Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:5_310e
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 5 cl 310E
Character Range: 245715–248258

310E  Nominated entity returns
 (1) The financial controller of an entity that is a nominated entity at any time during a calendar year must provide the Electoral Commission a return for a calendar year in accordance with this section.
Civil penalty:
The higher of the following:
 (a) 120 penalty units;
 (b) if an amount is not disclosed in accordance with subsection (1) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.

Timing of return etc.
 (2) The return must:
 (a) be provided to the Electoral Commission within 8 weeks of the end of the calendar year; and
 (b) be in the approved form.

Content of return
 (3) The return must set out the following information:
 (a) the total amount received by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310J;
 (b) the total amount of gifts made for a federal purpose that were received by the entity during the calendar year, together with the details required by section 310K;
 (c) the total amount paid by or on behalf of the entity during the calendar year, together with the details (if any) required by section 310L;
 (d) the total electoral expenditure incurred by the entity during the calendar year, together with the details required by section 310M;
 (e) the total outstanding amount, as at the end of the calendar year, of all debts incurred by or on behalf of the entity, together with the details (if any) required by section 310N;
 (f) details of any discretionary benefits received by or on behalf of the entity from the Commonwealth during the calendar year.
Note 1: For the meaning of federal purpose, see subsection 287(1).
Note 2: See Division 4 (disclosure of donations) for additional disclosure obligations in relation to certain gifts.

Details of federal administrative accounts
 (3A) The return must set out details of any federal administrative accounts kept in relation to the entity at any time in the calendar year.

Financial controller of deregistered nominated entity
 (4) If the registration of the entity as a nominated entity is cancelled before the end of the period for providing the return as mentioned in paragraph (2)(a), subsection (1) applies to the person who was the financial controller of the entity immediately before that cancellation.

No continuing contraventions
 (5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.