Commonwealth Numbered Regulations - Explanatory Statements

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COMMONWEALTH ELECTORAL (ANNUAL RETURNS BY REGISTERED POLITICAL PARTIES)REGULATIONS 1992 NO. 293

Statutory Rules 1992 No. 293

Issued by the authority of the Minister for Administrative Services

Commonwealth Electoral Act 1918

Commonwealth Electoral (Annual Returns by Registered Political Parties) Regulations

Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Part XX of the Act was amended by section 12 of the Commonwealth Electoral Amendment Act 1992, which inserts new Division 5A to provide for annual returns by registered political parties.

Under section 314 of the Act there is now a requirement for the agent of each registered political party to furnish to the Electoral Commission within 20 weeks after the end of each financial year, a return setting out:

(a)        the total amount received by or on behalf of the party during the financial year, together with the details required by section 314AC; and

(b)       the total amount paid by or on behalf of the party during the financial year, together with the details required by section 314AD; and

(c)        the total outstanding amount, as at the end of the financial year, of all debts incurred by or on behalf of the party, together with the details required by section 314AE.

Section 314AG provides that the regulations may require greater detail to be provided in returns than is required by Division 5A and that the regulations may require that the total amounts referred to in section 314AB be broken down in the way specified in the regulations.

The Regulations specify details to be provided for the purposes of paragraph 314AB(a) and 314AB(b). There is no requirement to specify details to be provided for the purposes of paragraph 314AB(c). Details of the outstanding amount of all debts are not required to be broken down.

Subsection 314AA(2) provides that a class of events is taken to be fund-raising events for the purposes of Division 5A if the regulations so provide.

Details of the regulations are as follows.

Regulation 1 provides the citation for the regulations.

Regulation 2 is an interpretation provision.

Regulation 3 defines classes of events which are to be taken to be fund-raising events for the purposes of Division 5A.

Regulation 4 provides for the sub-headings under which amounts received and expenditure incurred by, or on behalf of, registered political parties are to be set out in Annual Returns.

The Regulations commenced on gazettal.