Electoral Finance Act 2007

  • repealed

Part 2
Election campaigns

Subpart 1General provisions relating to donations

21 Interpretation
  • (1) In this subpart, unless the context otherwise requires, donation means—

    • (a) a candidate donation; or

    • (b) a party donation; or

    • (c) a third party donation.

    (2) In this subpart and subparts 2 to 5 of this Part, unless the context otherwise requires,—

    anonymous, in relation to a donation, means a donation that is made in such a way that the financial agent 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

    candidate 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 arrangement at a value less than their reasonable market value, the latter being a value which exceeds $200, 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 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

      • (iii) where credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but

    • (b) excludes the labour of any person that is provided to a candidate free of charge by that person

    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, party, or third party; and

    • (c) was given in the knowledge or expectation (whether by reference to a trust, agreement, or 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 a donation

    election expense, in relation to a third party, has the meaning given to it by section 114

    list candidate means any person whose name is specified in a party list submitted to the Chief Electoral Officer under section 127 of the Electoral Act 1993

    party 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 party, or to any person or body of persons on behalf of the party who are involved in the administration of the affairs of the party, and—

    • (a) includes,—

      • (i) where goods or services are provided to a party, or to any person on the party's behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value which exceeds $1,000, 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 party under a contract or 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

      • (iii) where credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but

    • (b) excludes—

      • (i) the labour of any person that is provided to a party free of charge by that person; and

      • (ii) any candidate donation that is included in a return made by a candidate under section 86

    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

    third party 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 third party, or to any person on the third party's behalf, to fund, or to contribute directly or indirectly towards the funding of, the election expenses of the third party and—

    • (a) includes,—

      • (i) where goods or services are provided to a third party, or to any person on the third party's behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value which exceeds $200, 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 third party under a contract or 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

      • (iii) where credit is provided to a third party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the third party of those more favourable terms and conditions; but

    • (b) excludes the labour of any person that is provided to a third party free of charge by that person

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

    (3) To avoid doubt, a third party donation does not include a donation that—

    • (a) is made with no indication from the donor that it is, or includes, a contribution towards the funding of third party election expenses; and

    • (b) is made in circumstances where no such purpose can reasonably be inferred; and

    • (c) is made—

      • (i) for any general purposes of the third party or for any purpose the third party considers appropriate; or

      • (ii) with no indication as to the use to which the donation may be put; or

      • (iii) for use for a specified purpose that does not include a contribution towards the funding of the third party's election expenses.

    (4) For the purposes of sections 23, 24, 26, 28, 30, and 54,—

    • (a) donation does not include a donation protected from disclosure (as defined in section 37); and

    • (b) party donation does not include a donation protected from disclosure (as defined in section 37); and

    • (c) third party donation does not include a donation protected from disclosure (as defined in section 37).