74. Return and declaration respecting election expenses

Amended

Last amended by an amending law of 2023. 4 amendments in all.

(1)

Within 31 days after the date of publication of the result of an election in the Gazette, the election agent of every candidate at that election must transmit to the Returning Officer a true return (called in this Act the return respecting election expenses), in Form 19 in the First Schedule, containing detailed statements as respects that candidate of —

(a)

all payments made by the election agent;

(b)

the amount of personal expenses (if any) paid by the candidate;

(c)

the disputed claims so far as the election agent is aware;

(d)

all unpaid claims (if any) of which the election agent is aware in respect of which application has been made or is about to be made to an Election Judge or a Judge sitting in the General Division of the High Court; and

(e)

every donation accepted by the election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received.

(1A)

[Deleted by Act 41 of 2018]

(2)

The return respecting election expenses must be signed by the election agent and must be accompanied by a statement made by the candidate and his or her election agent which must be in Form 19 in the First Schedule.

(2A)

[Deleted by Act 41 of 2018]

(3)

If the return and statements are not transmitted before the expiration of the time limited for the purpose, the candidate must not after the expiration of the time sit or vote in Parliament as a Member until either the return and statements have been transmitted or until the date of the allowance of such authorised excuse for failure to transmit them as in this Act mentioned.

(3A)

If a candidate sits or votes in contravention of this Act, he or she shall be guilty of an offence and shall be liable on conviction to a penalty of $500 for every day on which he or she so sits or votes.

(3B)

Where a candidate or an election agent fails to transmit the return respecting election expenses and the statement referred to in subsection (2) before the expiration of the time limited for the purpose and in the manner required by this Act, the candidate or election agent shall not be qualified to be elected as President.

(4)

If any candidate or election agent fails to comply with the requirements of subsection (1) or (2), he or she shall be guilty of an illegal practice and the provisions of this section shall be in addition to and not in derogation of section 61.

(4A)

The Returning Officer may issue one or more guidelines for the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of this section, what must be or need not be disclosed in any returns respecting election expenses.

(4B)

In proceedings for an illegal practice under this Act involving any returns respecting election expenses —

(a)

compliance with a provision of any guideline issued under subsection (4A) found by the court, to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or

(b)

a contravention of or a failure to comply with, whether by act or omission, any such provision so found,may be relied on by any party to those proceedings as tending to negative or establish any liability which is in question in those proceedings.

(5)

For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.