Election Funding, Expenditure and Disclosures Amendment Act 2012 (NSW)

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.

1Name of Act

This Act is the Election Funding, Expenditure and Disclosures Amendment Act 2012.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Principal amendments to Election Funding, Expenditure and Disclosures Act 1981 No 78[1]Section 87 Meaning of “electoral expenditure” and “electoral communication expenditure”

Insert after section 87 (3) (before the note):

(4)

Electoral expenditure (and electoral communication expenditure) does not include expenditure incurred by an entity or other person (not being a registered party, elected member, group or candidate) if the expenditure is not incurred for the dominant purpose of promoting or opposing a party or the election of a candidate or candidates or influencing the voting at an election.

[2]Section 95G Aggregation of applicable caps

Insert at the end of the section:

(6)

Electoral communication expenditure incurred by a party that is of or less than the amount specified in section 95F for the party (as modified by subsection (2) in the case of associated parties) is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral communication expenditure by an affiliated organisation of that party exceed the applicable cap so specified for the party.

(7)

In subsection (6), an affiliated organisation of a party means a body or other organisation, whether incorporated or unincorporated, that is authorised under the rules of that party to appoint delegates to the governing body of that party or to participate in pre-selection of candidates for that party (or both).

[3]Section 96D

Omit the section. Insert instead:

96DProhibition on political donations other than by individuals on the electoral roll(1)

It is unlawful for a political donation to a party, elected member, group, candidate or third-party campaigner to be accepted unless the donor is an individual who is enrolled on the roll of electors for State elections, the roll of electors for federal elections or the roll of electors for local government elections.

(2)

It is unlawful for an individual to make a political donation to a party, elected member, group, candidate or third-party campaigner on behalf of a corporation or other entity.

(3)

It is unlawful for a corporation or other entity to make a gift to an individual for the purpose of the individual making a political donation to a party, elected member, group, candidate or third-party campaigner.

(4)

Annual or other subscriptions paid to a party by a person or entity (including an industrial organisation) for affiliation with the party that are, by the operation of section 85 (3), taken to be gifts (and political donations to the party) are subject to this section. Accordingly, payment of any such subscription by an industrial organisation or other entity is unlawful under this section.

(5)

Dispositions of property between branches of parties or between associated parties that are, by the operation of section 85 (3A), taken to be gifts (and political donations to the parties) are not subject to this section.

Schedule 2Consequential amendments to Election Funding, Expenditure and Disclosures Act 1981 No 78[1]Section 84 Definitions—general

Omit “entity or other person (not being a party, elected member, group or candidate)” from the definition of major political donor in section 84 (1).

Insert instead “individual (not being an elected member or candidate)”.

[2]Section 84 (5)

Omit the subsection.

[3]Section 86 Meaning of “reportable political donation”

Omit “entity or other person” and “entity or person” wherever occurring in section 86 (2) and (3).

Insert instead “individual”.

[4]Section 92 Political donations required to be disclosed

Omit “(in the case of an individual) or the address of the registered or other official office of the donor (in the case of an entity)” from section 92 (2) (d).

[5]Section 92 (2) (f)

Omit the paragraph.

[6]Section 95A Applicable cap on political donations

Omit “entity or other person” and “entity or person” wherever occurring in section 95A (2) and (3).

Insert instead “individual”.

[7]Section 95B Prohibition on political donations that exceed applicable cap

Omit section 95B (6).

[8]Section 96E Prohibition on certain indirect campaign contributions

Insert after section 96E (3):

Note—

An indirect campaign contribution that is a political donation as a gift (although excluded from the operation of this section if its value as a gift does not exceed $1,000) cannot be made by a corporation because of section 96D.

[9]Section 96G Prohibition on receiving loans unless details recorded

Omit “entity or other” wherever occurring in section 96G (1) (b) and (3) (a).

[10]Section 96GAB

Insert after section 96GAA:

96GABSuperseded provision of Division relating to corporate donations

After the commencement of Schedule 1 [3] to the Election Funding, Expenditure and Disclosures Amendment Act 2012, section 96D makes it unlawful for a political donation to be made other than by an individual. Accordingly, a person cannot be punished twice for an offence arising under section 96I for a single act that is unlawful under both this Division and section 96D.

[11]Schedule 2 Transitional provisions

Insert at the end of clause 1A (1):

Election Funding, Expenditure and Disclosures Amendment Act 2012

[12]Schedule 2

Insert after Part 5:

Part 6Provisions consequent on enactment of Election Funding, Expenditure and Disclosures Amendment Act 201220Definition

In this Part, amending Act means the Election Funding, Expenditure and Disclosures Amendment Act 2012.

21Application of amendments(1)

The amendment made by Schedule 1 [2] to the amending Act applies to elections held after the commencement of that amendment.

(2)

The amendment made by Schedule 1 [3] to the amending Act applies to political donations made after the commencement of that amendment.