Victorian Current Acts Victorian Current ActsS. 306(1) amended by No. 23/2024 s. 33(1).
(1) Within 40 days after election day, a person who was a candidate in the election must give an election campaign donation return to the Chief Executive Officer.
Penalty: 60 penalty units.
(2) An election campaign donation return must—
(a) be in the prescribed form; and
(b) contain the prescribed details in respect of any gifts received during the donation period by or on behalf of the candidate, to be used for or in connection with the election campaign, the amount or value of which is equal to or exceeds the gift disclosure threshold.
(3) Despite subsection (2), a candidate is not required to specify the prescribed details of an amount in a return if—
(a) the amount was a gift made in a private capacity to the candidate for the candidate's personal use; and
(b) the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the election.
(4) A reference in subsection (2) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.
(5) For the purposes of this section, 2 or more gifts made by the same person to or for the benefit of a candidate are to be taken to be one donation.
(6) A person who—
S. 306(6)(a) repealed by No. 23/2024 s. 33(2).
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(b) gives a return that contains particulars that the person knows are false or misleading in a material particular; or
(c) provides information that the person knows is false or misleading in a material particular to a person required to give a return under this section—
is guilty of an offence and liable to a fine not exceeding 60 penalty units.
(7) If a person is found guilty or convicted of an offence under subsection (6), a court may make an order that the offender give a return under subsection (1) that is not false or misleading in a material particular.
(8) If no details are required to be included in a return under this section in respect of a candidate, the return—
(a) must be given; and
(b) must include a statement to the effect that no gifts of a kind required to be disclosed were received.