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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Election Funding, Expenditure and
Disclosures Amendment
(Administrative Funding) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Election Funding, Expenditure and
Disclosures Act 1981 No 78 3
Schedule 2 Amendment of Election Funding, Expenditure and
Disclosures (Adjustable Amounts) Notice 9
b2012-165-06.d14
New South Wales
Election Funding, Expenditure and
Disclosures Amendment
(Administrative Funding) Bill 2013
No , 2013
A Bill for
An Act to amend the Election Funding, Expenditure and Disclosures Act 1981 with
respect to claims on the Administration Fund; and for other purposes.
Election Funding, Expenditure and Disclosures Amendment (Administrative
Clause 1 Funding) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Election Funding, Expenditure and Disclosures 3
Amendment (Administrative Funding) Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Amendment of Election Funding, Expenditure and Disclosures Act 1981 Schedule 1
No 78
Schedule 1 Amendment of Election Funding, 1
Expenditure and Disclosures Act 1981 2
No 78 3
[1] Section 97E Public funding of eligible parties for administrative 4
expenditure 5
Omit section 97E (3). Insert instead: 6
(3) The annual amount to be distributed from the Administration 7
Fund to any such eligible party is the amount of actual 8
administrative expenditure incurred by or on behalf of the party 9
during the calendar year to which the payment relates, but not 10
exceeding: 11
(a) $200,000 if there is only one elected member endorsed by 12
the party, or 13
(b) $350,000 if there are only 2 elected members endorsed by 14
the party, or 15
(c) $450,000 if there are only 3 elected members endorsed by 16
the party, or 17
(d) $450,000 if there are more than 3 elected members 18
endorsed by the party plus $83,000 for each such member 19
in excess of 3 up to a maximum of 22 members in excess 20
of 3. 21
[2] Section 97F Public funding of Independent members for administrative 22
expenditure 23
Omit "$80,000" from section 97F (3). Insert instead "$200,000". 24
[3] Section 97GA 25
Insert after section 97G: 26
97GA Quarterly payments 27
(1) A party or an elected member is, subject to and in accordance 28
with this Act, eligible for quarterly payments from the 29
Administration Fund for actual administrative expenditure 30
incurred by or on behalf of the party or elected member in a 31
calendar year (the relevant calendar year) determined in 32
accordance with this section. 33
(2) A quarterly payment may be made in respect of each of the first 34
three quarters of the relevant calendar year. 35
Page 3
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Schedule 1 Amendment of Election Funding, Expenditure and Disclosures Act 1981
No 78
(3) A quarterly payment must not exceed: 1
(a) 25% of the annual amount if the payment is in respect of 2
the first quarter, and 3
(b) 50% of the annual amount if the payment is in respect of 4
the second quarter, less any amounts paid in respect of the 5
first quarter, and 6
(c) 75% of the annual amount if the payment is in respect of 7
the third quarter, less any amounts paid in respect of the 8
first and second quarters. 9
(4) The annual amount is the maximum amount of annual payment 10
for which the party concerned would be eligible under 11
section 97E (3), or the elected member concerned would be 12
eligible under section 97F (3), in respect of the relevant calendar 13
year. 14
(5) The annual amount is to be determined on the assumption that: 15
(a) in the case of a party, the number of elected members 16
endorsed by the party at the end of the relevant calendar 17
year will be the same as the number of elected members 18
endorsed by the party at the date on which the claim for the 19
quarterly payment is determined, and 20
(b) in the case of a person who is an elected member, the 21
person will continue to be an elected member at the end of 22
the relevant calendar year. 23
(6) All amounts paid to a party or an elected member by way of 24
quarterly payments under this section in respect of a calendar 25
year are to be deducted from the annual payment to which the 26
party or elected member is entitled under section 97E or 97F in 27
respect of that year. 28
(7) If a party or elected member receives amounts by way of 29
quarterly payment under this section in respect of a calendar year 30
in excess of the amount (if any) to which the party or elected 31
member becomes eligible under section 97E or 97F in respect of 32
that year, the amount of the excess must be repaid to the 33
Authority within 60 days after the party or elected member (or 34
agent of the party or elected member) receives notice in writing 35
from the Authority of the amount of the excess payment. 36
Page 4
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Amendment of Election Funding, Expenditure and Disclosures Act 1981 Schedule 1
No 78
(8) All amounts received by a party or elected member by way of 1
quarterly payments under this section in respect of a calendar 2
year must be repaid, on demand by the Authority, to the 3
Authority if the party or elected member is not eligible under 4
section 97E or 97F for an annual payment from the 5
Administration Fund in relation to that year. 6
[4] Section 97J Claims for payment 7
Omit "a payment under this Part for a calendar year" from section 97J (1). 8
Insert instead "an annual payment for a calendar year, or a quarterly payment, 9
under this Part". 10
[5] Section 97J (2) 11
Omit the subsection. Insert instead: 12
(2) A claim must: 13
(a) be lodged with the Authority and be in writing, and 14
(b) be accompanied by a declaration and such information or 15
evidence as the Authority may require under this Division, 16
including (but not limited to) information or evidence that 17
the Authority requires to establish the eligibility of the 18
party or elected member to make the claim, and 19
(c) be made within 6 months after the end of the calendar year 20
for which payment is to be made, unless the claim is for a 21
quarterly payment. 22
[6] Section 97J (3) 23
Omit the subsection. Insert instead: 24
(3) Entitlement to an annual payment under this Part is to be 25
determined as at the end of the calendar year for which the 26
payment is to be made. 27
[7] Section 97J (5)-(7) 28
Insert after section 97J (4): 29
(5) A payment under this Part for which a party or elected member is 30
eligible is required to be made within the period of 6 weeks after 31
the Authority receives all of the following: 32
(a) a claim for the payment that complies with this Division, 33
(b) all other documentation that is required to be provided 34
under this Division in connection with the claim, 35
Page 5
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Schedule 1 Amendment of Election Funding, Expenditure and Disclosures Act 1981
No 78
(c) information or evidence required by the Authority under 1
this Division in connection with the claim. 2
(6) Any amount required to be repaid to the Authority under this Part 3
or to which the recipient is not entitled may be recovered by the 4
Authority as a debt in any court of competent jurisdiction. 5
(7) The Authority may deduct from any payment due under this Part 6
in respect of a party or elected member any amount that the 7
Authority is authorised by this Part to recover as a debt from the 8
party or elected member or agent of the party or elected member. 9
[8] Schedule 1 Adjustment for inflation of monetary caps 10
Omit clause 4 (1). Insert instead: 11
(1) Each of the adjustable amounts specified in a provision of 12
Division 2 of Part 6A applies for the year 2012 and is to be 13
adjusted for inflation for subsequent calendar years as provided 14
by this clause. 15
(1A) Each of the adjustable amounts specified in a provision of 16
Division 3 of Part 6A applies for the first calendar year to which 17
the provision applies and is to be adjusted for inflation for 18
subsequent calendar years as provided by this clause. 19
[9] Schedule 2, heading 20
Omit the heading. Insert instead: 21
Schedule 2 Savings, transitional and other 22
provisions 23
[10] Schedule 2, clause 1A (1) 24
Omit the subclause. Insert instead: 25
(1) The regulations may contain provisions of a savings or 26
transitional nature consequent on the enactment of any Act that 27
amends this Act. 28
Page 6
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Amendment of Election Funding, Expenditure and Disclosures Act 1981 Schedule 1
No 78
[11] Schedule 2, Part 8 1
Insert after Part 7: 2
Part 8 Provisions consequent on enactment of 3
Election Funding, Expenditure and 4
Disclosures Amendment (Administrative 5
Funding) Act 2013 6
23 Definition 7
In this Part, amending Act means the Election Funding, 8
Expenditure and Disclosures Amendment (Administrative 9
Funding) Act 2013. 10
24 Payments from Administration Fund in respect of 2012 calendar 11
year 12
(1) The amendments made to sections 97E and 97F by the amending 13
Act are taken to have effect in respect of the 2012 calendar year. 14
(2) The Authority may, on application by a party or elected member, 15
redetermine any payment that has been made to the party or 16
elected member under Division 2 of Part 6A, or any claim for 17
payment under that Division, in respect of the 2012 calendar year 18
that was determined under section 97E or 97F as in force before 19
its amendment by the amending Act. 20
(3) If the amount of any payment for which the party or elected 21
member was eligible would have been more if the amendments 22
made to sections 97E and 97F by the amending Act had been in 23
force at the time the payment or claim was made, the Authority is 24
to redetermine the amount to which the party or elected member 25
is eligible under those sections as so amended. 26
(4) Sections 97K-97M apply to an application for redetermination of 27
a payment or claim under this clause and the payment of an 28
additional amount under this clause in the same way as they apply 29
to a claim for payment under Part 6A and a payment from the 30
Administration Fund under that Part. 31
(5) Any amount that is required to be paid to a party or elected 32
member on a redetermination of a payment or claim under this 33
clause is to be paid within 6 weeks after the Authority receives 34
the application for redetermination. 35
Page 7
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Schedule 1 Amendment of Election Funding, Expenditure and Disclosures Act 1981
No 78
(6) Section 97J (5) (as inserted by the amending Act): 1
(a) applies to a payment for which a claim is made after the 2
commencement of that subsection, and 3
(b) applies to a payment in respect of the 2012 calendar year 4
that has not been made but for which a claim (including the 5
required supporting documentation and information) was 6
made before that commencement as if the claim had been 7
received by the Authority on that commencement. 8
25 Notice of adjustable amounts 9
The adjustable amounts for 2013 inserted in the Election 10
Funding, Expenditure and Disclosures (Adjustable Amounts) 11
Notice by the amendment made by Schedule 2 to the amending 12
Act are taken to have been determined and published by the 13
Authority in accordance with Schedule 1 to this Act. 14
Page 8
Election Funding, Expenditure and Disclosures Amendment (Administrative
Funding) Bill 2013
Amendment of Election Funding, Expenditure and Disclosures (Adjustable Schedule 2
Amounts) Notice
Schedule 2 Amendment of Election Funding, 1
Expenditure and Disclosures 2
(Adjustable Amounts) Notice 3
Schedule 1 Notice of adjustable amounts 4
Omit clauses 3 and 4. Insert instead: 5
3 Public funding of eligible parties for administrative expenditure 6
(section 97E of the Act) 7
Table 8
Column 1 Column 2
First day of calendar year Adjustable amount
1 January 2013 (a) $204,700 if there is only one elected
member endorsed by the party, or
(b) $358,100 if there are only 2 elected
members endorsed by the party, or
(c) $460,400 if there are only 3 elected
members endorsed by the party, or
(d) $460,400 if there are more than 3
elected members endorsed by the
party plus $85,000 for each such
member in excess of 3 up to a
maximum of 22 members in excess
of 3.
4 Public funding of Independent members for administrative 9
expenditure (section 97F of the Act) 10
Table 11
Column 1 Column 2
First day of calendar year Adjustable amount
1 January 2013 $204,700
Page 9
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