Amendments to the Commonwealth Electoral Act 1918, that commenced on 1 December 2020, have had an effect of limiting the operation of the ACT’s funding and disclosure scheme, as legislated for by the ACT Legislative Assembly.  The effect of the Commonwealth Electoral Act amendments mean that, for a gift or gifts that have been provided to an ACT registered political party that also has registration at the federal level (dual registration), and that have been deposited into a specifically designated federal election account by the political party, the party is not required under Territory law to disclose the gift particulars to the ACT Electoral Commission.  Similarly, it also means that for a gift or gifts that have been deposited into a federal account by an associated entity of an ACT registered political party with dual registration, the associated entity is not required under Territory law to disclose the gift particulars to the ACT Electoral Commission.

In addition, the effect of the Commonwealth Electoral Act 1918 amendments mean that the ban on donations by a property developer, or a close associate of a property developer, or a person on behalf of a property developer (collectively known as prohibited donors) giving gifts to an ACT registered political party with dual registration or an associated entity of an ACT registered political party with dual registration, or their acceptance by those same political entities, do not apply under the ACT’s Electoral Act 1992:

• to prohibited donors, if the donor expressly gives the donation for a federal purpose; or
• to a political party, or an associated entity of a political party, if the political party, or associated entity of a political party, respectively, deposits the gift of money, in a specifically designated federal account, or, if the gift is not money, keeps the gift for federal purposes and uses it only for federal purposes.

It is however, important that ACT political parties and associated entities continue to comply with the ACT’s disclosure scheme, where they keep or identify the gift separately in order for it to be used only for a Territory electoral purpose, it has been donated with the express designation that it be used for Territory electoral purposes, or no designation was made when the gift was donated and it has not been deposited in a federal account or kept separately for federal purposes.

It is the Electoral Commission’s view, having reviewed the various pieces of legislation, that:

• all candidates contesting the election;
• ACT registered political parties that do not have registration at the federal level;
• third-party campaigners; and
• associated entities of ACT registered political parties that are not also registered at the federal level

each still have full unimpacted disclosure obligations under the ACT Electoral Act and are required to disclose gifts in compliance with the obligations detailed within the Election funding, expenditure and financial disclosure handbook, available from the Elections ACT website or the Elections ACT office.

Notwithstanding the effect of the Commonwealth changes as described above, this website is intended to provide ACT political parties and their candidates, non-party candidates, MLAs, associated entities and third-party campaigners, with information on the disclosure requirements outlined within the ACT’s Electoral Act.