Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 309

Certain gifts not to be accepted

    (1)     It is unlawful for a candidate or a person acting on behalf of a candidate to receive during the donation period a gift made to or for the benefit of the candidate, being a gift the amount or value of which is equal to or exceeds the gift disclosure threshold unless—

        (a)     the name and address of the person making the gift are known to the person receiving the gift; or

        (b)     at the time when the gift is made—

              (i)     the person making the gift gives to the person receiving the gift the person's name and address; and

              (ii)     the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

    (2)     A reference in subsection (1) or (2) to a gift made by a person include a reference to a gift made on behalf of the members of an unincorporated association.

    (3)     A reference in subsection (1) or (2) 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

              (ii)     the title or other description of the trust fund or the name of the foundation.

    (4)     For the purposes of subsection (1), a person who is a candidate in an election is to be taken to remain a candidate for 30 days after the election day in the election.

    (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 gift.



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