Election Funding and Disclosures Amendment (Property Developers Prohibition) Act 2009 (NSW)

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An Act to amend the Election Funding and Disclosures Act 1981 to prohibit political donations by property developers.

1Name of Act

This Act is the Election Funding and Disclosures Amendment (Property Developers Prohibition) Act 2009.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Election Funding and Disclosures Act 1981 No 78[1]Part 6, Division 4A

Insert after Division 4:

Division 4AProhibition of property developer donations96GAPolitical donations by property developers unlawful(1)

It is unlawful for a property developer to make a political donation.

(2)

It is unlawful for a person to make a political donation on behalf of a property developer.

(3)

It is unlawful for a person to accept a political donation that was made (wholly or partly) by a property developer or by a person on behalf of a property developer.

(4)

It is unlawful for a property developer to solicit another person to make a political donation.

(5)

It is unlawful for a person to solicit another person on behalf of a property developer to make a political donation.

Note—

Section 96I makes it an offence to do any act knowing that it is unlawful under this Division. Section 96J also provides for the recovery by the Authority of unlawful political donations.

96GBMeaning of “property developer”(1)

Each of the following persons is a property developer for the purposes of this Division:

  • (a)

    a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation in connection with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit,

  • (b)

    a person who is a close associate of a corporation referred to in paragraph (a).

(2)

Any activity engaged in by a corporation for the dominant purpose of providing commercial premises at which the corporation or a related body corporate of the corporation will carry on business is to be disregarded for the purpose of determining whether the corporation is a property developer unless that business involves the sale or leasing of a substantial part of the premises.

(3)

In this section:

close associate of a corporation means each of the following:

  • (a)

    a director or officer of the corporation or the spouse of such a director or officer,

  • (b)

    a related body corporate of the corporation,

  • (c)

    a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20% or the spouse of such a person,

  • (d)

    if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to that stapled security,

  • (e)

    if the corporation is a trustee, manager or responsible entity in relation to a trust—a person who holds more than 20% of the units in the trust (in the case of a unit trust)…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.