Dated: 28 May 2009

Decision Number: 2009-29

Subject: On 18 May 2009 the Labour Party filed an amended annual return of donations for the 2007 year. The 2007 donation returns were required to be filed by 30 April 2008.

Findings and Determination: A donation made to the Labour Party in the 2007 year was not included in the Labour Party’s annual return of donations for 2007. No offence committed as the Party Secretary did not fail to keep proper records, had no intention to file a false return and took all reasonable steps to ensure it was accurate. Although the 2007 return was materially false, no offence committed under section 214G(3) or 214G(4) of the Electoral Act 1993 as the Party Secretary did not fail to keep proper records, had no intention to mis-state or conceal the facts, and took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

This headnote does not form part of the decision available under Downloads, at right.