SCHEDULE 2Prescribed Offences, Restrictions and Requirements
PART 1Prescribed Offences
Provision creating offence | Offence |
---|---|
section 24(8)11 | registration as treasurer where convicted of certain offences |
section 43(7) | failure to deliver statement relating to auditor’s resignation etc. |
section 47(1)(a)12 | failure to deliver proper statement of accounts |
section 47(1)(b) | failure to deliver accounts within time limits |
section 54(7) | failure to provide information about donors |
section 56(3), (3B) or (4)13 | failure to return donations |
section 65(3)14 | failure to deliver donation reports to Commission within time limits |
section 65(4) | failure to comply with requirements for recording donations in donation report |
section 71L(1)15 | registered party entering into regulated transaction with unauthorised participant |
section 71L(2) | treasurer of party entering into regulated transaction with unauthorised participant |
section 71L(3) | party liable if treasurer fails to repay money obtained under regulated transaction with unauthorised participant |
section 71L(4) | treasurer failing to repay money obtained under regulated transaction with unauthorised participant |
section 71L(5) | party benefiting from connected transaction to which an unauthorised participant is a party |
section 71L(6) | treasurer of registered party which benefits from connected transaction to which an unauthorised participant is a party |
section 71L(7) | party liable if treasurer fails to repay benefit obtained in consequence of security given by unauthorised participant |
section 71L(8) | treasurer failing to repay benefit obtained in consequence of security given by unauthorised participant |
section 71S(4)16 | failure to deliver transaction reports to Commission within time limits |
section 71S(5) | failure to comply with requirements for recording transactions in transaction report |
section 74(4) | acceptance by ineligible person of office of deputy treasurer |
section 75(2) | incurring campaign expenditure without authority |
section 76(4)(a) | making payments in respect of campaign expenditure without authority |
section 76(4)(b) | failure to notify treasurer of payments in respect of campaign expenditure |
section 77(3)(a) | paying claim in respect of campaign expenditure where failure to comply with procedure |
section 77(3)(b) | paying claim in respect of campaign expenditure outside specified time period |
section 79(2) | exceeding limits on campaign expenditure |
section 82(4)(a) | failure of treasurer to deliver return and auditor’s report to Commission |
section 82(4)(b) | failure to comply with requirements for returns |
section 82(4)(c) | failure of treasurer to deliver return and court order to Commission |
section 83(3)(b) | failure to deliver signed declaration with return to Commission |
section 90(2) | incurring controlled expenditure without authority |
section 91(4)(a) | making payments in respect of controlled expenditure without authority |
section 91(4)(b) | failure to notify responsible person of payments in respect of controlled expenditure |
section 92(3)(a) | paying claim in respect of controlled expenditure where failure to comply with procedure |
section 92(3)(b) | paying claim in respect of controlled expenditure outside specified time period |
section 94(2) or (4) | exceeding limits on controlled expenditure |
section 98(4)(a) | failure of responsible person to deliver return and auditor’s report to Commission |
section 98(4)(b) | failure to comply with requirements for returns |
section 98(4)(c) | failure to deliver return and court order to Commission |
section 99(4)(b) | failure to deliver signed declaration with return to Commission |
section 113(2) | incurring referendum expenses without authority |
section 114(4)(a) | making payments in respect of referendum expenses without authority |
section 114(4)(b) | failure to notify responsible person of payments in respect of referendum expenses |
section 115(3)(a) | paying claim in respect of referendum expenses where failure to comply with procedure |
section 115(3)(b) | paying claim in respect of referendum expenses outside specified time period |
section 117(2) | individual (other than permitted participant) exceeding limits on referendum expenses |
section 117(3) or (4) | body (other than permitted participant) exceeding limits on referendum expenses |
section 118(2) | permitted participant exceeding limits on referendum expenses |
section 122(4)(a) | failure to deliver return and auditor’s report to Commission |
section 122(4)(b) | failure to comply with requirements for returns |
section 122(4)(c) | failure to deliver return and court order to Commission |
section 123(4)(b) | failure to deliver signed declaration with return to Commission |
section 126(8) and (9) | printing or publishing referendum material without details of printer or publisher |
section 143(8) or (9) | printing or publishing election material without details of printer or publisher |
section 148(2)(a) | failure to supply relevant person with information |
paragraph 1B of Schedule 717 | failure by members association to comply with requirement to appoint responsible person |
paragraph 6(5) of Schedule 7 | failure to provide information about donors |
paragraph 12(1) of Schedule 718 | failure to deliver donation report to Commission within time limit |
paragraph 12(2) of Schedule 7 | failure to comply with requirements for recording donations in donation reports |
paragraph 8(3) of Schedule 7A19 | individual regulated participant failing to repay money obtained under controlled transaction with unauthorised participant |
paragraph 8(4) of Schedule 7A | responsible person failing to repay money obtained by members association under controlled transaction with unauthorised participant |
paragraph 8(7) of Schedule 7A | individual regulated participant failing to repay value of benefit obtained in consequence of connected transaction involving unauthorised participant |
paragraph 8(8) of Schedule 7A | responsible person failing to repay value of benefit obtained by members association in consequence of connected transaction involving unauthorised participant |
paragraph 12(1) of Schedule 7A | failure to deliver transaction report to Commission within time limit |
paragraph 12(2) of Schedule 7A | failure to comply with requirements for recording transactions on transaction reports |
paragraph 6(7) of Schedule 11 | failure to provide information about donors |
paragraph 6(8) of Schedule 15 | failure to provide information about donors |
paragraph 6(1) of Schedule 19A20 | failure to give notification or report within specified period |
paragraph 6(2) of Schedule 19A | giving notification or report that fails to comply with requirements of that Schedule |
paragraph 13(1) of Schedule 19B21 | failure to comply with investigation requirement |
PART 2Prescribed Restrictions and Requirements
Provision containing restriction or requirement | Restriction or requirement |
---|---|
section 31(1) or (3A)22 | notification required to be given by the treasurer of a registered party |
section 34(3)23 | requirement to submit annual notification of minor party details on time |
section 41(1) | requirement to keep accounts |
section 41(4) or (5) | requirement to maintain accounts for six years |
section 74(6) | requirement for the treasurer to notify the Commission of change of details |
paragraph 4(1) and (3) of Schedule 6 | requirement to give details of the nature and value of a non-cash donation |
PART 3Prescribed restrictions or requirements for which party or organisation may be liable for actions of an office holder or responsible person
Provision containing restriction or requirement | Restriction or requirement |
---|---|
section 31(1) or (3A) | notification required to be given by the treasurer of a registered party |
section 34(3) | requirement to submit annual notification of minor party details on time |
section 41(1) | requirement to keep accounts |
section 41(4) or (5) | requirement to maintain accounts for six years |
section 45(1) or (2)24 | requirement to deliver any statement of accounts, notification or auditor’s report relating to a registered party or any accounting unit of such a party; |
section 65(1) or (2) | requirement to deliver any donation report relating to a registered party |
section 74(6) | requirement for the treasurer to notify the Commission of change of details |
section 82(1), (2) or (3) | requirement in relation to any return or auditor’s report relating to a registered party |
section 98(1), (2) or (3) | requirement in relation to any return or auditor’s report relating to a recognised third party |
section 122(1), (2) or (3) | requirement in relation to any return or auditor’s report relating to a permitted participant |
paragraph 4(1) and (3) of Schedule 6 | requirement in relation to any requirement to give details of the nature and value of a non-cash donation |