Part 5 Electoral donations and expenses

Part 5 heading: replaced, on 29 June 2013, by section 29 of the Local Electoral Amendment Act 2013 (2013 No 40).

Subpart 1—Electoral donations

Subpart 1: inserted, on 29 June 2013, by section 30 of the Local Electoral Amendment Act 2013 (2013 No 40).

103A Interpretation

In this subpart and subpart 3, unless the context otherwise requires,—

anonymous, in relation to an electoral donation, means a donation that is made in such a way that the candidate who receives the donation—

(a)

does not know the identity of the donor; and

(b)

could not, in the circumstances, reasonably be expected to know the identity of the donor

contribution means any thing (being money or the equivalent of money or goods or services or a combination of those things) that makes up a donation or is included in a donation or has been used to wholly or partly fund a donation, and that—

(a)

was given—

(i)

to the donor; or

(ii)

to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through 1 or more intermediaries, trustees, or nominees); and

(b)

would have been a donation if it had been given directly to the candidate; and

(c)

was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation

contributor means a person who makes a contribution and who immediately before making the contribution—

(a)

beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or

(b)

provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds

donation funded from contributions means a donation that is made up of, includes, or is wholly or partly funded from 1 or more contributions

donor means a person who makes an electoral donation

electoral donation or donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a candidate, or to any person on the candidate’s behalf, for use in the candidate’s campaign for election and—

(a)

includes,—

(i)

where goods or services are provided to a candidate, or to any person on the candidate’s behalf, under a contract or an arrangement at a value that is less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and

(ii)

where goods or services are provided by a candidate under a contract or an arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and

(b)

excludes—

(i)

the labour of any person that is provided to a candidate free of charge by that person; and

(ii)

goods or services provided free of charge to a candidate, or to any person on the candidate’s behalf, that have a reasonable market value of $300 or less

receive, in relation to a donation, means to get a donation that has been given or sent by—

(a)

the donor directly; or

(b)

the donor indirectly, via a transmitter

transmitter means a person to whom a donor gives or sends a donation for transmittal to a candidate.

Compare: 1993 No 87 s 207

Section 103A: inserted, on 29 June 2013, by section 30 of the Local Electoral Amendment Act 2013 (2013 No 40).