South Australian Current Acts

ELECTORAL ACT 1985 - SECT 130ZG

130ZG—Gifts, loans to candidates etc

        (1)         A person must provide a return in accordance with this section if—

            (a)         the person makes a gift or gifts, or a loan or loans, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and

            (b)         the total amount or value of the gift or gifts, or the loan or loans, is more than $5 000 (indexed); and

            (c)         at the time the person makes the gift or gifts, or loan or loans, the person is not—

                  (i)         a registered political party; or

                  (ii)         an associated entity; or

                  (iii)         a candidate in an election; or

                  (iv)         a member of a group.

        (2)         A person must provide a return in accordance with this section if—

            (a)         the person makes a gift or gifts, or a loan or loans, during the disclosure period in relation to an election, to a person or body (whether incorporated or not) specified by the Electoral Commissioner by notice in the Gazette; and

            (b)         the total amount or value of the gift or gifts, or loan or loans, is more than $5 000 (indexed); and

            (c)         at the time the person makes the gift or gifts, or loan or loans, the person is not—

                  (i)         a registered political party; or

                  (ii)         an associated entity; or

                  (iii)         a candidate in an election; or

                  (iv)         a member of a group.

        (3)         The person must provide to the Electoral Commissioner a return setting out the required details of—

            (a)         all gifts and loans covered by subsections (1) and (2) made during the disclosure period; and

            (b)         all gifts and loans of more than $5 000 (indexed), received by the person at any time, that the person used during the period (either wholly or partly)—

                  (i)         to enable the person to make the gifts or loans mentioned in paragraph (a); or

                  (ii)         to reimburse the person for making such gifts or loans.

        (4)         A return must be provided to the Electoral Commissioner, in a form approved by the Electoral Commissioner—

            (a)         if the gift or loan is made during the period commencing at the start of the disclosure period and ending at the start of the designated period for the relevant election—within 30 days of the start of the designated period for the relevant election; or

            (b)         if the gift or loan is made during the designated period for the relevant election—at the end of the designated period.

        (5)         For the purposes of this section, the required details of a gift or loan are its amount or value, the date on which it was made and any other details prescribed by the regulations.

        (6)         For the purposes of this section, the "disclosure period", in relation to an election, is the period that commenced at the end of 30 days after polling day for the last general election preceding the election and that ended at the end of 30 days after polling day for the election.

        (7)         If the agent of a candidate, group or specified person or body knows that the candidate, group or specified person or body (as the case may be) has received a gift or loan requiring a return to be furnished under this section, the agent must inform the person who gave the gift or loan of the requirement that the person furnish a return in relation to the gift or loan under this Part.