(1) The agent of a
person (including a person included in a group) who was a candidate in an
election shall, within 12 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 in 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) deleted]
Note for this section:
Division 5 contains
offences in relation to returns to be lodged under this section.
[Section 175O inserted: No. 75 of 1992 s. 4;
amended: No. 30 of 2023 s. 133.]