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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Election Funding Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Election Funding Act 1981 No 78 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Election Funding Amendment Bill 2006
Act No , 2006
An Act to amend the Election Funding Act 1981 to make further provision with
respect to election funding and the disclosure of electoral expenditure.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Election Funding Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Election Funding Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Election Funding Act 1981 No 78
The Election Funding Act 1981 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Election Funding Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 74 Claims for, and approvals of, payments
Insert after section 74 (5):
(6) For the purposes of subsection (2) (b), an amount of expenditure
incurred for election campaign purposes by a candidate for
election to the Assembly includes, if the candidate is the endorsed
candidate of a registered party, any amount of electoral
expenditure that is:
(a) incurred by that party for the benefit of the candidate or for
the benefit of the candidate and other candidates endorsed
by the party at the election, and
(b) invoiced by that party to the candidate for payment.
(7) For the purposes of subsection (6), a payment is to be made under
this Part even if:
(a) the electoral expenditure incurred by the registered party
was not incurred as an agent for the candidate, and
(b) the candidate had no legal liability to pay to the party the
amount of electoral expenditure invoiced.
[2] Section 110A
Insert after section 110:
110A Power to demand information regarding failures to disclose
(1) If the Authority, or a member of staff of the Authority authorised
by it for the purposes of this section, reasonably suspects that a
person has failed to lodge a declaration relating to electoral
expenditure as required by section 85A, the Authority, or the
authorised staff member, may, by notice in writing, require any
other person whom the Authority, or the authorised staff member,
reasonably suspects may have information regarding that
electoral expenditure:
(a) to state the name and address of the person who it is
suspected failed to lodge the declaration, or
(b) to furnish such other information in connection with the
electoral expenditure as the Authority, or the authorised
staff member, may reasonably require, or
Page 3
Election Funding Amendment Bill 2006
Schedule 1 Amendments
(c) to produce to the Authority, or the authorised staff
member, at the time and place specified in that notice, any
document that relates to the electoral expenditure and
permit the Authority, or the authorised staff member, to
inspect, and take copies of or extracts from, the document.
(2) A person must not, without reasonable excuse, fail to comply
with a requirement of the Authority, or an authorised staff
member, made under this section.
Maximum penalty: 100 penalty units.
Page 4
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