Local Government (Elections) Regulations 1997

Electoral Gifts

The Local Government Act and Elections Regulations require that gifts made to a candidate for election to Council must be declared.

The Regulations stipulate that –

BOTH candidate and donor must declare the gift

  • the requirements is on all candidates, regardless of whether or not they are a current councillor
  • gifts of more than $200 must be declared
    • includes the promise of a gift before it is actually received
    • gift is not only financial but includes an item or service
    • the value of a “heavy discount” is considered to be gift
    • if the total value of gifts from one source exceeds $200, all gifts received must be declared
  • exceptions – disclosure is not required if it is –
    • from a relative as defined by the Local Government Act
    • left to you in a will
    • unrelated to the election
    • volunteer labour
  • the disclosure period starts 6 months prior to the election and finishes 3 days afterwards –
  • disclosuree of gifts received or promised for an election must in writing to the CEO –
    • within 3 business days of nomination –
    • after nomination, within 3 days of receipt or promise of the gift
  • the Regulations list the mandatory information that is to be notified to the CEO –
    • the CEO is to record the details in an Electoral Gifts Register
    • the Electoral Gifts Register is open to public inspection, but does not have to be placed on the website

Penalties of up to $5,000 apply to some offences

In effect, if you are interested in nominating as a candidate for the next election, you need to be recording any gifts received for election purposes, as stipulated above.  If you decide not to continue, no disclosure is required.  If you do decide to continue, these early gifts must be disclosed within 3 days of nomination.

Aaron Cook
Chief Executive Officer