Western Australian Current Acts Western Australian Current Acts (1) It is unlawful for
—
(a) a
political party or a person acting on behalf of a political party to receive a
gift made to or for the benefit of the party by another person, being a gift
the amount or value of which is not less than the specified amount; or
(b) a
candidate in an election (including a person included in a group) or a person
acting on behalf of a candidate in an election to receive a gift made to or
for the benefit of the candidate by another person, being a gift the amount or
value of which is not less than the specified amount; or
(c) a
person included in a group in an election or a person acting on behalf of a
group in an election to receive a gift made to or for the benefit of the group
by another person, being a gift the amount or value of which is not less than
the specified amount; or
(d) a
person (not being a political party, a candidate or a group) to receive a gift
made to or for the benefit of the person for the purpose of the incurring of
expenditure for a political purpose, being a gift the amount or value of which
is not less than the specified amount,
unless the name and
address of the person making the gift (the donor ) are known to the person
receiving the gift (the recipient ) or, at the time when the gift is made, the
name and address of the donor are given to the recipient and the recipient has
no grounds to believe that the name and address so given are not the true name
and address of the donor.
(2) A reference in
subsection (1) to the name and address of a person making a gift is —
(a) in
the case of a gift made on behalf of the members of an unincorporated
association, a reference to —
(i)
the name of the association; and
(ii)
the names and addresses of the members of the executive
committee (however described) of the association;
and
(b) in
the case of a gift purportedly made out of a trust fund or out of the funds of
a foundation, a reference to —
(i)
the names and addresses of the trustees of the fund or of
the funds of the foundation and of the person for whose benefit the fund or
funds are held; and
(ii)
the title or other description of the trust fund or the
name of the foundation, as the case requires.
(3) For the purposes
of subsection (1) —
(a) a
person who is a candidate in an election shall be taken to remain a candidate
for 30 days after polling day in the election;
(b) a
person included in a group in an election shall be taken to continue to be
included in that group for 30 days after polling day in the election;
(c) 2 or
more gifts made during a prescribed period by the same person to or for the
benefit of a political party, candidate, group or other person shall be taken
to be one gift;
(d) a
reference to the incurring of expenditure for a political purpose shall be
read in accordance with section 175Q(5) and a reference to a gift made for the
purpose of incurring such expenditure includes a reference to a gift the whole
or part of which is used for that purpose.
(4) The reference in
subsection (3)(c) to a prescribed period is a reference —
(a) in
the case of a political party or an associated entity, to a financial year;
(b) in
the case of a candidate, to the disclosure period applicable to the candidate
under section 175O;
(c) in
the case of a group, to the disclosure period applicable to the group under
section 175P;
(d) in
the case of a person (not being a political party, an associated entity, a
candidate or a group) to the disclosure period for an election for the
purposes of section 175Q.
(5) Where a person
receives a gift and, by virtue of subsection (1), it is unlawful for the
person to receive that gift, an amount equal to the amount or value of the
gift is payable by that person to the State and may be recovered by the State
as a debt due to the State by action, in a court of competent jurisdiction,
against —
(a) in
the case of a gift to or for the benefit of a political party —
(i)
if the party is a body corporate, the party; or
(ii)
in any other case, the agent of the party;
(b) in
the case of a gift to or for the benefit of a candidate, the candidate or the
agent of the candidate;
(c) in
the case of a gift to or for the benefit of a group, a person included in the
group or the agent of the group;
(d) in
the case of a gift to a person (not being a political party, a candidate or a
group), that person.
[Section 175R inserted: No. 75 of 1992 s. 4 (as
amended: No. 43 of 1996 s. 26).]