§ 62 — Disclosing reportable political donations

62.—(1) Subject to this Act, every reportable political donation received and accepted during each reporting period by or on behalf of any politically significant person must be disclosed to a competent authority in accordance with this Division. (2) Disclosure to a competent authority of reportable political donations received and accepted during a reporting period by or on behalf of a politically significant person must be in a donation report relating to the reporting period that —(a)

is in the form required by the competent authority;

(b)

is given to the competent authority within the time delimited by section 63 and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c)

contains the prescribed details of every reportable political donation received and accepted during the reporting period by or on behalf of the politically significant person, and the prescribed particulars of each donor;

(d)

is signed by the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of the politically significant person; and

(e)

is accompanied by a declaration in section 65 made by the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of the politically significant person.

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

“initial pre‑election period”, for a candidate at the first election after the appointed day or such a candidate’s election agent, means —(a)

in the case of an early initial election, the period of 12 months preceding —(i)

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

(ii)

the day which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub‑paragraph (i) is earlier made,

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

(b)

the period of 12 months preceding —(i)

the date a declaration is made by the candidate under section 65 before nomination day at that election; or [Act 8 of 2023 wef 29/12/2023]

(ii)

the day which is 2 clear days before nomination day at that election if no declaration mentioned in sub‑paragraph (i) is earlier made;[Act 8 of 2023 wef 29/12/2023]

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

for a candidate at the first election after the appointed day or such a candidate’s election agent, the following:(i)

the initial pre‑election period of the election;

(ii)

the post‑election period of that election;

(b)

for a candidate at an election other than an election in paragraph (a) or such a candidate’s election agent, the following:(i)

the pre‑election period of the election;

(ii)

the post‑election period of that election; [Act 8 of 2023 wef 29/12/2023]

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

(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 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;

“reporting period” means —(a)

for a candidate at an election or such a candidate’s election agent, the following periods:(i)

the pre‑election period of the election;

(ii)

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 reporting period.

—(1) Subject to this Act, every reportable political donation received and accepted during each reporting period by or on behalf of any politically significant person must be disclosed to a competent authority in accordance with this Division.

(2) Disclosure to a competent authority of reportable political donations received and accepted during a reporting period by or on behalf of a politically significant person must be in a donation report relating to the reporting period that —(a)

is in the form required by the competent authority;

(b)

is given to the competent authority within the time delimited by section 63 and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c)

contains the prescribed details of every reportable political donation received and accepted during the reporting period by or on behalf of the politically significant person, and the prescribed particulars of each donor;

(d)

is signed by the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of the politically significant person; and

(e)

is accompanied by a declaration in section 65 made by the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of the politically significant person.

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

“initial pre‑election period”, for a candidate at the first election after the appointed day or such a candidate’s election agent, means —(a)

in the case of an early initial election, the period of 12 months preceding —(i)

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

(ii)

the day which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub‑paragraph (i) is earlier made,

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

(b)

the period of 12 months preceding —(i)

the date a declaration is made by the candidate under section 65 before nomination day at that election; or [Act 8 of 2023 wef 29/12/2023]

(ii)

the day which is 2 clear days before nomination day at that election if no declaration mentioned in sub‑paragraph (i) is earlier made;[Act 8 of 2023 wef 29/12/2023]

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

for a candidate at the first election after the appointed day or such a candidate’s election agent, the following:(i)

the initial pre‑election period of the election;

(ii)

the post‑election period of that election;

(b)

for a candidate at an election other than an election in paragraph (a) or such a candidate’s election agent, the following:(i)

the pre‑election period of the election;

(ii)

the post‑election period of that election; [Act 8 of 2023 wef 29/12/2023]

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

(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 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;

“reporting period” means —(a)

for a candidate at an election or such a candidate’s election agent, the following periods:(i)

the pre‑election period of the election;

(ii)

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 reporting period.