New South Wales Consolidated Acts

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ELECTION FUNDING, EXPENDITURE AND DISCLOSURES ACT 1981

- As at 7 July 2017
- Act 78 of 1981

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

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      (Repealed)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

   PART 2 - (Repealed)
   None

   PART 3 - RESPONSIBILITIES OF THE ELECTORAL COMMISSION

   22.     General functions
   23.     Particular functions
   24.     Guidelines
   25.     (Repealed)

   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 (Repealed)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
   32A.    Deemed registration of nominated candidates and groups
   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 2A - Register of Third-party Campaigners

   38A.    Register of Third-party Campaigners to be kept
   38B.    Registration
   38C.    Applications for registration
   38D.    Lodging of applications
   38E.    Refusal to register
   38F.    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.     Official agents of candidates and groups
   46A.    Official agents of elected members
   46B.    Official agents of third-party campaigners
   46C.    Procedure for appointing or revoking appointment of official agents
   47.     Entries in the Register
   48.     Amendment of Register
   49.     (Repealed)

           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 STATE ELECTION CAMPAIGNS

           Division 1 - Preliminary

   54A.    Application to State elections only
   54B.    Part 6 definitions apply
   55.     Meaning of electoral communication expenditure for a State election

           Division 2 - Public funding for electoral communication expenditure of parties and candidates

   56.     Establishment of Election Campaigns Fund
   57.     Registered parties eligible for public funding of election campaigns
   58.     Amount of public funding for eligible parties
   59.     Candidates eligible for public funding of election campaigns
   60.     Amount of public funding for eligible candidates
   61.     Expenditure claimed by both party and candidate
   62.     Payments to parties endorsing the same candidate or group
   63.     Entitlements to advance payments

           Division 3 - General provisions relating to funding

   64.     Claims for, and approvals of, payments
   65.     Review of claim
   66.     Expenditure to be vouched for
   67.     Making payments to party at direction of candidate
   68.     Making of payments
   69.     Prepayment on lodgment of claims
   70.     Payments conditional on disclosure of political donations etc
   71.     Death of a candidate
   71A.    (Repealed)
   72.     Deductions from payment for debts owed
   73.     Special provisions relating to groups
   73A.    (Repealed)
   74.     Public access to claims etc
   75.     False statements
           76-82. (Repealed)

   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” and “electoral communication expenditureDivision 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 2A - Caps on political donations

   95AA.   (Repealed)
   95A.    Applicable cap on political donations
   95B.    Prohibition on political donations that exceed applicable cap
   95C.    Prohibition on donations to more than 3 third-party campaigners
   95D.    Exemption from donation cap for party subscriptions and party levies

           Division 2B - Caps on electoral communication expenditure for State election campaigns

   95E.    Application to State elections only
   95F.    Applicable caps on electoral communication expenditure on State election campaigns
   95G.    Aggregation of applicable caps
   95H.    Capped State expenditure period
   95I.    Prohibition on incurring electoral communication expenditure exceeding applicable cap during State campaigns
   95J.    When is electoral communication expenditure incurred

           Division 3 - Management of donations and expenditure

   96.     Requirements for parties
   96A.    Requirements for political donations to, and electoral expenditure by, elected member, group or candidate
   96AA.   Requirements for third-party campaigners
   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.    Identification of persons from whom donations can be accepted
   96E.    Prohibition on certain indirect campaign contributions
   96EA.   Prohibition on political donations by parties etc to independent candidates
   96F.    Prohibition on receiving gifts of unknown source
   96G.    Prohibition on receiving loans unless details recorded

           Division 4A - Prohibition of donations from property developers or tobacco, liquor or gambling industries

   96GAA.  Meaning of “prohibited donor”
   96GAB.  (Repealed)
   96GA.   Political donations by prohibited donors unlawful
   96GB.   Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity   96GC.   Loans included as political donations
   96GD.   Exception for membership contributions
   96GE.   Determination by Electoral Commission that person not a prohibited donor

           Division 5 - Miscellaneous

   96H.    Offences relating to disclosures
   96HA.   Offences relating to caps on donations and expenditure
   96HB.   Offence relating to scheme to circumvent the donation or expenditure prohibitions or restrictions
   96I.    Other offences
   96J.    Recovery of unlawful donations etc
   96K.    Audit certificate
   96L.    Extension of due date for making disclosures
   96M.    Amendment of disclosures
   96N.    Annual financial statements of registered parties to accompany disclosures
   97.     (Repealed)

   PART 6A - ADMINISTRATIVE AND POLICY DEVELOPMENT FUNDING

           Division 1 - Preliminary

   97A.    Application to State members and parties only
   97AB.   (Repealed)
   97B.    Administrative expenditure-payments from Administration Fund
   97C.    Policy development expenditure-payments from Policy Development Fund

           Division 2 - Administrative funding for parties and independent members

   97D.    Establishment of Administration Fund
   97E.    Public funding of eligible parties for administrative expenditure
   97F.    Public funding of Independent members for administrative expenditure
   97G.    Parties with the same endorsed elected members
   97GA.   Quarterly payments
   97GB.   Quarterly advance payments

           Division 3 - Policy development funding for parties not entitled to administrative funding

   97H.    Establishment of Policy Development Fund
   97I.    Public funding of eligible parties for policy development expenditure

           Division 4 - General provisions relating to funding

   97J.    Claims for payment
   97K.    Declarations etc by agents
   97L.    Payments conditional on compliance with other obligations under this Act
   97M.    False statements

   PART 7 - FINANCIAL PROVISIONS

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

   PART 7A - SPECIAL PROVISIONS FOR 2015 STATE GENERAL ELECTION

   103A.   Application to 2015 State general election only
   103B.   Definitions
   103C.   Amount of public campaign funding for eligible parties
   103D.   Amount of public campaign funding for eligible independent candidates (or eligible candidates of parties not eligible for public campaign funding)
   103E.   No public campaign funding for endorsed candidates of eligible parties
   103F.   Special additional disclosure by recipients of political donations before 2015 election
   103G.   Indexation after 2011 State general election not to apply to political donation caps and electoral communication expenditure caps

   PART 8 - MISCELLANEOUS

           104, 105. (Repealed)
   106.    Extensions of time
   107.    Reports to Parliament
   108.    (Repealed)
   109.    Certain persons not to be auditors
   110.    Inspection
   110A.   Power to require provision of documents and information
   110B.   Compliance agreements
   111.    Proceedings for offences
   111A.   Penalty notices
   112.    Prosecution of unincorporated bodies
   113.    Recovery of penalties etc from parties
   114.    Evidence
   115.    (Repealed)
   116.    Transitional provisions
   117.    Regulations
           SCHEDULE 1
           SCHEDULE 2


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