Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 175O

175O .         Gifts received by candidate in disclosure period, return as to required

        (1)         The agent of a person (including a person included in a group) who was a candidate in an election shall, within 15 weeks after polling day in the election, lodge a return with the Electoral Commissioner in an approved form setting out —

            (a)         the total amount or value of all gifts; and

            (b)         the number of persons who made gifts; and

            (c)         subject to subsection (4), the relevant details of each gift,

                received by the person during the disclosure period for the election.

        (2)         For the purposes of subsection (1), the disclosure period for an election (the relevant election ) shall be determined as follows —

            (a)         if the person was a candidate in a previous election and polling day for the previous election was within 5 years before polling day in the relevant election, the disclosure period is the period that —

                  (i)         commenced at the end of 30 days after polling day in the most recent previous election in which the person was a candidate; and

                  (ii)         ended 30 days after polling day in the relevant election;

            (b)         in any other case, the disclosure period is the period that —

                  (i)         commenced one year before the day of the nomination of the person as a candidate in the relevant election; and

                  (ii)         ended 30 days after polling day in the relevant election.

        (3)         A gift does not have to be included in the return unless —

            (a)         the gift was made to the candidate for a purpose related to an election; or

            (b)         the candidate has used, or will use, the gift solely or substantially for a purpose related to an election.

        (4)         The return does not have to set out the relevant details of a gift if the amount or value of the gift is less than the specified amount.

        (5)         Subsection (4) does not apply in relation to a gift made by a person to the candidate if the sum of the amount or value of that gift and of other gifts which were made by that person to the candidate and are included in the return equals or exceeds the specified amount.

        [Section 175O inserted: No. 75 of 1992 s. 4.]



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