South Australian Current Acts

ELECTORAL ACT 1985 - SECT 130ZF

130ZF—Returns by certain candidates and groups

        (1)         The agent of each person (including a member of a group) who is a candidate in an election must, at the prescribed times, furnish to the Electoral Commissioner a campaign donations return for that candidate, in a form approved by the Electoral Commissioner.

        (2)         The agent of each group must, at the prescribed times, furnish to the Electoral Commissioner a campaign donations return for that group, in a form approved by the Electoral Commissioner.

        (3)         A campaign donations return for a candidate or group of candidates in an election must set out the details prescribed by the regulations in relation to gifts and loans received during the disclosure period.

        (4)         A campaign donations return under this section need not set out any details of a gift or loan if—

            (a)         in all cases—the amount or value of the gift or loan is $5 000 (indexed) or less; or

            (b)         in the case of a gift or loan made to a candidate (including a member of a group)—the gift or loan was made in a private capacity to the candidate for his or her personal use and the candidate has not used, and will not use, the gift or loan solely or substantially for a purpose related to an election.

        (5)         For the purposes of this section—

            (a)         the "disclosure period", in relation to a campaign donations return, is the period commencing—

                  (i)         in relation to a new candidate in an election (other than a candidate referred to in subparagraph (ii))—on the day on which the person announced that he or she would be a candidate in the election or on the day on which the person was nominated as a candidate, whichever was the earlier; or

                  (ii)         in relation to a new candidate in an election who was, when he or she became a candidate in the election, a member of Parliament chosen by an assembly of members of both Houses of Parliament under the Constitution Act 1934 to fill a casual vacancy—on the day on which the person was so chosen to be a member of Parliament; or

                  (iii)         in relation to a candidate in an election who is not a new candidate—at the end of 30 days after polling day for the last preceding election in which the person was a candidate; or

                  (iv)         in relation to a group of candidates in an election—on the day on which the members of the group applied under section 58 to have their names grouped together on the ballot papers for the election,

and ending 30 days after polling day for the election; and

            (b)         a candidate is a "new candidate", in an election if the candidate was not a candidate in an earlier election the polling day for which was—

                  (i)         in the case of a candidate for a House of Assembly election—within 5 years before polling day for the election; or

                  (ii)         in the case of a candidate for a Legislative Council election—within 9 years before polling day for the election; and

            (c)         the "prescribed times" for furnishing a campaign donations return are as follows:

                  (i)         within 30 days of the end of the period commencing from the start of the disclosure period for the election until the start of the designated period for the election;

                  (ii)         within 5 days of the end of the period commencing from the start of the designated period for the election until 30 days after the start of that designated period;

                  (iii)         within 5 days of the end of each period of 7 days from the end of the period referred to in subparagraph (ii) until 30 days after polling day for the election;

                  (iv)         if the number of days from the end of the last 7 day period referred to in subparagraph (iii) until the day falling 30 days after polling day for the election is less than 7 days—within 5 days of the end of the designated period for the election; and

            (d)         2 or more gifts with an amount or value of more than $200 (excluding private gifts) or 2 or more loans of more than $1 000 (excluding private loans) made by the same person to a candidate or group during the disclosure period are to be treated as 1 gift or loan (as the case requires).

        (5a)         Despite section 130ZZ, if no details are required to be included in a return required to be furnished under this section by the agent of a candidate or group of candidates endorsed by a registered political party, the return need not be furnished to the Electoral Commissioner as required by this section.