Under s.17(2) of the Commonwealth Electoral Act 1918 (the Act) the Australian Electoral Commission must, as soon as practical after the polling day in a general election and Senate election or a Senate-only election, prepare and furnish to the Minister a report of the operation of Part XX (the election funding and financial disclosure provisions) in relation to that election or elections. Section 17(2A) of the Act obliges any report under s.17(2) to include a list of the names of all persons who, in the opinion of the Australian Electoral Commission, are or may be required to furnish a return under s.305A(1) or (1A) in relation to that election. Persons included in this list are referred to in the Act as 'prescribed persons'.
For the 7 September 2013 federal election a person is required by s.305A(1) to furnish a return where they donated to a candidate or member of a Senate group a sum totalling in excess of the disclosure threshold of $12 400. Registered political parties, state branches of registered political parties, associated entities, candidates and members of Senate groups are exempted from having to furnish this return. Section 305A(1A) requires a person to furnish a return where they donated a sum totalling in excess of the disclosure threshold to a person or organisation specified by legislative instrument by the Australian Electoral Commission. There was no relevant legislative instrument active for the 7 September 2013 federal election and so no disclosure obligation arose under s.205A(1A).
The Australian Electoral Commission has formed the opinion that the following persons are or may be required to furnish a return under s.305A(1) or (1A) in relation to the 7 September 2013 general and half-Senate election:
Australian Services Union – National Office
Creasy, Mark Gareth
Gulf Coast Aviation Pty Ltd
Katter, Mrs S
OGNIS Pty Ltd
Ping Hu Gui
The Hon Peter Heerey AM QC
A/g Electoral Commissioner