Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:5_310b:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 5 cl 310B (pt 1/2)
Character Range: 233715–236455

310B  Members of the House of Representatives and Senator returns
 (1) A person who is a member of the House of Representatives or a Senator for any period of time during a calendar year must provide the Electoral Commission a return for that period in accordance with this section if, during that period, the member or Senator:
 (a) received a gift made for a federal purpose; or
 (b) incurred electoral expenditure; or
 (c) was paid administrative assistance funding.
Note: If the person is also a candidate for any period of time during the calendar year, a return may also be required under section 310A.
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 of gifts made for a federal purpose that were received by the member or Senator, together with the details required by section 310K;
 (b) the total electoral expenditure incurred by the member or Senator during the calendar year, together with the details required by section 310M;
 (c) if the member or Senator is paid administrative assistance funding under Division 3AA during the calendar year—the details required by section 310P.
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 member or Senator at any time in the calendar year.

Audit of administrative assistance funding and expenditure
 (4) If the member or Senator is paid administrative assistance funding under Division 3AA during the calendar year, the return must include a certificate that meets the requirements in section 311.
 (5) A return is taken not to have been provided to the Electoral Commission unless the return includes such a certificate (subject to section 318).

Exception—information provided in another return
 (6) If the agent of a registered political party, of which the member or Senator was a member at any time during the calendar year, provides a return under section 310 that sets out information required by subsection (3) of this section in relation to the member or Senator:
 (a) that information is not required