Matthew Guy’s former chief of staff Mitch Catlin.

Matthew Guy’s former chief of staff Mitch Catlin.Credit:Jesse Marlow

Catlin resigned afterThe Age revealed details of the proposed contract,which was never executed.

In a statement provided toThe Age this week,the commission suggested getting factual evidence about the contract had been a time-consuming and legally delicate process. It warned it would not “compromise its processes or rush to end an investigation”.

“Based on the investigation to date,the Victorian Electoral Commission acknowledges that the matter will not be resolved prior to the state election,” the statement said.

It said information it gathered often prompted the need to seek further information,usually through further written notices.

Victorian Opposition Leader Matthew Guy was asked to hand over documents for the investigation in August.

Victorian Opposition Leader Matthew Guy was asked to hand over documents for the investigation in August.Credit:Jason South

“Investigations must search for factual evidence that is admissible in a court of law,” the statement said. “For these reasons,the VEC must not compromise its processes or rush to end an investigation.”

The commission has been investigating the issue for about three months. The scandal wasrevealed byThe Age on August 2,andon August 12,Guy confirmed he had been ordered by the commission to hand over emails and any other documentation relevant to the investigation.

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The Victorian electoral commissioner has the power under the Electoral Act to force people to hand over documents and to attend interviews with inspectors. Failure to comply with an electoral commission notice is an offence punishable by up to $37,000 in fines.

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In its statement,the commission said it “makes no allegation of an offence at this stage and will not risk prejudicing the investigation by making further comment”.

The commission has also recently conceded a second investigation involving the Liberal Party,this one examining the party’s lucrative “Ditch Dan” fundraising event held in August,has also been delayed until after the state election on November 26.

The slick fundraising push,which raised well over $500,000 for the Opposition’s election campaign,prompted the commission to launch an investigation into whether the Liberal Party breached electoral laws by failing to disclose within the mandatory 21 days a slew of donations collected.

Under the state’s electoral donation laws,spruiked by the government as the toughest in the country,individuals and political parties who make or receive donations of $1080 or more must disclose it to the electoral commission within 21 days.

In addition,donations of $1080 or more cannot be anonymous and donors cannot donate more than $4320 in any four-year period between elections.

Knowingly making or accepting an unlawful political donation is an offence carrying a fine of up to $50,000 and/or a two-year prison sentence for each breach. The donation would also be forfeited and any public money the recipient may be entitled to could also be reduced.

The Age also last month revealed the Victorian Liberal Party’s in-house lawyer,Chandra Lloyd,resigned,partly over concerns the party had failed to comply with electoral laws in relation to the “Ditch Dan” campaign.

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