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Footnotes
Chapter 1 Introduction
[1]
Joint Select Committee on Electoral Reform, First Report,
September 1983, Commonwealth Parliament of Australia, p. 153.
[2]
Commonwealth of Australia, Electoral Reform Green Paper—Donations,
Funding and Expenditure, December 2008, p. 19.
[3]
Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011
is available at: <http://www.comlaw.gov.au/Details/C2011B00102>
[4]
In particular, see submissions 3, 16, 68, 86, 87 and 90. Submissions to
the JSCEM inquiry into the conduct of the 2010 federal election are available
at: <http://www.aph.gov.au/house/committee/em/elect10/subs.htm>
Chapter 2 Background
[1]
M Pinto-Duschinsky, Political financing in the Commonwealth
[2001], Commonwealth Secretariat, United Kingdom, pp. 7-8.
[2]
Commonwealth of Australia, Electoral Reform Green Paper—Donations,
Funding and Expenditure, December 2008, p. 78.
[3]
Commonwealth of Australia, Electoral Reform Green Paper—Donations,
Funding and Expenditure, December 2008, p. 1.
[4]
Joint Standing Committee on Electoral Matters, The 2004 Federal
Election: Report of the inquiry into the conduct of the 2004 Federal Election
and matters related thereto, September 2005, Commonwealth Parliament of
Australia, p. 288.
[5]
Joint Standing Committee on Electoral Matters, Funding and Disclosure:
Inquiry into disclosure of donations to political parties and candidates, February
2006, Commonwealth Parliament of Australia, p. 28. Details of this report
will be outlined later in this chapter.
[6]
Australian Labor Party, Submission 21, p. 2.
[7]
The Australian Greens, Submission 12, p. 4.
[8]
The Nationals, Submission 24, p. 4.
[9]
Mr John Sutton, Construction, Forestry, Mining and Energy Union,
Roundtable discussion on the Electoral Reform Green Paper – Donations, Funding
and Expenditure, Committee Hansard, 16 April 2009, p. 3.
[10]
Joint Select Committee on Electoral Reform, First Report, September
1983, Commonwealth Parliament of Australia, pp. 215-221.
[11]
Joint Select Committee on Electoral Reform, First Report, September
1983, Commonwealth Parliament of Australia, pp. 148-149.
[12]
Joint Select Committee on Electoral Reform, First Report, September
1983, Commonwealth Parliament of Australia, pp. 149-150.
[13]
Joint Standing Committee on Electoral Matters, The 2004 Federal
Election: Report of the inquiry into the conduct of the 2004 Federal Election
and matters related thereto, September 2005, Commonwealth Parliament of
Australia, pp. 333-344.
[14]
Joint Standing Committee on Electoral Matters, ‘Minority Report’ in the The
2004 Federal Election: Report of the inquiry into the conduct of the 2004
Federal Election and matters related thereto, September 2005, Commonwealth
Parliament of Australia, p. 355.
[15]
Joint Standing Committee on Electoral Matters, ‘Minority Report’ in the The
2004 Federal Election: Report of the inquiry into the conduct of the 2004
Federal Election and matters related thereto, September 2005, Commonwealth
Parliament of Australia, pp. 377-378.
[16]
Joint Standing Committee on Electoral Matters, Funding and Disclosure:
Inquiry into disclosure of donations to political parties and candidates,
February 2006, Commonwealth Parliament of Australia, p. iv.
[17]
Joint Standing Committee on Electoral Matters, ‘Dissenting Report’ in the Funding
and Disclosure: Inquiry into disclosure of donations to political parties and
candidates, February 2006, Commonwealth Parliament of Australia, p. 15.
[18]
Joint Standing Committee on Electoral Matters, ‘Dissenting Report’ in the Funding
and Disclosure: Inquiry into disclosure of donations to political parties and candidates,
February 2006, Commonwealth Parliament of Australia, pp. 15-26.
[19]
Joint Standing Committee on Electoral Matters, Advisory report on
Schedule 1 of the Tax Laws Amendment (2008 Measures No. 1) Bill 2008, June
2008, Commonwealth Parliament of Australia, pp. 40-41.
[20]
Joint Standing Committee on Electoral Matters, Advisory report on the
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2008, October 2008, Commonwealth Parliament of Australia, p. 24.
[21]
Joint Standing Committee on Electoral Matters, Advisory report on the
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2008, October 2008, Commonwealth Parliament of Australia, p. 64.
[22]
Joint Standing Committee on Electoral Matters, ‘Dissenting Report’ in the Advisory
report on the Commonwealth Electoral Amendment (Political Donations and Other
Measures) Bill 2008, October 2008, Commonwealth Parliament of Australia,
pp. 79-80.
[23]
Parliamentary Library, ‘Commonwealth Electoral Amendment (Political
Donations and Other Measure) Bill 2009’, Bills Digest no. 115, 2008–2009,
18 March 2009, pp. 2-3.
[24]
The Hon G Gray, Special Minister of State, ‘Second reading speech:
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010’, House of Representatives, Debates, 20 October 2010, p. 869.
[25]
Parliamentary Library, ‘Commonwealth Electoral Amendment (Political
Donations and Other Measures) Bill 2010’, Bills Digest no. 43, 2010–11,
17 November 2010, p. 3.
[26]
The Hon G Gray, Special Minister of State, ‘Second reading speech:
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010’, House of Representatives, Debates, 20 October 2010, p. 869.
[27]
Commonwealth of Australia, Electoral Reform Green Paper—Donations,
Funding and Expenditure, December 2008, p. 1.
[28]
Commonwealth of Australia, Electoral Reform Green Paper—Donations,
Funding and Expenditure, December 2008, p. 79.
[29]
A copy of the transcript is available on the JSCEM website at: <http://www.aph.gov.au/house/committee/em/greenpaper/hearings/Transcript%2016%20roundtable.pdf>
[30]
The groups represented were: Democratic Audit of Australia, Action on
Smoking and Health Australia, The Wilderness Society, Public Interest Advocacy
Centre and the Construction, Forestry, Mining and Energy Union. Professor
George Williams and former senator Mr Andrew Murray also appeared in a
private capacity.
[31]
Mr John Sutton, National Secretary, Construction Forestry, Mining and
Energy Union, Committee Hansard, 16 April 2009, p. 51.
[32]
The Australian Greens & The Australian Labor Party (‘The
Parties’)—Agreement, pp. 2-3, <http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F165017%22>
viewed 20 October 2011.
[33]
The Australian Labor Party & the Independent Members (Mr Tony
Windsor and Mr Rob Oakeshott) (‘the Parties’) – Agreement p. 2, <http://parlinfo.aph.gov.au/parlInfo/download/library/
jrnart/218795/upload_binary/218795.pdf;fileType=application%2Fpdf#search=%22library/jrnart/218795%22>
viewed 20 October 2011.
[34]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard,
8 August 2011, p. 3.
[35]
New South Wales Government, Response to the report of the Select
Committee on Electoral and Political Party Funding, December 2008, p. 1,
<http://www.parliament.nsw.gov.au/Prod/parl
ment/committee.nsf/0/1CA6D5A89FABD975CA25746D00063640?open&refnavid=CO3_1>
viewed 21 October 2011.
[36]
New South Wales Government, Response to the report of the Select
Committee on Electoral and Political Party Funding, December 2008, pp. 1-2,
<http://www.parliament.nsw.gov.au
/Prod/parlment/committee.nsf/0/1CA6D5A89FABD975CA25746D00063640?open&refnavid=CO3_1>
viewed 21 October 2011.
[37]
Parliament of New South Wales, Joint Standing Committee on Electoral
Matters, Public funding of election campaigns, Report No. 2/54 – March
2010, p. 1.
[38]
Parliament of New South Wales, Legislative Review Committee, Legislation
Review Digest No. 15 of 2010–8 November 2010, p. 15, <http://www.parliament.nsw.gov.au/Prod/parlment/
committee.nsf/0/263a3a40ddcc87ca2577d500142361/$FILE/2010.15%20%20Legislation%20Review%20Digest.pdf>
viewed 31 October 2011.
[39]
NSW Electoral Funding Authority website, <http://www.efa.nsw.gov.au/>
viewed 7 October 2011.
[40]
Election Funding, Expenditure and Disclosures Act 1981, part 6A.
[41]
The Greens NSW, Submission 18, p. 2.
[42]
Parliament of New South Wales, ‘Agreement in Principle’, Speech on the Election
Funding, Expenditure and Disclosures Amendment Bill 2011, Premier Barry
O’Farrell, 12 September 2011, p. 1, <http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0
/ef0fa9bfa141eeca25780024329d/$FILE/ELECTION%20FUNDING.pdf> viewed
21 October 2011.
[43]
New South Wales Parliament, Legislative Review Committee, Legislation
Review Digest No. 5 of 2011–11 October 2011, pp. 10-11, <http://www.parliament.nsw.gov.au/prod/parlment
/committee.nsf/0/08a954009ff9ca257926001c91f1/$FILE/Digest%205.pdf>
viewed 21 October 2011.
[44]
Queensland Government, Reforming Queensland’s electoral system,
December 2010, p. 5, <http://www.premiers.qld.gov.au/community-issues/open-transparent-gov/assets/electoral-reform-whitepaper.pdf>
[45]
Queensland Government, Explanatory Memorandum, Electoral Reform and
Accountability Amendment Bill 2011, pp. 1-2, <http://www.legislation.qld.gov.au/Bills/53PDF/2011
/ElecRefAccAm1Exp.pdf> viewed 28 October 2011.
[46]
Queensland Government, Explanatory Memorandum, Electoral Reform and
Accountability Amendment Bill 2011, p. 1, <http://www.legislation.qld.gov.au/Bills/53PDF/2011
/ElecRefAccAm1Exp.pdf> viewed 28 October 2011.
[47]
Electoral Reform and Accountability Amendment Act 2011, Division
5—Administrative expenditure funding.
[48]
Parliament of Victoria, Electoral Matters Committee, Inquiry into
political donations and disclosure, April 2009, p. vii.
[49]
Parliament of Victoria, Electoral Matters Committee, Inquiry into political
donations and disclosure, April 2009, p. x.
[50]
State Government of Victoria, Report on the inquiry into political
donations and disclosure: Government Response, 10 November 2009, <http://www.parliament.vic.gov.au/archive/emc/
Inquiry%20into%20Political%20Donations%20and%20Disclosure/government_response.pdf>
viewed 31 October 2011.
[51]
State Government of Victoria, Fundraising Code of Conduct, <http://www.premier.vic.gov.au/images/stories/documents/mediareleases/2011/00_
Victorian_Government_Fundraising_Code_of_Conduct.pdf> viewed 31 October
2011.
[52]
Premier of Victoria website, Media release, Premier delivers tough new
Code of Conduct to reform political fundraising and lobbying in Victoria,
30 October 2011, <http://www.premier.vic.gov.au/media-centre/media-releases/2367-premier-delivers-tough-new-code-of-conduct-to-reform-political-fundraising-and-lobbying-in-victoria.html>
[53]
Premier of Victoria website, Media release, Premier delivers tough new
Code of Conduct to reform political fundraising and lobbying in Victoria,
30 October 2011, <http://www.premier.vic.gov.au/media-centre/media-releases/2367-premier-delivers-tough-new-code-of-conduct-to-reform-political-fundraising-and-lobbying-in-victoria.html>
[54]
Premier of Victoria website, Media release, Premier delivers tough new
Code of Conduct to reform political fundraising and lobbying in Victoria,
30 October 2011, <http://www.premier.vic.gov.au/media-centre/media-releases/2367-premier-delivers-tough-new-code-of-conduct-to-reform-political-fundraising-and-lobbying-in-victoria.html>
[55]
ACT Electoral Commission website, <http://www.elections.act.gov.au/page/view/448/title
/funding-and-disclosure> viewed 4 November 2011.
[56]
Legislative Assembly for the Australian Capital Territory, Standing
Committee on Justice and Community Safety, A Review of Campaign Financing
Laws in the ACT, September 2011, <http://www.parliament.act.gov.au/downloads/reports/Campaign%20Financing%20Report%202011.pdf>
[57]
Legislative Assembly for the Australian Capital Territory, Standing
Committee on Justice and Community Safety, Media Release, 22 September
2011, <http://www.parliament.act.gov.au/downloads/media-releases/110922JACS.pdf>
[58]
See, for example, Action on Smoking and Health
Australia, Submission 8, p. 2.
[59]
Professor George Williams, Private capacity, Committee Hansard, 16
April 2009, p. 4.
[60]
Commonwealth of Australia, Electoral Reform Green Paper—Donations,
Funding and Expenditure, December 2008, p. 32.
[61]
The Nationals, Submission 24, p. 6.
[62]
Liberal Party of Australia, Submission 25, p. 1.
[63]
Australian Labor Party, Supplementary submission 21.1, p. 2.
[64]
Professor Brian Costar, Democratic Audit of Australia, Committee Hansard,
16 April 2009, p. 4.
[65]
Professor George Williams, Private capacity, Committee Hansard, 16
April 2009, p. 4.
[66]
Professor Brian Costar, Democratic Audit of Australia, Committee Hansard,
16 April 2009, p. 5.
[67]
Australian Labor Party, Supplementary submission 21.1, p. 2.
[68]
Liberal Party of Australia, Submission 25, Attachment A, p. 2.
[69]
Liberal Party of Australia, Submission 25, Attachment A, p.
4.
Chapter 3 Private funding
[1]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 17.
[2]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 41.
[3]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 42.
[4]
Additional requirements exist if an amount is received or a debt is
incurred from a trust fund, foundation or unincorporated association above the
disclosure threshold. Details of loans from non-financial institutions and the
name of financial institutions with which a loan is held must also be kept
where necessary. See Part XX of the Commonwealth Electoral Act 1918.
[5]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, 2008, p. 2.
[6]
Public Health Association Australia, Submission 7, p. 4.
[7]
Public Health Association Australia, Submission 7, p. 4.
[8]
Australian Labor Party, Submission 21, p. 2.
[9]
Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral
Commission, Committee Hansard, 8 August 2011, pp. 2-3.
[10]
Committee Hansard, 8 August 2011, p. 20.
[11]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, 2008, p. 17.
[12]
Australian Labor Party, Supplementary submission 21.1, pp. 2-3.
[13]
The Australian Greens, Submission 12, p. 4.
[14]
Action on Smoking and Health Australia, Submission 8, p. 2
[15]
The Australian Greens, Submission 12, p. 4.
[16]
McCusker Centre for Action on Alcohol and Youth and Cancer Council of
Western Australia, Submission 15, p. 2.
[17]
NSW Greens Political Donation Research Project, Submission 17, p. 3.
[18]
Associate Professor Ken Coghill, Accountability Round Table, Committee
Hansard, 10 August 2011, p. 2.
[19]
The Australian Greens, Submission 12, p. 3.
[20]
Dr Joo-Cheong Tham, Submission 90, JSCEM inquiry into the 2010 federal
election and matters related thereto, p. 52.
[21]
S Miskin and G Baker, ‘Political finance disclosure under current and
proposed thresholds’, Research Note no. 27, 2005-06, 24 March 2006,
Parliamentary Library, pp. 2, 4.
[22]
Joint Standing Committee on Electoral Matters, Advisory Report on the
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2008, October 2008, Commonwealth Parliament of Australia, p. 33.
[23]
Australian Labor Party, Supplementary submission 21.1, p. 1-2.
[24]
See AEC website <http://periodicdisclosures.aec.gov.au/>
[25]
FamilyVoice Australia, Submission 6, p. 6.
[26]
Dr Norman Thompson, NSW Greens Political Donation Research Project, Committee
Hansard, 9 August 2011, pp. 8-9.
[27]
Dr Norman Thompson, NSW Greens Political Donation Research Project, Committee
Hansard, 9 August 2011, pp. 8-9.
[28]
Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission, Committee
Hansard, 8 August 2011, p. 5.
[29]
Mr Brett Constable, The Australian Greens, Committee Hansard, 8
August 2011, p. 40.
[30]
K Mayer, Sunlight as the best disinfectant: Campaign finance in
Australia, Discussion Paper 31/06 (October 2006), Democratic Audit of
Australia, p. 4, <http://democraticaudit.anu.edu.au/
papers/20061026mayerfin.pdf> viewed 15 September 2011.
[31]
See Committee Hansard, 9 August 2011, p. 18.
[32]
Office of the Privacy Commissioner, Submission 23 to the Electoral
Reform Green Paper – Donations, Funding and Expenditure, p. 4.
[33]
Office of the Privacy Commissioner, Submission 23 to the Electoral
Reform Green Paper – Donations, Funding and Expenditure, p. 4.
[34]
Office of the Privacy Commissioner, Submission 23 to the Electoral
Reform Green Paper – Donations, Funding and Expenditure, p. 5.
[35]
Democratic Audit of Australia, Submission 2, p. 5.
[36]
Electoral Act 1992 (QLD), s. 265(3).
[37]
Commonwealth Electoral Amendment (Political Donations and Other Measures)
Bill 2010, item 48.
[38]
Australian Electoral Commission, Supplementary submission 19.3, p.
12.
[39]
Australian Electoral Commission, Supplementary submission 19.3, p.
12.
[40]
Australian Electoral Commission, Supplementary submission 19.3, p.
12.
[41]
Commonwealth Electoral Act 1918, s. 287(1).
[42]
Australian Electoral Commission, Funding and Disclosure Guide 2010-2011:
Donors to Political Parties, Commonwealth of Australia, p. 5.
[43]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 43.
[44]
Associate Professor Ken Coghill, Accountability Round Table, Committee
Hansard, 10 August 2011, p. 1.
[45]
Accountability Round Table, Submission 22, p. 4.
[46]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 39.
[47]
Democratic Audit of Australia, Submission 2, p. 4.
[48]
Australian Electoral Commission, Supplementary submission 19.3, p.
13.
[49]
Australian Electoral Commission, Supplementary submission 19.3, p.
13.
[50]
Australian Electoral Commission, Supplementary submission 19.3, p.
13.
[51]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 43.
[52]
NSW Greens Political Donation Research Project, Submission 17, p. 4.
[53]
Australian Electoral Commission, Submission 19, p. 4.
[54]
Associate Professor Ken Coghill, Accountability Round Table, Committee
Hansard, 10 August 2011, p. 1.
[55]
Associate Professor Ken Coghill, Accountability Round Table, Committee
Hansard, 10 August 2011, p. 2.
[56]
Democratic Audit of Australia, Submission 2, p. 7.
[57]
Democratic Audit of Australia, Submission 2, p. 7.
[58]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard,
21 September 2011,
[59]
Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee
Hansard, 1 November 2011, p. 8.
[60]
Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission, Committee
Hansard, 1 November 2011, p. 8.
[61]
Australian Electoral Commission, Supplementary submission 19.1, p.
3.
[62]
Australian Electoral Commission, Submission 19, p. 4.
[63]
Mr Andrew Norton, Private capacity, Committee Hansard, 10 August
2011, p. 19.
[64]
Dr Joo-Cheong Tham, Submission 90, JSCEM inquiry into the 2010
federal election and matters related thereto, p. 111.
[65]
Electoral Act 1992 (QLD), s. 266.
[66]
Mr Andrew Norton, Private capacity, Committee Hansard, 10 August
2011, p. 19.
[67]
Australian Electoral Commission, Supplementary submission 19.1, p.
5.
[68]
Australian Electoral Commission, Supplementary submission 19.1, p.
6.
[69]
Australian Electoral Commission, Supplementary Submission 19.1, pp.
4-5.
Chapter 4 Options for private funding reform
[1]
See further Electoral Act 1992 (QLD), s. 204; and Election
Funding, Expenditure and Disclosures Act 1981 (NSW), s. 35(1)(d).
[2]
See Election Funding, Expenditure and Disclosures Act 1981 (NSW),
s. 95A.
[3]
See Electoral Act 1992 (Qld), s. 252.
[4]
Mr Brett Constable, The Australian Greens, Committee Hansard, 8
August 2011, p. 41.
[5]
See generally The Australian Greens, Submission 12.
[6]
The Australian Greens, Australian Greens Internal Policy on Donations,
<http://greens.org.au/donations_policy> viewed
31 October 2011.
[7]
Mr Brett Constable, The Australian Greens, Committee Hansard, 8
August 2011, p. 42.
[8]
Mr Chris Maltby, The Greens NSW, Committee Hansard, 9 August 2011,
p. 6.
[9]
Mr Chris Maltby, The Greens NSW, Committee Hansard, 9 August 2011,
p. 6.
[10]
Emeritus Professor Colin Hughes, Submission 16, p. 3.
[11]
See Australian Electoral Commission, Submission 19.
[12]
See generally Australian Electoral Commission, Submission 19.
[13]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 39.
[14]
See further Citizens United v Federal Election Commission 558 US
08-205 (2010).
[15]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[16]
The Australian Greens, Submission 12, p. 4.
[17]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 41.
[18]
I Ramsay, G Stapledon and J Vernon, Political
Donations by Australian Companies, in Federal Law Review, Vol. 29, 2001,
pp. 201 – 202, cited in Commonwealth of Australia, Electoral Reform
Green Paper – Donations, Funding and Expenditure, December 2008, p. 42.
[19]
I Ramsay, G Stapledon and J Vernon, Political Donations by Australian
Companies, in Federal Law Review, Vol. 29, 2001, p. 202, cited in
Commonwealth of Australia, Electoral Reform Green Paper – Donations, Funding
and Expenditure, December 2008, p. 43.
[20]
I Ramsay, G Stapledon and J Vernon, Political Donations by Australian
Companies, in Federal Law Review, Vol. 29, 2001, cited in Commonwealth of
Australia, Electoral Reform Green Paper – Donations, Funding and Expenditure,
December 2008, p. 42.
[21]
Associate Professor Ken Coghill, Accountability Round Table, Committee
Hansard, 10 August 2011, p. 3.
[22]
The Australian Greens, Submission 32 to the Electoral Reform Green
Paper – Donations, Funding and Expenditure, p. 1.
[23]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 41.
[24]
See further Law Library of Congress website, <http://www.loc.gov/law/help/campaign-finance/uk.php>
viewed 7 October 2011.
[25]
See Electoral Act 1992 (QLD), s. 267.
[26]
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2010, item 51.
[27]
Democratic Audit of Australia, Submission 2, p. 6.
[28]
The Australian Greens, Submission 12, p. 4.
[29]
Democratic Audit of Australia, Submission 2, p. 6.
[30]
Australian Labor Party, ‘ALP Code of Conduct for Fundraising (decision of
the 1994 Conference)’ in the National Platform and Constitution 2009, p.
30.
[31]
Australian Electoral Commission, Supplementary submission 19.4, pp.
1-2.
[32]
Joint Standing Committee on Electoral Matters, Committee Hansard, 8
August 2011, p. 32.
[33]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 39.
[34]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s.
96GB(3).
[35]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 41.
[36]
GetUp!, Submission 23, p. 2.
[37]
GetUp!, Submission 23, p. 2.
[38]
GetUp!, Submission 23, p. 2.
[39]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s.
96D.
[40]
Professor George Williams, Submission 3, p. 2.
[41]
Professor George Williams, Submission 3, p. 2.
[42]
Democratic Audit of Australia, Submission 2, p. 6.
Chapter 5 Expenditure
[1]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 67.
[4]
Commonwealth of Australia, Electoral Reform Green Paper – Donations, Funding
and Expenditure, December 2008, p. 10.
[5]
Commonwealth Electoral Act 1918, s. 308.
[6]
Commonwealth Electoral Amendment (Political Donations and Other Measures)
Bill 2010, item 7.
[7]
See further AEC website, <http://electiondisclosures.aec.gov.au/CandidateSearch.aspx?
SubmissionId=15508> viewed 9 November 2011.
[8]
Joint Standing Committee on Electoral Matters, Report on the conduct
of the 1996 federal election and matters related thereto, Commonwealth
Parliament of Australia, p. 103.
[9]
Australian Electoral Commission, Submission 19, p. 2.
[10]
Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission, Committee
Hansard, 1 November 2011, p. 6.
[11]
House of Representatives Hansard 16 March 2009 at page 2684, cited in
Australian Electoral Commission, Supplementary submission 19.3,
p. 6.
[12]
Dr Norman Thompson, NSW Greens Political Donations Research Project, Committee
Hansard, 9 August 2011, p. 9.
[13]
Dr Norman Thompson, Democracy4sale website, <http://www.democracy4sale.org/index.
php?option=com_content&view=article&id=548:nsw-electoral-funding-reform-democratic-or-enforceable&catid=1:general&Itemid=6>
viewed 25 October 2011.
[14]
K Mayer, Sunlight as the best disinfectant: Campaign finance in
Australia, Discussion Paper 31/06 (October 2006), Democratic Audit of
Australia, p. 4, <http://democraticaudit.anu.edu.au/
papers/20061026mayerfin.pdf> viewed 15 September 2011.
[15]
Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee
Hansard, 1 November 2011, pp. 6-7.
[16]
Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission, Committee
Hansard, 1 November 2011, p. 7.
[17]
NSW Greens Political Donation Research Project, Submission 17, p. 2.
[18]
NSW Greens Political Donation Research Project, Submission 17, p. 4.
[19]
See generally Canada Elections Act, division 3.
[20]
Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee
Hansard, 1 November 2011, p. 7.
[21]
Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee
Hansard, 1 November 2011, pp. 6-7.
[22]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 13.
[23]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 64.
[24]
S. Young, ‘Party Expenditure’ in S. Young and J-C Tham, Political
Finance in Australia: a skewed and secret system, Democratic Audit of
Australia, Report No. 7, Australian National University Canberra, 2006, p. 95,
cited in Commonwealth of Australia, Electoral Reform Green Paper –
Donations, Funding and Expenditure, December 2008, p. 64.
[25]
Australian Labor Party, Submission 21, p. 2.
[26]
Australian Labor Party, Submission 21, p. 3.
[27]
Accountability Round Table, Submission 22, p. 3.
[28]
Commonwealth of Australia, Electoral Reform Green
Paper – Donations, Funding and Expenditure, December 2008, p. 67.
[29]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 65.
[30]
Australian Electoral Commission, Submission 19, p. 14.
[31]
Australian Electoral Commission, Submission 19, p. 8.
[32]
Australian Electoral Commission, Submission 19, p. 8.
[33]
Australian Electoral Commission, Submission 19, p. 8.
[34]
Australian Electoral Commission, Submission 19, p. 4.
[35]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 67.
[36]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 67.
[37]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008 p. 10.
[38]
Stephen Mills, Submission 29 to the Electoral Reform Green Paper –
Donations, Funding and Expenditure, pp. 2-3.
[39]
Stephen Mills, Submission 29 to the Electoral Reform Green Paper –
Donations, Funding and Expenditure, p. 3.
[40]
Mr Stephen Mills, Private capacity, Committee Hansard, 9 August
2011, p. 30.
[41]
Mr Stephen Mills, Private capacity, Committee Hansard, 9 August
2011, p. 30.
[42]
Mr Stephen Mills, Private capacity, Committee Hansard, 9 August
2011, p. 33.
[43]
Mr Stephen Mills, Private capacity, Committee Hansard, 9 August
2011, p. 33.
[44]
GetUp!, Submission 23, p. 4.
[45]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 67.
[46]
Mr Stephen Mills, Private capacity, Committee Hansard, 9 August
2011, p. 35.
[47]
A. Geddis, The Funding of New Zealand’s Elections: Current problems and
prospects for change, <http://democraticaudit.anu.edu.au/papers/20070302_geddis_fundnzelect.pdf>
viewed 17 October 2011.
[48]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 76.
[49]
The Nationals, Submission 24, p. 4.
[52]
Australian Electoral Commission, Submission 19, p. 3.
[53]
See Australian Capital Television v Commonwealth (1992) 177 CLR 106
and Lange v Australian Broadcasting Corporation (1997) CLR 520.
[54]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 41.
[55]
Commonwealth of Australia, Electoral
Reform Green Paper – Donations, Funding and Expenditure, December 2008, p.
65.
[56]
KD Ewing, ‘Promoting Political Equality: Spending Limits in British
Electoral Law’, Election Law Journal, vol. 2, no. 4, 2003, pp. 499-524,
cited in Commonwealth of Australia, Electoral Reform Green Paper –
Donations, Funding and Expenditure, December 2008, p. 65.
[57]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, pp. 40-41.
[58]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 39.
[59]
Australian Capital Television & NSW v Commonwealth (1992) 177
CLR 106 per McHugh J.
[60]
Mr Stephen Mills, Private capacity, Committee Hansard, 9 August
2011, p. 31.
Chapter 6 Public funding - Administrative funding
[1]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 34.
[2]
Joint Select Committee on Electoral Reform, First Report,
September 1983, Commonwealth Parliament of Australia, pp. 153-155, cited in
Commonwealth of Australia, Electoral Reform Green Paper – Donations, Funding
and Expenditure, December 2008, p. 34.
[3]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 13.
[4]
See of the Commonwealth Electoral Act 1918, division 3, part XX.
[5]
Australian Democrats, Submission 10, p. 1.
[6]
S Young and J Tham (2006): Political finance in Australia: a skewed
and secret system, School of Social Sciences ANU, pp. 30-34.
[7]
Accountability Round Table, Submission 22, p. 2.
[8]
Accountability Round Table, Submission 22, p. 3.
[9]
Democratic Audit of Australia, Submission 2, p. 3.
[10]
Australian Labor Party, Submission 21, p. 4.
[11]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 36.
[12]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 36.
[13]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 35.
[14]
S. Young ‘Public funding of political parties’ in S. Young and J-C Tham, Political
finance in Australia: a skewed and secret system, Democratic Audit of
Australia, Report No. 7, Australian National University, Canberra, 2006, p. 47,
cited in Commonwealth of Australia, Electoral Reform Green Paper –
Donations, Funding and Expenditure, December 2008, p. 35.
[15]
Mr Andrew Murray, Submission 3, JSCEM inquiry into the conduct of
the 2010 federal election and related matters thereto, p. 5.
[16]
GetUp!, Submission 23, p. 3.
[17]
Mr Sam McLean, Deputy Director, GetUp!, Committee Hansard, 2 November
2011, p. 10.
[18]
FamilyVoice Australia, Submission 6, p. 4.
[19]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 35.
[20]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 35.
[21]
Democratic Audit of Australia, Submission 2, p. 2.
[22]
Democratic Audit of Australia, Submission 2, p. 3.
[23]
For example, see Accountability Roundtable, Submission 22.
[24]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 39.
[25]
J-C Tham and D Grove, ‘Public Funding and Expenditure Regulation of
Australian Political Parties: Some Reflections,’ Federal Law Review, vol.
32, no. 3, 2004, p. 411, cited in Commonwealth of Australia, Electoral
Reform Green Paper – Donations, Funding and Expenditure, December 2008, p.
36.
[26]
Dr Joo-Cheong Tham, Submission 1, p. 3.
[27]
Democratic Audit of Australia, Submission 2, pp. 2-3.
[28]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard,
8 August 2011, p. 2.
[29]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 36.
[30]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 36.
[31]
Australian Electoral Commission, Submission 19, p. 10.
[32]
Parliamentary Library, ‘Commonwealth Electoral Amendment (Political
Donations and Other Measures) Bill 2010’, Bills Digest No. 43, 2010-2011,
17 November 2010, p. 11.
[33]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 38.
[34]
Commonwealth Electoral Amendment (Political Donations and Other Measures)
Bill 2010, item 7.
[35]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 34.
[36]
Emeritus Professor Colin Hughes, Submission 16, p. 7.
[37]
Australian Electoral Commission, Submission 19, p. 11.
[38]
Australian Electoral Commission, Submission 19, p. 10.
[39]
See in general Canada Elections Act, ss. 464-468.
[40]
Explanatory memorandum, Commonwealth Electoral Amendment (Political
Donations and Other Measures) Bill 2010, p. 4.
[41]
Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission, Committee
Hansard, 8 August 2011, p. 1.
[42]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard,
8 August 2011, p. 2.
[43]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard, 8
August 2011, p. 2.
[44]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s.
97I(5).
[45]
The Greens NSW, Supplementary submission 18.1, p. 1.
[46]
Senator John Madigan, Commonwealth Senator for Victoria, Submission 26,
p. 1.
[47]
Senator John Madigan, Commonwealth Senator for Victoria, Submission 26,
p. 1.
[48]
Senator John Madigan, Commonwealth Senator for Victoria, Submission 26,
p. 1.
[49]
Australian Electoral Commission, Election Funding and Disclosure Report:
Federal Election 2010, Commonwealth of Australia, p.13.
[50]
Australian Electoral Commission, Election Funding and Disclosure Report:
Federal Election 2010, Commonwealth of Australia, p.13.
[51]
Australian Electoral Commission, Election Funding and Disclosure Report:
Federal Election 2010, Commonwealth of Australia, p.13.
[52]
Australian Electoral Commission, Election Funding and Disclosure Report:
Federal Election 2010, Commonwealth of Australia, p.13.
[53]
Australian Labor Party, Supplementary submission 21.1, p. 4.
[54]
Liberal Party of Australia, Submission 25, p. 3.
[55]
Liberal Party of Australia, Submission 25, p. 3.
[56]
Australian Labor Party, Supplementary submission 21.1, p. 7.
[57]
Mr Brett Constable, The Australian Greens, Committee Hansard, 8
August 2011, p. 39.
[58]
Elections Canada website, Information Sheet 8: Annual allowances for
political parties, <http://www.elections.ca/content.aspx?section=res&dir=loi/inf&document=fs08&lang=e&textonly=false>
viewed 22 November 2011.
[59]
House of Commons Library, Short Money, Standard Note SN/PC/1663, pp.
3, 10-11, <http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-01663.pdf>
viewed 22 November 2011.
[60]
UK Electoral Commission website, <http://www.electoralcommission.org.uk/party-finance/public_funding>
viewed 22 November 2011.
[61]
Australian Labor Party, Supplementary submission 21.1, p. 6.
[62]
Australian Labor Party, Supplementary submission 21.1, p. 5.
[63]
Australian Labor Party, Supplementary submission 21.1, p. 5.
[64]
GetUp!, Submission 23, p. 4.
[65]
The Greens NSW, Supplementary submission 18.1, p. 1.
[66]
The Greens NSW, Supplementary submission 18.1, p. 1.
[67]
The Greens NSW, Supplementary submission 18.1, p. 1.
[68]
Australian Electoral Commission, Submission 19, p. 11.
[69]
Australian Electoral Commission, Submission 19, p. 11.
[70]
Australian Electoral Commission, Submission 19, p. 11.
Chapter 7 Third parties and associated entities
[1]
See Commonwealth Electoral Act 1918, s. 314AEB.
[2]
Liberal Party of Australia, Submission 25, p. 4.
[3]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 55.
[4]
Australian Electoral Commission, Submission 19, p. 7.
[5]
Australian Electoral Commission, Submission 19, p. 8.
[6]
Ms Anne Jones OAM, Chief Executive Officer, Action on Smoking and Health
Australia, Committee Hansard, 9 August 2011, p. 20.
[7]
Criminal Code (Cth), s. 6.1. The Commonwealth Electoral Amendment
(Political Donations and Other Measures) Bill 2010 seeks to remove strict
liability for offences against Part XX of the Electoral Act.
[8]
Australian Electoral Commission, Supplementary submission 19.1, p.
6.
[9]
Australian Electoral Commission, Supplementary submission 19.1, p.
6.
[10]
Emeritus Professor Colin Hughes, Private capacity, Committee Hansard,
8 August 2011, p. 17.
[11]
Canada Elections Act, s. 350(1).
[12]
Canada Elections Act, s. 319.
[13]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s. 87.
[14]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s. 93.
[15]
See generally Election Funding, Expenditure and Disclosures Act 1981
(NSW), division 2B.
[16]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s. 87.
[17]
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s. 87.
[18]
Australian Electoral Commission, Supplementary submission 19.1, p.
7.
[19]
Australian Electoral Commission, Supplementary submission 19.1, p. 6.
[20]
Australian Electoral Commission, Supplementary submission 19.3, p.
13.
[21]
Australian Council of Trade Unions, Submission 9, p. 6.
[22]
Mr Andrew Norton, Submission 20, p. 16.
[23]
Mr Andrew Norton, Submission 20, p. 16.
[24]
Mr Andrew Norton, Submission 20, p. 3.
[25]
Australian Electoral Commission, Supplementary submission 19.3, p.
13.
[26]
Australian Electoral Commission, Supplementary submission 19.1, p.
7.
[27]
See AEC website for a copy of the Galaxy Research Third Party Annual
Financial Disclosure Return, < http://periodicdisclosures.aec.gov.au/Returns/24/OAMT3.pdf>
[28]
Australian Electoral Commission, Supplementary submission 19.1, p.
7.
[29]
Australian Electoral Commission, Report on election funding and
financial disclosure in relation to the 2010 federal election, Commonwealth
of Australia, p. 32.
[30]
Australian Electoral Commission, Supplementary submission 19.3, pp.
13-14.
[31]
Mr Andrew Norton, Submission 20, p. 7.
[32]
Mr Andrew Norton, Submission 20, p. 6.
[33]
Mr Andrew Norton, Submission 20, p. 3.
[34]
Senator Eric Abetz, Commonwealth Senator for Tasmania, Submission 5,
p. 3.
[35]
Mr Andrew Norton, Submission 20, p. 3.
[36]
Mr Andrew Norton, Submission 20, p. 8.
[37]
Mr Andrew Norton, Submission 20, p. 9.
[38]
Mr Andrew Norton, Submission 20, p. 9.
[39]
Mr Andrew Norton, Submission 20, p. 9.
[40]
Australian Electoral Commission, Supplementary submission 19.3, p.
14.
[41]
Mr Andrew Norton, Private capacity, Committee Hansard, 10 August
2011, p. 22.
[42]
Australian Labor Party, Submission 21, p. 3.
[43]
The Australian Greens, Submission 12, p. 5.
[44]
Australian Electoral Commission, Submission 19, pp. 6-7.
[45]
Australian Electoral Commission, Submission 19, p. 8.
[46]
Australian Electoral Commission, Submission 19, p. 7.
[47]
Australian Electoral Commission, Submission 19, p. 5.
[48]
Mr Andrew Norton, Submission 20, p. 20.
[49]
Professor M. Sawer, ‘Third Party Regulation – A Question of Balance?’, p. 2,
<http://democraticaudit.org.au/wp-content/uploads/2011/08/sawer2.pdf>
viewed 3 November 2011. This is a discussion paper on Mr Andrew Norton’s
Submission 20 to this inquiry, prepared for the Challenges of Electoral
Democracy Workshop, University of Melbourne, July 2011.
[50]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 39.
[51]
See Harper v Canada (Attorney General) [2004] 1 S.C.R. 827, 2004 SCC
33.
[52]
Mr Andrew Norton, Submission 20, p. 24.
[53]
Mr Andrew Norton, Submission 20, p. 24.
[54]
Mr Andrew Norton, Submission 20, p. 24.
[55]
Australian Electoral Commission, Supplementary submission 19.3, p.
14.
[56]
Australian Labor Party, Submission 21, pp. 3-4.
[57]
Australian Electoral Commission, Submission 19, p. 7.
[58]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 21.
[59]
Australian Electoral Commission, Supplementary submission 19.1, p.
8.
[60]
Australian Council of Trade Unions, Submission 9, p. 3.
[61]
Dr Joo-Cheong Tham, Submission to the Senate Finance and Public
Administration Legislation Committee’s Inquiry into the Electoral and
Referendum Amendment (Electoral Integrity and Other Measures) Bill 2006, 23
February 2006, cited in Australian Council of Trade Unions, Submission 9,
p. 3.
[62]
NSW Greens Political Donation Research Project, Submission 17, pp.
2-3.
[63]
NSW Greens Political Donation Research Project, Submission 17, p. 8.
[64]
Australian Electoral Commission, Election Funding and Disclosure Report:
Federal Election 2010, Commonwealth of Australia, p. 29.
[65]
Australian Electoral Commission, Supplementary submission 19.1, pp.
7-8.
Chapter 8 Compliance
[1]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 72.
[2]
See generally Australian Electoral Commission, Submission 19.
[3]
See Australian Electoral Commission, Submission 19, p. 2.
[4]
National Party of Australia, Submission 24, p. 3.
[5]
AEC website,
<http://periodicdisclosures.aec.gov.au/Returns/10/late.pdf> viewed
3 November 2011.
[6]
Australian Electoral Commission, Submission 19, p. 4.
[7]
Australian Electoral Commission, Supplementary submission 19.1, p.
3.
[8]
Australian Electoral Commission, Supplementary submission 19.1, p.
3.
[9]
Australian Electoral Commission, Supplementary submission 19.1, p.
3.
[10]
Australian Electoral Commission, Supplementary submission 19.1, p.
2.
[11]
Australian Electoral Commission, Supplementary submission 19.3, p.
12.
[12]
Australian Electoral Commission, Supplementary submission 19.3, p.
12.
[13]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 70.
[14]
Joint Select Committee on Electoral Reform, First Report, September
1983, Commonwealth Parliament of Australia, p. 168, paragraph 10.24, cited in
Australian Electoral Commission, Supplementary submission 19.3, p. 10.
[15]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 70. See also R Landry,
‘Enforcement of Canada Elections Act’, Electoral Insight, Vol. 5, No.
1, March 2003, pp. 2-6, <http://www.elections.ca/res/eim/article_search/
default.asp?textonly=false&lang=e> viewed 21 November 2011.
[16]
Canada Elections Act, ss. 501(2) and 501(3).
[17]
Commonwealth Electoral Act 1918, s. 316(3B).
[18]
See generally Commonwealth Electoral Act 1918, s. 141.
[19]
See generally Commonwealth Electoral Act 1918, s. 141.
[20]
Australian Electoral Commission, Supplementary submission 19, p. 5.
[21]
Joint Standing Committee on Electoral Matters, Advisory report on the
Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill
2008, October 2008, Commonwealth Parliament of Australia, p. 66.
[22]
Commonwealth Electoral Act 1918, s. 315(4).
[23]
Australian Electoral Commission, Supplementary submission 19.1, p.
2.
[24]
Mr Ed Killesteyn, Electoral Commissioner, Australian Electoral Commission, Committee
Hansard, 21 September 2011, p. 11.
[25]
B Edgman, ‘Political Funding: Challenges of Enforcement and Compliance’,
Paper prepared for the Challenges of Electoral Democracy Workshop, University
of Melbourne, July 2011, p. 2.
[26]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 72.
[27]
Parliamentary Library, ‘Commonwealth Electoral Amendment (Political
Donations and Other Measures) Bill 2010’, Bills Digest No. 43, 2010-2011,
17 November 2010, p. 22.
[28]
S. Nelson ‘Election Law Enforcement: International Comparisons’, Electoral
Insight, Vol. 5, No. 1, March 2003, pp. 2-6, available at <http://www.elections.ca/res/eim/article_search/
default.asp?textonly=false&lang=e> viewed 21 November 2011.
[29]
AEC website, <http://www.aec.gov.au/Parties_and_Representatives/compliance/
compliance-reviews.htm> viewed 26 October 2011.
[30]
Election Funding, Expenditure and Disclosures Act 1981, s. 110(3).
[31]
Election Funding, Expenditure and Disclosures Act
1981, s. 110(4).
[32]
Australian Electoral Commission, Submission 19, p. 4.
[33]
Australian Electoral Commission, Submission 19, p. 4.
[34]
Australian Electoral Commission, Submission 19, p. 12.
[35]
Australian Electoral Commission, Submission 19, p. 5.
[36]
Australian Electoral Commission, Submission 19, p. 5.
[37]
Australian Electoral Commission, Submission 19, p. 5.
[38]
See Chief Electoral Officer of Canada v LG (Gerry) Callaghan in his
capacity as agent for Robert Campbell, and David Pallet in his capacity as
official agent for Dan Mailer 2011 FCA 74, <http://www.scribd.com/doc/49807655/Full-Ruling>
viewed 4 November 2011.
[39]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard,
8 August 2011, p. 3.
[40]
B. Edgman, ‘Political Funding: Challenges of Enforcement and Compliance’,
Paper delivered at the Challenges of Electoral Democracy Workshop, University
of Melbourne, July 2011, p. 1.
[41]
B. Edgman, ‘Political Funding: Challenges of Enforcement and Compliance’,
Paper delivered at the Challenges of Electoral Democracy Workshop, University
of Melbourne, July 2011, p. 3.
[42]
Australian Electoral Commission, Submission 19, p. 6.
[43]
B. Edgman ‘Political Funding: Challenges of Enforcement and Compliance’,
Paper delivered at the Challenges of Electoral Democracy Workshop, University
of Melbourne, July 2011, p. 1.
[44]
B. Edgman, ‘Political Funding: Challenges of Enforcement and Compliance’,
Paper delivered at the Challenges of Electoral Democracy Workshop, University
of Melbourne, July 2011, p. 1.
[45]
Mr Brad Edgman, Australian Electoral Commission, Committee Hansard,
8 August 2011, p. 3.
Chapter 9 Relationships between federal, and state and territory arrangements
[1]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 24.
[2]
Australian Electoral Commission, Submission 19, p. 15.
[3]
Dr Gregory Ogle, The Wilderness Society, Roundtable discussion on the
first Electoral Reform Green Paper—Donations, Funding and Expenditure, Committee
Hansard, 16 April 2009, p. 42.
[4]
Mr Paul Neville MP, Member for Hinkler, Private capacity, Committee
Hansard, 14 September 2011, p. 1.
[5]
See discussion in Committee Hansard, 14 September 2011, pp. 1-2.
[6]
Mr Andrew Murray, Submission 5 to the Electoral Reform Green Paper
– Donations, Funding and Expenditure, December 2008, p. 9.
[7]
Liberal Party of Australia, Submission 25, p. 3.
[8]
Mr Andrew Murray, Submission 5 to the Electoral Reform Green Paper
– Donations, Funding and Expenditure, December 2008, p. 10.
[9]
Mr Andrew Murray, Submission 5 to the Electoral Reform Green Paper
– Donations, Funding and Expenditure, December 2008, p. 11.
[10]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[11]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[12]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[13]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[14]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[15]
Professor Anne Twomey, Private capacity, Committee Hansard, 9 August
2011, p. 38.
[16]
Mr Andrew Murray, Private capacity, Roundtable discussion on the first
Electoral Reform Green Paper—Donations, Funding and Expenditure, Committee
Hansard, 16 April 2009, p. 43.
[17]
Mr Andrew Murray, Submission 5 to the Electoral Reform Green Paper –
Donations, Funding and Expenditure, December 2008, p. 9.
[18]
Mr Andrew Murray, Submission 5 to the Electoral Reform Green Paper –
Donations, Funding and Expenditure, December 2008, p. 10.
[19]
Mr Peter Brent, Democratic Audit of Australia, Roundtable discussion on the
first Electoral Reform Green Paper—Donations, Funding and Expenditure,, Committee
Hansard, 16 April 2009, p. 44.
[20]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 24.
[21]
Professor George Williams, Private capacity, Committee Hansard, 9
August 2011, p. 29.
[22]
Commonwealth of Australia, Electoral Reform Green Paper – Donations,
Funding and Expenditure, December 2008, p. 50.
[23]
The Nationals, Submission 24, p. 6.
[24]
Australian Electoral Commission, Submission 19, p. 15.
[25]
Australian Electoral Commission, Submission 19, p. 15.
Chapter 10 Other issues
[1]
Australian Labor Party, Submission 21, pp. 4-5.
[2]
GetUp!, Submission 23, p. 2.
[3]
Democratic Audit of Australia, Submission 2, p. 6.
[4]
Democratic Audit of Australia, Submission 45 to JSCEM inquiry into
the conduct of the 2007 federal election and matters related thereto, pp.
12-13.
[5]
Mr Paul Dacey, Acting Electoral Commissioner, Committee Hansard,
26 September 2008, p. 4.
[6]
B Edgman, ‘Political Funding: Challenges of Enforcement and Compliance’,
Paper prepared for the Challenges of Electoral Democracy Workshop, University
of Melbourne, July 2011, p. 1.
[7]
Companies Act 2006 (UK), ss. 366-368, 378.
[8]
Chartered Secretaries Australia, ‘No support for involving shareholders
in political donations’, Media Release, 6 June 2004, <http://www.csaust.com/Content/NavigationMenu/NewsAdvocacy/Mediareleases/Political_donations080604.pdf>
viewed 24 October 2011.
[9]
Chartered Secretaries Australia, ‘No support for involving shareholders
in political donations’, Media Release, 6 June 2004, <http://www.csaust.com/Content/NavigationMenu/NewsAdvocacy/Mediareleases/Political_donations080604.pdf>
viewed 24 October 2011.
[10]
Chartered Secretaries Australia, ‘No support for involving shareholders in political
donations’, Media Release, 6 June 2004, <http://www.csaust.com/Content/NavigationMenu/
NewsAdvocacy/Mediareleases/Political_donations080604.pdf> viewed 24 October
2011.
Dissenting report – The Hon. Bronwyn Bishop MP, The Hon. Alex Somlyay MP, Senator Scott Ryan, Mr Dan Tehan MP and Mr Darren Chester MP
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