Provisions of Act and Bill relating to campaign donation returns
Local Government Act 2020
306 Return by candidate
(1) Within 40 days after election day, a person who was a candidate in the election must give an election campaign donation return to the Chief Executive Officer.
(2) An election campaign donation return must— (a) be in the prescribed form; and
(b) contain the prescribed details in respect of any gifts received during the donation period by or on behalf of the candidate, to be used for or in connection with the election campaign, the amount or value of which is equal to or exceeds the gift disclosure threshold.
(3) Despite subsection (2), a candidate is not required to specify the prescribed details of an amount in a return if—
(a) the amount was a gift made in a private capacity to the candidate for the candidate’s personal use; and
(b) the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the election.
(4) A reference in subsection (2) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.
(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 donation.
(6) A person who—
(a) fails to give a return that the person is required to give under this section; or
(b) gives a return that contains particulars that the person knows are false or misleading in a material particular; or
(c) provides information that the person knows is false or misleading in a material particular to a person required to give a return under this section— is guilty of an offence and liable to a fine not exceeding 60 penalty units.
(7) If a person is found guilty or convicted of an offence under subsection (6), a court may make an order that the offender give a return under subsection (1) that is not false or misleading in a material particular.
307 Responsibilities of Chief Executive Officer
(1) The Chief Executive Officer must, within 14 days after the period specified in section 306(1), submit a written report to the Minister specifying—
(a) the names of the candidates in the election; and
(b) the names of the candidates who submitted a return under section 306.
(2) The Chief Executive Officer must ensure that, within 14 days after the period specified in section 306(1), a summary of each election campaign donation return given to the Chief Executive Officer under section 306 is made available on the Council’s Internet site.
(3) If an election campaign donation return is given after the end of the period specified in section 306(1), the Chief Executive Officer must ensure that a summary of the return is made available on the Council’s Internet site.
Local Government Bill 2019
338 Responsibilities of Chief Municipal Inspector
(1) The Chief Municipal Inspector must publish a summary of the gifts recorded in an election campaign donation return lodged under section 335 on the Internet site of the Chief 5 Municipal Inspector within 2 working days of the election campaign donation return being lodged.
(2) The summary of an election campaign donation return must include the following information— (a) the name of the candidate;
(b) the name of the donor;
(c) the value and nature of each gift disclosed.
Reviewed 07 July 2021