New South Wales Consolidated Acts

ELECTION FUNDING AND DISCLOSURES ACT 1981

- As at 25 November 2009
- Act 78 of 1981

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions

   PART 2 - THE ELECTION FUNDING AUTHORITY

   5.      Constitution of the Authority
   6.      Members of the Authority
   7.      Chairperson
   8.      Alternates
   9.      Eligibility for appointment
   10.     Duty of Minister with respect to appointments
   11.     Provisions relating to nominations
   12.     Term of office of appointed members and alternates
   13.     Vacation of office
   14.     Filling of casual vacancies
   15.     Meetings of the Authority
   16.     Acting Chairperson
   17.     Voting
   18.     Minutes
   19.     Fees and allowances
   20.     Public Service Act 1979 not to apply
   21.     Members not personally liable

   PART 3 - RESPONSIBILITIES OF THE AUTHORITY

   22.     General functions
   23.     Particular functions
   24.     Guidelines
   25.     Research

   PART 4 - REGISTRATION

           Division 1 - Preliminary

   26.     Application to registration for State and local government elections
   27.     Qualification of persons to be appointed as party or official agents
           28-30. (Repealed)

           Division 2 - Register of Candidates

   31.     Register of Candidates to be kept
   32.     Registration
   33.     Applications for registration of candidates
   34.     Application for registration of groups
   35.     Lodging of applications
   36.     Refusal to register candidates
   37.     Refusal to register groups
   38.     Amendment of Register

           Division 3 - Register of Party Agents

   39.     Register of Party Agents to be kept
   40.     Registration
   41.     Appointment etc of party agents
   42.     Entries in the Register
   43.     Amendment of Register

           Division 4 - Register of Official Agents

   44.     Register of Official Agents to be kept
   45.     Registration
   46.     Appointment etc of official agents
   47.     Entries in the Register
   48.     Amendment of Register
   49.     Where there is no official agent for a candidate or group

           Division 5 - Registers for by-elections

   50.     Application of this Division
   51.     Registers for by-elections

           Division 6 - General

   52.     Public access to registers
   53.     Statutory declarations
   54.     False statements

   PART 5 - PUBLIC FUNDING OF ELECTION CAMPAIGNS

           Division 1 - Preliminary

   54A.    Application to State elections only
   55.     Election campaign expenditure

           Division 2 - Constitution of the funds

   56.     Creation of the funds
   57.     Determination of credits to funds

           Division 3 - The Central Fund

   58.     Credits to the Central Fund
   59.     General entitlements of parties
   60.     General entitlements of independent groups in Council elections
   61.     General entitlements of independent candidates in Council elections
   62.     Formula for the distribution of the Central Fund
   63.     Maximum amounts payable

           Division 4 - The Constituency Fund

   64.     Credits to the Constituency Fund
   65.     General entitlements of candidates in Assembly elections
   66.     Constituency Fund to be divided among electoral districts
   67.     Formula for the distribution of the Constituency Fund
   68.     Maximum amounts payable

           Division 5 - Advance payments

   69.     Entitlements to advance payments
   70.     Advance payments to be deducted from other entitlements
   71.     Overpayments
   71A.    Recovery of advance payments

           Division 6 - Funds for by-elections

   72.     Application of this Division
   73.     By-election Constituency Fund
   73A.    Entitlement of parties at by-elections

           Division 7 - General

   74.     Claims for, and approvals of, payments
   75.     Audit of claim
   76.     Expenditure to be vouched for
   76A.    Making payments to party at direction of candidate
   77.     Making of payments
   77A.    Prepayment on lodgment of claims
   78.     Payments conditional on disclosure of political donations etc
   79.     Death of a candidate
   80.     Alteration in composition of group
   81.     Public access to claims etc
   82.     False statements

   PART 6 - POLITICAL DONATIONS AND ELECTORAL EXPENDITURE

           Division 1 - Preliminary

   83.     Application
   84.     Definitions-general
   85.     Meaning of “political donation”
   86.     Meaning of “reportable political donation”
   87.     Meaning of “electoral expenditure”

           Division 2 - Disclosure of political donations and electoral expenditure

   88.     Disclosures required to be made
   89.     Relevant disclosure period
   90.     Person responsible for making disclosures
   91.     When and how disclosures to be made
   92.     Political donations required to be disclosed
   93.     Electoral expenditure required to be disclosed
   94.     Separate disclosures not required of same item
   95.     Public access to disclosures, expenditure etc

           Division 3 - Management of donations and expenditure

   96.     Requirements in relation to expenditure of political donations to parties
   96A.    Requirements for political donations to, and electoral expenditure by, elected member, group or candidate
   96B.    Campaign accounts of elected members, groups or candidates
   96C.    Person accepting reportable political donations to record details

           Division 4 - Prohibition of certain political donations etc

   96D.    Prohibition on donations from entities without ABN
   96E.    Prohibition on certain indirect campaign contributions
   96F.    Prohibition on receiving gifts of unknown source
   96G.    Prohibition on receiving loans unless details recorded

           Division 5 - Miscellaneous

   96H.    Offences relating to disclosures
   96I.    Other offences
   96J.    Recovery of unlawful donations etc
   96K.    Audit certificate
   96L.    Extension of due date for making disclosures
   96M.    Amendment of disclosures
   97.     (Repealed)

   PART 6A - POLITICAL EDUCATION FUND

   97A.    Definition
   97AB.   Application to State elections only
   97B.    Political Education Fund
   97C.    Parties entitled to receive annual payments from the Fund for purposes of political education
   97D.    Determinations relating to political education purposes
   97E.    How payments from the Fund are to be determined
   97F.    Party must claim for payments from the Fund
   97G.    Payments from the Fund to be made to agents
   97H.    Declarations etc by agents
   97I.    Recovery of unauthorised expenditure
   97J.    Unspent amounts to be carried over to following year
   97K.    False statements

   PART 7 - FINANCIAL PROVISIONS

   98.     Appropriation of Consolidated Fund for election funding
   99.     Funding of other expenses
   100.    Money received by Authority
   101.    Financial year of the Authority
           102, 103. (Repealed)

   PART 8 - MISCELLANEOUS

   104.    Shortened references to Authority
   105.    Proof of certain matters not required
   106.    Extensions of time
   107.    Reports to Parliament
   108.    (Repealed)
   109.    Certain persons not to be auditors
   110.    Inspection
   110A.   Power to demand information of major political donors regarding failures to disclose
   111.    Proceedings for offences
   112.    Prosecution of unincorporated bodies
   113.    Recovery of penalties etc from parties
   114.    Evidence
   115.    Delegation
   116.    Transitional provisions
   117.    Regulations
           SCHEDULE 1
           SCHEDULE 2