§ 58 — Applicable cap on anonymous political donations

58.—(1) Despite section 57, a politically significant person may accept —(a)

during the initial relevant period for that politically significant person; and

(b)

during each subsequent relevant period for that politically significant person,

anonymous political donations which in total are less than the applicable cap on anonymous political donations for that politically significant person.

(2) The applicable cap on anonymous political donations is as follows:(a)

in the case of a political party, candidate or an election agent — $5,000 (or a higher amount prescribed by Regulations in substitution);

(b)

in the case of a political office holder — $5,000 (or a higher amount prescribed by Regulations in substitution);

(c)

in the case of a Member of Parliament who is not a political office holder — $5,000 (or a higher amount prescribed by Regulations in substitution);

(d)

in the case of a Part 4 politically significant person given an anonymous donations directive — $5,000 (or a higher amount prescribed by Regulations in substitution).

(3) In this section —“appointed day” means the date of commencement of this section;

“initial relevant period”, for a politically significant person, means —(a)

for a candidate at an early initial election or such a candidate’s election agent, the period —(i)

starting on a date 12 months preceding —(A)

the date a declaration is made by the candidate under section 65 before nomination day at that early initial election; or

(B)

a date which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub‑paragraph (A) is earlier made; and

(ii)

ending on (and including) the last day of the post‑election period of the early initial election,

even though this section may not have been in force during any part of the period;

(b)

for a candidate at the first election after the appointed day (other than an early initial election) or such a candidate’s election agent, the period —(i)

starting on a date 12 months preceding —(A)

the date a declaration is made by the candidate under section 65 before nomination day at that election; or

(B)

a date which is 2 clear days before nomination day at that election if no declaration mentioned in sub‑paragraph (A) is earlier made; and

(ii)

ending on (and including) the last day of the post‑election period of that election;

(c)

for a political party —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the political party is constituted on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

(d)

for a political office holder, a senior political party official or a Member of Parliament (whether or not a political office holder) —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the person first becomes a political office holder, a senior political party official or a Member of Parliament (as the case may be) on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;[Act 8 of 2023 wef 29/12/2023]

(e)

for a Part 4 politically significant entity —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the entity first becomes a politically significant entity on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts; or

(f)

for an individual who is designated under section 48(1) as a politically significant person —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the person is first designated a politically significant person on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

“relevant period” means —(a)

for a candidate at an election or such a candidate’s election agent, the period —(i)

starting on the first day of the pre‑election period of the election; and

(ii)

ending on (and including) the last day of the post‑election period of the election; or

(b)

for any other politically significant person, the period of 12 months starting 1 January and ending 31 December in any year,

and includes an initial relevant period.

—(1) Despite section 57, a politically significant person may accept —(a)

during the initial relevant period for that politically significant person; and

(b)

during each subsequent relevant period for that politically significant person,

anonymous political donations which in total are less than the applicable cap on anonymous political donations for that politically significant person.

(2) The applicable cap on anonymous political donations is as follows:(a)

in the case of a political party, candidate or an election agent — $5,000 (or a higher amount prescribed by Regulations in substitution);

(b)

in the case of a political office holder — $5,000 (or a higher amount prescribed by Regulations in substitution);

(c)

in the case of a Member of Parliament who is not a political office holder — $5,000 (or a higher amount prescribed by Regulations in substitution);

(d)

in the case of a Part 4 politically significant person given an anonymous donations directive — $5,000 (or a higher amount prescribed by Regulations in substitution).

(3) In this section —“appointed day” means the date of commencement of this section;

“initial relevant period”, for a politically significant person, means —(a)

for a candidate at an early initial election or such a candidate’s election agent, the period —(i)

starting on a date 12 months preceding —(A)

the date a declaration is made by the candidate under section 65 before nomination day at that early initial election; or

(B)

a date which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub‑paragraph (A) is earlier made; and

(ii)

ending on (and including) the last day of the post‑election period of the early initial election,

even though this section may not have been in force during any part of the period;

(b)

for a candidate at the first election after the appointed day (other than an early initial election) or such a candidate’s election agent, the period —(i)

starting on a date 12 months preceding —(A)

the date a declaration is made by the candidate under section 65 before nomination day at that election; or

(B)

a date which is 2 clear days before nomination day at that election if no declaration mentioned in sub‑paragraph (A) is earlier made; and

(ii)

ending on (and including) the last day of the post‑election period of that election;

(c)

for a political party —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the political party is constituted on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

(d)

for a political office holder, a senior political party official or a Member of Parliament (whether or not a political office holder) —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the person first becomes a political office holder, a senior political party official or a Member of Parliament (as the case may be) on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;[Act 8 of 2023 wef 29/12/2023]

(e)

for a Part 4 politically significant entity —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the entity first becomes a politically significant entity on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts; or

(f)

for an individual who is designated under section 48(1) as a politically significant person —(i)

the period starting on the appointed day and ending on (and including) 31 December of the same year the appointed day falls; or

(ii)

the period starting on the day the person is first designated a politically significant person on or after the appointed day, and ending on (and including) 31 December of the same year in which the period starts;

“relevant period” means —(a)

for a candidate at an election or such a candidate’s election agent, the period —(i)

starting on the first day of the pre‑election period of the election; and

(ii)

ending on (and including) the last day of the post‑election period of the election; or

(b)

for any other politically significant person, the period of 12 months starting 1 January and ending 31 December in any year,

and includes an initial relevant period.