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§ 65 — Accompanying declaration to donation report
65.—(1) Subject to this Act, every donation report required by section 62 in relation to a politically significant person must be accompanied by a declaration —(a)
made by every person who is, under section 64, responsible for making disclosure of reportable political donations received and accepted by the politically significant person in the reporting period to which the donation report relates; and
(b)
containing the statements described in subsection (2) or (3).
(2) The declaration which must accompany a donation report for a Part 4 politically significant person must contain a statement stating, to the best of the knowledge and belief of every person who is, under section 64, responsible for making disclosure of reportable political donations for the Part 4 politically significant person —(a)
if no prohibited donor directive, anonymous donations directive or political donations fund directive has been given under section 67, 68 or 69 for the reporting period to which the report relates, that during that reporting period no other reportable political donations have been accepted by the Part 4 politically significant person;
(b)
if a prohibited donor directive has been given for the reporting period to which the report relates, that during that reporting period —(i)
no political donation from a prohibited donor in relation to the Part 4 politically significant entity has been so accepted by the Part 4 politically significant person; and
(ii)
no other reportable political donations have been accepted by the Part 4 politically significant person;
(c)
if an anonymous donations directive has been given for the reporting period to which the report relates, that during that reporting period —(i)
no anonymous political donation in excess of the applicable cap on anonymous political donations in section 58(2)(d) has been accepted by the Part 4 politically significant person; and
(ii)
no other reportable political donations have been accepted by the Part 4 politically significant person; or
(d)
if a political donations fund directive has been given for the reporting period to which the report relates, that during that reporting period —(i)
all political donations in cash which are accepted by the Part 4 politically significant person during the reporting period to which the donation report relates have been paid into a political donations fund; and
(ii)
no other reportable political donations have been accepted by that Part 4 politically significant person.
(3) The declaration which must accompany a donation report for any other politically significant person must contain a statement stating, to the best of the knowledge and belief of every person who is, under section 64, responsible for making disclosure of reportable political donations for the politically significant person, that —(a)
all political donations recorded in the donation report as having been accepted by the politically significant person in the reporting period to which the donation report relates are from permissible donors;
(b)
all political donations in cash which are accepted by the politically significant person during the reporting period to which the donation report relates have been paid into a political donations fund; and
(c)
during the reporting period to which the donation report relates —(i)
no other reportable political donations have been accepted by the politically significant person;
(ii)
no anonymous political donation in excess of the applicable cap on anonymous political donations has been accepted by the politically significant person; and
(iii)
no political donation from a donor who is not a permissible donor has been so accepted by the politically significant person.[Act 8 of 2023 wef 29/12/2023]
—(1) Subject to this Act, every donation report required by section 62 in relation to a politically significant person must be accompanied by a declaration —(a)
made by every person who is, under section 64, responsible for making disclosure of reportable political donations received and accepted by the politically significant person in the reporting period to which the donation report relates; and
(b)
containing the statements described in subsection (2) or (3).
(2) The declaration which must accompany a donation report for a Part 4 politically significant person must contain a statement stating, to the best of the knowledge and belief of every person who is, under section 64, responsible for making disclosure of reportable political donations for the Part 4 politically significant person —(a)
if no prohibited donor directive, anonymous donations directive or political donations fund directive has been given under section 67, 68 or 69 for the reporting period to which the report relates, that during that reporting period no other reportable political donations have been accepted by the Part 4 politically significant person;
(b)
if a prohibited donor directive has been given for the reporting period to which the report relates, that during that reporting period —(i)
no political donation from a prohibited donor in relation to the Part 4 politically significant entity has been so accepted by the Part 4 politically significant person; and
(ii)
no other reportable political donations have been accepted by the Part 4 politically significant person;
(c)
if an anonymous donations directive has been given for the reporting period to which the report relates, that during that reporting period —(i)
no anonymous political donation in excess of the applicable cap on anonymous political donations in section 58(2)(d) has been accepted by the Part 4 politically significant person; and
(ii)
no other reportable political donations have been accepted by the Part 4 politically significant person; or
(d)
if a political donations fund directive has been given for the reporting period to which the report relates, that during that reporting period —(i)
all political donations in cash which are accepted by the Part 4 politically significant person during the reporting period to which the donation report relates have been paid into a political donations fund; and
(ii)
no other reportable political donations have been accepted by that Part 4 politically significant person.
(3) The declaration which must accompany a donation report for any other politically significant person must contain a statement stating, to the best of the knowledge and belief of every person who is, under section 64, responsible for making disclosure of reportable political donations for the politically significant person, that —(a)
all political donations recorded in the donation report as having been accepted by the politically significant person in the reporting period to which the donation report relates are from permissible donors;
(b)
all political donations in cash which are accepted by the politically significant person during the reporting period to which the donation report relates have been paid into a political donations fund; and
(c)
during the reporting period to which the donation report relates —(i)
no other reportable political donations have been accepted by the politically significant person;
(ii)
no anonymous political donation in excess of the applicable cap on anonymous political donations has been accepted by the politically significant person; and
(iii)
no political donation from a donor who is not a permissible donor has been so accepted by the politically significant person.[Act 8 of 2023 wef 29/12/2023]
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