sec.118Gifts to groups of candidates

### sec.118 Gifts to groups of candidates Subsection (2) applies if, during the disclosure period for an election for a group of candidates, a member of the group, or a person acting on behalf of the group, receives a gift of a value equal to or more than $500. The group’s agent 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 names of the candidates who are members of the group; and the name, if any, of the group; and the relevant details for the gift. Also, the agent of a group of candidates must, within the required period for the election, give the electoral commission a return in the approved form, stating— if any members of the group, or a person acting on behalf of the group, 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 by any member of the group, or a person acting on behalf of the group, during the disclosure period. See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up. For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to any member of the group, or a person acting on behalf of the group, by the same entity during the group’s disclosure period. The agent need not comply with subsection (4) if— each candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making 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 the group to receive further gifts during the group’s disclosure period for the election after giving the return; and the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and the group does not receive further gifts during the group’s disclosure period for the election after giving the return. If the electoral commission receives a return under subsection (4) from the agent of a group of candidates for an election and any of the members of the group are successful in the 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; and each successful candidate who is a member of the group. s 118 amd 2014 No. 44 s 82 ; 2017 No. 12 s 17 ; 2019 No. 30 s 229B ; 2023 No. 8 s 30 (sec.118-ssec.1) Subsection (2) applies if, during the disclosure period for an election for a group of candidates, a member of the group, or a person acting on behalf of the group, receives a gift of a value equal to or more than $500. (sec.118-ssec.2) The group’s agent must give the electoral commission a return about the gift on or before the disclosure deadline for the return. (sec.118-ssec.3) Each return must— be in the approved form; and state— the names of the candidates who are members of the group; and the name, if any, of the group; and the relevant details for the gift. (sec.118-ssec.4) Also, the agent of a group of candidates must, within the required period for the election, give the electoral commission a return in the approved form, stating— if any members of the group, or a person acting on behalf of the group, 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 by any member of the group, or a person acting on behalf of the group, during the disclosure period. See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up. (sec.118-ssec.5) For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to any member of the group, or a person acting on behalf of the group, by the same entity during the group’s disclosure period. (sec.118-ssec.6) The agent need not comply with subsection (4) if— each candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making 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 the group to receive further gifts during the group’s disclosure period for the election after giving the return; and the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and the group does not receive further gifts during the group’s disclosure period for the election after giving the return. (sec.118-ssec.7) If the electoral commission receives a return under subsection (4) from the agent of a group of candidates for an election and any of the members of the group are successful in the 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; and each successful candidate who is a member of the group. - (a) be in the approved form; and - (b) state— (i) the names of the candidates who are members of the group; and (ii) the name, if any, of the group; and (iii) the relevant details for the gift. - (i) the names of the candidates who are members of the group; and - (ii) the name, if any, of the group; and - (iii) the relevant details for the gift. - (i) the names of the candidates who are members of the group; and - (ii) the name, if any, of the group; and - (iii) the relevant details for the gift. - (a) if any members of the group, or a person acting on behalf of the group, 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 by any member of the group, or a person acting on behalf of the group, 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) each candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making 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 the group to receive further gifts during the group’s disclosure period for the election after giving the return; and (ii) the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and - (i) the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and - (ii) the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and - (b) the group does not receive further gifts during the group’s disclosure period for the election after giving the return. - (i) the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and - (ii) the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and - (a) the chief executive officer of the local government for which the election was held; and - (b) each successful candidate who is a member of the group.