sec.117Gifts to candidates

### sec.117 Gifts to candidates Subsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a gift of a value equal to or more than $500. The agent of the candidate must give the electoral commission a return about the gift on or before the disclosure deadline for the return. Each return must— be in the approved form; and state the relevant details for the gift. Also, the agent of a candidate in an election must, within the required period for the election, give the electoral commission a return in the approved form, stating— if the candidate received gifts during the disclosure period— the total value of all gifts received during the disclosure period; and the number of entities that gave the gifts; or otherwise—that no gifts were received during the disclosure period. For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to the candidate by the same entity during the candidate’s disclosure period. The agent of a candidate need not comply with subsection (4) if— the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given. If the electoral commission receives a return under subsection (4) from the agent of a candidate who is successful in an election, the electoral commission must give a copy of the return to the chief executive officer of the local government for which the election was held. This section does not apply in relation to a candidate who is a member of a group of candidates. s 117 amd 2014 No. 44 s 81 ; 2017 No. 12 s 16 ; 2019 No. 30 s 229A ; 2023 No. 8 s 29 (sec.117-ssec.1) Subsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a gift of a value equal to or more than $500. (sec.117-ssec.2) The agent of the candidate must give the electoral commission a return about the gift on or before the disclosure deadline for the return. (sec.117-ssec.3) Each return must— be in the approved form; and state the relevant details for the gift. (sec.117-ssec.4) Also, the agent of a candidate in an election must, within the required period for the election, give the electoral commission a return in the approved form, stating— if the candidate received gifts during the disclosure period— the total value of all gifts received during the disclosure period; and the number of entities that gave the gifts; or otherwise—that no gifts were received during the disclosure period. (sec.117-ssec.5) For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to the candidate by the same entity during the candidate’s disclosure period. (sec.117-ssec.6) The agent of a candidate need not comply with subsection (4) if— the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given. (sec.117-ssec.7) If the electoral commission receives a return under subsection (4) from the agent of a candidate who is successful in an election, the electoral commission must give a copy of the return to the chief executive officer of the local government for which the election was held. (sec.117-ssec.8) This section does not apply in relation to a candidate who is a member of a group of candidates. - (a) be in the approved form; and - (b) state the relevant details for the gift. - (a) if the candidate received gifts during the disclosure period— (i) the total value of all gifts received during the disclosure period; and (ii) the number of entities that gave the gifts; or - (i) the total value of all gifts received during the disclosure period; and - (ii) the number of entities that gave the gifts; or - (b) otherwise—that no gifts were received during the disclosure period. - (i) the total value of all gifts received during the disclosure period; and - (ii) the number of entities that gave the gifts; or - (a) the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— (i) the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and (ii) the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and - (i) the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and - (ii) the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and - (b) the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given. - (i) the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and - (ii) the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and