Electoral Act 1993

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Subpart 5Disclosure of candidates' donations

  • Subpart 5: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

209 Return of candidate donations
  • (1) A candidate must, at the same time as filing a return of election expenses under section 205K, file with the Electoral Commission a return setting out—

    • (a) the details specified in subsection (2) in respect of every candidate donation (other than a donation of the kind referred to in paragraphs (c) and (d)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and

    • (b) whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds $1,500 in sum or value; and

    • (c) the details specified in subsection (4) in respect of every anonymous candidate donation received by him or her exceeding $1,500; and

    • (d) the details specified in subsection (5) in respect of every candidate donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $1,500; and

    • (e) the details specified in subsection (5A) in respect of every contribution to a candidate donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500.

    (2) The details referred to in subsection (1)(a) are—

    • (a) the name of the donor; and

    • (b) the address of the donor; and

    • (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    • (d) the date the donation was received or, in the case of aggregated donations, the date that each donation was received.

    (3) The details referred to in subsection (1)(b) are—

    • (a) the name of the contributor; and

    • (b) the address of the contributor; and

    • (c) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

    • (d) the date on which the donation funded from contributions was made.

    (4) The details referred to in subsection (1)(c) are—

    • (a) the date the donation was received; and

    • (b) the amount of the donation; and

    • (c) the amount paid to the Electoral Commission under section 207I(1), and the date that payment was made.

    (5) The details referred to in subsection (1)(d) are—

    • (a) the name of the overseas person; and

    • (b) the address of the overseas person; and

    • (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    • (d) the date the donation was received or, in the case of aggregated donations, the date each donation was received; and

    • (e) the amount returned to an overseas person or paid to the Electoral Commission under section 207K(2), and the date of that return or payment, as the case may be.

    (5A) The details referred to in subsection (1)(e) are—

    • (a) the name of the overseas person; and

    • (b) the address of the overseas person; and

    • (c) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

    • (d) the date on which the related donation funded from the contribution was made; and

    • (e) the amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

    (6) Every return filed under subsection (1) must be in the form required by the Electoral Commission.

    Compare: 2007 No 111 s 45

    Section 209: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

    Section 209(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

    Section 209(1)(a): amended, on 1 January 2011, by section 26(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(1)(b): replaced, on 25 March 2014, by section 36(1) of the Electoral Amendment Act 2014 (2014 No 8).

    Section 209(1)(c): amended, on 1 January 2011, by section 26(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(1)(d): substituted, on 1 January 2011, by section 26(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(1)(e): added, on 1 January 2011, by section 26(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(1)(e): amended, on 25 March 2014, by section 36(2) of the Electoral Amendment Act 2014 (2014 No 8).

    Section 209(2)(c): substituted, on 1 January 2011, by section 26(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(2)(d): substituted, on 1 January 2011, by section 26(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(3): replaced, on 25 March 2014, by section 36(3) of the Electoral Amendment Act 2014 (2014 No 8).

    Section 209(4)(c): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

    Section 209(5): substituted, on 1 January 2011, by section 26(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(5A): inserted, on 1 January 2011, by section 26(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

    Section 209(5A)(c): amended, on 25 March 2014, by section 36(4) of the Electoral Amendment Act 2014 (2014 No 8).

    Section 209(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).