DPP Advice on Cash for Preferences Allegations

1 December 2000

As outlined in yesterday's media statement:

On Monday morning, 27 November 2000, the office of the Special Minister of State, Senator Chris Ellison, asked the Australian Electoral Commission (AEC) for comment on an article by Chris Griffith, entitled "Democrats probe donation", published in the Courier Mail newspaper that morning, and on a transcript of an interview broadcast that same morning on radio 4QR in Brisbane.

In accordance with standard practice in relation to allegations of breaches of section 326 of the Commonwealth Electoral Act 1918 (Electoral Act), the AEC referred this material to the Commonwealth Director of Public Prosecutions (DPP) for preliminary advice on whether the offence of electoral bribery might be suggested on the face of the material provided.

At 2.15pm yesterday, the DPP provided the AEC with that preliminary advice. The DPP was unable to draw a concluded view on whether a breach of section 326 might have occurred, without more substantial information than is presently available to the AEC.

Following discussions with the DPP late yesterday, the AEC decided this afternoon that the matter should be referred to the AFP for investigation. This has now been done.

The AEC has formed no concluded view on whether a breach of the Electoral Act has occurred.  It will be for the AFP to investigate the facts, and then for the DPP to advise whether a prosecution should be instituted on the basis of those facts.

As is usual practice the AEC will not be commenting on this matter whilst it is subject to investigation by the AFP.

Andy Becker
Electoral Commissioner
1 December 2000

Media enquiries: 
Anthea Wilson, Acting Director Information        (02) 6271 4411

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