Victorian Consolidated Legislation

Local Government Act 1989 - SECT 62

Return by candidate

62. Return by candidate



(1) Within 60 days after election day, a person who was a candidate in the
election must give an election campaign donation return to the Chief Executive
Officer.

(2) An election campaign donation return must-

   (a)  be in the prescribed form; and

   (b)  contain the prescribed details in respect of any gifts received during
        the donation period, by the candidate or on behalf of the candidate,
        to be used for or in connection with the election campaign-

   (i)  the amount or value of which is equal to or exceeds $200; or

   (ii) being goods or services the amount or value of which is equal to or
        exceeds $200.

(3) Despite subsection (2), a candidate is not required to specify the
relevant details of an amount in a return if the amount was a gift made in a
private capacity to the candidate for the candidate's personal use and the
candidate has not used, and will not use, the gift solely or substantially for
a purpose related to the election.

(4) The reference in subsection (2) to a gift made by a person includes a
reference to a gift made on behalf of the members of an unincorporated
association.

(5) For the purposes of this section, 2 or more gifts made by the same person
to or for the benefit of a candidate are to be taken to be one donation.

(6) In this section, donation period means the period commencing on whichever
is the later of-

   (a)  30 days after the last general election for the Council; or

   (b)  30 days after the last election for the Council at which the person
        required to give the election campaign donation return was a
        candidate-

and ending 30 days after election day in the current election for the Council.

(7) A person who-

   (a)  fails to give a return that the person is required to give under this
        section; or

   (b)  gives a return that contains particulars that to the knowledge of the
        person are false or misleading in a material particular; or

   (c)  provides information that to the knowledge of the person is false or
        misleading in a material particular to a person required to give a
        return under this section-

is guilty of an offence. Penalty: 50 penalty units.

(8) If no details are required to be included in a return under this section
in respect of a candidate, the return-

   (a)  must be given; and

   (b)  must include a statement to the effect that no gifts of a kind
        required to be disclosed were received.