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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Developer Donations (Anti-Corruption)
Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedule 1 Amendment of Acts 3
b03-957-42.p01
New South Wales
Developer Donations (Anti-Corruption)
Bill 2003
No , 2003
A Bill for
An Act to amend the Election Funding Act 1981 and the Local Government
Act 1993 so as to provide for disclosure of donations; to make other provisions
aimed at preventing corruption; and for other purposes.
Clause 1 Developer Donations (Anti-Corruption) Bill 2003
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Developer Donations (Anti-Corruption)
4
Act 2003.
5
2 Commencement
6
This Act commences on the date of assent to this Act.
7
3 Amendment of Acts
8
The Acts specified in Schedule 1 are amended as set out in that
9
Schedule.
Page 2
Developer Donations (Anti-Corruption) Bill 2003
Amendment of Acts Schedule 1
Schedule 1 Amendment of Acts 1
2
(Section 3)
1.1 Election Funding Act 1981 No 78 3
4
[1] Part 6 Political contributions and electoral expenditure
5
Insert after the heading to Part 6:
Division 1 Interpretation 6
7
82A Interpretation
8
(1) In this Part:
9
donors form means a form in or to the effect of the form
10
approved under section 89D.
11
independent member of Parliament means a member of the
12
Legislative Assembly or Legislative Council who is not a
13
member of a party.
14
political contribution means a gift:
15
(a) to a party, independent member of Parliament, group or
16
candidate, or
17
(b) to a person (other than a party, independent member of
18
Parliament, member of a group or candidate) who
19
incurs electoral expenditure, but only if the whole or
20
part of the gift is used by the person to enable the person
21
to incur electoral expenditure or to reimburse the person
22
for incurring that expenditure.
23
(2) For the purposes of this Part, 2 or more gifts made by the same
24
person, body or organisation are taken to be one gift.
25
(3) Corporations that are taken to be related to each other for the
26
purposes of the Corporations Act 2001 of the Commonwealth
27
are to be regarded as a single corporation for the purposes of
28
this Part.
29
(4) An amount paid by a person as a contribution, entry fee or
30
other payment to entitle that or any other person to participate
31
in or otherwise obtain any benefit from a fund-raising venture
32
or function is a gift for the purposes of this Part.
33
(5) A gift to an independent member of Parliament or candidate
34
is not a political contribution if the gift was made in a private
35
capacity to the member or candidate for his or her personal
Page 3
Developer Donations (Anti-Corruption) Bill 2003
Schedule 1 Amendment of Acts
1
use and the member or candidate has not used, and will not
2
use, the gift solely or substantially for a purpose related to an
3
election.
4
(6) For the purposes of this Part:
5
(a) a payment under this Act, and
6
(b) an annual subscription paid to a party by a member of
7
the party,
8
are not political contributions.
9
82B Meaning of "major developer"
10
(1) In this Part, major developer means a person who has, in any
11
5-year period, lodged a development application or
12
applications relating to the carrying out of development on
13
any one or more parcels of land if the estimated cost of
14
carrying out the development (as specified in the development
15
application or applications) totals $5,000,000 or more.
16
(2) Subsection (1) does not apply to the carrying out of
17
development on a parcel of land if it is intended that at least
18
75 per cent of the total floor area of any buildings on the land
19
after the development has been carried out will initially be
20
occupied by the person carrying out the development for a
21
period of at least 12 months.
22
(3) For the purposes of subsection (2), an intention to occupy land
23
must be evidenced by a letter or other document stating that
24
intention submitted to the consent authority in connection
25
with the relevant development application or by a statutory
26
declaration.
27
(4) Despite subsection (1), a person is not a major developer on
28
any particular day if, in the period of 5 years immediately
29
preceding that day, no development application has been
30
lodged by the person that would have contributed to the
31
person being a person to whom subsection (1) applies.
32
(5) If a corporation is a major developer, every director of the
33
corporation is taken to be a major developer.
34
(6) In this clause, development and development application
35
have the same meanings as in the Environmental Planning
36
and Assessment Act 1979.
Division 2 Declarations of political contributions and 37
electoral expenditure 38
Page 4
Developer Donations (Anti-Corruption) Bill 2003
Amendment of Acts Schedule 1
[2] Section 85 1
2
Omit the section. Insert instead:
3
85 Obligation of candidates to make declarations
4
(1) Within 14 days after a person becomes a candidate, the
5
registered official agent of the candidate must lodge with the
6
Authority a declaration of political contributions received by
7
the candidate during the period:
8
(a) commencing on:
9
(i) where the candidate was registered at any time in
10
the Register of Candidates for the previous
11
general election--the 31st day after the polling
12
day for that previous general election, or
13
(ii) where the candidate was registered at any time in
14
the Register of Candidates for a by-election (not
15
being the current election) following the previous
16
general election--the 31st day after the polling
17
day for that by-election, or
18
(iii) the day that is 12 months before the day on which
19
the candidate was nominated for election at the
20
current election,
21
whichever first occurs, and
22
(b) ending on the day on which the candidate was
23
nominated for election at the current election.
24
(2) Within 120 days after the day for the return of the writs for a
25
general election or by-election (the current election), the
26
registered official agent of each candidate nominated for
27
election at the election must lodge with the Authority a
28
declaration of political contributions received during the
29
period commencing on the day on which the candidate was
30
nominated for election at the current election and ending on
31
the 30th day after the polling day for the current election.
Page 5
Developer Donations (Anti-Corruption) Bill 2003
Schedule 1 Amendment of Acts
1
(3) Within 120 days after the day for the return of the writs for a
2
general election or by-election, the registered official agent of
3
each candidate nominated for election at the election must
4
lodge with the Authority a declaration of electoral
5
expenditure incurred during the period:
6
(a) commencing on:
7
(i) where the candidate was registered at any time in
8
the Register of Candidates for the previous
9
general election--the 31st day after the polling
10
day for that previous general election, or
11
(ii) where the candidate was registered at any time in
12
the Register of Candidates for a by-election (not
13
being the current election) following the previous
14
general election--the 31st day after the polling
15
day for that by-election, or
16
(iii) the day that is 12 months before the day on which
17
the candidate was nominated for election at the
18
current election,
19
whichever first occurs, and
20
(b) ending on the 30th day after the polling day for the
21
current election.
22
[3] Section 85A Obligation of persons (other than parties etc) to make
23
disclosure
24
Omit section 85A (3) and (4).
25
[4] Section 86 Form and manner of disclosure
26
Omit "under this Part" wherever occurring.
27
Insert instead "under this Division".
28
[5] Section 87 Political contributions that are required to be disclosed
29
Omit "under this Part" wherever occurring from section 87 (1) and (1A).
30
Insert instead "under this Division".
31
[6] Section 87 (1AA), (2), (6) and (7)
32
Omit the subsections.
Page 6
Developer Donations (Anti-Corruption) Bill 2003
Amendment of Acts Schedule 1
[7] Section 87A Prohibition on receiving gifts of unknown source 1
2
Renumber the section as section 89A and move to Division 3 of Part 6 (as
3
inserted by item [11]).
4
[8] Section 89 Additional matters to be included in declaration
5
Omit "Subject to section 87 (2), there shall be included in a declaration
6
made under this Part".
7
Insert instead "Subject to section 82A (5), a declaration under this
8
Division is to include".
9
[9] Section 89 (b)
10
Omit "section 87 (7) (b)". Insert instead "section 82A (6) (b)".
11
[10] Section 89 (c)
12
Omit "section 87 (1AA)". Insert instead "section 82A (4)".
13
[11] Part 6, Divisions 3 and 4
14
Insert after section 89:
Division 3 Prohibited political contributions 15
16
89B Prohibited political contributions
17
(1) This section applies to the following persons:
18
(a) a major developer,
19
(b) a person who has been found guilty of an offence
20
involving bribery or corruption.
21
(2) A person to whom this section applies must not, directly or
22
indirectly, make a political contribution.
23
Maximum penalty (subsection (2)): 20 penalty units.
Division 4 Continuous disclosure of political 24
contributions 25
26
89C Political contributions not to be accepted without donors form
27
(1) The following must not accept a political contribution from
28
any person or organisation that exceeds an amount of $1,000
29
or, when added to other political contributions received from
30
that person or organisation in the immediately preceding
Page 7
Developer Donations (Anti-Corruption) Bill 2003
Schedule 1 Amendment of Acts
1
12-month period exceeds an amount of $1,000, unless the
2
political contribution is accompanied by a donors form
3
completed by the person or organisation that made the
4
political contribution:
5
(a) a party,
6
(b) a person acting on behalf of a party,
7
(c) a group,
8
(d) a person acting on behalf of a group,
9
(e) an independent member of Parliament,
10
(f) a person acting on behalf of an independent member of
11
Parliament,
12
(g) a candidate,
13
(h) a person acting on behalf of a candidate.
14
Maximum penalty: 20 penalty units.
15
(2) A party, person or group referred to in subsection (1) (a)(h)
16
must, within 21 days of receiving a donors form, lodge the
17
donors form with the Authority.
18
Maximum penalty: 20 penalty units.
19
(3) For the purposes of this section, a party, person or group
20
referred to in subsection (1) (a)(h) does not accept a political
21
contribution in the form of a cheque until the cheque is
22
deposited in an account in an authorised deposit-taking
23
institution.
24
89D Donors form
25
(1) The Authority may approve a donors form for the purposes of
26
this Division.
27
(2) The donors form must require the person or organisation
28
completing the form to state:
29
(a) the amount (if a gift of money) or an estimated value (if
30
a gift in kind) of the political contribution made by the
31
person or organisation (the donor) to the party, person
32
or group concerned, and
33
(b) details of all political contributions made by the donor
34
to the party, person or group concerned in the 12-month
35
period immediately preceding the donor's latest
36
political contribution to that party, person or group, and
Page 8
Developer Donations (Anti-Corruption) Bill 2003
Amendment of Acts Schedule 1
1
(c) the donor's postal address, and
2
(d) the donor's residential address (in the case of a natural
3
person) or head office address (in the case of a
4
corporation), and
5
(e) that the donor is not a major developer, and
6
(f) that the donor has not been convicted of an offence
7
involving bribery or corruption, and
8
(g) that the donor is not making the political contribution
9
concerned on behalf of a major developer or a person
10
who has been convicted of an offence involving bribery
11
or corruption, and
12
(h) whether the donor is making the political contribution
13
on behalf of an unincorporated association and, if so,
14
details regarding that association, and
15
(i) if the donor is a corporation, details of the corporation
16
including the names of all directors of the corporation
17
and a description of the corporation's main activities.
18
89E Publication of donors forms
19
(1) The Authority must publish each donors form lodged with it
20
in a public register and on the Internet within 14 days of its
21
receipt.
22
(2) The public register must be kept available for public
23
inspection at the offices of the Authority at all reasonable
24
times and for a reasonable fee as determined by the Authority.
25
[12] Section 89A (5) (b) and (c) (as renumbered by item [7])
26
Omit the paragraphs.
27
[13] Part 6, Division 5, heading
28
Insert before section 90:
Division 5 Miscellaneous 29
30
[14] Section 97 False statements
31
Insert "or donors form" after "declaration" in section 97 (1).
Page 9
Developer Donations (Anti-Corruption) Bill 2003
Schedule 1 Amendment of Acts
1.2 Environmental Planning and Assessment Act 1979 1
No 203 2
3
[1] Section 76A Development that needs consent
4
Insert after section 76A (7):
5
(7A) Sections 40 (Notice of statutory rules to be tabled) and 41
6
(Disallowance of statutory rules) of the Interpretation Act
7
1987 apply to a notice under subsection (7) (b) in the same
8
way as those sections apply to a statutory rule.
9
[2] Section 88A Development applications directed to be referred to
10
the Minister for determination
11
Insert "in writing" after "direct" in section 88A (1).
12
[3] Section 88A (1A) and (1B)
13
Insert after section 88A (1):
14
(1A) The Minister must publish any direction made under
15
subsection (1) in the Gazette.
16
(1B) Sections 40 (Notice of statutory rules to be tabled) and 41
17
(Disallowance of statutory rules) of the Interpretation Act
18
1987 apply to a direction under subsection (1) in the same
19
way as those sections apply to a statutory rule.
20
[4] Section 88A (2)
21
Omit "On giving the direction".
22
Insert instead "On the expiry of the period during which either House of
23
Parliament may under section 41 of the Interpretation Act 1987 disallow
24
the direction".
25
[5] Section 89 Carrying out of prohibited development
26
Insert after section 89 (1):
27
(1A) The Minister must publish any direction made under
28
subsection (1) in the Gazette.
29
(1B) Sections 40 (Notice of statutory rules to be tabled) and 41
30
(Disallowance of statutory rules) of the Interpretation Act
31
1987 apply to a direction under subsection (1) in the same
32
way as those sections apply to a statutory rule.
Page 10
Developer Donations (Anti-Corruption) Bill 2003
Amendment of Acts Schedule 1
[6] Section 89 (2) 1
2
Omit "On giving the direction".
3
Insert instead "On the expiry of the period during which either House of
4
Parliament may under section 41 of the Interpretation Act 1987 disallow
5
the direction".
1.3 Local Government Act 1993 No 30 6
7
Chapter 10, Part 8, heading
8
Omit the heading. Insert instead:
Part 8 Disclosure of election funding and 9
expenditure 10
Page 11
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