Commentary on Sections Regulation of loans Section 71S Submission of transaction reports to Commission
359.Section 71S requires a transaction report to be delivered to the Electoral Commission by the treasurer of the party within 30 days beginning with the end of the reporting period to which it relates.
360.Subsections (4) and (5) create offences where the treasurer fails to submit the report on time, or does not comply with the requirements for recording transactions. It is a defence (in subsection (6) ) for the treasurer to prove that he took all reasonable steps and exercised all due diligence to ensure that any requirements were complied with during the relevant period.
361.Where there is failure to comply with the reporting requirements, subsections (7) and (8) permit the Electoral Commission to apply to the court, for an order to restore the parties to the position that they would have been in if the transaction had not been entered into. It is necessary to show an intention by a person to conceal the existence or value of the transaction, before such an order can be made.