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1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    Ban applies to donations from a foreign government, inter-governmental organisation or non governmental organisation, a company, body corporate or any other entity and also from persons who are not a Fijian citizen or a former Fijian citizen

  • Source

     

     

    21 (I) The sources of funds for a political party shall only be from—

    • membership fees:
    • voluntary contributions, donations, bequests and grants from a lawful source, not being from a foreign government. intergovernmental or non-governmental organisation; and
    • the proceeds of any investment, project or undertaking in which the political party has an interest.

    Article 21, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

    (3) Any person who is not a Fijian citizen or a former Fijian citizen, shall not make a political donation to any political party or candidate for election to Parliament

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    Ban applies to donations from a foreign government, inter-governmental organisation or non governmental organisation, a company, body corporate or any other entity and also from persons who are not a Fijian citizen or a former Fijian citizen

  • Source

     

    2) The sources of funds for an independent candidate shall only be from--

    • voluntary contributions. donations, bequests and grants from a lawful source, not being from a foreign government, intergovernmentai or non-governmental organisation; and
    • the proceeds of any investment, project, or undertaking in which the independent candidate has an interest.

    Source: Article  21, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

    (3) Any person who is not a Fijian citizen or a former Fijian citizen, shall not make a political donation to any political party or candidate for election to Parliament

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

3. Is there a ban on corporate donations to political parties?
  • CodeYes
  • Comment

    BLANK

  • Source

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment

    BLANK

  • Source

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosure Act 2013

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeYes
  • Comment

    BLANK

  • Source

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • Comment

    BLANK

  • Source

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    BLANK

  • Source

    (3) A political party and an independent candidate for election to Parliament shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source.

    Source: Article 21, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment

    BLANK

  • Source

    (3) A political party and an independent candidate for election to Parliament shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source.

    Source: Article 21, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    No specific ban but law requires that only persons who are or were formerly Fiji citizens may donate to a political party. Donations from all entities are banned.

  • Source

    (7) It shall be unlawful for any

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation unless the political donation is from an individual.

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeYes
  • Comment

    No specific ban but law requires that only persons who are or were formerly Fiji citizens may donate to a political party. The law bans donations from all entities.

  • Source

    (7) It shall be unlawful for any

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation unless the political donation is from an individual.

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    No specific ban but law requires that only persons who are or were formerly Fiji citizens may donate to a political party. The law bans donations from all entities.

  • Source

    (7) It shall be unlawful for any

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation unless the political donation is from an individual.

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment

    No specific ban but law requires that only persons who are or were formerly Fiji citizens may donate to a political party. The law bans donations from all entities

  • Source

    (7) It shall be unlawful for any

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation unless the political donation is from an individual.

    (8) It shall be unlawful for any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament; or
    • agent, campaigner or servant of a political party or candidate for election to

    Parliament,

    to accept any political donation from a company. a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—

    • political party;
    • office holder of a political party;
    • candidate for election to Parliament: or
    • agent, campaigner or servant of a political party or candidate for election to Parliament.

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    There are bans on public officials campaigning, on conducting campaign activities or posting or distributing campaign materials in a public office, and on procuring the support of an election official or public  servant to promote or hinder the election of a candidate

  • Source

    Prohibition on use of State resources to campaign

    113.—(1) It shall be unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition.

    (2) It shall be unlawful for any public officer to conduct campaign activities.

    (3) It shall be unlawful to force, pressure, or intimidate public officers to participate in campaign activities, to attend campaign rallies or meetings, or to assist a political party or candidate in campaigning in any manner, in or outside work hours.

    (4) It shall be unlawful to conduct campaign activities or to post or distribute any campaign material inside a public office.

    (5) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

    Source: Article 113 , Electoral Act 2014, Act 11 of 2014

     

    (3) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not—

    (j) procure the support or assistance of any election official or public servant to promote or hinder the election of a candidate;

    Source: Article 116 , Electoral Act 2014, Act 11 of 2014

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for natural persons
  • Comment

    Limit is applicable to any year, and for donations in total to all parties and candidates

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code $ Fiji10,000
  • Comment

    Limit is applicable to any year, and for donations in total to all parties and candidates. Donations made by founding members of a party during the first year of the party's existence are exempted from this limit

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment

    No specific limit for an election, only an annual limit

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for natural persons
  • Comment

    Limit is $ Fiji 10,000 per year in total to all candidates and political parties

    Legal persons  are barred from making contributions

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code $ Fiji 10,000
  • Comment

    LImit applies per year and to total donations to all candidates and parties from the  one source

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeYes, donation limit for private persons apply
  • Comment

    BLANK

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment

    The value of in-kind contributions is included within the overall limit on contributions of $Fiji 10,000

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment

    The value of in-kind contributions is included within the overall contribution limit of $Fiji 10,000

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment

    BLANK

  • Source

    21 (I) The sources of funds for a political party shall only be from—

    • membership fees:
    • voluntary contributions, donations, bequests and grants from a lawful source, not being front a foreign government. intergovernmental or non-governmental organisation; and
    • the proceeds of any investment, project or undertaking in which the political party has an interest.

    Article 21, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment

    Qualifications for bidding for government contracts  do not refer to any such requirement. Donations from entities to politcal parties or candidates are banned.

  • Source

    36.-(1) In order to participate in procurement proceedings, all potential bidders in addition to the requirements contained in any solicitation documents, must satisfy the following conditions to the satisfaction of the Board-

    (a) that they have the legal capacity to enter into the contract;

    (b) that they possess the necessary professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation and the personnel to perform the contract;

    (c) that they are not insolvent, in receivership, bankrupt or being wound up, their business activities have not been suspended, and they are not subject of legal proceeding for any of the foregoing or otherwise which in the event of an adverse finding might cause the bidder to cease business;

    (d) that they have evidence of a business relationship in the form of a partnership agreement, joint venture agreement, supply contracts or like documentation, if bidding in conjunction with another person, that would necessitate the demonstration to fulfil the contract.

    (2) The Board may disqualify a supplier or contractor if he/she finds at any time that the information submitted concerning the qualifications of the supplier or contractor was false, materially inaccurate or materially incomplete.

    (3) The Board may not disqualify a supplier or contractor on the ground that information submitted concerning the qualifications of the supplier or contractor was inaccurate and incomplete in a non-material respect. The supplier or contractor may be disqualified if it fails to remedy such deficiencies promptly upon request by the procuring agency.

    Source: Article 36, Procurement Regulations 2010

27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment

    BLANK

  • Source

    Donations of cash can be made however the Political Parties must disclose the amount and the source of the donation when submitting its declarations to the Registrar of Political Parties.

    Source: Email of 14 February 2018 from Mesake Dawai, Review and Compliance Officer, Fiji Elections Office

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo public funding available
  • Comment

    BLANK

  • Source

    11 Political parties may only be funded only by membership fees and contributions from individuals ...

    Source: Fijian Elections Office, Political Parties Act webpage, http://www.feo.org.fj/registering-a-political-party/political-parties-decree/, accessed 24 December 2017

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate ler election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment

    BLANK

  • Source

    11 Political parties may only be funded only by membership fees and contributions from individuals ...

    Source: Fijian Elections Office, Political Parties Act webpage, http://www.feo.org.fj/registering-a-political-party/political-parties-decree/, accessed 24 December 2017

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment

    There is no mention of any issues related to gender in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    BLANK

  • Source

    Prohibition on vote buying

    114.—(1) It shall be unlawful for political parties, candidates and their representatives, either personally or through other persons, to give or offer to any citizen money, gifts, material goods of any value (except for campaign material) or services free of charge, to sell goods or services to persons at a preferential price, or to promise to provide any monetary fund, gift, material goods or services of any value for the purpose of gaining or influencing votes in an election.

    (2) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both

    Source: Article 114, Electoral Act 2014, Act 11 of 2014

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeYes, third parties banned from campaign spending
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 , or any positive provision for campaigning by any body/person other than political parties or candidates in these Acts. There is explicit banning of some third parties from any form of campaigning in Article 115 of the Electoral Act 2014

  • Source

    Restrictions on campaigns

    115.—(1) Following the announcement of the date of the election, it shall be unlawful for any person, entity or organisation (including any person employed or engaged by any such person, entity or organisation) that receives any funding or assistance from a foreign government, inter-governmental or non-governmental organisation or multilateral agency to engage in, participate in or conduct any campaign (including organising debates, public forum, meetings, interviews, panel discussions, or publishing any material) that is related to the election or any election issue or matter.

    (2) It shall be unlawful for any person, entity or organisation (including any person employed or engaged by any such person, entity or organisation) to engage in, or to undertake any act which, under the Constitution or under this Act, is given to or assigned to the Electoral Commission or the Supervisor, unless authorised in writing by the Electoral Commission or the Supervisor.

    (3) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine

    not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

    (4) Nothing in subsection (1) prevents any university from organising inclusive public forums or panel discussions that are related to the election.

    (5) This section shall not apply to the Electoral Commission or the Supervisor.

    Source: Article 115, Electoral Act 2014, Act 11 of 2014

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    There is no mention of limits on political party or candidate expenditures in the Electoral Act 2014 as amended to 2017 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

  • Source

    BLANK

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment

    There are no specific rules for online media advertising, only general rules for politIcal campaign advertising

  • Source

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any; person on behalf of the candidate) to accept from a company. a body corporate or any other entity, any of the following—

    (a) the full or part payment of expenditure for advertising by a political party or a candidate for election to Parliament: or

    (b) the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.

    Source: Article 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

    Campaign materials

    112.—(1) Any campaign material published and distributed by political parties and candidates must include, in a print size easily legible, the following information—

    (a) name and address of the person and organisation who authorised and paid for printing of the material;

    (b) name of the company that printed the material and their business address; and

    (c) date of issue.

    (2) Political parties and candidates may place their campaign posters and flags on private premises, with permission of the owner of any such private premises.

    (3) It shall be unlawful for any person, any political party or any candidate (or any person on behalf of the political party including any office holder of the political party or any person on behalf of any candidate) to place campaign posters and flags on public buildings, monuments, electricity or lamp posts, and other public structures, except in public places specifically designated by the Supervisor for placement of campaign material.

    (4) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine  not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.

    Source: Article 112, Electoral Act 2014, Act 11 of 2014

    Paid campaign advertisement

    117. Any broadcast or print advertisement paid for by a political party or candidate must clearly indicate that it is a paid political advertisement and include the name of the political party, the authorising officer of the party or the candidate who authorised and paid for the advertisement.

     Source: Article 117, Electoral Act 2014, Act 11 of 2014

    Media restrictions during campaigns

    118.—(1) During the 48 hour period prior to the polling day and on the polling day until the close of polling at all polling stations, it is prohibited for any media organisation to publish, print or broadcast any campaign advertisement, debate, opinion or interview on any election issue or on any political party or candidate.

    (2) During the 48 hour period prior to polling day and on the polling day until the close of polling at all polling stations, any publication or broadcast by any media organisation relating to the election must obtain the prior approval of the Media Industry Development Authority to ensure compliance with subsection (1).

    (3) The Media Industry Development Authority must ensure that all media organisations comply with the provisions of this section.

    (4) If any media organisation contravenes this section, the editor, publisher or the owner of the media organisation (as the case may be) commits an offence and shall be liable upon conviction to a term of imprisonment not exceeding 5 years.

    Source: Article 118, Electoral Act 2014, Act 11 of 2014

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    BLANK

  • Source

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment

    Political parties have to report annually on their funds received, and have to report their assets and liabilities no later than 30 days pror to an election, but there is no specific requirement to report separately on election campaign finances

  • Source

    (I) A political party shall, at least 30 days before general elections, submit to the Registrar a statement of its assets and liabilities.

    (2) Notwithstanding any other penalty provided in this Act or in any other written law, the Registrar shall deregister a political party which—

    • fails to comply with this section; or
    • submits a statement which is false in any material particulars.

    (3) The Registrar shall publish the information received by him or her under subsection (1) in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party.

    Source: Article 25, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    Only independent candidates have to report on their campaign finances, and must lodge the report within 30 days of the return of the writ for an election

  • Source

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

50. Do third parties have to report on election campaign finances?
  • CodeThird parties are banned from participating in campaigns
  • Comment

    There is no positive provision for campaigning by any body/person other than political parties or candidates in the Electoral Act 2014 or in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. There is explicit banning of some third parties from any form of campaigning in Article 115 of the Electoral Act 2014

  • Source

    Restrictions on campaigns

    115.—(1) Following the announcement of the date of the election, it shall be unlawful for any person, entity or organisation (including any person employed or engaged by any such person, entity or organisation) that receives any funding or assistance from a foreign government, inter-governmental or non-governmental organisation or multilateral agency to engage in, participate in or conduct any campaign (including organising debates, public forum, meetings, interviews, panel discussions, or publishing any material) that is related to the election or any election issue or matter.

    (2) It shall be unlawful for any person, entity or organisation (including any person employed or engaged by any such person, entity or organisation) to engage in, or to undertake any act which, under the Constitution or under this Act, is given to or assigned to the Electoral Commission or the Supervisor, unless authorised in writing by the Electoral Commission or the Supervisor.

    (3) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine

    not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

    (4) Nothing in subsection (1) prevents any university from organising inclusive public forums or panel discussions that are related to the election.

    (5) This section shall not apply to the Electoral Commission or the Supervisor.

    Source: Article 115, Electoral Act 2014, Act 11 of 2014

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    BLANK

  • Source

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    BLANK

  • Source

    Section 23(1) and (2)  requires that political parties and independent candidates must provide information to the Registrar of Political Parties stating sources of funds, income and expenditure and assets and liabilities for the party within 30 days of the return of the writ. 

    Source: Email of 14 February 2018 from Mesake Dawai, Review and Compliance Officer, Fiji Elections Office

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    BLANK

  • Source

      They are required to specify or itemise each source of income and expenditure

    Source: Email of 14 February 2018 from Mesake Dawai, Review and Compliance Officer, Fiji Elections Office

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    BLANK

  • Source

    They are required to specify or itemise each source of income and expenditure

    Source: Email of 14 February 2018 from Mesake Dawai, Review and Compliance Officer, Fiji Elections Office

     

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    BLANK

  • Source

    23 (I) A political party shall, within 30 days of the end of its financial year, provide to the Registrar the following information in writing--

    (a) the sources of its funds stating—

    • the amount of money received from its members and supporters: and
    • the amount and sources of the donations given to the party:
    • the income and expenditure of the political party; and
    • the assets and liabilities of the political party.

    (2) An independent candidate for election to Parliament shall, within 30 days of the return of the writ (whether elected to Parliament or not) provide to the Registrar the following information in writing. in respect of his or her election campaign—

    • the amount of money received by him or her;
    • the amount and sources of the donations given to him or her; and
    • the income and expenditure.

    (3) The Registrar shall publish the information received by it under subsections (I) and (2) in the Gazette and in the media. and the costs of any such publication shall he paid by or recovered from the political party and independent candidate for election to Parliament.

    Source: Article 23, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

    26 (I) A political party shall keep proper hooks and records of account of the income, expenditure, assets and liabilities of the political party.

    (2) The accounts of every political party shall be audited annually by an auditor certified by the Fiji Institute of Accountants and shall be submitted to the Registrar within 3 months of the end of each financial year, who shall publish the accounts in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party.

    1. The Registrar may at any time request the Auditor-General to carry out an audit of the accounts of a political party.
    2. Any person shall be entitled to inspect the audited accounts filed by a political party and, upon payment of a fee prescribed by the Registrar. be issued copies of the audited accounts.

     

    Source: Article 26, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB
  • Comment

    The Auditor-General can also be requested to undertake an audit of a political party's accounts.

  • Source

    26A (1) Subject to the provisions of this Act, the Registrar shall have all powers necessary to carry out its functions under this Act.

    (2) Notwithstanding the generality of subsection (I) if the Registrar has reason to believe that a person has information or documents relevant to or required by the Registrar for the performance of his or her duties under this Act, the Registrar may by notice in writing, direct the person to furnish such information or documents to the Registrar.

    Source: Article 26A, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

    (3) The Registrar may at any time request the Auditor-General to carry out an audit of the accounts of a political party

    Source: Article 26, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeCarry out investigation | Request additional information from potential violator | Impose sanctions
  • Comment

    BLANK

  • Source

    26A (1) Subject to the provisions of this Act, the Registrar shall have all powers necessary to carry out its functions under this Act.

    (2) Notwithstanding the generality of subsection (I) if the Registrar has reason to believe that a person has information or documents relevant to or required by the Registrar for the performance of his or her duties under this Act, the Registrar may by notice in writing, direct the person to furnish such information or documents to the Registrar.

    Source: Article 26A, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

    (5) Where a political party commits an offence under this Act, the Registrar shall have the power to---

    • issue a warning and require the political party to conform to this Act within a specified period; or
    • suspend the registration of the political party for a period not exceeding 12 months.

    (6) Notwithstanding subsection 15), a person who is a member of a political party that has been suspended and is a member of Parliament, shall continue as a member of Parliament for the unexpired term.

    Source: Article 27, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Deregistration of party | Suspension of political party | Other
  • Comment

    Courts may issue fines or impose a prison sentence for specified breaches of the Act. Registrar may issue a warning to a political party and require it to conform to the Act within a specified period, and may also suspend the registration of a political party for a period not exceeding 12 months or deregister the party

  • Source

    27(1)A person who--

    • fails to furnish particulars or information required to be furnished by a political party or by him or her under this Act:
    • makes a statement which he or she knows to be false or which he or she has no reason to believe to be true: or
    • recklessly makes a false statement under this Act,

    commits an offence and shall he liable upon conviction to a fine not exceeding $10.000 or to imprisonment for a term not exceeding 5 years or to both.

    (2) Where a political party commits an offence under this Act. every office holder of that political party shall also be deemed to have committed the offence.

    (3) Where an offence under this Act is committed by a body of persons other than a political party—

    (a) in the case of a body corporate other than a partnership. every director and the secretary of the body corporate shall also he deemed to have committed the offence; and

    (b) in the case of a partnership, every partner shall be deemed to have committed the offence.

    (4) A person does not commit an offence under subsection (I) or (2) if that person proves to the satisfaction of the court that he or she exercised due diligence to prevent the commission of that act as he or she ought to have exercised, having regard to all the circumstances

    (5) Where a political party commits an offence under this Act, the Registrar shall have the power to---

    • issue a warning and require the political party to conform to this Act within a specified period; or
    • suspend the registration of the political party for a period not exceeding 12 months.

    (6) Notwithstanding subsection 15), a person who is a member of a political party that has been suspended and is a member of Parliament, shall continue as a member of Parliament for the unexpired term.

    Source: Article 27, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

    Prohibition on use of State resources to campaign

    113 (5) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both

    Source: Article 113, Electoral Act 2014, Act 11 of 2014

    Prohibition on vote buying

    114 (2) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both

    Source: Article 114, Electoral Act 2014, Act 11 of 2014

    Campaign rules

    116 (3) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not

    (h) coerce or offer monetary or other kinds of direct inducements to persons to vote for or against a particular party or candidate, or to abstain from voting

    (j) procure the support or assistance of any election official or public servant to promote or hinder the

    election of a candidate

    5) Any person who contravenes subsections (3) or (4) commits an offence and shall be liable upon conviction

    to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

     

    Source: Article 116, Electoral Act 2014, Act 11 of 2014

     

    25 (I) A political party shall, at least 30 days before general elections, submit to the Registrar a statement of its assets and liabilities.

    (2) Notwithstanding any other penalty provided in this Act or in any other written law, the Registrar shall deregister a political party which—

    • fails to comply with this section; or
    • submits a statement which is false in any material particulars.

    (3) The Registrar shall publish the information received by him or her under subsection (1) in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party.

    Source: Article 25, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013

     

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