§ 70 — Major political donor reporting

70.—(1) Subject to this Act, a person (not being a politically significant person) who in any single year makes one or more political donations —(a)

all of which are accepted by or on behalf of any one of the following:(i)

a political party;

(ii)

a Part 4 politically significant person given a prohibited donor directive; and

(b)

the total value of which is not less than the threshold reporting value,

must disclose the donations to a competent authority in accordance with this section.

(2) Disclosure to a competent authority of political donations made in a single year and accepted by or on behalf of a politically significant person mentioned in subsection (1) must be in a major political donor’s donation report relating to the year that —(a)

is in the form required by the competent authority;

(b)

is given to the competent authority —(i)

no later than 31 January of the year following that in which the donations were made; and

(ii)

in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c)

contains the following particulars:(i)

the total value of the political donations, the year in which and date when they were made;

(ii)

the name of the politically significant person to which they were made;

(iii)

the full name and address of the donor and such other details in respect of the donor as are required by the Regulations to be given in respect of a major political donor;

(d)

is signed by the donor; and

(e)

is accompanied by a declaration in subsection (3).

(3) Subject to this Act, every major political donor’s donation report required by subsection (1) must be accompanied by a declaration —(a)

made by the major political donor concerned or, in the case of a major political donor that is not an individual, on behalf of the major political donor by —(i)

the individuals for the time being holding the offices of chairperson, managing director and company secretary, respectively, of the body corporate, or any positions analogous to those offices; or

(ii)

the individuals for the time being holding the offices of president, secretary and treasurer, respectively, of the committee of an unincorporated association, or any positions analogous to those offices; and

(b)

containing a statement that, to the best of the knowledge and belief of the major political donor or every person in paragraph (a)(i) or (ii) (as the case may be) —(i)

political donations whose total value was that specified in the report were made by the major political donor to the specified politically significant person during the specified year; and

(ii)

no other political donations were made by the major political donor to that politically significant person during that same year.

(4) The threshold reporting value for the purposes of subsection (1)(b) is $10,000, or a higher amount prescribed by Regulations in substitution.

(5) A major political donor who —(a)

gives the competent authority a major political donor’s donation report required by subsection (1) which does not comply with subsection (2)(a), (c), (d) or (e);

(b)

fails to give the competent authority such donation report in accordance with subsection (2)(b); or

(c)

knowingly or recklessly makes a false declaration under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

—(1) Subject to this Act, a person (not being a politically significant person) who in any single year makes one or more political donations —(a)

all of which are accepted by or on behalf of any one of the following:(i)

a political party;

(ii)

a Part 4 politically significant person given a prohibited donor directive; and

(b)

the total value of which is not less than the threshold reporting value,

must disclose the donations to a competent authority in accordance with this section.

(2) Disclosure to a competent authority of political donations made in a single year and accepted by or on behalf of a politically significant person mentioned in subsection (1) must be in a major political donor’s donation report relating to the year that —(a)

is in the form required by the competent authority;

(b)

is given to the competent authority —(i)

no later than 31 January of the year following that in which the donations were made; and

(ii)

in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c)

contains the following particulars:(i)

the total value of the political donations, the year in which and date when they were made;

(ii)

the name of the politically significant person to which they were made;

(iii)

the full name and address of the donor and such other details in respect of the donor as are required by the Regulations to be given in respect of a major political donor;

(d)

is signed by the donor; and

(e)

is accompanied by a declaration in subsection (3).

(3) Subject to this Act, every major political donor’s donation report required by subsection (1) must be accompanied by a declaration —(a)

made by the major political donor concerned or, in the case of a major political donor that is not an individual, on behalf of the major political donor by —(i)

the individuals for the time being holding the offices of chairperson, managing director and company secretary, respectively, of the body corporate, or any positions analogous to those offices; or

(ii)

the individuals for the time being holding the offices of president, secretary and treasurer, respectively, of the committee of an unincorporated association, or any positions analogous to those offices; and

(b)

containing a statement that, to the best of the knowledge and belief of the major political donor or every person in paragraph (a)(i) or (ii) (as the case may be) —(i)

political donations whose total value was that specified in the report were made by the major political donor to the specified politically significant person during the specified year; and

(ii)

no other political donations were made by the major political donor to that politically significant person during that same year.

(4) The threshold reporting value for the purposes of subsection (1)(b) is $10,000, or a higher amount prescribed by Regulations in substitution.

(5) A major political donor who —(a)

gives the competent authority a major political donor’s donation report required by subsection (1) which does not comply with subsection (2)(a), (c), (d) or (e);

(b)

fails to give the competent authority such donation report in accordance with subsection (2)(b); or

(c)

knowingly or recklessly makes a false declaration under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.