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This is a Bill, not an Act. For current law, see the Acts databases.
Election Funding, Expenditure and
Disclosures Amendment Bill 2011
No , 2011
A Bill for
An Act to amend the Election Funding, Expenditure and Disclosures Act 1981 in
relation to caps on electoral communication expenditure and prohibitions on political
donations.
Clause 1 Election Funding, Expenditure and Disclosures Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Election Funding, Expenditure and Disclosures 3
Amendment Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Election Funding, Expenditure and Disclosures Amendment Bill 2011
Principal amendments to Election Funding, Expenditure and Disclosures Schedule 1
Act 1981 No 78
Schedule 1 Principal amendments to Election 1
Funding, Expenditure and Disclosures 2
Act 1981 No 78 3
[1] Section 95G Aggregation of applicable caps 4
Insert at the end of the section: 5
(6) Aggregation of expenditure of parties and affiliated 6
organisations 7
Electoral communication expenditure incurred by a party that is 8
of or less than the amount specified in section 95F for the party 9
(as modified by subsection (2) in the case of associated parties) is 10
to be treated as expenditure that exceeds the applicable cap if that 11
expenditure and any other electoral communication expenditure 12
by an affiliated organisation of that party exceed the applicable 13
cap so specified for the party. 14
(7) In subsection (6), an affiliated organisation of a party means a 15
body or other organisation, whether incorporated or 16
unincorporated, that is authorised under the rules of that party to 17
appoint delegates to the governing body of that party or to 18
participate in pre-selection of candidates for that party (or both). 19
[2] Section 96D 20
Omit the section. Insert instead: 21
96D Prohibition on political donations other than by individuals on the 22
electoral roll 23
(1) It is unlawful for a political donation to a party, elected member, 24
group, candidate or third-party campaigner to be accepted unless 25
the donor is an individual who is enrolled on the roll of electors 26
for State elections, the roll of electors for federal elections or the 27
roll of electors for local government elections. 28
(2) It is unlawful for an individual to make a political donation to a 29
party, elected member, group, candidate or third-party 30
campaigner on behalf of a corporation or other entity. 31
(3) It is unlawful for a corporation or other entity to make a gift to an 32
individual for the purpose of the individual making a political 33
donation to a party, elected member, group, candidate or 34
third-party campaigner. 35
(4) Annual or other subscriptions paid to a party by a person or entity 36
(including an industrial organisation) for affiliation with the party 37
that are, by the operation of section 85 (3), taken to be gifts (and 38
Page 3
Election Funding, Expenditure and Disclosures Amendment Bill 2011
Schedule 1 Principal amendments to Election Funding, Expenditure and Disclosures
Act 1981 No 78
political donations to the party) are subject to this section. 1
Accordingly, payment of any such subscription by an industrial 2
organisation or other entity is unlawful under this section. 3
(5) Dispositions of property between branches of parties or between 4
associated parties that are, by the operation of section 85 (3A), 5
taken to be gifts (and political donations to the parties) are not 6
subject to this section. 7
Page 4
Election Funding, Expenditure and Disclosures Amendment Bill 2011
Consequential amendments to Election Funding, Expenditure and Schedule 2
Disclosures Act 1981 No 78
Schedule 2 Consequential amendments to Election 1
Funding, Expenditure and Disclosures 2
Act 1981 No 78 3
[1] Section 84 Definitions--general 4
Omit "entity or other person (not being a party, elected member, group or 5
candidate)" from the definition of major political donor in section 84 (1). 6
Insert instead "individual (not being an elected member or candidate)". 7
[2] Section 84 (5) 8
Omit the subsection. 9
[3] Section 86 Meaning of "reportable political donation" 10
Omit "entity or other person" and "entity or person" wherever occurring in 11
section 86 (2) and (3). 12
Insert instead "individual". 13
[4] Section 92 Political donations required to be disclosed 14
Omit "(in the case of an individual) or the address of the registered or other 15
official office of the donor (in the case of an entity)" from section 92 (2) (d). 16
[5] Section 92 (2) (f) 17
Omit the paragraph. 18
[6] Section 95A Applicable cap on political donations 19
Omit "entity or other person" and "entity or person" wherever occurring in 20
section 95A (2) and (3). 21
Insert instead "individual". 22
[7] Section 95B Prohibition on political donations that exceed applicable 23
cap 24
Omit section 95B (6). 25
[8] Section 96E Prohibition on certain indirect campaign contributions 26
Insert after section 96E (3): 27
Note. An indirect campaign contribution that is a political donation as a 28
gift (although excluded from the operation of this section if its value as a 29
gift does not exceed $1,000) cannot be made by a corporation because 30
of section 96D. 31
Page 5
Election Funding, Expenditure and Disclosures Amendment Bill 2011
Schedule 2 Consequential amendments to Election Funding, Expenditure and
Disclosures Act 1981 No 78
[9] Section 96G Prohibition on receiving loans unless details recorded 1
Omit "entity or other" wherever occurring in section 96G (1) (b) and (3) (a). 2
[10] Section 96GAB 3
Insert after section 96GAA: 4
96GAB Superseded provision of Division relating to corporate donations 5
After the commencement of Schedule 1 [2] to the Election 6
Funding, Expenditure and Disclosures Amendment Act 2011, 7
section 96D makes it unlawful for a political donation to be made 8
other than by an individual. Accordingly, a person cannot be 9
punished twice for an offence arising under section 96I for a 10
single act that is unlawful under both this Division and 11
section 96D. 12
[11] Schedule 2 Transitional provisions 13
Insert at the end of clause 1A (1): 14
Election Funding, Expenditure and Disclosures Amendment 15
Act 2011 16
[12] Schedule 2 17
Insert after Part 5: 18
Part 6 Provisions consequent on enactment of 19
Election Funding, Expenditure and 20
Disclosures Amendment Act 2011 21
20 Definition 22
In this Part, amending Act means the Election Funding, 23
Expenditure and Disclosures Amendment Act 2011. 24
21 Application of amendments 25
(1) The amendment made by Schedule 1 [1] to the amending Act 26
applies to elections held after the commencement of that 27
amendment. 28
Page 6
Election Funding, Expenditure and Disclosures Amendment Bill 2011
Consequential amendments to Election Funding, Expenditure and Schedule 2
Disclosures Act 1981 No 78
(2) The amendment made by Schedule 1 [2] to the amending Act 1
applies to political donations made after the commencement of 2
that amendment. 3
Page 7
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