LS5664 ~ file 16/566
Dr Peter Bell
Griffith Criminology Institute
By email to
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Dr Bell
Your Freedom of information request no. LS56664
I refer to your 5 July 2016 11:16 AM to the Australian Electoral Commission (‘AEC’) in which
you request (your ‘FOI Request’) access under the
Freedom of Information Act 1982 (the
‘FOI Act’) access to information about funding sources (and amounts) for One Nation Party
in the 2016 Federal Senate election.
2
I am writing today to acknowledge receipt of your FOI Request and to give you a
decision about access to documents that you requested in your FOI Request.
Summary
3
I, Paul Pirani, Chief Legal Officer of the AEC, am an officer authorised under section
23(1) of the FOI Act to make decisions in relation to FOI requests.
4
Specifically you sought access to:
details relevant to the funding sources (and amounts) of the One Nation Party in the 2016
Federal Election in particular the Senate Candidates running from the One Nation Party
any information relevant to funding received by One Nation from overseas, ie the National
Rifleman's Association (NRA) in the USA and the Sovereign Citizens Association also
based in the USA
5
I identified that there are no documents that fall within the scope of your request. I
explain why below.
6
Accordingly, I have refused your FOI Request.
7
More information, including my reasons for my decision, is set out below.
50 Marcus Clarke St
Locked Bag 4007
Tel 02 6271 4411
www.aec.gov.au
Canberra City 2600
Canberra ACT 2601
Fax 02 6215 9999
ABN 21 133 285 851
DECISION AND REASONS FOR DECISION
Decision
8
With regard to the documents specified in your FOI Request, I found that for the
purposes of subparagraph 24A(1)(b)(ii) of the FOI Act, the documents that you
requested about
(a) the funding sources (and amounts) of the One Nation Party in the 2016 Federal
Election in particular the Senate Candidates running from the One Nation
Party; and
(b) to funding received by One Nation from overseas, ie the National Rifleman's
Association (NRA) in the USA and the Sovereign Citizens Association also
based in the USA
do not exist – information about why they do not exist is given below.
9
Accordingly, I have refused your FOI Request.
Material taken into account
10
I have taken the following material into account in making my decision:
(a) the content of the documents that fall within the scope of the FOI Request;
(b) the
Commonwealth Electoral Act 1918 (the ‘Electoral Act’), specifically sections
(c) the FOI Act, specifically sections 4, 15, 20 and 24A;
(d) the guidelines (‘FOI Guidelines’] issued by the Australian Information
Commissioner under section 93A of the FOI Act, 2.25 – 2.373.80 – 3.84, 3.91
and 3.92;
Reasons
Documents non-existent (s 24A(1)(b)(ii) of the FOI Act)
11
With respect to each limb of the FOI Request, I found that no return from the One
Nation Party has been received by the AEC under:
(a) Section 304 of the Electoral Act for the 2016 federal election; and
(b) section 314AB of the Electoral Act for the financial year ending on 30 June
2016
12
I made the finding because:
(a) the One Nation Party is obliged to provide a return under section 314AB of the
Electoral Act within 16 weeks after the end of the financial year for 2016;
(b) there is a disclosure threshold amount that applies to the disclosures made by
candidates, Senate groups and donors to candidates at the 2 July 2016 federal
election, namely gifts in excess of $13 200;
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(c) as a consequence of the threshold amount the AEC will never receive a
document that discloses all the funding sources and amounts for the One
Nation Party
(d) candidates and Senate groups and donors to candidates are obliged to provide
a return under sections 304 of the Electoral Act within 15 weeks after the
relevant polling day which in the case of the 2016 election was 2 July 2016.
Other matters
13
I draw to your attention that under paragraph 21(1)(c) of the FOI Act, an agency is
able to defer the provision of access to a document.
14
Paragraph 21(1)(c) of the FOI Act provides:
21 Deferment of access
(1)
An agency which, or a Minister who, receives a request may defer the provision of access to
the document concerned:
…
(c) if the premature release of the document concerned would be contrary to the public
interest—until the occurrence of any event after which or the expiration of any period
of time beyond which the release of the document would not be contrary to the public
interest; or
15
Paragraph 21(1)(c) of the FOI Act will apply to documents falling within the scope of
your FOI Request that the AEC receives because 320 of the Electoral Act applies to
such documents.
16
Section 320 of the Electoral Act provides:
320 Inspection and supply of copies of claims and returns
(1)
The Electoral Commission shall keep, at its principal office in Canberra, a copy of:
(a)
each claim under Division 3; and
(b)
each return under Division 4 or 5; and
(c)
each return under Division 5A.
(2)
Any person is entitled to peruse, at the principal office of the Electoral Commission in
Canberra, a copy of a claim or return referred to in subsection (1).
(2A) The Electoral Commission shall, on request, make a copy of a claim or return referred to in
subsection (1) available for inspection by a person at the principal office of the Commission
in the capital city of a State or in Darwin.
(3)
A person is entitled, on payment of a fee determined by the Electoral Commission to cover
the cost of copying, to obtain a copy of a claim or return referred to in subsection (1).
(4)
A person is not entitled under this section to peruse, or obtain a copy of, a return under
Division 4 or 5 (other than section 305B) until after the end of 24 weeks after the polling day
in the election to which the return relates.
(5)
A person is not entitled under this section to peruse, or obtain a copy of:
(a)
a return under section 305B; or
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