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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(Introduced by Dr Gallop MLA)
LOCAL GOVERNMENT
(POLITICAL DONATIONS AND
ELECTORAL EXPENDITURE)
AMENDMENT BILL 1997
A BILL FOR
AN ACT to amend the Local Government Act 1995.
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Local Government (Political
Donations And Electoral Expenditure) Amendment Act 1997.
5 Commencement
2. This Act shall come into operation on such day as is fixed by
proclamation.
No. 108 -- 1
Local Government (Political Donations and
cl. 3 Electoral Expenditure) Amendment
Bill 1997
Principal Act
3. In this Act the Local Government Act 1995* is referred to as
the principal Act.
[*For subsequent amendments see 1996 Index to Legislation of
5 Western Australia at page 1-136.]
Section 4.1 amended
4. Section 4.1 of the principal Act is amended by inserting at
the appropriate places by alphabetical order the following
definitions --
10 `` ``approved'' means approved by the Electoral
Commissioner;
``disclosure period'' for an election (``the
relevant election'') is the period that --
(a) commenced one year before the polling day
15 in the relevant election; and
(b) ended 30 days after polling day in the
relevant election;
``disposition of property'' has the same
meaning as the term is given in section 175 of
20 the Electoral Act 1907;
``donation'' includes a gift;
``electoral expenditure'' --
(a) has the same meaning as the term is given
in section 175 of the Electoral Act 1907;
25 and includes
2
Local Government (Political Donations and
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(b) any expenditure classified as expenditure
by the Electoral Commissioner by notice
published in the Government Gazette;
``electoral matter'' means matter that is
5 intended, calculated or likely to affect voting in
an election;
``gift'' means --
(a) any disposition of property made by a
person to another person, otherwise than
10 by will, being a disposition made without
consideration in money or money's worth or
with inadequate consideration, and
includes the provision of a service (other
than volunteer labour) for no consideration;
15 and
(b) for the purposes of this Part, the amount or
value of a gift consisting of or including a
disposition of property other than money
shall be calculated in accordance with
20 principles determined and published in the
Government Gazette by the Electoral
Commissioner;
``journal'' means a newspaper, magazine or
other periodical, whether published for sale or
25 for distribution without charge;
``person'' includes --
(a) a public body, company, or association or
body of persons, corporate or unincorporate;
and
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Local Government (Political Donations and
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Bill 1997
(b) for the purposes of this Part --
(i) a body corporate and any other body
corporate that is related to the first-
mentioned body corporate shall be
5 deemed to be the same person; and
(ii) the question whether a body corporate
is related to another body corporate
shall be determined in the same
manner as the question whether a
10 corporation is related to another
corporation is determined under the
Corporations Law;
``property'' includes money;
``relevant details'' in relation to a gift are the
15 amount or value of the gift, the date on which
the gift was made, and --
(a) in the case of a gift made to or on behalf of
the members of an unincorporated
association --
20 (i) the name of the association; and
(ii) the names and addresses of the
members of the executive committee
(however described) of the association;
(b) in the case of a gift purportedly paid into or
25 made out of a trust fund or paid into or out
of the funds of a foundation --
(i) the names and addresses of the
trustees of the fund or of the funds of
the foundation and of the person for
4
Local Government (Political Donations and
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whose benefit the fund or funds are
held; and
(ii) the title or other description of the
trust fund or the name of the
5 foundation, as the case requires; and
(c) in any other case, the name and address of
the person who made the gift;
``specified amount'' means $200 or such
greater amount as is determined and published
10 in the Government Gazette by the Electoral
Commissioner;
''.
New section 4.100
5. The principal Act is amended by inserting after section 4.99
15 the following --
``
Division 13 - Political Donations And Electoral
Expenditure
Candidates must disclose donations after an election
20 4.100 (1) A candidate in an election shall within 8
weeks after polling day in the election lodge a return
with the Electoral Commissioner in an approved form
setting out --
(a) the total amount or value of all gifts;
25 (b) the number of persons who made gifts; and
5
Local Government (Political Donations and
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(c) subject to subsection (2), the relevant
details of each gift,
received by the candidate during the disclosure period
for the election.
5 (2) The return does not have to set out the relevant
details of a gift or gifts if --
(a) the amount or value of the gift; or
(b) where 2 or more gifts each of $50 or more
are received from the same donor, the
10 aggregated amount or value of those gifts,
is less than the specified amount.
Other persons who incur expenditure for
political purposes must disclose donations after
an election
15 4.101 (1) Where a person (not being a candidate)
incurs expenditure for a political purpose during the
disclosure period for an election, the person shall,
within 8 weeks after polling day in the election, lodge
a return with the Electoral Commissioner in an
20 approved form setting out the relevant details of all
gifts received by the person during that disclosure
period.
6
Local Government (Political Donations and
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(2) The return does not have to set out the relevant
details of a gift unless --
(a) the whole or part of the gift was used by
the person --
5 (i) to incur expenditure for a political
purpose; or
(ii) to reimburse the person for incurring
expenditure for a political purpose,
and
10 (b) the amount or value of the gift was not less
than the specified amount.
(3) A person does not have to lodge a return under
subsection (1) if the total amount of expenditure
incurred by the person for political purposes during
15 the disclosure period for an election is less than the
specified amount.
(4) In this section a reference to the incurring of
expenditure for a political purpose shall be read as a
reference to the incurring of expenditure in connection
20 with, or by way of --
(a) publication by any means (including radio
or television) of electoral matter;
(b) by any other means publicly expressing
views on an issue in an election;
25 (c) the making of a gift to a candidate in an
election; or
(d) the making of a gift to a person on the
understanding that that person or another
7
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person will apply, either directly or
indirectly, the whole or a part of the gift as
mentioned in paragraph (a), (b) or (c).
(5) For the purposes of subsection (2), 2 or more
5 gifts made by the same person to another person
during the disclosure period for an election shall be
taken to be one gift.
Certain anonymous donations must not be
accepted
10 4.102 (1) It is unlawful for --
(a) a candidate in an election or a person
acting on behalf of a candidate in an
election to receive a gift made to or for the
benefit of the candidate by another person,
15 being a gift the amount or value of which is
equal to or exceeds the specified amount; or
(b) a person (not being a candidate) to receive
a gift made to or for the benefit of the
person for the purpose of the incurring of
20 expenditure for a political purpose, being a
gift the amount or value of which is equal
to or exceeds the specified amount,
unless the name and address of the person making the
gift (``the donor'') are known to the person receiving
25 the gift (``the recipient'') or, at the time when the gift
is made, the name and address of the donor are given
to the recipient and the recipient has no grounds to
believe that the name and address so given are not
the true name and address of the donor.
8
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(2) A reference in subsection (1) 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,
5 a reference to --
(i) the name of the association; and
(ii) the names and addresses of the
executive committee (however
described) of the association; and
10 (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
15 the foundation and of the person for
whose benefit the fund or funds are
held; and
(ii) the title or other description of the
trust fund or the name of the
20 foundation, as the case requires.
(3) For the purposes of subsection (1) --
(a) a candidate in an election shall be taken to
remain a candidate for 30 days after polling
day in the election;
25 (b) 2 or more gifts made in the disclosure
period by the same person to or for the
benefit of a candidate or other person (not
being a candidate) shall be taken to be one
gift;
9
Local Government (Political Donations and
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(c) a reference to the incurring of expenditure
for a political purpose shall be read in
accordance with section 4.101 (4) and a
reference to a gift made for the purpose of
5 incurring such expenditure includes a
reference to a gift the whole or part of
which is used for that purpose.
(4) Where a person receives a gift and, by virtue of
subsection (1), it is unlawful for the person to receive
10 that gift, an amount equal to the amount or value of
the gift is payable by that person to the State and
may be recovered by the State as a debt due to the
State by action, in a court of competent jurisdiction,
against --
15 (a) in the case of a gift to or for the benefit of a
candidate - the candidate; or
(b) in the case of a gift to a person (not being a
candidate) - that person.
Returns of electoral expenditure
20 4.103 (1) A candidate in an election shall, before the
expiration of 8 weeks after the polling day in the
election, furnish to the Electoral Commissioner a
return, in an approved form, setting out details of all
electoral expenditure in relation to the election
25 incurred by or with the authority of the candidate.
(2) Where electoral expenditure in relation to an
election was incurred by or with the authority of a
person and that expenditure was not incurred with
the written authority of a candidate in the election,
30 the person shall, before the expiration of 8 weeks after
the polling day in the election, furnish to the Electoral
10
Local Government (Political Donations and
Electoral Expenditure) Amendment cl. 5
Bill 1997
Commissioner a return, in an approved form, setting
out details of that electoral expenditure.
(3) A person is not required to furnish a return
under subsection (2) in respect of an election if the
5 total amount of the electoral expenditure incurred in
relation to the election by or with the authority of the
person does not exceed the specified amount.
Offences
4.104 (1) Where a person is required to lodge a
10 return under this Division and that candidate --
(a) fails to lodge the return within the time
required; or
(b) lodges a return that is --
(i) incomplete; or
15 (ii) contains particulars that are, to the
person's knowledge, false or
misleading in a material particular,
the person commits an offence and is liable to a fine
not exceeding $1500.
20 (2) Where a person is required to lodge a return
under this Division within a particular period and the
person fails to lodge the return within that period --
(i) the obligation to lodge the return continues
notwithstanding that that period has
25 expired;
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(ii) where the person is convicted of an offence
that is constituted by failure to lodge the
return within that period, that person
commits a separate and further offence in
5 respect of each day after the day of the
conviction during which the failure to lodge
a return continues; and
(iii) the penalty applicable to each separate and
further offence is a fine not exceeding $150.
10 (3) Charges against the same person for any
number of offences under subsection (2)(ii) may be
joined in the same complaint and if a person is
convicted of more than one offence under that
subsection the court may impose a penalty in respect
15 of all offences of which the person is so convicted but
that penalty shall not exceed the sum of the maximum
penalties that could be imposed if a penalty were
imposed in respect of each offence separately.
Certain provisions of Electoral Act 1907 apply
20 4.105 Section 175V, 175W, 175X and 175ZB of the
Electoral Act 1907 have effect as if those sections were
enacted in this Division and for the purposes of this
section those sections are to be read mutatis mutandis
as if --
25 (a) reference to ``section 175R(5)'' was a
reference to ``section 4.102(4)'';
(b) references to ``this Part'' were references to
``this Division'';
(c) references to ``section 175U'' were
30 references to ``section 4.104'';
12
Local Government (Political Donations and
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Bill 1997
(d) reference to ``Division 3 or 4'' was a
reference to ``this Division'';
(e) references to ``section 175U(2)'' were
references to ``section 4.104 (1)(b)(i)''; and
5 (f) reference to ``section 175U(2),(3) or (4)'' was
a reference to ``section 4.104 (1) (b)''.
Public may obtain copies of returns
4.106 (1) The Electoral Commissioner shall keep a
copy of each return under this Division at the
10 principal office of the Western Australian Electoral
Commission.
(2) A person is entitled --
(a) to peruse a copy of a return kept under
subsection (1);
15 (b) on payment of a fee determined by the
Electoral Commissioner to cover the cost of
copying, to obtain a copy of a return a copy
of which is kept under subsection (1),
at any time after the end of 4 weeks after the end of
20 the period during which the return was required to be
lodged.
Non-compliance with this Division does not
affect election
4.107 (1) A failure of a person to comply with a
25 provision of this Division in relation to an election
does not invalidate the election.
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Local Government (Political Donations and
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(2) If a candidate who is elected at an election fails
to comply with a provision of this Division in relation
to the election, that failure does not invalidate the
election of the candidate.
5 Regulations
4.108 (1) The Governor may make regulations
prescribing all matters that are required or permitted
by this Division to be prescribed for giving effect to
the purposes of this Division and, in particular --
10 (a) prescribing the manner in which the
Electoral Commissioner is to determine and
publish the specified amount for the
purposes of this Division;
(b) requiring the making, keeping and auditing
15 of records of --
(i) donations received in respect of
elections by candidates and persons
(not being candidates); and
(ii) electoral expenditure incurred in
20 respect of elections by candidates and
persons (not being candidates),
and requiring or otherwise providing for
the production, examination and copying of
those records; and
25 (c) providing that contravention of a regulation
under this Division constitutes an offence
and providing for penalties not exceeding a
fine of $3 000 for offences against such
regulations.
14
Local Government (Political Donations and
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(2) The regulations referred to in subsection (1)
(a) --
(a) shall provide for the specified amount to be
determined in a manner that incorporates
5 any increase in the amount of $200 that is
appropriate to reflect the movements that
occur after the commencement of this
Division in the Consumer Price Index, All
Groups Index number for Perth, published
10 from time to time by the Commonwealth
Statistician under the Census and Statistics
Act 1905 of the Commonwealth; but
(b) may provide for such adjustment to be
increased or decreased by an amount of not
15 more than $50 in order to ensure that the
specified amount continues to be a multiple
of $100.
''.
15
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