SCHEDULE 2Prescribed Offences, Restrictions and Requirements

PART 1Prescribed Offences

Article 4(1)

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

Article 4(2)

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

Article 4(3)

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