Electoral Reform Act 2022

Amendment of section 61 of Principal Act

192. Section 61 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (2B):

“(2C) A person who—

(a) fails to furnish the statement of election expenses or the statutory declaration referred to in section 56 to the Standards in Public Office Commission,

(b) fails to furnish the presidential election donation statement or make the statutory declaration referred to in section 48 or the statement of an institution, certificate or statutory declaration referred to in section 48B to the Standards in Public Office Commission,

(c) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 47, 48A or 48AA,

(d) (i) fails to remit to the Standards in Public Office Commission a donation the acceptance of which is prohibited by section 47 or 48A(2), or in the case of a donation referred to in section 48A(1) or 48AA(1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission, or

(ii) fails to return to the donor the donation referred to in section 48A(1) or 48AA(1) or that part of the donation exceeding the limit,

shall be guilty of an offence.”,

(b) in subsection (3), by the substitution of the following paragraphs for paragraph (d):

“(d) fails otherwise to comply with the provisions of section 56,

(e) fails to furnish the statement of election expenses or the statutory declaration referred to in section 56 to the Standards in Public Office Commission.”,

(c) in paragraph (b) of subsection (5), by the substitution of “subsection (2)(a), (2)(d), (2)(g), (2A), (2B)(b), (2C), (3)(c) or (3)(e)” for “subsection (2)(d) or (g), subsection (2A), (2B)(b) or subsection (3)(c)”, and

(d) by the substitution of the following subsection for subsection (7):

“(7) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.