Political Donations Act 2000 · 2020 Revised Edition · Part 5 · Offences
22. Offences in connection with donation reports, etc.
Feedback & supportWhere any donation report or declaration that is required under section 12(1), 13 or 19(1) to be sent to the Registrar is not so sent within the time limited under the applicable section, then —
donation report
“donation report” means a report required to be prepared under section 12, 18, 19 or 21;
in the case of a donation report or declaration required under section 12(1) or 13, the responsible officers of the political association in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; or
in the case of a donation report or declaration required under section 19(1), the candidate at an election and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
If a donation report under section 12 or 19 is sent to the Registrar, but the report does not comply with the requirements of section 12 or (as the case may be) section 19 as regards the recording of donations in the report, then —
Registrar
“Registrar” means the Registrar of Political Donations appointed under section 7, and includes any Assistant Registrar appointed under that section;
in the case of a donation report under section 12, the responsible officers of the political association in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000; or
in the case of a donation report under section 19, the candidate and the candidate’s election agent or agents in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000.
Where any person is charged with an offence under subsection (1) or (2), it is a defence to prove that the person took all reasonable steps, and exercised all due diligence to ensure that any requirements —
as regards preparation or sending of a donation report; or
as regards the information to be given in any donation report,as the case may be, have been complied with in relation to the donation report.
Where the court is satisfied, on an application made by the Public Prosecutor, that any failure to comply with any requirements in relation to any donation received by a political association, candidate or election agent was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture of an amount equal to the value of the 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,
Sections 11 and 17 apply in connection with an application under subsection (4) with the necessary modifications.
A person who makes a false declaration under section 13, 18(1)(b) or 19(4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
Where any responsible officer of a political association, candidate or election agent is charged with an offence under subsection (6), it is a defence to prove that he or she did not know and could not reasonably have known that the declaration was false.
political association
“political association” means —(a)a political party or an organisation that has as one of its objects or activities the promotion or procuring of the election to Parliament or to the office of President of a candidate or candidates endorsed by the organisation; or(b)an organisation (not being a branch of any organisation) whose objects or activities relate wholly or mainly to politics in Singapore and that is declared by the Minister, by order in the Gazette, to be a political association for the purposes of this Act;