Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:5_310a:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 5 cl 310A (pt 1/2)
Character Range: 230681–233374

310A  Candidate returns
 (1) The agent of a person who is a candidate for any period of time during a calendar year must provide the Electoral Commission a return for the period in accordance with this section.
Note 1: For when a person starts to be a candidate, see subsection 287(9).
Note 2: If the person is also a member of the House of Representatives or a Senator for any period of time during the calendar year, a return may also be required under section 310B.
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) if the election in which the person is a candidate is held in the calendar year—the name of the candidate as it appeared on the ballot paper;
 (b) the total amount of gifts made for a federal purpose that were received by the candidate, together with the details required by section 310K;
 (c) the total electoral expenditure incurred by the candidate, together with the details required by section 310M;
 (d) details of any discretionary benefits received by or on behalf of the candidate 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 candidate at any time in the calendar year.

Exception—information provided in another return
 (4) This section does not apply if:
 (a) the candidate is endorsed by a registered political party; and
 (b) the agent of the registered political party provides a return under section 310 that sets out the information required by subsection (3) of this section.

Exception—no gifts, electoral expenditure or discretionary benefits
 (5) This section does not apply if:
 (a) a gift made for a federal purpose was not received by the candidate during the calendar year; and
 (b) the candidate did not incur electoral expenditure during the calendar year; and
 (c) discretionary benefits were not received by, or on behalf of, the candidate from the Commonwealth during the calendar year.

Agent of person who ceased to be a candidate
 (6)