Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 15/2001 by Rachel Callinan
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This paper examines three areas of election finance law. First, the public
funding of election campaigns. Second, the obligation on political parties,
candidates and others to disclose the source of donations and third, the
regulation of election expenditure: expenditure limits and disclosure of
expenditure. The eight Australian jurisdictions represent the diversity in
approach to election finance taken by Australian Governments. It ranges from
virtual deregulation in SA and the NT to comprehensive schemes in several
jurisdictions including the Commonwealth and NSW. A comparative table of
Australian jurisdictions is contained in Appendix 1.
Part 1. Election finance law: public funding, donations and
expenditure
In Part One, an overview of the three aspects of election finance is
undertaken. A review of some of the current issues and reform proposals in each
area is also included.
Part 2. New South Wales funding and disclosure scheme
In this Part, NSW election finance law is examined in detail: the public
funding scheme (2.2), and the disclosure scheme that includes disclosure of
both donations (2.3) and election expenditure (2.4). The Part commences with an
examination of the development of the NSW funding and disclosure scheme
(2.1).
Part 3. Federal funding and disclosure scheme
In Part Three, Federal election finance law is examined in similar detail to
the NSW law. The public funding scheme (3.1), and the disclosure scheme that
incorporates disclosure of donations (3.2) election expenditure (3.3) are
examined, as well as the requirement for political parties and associated
entities to file annual returns (3.4).
Part 4. Other Australian Jurisdictions
In Part Four, an overview of election finance law in the remaining Australian
jurisdictions is undertaken. The schemes in Queensland (4.1) and the ACT (4.6)
closely mirror the Federal scheme, incorporating public funding and disclosure
of donations and expenditure. Western Australian (4.5) election finance law
includes disclosure of donations and election expenditure. In Tasmania (4.3)
and Victoria (4.4) only election expenditure is regulated. In SA (4.2) and the
NT (4.7) the election finance issues examined in this paper are unregulated,
although the South Australian Parliament is currently considering the
introduction of a disclosure scheme.
Part 5. Overseas Comparisons
Election finance law in three countries is examined by way of comparison in
Part 5. Those countries are New Zealand (5.1), the United Kingdom (5.2), and
the United States of America (5.3). While some of the aspects of election
finance law are similar to schemes found in Australia, there are also many
differences.
Conclusion
The concluding remarks note the diversity in election finance law in Australia
and overseas. Also noted is the constant need for reform of disclosure
legislation to keep pace with the discovery and abuse of loopholes.