Electoral Finance Act 2007

  • repealed

Subpart 5Disclosure of third party donations

58 Return of third party donations
  • (1) A financial agent of a third party must, at the same time as filing a return under section 127, file with the Electoral Commission a return setting out—

    • (a) the details specified in subsection (2) in respect of every third party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) 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 in respect of the same general election, exceeds $5,000 in sum or value; and

    • (b) whether section 24 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 referred to in section 24 notified to him or her that either on its own or when aggregated with other contributions made by or on behalf of the same person in respect of the same general election exceeds $5,000 in sum or value; and

    • (c) the details specified in subsection (4) in respect of every anonymous third party donation received by him or her exceeding $1,000; and

    • (d) the details specified in subsection (5) in respect of every third party donation, or contribution to a third party donation, received by him or her from an overseas person exceeding $1,000; and

    • (e) the details specified in subsection (6) in respect of each payment of donations received from the Electoral Commission under section 41.

    (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; and

    • (d) the date the 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 each contribution made by the contributor; and

    • (d) the date on which each related 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 30(3), and the date that payment was made.

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

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

    • (b) the amount of the donation or contribution; and

    • (c) the amount paid to the overseas person or to the Electoral Commission under section 32(2) or (3), and the date that payment was made.

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

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

    • (b) the amount of the payment; and

    • (c) the amount of interest included in the payment.

    (7) Every return filed under subsection (1) must be in the form required by the Electoral Commission and include a statutory declaration made by the financial agent and the person who made the application for the third party listing, each declaring that, to the best of his or her or its knowledge and belief,—

    • (a) the return correctly sets out all the details required by subsections (2) to (6); and

    • (b) a fair assessment has been made of the reasonable market value of donations, if any, of the kind described in paragraph (a)(i) or (ii) of the definition of third party donation in section 21(2).