Political Donations Act 2000 · 2020 Revised Edition · Part 3 · Donations to Candidates
18. Political donation certificate for nomination day
Feedback & supportAny person who is or desires to be a candidate at any election or presidential election must, at any time after the date of the notice of the writ mentioned in section 25 of the Parliamentary Elections Act 1954 or, in the case of a presidential election, section 7 of the Presidential Elections Act 1991, but at least 2 clear days before nomination day at that election or (as the case may be) presidential election, send to the Registrar —
candidate
“candidate” means a person who is nominated as a candidate at an election or at a presidential election, and includes any person (whether or not a member of any political association) who, on or after the date of the issue of a writ for the election or presidential election (as the case may be) is declared, by the person or others, as seeking nomination as a candidate at that election or (as the case may be) presidential election;
a donation report in the prescribed form in respect of every recordable donation mentioned in subsections (2) and (3), giving all the details in respect of each donor thereof that are required by the Schedule to be given in respect of a donor of a recordable donation; and
a declaration subscribed by the person in the prescribed form stating that, to the best of the person’s knowledge and belief —
no other donations required by this section to be recorded in the donation report have been accepted by the person during the relevant period;
no donation from any person or body other than a permissible donor has been so accepted by the person during the relevant period; and
no anonymous donations, or no anonymous donations in excess of the sum permitted under section 14(2), have been accepted by the person during that same period.
Every donation from a permissible donor to a person who is or desires to be a candidate at an election or (as the case may be) a presidential election that is received and accepted by the person during the relevant period must be recorded in a donation report under this section for that relevant period —
donation
“donation”, in relation to a candidate at an election or at a presidential election, means —(a)any gift of money or other property to the candidate or his or her election agent;(b)any money spent (otherwise than by the candidate as permitted by any other written law) in paying any expenses incurred, directly or indirectly, by the candidate or by his or her election agent or any person authorised by his or her election agent;(c)any money lent to the candidate or his or her election agent otherwise than on commercial terms;(d)the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person) to the candidate or his or her election agent; or(e)the provision of any sponsorship in relation to the candidate,that is given, spent, lent or provided (whether before or after he or she becomes a candidate) for the purposes of the candidate’s election.(2) In this Act, unless the context otherwise requires,
if it is a single donation of not less than $10,000, or any other prescribed sum; or
if, when it is added to any other donation from the same permissible donor, the aggregate amount of the donations is not less than $10,000, or any other prescribed sum.
If during any relevant period no donations have been received by a person who is or desires to be a candidate at an election or a presidential election that, by virtue of the provisions of this section, are required to be recorded in a donation report for that relevant period, the donation report must contain a statement to that effect.
election
“election” has the meaning given by the Parliamentary Elections Act 1954;
Upon receipt of a donation report and declaration in compliance with the requirements of subsection (1), the Registrar must issue to the person concerned not later than the eve of the nomination day at the election or (as the case may be) presidential election, a political donation certificate stating that the person has complied with subsection (1).
donation report
“donation report” means a report required to be prepared under section 12, 18, 19 or 21;
Any certificate issued under subsection (4) must, for the purposes of any written law, be conclusive as to the facts it certifies.
In this section, “relevant period”, in relation to any person, means —
in the event a writ is issued within 12 months of 15 February 2001, the period beginning on that date and ending on the date the declaration under this section is made by that person; or
in any other case, the period of 12 months preceding the date the declaration under this section is made by that person (that date inclusive).