Independent Candidate Advisory Network (ICAN) disclosure obligation

Updated: 23 December 2010

This advice sets out the Australian Electoral Commission's (AEC's) conclusions in relation to the matters described below.

The matter:

Whether the Independent Candidate Advisory Network (ICAN) has a disclosure obligation.

When matter raised:

Senator Nash first raised the matter in Senate Estimate hearings on 20 October 2006.

Legislation:

Part XX of the Commonwealth Electoral Act 1918.

AEC process:

This enquiry has taken 19 months to complete.

Senator Nash raised a number of questions on notice during the Senate Estimates hearing of October 2006 about independent parliamentarians who cooperate in groups, in particular, to determine the disclosure obligations of ICAN and what the political status of ICAN is.

The AEC recently concluded a review into ICAN and could not find any evidence that a disclosure obligation existed for ICAN. The AEC have not ascertained that ICAN have a political status as they have made no attempt to register as a political party and there is no evidence to indicate they have a reporting obligation as having incurred electoral expenditure as a third party or received any donations.

AEC conclusion

After reviewing the available information the AEC could not find any evidence that a disclosure obligation existed for ICAN.

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