ELECTORAL ACT 1992 - SECT 230 Annual returns by parties and MLAs

ELECTORAL ACT 1992 - SECT 230

    (1)     The reporting agent of a party or MLA must, not later than 31 August after the end of each financial year, give the commissioner a return.

Note 1     If a form is approved under s 340A (Approved forms) for a return, the form must be used.

Note 2     For how a return may be given, see Legislation Act 2001

, pt 19.5.

    (2)     However, the return may be the audited annual accounts of the party or MLA in a form approved by the commissioner.

    (3)     The approval is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001

.

    (4)     The return must state—

        (a)     the amount received by, or on behalf of, the party or MLA during the financial year, together with the particulars required by section 232 (1) (Amounts received); and

        (b)     the amount paid by, or on behalf of, the party or MLA during the financial year; and

        (c)     the outstanding amount, at the end of the financial year, of debts claimed against or incurred by, or on behalf of, the party or MLA, together with the particulars required by section 234 (1) (Outstanding amounts).

    (5)     For subsection (4) (a), an amount is received by, or on behalf of, an MLA only if the amount is a gift received by the MLA in their capacity as an MLA or a Minister.

Examples of amounts not required to be stated in a return

1     Income derived in a private capacity eg interest on bank accounts and dividends on shares.

2     Salary, allowances and other benefits (including superannuation benefits) as an MLA or a Minister.

3     A gift given to the MLA in a private capacity for their personal use eg a birthday gift from a family member.

    (6)     For subsection (4) (b) or (c), an amount paid, or an outstanding amount of debts incurred, by or on behalf of an MLA includes an amount paid, or an outstanding amount of debts incurred, by or on behalf of the MLA for a purpose that relates solely or substantially to their position as MLA on electoral expenditure.

    (7)     However, subsection (4) (b) or (c) does not require disclosure of any amount paid, or to be paid, by or on behalf of an MLA using funds provided by the Legislative Assembly to assist the MLA in exercising their functions as an MLA.

    (8)     A return under this section must not include a list of the members of a party.

    (9)     If the registration of a party is cancelled during a financial year, this section applies to the party in relation to the year as if a reference to the reporting agent of the party were a reference to the person who was the reporting agent of the party immediately before the cancellation.

    (10)     If a person ceases to be an MLA during a financial year, this section applies to the person in relation to the year as if the person were the reporting agent.