Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 118

118 Gifts to groups of candidates

(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.

(2) The group’s agent must give the electoral commission a return about the gift on or before the disclosure deadline for the return.

(3) Each return must—

(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.

(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—

(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

(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.

Note—

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.

(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.

(6) The agent need not comply with subsection (4) if—

(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

(b) the group does not receive further gifts during the group’s disclosure period for the election after giving the return.

(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—

(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.