ELECTION FUNDING, EXPENDITURE AND DISCLOSURES ACT 1981 - As at 1 July 2018 - 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 (Repealed)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PART 2 - (Repealed)

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 (Repealed)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 (Repealed)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 (Repealed)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 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 2A - Caps on political donations

• 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

• 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