Australian Capital Territory Consolidated Acts

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ELECTORAL ACT 1992 - SECT 221

Disclosure of gifts made to candidates

    (1)     If, during the disclosure period for an election, a person (other than a party, a candidate or an associated entity) makes gifts totalling $1 000 or more to the same candidate in the election or the same specified body, the person must give the commissioner a return within 15 weeks after the polling day for the election.

Note 1     If a form is approved under s 340A (Approved forms) for a return, the form must be used.

Note 2     For how a return may be given, see Legislation Act, pt 19.5.

    (2)     A return shall specify in relation to each gift referred to in subsection (1) made by the person during the disclosure period—

        (a)     the amount of the gift; and

        (b)     the date it was made; and

        (c)     the defined details.

    (3)     A reference in this section to a gift is a reference to a gift other than a gift made in a private capacity to a candidate or a specified body that is an individual, for his or her personal use, being a gift that the receiver has not used, and will not use, solely or substantially for a purpose related to an election.

    (4)     The commissioner may specify a person or body (whether incorporated or not) for this section if the commissioner believes on reasonable grounds, that it is a function of the person or body to incur electoral expenditure or to give gifts (directly or indirectly) to candidates.

    (5)     The specification of a person or body is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001 .

    (6)     In this section:

"specified body" means a person or body specified in accordance with subsection (4).



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