Electoral Finance Act 2007

  • repealed
43 Offence of prohibited disclosure
  • (1) No person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 38(2) in a manner that indicates or suggests that the person has made, or proposes to make, such a donation or contribution, to—

    • (a) any financial agent or person involved in the administration of the affairs of the political party or third party for whom the donation is intended; or

    • (b) any other person (other than an authorised person).

    (2) Every person who contravenes subsection (1) without reasonable excuse commits an offence and is guilty of an illegal practice.

    (3) In this section, authorised person means—

    • (a) a member or employee or other person engaged by the Electoral Commission:

    • (b) a donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor:

    • (c) any other person to whom the identifying details must be supplied to enable the donation to be made (eg, an employee of a bank who processes a cheque by which the donation is made):

    • (d) any person to whom the identifying details must be supplied to comply with 1 or more of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994):

    • (e) the Auditor-General:

    • (f) any other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings.

    (4) Except as provided in this section, if there is any inconsistency between subsection (1) and any other enactment, subsection (1) prevails.