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

An Act to amend the Election Funding, Expenditure and Disclosures Act 1981 with respect to the appointment of party agents and declarations containing no disclosures.

1Name of Act

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

2Commencement

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

Schedule 1Amendment of Election Funding, Expenditure and Disclosures Act 1981 No 78[1]Section 41 Appointment etc of party agents

Omit section 41 (10). Insert instead:

(10)

If a party fails to comply with a provision of this section:

• (a)

  the party is guilty of an offence and liable to a penalty not exceeding 200 penalty units, and

• (b)

  each person who, at the time the failure occurred, was an officer of the party is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

[2]Section 91 When and how disclosures to be made

Insert at the end of section 91 (5):

For the purposes of this Act (including this section and sections 90, 95 and 96H):

• (a)

  the declaration is taken to be the making of a disclosure required by this Part, and

• (b)

  the time required by this Part for lodging the declaration is taken to be the time prescribed by subsection (1) for the making of disclosures under this Part.

[3]Schedule 2 Transitional provisions

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

Election Funding, Expenditure and Disclosures Further Amendment Act 2012

[4]Schedule 2

Insert at the end of the Schedule:

Part 7Provisions consequent on enactment of Election Funding, Expenditure and Disclosures Further Amendment Act 201222Application of amendment(1)

The amendment to section 91 (5) of this Act made by the Election Funding, Expenditure and Disclosures Further Amendment Act 2012 extends to a declaration containing no disclosures for the relevant disclosure period ending on 30 June 2012.

(2)

The time required by Part 6 of this Act for lodging such a declaration is taken to be the day that is 28 days after the commencement of the amendment to section 91 (5) of this Act.