Electoral Funding Act 2018 (NSW)

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No judgment structure available for this case.

See also—

Electoral Funding Amendment (Major Political Donors) Bill 2025 [Non-government Bill— the Hon Tania Mihailuk, MLC]

An Act to make provision for the disclosure, capping and prohibition of certain political donations and electoral expenditure for parliamentary and local government election campaigns; to make provision for the public funding of parliamentary election campaigns and other activities; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Electoral Funding Act 2018.

2Commencement

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

3Objects of Act

(cf section 4A EFED Act)

The objects of this Act are as follows—

  • (a)

    to establish a fair and transparent electoral funding, expenditure and disclosure scheme,

  • (b)

    to facilitate public awareness of political donations,

  • (c)

    to help prevent corruption and undue influence in the government of the State or in local government,

  • (d)

    to provide for the effective administration of public funding of elections, recognising the importance of the appropriate use of public revenue for that purpose,

  • (e)

    to promote compliance by parties, elected members, candidates, groups, agents, associated entities, third-party campaigners and donors with the requirements of the electoral funding, expenditure and disclosure scheme.

s 3: Am 2018 No 68, Sch 1.11 [1].

Part 2Interpretation and key concepts4Definitions

(cf sections 4 and 84 EFED Act)

In this Act—

additional entitlement means an additional entitlement, other than the electoral allowance, of the kind referred to in the Parliamentary Remuneration Act 1989, section 10(3).

Administration Fund means the fund established under Division 2 of Part 5.

agent means a party agent or official agent.

applicable cap on electoral expenditure—see Division 4 of Part 3.

applicable cap on political donations—see Division 3 of Part 3.

Assembly means the Legislative Assembly of New South Wales.

Assembly general election means an election held for the return of members of the Assembly pursuant to writs issued by the Governor upon the dissolution or expiry of the Assembly.

associated entity means a corporation or another entity that operates solely for the benefit of one or more registered parties or elected members.

auditor includes a person appointed to conduct an audit under section 59(3) or 74(3).

by-election means—

  • (a)

    in relation to State elections—a by-election for the Assembly, or

  • (b)

    in relation to local government elections—a by-election for a councillor (including the mayor) of the council of a local government area.

candidate, in relation to an election, means a person nominated as a candidate at the election in accordance with the Electoral Act 2017 or in accordance with the Local Government Act 1993 (as the case requires) and includes a person applying for registration as, or registered as, a candidate in the Register of Candidates for the election.

capped expenditure period means a capped local government expenditure period or a capped State expenditure period.

capped local government expenditure period—see section 28.

capped State expenditure period—see section 27.

Council means the Legislative Council of New South Wales.

day of nomination, in relation to an election, means the day by which all nominations in the election must be made.

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

  • (a)

    the allotment of shares in a company, and

  • (b)

    the creation of a trust in property, and

  • (c)

    the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property, and

  • (d)

    the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property, and

  • (e)

    the exercise by a person of a special or general power of appointment of property in favour of any other person (or a hybrid of both), and

  • (f)

    any transaction entered into by any person with intent to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of any other person.

Note.

Property includes money.

donor means a person who or an entity that makes a gift.

elected member means—

  • (a)

    a member of Parliament, or

  • (b)

    a councillor (including the mayor) of the council of a local government area,

and includes a person who, during any period after ceasing to be a member of Parliament or a councillor, is entitled to remuneration as such a member or councillor.

election means a State election or a local government election.

Election Campaigns Fund means the fund established under Division 2 of Part 4.

election day means the day appointed for the taking of the polls at the election.

Electoral Commission means the New South Wales Electoral Commission constituted under the Electoral Act 2017.

Electoral Commissioner means the person for the time being holding or acting in the office of Electoral Commissioner under the Electoral Act 2017.

electoral district means a district for the election of a member to serve in the Assembly.

electoral expenditure—see section 7.

endorsed, in relation to a party, means endorsed, selected or otherwise accredited to stand as a representative of the party.

entity means—

  • (a)

    an incorporated or unincorporated body, or

  • (b)

    the trustee of a trust.

expenditure includes any disposition of property.

financial year, subject to section 136 (Financial year of the Electoral Commission), means the period of 12 months commencing on 1 July.

first preference votes means the first preference votes recorded for a candidate that are not rejected as informal at the election.

function includes a power, authority or duty, and exercise a function includes perform a duty.

general election means—

  • (a)

    in relation to State elections—an Assembly general election and a periodic Council election held or to be held concurrently, or

  • (b)

    in relation to local government elections—a local government election other than a by-election.

gift means any disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service for no consideration or for inadequate consideration, other than—

  • (a)

    the provision of voluntary labour, and

  • (b)

    the provision of voluntary professional services to a party by an officer or an elected member of the party.

group means—

  • (a)

    in relation to State elections—a group of candidates, or part of a group of candidates, for a periodic Council election, or

  • (b)

    in relation to local government elections—a group of candidates, or part of a group of candidates, for a local government election.

half-year means a period of 6 months ending on 30 June or 31 December.

inspector means a person appointed by the Electoral Commission under section 139.

interest in property means any estate, interest, right or power whatever, whether at law or in equity, in, under or over any property.

local government election means an election under the Local Government Act 1993 for the office of councillor or mayor under that Act (other than an election of mayor by councillors).

major political donor means an entity or other person (not being a party, elected member, group or candidate) who makes a reportable political donation.

New Parties Fund means the fund established under Division 3 of Part 5.

officer, in relation to a party, means a person who is occupying or acting in an office or position concerned with the management of the party.

official agent means—

  • (a)

    in relation to an associated entity or a third-party campaigner for whom an official agent, appointed by the entity or campaigner under Division 6 of Part 7, is registered in the Register of Official Agents—that official agent, or

  • (b)

    in any other case—a person (including the associated entity or third-party campaigner concerned) designated by the Electoral Commission.

Parliament means the Parliament of New South Wales.

party means a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to Parliament or a local council of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.

party agent means—

  • (a)

    a party agent appointed under Division 5 of Part 7, and

  • (b)

    in relation to a group where some of the candidates in the group are members of one registered party and other candidates in the group are members of another registered party—the party agent of one of those parties as designated by those candidates.

payment includes a loan, advance or deposit.

periodic Council election has the same meaning as it has in section 3 of the Constitution Act 1902.

political donation—see section 5.

property includes money.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

registered, except in the case of a party, means registered in accordance with this Act.

registered party means a party registered under the Electoral Act 2017.

relevant disclosure period—see section 13.

reportable political donation—see section 6.

senior office holder, of a party, means a person involved in the management or control of the party or the operations of the party.

State election means an Assembly general election, a periodic Council election or a by-election for the Assembly.

third-party campaigner means the following—

  • (a)

    for a State election—a person or another entity (not being an associated entity, party, elected member, group or candidate) who incurs electoral expenditure for a State election during a capped State expenditure period that exceeds $2,000 in total,

  • (b)

    for a local government election—a person or another entity (not being an associated entity, party, elected member, group or candidate) who incurs electoral expenditure for a local government election during a capped local government expenditure period that exceeds $2,000 in total,

  • (c)

    a registered third-party campaigner for an election for which it is registered.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

s 4: Am 2019 No 18, Sch 1[1]; 2022 No 57, Sch 3[1]; 2025 No 29, Sch 1[1].

5Meaning of “political donation”

(cf section 85 EFED Act)

(1)

For the purposes of this Act, a political donation is—

  • (a)

    a gift made to or for the benefit of a party or a group of candidates, or

  • (b)

    a gift made to or for the benefit of an elected member, the whole or part of which was used or is intended to be used by the elected member—

    • (i)

      solely or substantially for a purpose related to an election or to the elected member’s duties as an elected member, or

    • (ii)

      to enable the elected member to make, directly or indirectly, a political donation or to incur electoral expenditure, or

    • (iii)

      to reimburse the elected member for making, directly or indirectly, a political donation or incurring electoral expenditure, or

  • (c)

    a gift made to or for the benefit of a candidate, the whole or part of which was used or is intended to be used by the candidate—

    • (i)

      solely or substantially for a purpose related to an election, or

    • (ii)

      to enable the candidate to make, directly or indirectly, a political donation or to incur electoral expenditure, or

    • (iii)

      to reimburse the candidate for making, directly or indirectly, a political donation or incurring electoral expenditure, or

  • (d)

    a gift made to or for the benefit of an entity or other person (not being a party, elected member, group or candidate), the whole or part of which was used or is intended to be used by the entity or person—

    • (i)

      to enable the entity or person to make, directly or indirectly, a political donation or to incur electoral expenditure, or

    • (ii)

      to reimburse the entity or person for making, directly or indirectly, a political donation or incurring electoral expenditure.

(2)

An amount paid by a person as a contribution, entry fee or other payment to entitle that or any other person to participate in or otherwise obtain any benefit from a fundraising venture or function (being an amount that forms part of the gross proceeds of the venture or function) is taken to be a gift for the purposes of this section.

(3)

An annual or other subscription paid to a party by—

  • (a)

    a member of the party, or

  • (b)

    a person or entity (including an associated entity or industrial organisation) for affiliation with the party,

is taken to be a gift to the party for the purposes of this section.

Note.

Unless details of any such subscription are required to be disclosed because it is a reportable political donation of or exceeding $1,000, the total amount of subscriptions and other details are required to be disclosed under section 19(4).

(4)

The following dispositions of property are taken to be a gift for the purposes of this section—

  • (a)

    a disposition of property to a NSW branch of a party from the federal branch of the party,

  • (b)

    a disposition of property to a NSW branch of a party from another State or Territory branch of the party,

  • (c)

    a disposition of property from a party to another party.

Note.

Any such disposition will be a political donation that is required to be disclosed and subject to the caps on political donations under Part 3. Any such donation paid into (or held against the assets of) a federal election campaign account is not subject to the cap on donations—see section 24(2).

(5)

Uncharged interest on a loan to an entity or other person is taken to be a gift to the entity or person for the purposes of this section. Uncharged interest is the additional amount that would have been payable by the entity or person if—

  • (a)

    the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind, and

  • (b)

    any interest payable had not been waived, and

  • (c)

    any interest payments were not capitalised.

(6)

A payment under Part 4 (Public funding of State election campaigns) or Part 5 (Administrative and New Party policy development funding) is not a political donation.

Note.

Even though an electoral funding payment to a candidate is not a donation required to be disclosed, the amount is required to be paid into the separate campaign account that is established for donations to and electoral expenditure by the candidate—see section 76(3).

(7)

However, if any part of a gift that is not a political donation pursuant to subsection (1)(b)–(d) is subsequently used to incur electoral expenditure, that part of the gift becomes a political donation.

(8)

For the purposes of this Act, a political donation made to or for the benefit of a party, third-party campaigner or associated entity is a political donation for a local government election if—

  • (a)

    in relation to a donation to a party—the donation is paid into (or held as an asset of) the local government campaign account of the party under Subdivision 1 of Division 5 of Part 3, and

  • (b)

    in relation to a donation to a third-party campaigner or associated entity—the third-party campaigner or associated entity establishes that the donation was made solely for the purposes of a local government election campaign.

6Meaning of “reportable political donation”

(cf section 86 EFED Act)

(1)

For the purposes of this Act, a reportable political donation is—

  • (a)

    in the case of disclosures under this Act by a party, elected member, group, candidate, associated entity or third-party campaigner—a political donation of or exceeding $1,000 made to or for the benefit of the party, elected member, group, candidate, associated entity or third-party campaigner, or

  • (b)

    in the case of disclosures under this Act by a major political donor—a political donation of or exceeding $1,000 made by the major political donor to or for the benefit of a party, elected member, group, candidate, associated entity or third-party campaigner.

(2)

A political donation of less than an amount specified in subsection (1) made by an entity or other person is to be treated as a reportable political donation if that and other earlier, separate political donations made by that entity or other person to the same party, elected member, group, candidate, associated entity, third-party campaigner or person within the same financial year (ending 30 June) would, if aggregated, constitute a reportable political donation under subsection (1).

7Meaning of “electoral expenditure”

(cf section 87 EFED Act)

(1)

For the purposes of this Act, electoral expenditure is expenditure for or in connection with promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election, and which is expenditure of one of the following kinds—

  • (a)

    expenditure on advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards and other election material,

  • (b)

    expenditure on the production and distribution of election material,

  • (c)

    expenditure on the internet, telecommunications, stationery and postage,

  • (d)

    expenditure incurred in employing staff engaged in election campaigns,

  • (e)

    expenditure incurred for office accommodation for any such staff and candidates (other than for the campaign headquarters of a party or for the electorate office of an elected member),

  • (f)

    expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning,

  • (g)

    expenditure on research associated with election campaigns (other than in-house research),

  • (h)

    expenditure incurred in raising funds for an election,

  • (i)

    expenditure of a kind prescribed by the regulations.

(2)

Electoral expenditure does not include—

  • (a)

    expenditure incurred substantially in respect of an election of members to a Parliament other than the NSW Parliament, or

  • (b)

    expenditure on factual advertising of—

    • (i)

      meetings to be held for the purpose of selecting persons for nomination as candidates for election, or

    • (ii)

      meetings for organisational purposes of parties, branches of parties or conferences, committees or other bodies of parties or branches of parties, or

    • (iii)

      any other matter involving predominantly the administration of parties or conferences, committees or other bodies of parties or branches of parties, or

  • (c)

    expenditure of a kind prescribed by the regulations.

(3)

Electoral expenditure does not include expenditure incurred by an entity or other person (not being a party, an associated entity, an elected member, a group or a 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.

(4)

For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure incurred in raising funds for an election.

(4A)

For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred on travel and travel accommodation for candidates and staff engaged in electoral campaigning.

(4B)

For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred for office accommodation for a single campaign office for a candidate or a party engaged in an election campaign, including for the campaign headquarters of a party, but only to a maximum amount of $20,000 for each capped expenditure period.

(4C)

To avoid doubt, expenditure incurred for office accommodation that exceeds the amount referred to in subsection (4B) in a capped expenditure period is electoral expenditure for the purposes of Part 3, Division 4.

(4D)

The amount referred to in subsection (4B) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

(4E)

Subsection (4A) does not apply to expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party.

(4F)

Accordingly, expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party is electoral expenditure for the purposes of Part 3, Division 4.

(5)

For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure of amounts of additional entitlements within the meaning of Parliamentary Remuneration Act 1989.

(6)

Without limiting subsection (1)(i) or (2)(c), a regulation made for the purposes of either of those paragraphs may provide that electoral expenditure of the kind prescribed is or is not electoral expenditure (as the case requires) only for the purposes of one or more specified provisions of this Act.

Note.

Division 4 of Part 3 caps electoral expenditure during an election campaign for State and local government elections (and Part 4 limits public funding for such expenditure at State election campaigns to part of that capped amount). Division 2 of Part 3 requires disclosure of the above electoral expenditure incurred at any time for State and local government elections.

s 7: Am 2022 No 57, Sch 3[2] [3].

8References to elections and writs

(cf sections 4 and 84 EFED Act)

(1)

For the purposes of this Act, an Assembly general election and a periodic Council election are held or are to be held concurrently if the day for the taking of the polls for each of the elections named in the writs for the elections is the same day, whether or not the taking of any such poll is adjourned.

(2)

For the purposes of this Act, where the writs for a general election for a State election are issued on different days, the day of the issue of the writs for the general election is taken to be the day on which the writ for the periodic Council election is issued.

(3)

For the purposes of this Act, where the days for the return of the writs for a general election for a State election are different, the day for the return of the writs is taken to be the day for the return of the writ for the periodic Council election.

(4)

A reference in this Act to the day for the return of a writ is a reference to the day specified in the writ as the day for the return of the writ.

(5)

A reference in this Act, in relation to a general election, to the periodic Council election is (except in so far as the context or subject matter otherwise indicates or requires) a reference to the periodic Council election that forms part of the general election.

9Miscellaneous interpretative provisions

(cf sections 4 and 84 EFED Act)

(1)

For the purposes of this Act, where anything is done by, on behalf of or for the benefit of, or any property is held by, or in trust for, or for the members of, a body or organisation, incorporated or unincorporated, being a body or organisation that—

  • (a)

    forms part of a party, or

  • (b)

    is established by or under the constitution of a party, or

  • (c)

    has functions conferred by or under the constitution of a party, or

  • (d)

    is controlled (within the meaning of section 50AA of the Corporations Act 2001 of the Commonwealth) by a party,

the thing is taken to be done by, on behalf of or for the benefit of that party or the property is taken to be held by that party, as the case may be.

(2)

An individual who, or a group of individuals that, accepts a gift for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election is taken to be a candidate or group when accepting the gift.

Note.

Section 38(3) makes it unlawful for any such political donations to be accepted unless the individual or group is registered as a candidate or group under this Act.

(3)

An individual who, or a group of individuals that, makes a payment for electoral expenditure for the election of the individual or individuals at a future election is taken to be a candidate or group when making the payment. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

Note.

Section 39(4) makes it unlawful for any such electoral expenditure to be incurred unless the individual or group is registered as a candidate or group under this Act.

(4)

For the purposes of this Act—

  • (a)

    a person who is a candidate in an election, or

  • (b)

    a group of candidates in an election,

is taken to remain a candidate or group for 30 days after the election day for the election.

Note.

A disclosure is still required to be made by candidates and groups after they cease to be candidates or groups following the election if they were a candidate or group during any part of the relevant disclosure period for the disclosure—see section 12(4).

(5)

Subsection (4) does not apply to a candidate at a time when the candidate is an elected member.

(6)

For the purposes of this Act—

  • (a)

    the amount of a donation or expenditure consisting of a disposition of property other than money is taken to be the amount equal to the value of the property disposed of, and

  • (b)

    the value of property disposed of or the value of a gift may, if the Electoral Commission so requires, be determined by valuers appointed or approved by the Electoral Commission in accordance with the regulations.

Note.

The regulations may make provision for requiring persons to obtain valuations from a valuer approved by the Electoral Commission of political donations that are not gifts of money (or enabling the Electoral Commission to obtain any such valuations)—see section 156(3)(b)).

(7)

A reference in this Act to the name and address of a person making a donation or loan is—

  • (a)

    in the case of a donation or loan made by an unincorporated association—a reference to the name of the association and the names and addresses of the members of the executive committee (however described) of the association, and

  • (b)

    in the case of a donation or loan purportedly made out of a trust fund or out of the funds of a foundation—a reference to the names and addresses of the trustees of the fund or of the funds of the foundation and the title or other description of the trust fund or the name of the foundation.

(8)

For the purposes of this Act, corporations that are related to each other (as determined in accordance with the Corporations Act 2001 of the Commonwealth) are taken to be a single corporation.

(9)

For the purposes of this Act, an amount of electoral expenditure by a candidate for election to the Assembly includes, if the candidate is the endorsed candidate of a registered party, any amount of electoral expenditure that is—

  • (a)

    incurred by that party for the direct or indirect benefit of the candidate or for the direct or indirect benefit of the candidate and other candidates endorsed by the party at the election (whether or not as an agent for the candidate), and

  • (b)

    invoiced by that party to the candidate for payment (whether or not the candidate has a legal liability to pay to the party the amount invoiced).

Such an amount of electoral expenditure is taken, for the purposes of this Act, not to be an amount of electoral expenditure by that party.

(10)

For the purposes of this Act and despite section 38(3)(a)—

  • (a)

    a political donation may be made to a party agent on behalf of a future candidate for election in an Assembly electoral district before the candidate has been identified, selected or otherwise endorsed by the party, and

  • (b)

    it is unlawful for such a political donation to be used otherwise than to incur electoral expenditure for or on behalf of the candidate endorsed by the party for election in that electoral district.

Note.

The party agent is responsible for disclosures under Part 3 of this Act for any such political donation and electoral expenditure.

10Notes

Notes included in this Act do not form part of this Act.

Note.

For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the Election Funding, Expenditure and Disclosures Act 1981 (as in force immediately before the enactment of this Act). The Election Funding, Expenditure and Disclosures Act 1981 is abbreviated in these notes as “EFED Act”.

Part 3Political donations and electoral expenditure

(cf Part 6 EFED Act)

Division 1Preliminary

(cf Division 1, Part 6 EFED Act)

11Application

(cf section 83 EFED Act)

(1)

This Part applies in relation to—

  • (a)

    State elections and elected members of Parliament, and

  • (b)

    local government elections and elected members of councils.

Note.

Political donations and electoral expenditure are required to be disclosed in connection with both State and local government elections and members. Caps apply to political donations and electoral expenditure in connection with State and local government elections, but public funding of election campaigns only applies to State elections.

(2)

In this Part, registered party includes a party registered under the Local Government Act 1993.

Division 2Disclosure of political donations and electoral expenditure

(cf Division 2, Part 6 EFED Act)

12Disclosures required to be made

(cf section 88 EFED Act)

(1)

Disclosure is required under this Part of political donations received or made, and electoral expenditure incurred, by or on behalf of the following—

  • (a)

    a party (whether or not a registered party),

  • (b)

    an elected member,

  • (c)

    a candidate,

  • (d)

    a group,

  • (e)

    an associated entity.

(2)

Disclosure is required under this Part of—

  • (a)

    electoral expenditure incurred by a third-party campaigner in a capped State expenditure period or capped local government expenditure period, and

  • (b)

    political donations received by the third-party campaigner for the purposes of incurring that expenditure.

(3)

Disclosure is required under this Part of reportable political donations made by a major political donor who has, during the relevant disclosure period, made a reportable political donation of or exceeding $1,000.

(4)

Disclosure is required even if the entity or person has ceased to be a party, elected member, candidate, group or associated entity (as the case requires) at the time the disclosure is required to be made, so long as the entity or person was a party, elected member, candidate, group or associated entity at any time during the relevant disclosure period.

Note.

See section 9(2) for extension of disclosure and other requirements to individuals who, and groups of individuals that, accept donations before they nominate or register as candidates or groups.

13Relevant disclosure period

(cf section 89 EFED Act)

For the purposes of this Act, the relevant disclosure period is each 12-month period ending on 30 June.

14Person responsible for making disclosures

(cf section 90 EFED Act)

(1)

The person who is responsible for making a disclosure required under this Part is as follows—

  • (a)

    in the case of a party—the party agent of that party,

  • (b)

    in the case of an elected member who is a member of a registered party—the party agent of that registered party,

  • (c)

    in the case of an elected member who is not a member of a registered party—the elected member,

  • (d)

    in the case of a candidate who is a member of a registered party—the party agent of that registered party,

  • (e)

    in the case of a candidate who is not a member of a registered party—the candidate,

  • (f)

    in the case of a group where all the members of the group are members of the same registered party—the party agent of that registered party,

  • (g)

    in the case of a group where one or more members of the group are members of a registered party and one or more other members of the group are members of another registered party—the party agent of the registered party of the lead candidate of the group,

  • (h)

    in the case of any other group—the lead candidate of the group,

  • (i)

    in the case of an associated entity—the official agent of the associated entity,

  • (j)

    in the case of a third-party campaigner—the official agent of the third-party campaigner,

  • (k)

    in the case of a major political donor—the major political donor.

(2)

Despite subsection (1), the following persons are responsible for making a disclosure required under this Part—

  • (a)

    in the case of an elected member who is a councillor (including the mayor) of a local government area who is a member of a registered party—the elected member,

  • (b)

    in the case of a candidate in a local government election who is a member of a registered party—the candidate,

  • (c)

    in the case of a group in a local government election where all (or one or more) of the members of the group are members of a registered party—the lead candidate of the group.

(3)

However, despite subsection (2), a party agent is the person responsible for making a disclosure required under this Part for an elected member, candidate or the group, if—

  • (a)

    the party agent consents in accordance with subsection (4) to be the person responsible for making the disclosure, or

  • (b)

    the party agent decides in accordance with subsection (4A) to be the person responsible for making the disclosure.

(4)

A party agent of the registered party may, by notice in writing given to the Electoral Commission in an approved manner and form, with the agreement of the elected member, candidate or group concerned, consent to be the person who is responsible for making a disclosure required under this Part for the elected member, candidate or group.

(4A)

A party agent of a registered party may, by written notice given to the Electoral Commission in an approved way, decide to be the person who is responsible for making a disclosure required under this Part for the following—

  • (a)

    an elected member who is a councillor, including the mayor, of a local government area who is a member of the registered party,

  • (b)

    a candidate in a local government election who is a member of the registered party,

  • (c)

    a group in a local government election where all, or 1 or more, of the members of the group are members of the registered party.

(5)

A party agent, elected member, candidate or group may withdraw a consent or agreement under subsection (4) (as the case requires) by a notice in writing given to the Electoral Commission in an approved manner and form.

(5A)

A party agent may withdraw a decision under subsection (4A) by written notice given to the Electoral Commission in an approved way.

(5B)

A party agent must give a copy of a written notice given under subsection (4A) or (5A) to the elected member or candidate or the members of the group concerned as soon as practicable after giving the written notice to the Electoral Commission.

(5C)

A written notice given under subsection (4A) or (5A) is not invalid because of a failure to comply with subsection (5B).

(6)

The regulations may make further provision dealing with the consequences of the giving or withdrawal of notices by persons under this section.

(7)

In this section, lead candidate of a group means—

  • (a)

    the candidate in the group whose name is first in the order of names of candidates specified in the relevant claim made under section 86 (Grouping of periodic Council election candidates) of the Electoral Act 2017 or section 308A (Grouping of candidates) of the Local Government Act 1993, as the case requires, or

  • (b)

    if a group has been registered under Division 2 of Part 7 before any such claim has been made, the candidate whose name is first in the order of names specified in the Register of Candidates in relation to the group.

(8)

In this section, in relation to elected members of Parliament and candidates and groups of candidates in State elections, a reference to membership of a registered party does not include a reference to membership of a party registered under section 320(2) of the Local Government Act 1993.

(9)

Despite section 63(2)(a) of the Electoral Act 2017, a party that becomes registered under Part 6 of that Act is, for the purposes of this section, taken to be registered on the date of its registration.

s 14: Am 2018 No 68, Sch 1.11 [2]; 2021 No 20, Sch 1[1]–[4].

14APerson responsible for making disclosures for dis-endorsed candidates(1)

This section applies to State elections.

(2)

A party agent of the registered party may, by written notice given in an approved way, notify the Electoral Commission the party has dis-endorsed a candidate.

(3)

Despite subsection 14(1)(d), on and from the receipt of the notice by the Electoral Commission, the person responsible for making a disclosure required under this Part for the candidate is the candidate and not the party agent of the registered party.

(4)

The party agent of the registered party must give a copy of the notice to the candidate.

(5)

A written notice given under subsection (2) is not invalid because of a failure to comply with subsection (4).

(6)

The regulations may make further provision dealing with the consequences of the giving of notices under this section.

s 14A: Ins 2022 No 57, Sch 3[4].

15When disclosures of political donations to be made

(cf section 91(1) EFED Act)

(1)

Disclosures under this Part of political donations received or made are to be made—

  • (a)

    in relation to a disclosure of a reportable political donation received or made during the pre-election period for an Assembly general election—within 21 days of the political donation being received or made (or within such shorter period as may be prescribed by the regulations), and

  • (b)

    in any other case—within 6 weeks after the end of the half-year within which the political donation was received or made (or within such longer period as may be prescribed by the regulations).

Note 1.

See section 60 for the extension of the due date for making disclosures in particular cases and section 61 for the amendment of disclosures that have been made.

Note 2.

While certain small political donations are not reportable under this Part if made once in a financial year, section 6(2) provides that such a political donation is a reportable political donation if it and other earlier, separate political donations made by the donor to the same donee within the same financial year would, if aggregated, total an amount that constitutes a reportable political donation.

See also section 19(2)(g) specifying that the disclosure is to include details that separately identify that reportable political donation and the earlier political donation or donations with which it is aggregated.

(2)

Despite subsection (1)—

  • (a)

    disclosures of reportable political donations required to be made by major political donors are to be made within 6 weeks after the end of the relevant disclosure period within which the political donation was received or made (or within such longer period as may be prescribed by the regulations), and

    Note.

    A disclosure by the person or entity who received the reportable political donation may be required at an earlier time under subsection (1).

  • (b)

    disclosures of reportable political donations that are political donations for a local government election are to be made within 6 weeks after the end of the half-year within which the political donation was received or made (or within such longer period as may be prescribed by the regulations).

    Note.

    See section 5(8) for the meaning of a political donation for a local government election.

(3)

The regulations may make provision for determining, for the purposes of this section, the date on which a political donation is taken to have been received or made.

(4)

For the purposes of this section, the pre-election period for an Assembly general election means the following—

  • (a)

    in the case of a general election to be held following the expiry of the Assembly by the effluxion of time—the period from and including 1 October in the year before which the election is to be held to the end of the election day for the election,

  • (b)

    in any other case—the period from and including the day of the issue of the writ or writs for the election to the end of the election day for the election.

s 15: Am 2022 No 57, Sch 3[5] [6].

16When disclosures of electoral expenditure to be made

(cf section 91(1) EFED Act)

Disclosures under this Part of electoral expenditure incurred are to be made within 12 weeks after the end of each relevant disclosure period (or within such longer period as may be prescribed by the regulations).

Note.

Unless otherwise prescribed, disclosures are to be made on or before 22 September for the period ending on 30 June in that year. See section 60 for the extension of the due date for making disclosures in particular cases, and section 61 for the amendment of disclosures that have been made.

17How are disclosures to be made

(cf section 91(2)–(6) EFED Act)

(1)

Disclosures are to be made in a declaration lodged with the Electoral Commission in a manner and form—

  • (a)

    determined by the regulations (if any), and

  • (b)

    subject to the regulations, approved by the Electoral Commission.

(2)

Without limiting subsection (1), the regulations or an approval by the Electoral Commission may make provision for an electronic or internet-based system of lodgment of declarations of disclosures.

(3)

(Repealed)

(4)

A declaration lodged under this section in relation to a relevant disclosure period or a half-yearly period is to contain a statement to the effect that all disclosures required to be made in relation to the period—

  • (a)

    have been made, and

  • (b)

    are true and correct.

(5)

A declaration is required to be lodged under this section in relation to a relevant disclosure period or half-yearly period even if it does not contain any disclosures.

(6)

For the purposes of this Act (including this section and sections 14, 22 and 141)—

  • (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 sections 15 and 16 for the making of disclosures under this Part.

(7)

The regulations may provide for a single declaration of disclosures by the following—

  • (a)

    a person or other entity who, in a relevant disclosure period or half-yearly period or in relation to any particular political donations or electoral expenditure, qualifies as more than one of the following—

    • (i)

      an associated entity,

    • (ii)

      a third-party campaigner,

    • (iii)

      a major political donor,

  • (b)

    a party agent of a registered party in relation to—

    • (i)

      the party, and

    • (ii)

      elected members, candidates and groups of candidates who are members of the party, and

    • (iii)

      associated entities of the party.

The single declaration of disclosures referred to in paragraph (b) is to separately identify the disclosures relating to the party and to each member, candidate, group or associated entity.

(8)

Disclosures in a declaration lodged under this section are required to be vouched for in the manner prescribed by the regulations.

s 17: Am 2022 No 57, Sch 3[7].

18Disclosure of electoral expenditure—further requirements(1)

A disclosure under this Part by a party or a candidate of electoral expenditure incurred during a capped State expenditure period or a capped local government expenditure period is to separately identify expenditure incurred in any category of expenditure specified in the regulations in the manner prescribed by the regulations.

(2)

A disclosure of electoral expenditure under this Part by a party in relation to an Assembly general election is to include, as far as possible, details of electoral expenditure incurred substantially for the purposes of the election in a particular electoral district.

(3)

For the purposes of subsection (2), electoral expenditure is only incurred for the purposes of the election in a particular electoral district if the expenditure is for advertising or other material that—

  • (a)

    explicitly mentions the name of a candidate in the election in that electoral district or the name of the electoral district, and

  • (b)

    is communicated to electors in that electoral district, and

  • (c)

    is not mainly communicated to electors outside that electoral district.

19Political donations required to be disclosed

(cf section 92 EFED Act)

(1)

Political donations are to be disclosed in accordance with this section.

(2)

Disclosure of reportable political donations is to include disclosure of the following details of each such donation received or made during the relevant disclosure period—

  • (a)

    the party, elected member, group or candidate to or for whose benefit the donation was made (or, if the case requires, the third-party campaigner or associated entity to whom the donation was made),

  • (b)

    the date on which the donation was received or made,

  • (c)

    the name of the donor,

  • (d)

    the residential address of the donor (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),

  • (e)

    the amount of the donation,

  • (f)

    in the case of a donor that is an entity and not an individual—the relevant business number of the entity referred to in section 46,

  • (g)

    in relation to the disclosure of a political donation that is a reportable political donation by operation of section 6(2)—details that separately identify that political donation and the earlier political donation or donations with which it is aggregated.

(3)

Disclosure of political donations (that are not reportable political donations) is to include disclosure of—

  • (a)

    the total amount of those donations during the relevant disclosure period, and

  • (b)

    the total number of persons who made those donations.

This subsection does not apply to disclosures by third-party campaigners or major political donors.

(4)

Disclosure by a party of political donations is to include disclosure of—

  • (a)

    the total amount of annual or other subscriptions paid to the party by members or affiliates of the party during the relevant disclosure period, and

  • (b)

    each subscription rate, and

  • (c)

    the number of members who paid the subscriptions at each of those subscription rates.

Disclosure of a subscription under this subsection is not required if it is disclosed as a reportable political donation.

(5)

Disclosure of political donations is to include, in connection with fundraising ventures or functions during the relevant disclosure period—

  • (a)

    either the net or gross proceeds of each such venture or function (together with a disclosure as to whether the amount is the net or gross proceeds), and

  • (b)

    details of each such venture or function (including a brief description of its nature and the date on which or period in which it was held),

but not including any amount of those proceeds that is separately disclosed as a political donation.

(6)

Disclosure of reportable political donations is to include disclosure of the following information in relation to any reportable loan under section 50—

  • (a)

    the amount of the loan,

  • (b)

    the name and address of the entity or other person making the loan,

  • (c)

    the terms and conditions of the loan,

  • (d)

    the total loan repayments made under the loan during the relevant disclosure period.

(7)

Details of a political donation may be disclosed under this Part even if they are not required to be disclosed under this section.

s 19: Am 2022 No 57, Sch 3[8] [9].

20Electoral expenditure required to be disclosed

(cf section 93 EFED Act)

(1)

All electoral expenditure is required to be disclosed under this Part (whether or not it is incurred during the capped State expenditure period or capped local government expenditure period for an election).

(2)

Subject to subsection (3), the obligation under this Part to disclose any such expenditure of a party in relation to a relevant disclosure period can be complied with by lodging with the Electoral Commission a copy of a return furnished to the Australian Electoral Commission by the agent of the party under section 314AB of the Commonwealth Electoral Act 1918 of the Commonwealth in respect of that period.

(3)

Subsection (2) has effect only if the return furnished to the Australian Electoral Commission contains the information required by section 18(1) and (2).

Note.

Section 18(1) contains a requirement that a disclosure of electoral expenditure under this Part must separately identify, and provide details of, each individual item of expenditure. Section 18(2) contains a requirement that a disclosure of electoral expenditure under this Part, in relation to an Assembly general election, is to include, as far as possible, details of electoral expenditure incurred substantially for the purposes of the election in a particular electoral district.

21Separate disclosures not required of same item

(cf section 94 EFED Act)

An item disclosed under this Part—

  • (a)

    in relation to an elected member—need not also be disclosed in the member’s capacity as a candidate or as a member of a group, and

  • (b)

    in relation to a candidate or a group that includes the candidate—need not also be disclosed in the candidate’s capacity as an elected member, and

  • (c)

    in relation to a group—need not also be disclosed in relation to a member of the group, and

  • (d)

    in relation to a candidate—need not also be disclosed in relation to the group of which the candidate is a member.

22Public access to disclosures, expenditure etc

(cf section 95 EFED Act)

(1)

The Electoral Commission is to publish on a website maintained by the Electoral Commission—

  • (a)

    the disclosures of reportable political donations and electoral expenditure under this Part, and

  • (b)

    any other information it considers relevant.

(2)

The disclosures are to be published on the website as soon as practicable after the due date for the making of the disclosures.

(3)

The Electoral Commission may decline to publish on the website, or may remove from the website, any disclosure of political donations that the Electoral Commission has reason to suspect is vexatious, false or misleading.

(4)

Copies of disclosures made in a declaration under this Part are to be kept by the Electoral Commission for at least 6 years after the period to which they relate and are to be available for public inspection during ordinary office hours.

(5)

The Electoral Commission may, on application made to it and the payment of a reasonable fee determined by the Electoral Commission, provide copies of or extracts from any such disclosures kept by the Electoral Commission.

Division 3Caps on political donations

(cf Division 2A, Part 6 EFED Act)

23Applicable cap on political donations

(cf section 95A EFED Act)

Note.

The dollar amounts set out in this section are the adjusted amounts for the financial year beginning 1 July 2017 (see the Election Funding, Expenditure and Disclosures (Adjustable Amounts) Notice under the Election Funding, Expenditure and Disclosures Act 1981). These dollar amounts are to be adjusted for inflation for the financial year beginning 1 July 2018 by Schedule 1.

(1)

The applicable cap on political donations is as follows—

  • (a)

    $6,100 in the case of any such political donation to or for the benefit of a registered party or of a group,

  • (b)

    $2,700 in the case of any such political donation to or for the benefit of—

    • (i)

      a party that is not a registered party, or

    • (ii)

      an elected member, or

    • (iii)

      a candidate, or

    • (iv)

      a third-party campaigner, or

    • (v)

      an associated entity.

In this subsection, in relation to political donations for local government elections, registered party includes a party registered under the Local Government Act 1993.

Note.

The applicable caps are adjusted for inflation under Schedule 1.

(2)

A political donation of or less than an amount specified in subsection (1) made by an entity or other person is to be treated as a donation that exceeds the applicable cap on political donations if that and other separate political donations made by that entity or other person to the same party, elected member, group, candidate, third-party campaigner or associated entity within the same financial year would, if aggregated, exceed the applicable cap on political donations referred to in subsection (1).

(3)

A political donation of or less than an amount specified in subsection (1) made by an entity or other person to an elected member, group or candidate is to be treated as a donation that exceeds the applicable cap on political donations if that and other separate political donations made by that entity or other person to elected members, groups or candidates of the same party within the same financial year would, if aggregated, exceed the applicable cap on political donations to a group referred to in subsection (1).

Note.

Political donations in relation to separately registered parties that are in coalition or otherwise associated are not aggregated and, accordingly, the applicable cap applies separately in relation to each such registered party.

(4)

The provisions of subsections (2) and (3) are to be applied separately to political donations for local government elections and to other political donations.

(5)

For the avoidance of doubt, a candidate’s contribution to finance the candidate’s own election campaign is not a political donation and is not included in the applicable cap on political donations to the candidate.

Note.

Although there is no applicable political donations cap on a candidate’s contribution to finance the candidate’s own election campaign, Division 4 of this Part still operates to make it unlawful for such a candidate to incur electoral expenditure that exceeds the applicable cap on electoral expenditure set out in that Division.

(6)

Each of the amounts referred to in subsection (1) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

(7)

For the purposes of this section, elected members, groups and candidates are of the same party if the same party endorsed the elected members, members of the group or candidates at the last election (including any subsequent by-election) or are to be endorsed by the same party at the next election. If any such person ceases to be a member of that party after being elected or endorsed as a candidate, the person ceases to be of the same party for the purposes of this section.

24Prohibition on political donations that exceed applicable cap

(cf section 95B EFED Act)

(1)

It is unlawful (subject to this section) for a person to accept a political donation to a party, elected member, group, candidate, third-party campaigner or associated entity if the donation exceeds the applicable cap on political donations.

(2)

It is not unlawful for a person to accept a political donation that exceeds the applicable cap if the donation (or that part of the donation that exceeds the applicable cap) is to be paid into (or held as an asset of) an account kept exclusively for the purposes of federal election campaigns.

(3)

A political donation of property (not being money) that is held as an asset of an account kept for federal election campaigns ceases to be excluded by subsection (2) from the prohibition under this section if the proceeds of the disposal of the property are paid into any other account.

(4)

It is not unlawful for a person to accept a political donation to a third-party campaigner that exceeds the applicable cap if the donation (or that part of the donation that exceeds the applicable cap) is not to be paid into (or held as an asset of) the campaign account of the third-party campaigner under Subdivision 3 of Division 5.

(5)

If a political donation to a person exceeds the applicable cap because of the aggregation of political donations made to other persons, the acceptance of the donation is not unlawful if the person did not know and could not reasonably have known of the political donations made to the other persons.

(6)

It is unlawful for an individual to make a political donation on behalf of a corporation that is related to another corporation (as referred to in section 9(8)) that has made a political donation to the same party, elected member, group, candidate, third-party campaigner or associated entity in the same financial year, unless the individual complies with the requirements of the regulations relating to the disclosure to the person accepting the donation of particulars of the other corporation and its political donations.

25Prohibition on donations to more than 3 third-party campaigners

(cf section 95C EFED Act)

(1)

It is unlawful for a person to make or accept political donations (whether for a State or local government election) to more than 3 third-party campaigners in the same financial year.

(2)

This section applies only to a political donation to a third-party campaigner that is to be paid into (or held as an asset of) the campaign account of the third-party campaigner under Subdivision 3 of Division 5.

(3)

A political donation to a third-party campaigner in contravention of this section is not unlawful if the person making or accepting the donation did not know and could not reasonably have known of the political donations to which this section applies made to the other third-party campaigners.

26Exemption from donation caps

(cf section 95D EFED Act)

(1)

A party subscription paid to a party is to be disregarded for the purposes of this Division, except so much of the amount of the subscription as exceeds the relevant maximum subscription under subsection (8).

(2)

A party levy paid to a party by an elected member or a candidate who is a member of the party is to be disregarded for the purposes of this Division.

(3)

An amount paid, during a financial year in which an Assembly general election or Assembly by-election is conducted, to a party by a candidate in that election who is a member of the party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds the amount of the applicable cap referred to in section 29(12)(a) (as adjusted for inflation by section 29(14) and Schedule 1).

Note.

The applicable cap under section 29(12)(a) (Additional cap for individual Assembly seats) for the 2019 State general election is $61,500.

(4)

For the avoidance of doubt, it is not unlawful for a candidate for election to the Assembly who is a member of a registered party, during a financial year in which the election is conducted, to make—

  • (a)

    contributions to the party agent for payment into the State Campaign account of the party to finance the candidate’s own election campaign, and

  • (b)

    political donations to the party, being—

    • (i)

      political donations subject to the general applicable cap in section 23, and

    • (ii)

      political donations that are disregarded for the purposes of this Division by subsection (3).

Note.

The applicable caps on electoral expenditure under section 29 for the 2019 State general election limit electoral expenditure by a candidate endorsed by a party to $122,900. Therefore, such a candidate could self fund and make a contribution of that amount to the party agent and also make political donations to the party, during the financial year of the election, of $67,600 (being the sum of $6,100 and $61,500).

(5)

An amount paid, during a financial year in which a periodic Council election is conducted, to a party by a candidate in that election, who is a member of the party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds $50,000.

(6)

An amount paid, during a financial year in which a periodic Council election is conducted, to a group by a candidate in that election, who is a member of the group but is not a member of a party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds $50,000.

(7)

A party subscription is—

  • (a)

    an annual or other subscription paid to the party by a member of the party, or

  • (b)

    an annual or other subscription paid to the party by an entity or other person (including an industrial organisation) for affiliation with the party.

(8)

For the purposes of this section—

  • (a)

    the maximum subscription in respect of membership of a party is $2,000, and

  • (b)

    the maximum subscription in respect of affiliation with a party is—

    • (i)

      if the amount of the subscription is not calculated by reference to the number of members of the affiliate—$2,000, or

    • (ii)

      if the amount of the subscription is calculated by reference to the number of members of the affiliate—$2,000 multiplied by the number of those members of the affiliate.

(9)

Each of the amounts referred to in subsections (5) and (6) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

Note.

Bequests are not donations for the purposes of this Part (see the definition of gift in section 4) and accordingly are not subject to the political donation cap.

s 26: Am 2018 No 68, Sch 1.11 [3].

Division 4Caps on electoral expenditure for election campaigns

(cf Division 2B, Part 6 EFED Act)

Note—

Under section 7(4)–(5) certain types of expenditure are taken not to be electoral expenditure for the purposes of this Division (for example, expenditure incurred in raising funds for an election or expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning).

pt 3, div 4, note: Subst 2022 No 57, Sch 3[10].

27Capped State expenditure period

(cf section 95H EFED Act)

The applicable cap on electoral expenditure for a State election applies to electoral expenditure during each of the following periods (the capped State expenditure period)—

  • (a)

    in the case of a general election to be held following the expiry of the Assembly by the effluxion of time—the period from and including 1 October in the year before which the election is to be held to the end of the election day for the election,

  • (b)

    in any other case—the period from and including the day of the issue of the writ or writs for the election to the end of the election day for the election.

28Capped local government expenditure period

The applicable cap on electoral expenditure for a local government election applies to electoral expenditure during each of the following periods (the capped local government expenditure period)—

  • (a)

    in the case of an ordinary election of the councillors under section 287(1) of the Local Government Act 1993—the period from and including 1 July in the year in which the election is to be held to the end of the election day for the election,

  • (b)

    in the case of an election of councillors under section 287(2) of the Local Government Act 1993—the period commencing on the later of the following—

    • (i)

      the day that is 3 months before the election day for the election,

    • (ii)

      the day that the proclamation was made under that subsection determining the election day for the election,

    and concluding at the end of the election day for the election,

  • (c)

    in any other case—the period from and including the day on which the date of the election is publicly notified by the person conducting the election to the end of the election day for the election.

29Applicable caps on electoral expenditure for State election campaigns

(cf section 95F EFED Act)

(1)

The applicable caps on electoral expenditure for a State election campaign are as provided by this section, as modified by section 30 (Aggregation of applicable caps—State election campaigns).

(2)

For a State general election, the applicable cap for a party that endorses candidates for election to the Assembly is $122,900 multiplied by the number of electoral districts in which a candidate is so endorsed.

Note.

Under section 9(9) any amount of electoral expenditure incurred by a party for the benefit of a candidate endorsed by the party and invoiced by that party to the candidate for payment is the electoral expenditure of the candidate (that is subject to the applicable cap). Therefore it is not electoral expenditure of the party that is subject to the applicable cap under this subsection.

(3)

Subsection (2) does not apply to a party that endorses candidates in a group for election to the Council and endorses candidates for election to the Assembly in not more than 10 electoral districts.

Note.

The total cap for a party that endorses candidates in all 93 electoral districts at a general election is $11,429,700.

(4)

For a State general election, the applicable cap for a party that endorses candidates in a group for election to the Council, but does not endorse any candidates for election to the Assembly or does not endorse candidates in more than 10 electoral districts, is $1,288,500.

(5)

For a periodic Council election, the applicable cap for a group of candidates who are not endorsed by any party is $1,288,500.

(6)

For a State general election, the applicable cap for a candidate endorsed by a party for election to the Assembly is $122,900.

(7)

For a State general election, the applicable cap for a candidate not endorsed by any party for election to the Assembly is $184,200.

(8)

For a periodic Council election, the applicable cap for a candidate who is not included in a group is $184,200.

(9)

For a by-election for the Assembly, the applicable cap for a candidate (whether or not endorsed by a party) is $245,600.

(10)

For a State general election, the applicable cap for a third-party campaigner is—

  • (a)

    $1,288,500—if the third-party campaigner was registered under this Act before the commencement of the capped State expenditure period for the election, or

  • (b)

    $644,300—in other cases.

(11)

For a by-election for the Assembly, the applicable cap for a third-party campaigner is $180,720 for each by-election.

(12)

The applicable cap for parties and third-party campaigners is subject to an additional cap (within the overall applicable cap) in relation to State general elections, or by-elections in more than one electoral district, for electoral expenditure incurred substantially for the purposes of the election in a particular electoral district, being—

  • (a)

    in the case of a party—$61,500 in respect of each such electoral district, or

  • (b)

    in the case of a third-party campaigner—

    • (i)

      for State general elections—$30,400 in relation to each electoral district, or

    • (ii)

      for by-elections in more than one electoral district—$180,720 in relation to each electoral district.

(13)

For the purposes of subsection (12), electoral expenditure is only incurred for the purposes of the election in a particular electoral district if the expenditure is for advertising or other material that—

  • (a)

    explicitly mentions the name of a candidate in the election in that electoral district or the name of the electoral district, and

  • (b)

    is communicated to electors in that electoral district, and

  • (c)

    is not mainly communicated to electors outside that electoral district.

(14)

Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

s 29: Am 2022 No 57, Sch 3[11]; 2023 No 55, Sch 1[1] [2].

30Aggregation of applicable caps—State election campaigns

(cf section 95G EFED Act)

(1)

The amount of $122,900 of electoral expenditure in respect of an election in an electoral district in which there are 2 or more candidates endorsed by the same party is, for the purpose of calculating the applicable cap on electoral expenditure by the candidates under section 29(6), to be shared by those candidates (and is not a separate amount for each of those candidates).

(2)

Electoral expenditure incurred by a party for a State election campaign that is of or less than the amount specified in section 29 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by a candidate or a group for election to the Council who or that is endorsed by the party exceed the applicable cap so specified for the party.

(3)

Electoral expenditure incurred by a candidate endorsed by a party for an Assembly by-election that is of or less than the amount specified in section 29 for the candidate is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by the party for that by-election exceed the applicable cap so specified for the candidate.

(4)

Electoral expenditure incurred by a party or an elected member for a State election campaign that is of or less than the amount specified in section 29 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an associated entity of the party or elected member exceed the applicable cap so specified for the party or elected member.

(5)

Electoral expenditure incurred by a party for a State election campaign that is of or less than the amount specified in section 29 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an elected member (being a member of Parliament) who is not a candidate at the State general election, but is a member of the party, exceed the applicable cap so specified for the party.

Note.

A member of Parliament may not be a candidate at a State general election because the member is retiring or is a member of the Legislative Council whose term of office does not expire until the following State general election.

31Applicable caps on electoral expenditure for local government election campaigns(1)

The applicable caps on electoral expenditure for a local government election campaign are as provided by this section, as modified by section 32 (Aggregation of applicable caps—local government election campaigns).

Note.

This Act does not apply to an election of mayor by councillors—see the definition of local government election in section 4.

(2)

For a local government general election or by-election for a local government area or ward, the applicable cap for a party that endorses a candidate for the election (including a candidate for mayor) or a group of candidates for election as councillor (including a group that includes a candidate for mayor) for electoral expenditure for the candidate or group is the amount of the applicable cap for the candidate or group.

(3)

For a local government general election or by-election for a local government area or ward, the applicable cap for a candidate (other than a candidate for mayor) or a group of candidates for election as councillor (other than a group that includes a candidate for mayor), whether or not endorsed by any party, is—

  • (a)

    $6,000—where the number of enrolled electors for the local government area or ward concerned for the election is 5,000 or fewer, and

  • (b)

    $10,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 5,000 but fewer than 10,001, and

  • (c)

    $18,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 10,000 but fewer than 20,001, and

  • (d)

    $25,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 20,000 but fewer than 30,001, and

  • (e)

    $36,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 30,000 but fewer than 50,001, and

  • (f)

    $46,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 50,000 but fewer than 75,001, and

  • (g)

    $63,500—where the number of enrolled electors for the local government area or ward concerned for the election is more than 75,000 but fewer than 125,001, and

  • (h)

    $72,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 125,000.

(4)

For a local government general election or by-election, the applicable cap for a candidate for mayor or a group of candidates that includes a candidate for mayor is—

  • (a)

    where the local government area concerned is divided into wards—the sum of the following—

    • (i)

      100% of the applicable cap for a candidate for election as councillor in a ward of the local government area,

    • (ii)

      25% of the applicable cap for a candidate for election as councillor in each of the other wards of the local government area, and

    Note.

    See section 31A(5) regarding the determination of the number of enrolled electors for a ward and, in particular, section 31A(5)(b) which provides that the number of enrolled electors for a ward in a local government area is the highest number of enrolled electors in any ward in that area.

  • (b)

    where the local government area concerned is not divided into wards—125% of the applicable cap for a candidate for election as a councillor of the local government area (other than a candidate for mayor).

(5)

For a local government general election or by-election for a local government area or ward, the applicable cap for a third-party campaigner is the amount that is one-third of the applicable cap for a candidate for election as councillor (other than mayor) for the local government area or ward election concerned, but if the amount is not a whole number multiple of $10, the amount is to be rounded up to the nearest whole number multiple of $10.

(6)

For the avoidance of doubt, if a person is a candidate for mayor and a candidate for councillor (other than mayor) at the same general election (or a simultaneous by-election for mayor and by-election for councillor (other than mayor)), the applicable cap for the person is the relevant applicable cap for a candidate for mayor.

(7)

Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

s 31: Subst 2019 No 18, Sch 1[2].

31AMeaning of “number of enrolled electors for local government area or ward”(1)

For the purposes of section 31, the number of enrolled electors for a local government area or ward for an election for a local government area or ward is the number determined by the Electoral Commissioner in accordance with this section.

(2)

The Electoral Commissioner is to make the determination as soon as is reasonably practicable after the following date in relation to an election for a local government area or ward—

  • (a)

    in the case of an ordinary election of councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election,

  • (b)

    in relation to any other election—the date that the election day for the election is first determined or specified by proclamation.

(3)

The relevant date for an election for a local government area or ward is—

  • (a)

    in the case of an ordinary election of councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election, or

  • (b)

    in relation to any other election—

    • (i)

      the date of the previous general election for the local government area concerned, or

    • (ii)

      if no general election for the local government area concerned has previously been held—the date that the election day for the election is first specified by proclamation.

(4)

The number of enrolled electors for a local government area for an election is the sum of the following as at the relevant date—

  • (a)

    the number of electors on the residential roll for the area,

  • (b)

    the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the area who must vote at the election if the election is contested.

    Note.

    See section 286 of the Local Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding compulsory voting at local government elections.

(5)

The number of enrolled electors for a ward for an election is to be determined as follows—

  • (a)

    the sum of the following for each ward in the local government area concerned as at the relevant date is to be calculated—

    • (i)

      the number of electors on the residential roll for the ward,

    • (ii)

      the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the ward who must vote at the election if the election is contested,

      Note.

      See section 286 of the Local Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding compulsory voting at local government elections.

  • (b)

    the number of enrolled electors for each ward in that local government area is the highest number calculated under paragraph (a).

(6)

The general manager of a local council is, on request, to provide the Electoral Commissioner with the latest copy of the non-residential roll and of the roll of occupiers and ratepaying lessees for the purposes of this section.

(7)

The Electoral Commission must, before the commencement of the capped local government expenditure period for an election for a local government area or ward, publish on its website the following information in relation to the election—

  • (a)

    the number of enrolled electors for the local government area or ward determined in accordance with this section,

  • (b)

    the corresponding applicable caps that apply to the local government area or ward.

(8)

The Electoral Commission, as soon as is reasonably practicable after the later of the following occurs—

  • (a)

    the registration of a person as a candidate on a Local Government Register of Candidates for an election under Part 7,

  • (b)

    the determination of a number of enrolled electors at the election for a local government area or ward for which a person is registered as a candidate,

is to provide the person with the following information in relation to the election—

  • (c)

    the number of enrolled electors for the local government area or ward determined in accordance with this section,

  • (d)

    the corresponding applicable caps that apply to the local government area or ward.

(9)

The regulations may deal with the following—

  • (a)

    failures by general managers of local councils to comply with requests for copies of rolls under this section,

  • (b)

    the redetermination of the number of enrolled electors for a local government area or ward if the local council concerned divides its area into wards, abolishes all its wards, changes its number of wards or alters its ward boundaries,

  • (c)

    the provision of information to the Electoral Commissioner by general managers of local councils,

  • (d)

    the determination or redetermination of the number of enrolled electors for a local government area or ward for an election if the election is delayed or postponed (including, without limitation, a delay or postponement of an election under section 288 or Part 6A of Chapter 10 of the Local Government Act 1993).

s 31A: Ins 2019 No 18, Sch 1[2].

32Aggregation of applicable caps—local government election campaigns(1)

Electoral expenditure incurred by a party or an elected member for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an associated entity of the party or elected member for the candidate or group exceed the applicable cap so specified for the party.

(2)

Electoral expenditure incurred by a group of candidates for a local government election campaign that is of or less than the amount specified in section 31 for the group is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by a candidate who is a member of the group (including a member of the group who is a candidate for mayor) exceed the applicable cap so specified for the group.

(2A)

For the avoidance of doubt, for the purposes of subsection (2), electoral expenditure incurred by a candidate includes electoral expenditure incurred for the candidate by a party that endorsed the candidate as referred to in subsection (4).

(3)

Electoral expenditure incurred by a party for a local government election campaign for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if the total of the following expenditure exceeds the applicable cap specified for the party—

  • (a)

    the electoral expenditure incurred by the party for the local government election campaign for the candidate or group,

  • (b)

    any other electoral expenditure incurred by an elected member for the candidate or group, being a councillor (including a mayor) of the council of the local government area, who is—

    • (i)

      a member of the party, and

    • (ii)

      not a candidate at the local government election.

Note.

A retiring councillor or mayor is not a candidate at a local government general election.

(4)

Electoral expenditure incurred by a candidate or a group of candidates that is of or less than the amount specified in section 31 for the candidate or group is to be treated as expenditure that exceeds the applicable cap if that expenditure and electoral expenditure for the candidate or group by a party that endorsed the candidate or group exceed the applicable cap specified for the candidate or group.

Note—

The election period for local government general elections is the ordinary 4-year cycle and early or late elections caused by mergers or other causes are to be disregarded so long as one or more elections are held on the ordinary schedule.

(4)

The adjustable amounts that are to apply for a subsequent election period are to be determined by multiplying the adjustable amounts that applied for the previous election period by the increase in the Consumer Price Index during that previous election period.

(4A)

Despite subclauses (1)–(4), if a subsequent Saturday has been appointed for a local government general election under the Local Government Act 1993, section 288, the adjustable amounts that would have applied to the election, except for the delay, continue to apply to the delayed election.

Note—

Under the Local Government Act 1993, section 288, if the Minister for Local Government is of the opinion that it would be impracticable or inconvenient to hold an election on the Saturday scheduled by that Act, the Minister may appoint a subsequent Saturday for the election, being a Saturday not more than 28 days later than the day when the election should have been held.

(5)

The increase in the Consumer Price Index during an election period is to be calculated as B/A where—

A is the Consumer Price Index number for the last quarter for which such a number was published before the start of the election period.

B is the Consumer Price Index number for the last quarter for which such a number was published before the end of the election period.

(6)

If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.

(7)

Before the start of each election period after the election period that is current when this clause commences, the Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for the election period that results from an adjustment under this clause.

(8)

For this clause, in relation to local government elections, the first election period that was current when Part 3, Division 4 commenced is taken to have ended on 4 December 2021.

(9)

Accordingly—

  • (a)

    each of the adjustable amounts specified in a provision of Part 3, Division 4 must be adjusted for inflation for the subsequent election period as provided by this clause, and

  • (b)

    the Electoral Commission must publish notice on the NSW legislation website and its website of the amount of each adjustable amount for the election period that results from the adjustment.

4Adjustment of public funding amounts(1)

Each of the adjustable amounts specified in sections 67 and 69 is to be adjusted for inflation as provided by this clause.

(2)

An election period means the period between the dates of the return of the writs of successive State general elections.

(3)

The adjustable amounts that are to apply for the 2019 State general election are to be determined by multiplying the adjustable amounts specified in sections 67 and 69 by the increase in the Consumer Price Index during the election period commencing on the date of the return of the writs of the 2015 State general election and ending on the date of the return of the writs of the 2019 State general election.

(4)

The adjustable amounts that are to apply for a subsequent election period are to be determined by multiplying the adjustable amounts that applied for the previous election period by the increase in the Consumer Price Index during the previous election period.

(5)

The increase in the Consumer Price Index during an election period is to be calculated as B/A where—

A is the Consumer Price Index number for the last quarter for which such a number was published before the start of the election period.

B is the Consumer Price Index number for the last quarter for which such a number was published before the end of the election period.

(6)

If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.

(7)

The Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a State general election (as adjusted under this Schedule) before the start of the State election period concerned.

Editorial note—

For the latest notice under this subclause, see the Electoral Funding (Adjustable Amounts) (Public Funding) Notice 2023.

5Adjustment of administrative funding amounts(1)

Each of the adjustable amounts specified in a provision of Part 5, Division 2 is to be adjusted for inflation as provided by this clause.

(2)

The adjustable amounts that are to apply for the 2019 calendar year are to be determined by multiplying the adjustable amounts specified in a provision of Part 5, Division 2 by the annual increase in the Consumer Price Index during the previous calendar year.

(3)

The adjustable amounts that are to apply for a subsequent calendar year are to be determined by multiplying the adjustable amounts that applied for the previous calendar year by the annual increase in the Consumer Price Index during that previous calendar year.

(4)

The annual increase in the Consumer Price Index during a calendar year is to be calculated as B/A where—

A is the Consumer Price Index number for the last quarter for which such a number was published before the start of the calendar year.

B is the Consumer Price Index number for the last quarter for which such a number was published before the end of the calendar year.

(5)

If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.

(6)

The Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a calendar year (as adjusted under this Schedule) before the start of the calendar year.

Editorial note—

For the latest notice under this subclause, see the Electoral Funding (Adjustable Amounts) (Administrative Funding) Notice 2024.

5AAdjustment of new party policy development amounts(1)

Each of the adjustable amounts specified in section 93 must be adjusted for inflation for the 2023–24 financial year and each subsequent financial year as provided by this clause.

(2)

The adjustable amounts that are to apply for the 2023–24 financial year are to be determined by multiplying the adjustable amounts specified in section 93 by the annual increase in the Consumer Price Index during the previous financial year.

(3)

The adjustable amounts that are to apply for a subsequent financial year are to be determined by multiplying the adjustable amounts that applied for the previous financial year by the annual increase in the Consumer Price Index during that previous financial year.

(4)

The annual increase in the Consumer Price Index during a financial year must to be calculated as where—

A is the Consumer Price Index number for the last quarter for which that number was published before the start of the financial year.

B is the Consumer Price Index number for the last quarter for which that number was published before the end of the financial year.

(5)

If is less than 1 (as a result of deflation), is deemed to be 1.

(6)

The Electoral Commission must publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a financial year, as adjusted under this Schedule, before the start of the financial year.

Editorial note—

For the latest notice under this subsection, see the Electoral Funding (Adjustable Amounts) (New Party Policy Development Funding) Notice 2024 (217).

5BAdjustment of office accommodation amount excluded from electoral expenditure caps(1)

The adjustable amount specified in section 7(4B) applies for the first election period that is current when the provision commences and is then to be adjusted for inflation for subsequent election periods as provided by this clause.

(2)

An election period is the period between the end of an election day and the end of the election day of a successive general election.

Note—

State general elections and local government general elections have different election periods.

(3)

For subclause (2), if a local government general election is held on the day specified by the Local Government Act 1993, section 287(1) and another local government general election is held on a different day, the other local government general election must be disregarded.

Note—

The election period for local government general elections is the ordinary 4-year cycle and early or late elections caused by mergers or other causes are to be disregarded so long as one or more elections are held on the ordinary schedule.

(4)

The adjustable amounts that are to apply for a subsequent election period are to be determined by multiplying the adjustable amounts that applied for the previous election period by the increase in the Consumer Price Index during that previous election period.

(4A)

Despite subclauses (1)–(4), if a subsequent Saturday has been appointed for a local government general election under the Local Government Act 1993, section 288, the adjustable amounts that would have applied to the election, except for the delay, continue to apply to the delayed election.

Note—

Under the Local Government Act 1993, section 288, if the Minister for Local Government is of the opinion that it would be impracticable or inconvenient to hold an election on the Saturday scheduled by that Act, the Minister may appoint a subsequent Saturday for the election, being a Saturday not more than 28 days later than the day when the election should have been held.

(5)

The increase in the Consumer Price Index during an election period is to be calculated as where—

A is the Consumer Price Index number for the last quarter for which the number was published before the start of the election period.

B is the Consumer Price Index number for the last quarter for which the number was published before the end of the election period.

(6)

If is less than 1 (as a result of deflation), is deemed to be 1.

(7)

Before the start of each election period after the election period that is current when this clause commences, the Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for the election period that results from an adjustment under this clause.

6Rounding of adjustments(1)

If the determination of an adjustable amount for a year or election period under this Schedule results in an amount that is not a whole number multiple of $100, the amount determined is to be rounded up to the nearest whole number multiple of $100 and that amount as so rounded is the adjustable amount for that year or election period.

(2)

Despite subclause (1), in the case of an adjustment of the amounts specified in sections 67, 69 and 93(4), the amount is to be rounded up to the nearest cent if the determination results in an amount that is not a multiple of $0.01 and that amount as so rounded is the adjustable amount for that year or election period.

sch 1: Am 2018 No 68, Sch 1.11 [9]; 2022 No 57, Sch 3[34]–[36]; 2024 No 11, Sch 1.1[1]–[5].

Schedule 2Savings, transitional and other provisionsPart 1General1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—

  • (a)

    to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

  • (b)

    to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

(4)

To avoid doubt, a regulation made for the purposes of this clause may exclude or otherwise modify the operation of any provision of this Schedule as well as any other provision of this Act.

(5)

Without limiting subclause (4), a regulation made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.

Part 2Provisions consequent on enactment of this Act2Definition

In this Part—

former Act means the Election Funding, Expenditure and Disclosures Act 1981.

3Continuation of Funds(1)

The Administration Fund is a continuation of the Administration Fund established under the former Act as in force immediately before the commencement of this clause.

(2)

The Election Campaigns Fund is a continuation of the Election Campaigns Fund established under the former Act as in force immediately before the commencement of this clause.

(3)

The New Parties Fund is a continuation of the Policy Development Fund established under the former Act as in force immediately before the commencement of this clause.

4Former Act and regulations continue to apply to donations and expenditure made before commencement

The former Act and the Election Funding, Expenditure and Disclosures Regulation 2009, as in force immediately before the commencement of this clause, continue to apply, as if that Act and regulation had not been repealed, to political donations made and received and electoral expenditure incurred before that commencement.

5Commencement of new administrative and policy development funding provisions(1)

On and from the commencement of this clause—

  • (a)

    Part 5 (Administrative and New Party policy development funding) of this Act is taken to have commenced on 1 January 2018, and

  • (b)

    Part 6A (Administrative and policy development funding) of the former Act is taken to have been repealed on that date.

(2)

A claim, payment or statement made under Part 6A (Administrative and policy development funding) of the former Act in relation to the 2018 calendar year is taken to have been made under Part 5 of this Act.

(3)

Without limiting clause 1, the regulations may make further provision of a savings or transitional nature consequent on the commencement of Part 5 of this Act.

(4)

For the avoidance of doubt, until the end of calendar year 2018, in the case of a party that was a registered party on 1 January 2011, the relevant maximum amount for the purposes of section 93(4) is the amount referred to in section 93(5), if the amount referred to in section 93(4) is less than that amount.

Note.

This provision saves the operation of section 97I(5)(a) of the former Act until the end of 2018.

6Timing of disclosures of reportable political donations of certain kinds: section 15(1)(a)

Despite section 15(1)(a), a regulation made under clause 1 may provide that a disclosure of a reportable political donation of a specified kind received or made during the pre-election period for an Assembly general election is to be disclosed within such other period as is specified by the regulation.

7Existing registers(1)

Each register under the former Act (an existing register) is taken to be the register for the purposes of this Act (a corresponding register).

(2)

An existing register that becomes a corresponding register by operation of this clause may continue to include information that was recorded for the purposes of the former Act for which the register was maintained.

(3)

Without limiting any other provision of this Act, the Electoral Commission may update or correct information recorded in an existing register that becomes a corresponding register to reflect changes resulting from the commencement of provisions of this Act.

8Existing delegations and instruments(1)

Any delegation of a function under a provision of the former Act that corresponds to a provision of this Act that was in force immediately before the repeal of that Act is taken to be a delegation of the comparable function under the corresponding provision of this Act.

(2)

If the manner and form of making or lodging an instrument or notice under a provision of the former Act that corresponds to a provision of this Act was approved and in force immediately before the repeal of that Act, the comparable instrument or notice may be made or lodged in that approved manner and form under this Act.

9Pending applications, claims, disclosures, declarations and notices(1)

Any application, claim for payment, disclosure or declaration made under the former Act before its repeal and not finally determined or disposed of with may be dealt with under this Act as if it were an application, claim for payment, disclosure or declaration made under this Act.

(2)

A notice under section 110A of the former Act given to a person before the repeal of that Act and not finally determined may continue to be dealt with under the former Act as if that Act had not been repealed.

10Timing of disclosures of reportable political donations of certain kinds: section 15(1)

Despite section 15(1)(a), disclosure of a reportable political donation received or made during the pre-election period for an Assembly general election that is of an amount that is less than an amount specified in section 6(1), but is treated as a reportable political donation by operation of section 6(2), is to be made within the period specified under section 15(1)(b) after the political donation was received or made.

Note.

Section 6(2) provides that a political donation made by an entity or other person of less than the expressed reportable political donation amount (generally $1,000) is to be treated as a reportable political donation if that donation and other previous, separate political donations made by that entity or other person to the same party, elected member, group, candidate, associated entity, third-party campaigner or person within the same financial year (ending 30 June) would, if aggregated, constitute a reportable political donation (ie total or exceed $1,000).

(2)

Subclause (1) ceases to have effect 12 months after the commencement of this clause.

11Certain local government by-elections(1)

The former Act and the Election Funding, Expenditure and Disclosures Regulation 2009, as in force immediately before the commencement of this Act, continue to apply as if that Act and regulation had not been repealed, to and in relation to the following by-elections under the Local Government Act 1993

  • (a)

    the election of 1 councillor in the Berrigan local government area to be held on 14 July 2018,

  • (b)

    the election of 1 councillor in the West Ward of The Hills Shire local government area to be held on 28 July 2018,

  • (c)

    any other by-election to fill a casual vacancy in a civic office that occurred but had not yet been filled before the commencement of this clause.

(2)

This Act does not apply to or in relation to the by-elections referred to in subclause (1).

12Transfer of amounts(1)

If, on the commencement of Part 3 of this Act, the party agent of a registered party is the person who is responsible for making a disclosure required under that Part for an elected member, group or candidate, any amount in a campaign account of the elected member, group or candidate immediately before that commencement is to be paid to the party agent on behalf of an elected member, group or candidate and paid into the campaign account of the registered party.

(2)

The funds of (and relevant transactions relating to) each member, group or candidate are to be accounted for separately.

13Quarterly advance payments

Despite section 91(2), the amount payable, by way of a quarterly advance payment from the Administration Fund in respect of the third quarter of 2018, is payable 2 weeks after the beginning of that quarter.

14Claims for quarterly payments

Despite section 94(2)(c), a claim for a quarterly payment in relation to the first or second quarter of 2018 may be made before the end of 31 December 2018.

15Requirements for associated entities

Section 43 does not apply to or in respect of an associated entity until 1 October 2018.

16Provision of list of party senior office holders

Section 98 does not apply to or in respect of a party until 1 November 2018.

17Amount of public funding for certain by-elections(1)

This clause applies in relation to candidates in a by-election for the Assembly for which the writ was issued during the transitional period who are (under section 68 of the Act) eligible for payments from the Election Campaigns Fund.

(2)

The amount to be distributed from the Election Campaigns Fund to any such candidate is—

  • (a)

    $4 for each first preference vote received in the by-election for the Assembly by any such candidate in that election, or

  • (b)

    the total amount of the actual campaign expenditure of the candidate,

whichever is the lesser.

(3)

In this clause, transitional period means the period beginning on the commencement of the Act (being 1 July 2018) and ending on 23 March 2019.

18Determination of administrative expenditure funding during period of dissolution(1)

Despite section 87(4), during the transitional period, the number of endorsed elected members of a party in relation to any quarterly payment for a quarter during which a dissolution or expiry of the Assembly occurs is to be determined as at the date that is immediately before the date of the dissolution or expiry.

(2)

In this clause, transitional period means the period beginning on the commencement of this Act (being 1 July 2018) and ending on 30 June 2019.

Part 3Provision consequent on enactment of Electoral Funding Amendment (Local Government Expenditure Caps) Act 201919Determination of number of enrolled electors for purposes of applicable local government expenditure caps for 2020 elections—section 31A(1)

For the purposes of the application of Division 4 of Part 3 of this Act, as amended by the Electoral Funding Amendment (Local Government Expenditure Caps) Act 2019, to the ordinary elections of councillors and elections of mayors by electors to be held in September 2020—

  • (a)

    the Electoral Commissioner is to determine the number of enrolled electors for local government areas and wards under section 31A for those elections as soon as is reasonably practicable after 31 January 2020, and

  • (b)

    the relevant date for the purposes of those determinations is to be 31 January 2020.

(2)

If—

  • (a)

    after 31 January 2020 and before 1 July 2020 a council divides its area into wards, abolishes all its wards or changes its number of wards (a change), and

  • (b)

    approval has been given under clause 277A(2) of the Local Government (General) Regulation 2005 for the change to apply to the election to be held in September 2020,

the Electoral Commissioner is, before the capped local government expenditure period for the elections commences, to redetermine in accordance with section 31A the number of enrolled electors for the local government area or wards concerned.

(3)

The relevant date for the purposes of the redetermination referred to in subclause (2) is to be a date fixed by the Electoral Commissioner for the area or wards concerned.

Part 4Provision consequent on postponement of September 2020 local government elections20COVID-19 postponed local government elections

To avoid doubt, for the purposes of sections 28 and 31A of this Act, the local government elections to be held on 4 September 2021 are taken to be ordinary elections of councillors under section 287(1) of the Local Government Act 1993.

Part 5Provision consequent on enactment of Electoral Legislation Amendment (Local Government Elections) Act 202121Disclosures of political donations and electoral expenditure

Section 14, as in force immediately before the commencement of the Electoral Legislation Amendment (Local Government Elections) Act 2021, continues to apply to the disclosure of political donations received or made, and electoral expenditure incurred, before that commencement.

Part 6Provision consequent on enactment of Electoral Legislation Amendment Act 202222Disclosures of political donations—section 15

Section 15, as in force immediately before the Electoral Legislation Amendment Act 2022, Schedule 3[5] and [6] commenced, applies to a half-year or a relevant disclosure period ending on 30 June 2022.

23New Parties Fund—change to financial year

Part 5, Division 3, as in force immediately before the Electoral Legislation Amendment Act 2022, Schedule 3[27]–[31] and [34]–[36] commenced, applies, for the period beginning on 1 January 2022 and ending on 30 June 2022, as if—

  • (a)

    the period were a calendar year, and

  • (b)

    the reference in section 93(4) to 63 cents was a reference to 35 cents, and

  • (c)

    the reference in section 93(5) to $12,300 was a reference to $6,650.

24Excluded electoral expenditure—Part 3, Division 4(1)

This clause applies in relation to the applicable caps on electoral expenditure set out in section 29.

(2)

The amendments made to the meaning of electoral expenditure by the Electoral Legislation Amendment Act 2022, Schedule 3[3] apply for the whole of the capped State expenditure period for the 2023 State general election.

25Carry over for quarterly payments

Section 90(2A), as inserted by the Electoral Legislation Amendment Act 2022, Schedule 3[24], extends to any quarter in 2022.

Part 7Provision consequent on enactment of Electoral Funding Amendment Act 202426Transitional regulations about administrative expenditure

A regulation made under section 84(1)(a)(xi) for a period before 1 July 2024 may take effect on or from 1 April 2023.

Part 8Provisions consequent on enactment of Electoral Funding Amendment Act 202527Definition

In this part—

amending Act means the Electoral Funding Amendment Act 2025.

28Retrospective commencement of amendments(1)

The amendments to this Act made by the amending Act, other than by Schedule 1[10], are taken to have commenced on 1 April 2023.

(2)

For a claim for payment under this Act, Part 5 for administrative expenditure incurred on or after 1 April 2023 and before the commencement of the amending Act that has been made, whether or not the claim has been determined—

  • (a)

    the party agent of the party or an elected member who made the claim may, within 12 months after the commencement, make a supplementary claim for payment, and

  • (b)

    for a supplementary claim for an elected member—the claim must comply with this Act, section 94(2)(b1), and

  • (c)

    for a supplementary claim for a party—this Act, section 96A extends to the supplementary claim.

(3)

The Electoral Commission must determine the supplementary claim as if it was a claim made under this Act, Part 5.

(4)

For a claim for payment under this Act, Part 5 for administrative expenditure incurred on or after 1 April 2023 and before the commencement of the amending Act, the making of a supplementary claim is, for this Act, section 153, a proper reason justifying an extension of the time required under section 90(2) or 91(6) to repay an excess amount to the Electoral Commission.

(5)

Despite subclause (4), the time must not be extended to a date later than 31 December 2026.

sch 2: Am 2018 (366), Sch 2 [1] [2]; 2018 (489), cl 3; 2019 (5), Sch 1; 2019 No 18, Sch 1[11]; 2020 No 30, Sch 1.14; 2021 No 20, Sch 1[5]; 2022 No 57, Sch 3[37]; 2022 (861), Sch 1; 2024 No 40, Sch 1[4]; 2025 No 29, Sch 1[11].

Schedule 3

(Repealed)

sch 3: Rep 1987 No 15, sec 30C.

Historical notesTable of amending instruments

Electoral Funding Act 2018 No 20. Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018. This Act has been amended as follows—

2018

(366)

Electoral Funding Regulation 2018. LW 29.6.2018.

Date of commencement, 1.7.2018, cl 2.

(489)

Electoral Funding Amendment (By-Election Funding) Regulation 2018. LW 29.8.2018.

Date of commencement, on publication on LW, cl 2.

No 68

Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018.

Date of commencement of Sch 1.11, assent, Sch 1.11.

2019

(5)

Electoral Funding Amendment (Administration Fund Payments) Regulation 2019. LW 18.1.2019.

Date of commencement, on publication on LW, cl 2.

No 18

Electoral Funding Amendment (Local Government Expenditure Caps) Act 2019. Assented to 21.11.2019.

Date of commencement, assent, sec 2.

No 22

Electoral Funding Amendment (Cash Donations) Act 2019. Assented to 26.11.2019.

Date of commencement, 1.1.2020, sec 2 and 2019 (584) LW 6.12.2019.

2020

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 1.14, 11.12.2020, sec 2(3).

2021

No 20

Electoral Legislation Amendment (Local Government Elections) Act 2021. Assented to 28.6.2021.

Date of commencement, 1.7.2021, sec 2.

2022

No 57

Electoral Legislation Amendment Act 2022. Assented to 26.10.2022.

Date of commencement of Sch 3[1]—[26] [32] [33] and [37], 2.11.2022, sec 2(1) and 2022 (652) LW 2.11.2022; date of commencement of Sch 3[27]–[31] and [34]–[36], 1.7.2022, sec 2(3).

(861)

Electoral Legislation Amendment Regulation 2022. LW 16.12.2022.

Date of commencement, on publication on LW, sec 2.

2023

No 3

Electoral Funding Amendment (Registered Clubs) Act 2023. Assented to 8.6.2023.

Date of commencement, 1.7.2023, sec 2.

No 55

Electoral Funding Amendment Act 2023. Assented to 12.12.2023.

Date of commencement, assent, sec 2.

2024

No 11

Electoral Funding Amendment (Local Government Electoral Expenditure Caps) Act 2024. Assented to 25.3.2024.

Date of commencement, assent, sec 2.

No 40

Electoral Funding Amendment Act 2024. Assented to 24.6.2024.

Date of commencement, 1.4.2023, sec 2.

2025

No 29

Electoral Funding Amendment Act 2025. Assented to 11.6.2025.

Date of commencement, assent, sec 2.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 3

Am 2018 No 68, Sch 1.11 [1].

Sec 4

Am 2019 No 18, Sch 1[1]; 2022 No 57, Sch 3[1]; 2025 No 29, Sch 1[1].

Sec 7

Am 2022 No 57, Sch 3[2] [3].

Sec 14

Am 2018 No 68, Sch 1.11 [2]; 2021 No 20, Sch 1[1]–[4].

Sec 14A

Ins 2022 No 57, Sch 3[4].

Sec 15

Am 2022 No 57, Sch 3[5] [6].

Sec 17

Am 2022 No 57, Sch 3[7].

Sec 19

Am 2022 No 57, Sch 3[8] [9].

Sec 26

Am 2018 No 68, Sch 1.11 [3].

Part 3, Div 4, note

Subst 2022 No 57, Sch 3[10].

Sec 29

Am 2022 No 57, Sch 3[11]; 2023 No 55, Sch 1[1] [2].

Sec 31

Subst 2019 No 18, Sch 1[2].

Sec 31A

Ins 2019 No 18, Sch 1[2].

Sec 32

Am 2019 No 18, Sch 1[3]–[10]; 2024 No 11, Sch 1.2[1].

Sec 35

Rep 2022 No 57, Sch 3[12].

Sec 37

Am 2022 No 57, Sch 3[13].

Sec 50A

Ins 2019 No 22, sec 3.

Sec 53

Am 2023 No 3, Sch 1.

Sec 57

Am 2022 No 57, Sch 3[14].

Sec 58

Am 2022 No 57, Sch 3[15].

Sec 59

Am 2022 No 57, Sch 3[16].

Sec 60

Am 2022 No 57, Sch 3[17].

Sec 63

Am 2022 No 57, Sch 3[18].

Sec 69

Am 2018 No 68, Sch 1.11 [4].

Sec 72

Am 2022 No 57, Sch 3[19].

Sec 74

Am 2022 No 57, Sch 3[20].

Sec 84

Am 2024 No 40, Sch 1[1]–[3]; 2025 No 29, Sch 1[2].

Sec 87

Am 2022 No 57, Sch 3[21] [22]; 2025 No 29, Sch 1[3].

Sec 88

Am 2025 No 29, Sch 1[4].

Sec 90

Am 2022 No 57, Sch 3[23] [24].

Sec 91

Am 2022 No 57, Sch 3[25] [26].

Part 5, Div 3

Am 2022 No 57, Sch 3[27] [28].

Sec 93

Am 2022 No 57, Sch 3[29] [30].

Sec 94

Am 2022 No 57, Sch 3[31] [32]; 2025 No 29, Sch 1[5]–[7].

Sec 96

Am 2025 No 29, Sch 1[8].

Sec 96A

Ins 2025 No 29, Sch 1[9].

Sec 100

Am 2018 No 68, Sch 1.11 [5].

Sec 103

Am 2024 No 11, Sch 1.2[2].

Sec 106

Am 2024 No 11, Sch 1.2[3].

Sec 108

Am 2024 No 11, Sch 1.2[4].

Sec 129

Am 2024 No 11, Sch 1.2[5].

Sec 130

Am 2024 No 11, Sch 1.2[6].

Sec 132

Am 2018 No 68, Sch 1.11 [6] [7].

Sec 152

Am 2025 No 29, Sch 1[10].

Sec 157

Rep 1987 No 15, sec 30C. Ins 2022 No 57, Sch 3[33].

Sec 158

Ins 2023 No 55, Sch 1[3]. Am 2024 No 11, Sch 1.2[7].

Sch 1, heading

Am 2018 No 68, Sch 1.11 [8].

Sch 1

Am 2018 No 68, Sch 1.11 [9]; 2022 No 57, Sch 3[34]–[36]; 2024 No 11, Sch 1.1[1]–[5].

Sch 2

Am 2018 (366), Sch 2 [1] [2]; 2018 (489), cl 3; 2019 (5), Sch 1; 2019 No 18, Sch 1[11]; 2020 No 30, Sch 1.14; 2021 No 20, Sch 1[5]; 2022 No 57, Sch 3[37]; 2022 (861), Sch 1; 2024 No 40, Sch 1[4]; 2025 No 29, Sch 1[11].

Sch 3

Rep 1987 No 15, sec 30C.

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