Political Donations Act 2000 · 2020 Revised Edition · Part 4 · Obligations of Certain Donors
20. Donations on behalf of others
Feedback & supportFor the purposes of this Act, where any person (called in this section the principal donor) causes an amount (called in this section the principal donation) to be received by a candidate or the candidate’s election agent or a political association by way of a donation —
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,
on behalf of the candidate and one or more other persons; or
on behalf of one or more other persons,then each individual contribution by each person mentioned in paragraph (a) or (b) is to be treated as if it were a separate donation by that person.
In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate, election agent or political association, the candidate, election agent or association (as the case may be) is given all the details in respect of the person treated by subsection (1) as giving the donation that are required by the Schedule to be given in respect of a donor of a recordable donation.
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;
Where a person (called in this subsection the agent) causes an amount to be received by a candidate, election agent or political association by way of a donation on behalf of another person (called in this subsection the donor), the agent must ensure that, at the time the amount is received by the candidate, election agent or political association, he, she or it (as the case may be) is given all such details in respect of the donor as are required by the Schedule to be given in respect of a donor of a recordable donation.
election agent
“election agent”, in relation to a candidate, means the person named as the candidate’s election agent under section 62(1) of the Parliamentary Elections Act 1954 or section 43(1) of the Presidential Elections Act 1991;
A person who, without reasonable excuse, fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.