This advice sets out the AEC's conclusion in relation to the matters described below:
Whether the Fair Go Alliance is an associated entity.
1 September 2003
Complaint received from an individual.
Divisions 1 and 5A, Part XX of the Commonwealth Electoral Act 1918 (the Act)
The AEC reviewed information provided by the complainant, media reports and the disclosure returns lodged, in light of the requirements of the Act. The AEC sought and obtained further information from relevant people. Information indicated that the Fair Go Alliance had paid for advertising relating to ALP NSW State election campaigns and donated money to ALP NSW candidates standing at NSW State and federal elections.
After reviewing the information obtained, the AEC has concluded that the Fair Go Alliance is not an associated entity. The AEC is unable to establish a sufficiently direct link between the activities of the Fair Go Alliance, any benefits arising from those activities and the ALP NSW to determine that it is an associated entity. The test in establishing a flow of benefit is one of actual effect not intention.
Date: 21 April 2005