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Contents

Long Title

Part I PRELIMINARY

Part II DONATIONS TO POLITICAL ASSOCIATIONS

Division 1 — Restrictions on donations

Division 2 — Reporting of donations by political associations

Part III DONATIONS TO CANDIDATES

Division 1 — Restrictions on donations

Division 2 — Declarations and donation reports

Part IV Obligations OF CERTAIN DONORS

Part V OFFENCES

Part VI MISCELLANEOUS

THE SCHEDULE Details to be Given in Donation Reports

Legislative History

Comparative Table

 
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On 25/04/2014, you requested the version in force on 25/04/2014 incorporating all amendments published on or before 25/04/2014. The closest version currently available is that of 02/01/2011.
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Division 1 — Restrictions on donations
Prohibition of donations from impermissible donors
14.
—(1)  Subject to the provisions of this Act, every candidate and his election agent must not accept any donation he receives if —
(a)
it is offered by a person who is not, at the time of its receipt by the candidate or his election agent, a permissible donor; or
(b)
the candidate or his election agent is (whether because the donation is offered anonymously or by reason of any deception or concealment) unable to ascertain the identity of the person offering the donation.
(2)  Nothing in this section shall prohibit a candidate at an election and his election agent, or a candidate at a presidential election and his principal election agent, from accepting during the relevant period anonymous donations less than a total sum of $5,000, or such other prescribed sum.
(3)  In relation to a donation in the form of a bequest, subsection (1)(a) shall be read as referring to an individual who was at death a citizen of Singapore and not less than 21 years of age.
(4)  In this section, “relevant period”, in relation to a candidate and his election agent or (as the case may be) principal election agent, means —
(a)
in the event a writ is issued within 12 months of 15th February 2001, the period beginning on that date and ending on the latest date the candidate’s declaration under section 19 is required by that section to be sent to the Registrar; or
(b)
in any other case, the period beginning on a date 12 months preceding the date the declaration is made by the candidate under section 18 before nomination day at an election or (as the case may be) a presidential election, and ending on the latest date the candidate’s declaration under section 19 is required by that section to be sent to the Registrar after the election or (as the case may be) presidential election.
Return of donations
15.
—(1)  Where a donation is received by a candidate or his election agent and it is not immediately decided that the candidate or election agent should (for whatever reason) refuse the donation, all reasonable steps must be taken without delay by the candidate or election agent to verify or, so far as the following is not apparent, ascertain —
(a)
the identity of the donor;
(b)
whether he or it is a permissible donor; and
(c)
if he or it is a permissible donor, all such details in respect of the donor as are required by the Schedule to be given in respect of a donor of a recordable donation.
(2)  Notwithstanding section 6, if a candidate or his election agent receives a donation which he is prohibited from accepting by virtue of section 14, or which the candidate or his election agent has decided he should for any reason refuse, then —
(a)
in the case of any anonymous donation, the requirements of section 16(1) must be complied with in respect of the whole donation; or
(b)
in any other case, the donation must be sent back, or a payment of an equivalent amount must be sent, to the person who made the donation or any other person appearing to be acting on his behalf,
within a period of 30 days beginning with the date when the donation is so received by the candidate or his election agent, as the case may be.
(3)  For the purposes of this Act, a donation received by a candidate or his election agent shall be taken to have been accepted by the candidate or his election agent unless —
(a)
the steps referred to in subsection (2)(a) or (b), whichever is applicable, have been taken within the time limited by that subsection; and
(b)
a record can be produced of the receipt of the donation and —
(i)
of the required steps being taken in relation to the donation as mentioned in subsection (2)(a); or
(ii)
of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(b).
Return of donations whose donors are unidentifiable
16.
—(1)  Subject to the provisions of this Act, where any anonymous donation is offered to any candidate or his election agent, and section 14 prohibits him from accepting (whether wholly or in part) the donation, the following requirements must be complied with:
(a)
if the donation was transmitted by a person (other than the donor) and the identity of that person is apparent, the whole donation must be returned to that person;
(b)
if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, the whole donation must be returned to that financial institution; or
(c)
in all other cases, the whole donation must be sent to the Registrar.
(2)  Any amount sent to the Registrar in pursuance of subsection (1)(c) shall be paid into the Consolidated Fund.
Forfeiture of donations not made by permissible donors, etc.
17.
—(1)  Where any donation, being a donation which, by virtue of section 14, any candidate or his election agent is prohibited from accepting, is made to a candidate or his election agent and has been accepted by the candidate or his election agent, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the candidate or election agent, as the case may be, of an amount equal to the value of the donation.
(2)  Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the candidate or election agent concerned or the Public Prosecutor, as the case may be, may, before the end of the period of 30 days beginning with the date of the order or refusal to order, appeal to the High Court.
(3)  An appeal under subsection (2) shall be by way of a rehearing; and the High Court hearing such appeal may make such order as it considers appropriate.
(4)  The standard of proof in proceedings under this section shall be that applicable to civil proceedings.
(5)  An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
(6)  Any amount forfeited by an order under this section shall be paid into the Consolidated Fund.
(7)  Where an appeal is made under subsection (2), subsection (6) shall not apply before the appeal is determined or otherwise disposed of.
(8)  Where any amount forfeited by an order of the District Court under subsection (1) or an order of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or High Court, as the case may be, may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the candidate or election agent concerned.
(9)  Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.
(10)  Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance shall be returned to the candidate or election agent concerned.