This advice sets out the AEC's conclusion in relation to the matter described below:
Whether a donor disclosure return needs to be lodged by The Hon Tony Abbott MP under the provisions of s 305B(2) of the Commonwealth Electoral Act 1918 (the Act) in respect of a payment(s) allegedly made to Mr Terry Sharples.
30 May 2002.
Questions from Senator Faulkner at Senate Estimates hearings on 30 May 2002.
Part XX of the Commonwealth Electoral Act 1918, s 305B(2). Broadly, s 305B(2) requires a person to disclose to the AEC when that person has made a gift (donation) to any person or organisation with the intention of benefitting a registered political party.
The AEC reviewed information available to it and sought legal advice.
The AEC has no evidence that any payment has, in fact, been made to Mr Sharples that would require disclosure as a gift (donation) to a registered political party. Accordingly, the AEC is of the view that Mr Abbott is not required to lodge a disclosure return in respect of any payment made to Mr Terry Sharples.
Date: 15 July 2004