29 November 2000

The Australian Electoral Commission provides the following background information on the recent allegations of electoral bribery which have been reported in the media.

Allegations re cash payments to Australian Democrats in Division of Lilley, 1996

The AEC confirms that at 11.30am on Monday, 27 November 2000, it referred a Courier Mail article published that morning, entitled Democrats probe donation, and excerpts from a radio interview on the same day from 4QR in Brisbane to the Commonwealth Director of Public Prosecutions (DPP) seeking preliminary advice on whether an offence of bribery under section 326 of the Commonwealth Electoral Act 1918 (Electoral Act) might be suggested.

The AEC is considering whether there are any further matters arising under the funding and disclosure provisions in part XX of the Electoral Act in relation to these allegations.

For the assistance of the media the following disclosure requirements, under the Electoral Act, were in place for gifts made at the 1996 federal election:

Election returns

• At the 1996 federal election donations of $200 or more made to a candidate were required to have been disclosed in an election return lodged with the Australian Electoral Commission by the candidate and by the donor, whether that donor was an individual or a corporation.
• A donation made by a candidate to another candidate or to a party would not be disclosed in their candidate election return but separately in a donor return. The due date for lodgement of disclosure returns for the 1996 federal election was 17 June 1996.

Annual returns

• Donations received by a political party of $500 or more that total $1500 or more from a single source in the course of the 1995/96 financial year would have needed to be disclosed by the party in an annual return lodged with the AEC.
• The due dates for lodgement of annual disclosure returns for the 1995/96 financial year were 21 October 1996 for party returns and 18 November 1996 for donor returns.

• Section 287A of the Commonwealth Electoral Act 1918 deems that the transactions of a campaign committee of an endorsed candidate are to be treated as transactions of the party that endorsed the candidate. Therefore, if a donation were received by a campaign director of a party’s endorsed candidate it is likely that the disclosure obligation would fall to the party. Where the sum involved was less than $1500 per donor no detailed disclosure would have been required by the recipient.

Complaint by ALP re Lindsay by-election, 1996

The AEC confirms that, in late 1996, the ALP complained of a possible breach of section 326 of the Electoral Act by former Liberal Senator Bob Woods, on the basis of allegations made by Mr John Tingle of the Shooters Party in relation to the 1996 Lindsay by-election.

The AEC referred the complaint to the DPP on 23 January 1997 for advice on whether a breach of section 326 of the Electoral Act was indicated.

On 31 January 1997 the DPP advised the AEC that:

• the material provided largely amounted to information that was second hand;
• there was no evidence from the person who was allegedly bribed, or from Senator Woods;
• the allegation by Mr Tingle was not based on direct evidence but on an inference from a conversation.

On this basis, the DPP concluded that the alleged facts did not suggest that there was sufficient potential for a prosecution for a criminal offence to be brought, or that the matter should be referred to the AFP for investigation. Accordingly, the AEC decided not to pursue the matter any further and advised the ALP to this effect on 6 February 1997.

Mark Cunliffe
Acting Electoral Commissioner
29 November 2000

Media enquiries:

Anthea Wilson, Acting Director Information Phone: 02 6271 4415