Compliance and enforcement

Updated: 17 May 2023

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Compliance program - financial disclosure

The AEC undertakes a regular program of compliance reviews that examines a sample of disclosure returns lodged with the AEC.

The AEC can also carry out investigations relating to potential breaches of financial disclosure requirements based on information provided to the AEC or in the public domain.

These reviews and investigations are initiated through the issue of a formal notice by the AEC. A formal notice requires a person to provide documents and other evidence, however the AEC may also request other information not listed in the notice.

There is a legal obligation to comply with a notice issued under section 316 of the Electoral Act.

Further details about the compliance review process:

Compliance program - referendum disclosure

The Referendum (Machinery Provisions) Act 1984 (Referendum Act) allows the AEC to undertake a program of compliance reviews that examine a sample of referendum disclosure returns lodged with the AEC, as well as an investigation program.

Similar to the compliance and enforcement program for financial disclosure, these reviews and investigations are initiated when a formal notice is issued by the AEC.

There is a legal obligation to comply with a notice issued under section 109N of the Referendum Act.

Financial disclosure compliance and enforcement policy

The purpose of the Financial disclosure compliance and enforcement policy is to:

  • set out the approach the AEC takes to support compliance with the disclosure scheme; and
  • outline enforcement actions.

Reporting

The AEC publishes information about its compliance activities in its annual report which is provided to the Minister responsible for electoral matters after each financial year.

Enforceable undertakings are published:

Further information