|
Electoral participant |
Required to disclose if a reportable political donation is made |
Required to disclose if a reportable political donation is received |
|---|---|---|
|
Registered party (in relation to a House of Assembly election) |
✓ |
✓ |
|
Endorsed House of Assembly member or candidate (in relation to a House of Assembly election) |
✓ |
✓ |
|
Independent House of Assembly member or candidate (in relation to a House of Assembly election) |
✓ |
✓ |
|
Legislative Council member or candidate (in relation to a Legislative Council election in which they are a member or candidate of the division being elected) |
✓ |
✓ |
|
Associated entity (in relation to a House of Assembly election) |
✓ |
✓ |
|
Third-party campaigner (in relation to a House of Assembly election) |
|
✓ |
|
Significant political donor |
✓ |
* |
* Significant political donors are required to disclose a reportable political donation they receive if the donation is received in an election campaign period where the significant political donor also makes one or more reportable political donations.
Outside of an election campaign period
If a reportable political donation is made or received outside of an election campaign period, it must be disclosed within the next one-month period after the end of the one-month period in which the donation was made or received.
A one-month period refers to each calendar month – for example, a reportable political donation received on 20 September must be disclosed by the end of the next calendar month on 31 October.
Use the guide below to see which electoral participants must make a declaration and disclosure within the next one-month period after making or receiving a reportable political donation outside an election campaign period:
|
Electoral participant |
Required to disclose if a reportable political donation is made |
Required to disclose if a reportable political donation is received |
|---|---|---|
|
Registered party |
✓ |
✓ |
|
Endorsed House of Assembly member or candidate |
✓ |
✓ |
|
Independent House of Assembly member or candidate |
✓ |
✓ |
|
Legislative Council member or candidate |
✓ |
✓ |
|
Associated entity |
✓ |
✓ |
|
Third-party campaigner |
No donation disclosure obligations outside of an election campaign period |
|
|
Significant political donor (if the donation is for a member, candidate, registered party or associated entity) |
✓ |
* |
* Significant political donors are required to disclose a reportable political donation they receive if the donation is received within a one-month period where the significant political donor also makes one or more reportable political donations.
No reportable political donations
If no reportable political donations are made or received during a relevant disclosure period, an electoral participant is not required to make a donation declaration as they have no donations to disclose.
The Electoral Disclosure and Funding Act 2023 requires the disclosure of reportable political donations to be accompanied by the Reportable political donation declaration form. The Tasmanian Electoral Commission also provides a reportable donations template to help agents making a disclosure and as a guide to what information must be included.
An electoral participant’s party agent or official agent is responsible for the reportable political donation disclosure obligations of their electoral participant.
The following information must be disclosed for each reportable political donation, and included alongside the declaration when it is submitted to the Tasmanian Electoral Commission:
If a reportable political donation relates to any reportable loan that is made or received during a relevant disclosure period, its disclosure must include:
Electoral participants who are ready to submit their reportable political donation disclosure to the Tasmanian Electoral Commission must ensure that they lodge a valid disclosure.
A valid disclosure lodgement includes three components:
The Commission checks all disclosures lodged to ensure they are valid. A valid disclosure lodgement is published to the Commission’s website as soon as practicable after it is determined to be valid, or within 7 days of a valid lodgement.
The Commission recommends disclosing early and often during election campaign periods, where significant political donations must be disclosed within 7 days of the donation being made or received. This allows agents to rectify any invalid lodgement and ensure that a valid lodgement is made within the required 7 days.
If a House of Assembly or Legislative Council member is a registered candidate for a future election, their party agent or official agent is only required to make one declaration and disclosure for any reportable political donations received by the member/candidate.
If an electoral participant qualifies as more than one of an associated entity, third-party campaigner or significant political donor, their official agent may lodge one declaration and disclosure in relation to all reportable political donations made or received by that participant.
If a party agent is required to make declarations and disclosures for both a registered party and any endorsed members or candidates during the same relevant disclosure period, their party agent may lodge one declaration and disclosure as long as they separately identify the disclosures for each electoral participant.
The Electoral Disclosure and Funding Act 2023 allows for a party agent or official agent to amend a donation declaration and disclosure, in case a disclosure error needs to be corrected. To alter, omit, add or substitute any information declared in a disclosure, lodge a Reportable political donation amendment form with the Tasmanian Electoral Commission as soon as possible after an error has been identified.
The Electoral Disclosure and Funding Act 2023 also allows the Tasmanian Electoral Commission to consider and grant an extension of the due date for a donation declaration and disclosure for reportable political donations made or received outside the election campaign period. If an extension is required, a party agent or official agent should contact the Commission as soon as possible before the due date to discuss their circumstances.
Extensions are not available for reportable political donations received during an election campaign period.
All reportable political donation disclosures are published to the Tasmanian Electoral Commission’s website.
Learn more about disclosing reportable political donations by watching this pre-recorded webinar.