Media Release 2007: Kirribilli House function hosted by the Prime Minister

21 June 2007

The Australian Electoral Commission (AEC) has considered whether or not a function hosted by the Prime Minister at Kirribilli House on 1 June 2007 attracts a potential disclosure obligation under the Commonwealth Electoral Act 1918 (the Act).

On Thursday 14 June 2007, the AEC sought advice from the Australian Government Solicitor (AGS). Following receipt of that advice, the AEC issued a media statement "that on the facts available the provision of Kirribilli House as a venue for a function is neither a disposition of property nor the provision of a service, and consequently, is not a gift required to be disclosed under the Act."

After issuing the media statement, the AEC received two further legal opinions that had been obtained by the Shadow Special Minister of State, Mr Alan Griffin MP and Senator Bob Brown together with their requests to reconsider the matter.

Following this, the AEC sought further advice from Mr Stephen Gageler SC, of the Sydney Bar. Mr Gageler was provided with copies of all legal advice obtained and received by the AEC.

Mr Gageler SC has provided advice to the AEC that is in line with the original AGS advice to the AEC on this matter, namely, that the provision of Kirribilli House as a venue for the function in question is not a gift under Section 287 of the Act.

Following receipt of Mr Gageler's advice, the AEC remains of the view as set out above – ie that there was no gift to the Liberal Party for the purposes of the Act.

Contact:
Phil Diak
Director, Media
Australian Electoral Commission
02 6271 4415 (bus hours)
0413 452 539 (after hours)