Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Government & democracy

What does this bill do?

Political parties and politicians would have to disclose much smaller donations, because the reporting threshold would drop from $16,300 to $1,000.

Why was it introduced?

Australia’s donation disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. had risen to $16,300 through indexationThe automatic rise in the threshold over time so it keeps pace with inflation, which this bill would stop., leaving many smaller political donations and some non-cash campaign support outside reporting rules. This bill lowers the threshold to $1,000, keeps it fixed, and expands what must be disclosed so more donations and related support are reported to the AECThe federal body that receives and publishes political donation disclosures under the rules discussed on this page..

Broader context

Australia already required disclosure of political donations, but indexationThe automatic rise in the threshold over time so it keeps pace with inflation, which this bill would stop. had lifted the federal threshold to $16,300 and left many smaller donations, fundraiserA fundraiser, dinner, event or similar political activity where entry payments can count as gifts if they are large enough. payments and in-kind campaign support outside public reporting, a weakness noted for years and sharpened by data showing large amounts of unexplained party income and huge 2022 election donations. The bill responded by proposing a fixed $1,000 threshold and broader disclosure rules, but although it was introduced in September 2023, it later fell off the Notice PaperThe parliamentary list of business to be considered; if a bill falls off it, the bill has effectively stalled. while wider negotiations over donation law reform continued in 2024.

Key criticism

The main criticism recorded was that much tighter donation disclosure settings around the $1,000 level could add compliance red tape and make it harder for independents and smaller political players to compete. That concern appeared mainly in wider electoral funding reform debate, especially from teal independents and commentary about effects on challengers, rather than as broad direct opposition to this bill itself.

Who supported it?

Rebekha Sharkie MPAn elected federal MP who can receive gifts or support that this bill would treat as disclosable in some cases. introduced this bill. Speeches supporting it came from some crossbench members.

Introduced in House 04 Sept 2023
Failed in House 26 Mar 2024
Did not reach Senate
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

204 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Political parties and politicians would have to disclose much smaller donations, because the reporting threshold would drop from $16,300 to $1,000.

  2. The $1,000 disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. would stay fixed instead of rising over time with indexationThe automatic rise in the threshold over time so it keeps pace with inflation, which this bill would stop..

  3. Donation rules would cover more than cash by treating campaign spending for a party or MPAn elected federal MP who can receive gifts or support that this bill would treat as disclosable in some cases., gifts-in-kindA non-cash benefit, such as goods, services or campaign support, that counts like a donation if it is worth enough., and fundraiserA fundraiser, dinner, event or similar political activity where entry payments can count as gifts if they are large enough. or functionA fundraiser, dinner, event or similar political activity where entry payments can count as gifts if they are large enough. payments of $1,000 or more as disclosable donations.

  4. Multiple smaller donations would have to be reported once their combined value reaches the disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record..

  5. Companies that break a civil penalty rule under these donation laws could face court penalties up to five times higher than an individual penalty.

Show source excerpts
  1. The Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2023 amends the Commonwealth Electoral Act 1918 (“the Act”) to lower the current political donation threshold from $16,300 per annum (2023-24) to $1,000, and to remove ongoing indexation of that threshold.
    Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) explanatory memorandum
  2. Item 5 repeals subsection 321A to remove provision for indexation of the political donation threshold so that it will remain at $1,000.
    Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) explanatory memorandum
  3. The Bill also newly provides that donations include gifts. The definition of ‘gift’ is expanded to include electoral expenditure and gifts-in-kind to a political entity, where the value of the gift is equal to or more than $1,000 and provided without consideration or with inadequate consideration. The Bill also expands the definition to include amounts paid to attend fundraisers or functions.
    Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) explanatory memorandum
  4. Item 4 repeals subsection 314AC(2) to provide that aggregated donations, once they reach or exceed the donation threshold, must be provided as a return to the AEC.
    Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) explanatory memorandum
  5. Item 6 provides for a corporate multiplier so that a penalty of not more than five times the pecuniary penalty specified for the civil penalty provision may be imposed upon a body corporate that has contravened that provision.
    Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) explanatory memorandum

Broader context for this bill

Australia already required disclosure of political donations, but indexationThe automatic rise in the threshold over time so it keeps pace with inflation, which this bill would stop. had lifted the federal threshold to $16,300 and left many smaller donations, fundraiserA fundraiser, dinner, event or similar political activity where entry payments can count as gifts if they are large enough. payments and in-kind campaign support outside public reporting, a weakness noted for years and sharpened by data showing large amounts of unexplained party income and huge 2022 election donations. The bill responded by proposing a fixed $1,000 threshold and broader disclosure rules, but although it was introduced in September 2023, it later fell off the Notice PaperThe parliamentary list of business to be considered; if a bill falls off it, the bill has effectively stalled. while wider negotiations over donation law reform continued in 2024.

  1. 20 Apr 2001

    AFR investigation highlights hidden political donations

    An Australian Financial Review investigation reported that major companies were giving money to political parties in ways that did not have to be disclosed to the AECThe federal body that receives and publishes political donation disclosures under the rules discussed on this page..

    Australian Financial Review ↗
  2. 2019

    Democracy 2025 report warns of collapsing trust in politics

    The Museum of Australian Democracy's Democracy 2025 report was later cited by the bill's sponsor as an early prompt for pushing stronger donation transparency rules.

    Second reading speech ↗
  3. 2020/21

    High disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. leaves large amounts of party income unexplained

    The second reading speech said 38.6 per cent of parties' income in 2020/21, worth $68,265,479, was of unexplained origin because the threshold created a transparency void.

    Second reading speech ↗
  4. 2022

    2022 election donations sharpen calls for tighter disclosure

    The bill's second reading speech pointed to the 2022 federal election, including a reported $117 million donation from Clive Palmer's mining companyA company or incorporated organisation, which this bill says could face a larger penalty multiplier than a person. to the United Australia Party, as proof that big money could dominate the system.

    Second reading speech ↗
  5. 04 Sept 2023

    Bill introduced to cut the disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. to $1,000

    The bill was introduced with a plan to lower the threshold from the indexed $16,300 to $1,000, end indexationThe automatic rise in the threshold over time so it keeps pace with inflation, which this bill would stop., and capture gifts-in-kindA non-cash benefit, such as goods, services or campaign support, that counts like a donation if it is worth enough., electoral spending and fundraiserA fundraiser, dinner, event or similar political activity where entry payments can count as gifts if they are large enough. payments.

    Parliamentary timeline ↗
  6. 26 Mar 2024

    Bill is removed from the Notice PaperThe parliamentary list of business to be considered; if a bill falls off it, the bill has effectively stalled.

    The bill was removed from the Notice PaperThe parliamentary list of business to be considered; if a bill falls off it, the bill has effectively stalled. under standing order 42A parliamentary rule used here to remove the bill from the Notice Paper., leaving its proposed lower threshold and expanded disclosure rules unpassed.

    Parliamentary timeline ↗
  7. 11 July 2024

    Broader negotiations over donation reform continue

    AFR reported that Labor was still pursuing a deal for a $1,000 disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. and faster reporting, showing the issue remained live after this bill stalled.

    Australian Financial Review ↗

How did it move through Parliament?

House Senate
Introduced 04 Sept 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 04 Sept 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Removed from the Notice PaperThe parliamentary list of business to be considered; if a bill falls off it, the bill has effectively stalled. in accordance with (SO 42) 26 Mar 2024

The bill reached this recorded parliamentary step.

The main case against this bill

The main criticism recorded was that much tighter donation disclosure settings around the $1,000 level could add compliance red tape and make it harder for independents and smaller political players to compete. That concern appeared mainly in wider electoral funding reform debate, especially from teal independents and commentary about effects on challengers, rather than as broad direct opposition to this bill itself.

Criticism appears limited and mostly tied to broader reform-package effects, not outright opposition to more transparency.

Could burden independents and smaller entrants

A much lower disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. was criticised as part of a broader concern that tighter funding rules can impose more reporting and compliance burdens on independents, smaller campaigns and new challengers, potentially helping entrenched major parties.

Raised by Teal independents and Australian Financial Review reporting on broader electoral reform debates Source ↗

More electoral red tape for third parties and campaigners

Related debate around stronger donation disclosure rules raised the risk that charities, single-issue groups and other campaign organisations would face more electoral red tape once lower thresholds and wider disclosure obligations apply.

Raised by Australian Financial Review Reporting On Earlier Federal Donation Disclosure Changes Source ↗

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Unclear

Rebekha Sharkie

Centre Alliance • MP 04 Sept 2023

Rebekha Sharkie speaks to the bill, focusing on this bill, the Commonwealth Electoral Amendment (Lowering the Donation Disclosure ThresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record.) Bill 2023, goes hand in hand with the Commonwealth Electoral Amendment (Real Time DisclosureA separate bill mentioned in debate that would require donation reporting much sooner after the money is received. of Political Donations) Bill 2023, which I just introduced.

Read in Hansard ↗
Lead non-major voice Supports

Dai Le

Independent • MP 04 Sept 2023

Dai Le supports the bill and says it would improve trust, integrity and transparency by lowering the donation disclosure thresholdThe dollar amount that triggers a duty to report a donation or other political support to the public record. and strengthening reporting of political gifts and donations.

Read in Hansard ↗

All speeches by bloc

Minor parties and independents

2 speakers · 1 support · 1 unclear

Full record

Full chat