Candidates in local government elections have legislative obligations for the disclosure of gifts leading up to the local government elections.
Requirements
The Local Government (Elections) Regulations 1997 requires both candidates and donors to make disclosures of gifts with a value of $300 or more that was given or promised to candidates during the specified disclosure period.
Electoral gifts inclusions
A ‘gift’ means a disposition of property, or the conferral of any financial benefit, made by one person in favour of another. It can include:
- a gift of money
- a gift which is non-monetary but of value
- a gift in kind or where there is inadequate financial consideration such as the receipt of a discount (where the difference or the discount is worth more than $300)
- a financial or other contribution to travel
- the provision of a service for no consideration or for inadequate consideration
- a firm promise or agreement to give a gift at some future time.
It is important to note that a gift could be one or more gifts from the same donor that has a combined value of $300 or more.
Disclosure period
Within three days of nomination, any candidate in a local government election will need to disclose any gifts received within the disclosure period. The disclosure period commences six months prior to the Election Day. The disclosure period finishes three days after Election Day (for unsuccessful candidates) and on the start day for financial interest returns for successful candidates.
How a disclosure is made
All disclosures are to be made on the approved form and delivered to the Chief Executive Officer within three days of receiving the gift, once your candidate nomination has been made to the Returning Officer.
Electoral gifts register
The City maintains an electoral gifts register that details certain information of electoral gift declarations made by candidates and donors during local government elections. Following each election, any declarations made by unsuccessful candidates are removed from the register. Any declarations made by candidates that are successful in being elected to Office, are maintained in the register for the term relating to that election.