Candidates have a duty of disclosure of electoral donations. Candidates and donors are required to disclose any electoral-related gifts promised or received within the six months prior to polling day.
Part 5A of the Local Government (Elections) Regulations 1997 - Dislcosure of Gifts:
Both candidates and donors to disclose information about any electoral related gift with a value of $200 or more that was given or promised during the disclosure period (being six months before Election Day).
A "gift" means a disposition of property, or the conferral of any financial benefit, made by one person in favour of another.
It can include:
- a gift of money
- a gift which is non-monetary but of value
- a gift in kind or where there is inadequate financial consideration such as the receipt of a discount (where the difference or the discount is worth more than $200)
- a financial or other contribution to travel
- the provision of a service for no consideration or for inadequate consideration
- a firm promise or agreement to give a gift at some future time.
It is important to note that a gift could be one or more gifts from the same donor that's combined value is $200 or more.
A "gift" does not include a gift by will; a gift from a relative; a gift that does not relate to the candidate's candidature; or the provision of volunteer labour.
Disclosure of electoral gifts
Both candidates and donors are required to disclose information about any electoral related gift with a value of $200 or more that is given or promised within the disclosure period. It is essential that candidates be aware of this legislative requirement and should advise donors of their reporting responsibilities.
Within three days of nomination, any candidate in a local government election is required to disclose any gifts received within the disclosure period prior to nomination. The disclosure period commences six months prior to Election Day. Any gift received after nomination is required to be disclosed within three days of acceptance of the gift. Penalties apply $5,000.
The disclosure period finishes three days after Election Day for unsuccessful candidates and on the start day for financial interest returns for successful candidates.
How a disclosure is made
All disclosures are to be made on a LG09A Disclosure of Gifts form and delivered to the Chief Executive Officer within three days of receiving the gift, once your candidate nomination has been made to the Returning Officer.
Donors will also need to disclose any gifts made within the relevant period. Information to be supplied includes the name of the candidate, the name and address of the donor, the date the gift was promised or received, the value of the gift and a description of the gift.
The Chief Executive Officer is required to establish and maintain a public electoral gift register. Disclosures will be removed three days after Election Day for unsuccessful candidates and at the completion of the term of office for successful candidates.
Contact our Governance and Councillor Support team for any further information on 9528 0333.