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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4024 ..

MR HUMPHRIES (Attorney-General) (8.38): I have some nervousness about theseamendments. There is a very heavy penalty imposed for a party or an Independent MLA receiving a donation of a certain sort described in that amendment which does not - - -

Mr Moore: It is $1,500 or $200.

MR HUMPHRIES: Yes, that is right; of that kind, if there is not appropriate disclosure to that person of their obligations under the Electoral Act. I am not entirely sure it is the obligation of the political parties or Independent MLAs who might receive money in these circumstances to do the work of the Electoral Commissioner in indicating obligations under the Electoral Act. There is also the concern that, in theory, it is possible for donations to be made at party fundraising functions, where large sums of money can be handed over, put into a hat or whatever, a bid on a Dutch auction or something like that, which - - -

Mr Moore: What, $1,500?

MR HUMPHRIES: It is possible that, over a series of those occasions maybe leading up to an election campaign where someone comes along to lots of those functions, the money could be handed over. Receipts, of course, are not issued in those circumstances. Someone might be in the position of breaching that legislation, and more particularly the party would be in the position of breaching the legislation. But I concede that it is not likely.

Mr Speaker, the Liberal Party will support these amendments. But I just indicate my slight nervousness about them. It is an obligation on parties and Independent MLAs to convey information to people who make donations. Clearly, the easiest way of satisfying that requirement is to have wording of some sort on receipts issued by the party; and, if parties and Independent MLAs can organise their affairs so as to have those receipts available, then obviously that overcomes that difficulty, at least as far as I can see at this point. I simply indicate that I am slightly nervous about the obligation being placed on parties and I will watch the operation of these provisions over the next few years and see how they impact. I hope they result in some measure of better understanding by donors of their obligations. I am sure there are lots of people out there who do not understand their obligations to complete returns under the Electoral Act. Perhaps it is timely and appropriate to be able to remind them of that through a device like this. With some slight trepidation, I indicate that we will support these amendments.

MR WHITECROSS (Leader of the Opposition) (8.41): The Labor Party will be supporting these amendments. The kind of procedure described by Mr Moore and by Mr Humphries provides a relatively painless administrative procedure which should give effect to the obligations of parties and individual MLAs under this provision. For that reason, I do not think it is an overly onerous provision. I must say, Mr Speaker, that I am a little bemused by the notion that it is the job of political parties to ensure that other citizens in the community know their obligations under the law and can be subject to 200 penalty unit fines for failing to meet those obligations. But I do believe that, as a practical matter, it should not be an overly difficult matter to comply.

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