Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4023 ..

the party or independent MLA shall, before 1 August next following the end of the financial year, by notice in writing given to the person who made the gifts, advise the person of the requirements of section 221A.

Penalty: 200 penalty units.

"(2) In this section -

`gifts' has the same meaning as in section 221A.".

These amendments would introduce a requirement for parties and Independent MLAs to inform their major donors of the donors' legal obligation to report to the commission. I see this as a very simple thing for parties and so forth to do. It is a simple matter of printing on receipts a message that says, "You have an obligation to report your donation to the commission". It really is as simple as that. The provision will aid the commission in obtaining all of the donor reports necessary to reconcile the annual returns given by parties, thus completing the public record. It effectively allows a sensible auditing of what goes on.

It also, of course, provides an extra incentive to parties to ensure that they submit complete returns. Although I understand that parties in this Assembly all complete their returns, when we read the report of the Electoral Commissioner that I had in front of me just a short while ago, we see that there was one party, for example, that was deregistered and had not completed their reporting requirements. It was not either of the major parties and was not a party that had anybody elected. Nevertheless, I think it is of community interest because the same party may well either be re-formed or stand at another election. I think it is of community interest. It does allow appropriate auditing and is not a particularly onerous task.

When one reads the drafting instructions I gave and then the complex amendment that came back, one is often surprised that what appears to be a very simple notion comes out so complicated. What I perceive happening, and what this does, is just requires the parties and Independents to put on their receipts, "You have an obligation to report your donation to the Electoral Commission". I think that is not particularly onerous. It applies only, in the case of a party, to gifts totalling over $1,500. We are not talking about everybody who gives a donation when the hat is passed around having an obligation to report to the commission. Of course, it would be ridiculous for an Independent MLA, where the gift totals $200 or more. There is, once again, an obligation there. We are not talking about small amounts; we are talking about substantial amounts of money. Then there becomes an obligation. I think that is a reasonable position to be in. I recommend these amendments to members.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .