Part 14Campaign donations

Part 14—Campaign donations Division 1—Returns 80—Preliminary (1) For the purposes of this Part— (a) 2 or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period (within the meaning of section 81A) or special disclosure period (within the meaning of section 81) are to be treated as 1 gift; and (b) a gift made to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election. (2) A return under this Division must be in the form determined by the returning officer and completed and furnished in the manner determined by the returning officer. 81—Special returns for gifts during certain period (1) If a candidate for election to an office of a council receives a gift from a person during the special disclosure period, the candidate must furnish a return to the returning officer in accordance with the requirements of this Part. (2) A return under subsection (1) must be furnished by a candidate— (a) in the case of a gift received during the special disclosure period before the candidate announced that they would be a candidate in the election or nominated as a candidate (as the case may be)—within 5 days after the announcement or nomination (as the case requires); or (b) in any other case—within 5 days of receipt of the gift. (3) A return under subsection (1) must set out— (a) the amount or value of the gift; and (b) the date on which the gift was made; and (i) if the gift was made on behalf of the members of an unincorporated association— (A) the name of the association; and (B) the names and addresses of the members of the executive committee (however described) of the association; or (ii) if the gift was purportedly made out of a trust fund or out of the funds of a foundation— (A) the names and addresses of the trustees of the fund or of the funds of the foundation; and (B) the title or other description of the trust fund or the name of the foundation, as the case requires; or (iii) in any other case—the name and address of the person who made the gift. (4) A return under subsection (1) is not required in respect of— (a) a private gift made to the candidate; or (b) a gift if the amount or value of the gift is less than $500. special disclosure period, in relation to a candidate in an election, means the period— (a) commencing on the earlier of the following: (i) the day that is 4 months before the day on which the person announced that they would be a candidate in the election; (ii) the day that is 4 months before the day on which the person's nomination as a candidate was lodged with the returning officer; and (b) ending on polling day for the election. 81A—Return for all gifts received during disclosure period (1) A candidate for election to an office of a council must furnish a return to the returning officer in accordance with the requirements of this Part setting out— (a) the total amount or value of all gifts received by the candidate during the disclosure period; and (b) the number of persons who made those gifts; and (c) the amount or value of each gift; and (d) the date on which each gift was made; and (e) in the case of each gift made on behalf of the members of an unincorporated association— (i) the name of the association; and (ii) the names and addresses of the members of the executive committee (however described) of the association; and (f) in the case of each gift purportedly made out of a trust fund or out of the funds of a foundation— (i) the names and addresses of the trustees of the fund or of the funds of the foundation; and (ii) the title or other description of the trust fund or the name of the foundation, as the case requires; and (g) in the case of each other gift—the name and address of the person who made the gift. (2) A return under subsection (1) must be furnished by a candidate within 7 days after the end of the disclosure period to which the return relates. (3) A return under subsection (1) need not set out any details required by that subsection in respect of— (a) a private gift made to the candidate; or (b) a gift if the amount or value of the gift is less than $500. (4) If no details are required to be included in a return under this section for a candidate, the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received. disclosure period, in relation to a candidate in an election, means the period— (a) commencing on the earlier of the following: (i) the day that is 4 months before the day on which the person announced that they would be a candidate in the election; (ii) the day that is 4 months before the day on which the person's nomination as a candidate was lodged with the returning officer; and (b) ending 21 days after polling day for the election. 81B—Certain campaign arrangements or understandings to be disclosed (1) If 2 or more candidates in an election or elections in the area of a council enter into an arrangement or understanding to do either or both of the following: (a) to incur expenditure jointly on electoral material relating to the election or elections; (b) to keep gifts of money received in relation to the election or elections in the same account, each candidate must, within 1 business day of entering into the arrangement or understanding, give notice of it to the returning officer. (2) A notice under subsection (1) must state the names of the candidates who have entered into the arrangement or understanding and comply with any requirements of the returning officer. (3) The returning officer must, as soon as is reasonably practicable after receiving a notice under subsection (1), ensure that the notice is published in a prominent location on a website determined by the returning officer until 30 days after polling day for the relevant election or elections. 82—Certain gifts not to be received (1) It is unlawful for a member of a council to receive a gift made to or for the benefit of the member the amount or value of which is not less than $500 unless— (a) the name and address of the person making the gift are known to the member; or (b) at the time when the gift is made, the person making the gift gives to the member his or her name and address and the member has no grounds to believe that the name and address so given are not the true name and address of the person making the gift. (2) It is unlawful for a candidate in an election or a person acting on behalf of a candidate in an election to receive a gift made to or for the benefit of the candidate the amount or value of which is not less than $500 unless— (a) the name and address of the person making the gift are known to the person receiving the gift; or (b) at the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift. (3) For the purposes of this section— (a) a reference to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association; (b) a reference to the name and address of a person making a gift is— (i) in the case of a gift made on behalf of the members of an unincorporated association—a reference to— (A) the name of the association; and (B) the names and addresses of the members of the executive committee (however described) of the association; and (ii) in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to— (A) the names and addresses of the trustees of the fund or of the funds of the foundation; and (B) the title or other description of the trust fund or the name of the foundation, as the case requires; (c) a person who is a candidate in an election is to be taken to remain a candidate for 30 days after the polling day for the election; (d) a reference to a candidate in an election includes a reference to a person who is already a member of the council. (4) If a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against the person. 83—Inability to complete return If a person who is required to furnish a return under this Division considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may— (a) prepare the return to the extent that it is possible to do so without those particulars; and (b) furnish the return so prepared; and (c) give to the returning officer notice in writing— (i) identifying the return; and (ii) stating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and (iii) identifying those particulars; and (iv) setting out the reasons why he or she is unable to obtain those particulars; and (v) if the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person, and a person who complies with this section is not, by reason of the omission of those particulars, to be taken, for the purposes of this Division, to have furnished a return that is incomplete. 84—Amendment of return (1) A person who has furnished a return under this Division may request the permission of the returning officer to make a specified amendment of the return for the purpose of correcting an error or omission. (2) A request under subsection (1) must— (a) be by notice in writing signed by the person making the request; and (b) be lodged with the returning officer. (a) a request has been made under subsection (1); and (b) the returning officer is satisfied that there is an error in, or omission from, the return to which the request relates, the returning officer must amend the return, or permit the person making the request to amend the return, in accordance with the request. (4) The amendment of a return under this section does not affect the liability of a person to be convicted of an offence arising out of the furnishing of the return. 85—Offences (1) A person who fails to furnish a return that the person is required to furnish under this Division within the time required by this Division is guilty of an offence. (2) A person who furnishes a return or other information— (a) that the person is required to furnish under this Division; and (b) that contains a statement that is, to the knowledge of the person, false or misleading in a material particular, (3) A person who furnishes to another person who is required to furnish a return under this Division information— (a) that the person knows is required for the purposes of that return; and (b) that is, to that person's knowledge, false or misleading in a material particular, (4) An allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary. 86—Failure to comply with Division (1) If a person who is required to furnish a return under section 81A fails to submit the return within the time required by that section, the returning officer must as soon as practicable notify the person of that fact. (2) A notification under subsection (1) must be given by letter sent to the person by registered mail. (2a) If a notification under subsection (1) is sent to a member of a council and the return to which the notification relates has not been furnished to the returning officer within 1 month after the time within which it was required to be furnished under this Division, the returning officer must send a copy of the notification to the chief executive officer of the council (in such manner as the returning officer thinks fit). (3) A failure of a person to comply with a provision of this Division in relation to an election does not invalidate that election. Division 2—Public access to information 87—Public inspection of returns (1) The returning officer must keep at their principal office each return furnished to the returning officer under Division 1. (2) The returning officer must— (a) in the case of a return under section 81—within 5 days after the return is received by the returning officer; and (b) in the case of return under section 81A—within 8 weeks after the return is received by the returning officer, make a copy of each return available on a website maintained by the returning officer. (5) The returning officer is only required to keep a return under this section for a period of 4 years following the election to which the return relates. 88—Restrictions on publication (1) A person must not publish— (a) information derived from a return under Division 1 unless the information constitutes a fair and accurate summary of the information contained in the return and is published in the public interest; or (b) comment on the facts set forth in a return under Division 1 unless the comment is fair and published in the public interest and without malice. (2) If information or comment is published by a person in contravention of subsection (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence. Division 3—Related matters 89—Requirement to keep proper records (1) A person must take reasonable steps to keep in his or her possession all records relevant to completing a return under this Part. (2) A person must keep a record under subsection (1) for at least 4 years after the date on which the relevant return is required to be furnished to the returning officer under this Part. 90—Related matters (1) For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations. (2) For the purposes of this Part— (a) a body corporate and any other body corporate that is related to the first-mentioned body corporate is to be taken to be the same person; and (b) the question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Law. (3) For the purposes of this Part, an act performed by a person or committee appointed or formed to assist the campaign of a candidate in an election will be taken to be an act performed by the candidate.