Victorian Consolidated Legislation

Local Government Act 1989 - SECT 62B

Certain gifts not to be accepted

62B. Certain gifts not to be accepted



(1) It is unlawful for a Councillor or a person acting on behalf of a
Councillor to receive during the donation period a gift made to or for the
benefit of the Councillor, being a gift the amount or value of which is equal
to or exceeds $200 unless-

   (a)  the name and address of the person making the gift are known to the
        person receiving the gift; or

   (b)  at the time when the gift is made-

   (i)  the person making the gift gives to the person receiving the gift the
        person's name and address; and

   (ii) the person receiving the gift has no grounds to believe that the name
        and address so given are not the true name and address of the person
        making the gift.

(2) It is unlawful for a candidate or a person acting on behalf of a candidate
to receive during the donation period a gift made to or for the benefit of the
candidate, being a gift the amount or value of which is equal to or exceeds
$200 unless-

   (a)  the name and address of the person making the gift are known to the
        person receiving the gift; or

   (b)  at the time when the gift is made-

   (i)  the person making the gift gives to the person receiving the gift the
        person's name and address; and

   (ii) the person receiving the gift has no grounds to believe that the name
        and address so given are not the true name and address of the person
        making the gift.

(3) The references in subsections (1) and (2) to a gift made by a person
includes a reference to a gift made on behalf of the members of an
unincorporated association.

(4) A reference in subsection (1) or (2) to the name and address of a person
making a gift is-

   (a)  in the case of a gift made on behalf of the members of an
        unincorporated association, a reference to-

   (i)  the name of the association; and

   (ii) the names and addresses of the members of the executive committee
        (however described) of the association; and

   (b)  in the case of a gift purportedly made out of a trust fund or out of
        the funds of a foundation, a reference to-

   (i)  the names and addresses of the trustees of the fund or of the funds of
        the foundation; and

   (ii) the title or other description of the trust fund or the name of the
        foundation.

(5) For the purposes of subsection (2), a person who is a candidate in an
election is to be taken to remain a candidate for 30 days after the election
day in the election.

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

(7) 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.

(8) If a person receives a gift that, by virtue of this section, it is
unlawful for the person to receive, an amount equal to twice the amount or
value of the gift is forfeited to the State.

(9) An amount forfeited under subsection (8) may be recovered against the
Councillor or candidate.

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