South Australian Labor Unity Society Fund (SALUS)

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 SALUS fund is an associated entity as defined in Section 287(1) of the Commonwealth Electoral Act 1918 (the Act).

When matter raised:

An article appeared in Adelaide's 'Sunday Mail' newspaper on the 08/04/2007.

Legislation:

Part XX of the Commonwealth Electoral Act 1918.

There is one section of the Commonwealth Electoral Act 1918 (the Act) relevant to this matter.

Subsection 287(1) of the Electoral Act defines an associated entity as meaning:

  • an entity that is controlled by one or more registered political parties; or
  • an entity that operates wholly, or to a significant extent, for the benefit of one or more registered political parties; or
  • an entity that is a financial member of a registered political party; or
  • an entity on whose behalf another person is a financial member of a registered political party; or
  • an entity that has voting rights in a registered political party; or
  • an entity on whose behalf another person has voting rights in a registered political party.

AEC process:

This inquiry has taken twenty months to complete.

For this matter, the AEC corresponded with: Tung Ngo a member of the fund and Michael Brown, State Secretary of the ALP (SA Branch). The AEC also consulted the fund's bank statements and files of past compliance review conducted on this party branch.

AEC conclusion:

After due investigations, the AEC can find no conclusive evidence to support the conclusion that the SALUS entity falls within the definition of section 287(1).

Date: 12 February 2009

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