This advice sets out the Australian Electoral Commission's (AEC's) conclusions in relation to the matter described below.
Whether there was any failure to disclose the donation of the use of a Mazda utility by the Member for Griffith (The Hon. Kevin Rudd MP).
On Thursday, 4 June 2009 in an interview on the 'ABC Online' a comment was made by the Prime Minister, concerning the use of a one tonne Mazda utility motor vehicle for the purposes of a mobile office.
Part XX of the Commonwealth Electoral Act 1918 (the Act).
Section 314AB of the Act requires that the agent of the party must submit a return on which must be set out the total amount received, the total amount paid during the financial year and the total outstanding amount as at the end of the financial year.
Section 304 requires candidates in a federal election to disclose donations received in their capacity as a candidate or that they used solely or substantially for a purpose related to an election.
Sections 305A and 305B respectively require donors whose donations to a candidate or a registered political party total above a threshold to lodge disclosure returns detailing those donations.
This inquiry has taken 8 months to complete.
For this matter, the AEC corresponded with: Mr John Grant, Dealer Principal of Ipswich Central Motors; and Mr Robert Farla, Accountant of the Australian Labor Party (State of Queensland).
The donation was not received on behalf of the Australian Labor Party (State of Queensland). It was a gift to the Member of Griffith (The Hon. Mr Kevin Rudd MP) for his use as a Member of Parliament. The assessed value of the donation in each of the disclosure periods in question, was below the indexed disclosure threshold, therefore no detailed disclosure would have been required. There is no obligation under the Commonwealth Electoral Act 1918 for the disclosure of donations received by persons in their capacity as Members of Parliament.
Date: 1 February 2010