South Australian Numbered Acts South Australian Numbered Acts181—Insertion of sections 81A and 81B
After section 81 insert:
81A—Large gifts returns
(1) If—
(a) a candidate for election to an office of a council receives a gift or gifts from a person during the disclosure period; and
(b) the total amount or value of the gift or gifts is more than the prescribed amount,
the candidate must, within the prescribed period, furnish a return to the returning officer.
(2) A large gifts return must set out—
(a) the amount or value of each gift; and
(b) the date on which each gift was made; and
(c) —
(i) if the gift or gifts were made on behalf of the members of an unincorporated association—
(A) the name of the association; and
(B) the names and addresses of the members of the executive committee (however described) of the association; or
(ii) if the gift or gifts were purportedly made out of a trust fund or out of the funds of a foundation—
(A) the names and addresses of the trustees of the fund or of the funds of the foundation; and
(B) the title or other description of the trust fund or the name of the foundation, as the case requires; or
(iii) in any other case—the name and address of the person who made the gift or gifts.
(3) A large gifts return need not be furnished in respect of a private gift made to the candidate.
81B—Disclosure period etc for returns
For the purposes of sections 81 and 81A—
(a) the "disclosure period" is the period that commenced—
(i) in relation to a candidate in an election who was a new candidate (other than a candidate referred to in subparagraph (ii)
)—on the day on which the person announced that they would be a candidate in the election or on the day on which the person's nomination as a candidate was lodged with the returning officer, whichever was the earlier; or
(ii) in relation to a candidate in an election who was a new candidate and when they became a candidate in the election was a member of the council by virtue of having been appointed under Chapter 3 of the Local Government Act 1999
—on the day on which the person was so appointed as a member of the council; or
(iii) in relation to a candidate in an election who was not a new candidate—at the end of 21 days after polling day for the last preceding election in which the person was a candidate,
and that ended, in any of the above cases, at the end of 21 days after polling day for the election; and
(b) a candidate is 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; and
(c) two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as 1 gift; and
(d) a gift made to a candidate is a "private gift" if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.