Comparison View

Formal Consolidation |  2020 RevEd
Return and declaration respecting election expenses
56.—(1)  Within 31 days after the date of publication of the result of an election in the Gazette, the principal election agent of every candidate at that election must transmit to the Returning Officer a true return (called in this Act the return respecting election expenses), in the prescribed form, containing detailed statements as respects the candidate of —
(a)all payments made by every election agent of the candidate together with all the bills and receipts referred to in section 47(1), which bills and receipts are in this Act included in the expression “return respecting election expenses”, and the dates of payment of all sums for which no receipt is attached;
(b)the amount of personal expenses (if any) paid by the candidate;
(c)the disputed claims so far as any of the election agents of the candidate are aware;
(d)all unpaid claims (if any) of which any of the election agents of the candidate are aware in respect of which application has been made or is about to be made to an Election Judge; and
(e)every donation accepted by every election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received.
(2)  The return respecting election expenses must be signed by the principal election agent and must be accompanied by a statement made by the candidate and his or her principal election agent in the prescribed forms.
(3)  Any candidate or principal election agent who fails to comply with the requirements of subsection (1) or (2) shall be guilty of an illegal practice and the provisions of this section are in addition to and not in derogation of section 42.
(4)  In this section, “donation” has the meaning given by section 3(1) of the Political Donations Act 2000, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.
Informal Consolidation | Amended Act 28 of 2021
Return and declaration respecting election expenses
56.—(1)  Within 31 days after the date of publication of the result of an election in the Gazette, the principal election agent of every candidate at that election must transmit to the Returning Officer a true return (called in this Act the return respecting election expenses), in the prescribed form, containing detailed statements as respects the candidate of —
(a)all payments made by every election agent of the candidate together with all the bills and receipts referred to in section 47(1), which bills and receipts are in this Act included in the expression “return respecting election expenses”, and the dates of payment of all sums for which no receipt is attached;
(b)the amount of personal expenses (if any) paid by the candidate;
(c)the disputed claims so far as any of the election agents of the candidate are aware;
(d)all unpaid claims (if any) of which any of the election agents of the candidate are aware in respect of which application has been made or is about to be made to an Election Judge; and
(e)every donation accepted by every election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received.
(2)  The return respecting election expenses must be signed by the principal election agent and must be accompanied by a statement made by the candidate and his or her principal election agent in the prescribed form.
[Act 9 of 2023 wef 01/06/2023]
(3)  Any candidate or principal election agent who fails to comply with the requirements of subsection (1) or (2) shall be guilty of an illegal practice and the provisions of this section are in addition to and not in derogation of section 42.
(4)  For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act.
[Act 28 of 2021 wef 29/12/2023]
(5)  The Returning Officer may issue one or more guidelines for the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of this section what must be or need not be disclosed in any returns respecting election expenses.
[Act 9 of 2023 wef 01/06/2023]
(6)  In proceedings for an illegal practice under this Act involving any return respecting election expenses —
(a)compliance with a provision of any guideline issued under subsection (5) found by the court, to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or
(b)a contravention of or a failure to comply with, whether by act or omission, any such provision so found,
may be relied on by any party to those proceedings as tending to negative or establish any liability which is in question in those proceedings.
[Act 9 of 2023 wef 01/06/2023]