ECSA

• 2 campaign donation returns – whenever a gift (or multiple gifts from the same donor) is received that totals $500 or more
• Large gift return - whenever a gift (or multiple gifts from the same donor) is received that totals $2,501 or more.

Copies of the disclosure returns for lodgement by candidates are available in the candidate portal under disclosure returns. Each completed return can be lodged on the portal during the allotted time that they are due; these dates are shown in the portal. If you are unable to lodge these via the candidate portal, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..

The Act refers to a ‘gift’, but it effectively means the same as a ‘donation’.

A gift is defined in the Local Government (Elections) Act 1999 (LGEA) as:

• a disposition of property
• made by a person to another person (otherwise than by will)
• 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 or inadequate consideration.

By way of example, if a person gives money to a candidate (without getting anything in return), donates goods or services, or supplies a good or service to a candidate for less than the market or commercial rate, this may constitute a gift.

A ‘disposition of property’ means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:

• the allotment of shares in a company; and
• the creation of a trust in property; and
• the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and
• the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and
• the exercise by a person of a general power of appointment of property in favour of another person; and
• a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person.

The form of return will be provided in the candidate portal with fillable fields to complete, including:

• the total amount or value of all gifts with an amount or value of $500 or more received by the candidate during the disclosure period
• the number of persons who made the gifts
• the amount or value of each gift
• the date on which gift was made
• the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).

The form of return will be provided in the candidate portal with fillable fields to complete, including:

• the amount or value of each gift
• the date on which the gift was made
• the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).

Candidates must lodge a campaign donations return with the Electoral Commissioner.

Candidates must lodge 2 returns:

For a supplementary election:

• the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
• the second campaign donation return must be lodged within 30 days after the conclusion of the election.

A person is a candidate if they have announced their candidacy for an election, if they have nominated as a candidate for an election, or if they are already a member of council standing for election again.

A person is defined as a ‘new candidate’, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council.

No. Although the disclosure period (reporting period) for the second campaign donation return is the same as for the first campaign donation return, gifts already reported in the first campaign donation return do not need to be disclosed again.

There is a requirement to treat 2 or more gifts during the disclosure period as 1 gift, and once the total reaches $500 (for a campaign donation) or $2,501 (for a large gift), that ‘gift’ will be disclosed in the relevant campaign donation return or large gift return.

Yes. You should lodge a NIL return for both.

No. You do not need to report a large gift in a later campaign donations return, if it has already been disclosed.

If it is a private gift, it does not need to be disclosed. A gift is a private gift if it is made to a candidate in a private capacity for their personal use and the candidate has not used and will not use the gift solely or substantially for a purpose related to the election.

No. Whilst the definition of a gift includes the provision of a service, volunteer labour is excluded.

Gifts to candidates are permissible, as long as they are appropriately disclosed (where required) by the candidate. Although the provision of a gift is not an illegal practice, candidates and others are subject to the requirements of s57 of the LGEA which provides that a person who offers or gives a bribe with a view to inducing a person to submit or withdraw candidature, influence votes or otherwise interfere with the election if guilty of an offence.

A bribe includes any pecuniary sum or material advantage including food, drink or entertainment where the value is equal to or more than $20.

It should be noted that it is unlawful to receive a gift of $500 or more unless the required details (name, address, etc) to identify the donor are obtained by the candidate. Records should be kept by the candidate.

No. You do not need to lodge a large gift return unless you receive a gift (or gifts from the same donor) over $2,500.

• Part 14, ss 80-90 of the Local Government (Elections) Act 1999
• Regulation 11A of the Local Government (Elections) Regulations 2010