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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Election Funding Amendment (Political
Donations and Expenditure) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Election Funding Act 1981 No 78 2
4 Consequential repeal of provisions of Local Government
Act 1993 No 30 and regulation 2
5 Repeal of Act 2
Schedule 1 Amendments 3
b2008-021-33.d08d
New South Wales
Election Funding Amendment (Political
Donations and Expenditure) Bill 2008
No , 2008
A Bill for
An Act to amend the Election Funding Act 1981 in relation to political donations and
electoral expenditure.
See also Local Government and Planning Legislation Amendment (Political Donations) Bill
2008.
Election Funding Amendment (Political Donations and Expenditure)
Clause 1 Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Election Funding Amendment (Political Donations and 3
Expenditure) Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Amendment of Election Funding Act 1981 No 78 7
The Election Funding Act 1981 is amended as set out in Schedule 1. 8
4 Consequential repeal of provisions of Local Government Act 1993 No 30 9
and regulation 10
(1) The Local Government Act 1993 is amended by omitting Part 8 of 11
Chapter 10. 12
(2) The Local Government (General) Regulation 2005 is amended by 13
omitting clause 393 of, and Schedule 6 to, that Regulation. 14
5 Repeal of Act 15
(1) This Act is repealed on the day following the day on which all of the 16
provisions of this Act have commenced. 17
(2) The repeal of this Act does not, because of the operation of section 30 18
of the Interpretation Act 1987, affect any amendment made by this Act. 19
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Election Funding Amendment (Political Donations and Expenditure)
Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Long title 3
Omit "political contributions and electoral expenditure". 4
Insert instead "political donations and electoral expenditure for Parliamentary 5
or local government election campaigns". 6
[2] Section 1 Name of Act 7
Omit "Election Funding Act". 8
Insert instead "Election Funding and Disclosures Act". 9
[3] Section 4 Definitions 10
Omit the definitions of by-election, day of nomination, donor, election, 11
expenditure, general election, gift, group and official agent from section 12
4 (1). 13
Insert in alphabetical order: 14
by-election means: 15
(a) in relation to State elections--a by-election for the 16
Assembly, or 17
(b) in relation to local government elections--a by-election 18
for a councillor (including the mayor) of the council of a 19
local government area. 20
day of nomination, in relation to an election, means the day by 21
which all nominations in the election must be made. 22
donor--see section 84. 23
elected member means: 24
(a) a member of Parliament, or 25
(b) a councillor (including the mayor) of the council of a local 26
government area, 27
and includes a person who, during any period after ceasing to be 28
a member of Parliament or a councillor, is entitled to 29
remuneration as such a member or councillor. 30
election means a State election or a local government election. 31
entity--see section 84. 32
expenditure--see section 84. 33
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Election Funding Amendment (Political Donations and Expenditure)
Bill 2008
Schedule 1 Amendments
general election means: 1
(a) in relation to State elections--an Assembly general 2
election and a periodic Council election held or to be held 3
concurrently, or 4
(b) in relation to local government elections--a local 5
government election other than a by-election. 6
gift--see section 84. 7
group means: 8
(a) in relation to State elections--a group of candidates, or 9
part of a group of candidates, for a periodic Council 10
election, or 11
(b) in relation to local government elections--a group of 12
candidates, or part of a group of candidates, for a local 13
government election. 14
local government election means an election under the Local 15
Government Act 1993 for the office of councillor or mayor under 16
that Act (other than an election of mayor by councillors). 17
official agent means: 18
(a) in relation to an elected member of Parliament who is a 19
member of a registered party--the party agent of the party, 20
or 21
(b) in relation to any other elected member who is a candidate 22
or member of a group--the official agent of the candidate 23
or group, or 24
(c) in relation to a State election candidate who is a member of 25
a registered party--the party agent of the party, or 26
(d) in relation to a State election group whose members are all 27
members of a registered party--the party agent of the 28
party, or 29
(e) in relation to a candidate or group of a class specified in the 30
regulations for the purposes of this paragraph--the 31
Authority or a government agency so specified, or 32
(f) in relation to any other candidate or group--the official 33
agent registered in the Register of Official Agents for that 34
candidate or group (or the person taken to be the official 35
agent under section 49), or 36
(g) in any other case--a person (including the elected member 37
or candidate) designated by the Authority. 38
For the purposes of this definition, if some of the candidates in a 39
State election group are members of one registered party and 40
other candidates in the group are members of another registered 41
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Election Funding Amendment (Political Donations and Expenditure)
Bill 2008
Amendments Schedule 1
party, the official agent of the group is the party agent of one of 1
those parties as is designated by those candidates. 2
Note. Except where paragraph (f) applies, the other persons designated 3
as official agents are ex-officio agents who are not entered in the 4
Register of Official Agents. An elected council member or council 5
candidate or group may appoint for entry in the Register of Official 6
Agents the relevant party agent as his or her official agent. 7
State election means an Assembly general election, a periodic 8
Council election or a by-election for the Assembly. 9
[4] Section 4 (1), definition of "candidate" 10
Insert "or in accordance with the Local Government Act 1993 (as the case 11
requires)" after "Parliamentary Electorates and Elections Act 1912". 12
[5] Section 4 (1), definition of "party" 13
Insert "or a local council" after "to Parliament". 14
[6] Section 4 (9) and (10) 15
Omit the subsections. 16
[7] Section 23 Particular functions 17
Omit "declarations of political contributions". 18
Insert instead "disclosures of political donations". 19
[8] Section 24 Guidelines 20
Omit "declarations". Insert instead "disclosures". 21
[9] Section 25 Research 22
Omit "political contributions". Insert instead "political donations". 23
[10] Part 4 Registration, Division 1 24
Insert before Division 2 of Part 4: 25
Division 1 Preliminary 26
26 Application to registration for State and local government 27
elections 28
This Part applies to the registration of candidates, groups and 29
agents for State elections and local government elections. 30
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Schedule 1 Amendments
27 Qualification of persons to be appointed as party or official agents 1
(1) The following persons are not qualified to be appointed as party 2
agents or official agents: 3
(a) a corporation, 4
(b) a person who is not enrolled to vote at State elections, 5
(c) a person who has been convicted of an indictable offence, 6
an offence against this Act, an offence involving 7
dishonesty or an electoral offence, 8
(d) a person whom the Authority determines is not a fit and 9
proper person to be such an agent, 10
(e) a person who has not completed the training prescribed by 11
the regulations for appointment as such an agent (unless 12
the person is of a class of persons recognised by the 13
regulations as a person eligible for appointment without 14
further training). 15
(2) A person may be appointed as the official agent of more than one 16
candidate or group. 17
(3) The Authority may cancel the registration under this Part of a 18
person as a party agent or an official agent if the person is no 19
longer qualified to be appointed as such an agent. 20
[11] Section 31 Register of Candidates to be kept 21
Insert after section 31 (1): 22
(1A) The Authority is to keep separate Registers of Candidates for 23
State and local government elections. The register for State 24
elections may be called the State Register of Candidates and the 25
register for local government elections may be called the Local 26
Government Register of Candidates. 27
[12] Section 33 Applications for registration of candidates 28
Insert "in the case of a State election," before "the House of Parliament" in 29
section 33 (2) (c). 30
[13] Section 33 (2) (c1) 31
Insert after section 33 (2) (c): 32
(c1) in the case of a local government election, the council for 33
which the candidate is a candidate, 34
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Amendments Schedule 1
[14] Section 35 Lodging of applications 1
Omit "the returning officer for any electoral district or" in section 35 (1). 2
Insert instead "an election official designated by the Authority or". 3
[15] Section 35 (2) and (3) 4
Omit "a returning officer" from section 35 (2) and "A returning officer" from 5
section 35 (3). 6
Insert instead "an election official" and "An election official" respectively. 7
[16] Section 39 Register of Party Agents to be kept 8
Insert after section 39 (1): 9
(1A) The Authority is to keep separate Registers of Party Agents for 10
State and local government elections. The register for State 11
elections may be called the State Register of Party Agents and the 12
register for local government elections may be called the Local 13
Government Register of Party Agents. 14
[17] Section 41 Appointment etc of party agents 15
Omit section 41 (2). Insert instead: 16
(2) If at any time a party does not have a party agent appointed under 17
this section, the party agent is the person who holds office at that 18
time as the registered officer of the party under Part 4A of the 19
Parliamentary Electorates and Elections Act 1912 or under the 20
Local Government Act 1993, as the case requires. 21
[18] Section 46 Appointment etc of official agents 22
Insert after section 46 (1): 23
Note. An appointment of an official agent is only required where the 24
party agent or other person is not the ex-officio agent (see definition of 25
"official agent" in section 4). A candidate or group that does not have an 26
official agent cannot be paid any election funding payment due under 27
Part 5 (see section 77 (1)) and cannot accept political donations under 28
Part 6 (see section 96A). 29
[19] Section 46 (2) 30
Omit the subsection. 31
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Schedule 1 Amendments
[20] Section 47 Entries in the Register 1
Insert after section 47 (3): 2
(4) The Authority may include in the Register of Official Agents 3
particulars of the persons who are official agents because of the 4
office they hold and not because of an appointment under this 5
Division. 6
[21] Section 49 Where there is no official agent for a candidate or group 7
Insert before section 49 (1): 8
(1A) This section applies only to candidates, or all candidates in a 9
group, who are authorised under section 96A to accept political 10
donations and incur electoral expenditure without a campaign 11
account under section 96B. 12
[22] Section 51 Registers for by-elections 13
Omit section 51 (2). Insert instead: 14
(2) The registers are to be kept as from: 15
(a) in the case of a State election--the day of the issue of the 16
writ for the by-election, or 17
(b) in the case of a local government election--the day for the 18
close of the roll of electors for the by-election. 19
[23] Section 51 (4) (a) 20
Omit "sections 32, 33, 35, 36 and 38". 21
Insert instead "sections 31 (1A), 32, 33, 34, 35, 36, 37 and 38". 22
[24] Section 51 (4) (c) 23
Insert "in the case of a State election," before "references". 24
[25] Section 52 Public access to registers 25
Omit section 52 (2). 26
[26] Part 5 Public funding of election campaigns, section 54A 27
Insert before section 55: 28
54A Application to State elections only 29
(1) This Part does not apply to or in relation to local government 30
elections. 31
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Amendments Schedule 1
(2) Accordingly, a reference in this Part to an election, general 1
election or by-election is a reference that relates to a State 2
election. 3
[27] Section 59 General entitlements of parties 4
Omit "registered agents" wherever occurring. Insert instead "party agents". 5
[28] Section 74 Claims for, and approvals of, payments 6
Omit "registered agent" from section 74 (2) (a) (i). 7
Insert instead "party or official agent". 8
[29] Section 76A Making payments to party at direction of candidate 9
Omit "registered agent" from section 76A (3) (c). Insert instead "party agent". 10
[30] Section 77 Making of payments 11
Omit "registered agent" wherever occurring. 12
Insert instead "party or official agent". 13
[31] Section 77 (2A) 14
Insert after section 77 (2): 15
(2A) Despite subsections (1) and (2), payments to be made to a group 16
or candidate are required to be paid into the campaign account of 17
the group or candidate if such an account is required to be kept 18
under section 96A. 19
[32] Section 78 20
Omit the section. Insert instead: 21
78 Payments conditional on disclosure of political donations etc 22
A party, group or candidate is not eligible for any payment (other 23
than advance payments) under this Part in respect of a general 24
election while any failure to lodge a requisite declaration under 25
Part 6 in respect of the party, group or candidate for a past period 26
continues. 27
[33] Section 82 False statements 28
Omit "and liable to a penalty not exceeding 100 penalty units" wherever 29
occurring. 30
Insert at the end of the section: 31
Maximum penalty: 200 penalty units or imprisonment for 32
2 years, or both. 33
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Election Funding Amendment (Political Donations and Expenditure)
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Schedule 1 Amendments
[34] Part 6 1
Omit the Part. Insert instead: 2
Part 6 Political donations and electoral 3
expenditure 4
Division 1 Preliminary 5
83 Application 6
This Part applies in relation to: 7
(a) State elections and elected members of Parliament, and 8
(b) local government elections and elected members of 9
councils. 10
84 Definitions--general 11
(1) In this Act: 12
disposition of property--see section 4. 13
Note. A disposition of property includes any transaction that diminishes 14
the value of a person's own property and increases the value of the 15
property of another person. Property includes money. 16
donor means a person who makes a gift. 17
entity means: 18
(a) an incorporated or unincorporated body, or 19
(b) the trustee of a trust. 20
expenditure includes any disposition of property. 21
gift means any disposition of property made by a person to 22
another person, otherwise than by will, being a disposition made 23
without consideration in money or money's worth or with 24
inadequate consideration, and includes the provision of a service 25
(other than volunteer labour) for no consideration or for 26
inadequate consideration. 27
major political donor means a political donor referred to in 28
section 88 (2). 29
relevant disclosure period--see section 89. 30
(2) For the purposes of this Part, a reference to a candidate or group 31
extends to an individual who, or a group of individuals which, 32
accepts gifts for use solely or substantially for a purpose related 33
to the proposed candidacy of the individual or individuals at a 34
future election. 35
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Election Funding Amendment (Political Donations and Expenditure)
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Amendments Schedule 1
Note. Section 96A (2) makes it unlawful for any such political donations 1
to be accepted unless the individual or group is registered as a candidate 2
or group under this Act. 3
(3) For the purposes of this Part: 4
(a) a person who is a candidate in an election, or 5
(b) a group of candidates in an election, 6
is taken to remain a candidate or group for 30 days after the 7
polling day for the election. 8
Note. A disclosure is still required to be made by candidates and groups 9
after they cease to be candidates or groups following the election if they 10
were a candidate or group during any part of the relevant disclosure 11
period for the disclosure--see section 88 (4). 12
(4) For the purposes of this Act: 13
(a) the amount of a donation or expenditure consisting of a 14
disposition of property other than money is taken to be the 15
amount equal to the value of the property disposed of, and 16
(b) the value of property disposed of or the value of a gift may, 17
if the Authority so requires, be determined by valuers 18
appointed or approved by the Authority in accordance with 19
the regulations. 20
Note. The regulations may make provision for requiring agents to obtain 21
valuations from a valuer approved by the Authority of political donations 22
that are not gifts of money (or enabling the Authority to obtain any such 23
valuations--see section 117 (1) (a1)). 24
(5) A reference in this Part to the name and address of a person 25
making a donation or loan is: 26
(a) in the case of a donation or loan made by an 27
unincorporated association--a reference to the name of the 28
association and the names and addresses of the members of 29
the executive committee (however described) of the 30
association, and 31
(b) in the case of a donation or loan purportedly made out of a 32
trust fund or out of the funds of a foundation--a reference 33
to the names and addresses of the trustees of the fund or of 34
the funds of the foundation and the title or other 35
description of the trust fund or the name of the foundation. 36
(6) For the purposes of this Part, corporations that are related to each 37
other (as determined in accordance with the Corporations Act 38
2001 of the Commonwealth) are taken to be a single corporation. 39
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Election Funding Amendment (Political Donations and Expenditure)
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Schedule 1 Amendments
85 Meaning of "political donation" 1
(1) For the purposes of this Act, a political donation is: 2
(a) a gift made to or for the benefit of a party, or 3
(b) a gift made to or for the benefit of an elected member, or 4
(c) a gift made to or for the benefit of a candidate or a group 5
of candidates, or 6
(d) a gift made to or for the benefit of an entity or other person 7
(not being a party, elected member, group or candidate), 8
the whole or part of which was used or is intended to be 9
used by the entity or person: 10
(i) to enable the entity or person to make, directly or 11
indirectly, a political donation or to incur electoral 12
expenditure, or 13
(ii) to reimburse the entity or person for making, 14
directly or indirectly, a political donation or 15
incurring electoral expenditure. 16
(2) An amount paid by a person as a contribution, entry fee or other 17
payment to entitle that or any other person to participate in or 18
otherwise obtain any benefit from a fund-raising venture or 19
function (being an amount that forms part of the proceeds of the 20
venture or function) is taken to be a gift for the purposes of this 21
section. 22
(3) An annual or other subscription paid to a party by: 23
(a) a member of the party, or 24
(b) a person or entity (including an industrial organisation) for 25
affiliation with the party, 26
is taken to be a gift to the party for the purposes of this section. 27
Note. Unless details of any such subscription are required to be 28
disclosed because it is a reportable political donation of or above $1,000, 29
the total amount of subscriptions and other details are required to be 30
disclosed under section 92 (4). 31
(4) The following are not political donations: 32
(a) a gift to an individual that was made in a private capacity 33
to the individual for his or her personal use and that the 34
individual has not used, and does not intend to use, solely 35
or substantially for a purpose related to an election or to his 36
or her duties as an elected member, 37
(b) a payment under Part 5 (Public funding of election 38
campaigns) or Part 6A (Political Education Fund). 39
Note. Even though an election funding payment to a group or candidate 40
is not a donation required to be disclosed, the amount is required to be 41
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Election Funding Amendment (Political Donations and Expenditure)
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Amendments Schedule 1
paid into the separate campaign account that is established for 1
donations to and electoral expenditure by the group or candidate--see 2
section 77 (2A). 3
86 Meaning of "reportable political donation" 4
(1) For the purposes of this Act, a reportable political donation is: 5
(a) in the case of disclosures under this Part by a party, elected 6
member, group or candidate--a political donation of or 7
exceeding $1,000 made to or for the benefit of the party, 8
elected member, group or candidate, or 9
(b) in the case of disclosures under this Part by a major 10
political donor--a political donation of or exceeding 11
$1,000: 12
(i) made by the major political donor to or for the 13
benefit of a party, elected member, group or 14
candidate, or 15
(ii) made to the major political donor. 16
(2) A political donation of less than an amount specified in 17
subsection (1) made by an entity or other person is to be treated 18
as a reportable political donation if that and other separate 19
political donations made by that entity or other person to the same 20
party, elected member, group, candidate or person within the 21
same financial year (ending 30 June) would, if aggregated, 22
constitute a reportable political donation under subsection (1). 23
(3) A political donation of less than an amount specified in 24
subsection (1) made by an entity or other person to a party is to 25
be treated as a reportable political donation if that and other 26
separate political donations made by that entity or person to an 27
associated party within the same financial year (ending 30 June) 28
would, if aggregated, constitute a reportable political donation 29
under subsection (1). This subsection does not apply in 30
connection with disclosures of political donations by parties. 31
(4) For the purposes of subsection (3), parties are associated parties 32
if endorsed candidates of both parties were included in the same 33
group in the last periodic Council election or are to be included 34
in the same group in the next periodic Council election. 35
87 Meaning of "electoral expenditure" 36
(1) For the purposes of disclosure of electoral expenditure and other 37
requirements of this Part, the following is electoral expenditure: 38
(a) expenditure on advertisements in radio, television, the 39
Internet, cinemas, newspapers, billboards, posters, 40
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Schedule 1 Amendments
brochures, how-to-vote cards and any other printed 1
election material, 2
(b) expenditure on the holding of election rallies, 3
(c) expenditure on the distribution of election material, 4
(d) expenditure on travel and accommodation of a candidate 5
for election, 6
(e) expenditure on research associated with election 7
campaigns, 8
(f) expenditure incurred in raising funds for an election, 9
(g) expenditure on stationery, telephones, messages, postage 10
and electronic transmissions, 11
(h) expenditure incurred in employing staff engaged in 12
election campaigns, 13
(i) expenditure classified as electoral expenditure by the 14
Authority, 15
(j) such other expenditure as may be prescribed by the 16
regulations. 17
(2) For the purposes of this Act, expenditure on factual advertising 18
of the following is not electoral expenditure: 19
(a) meetings to be held for the purpose of selecting persons for 20
nomination as candidates for election, 21
(b) meetings for organisational purposes of parties, branches 22
of parties or conferences, committees or other bodies of 23
parties or branches of parties, 24
(c) any other matter involving predominantly the 25
administration of parties or conferences, committees or 26
other bodies of parties or branches of parties. 27
Division 2 Disclosure of political donations and 28
electoral expenditure 29
88 Disclosures required to be made 30
(1) Parties, members, groups and candidates 31
Disclosure is required under this Part of political donations 32
received, and electoral expenditure incurred, by or on behalf of 33
the following during the relevant disclosure period: 34
(a) a party (whether or not a registered party), 35
(b) an elected member, 36
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(c) a group, 1
(d) a candidate. 2
(2) Major political donors 3
Disclosure is required under this Part of reportable political 4
donations made or received, and electoral expenditure incurred, 5
by an entity or other person (not being a party, elected member, 6
group or candidate) who has, during the relevant disclosure 7
period: 8
(a) made a reportable political donation of or exceeding 9
$1,000, or 10
(b) incurred electoral expenditure of or exceeding $1,000. 11
(3) Single declaration of disclosures by party and its members 12
The regulations may provide for a single declaration of 13
disclosures by an agent of a party relating to the party and to 14
elected members and candidates (and groups of candidates) who 15
are members of the party. The disclosures relating to the party 16
and to each member, candidate or group are to be separately 17
identified. 18
(4) Disclosure is required even if the entity or person has ceased to 19
be a party, elected member, candidate or group (as the case 20
requires) at the time the disclosure is required to be made, so long 21
as the entity or person was a party, elected member, candidate or 22
group at any time during the relevant disclosure period. 23
Note. See section 84 (2) for extension of disclosure and other 24
requirements to individuals who accept donations before they nominate 25
or register as candidates or groups. 26
89 Relevant disclosure period 27
(1) For the purposes of this Part, the relevant disclosure period is 28
each 6-month period ending on 30 June and on 31 December. 29
(2) In the case of a candidate, the first relevant disclosure period for 30
the candidate registered for an election (the current election) 31
includes the period commencing on: 32
(a) if the candidate was registered at any time in the Register 33
of Candidates for the previous general election--the 31st 34
day after polling day for that previous general election, or 35
(b) if the candidate was registered at any time in the Register 36
of Candidates for a by-election (not being the current 37
election) following the previous general election--the 31st 38
day after polling day for that by-election, or 39
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Schedule 1 Amendments
(c) the day that is 12 months before the day on which the 1
candidate was nominated for election at the current 2
election, 3
whichever first occurs, but not including a period during which 4
he or she was an elected member. 5
Note. The transitional provisions (Part 5 of Schedule 2) make special 6
provision for the first relevant disclosure period. 7
90 Person responsible for making disclosures 8
The person who is responsible for making a disclosure required 9
under this Part is as follows: 10
(a) in the case of a party--the party agent, 11
(b) in the case of an elected member--the official agent of the 12
member, 13
(c) in the case of a group or candidate--the official agent of 14
the group or candidate, 15
(d) in the case of a major political donor--the political donor. 16
91 When and how disclosures to be made 17
(1) Disclosures under this Part are to be made within 8 weeks after 18
the end of each relevant disclosure period (or within such other 19
period as may be prescribed by the regulations). 20
Note. Unless otherwise prescribed, disclosures are to be made before 21
26 February for the period ending on 31 December in the previous year, 22
and before 26 August for the period ending on 30 June in that year. See 23
section 96L for the extension of the due date for making disclosures in 24
particular cases, and section 96M for the amendment of disclosures that 25
have been made. 26
(2) Disclosures are to be made in a declaration lodged with the 27
Authority in the form and manner approved by the Authority 28
(except as provided by this section). 29
(3) A particular political donation is not required to be disclosed in 30
such a declaration if the disclosure of the donation has been made 31
on a website maintained by the Authority for that purpose, but 32
only if: 33
(a) the donation is of a category that is authorised to be so 34
disclosed according to the directions on that website, and 35
(b) the disclosure is made in accordance with those directions. 36
The regulations may make provision with respect to any such 37
website. 38
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(4) A declaration lodged under this section is to contain a statement 1
to the effect that all disclosures required to be made in relation to 2
the relevant disclosure period have been made. 3
(5) A declaration is required to be lodged under this section even if 4
it does not contain any disclosures (unless all the disclosures 5
required to be made have been made under subsection (3) on the 6
website maintained by the Authority). 7
(6) Disclosures in a declaration lodged under this section, or made 8
on a website maintained by the Authority, are required to be 9
vouched for in the manner prescribed by the regulations. 10
Note. Sections 110 and 110A contain investigative powers to enable the 11
Authority to investigate compliance with the disclosure requirements 12
under this Part. 13
92 Political donations required to be disclosed 14
(1) General 15
Political donations are to be disclosed in accordance with this 16
section. 17
(2) Reportable political donations 18
Disclosure of reportable political donations is to include 19
disclosure of the following details of each such donation made 20
during the relevant disclosure period: 21
(a) the party, elected member, group or candidate to or for 22
whose benefit the donation was made (or, if the case 23
requires, the major political donor to whom the donation 24
was made), 25
(b) the date on which the donation was made, 26
(c) the name of the donor, 27
(d) the residential address of the donor (in the case of an 28
individual) or the address of the registered or other official 29
office of the donor (in the case of an entity), 30
(e) the amount of the donation, 31
(f) in the case of a donor that is an entity and not an 32
individual--the Australian Business Number of the entity. 33
(3) Small donations 34
Disclosure of political donations (that are not reportable political 35
donations) is to include disclosure of: 36
(a) the total amount of those donations during the relevant 37
disclosure period, and 38
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(b) the total number of persons who made those donations. 1
This subsection does not apply to disclosures by major political 2
donors. 3
(4) Annual party membership or affiliation subscriptions 4
Disclosure by a party of political donations is to include 5
disclosure of: 6
(a) the total amount of annual or other subscriptions paid to 7
the party by members or affiliates of the party during the 8
relevant disclosure period, and 9
(b) each subscription rate, and 10
(c) the number of members who paid the subscriptions at each 11
such rate. 12
Disclosure of any such subscription is not required if it is 13
disclosed as a reportable political donation. 14
(5) Fund-raising ventures or functions 15
Disclosure of political donations is to include, in connection with 16
fund-raising ventures or functions during the relevant disclosure 17
period: 18
(a) either the net or gross proceeds of each such venture or 19
function (together with a disclosure as to whether the 20
amount is the net or gross proceeds), and 21
(b) details of each such venture or function (including a brief 22
description of its nature and the date on which or period in 23
which it was held), 24
but not including any amount of those proceeds that is separately 25
disclosed as a political donation. 26
(6) Loans 27
Disclosure of reportable political donations is to include 28
disclosure of the amount and lender of any reportable loan under 29
section 96G. 30
(7) Discretionary disclosures 31
Details of a political donation may be disclosed under this Part 32
even if they are not required to be disclosed under this section. 33
93 Electoral expenditure required to be disclosed 34
(1) Electoral expenditure required to be disclosed under this Part is 35
all expenditure for or in connection with promoting or opposing, 36
directly or indirectly, a party or the election of a candidate or 37
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candidates or for the purpose of influencing, directly or 1
indirectly, the voting at an election. 2
Note. See section 87 for definition of "electoral expenditure". 3
(2) The obligation under this Part to disclose any such expenditure of 4
a party in relation to any period can be complied with by lodging 5
with the Authority a copy of a return furnished to the Electoral 6
Commission by the agent of the party under section 314AB of the 7
Commonwealth Electoral Act 1918 of the Commonwealth in 8
respect of that period. 9
94 Separate disclosures not required of same item 10
(1) An item disclosed under this Part in relation to an elected member 11
need not be also disclosed in the member's capacity as a candidate 12
or as a member of a group, and an item disclosed under this Part 13
in relation to a candidate or a group that includes the candidate 14
need not be also disclosed in the candidate's capacity as an 15
elected member. 16
(2) An item disclosed under this Part in relation to a group need not 17
be also disclosed in relation to a member of the group, and an 18
item disclosed under this Part in relation to a candidate need not 19
be also disclosed in relation to the group of which the candidate 20
is a member. 21
95 Public access to disclosures, expenditure etc 22
(1) The Authority is to publish on a website maintained by the 23
Authority the disclosures of reportable political donations and 24
electoral expenditure under this Part (and other information it 25
considers relevant). 26
(2) The disclosures are to be published on the website as soon as 27
practicable after the due date for the making of the disclosures. 28
(3) The Authority may decline to publish on the website any 29
disclosure of political donations by a major political donor that 30
the Authority has reason to suspect is vexatious, false or 31
misleading. 32
(4) Copies of disclosures made in a declaration under this Part are to 33
be kept by the Authority for at least 6 years after the period to 34
which they relate and are to be available for public inspection 35
during ordinary office hours. 36
(5) The Authority may, on application made to it and the payment of 37
a reasonable fee determined by the Authority, provide copies of 38
or extracts from any such disclosures kept by the Authority. 39
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Division 3 Management of donations and expenditure 1
96 Requirements in relation to expenditure of political donations to 2
parties 3
(1) It is unlawful for political donations to a party to be used 4
otherwise than for the objects and activities of the party, 5
including the administration of the party and community 6
activities. 7
(2) In particular, it is unlawful for political donations to be used for 8
the personal use of an individual acting in a private capacity. 9
96A Requirements for political donations to, and electoral expenditure 10
by, elected member, group or candidate 11
(1) It is unlawful for political donations to an elected member to be 12
accepted unless: 13
(a) the member has an official agent, and 14
(b) the donations are made to that agent. 15
(2) It is unlawful for political donations to a group or candidate to be 16
accepted unless: 17
(a) the group or candidate is registered under this Act, and 18
(b) the group or candidate has an official agent, and 19
(c) the donations are made to that agent. 20
(3) It is unlawful for political donations to an elected member, group 21
or candidate to be used to incur electoral expenditure or 22
reimburse a person for incurring electoral expenditure unless: 23
(a) the donations were paid by the official agent into a 24
campaign account of the member, group or candidate kept 25
in accordance with section 96B, and 26
(b) the payment for that electoral expenditure is made by that 27
agent from that campaign account. 28
(4) Subject to the regulations, a person (other than an elected 29
member or candidate) may be appointed in writing by an official 30
agent to accept political donations to be made to the official agent 31
or to make payments for electoral expenditure from a campaign 32
account by the official agent, or both. 33
(5) It is unlawful for elected members, groups or candidates to make 34
payments for electoral expenditure for their own election or 35
re-election unless the payments are made from their campaign 36
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account kept in accordance with section 96B. The guidelines of 1
the Authority may exclude minor payments from the operation of 2
this subsection. 3
(6) It is unlawful for political donations to an elected member, group 4
or candidate to be used otherwise than: 5
(a) to incur electoral expenditure or reimburse a person for 6
incurring electoral expenditure, or 7
(b) for any other purpose authorised by this Act. 8
Note. See section 96B (5). 9
(7) Despite anything to the contrary in this section, it is not unlawful 10
for an elected member, group or candidate to accept political 11
donations and incur electoral expenditure without a campaign 12
account if: 13
(a) the political donations are not reportable political 14
donations and the total amount of those donations for the 15
election period does not exceed $1,000, or 16
(b) the political donations are not reportable political 17
donations and the total amount of electoral expenditure for 18
the election period does not exceed $1,000, or 19
(c) the regulations authorise the member, group or candidate 20
to do so. 21
The election period includes the period ending 30 days after the 22
polling day for the election and also includes the period 23
commencing 30 days after polling day for the previous general 24
election for the State or local government area, as the case 25
requires. 26
Note. See also section 49 which provides for the candidate to be his or 27
her own official agent when a campaign account is not required. 28
Disclosure of political donations and electoral expenditure is still 29
required even if a campaign account is not required under this 30
subsection. 31
96B Campaign accounts of elected members, groups or candidates 32
(1) The campaign account of an elected member, group or candidate 33
is to be a separate account with a bank, credit union, building 34
society or other entity prescribed by the regulations. 35
(2) The official agent for the time being of the elected member, 36
group or candidate to whom the account belongs is to be 37
authorised to operate the account, and that member, group or 38
candidate is not to operate the account. 39
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(3) A single account may be kept for a number of elected members, 1
groups or candidates with the same official agent if the funds of 2
(and relevant transactions relating to) each member, group or 3
candidate are accounted for separately. This subsection has effect 4
despite subsection (1) but subject to the regulations under 5
subsection (7). 6
(4) In addition to political donations, money may be paid into a 7
campaign account by the elected member, group or candidate to 8
whom the account belongs. In that case, the amount paid and the 9
terms on which the payment was made are to be disclosed in the 10
relevant declaration lodged under this Part for the period in which 11
the amount was paid. 12
Note. Section 77 (2A) requires election funding payments under Part 5 13
for a candidate or group to be paid into the relevant campaign account. 14
(5) Payments out of a campaign account may only be made: 15
(a) for the purposes of electoral expenditure incurred by or on 16
behalf of the elected member, group or candidate to whom 17
the account belongs, or 18
(b) with the approval of the elected member, group or 19
candidate to whom the account belongs, for the purposes 20
of lawful expenditure referred to in section 96 incurred by 21
or on behalf of the party of which they are a member, or 22
(c) to reimburse the elected member, group or candidate for 23
money paid into the account by the member, group or 24
candidate, or 25
(d) for the purpose of the elected member, group or candidate 26
to whom the account belongs to make political donations 27
to elected members, groups or candidates who are 28
members of the same party, or 29
(e) for the purposes of expenditure incurred in connection 30
with parliamentary or council duties of the person to whom 31
the account belongs or in connection with community 32
activities. 33
(6) Any amount remaining in a campaign account after the elected 34
member, group or candidate to whom the account belongs ceases 35
to be an elected member, group or candidate and no longer 36
requires the account is to be paid: 37
(a) to any party of which any such person was a member at the 38
time the person last became an elected member or last 39
contested an election to become an elected member, or 40
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(b) in the case of a group--to the campaign accounts (if any) 1
belonging to the candidates who were members of the 2
group (the amount being divided equally among the 3
candidates), or 4
(c) subject to paragraphs (a) and (b)--to a charity nominated 5
by the person or by the Authority (if the person cannot be 6
contacted after due inquiry). 7
(7) The regulations may make provision for or with respect to 8
campaign accounts (including the control of accounts, the 9
keeping of joint accounts and the provision of information to and 10
the audit of accounts by the Authority). 11
96C Person accepting reportable political donations to record details 12
(1) It is unlawful for a person to accept a reportable political donation 13
that is required to be disclosed under this Part unless the person: 14
(a) makes a record of the details required to be disclosed under 15
this Part in relation to the donation, and 16
(b) provides a receipt for the donation (being a receipt that 17
includes a statement required by the regulation as to the 18
circumstances in which the donor is obliged to disclose the 19
donation under this Part). 20
Note. Section 96I (2) requires the above record to be kept for at least 21
3 years. 22
(2) This section does not apply to a political donation that is not a 23
reportable political donation at the time it is made. 24
Note. Political donations of less than $1,000 may become reportable 25
political donations if separate donations by the same person in the same 26
financial year exceed $1,000. 27
Division 4 Prohibition of certain political donations etc 28
96D Prohibition on donations from entities without ABN 29
It is unlawful for a person to accept a reportable political donation 30
that is required to be disclosed under this Part unless: 31
(a) it is made by an individual, or 32
(b) it is made by an entity that has an Australian Business 33
Number (ABN). 34
96E Prohibition on certain indirect campaign contributions 35
(1) It is unlawful for a person to make any of the following indirect 36
campaign contributions to a party, elected member, group or 37
candidate: 38
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(a) the provision of office accommodation, vehicles, 1
computers or other equipment for no consideration or 2
inadequate consideration for use solely or substantially for 3
election campaign purposes, 4
(b) the full or part payment by a person other than the party, 5
elected member, group or candidate of electoral 6
expenditure for advertising or other purposes incurred or to 7
be incurred by the party, elected member, group or 8
candidate (or an agreement to make such a payment), 9
(c) the waiving of all or any part of payment to the person by 10
the party, elected member, group or candidate of electoral 11
expenditure for advertising incurred or to be incurred by 12
the party, elected member, group or candidate, 13
(d) any other goods or services of a kind prohibited by the 14
regulations. 15
Electoral expenditure for advertising is taken to be incurred by a 16
party, elected member, group or candidate if the advertising is 17
authorised by the party, elected member, group or candidate. 18
(2) It is unlawful for a person to accept any such indirect campaign 19
contribution. 20
(3) However, an indirect campaign contribution prohibited by this 21
section does not include: 22
(a) the provision of volunteer labour or the incidental or 23
ancillary use of vehicles or equipment of volunteers or 24
other things authorised by the guidelines of the Authority, 25
or 26
(b) anything provided or done by a party for the candidates 27
endorsed by the party in accordance with arrangements 28
made by the party agent of the party, or 29
(c) anything provided or done whose value as a gift does not 30
exceed $1,000 unless the total value of all such things 31
provided or done by the same person over the same 32
financial year (ending 30 June) exceeds $1,000, or 33
(d) a payment under Part 5 or 6A, or 34
(e) any other thing of a kind permitted by the regulations. 35
96F Prohibition on receiving gifts of unknown source 36
It is unlawful for a person to accept a reportable political donation 37
that is required to be disclosed under this Part unless: 38
(a) the name and address of the person who made the donation 39
are known to the person accepting the donation, and 40
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(b) when the donation is made, the person making the 1
donation gives to the person accepting the donation his or 2
her name and address, and the person accepting the 3
donation has no grounds to believe that the name and 4
address so given are not the true name and address of the 5
person making the donation. 6
96G Prohibition on receiving loans unless details recorded 7
(1) It is unlawful for a person to receive a reportable loan (other than 8
a loan from a financial institution), unless the person makes a 9
record of the following: 10
(a) the terms and conditions of the loan, 11
(b) the name and address of the entity or other person making 12
the loan. 13
(2) A reportable loan is a loan that, if it had been a gift, would be a 14
reportable political donation that is required to be disclosed under 15
this Part. 16
(3) For the purposes of this section: 17
(a) separate loans made by one entity or other person to the 18
same party, elected member, group, candidate or person 19
within a relevant disclosure period are to be aggregated 20
and treated as a single loan, and 21
(b) each transaction in which credit is provided by the use of a 22
credit card is taken to be a separate loan. 23
(4) In this section: 24
financial institution means an entity whose principal business is 25
the provision of financial services or financial products, and 26
includes a bank, credit union, building society or other entity 27
prescribed by the regulations. 28
loan means an advance of money, the provision of credit or any 29
other transaction that in substance effects a loan of money. 30
Division 5 Miscellaneous 31
96H Offences relating to disclosures 32
(1) A person who is required to lodge a declaration under section 91 33
but who fails to do so within the time required by this Part is 34
guilty of an offence. 35
Maximum penalty: 200 penalty units. 36
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(2) A person who makes a statement: 1
(a) in a declaration or other disclosure under this Part, or 2
(b) in a request under this Part for an extension of the due date 3
for making the disclosure, 4
that the person knows is false, or that the person does not 5
reasonably believe is true, is guilty of an offence. 6
Maximum penalty: 200 penalty units or imprisonment for 7
12 months, or both. 8
(3) An elected member, member of a group or candidate who, in 9
relation to a matter required to be disclosed under this Part by the 10
official agent of the elected member, group or candidate, gives or 11
withholds information to or from the agent knowing that it will 12
result in the making of a false statement in a disclosure or request 13
under this Part by the agent is guilty of an offence. 14
Maximum penalty: 200 penalty units. 15
96I Other offences 16
(1) A person who does any act knowing that it is unlawful under 17
Division 3 or 4 is guilty of an offence. 18
(2) A person who fails to keep for at least 3 years: 19
(a) a record made by the person under section 96C relating to 20
a reportable political donation, or 21
(b) any other record that is required by the regulations to be 22
kept by the person for that period, 23
is guilty of an offence. 24
Maximum penalty: In the case of a party, 200 penalty units or in 25
any other case, 100 penalty units. 26
96J Recovery of unlawful donations etc 27
If a person accepts a political donation, loan or indirect campaign 28
contribution that is unlawful because of this Part, an amount 29
equal to the amount or value of the donation, loan or contribution 30
(or double that amount if that person knew that it was unlawful) 31
is payable by that person to the State and may be recovered by the 32
Authority as a debt due to the State from: 33
(a) in the case of a donation, loan or contribution received by 34
a party that is a body corporate--the party, or 35
(b) in the case of a donation, loan or contribution received by 36
a party that is not a body corporate--the party agent of the 37
party, or 38
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(c) in any other case--the person who received the donation, 1
loan or contribution or the official agent of the person. 2
96K Audit certificate 3
(1) A declaration of disclosures under this Part (other than a 4
declaration lodged by a major political donor) is to be 5
accompanied by a certificate of an auditor stating: 6
(a) that the auditor was given full and free access at all 7
reasonable times to all accounts and documents of the 8
agent responsible for lodging the declaration and of the 9
party, elected member, group or candidate (as the case 10
requires) relating directly or indirectly to any matter 11
required to be disclosed under this Part, and 12
(b) that the auditor duly examined such of those accounts and 13
documents as the auditor considered material for the 14
purposes of giving the certificate, and 15
(c) that the auditor received all information and explanations 16
that the auditor asked for with respect to any matter 17
required to be set out in the declaration, subject to the 18
qualifications (if any) specified in the certificate, and 19
(d) that the auditor has no reason to think that any statement in 20
the declaration is not correct. 21
(2) Subsection (1) does not apply to a declaration lodged in relation 22
to a group or candidate if the regulations exempt, or the Authority 23
waives, compliance with the audit requirement for the disclosure. 24
(3) The Authority may waive compliance with the audit requirement 25
in either of the following cases: 26
(a) where the declaration contains a statement to the effect that 27
no political donations were received and no electoral 28
expenditure was incurred, 29
(b) where the group or candidate to whom the declaration 30
relates is not eligible to receive a payment under Part 5. 31
(4) Such a waiver is at the discretion of the Authority, and may be 32
made before or after the disclosure is made. 33
(5) The Authority may revoke the waiver at any time. Revocation 34
does not affect the validity of a declaration already lodged, unless 35
the required certificate of an auditor is not forwarded to the 36
Authority within the time specified by the Authority. 37
(6) A declaration that is required by this section to be accompanied 38
by a certificate is not duly lodged under this Part unless it is 39
accompanied by the certificate. 40
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96L Extension of due date for making disclosures 1
(1) A person who is required to lodge a declaration of disclosures 2
under this Part but who is unable to lodge a complete declaration 3
by the due date may, before that date, request the Authority to 4
extend the due date for lodging the declaration. 5
(2) The Authority may, if satisfied that there is good cause to do so, 6
extend the due date for the lodging of the declaration to a date that 7
the Authority considers appropriate in the circumstances. 8
(3) The due date for lodging a declaration cannot be extended or 9
further extended under this section by more than 8 weeks in total. 10
(4) The Authority may, as a condition of extending the due date, 11
require the person to lodge a declaration containing disclosures 12
that the person is in a position to make at that time. 13
96M Amendment of disclosures 14
(1) The person who lodged a declaration under this Part (or that 15
person's successor as the agent of the party, elected member, 16
group or candidate concerned) may amend the declaration by 17
lodging an amended declaration with the Authority. 18
(2) The obligations under section 95 (Public access to disclosures, 19
expenditure etc) and section 96K (Audit certificate) extend to 20
both the original and any amended declaration. 21
(3) This section does not affect the liability for an offence in 22
connection with the declaration that is amended. 23
(4) In this section: 24
amend includes alter, omit, add or substitute. 25
declaration includes a disclosure made in accordance with this 26
Part on the website of the Authority. 27
[35] Part 6A Political Education Fund, section 97AB 28
Insert after section 97A: 29
97AB Application to State elections only 30
(1) This Part does not apply to or in relation to local government 31
elections. 32
(2) Accordingly, a reference in this Part to an election or general 33
election is a reference that relates to a State election. 34
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[36] Section 109 Certain persons not to be auditors 1
Omit "A candidate or registered agent". 2
Insert instead "An elected member, a candidate, a party agent or an official 3
agent". 4
[37] Section 110 Inspection 5
Omit paragraph (b) of the definition of inspector in section 110 (1). 6
Insert instead: 7
(b) who is not so employed but is subject to the control and 8
direction of the Authority in relation to any function under 9
this section, 10
[38] Section 110 (2) (a) and (3) (a) 11
Insert ", elected member" after "party" wherever occurring. 12
[39] Section 110 (6) 13
Omit "section 93". Insert instead "section 96K". 14
[40] Section 110 (7) 15
Omit "a person has failed to lodge a declaration as required by section 85A 16
(Obligation of individuals to make disclosure)". 17
Insert instead "a major political donor has failed to make a disclosure required 18
under Part 6". 19
[41] Section 110 (7) 20
Omit "the person". Insert instead "the donor". 21
[42] Section 110 (8) 22
Insert after section 110 (7): 23
(8) The Authority may request any person to provide it with relevant 24
information for the purposes of compliance audits in connection 25
with disclosures under Part 6. 26
[43] Section 110A Power to demand information of major political donors 27
regarding failures to disclose 28
Omit "a person has failed to lodge a declaration relating to electoral 29
expenditure as required by section 85A" from section 110A (1). 30
Insert instead "a major political donor has failed to make a disclosure required 31
under Part 6". 32
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[44] Section 110A (1) (a) 1
Omit "the person". Insert instead "the donor". 2
[45] Section 117 Regulations 3
Omit "political contributions" from section 117 (1) (a). 4
Insert instead "political donations". 5
[46] Section 117 (1) (a) and (4) 6
Insert ", elected members" after "parties" wherever occurring. 7
[47] Section 117 (1) (a1) and (a2) 8
Insert after section 117 (1) (a): 9
(a1) requiring the agents of parties, elected members, groups or 10
candidates to obtain valuations from a valuer approved by 11
the Authority of political donations that are not gifts of 12
money (or enabling the Authority to obtain any such 13
valuations), and 14
(a2) compliance audits by or on behalf of the Authority in 15
connection with disclosures under Part 6, and 16
[48] Schedule 2 Transitional provisions 17
Insert before Part 1: 18
Part 1A Regulations 19
1A Regulations 20
(1) The regulations may contain provisions of a savings or 21
transitional nature consequent on the enactment of the following 22
Acts: 23
Election Funding Amendment (Political Donations and 24
Expenditure) Act 2008 25
(2) Any such provision may, if the regulations so provide, take effect 26
from the date of assent to the Act concerned or a later date. 27
(3) To the extent to which any such provision takes effect from a date 28
that is earlier than the date of its publication in the Gazette, the 29
provision does not operate so as: 30
(a) to affect, in a manner prejudicial to any person (other than 31
the State or an authority of the State), the rights of that 32
person existing before the date of its publication, or 33
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(b) to impose liabilities on any person (other than the State or 1
an authority of the State) in respect of anything done or 2
omitted to be done before the date of its publication. 3
(4) The regulations under this clause have effect despite anything to 4
the contrary in this Schedule. 5
[49] Schedule 2, Part 5 6
Insert after Part 4: 7
Part 5 Provisions consequent on enactment of 8
Election Funding Amendment (Political 9
Donations and Expenditure) Act 2008 10
16 Definitions 11
In this Part: 12
amending Act means the Election Funding Amendment 13
(Political Donations and Expenditure) Act 2008. 14
last disclosure date means: 15
(a) in relation to a party registered under the Parliamentary 16
Electorates and Elections Act 1912 and in relation to State 17
elections--23 April 2007, or 18
(b) in relation to a party registered under the Local 19
Government Act 1993 and in relation to local government 20
elections--the date that is 30 days after the election date 21
for the last ordinary council election. 22
17 First relevant disclosure period--parties, elected members, 23
groups or candidates 24
For the purposes of Part 6 of this Act, the first relevant disclosure 25
period in relation to: 26
(a) parties, or 27
(b) elected members, or 28
(c) groups or candidates, 29
is the period commencing on the day after the last disclosure date 30
and ending on 30 June 2008. 31
Note. The disclosures for that first relevant disclosure period are to be 32
made, subject to the regulations, within 8 weeks after the end of that 33
period (ie before 26 August 2008). Section 95 (2) requires the Authority 34
to publish the declaration of disclosures for that first relevant disclosure 35
period on the website of the Authority as soon as practicable after that 36
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date. Candidates required to make disclosures include persons who 1
have accepted political donations for the 2008 local government 2
elections even if they have not yet nominated for election or registered 3
as a candidate (see section 84 (2)). 4
18 First relevant disclosure period--major political donors 5
For the purposes of Part 6 of this Act, the first relevant disclosure 6
period (except where clause 17 applies) is the 6-month period 7
ending on 31 December 2008, and including the period 8
commencing on the day after the last disclosure date and ending 9
at the beginning of that 6-month period. 10
19 Date on which new requirements for receipt and management of 11
political donations and electoral expenditure have effect 12
(1) The requirements of the following provisions do not have effect 13
until 1 August 2008: 14
(a) section 96A (Requirements for political donations to, and 15
electoral expenditure by, elected member, group or 16
candidate), 17
(b) section 96B (Campaign accounts of elected members, 18
groups or candidates), 19
(c) section 96C (Person accepting reportable political 20
donations to record details), 21
(d) Division 4 (Prohibition of certain political donations). 22
(2) After the date those provisions have effect in relation to a party, 23
elected member, candidate or group, section 96A extends to the 24
use of political donations made before that date to incur electoral 25
expenditure or reimbursing a person for incurring electoral 26
expenditure after that date. 27
Note. Subclause (2) will operate to require political donations made but 28
not spent before the relevant date for the establishment of campaign 29
accounts to be paid into the relevant campaign account if the money is 30
to be spent on electoral expenditure. 31
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(3) The Authority may, if satisfied there is good cause to do so, 1
waive compliance with those provisions, in any particular case or 2
class of cases, in relation to matters arising during the period 3
ending on the date that is 30 days after the election date for the 4
ordinary council election in 2008. Any such waiver may be given 5
before or after the date on which the provision is required to be 6
complied with, and may be given subject to any conditions 7
specified by the Authority. 8
Page 33
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