Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ELECTORAL ACT 1992 - SECT 216A

Records and regular disclosure of gifts

    (1)     This section applies if 1 of the following (a receiver ) receives 1 or more gifts in the relevant period:

        (a)     a party grouping;

        (b)     a non-party MLA;

        (c)     an associated entity;

        (d)     a non-party candidate grouping;

        (e)     a non-party prospective candidate grouping.

Note     A gift received by or on behalf of a party candidate is taken to be received by the party (see s 200).

    (2)     The financial representative of the receiver must record the following information for each gift (other than free facilities use):

        (a)     the date the gift is received;

        (b)     the amount of the gift;

        (c)     for a gift other than an anonymous gift—the defined details for the gift;

        (d)     for an anonymous gift—that the gift is made anonymously.

    (3)     The financial representative of the receiver must give the commissioner a return containing the information mentioned in subsection (2) for a gift or gifts

        (a)     if the total amount of the gifts received from 1 person in the relevant period is $1 000 or more; and

        (b)     if the financial representative has given the commissioner a return under paragraph (a) in relation to a person, and the person makes additional gifts in the relevant period.

Note 1     If a form is approved under s 340A for this provision, the form must be used.

Note 2     For how a return may be given, see the Legislation Act

, pt 19.5.

    (4)     The financial representative of the receiver must give the return to the commissioner not later than—

        (a)     if the total amount of the gifts received from the person reaches $1 000—

              (i)     in the period starting on the first day of the election period and ending 30 days after the election period ends (the defined period )—7 days after the day the total amount received from the person reaches $1 000; or

              (ii)     outside the defined period—7 days after the end of the month in which the total amount received from the person reaches $1 000; and

        (b)     if the financial representative is required to give the commissioner a return under subsection (3) (a) in relation to a person and the person makes an additional gift

              (i)     in the defined period—7 days after the day the additional gift is received from the person; or

              (ii)     outside the defined period—7 days after the end of the month in which the additional gift is received from the person.

    (5)     If the financial representative for a receiver is not required to give a return to the commissioner under subsection (3), the financial representative must give a return to the commissioner, not later than 60 days after the end of the relevant period, stating that the receiver did not receive a total amount of gifts from 1 person in the relevant period exceeding $1 000.

    (6)     In this section:

"free facilities use" means a gift of the use of facilities for a routine meeting of a receiver and—

        (a)     includes use of a room and anything reasonably necessary for the conduct of the meeting in the room; but

        (b)     does not include any food, drink or other gift associated with the use of the facilities.

Examples—things reasonably necessary for conduct of meeting in room

tables, chairs, photocopier, microphone, computer

"relevant period" means—

        (a)     for a party grouping, non-party MLA or associated entity—a financial year; and

        (b)     for a non-party candidate grouping or non-party prospective candidate grouping—the period—

              (i)     if the candidate was a candidate at an election the polling day for which was within 5 years before polling day for the election at which the candidate is a candidate—starting on the 31st day after the polling day for the last election at which the candidate was a candidate; and

              (ii)     in any other case—starting on the earlier of—

    (A)     the day when the candidate publicly announced that he or she would be a candidate in the election; and

    (B)     the day when the candidate was nominated as a candidate for the election in accordance with section 105; and

              (iii)     ending on the 30th day after polling day for the election.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback