New South Wales Consolidated Acts

ELECTORAL FUNDING ACT 2018

- As at 24 June 2024
- Act 20 of 2018

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act

   PART 2 - INTERPRETATION AND KEY CONCEPTS

   4.      Definitions
   5.      Meaning of "political donation"
   6.      Meaning of "reportable political donation"
   7.      Meaning of "electoral expenditure"
   8.      References to elections and writs
   9.      Miscellaneous interpretative provisions
   10.     Notes

   PART 3 - POLITICAL DONATIONS AND ELECTORAL EXPENDITURE
   None

           Division 1 - Preliminary
           None

   11.     Application

           Division 2 - Disclosure of political donations and electoral expenditure
           None

   12.     Disclosures required to be made
   13.     Relevant disclosure period
   14.     Person responsible for making disclosures
   14A.    Person responsible for making disclosures for dis-endorsed candidates
   15.     When disclosures of political donations to be made
   16.     When disclosures of electoral expenditure to be made
   17.     How are disclosures to be made
   18.     Disclosure of electoral expenditure--further requirements
   19.     Political donations required to be disclosed
   20.     Electoral expenditure required to be disclosed
   21.     Separate disclosures not required of same item
   22.     Public access to disclosures, expenditure etc

           Division 3 - Caps on political donations
           None

   23.     Applicable cap on political donations
   24.     Prohibition on political donations that exceed applicable cap
   25.     Prohibition on donations to more than 3 third-party campaigners
   26.     Exemption from donation caps

           Division 4 - Caps on electoral expenditure for election campaigns
           None
           Note

   27.     Capped State expenditure period
   28.     Capped local government expenditure period
   29.     Applicable caps on electoral expenditure for State election campaigns
   30.     Aggregation of applicable caps--State election campaigns
   31.     Applicable caps on electoral expenditure for local government election campaigns
   31A.    Meaning of "number of enrolled electors for local government area or ward"
   32.     Aggregation of applicable caps--local government election campaigns
   33.     Prohibition on incurring electoral expenditure exceeding applicable cap during State election campaigns and local government election campaigns
   34.     When electoral expenditure is incurred
   35.     (Repealed)

           Division 5 - Management of donations and expenditure
           None

              Subdivision 1 - Management requirements for parties

   36.     Requirements for parties
   37.     Campaign accounts of parties

              Subdivision 2 - Management requirements for elected members, groups and candidates

   38.     Requirements for political donations to, and electoral expenditure by, elected member, group or candidate--members of registered parties
   39.     Requirements for political donations to, and electoral expenditure by, elected member, group or candidate--independent
   40.     Requirements for political donations to, and electoral expenditure by, elected member, group or candidate--general provisions
   41.     Campaign accounts of elected members, groups or candidates

              Subdivision 3 - Management requirements for third-party campaigners and associated entities

   42.     Requirements for third-party campaigners
   43.     Requirements for associated entities
   44.     Campaign account of associated entities and third-party campaigners

              Subdivision 4 - General

   45.     Person accepting reportable political donations to record details

           Division 6 - Prohibition of certain political donations etc
           None

   46.     Identification of persons from whom donations can be accepted
   47.     Prohibition on certain indirect campaign contributions
   48.     Prohibition on political donations to independent candidates by parties and associated entities and persons
   49.     Prohibition on receiving gifts of unknown source
   50.     Prohibition on receiving loans unless details recorded
   50A.    Prohibition on political donations in cash that exceed $100

           Division 7 - Prohibition of donations from property developers or tobacco, liquor or gambling industries
           None

   51.     Meaning of "prohibited donor"
   52.     Political donations by prohibited donors unlawful
   53.     Meaning of "property developer", "tobacco industry business entity" and "liquor or gambling industry business entity"
   54.     Loans included as political donations
   55.     Exception for membership subscriptions
   56.     Determination by Electoral Commission that person not a prohibited donor

           Division 8 - Miscellaneous
           None

   57.     Exception to aggregation for small donations at fundraising ventures and functions
   58.     Recovery of unlawful donations and expenditure and certain other property developer donations
   59.     Electoral Commission may audit disclosures
   60.     Extension of due date for making disclosures
   61.     Amendment of disclosures

   PART 4 - PUBLIC FUNDING OF STATE ELECTION CAMPAIGNS
   None

           Division 1 - Preliminary
           None

   62.     Application to State elections only
   63.     Definition
   64.     Meaning of electoral expenditure for a State election

           Division 2 - Public funding for electoral expenditure of parties and candidates
           None
           Note

   65.     Establishment of Election Campaigns Fund
   66.     Registered parties eligible for public funding of election campaigns
   67.     Amount of public funding for eligible parties
   68.     Candidates eligible for public funding of election campaigns
   69.     Amount of public funding for eligible independent candidates (or eligible candidates of parties not eligible for public campaign funding)
   70.     No public campaign funding for endorsed candidates of eligible parties
   71.     Payments to parties endorsing the same candidate or group
   72.     Entitlements to advance payments

           Division 3 - General provisions relating to funding
           None

   73.     Claims for, and approvals of, payments
   74.     Electoral Commission may audit claims
   75.     Expenditure to be vouched for
   76.     Making of payments
   77.     Prepayment on lodgment of claims
   78.     Payments conditional on disclosure of political donations etc
   79.     Death of a candidate
   80.     Deductions from payment for debts owed
   81.     Special provisions relating to groups
   82.     Public access to claims and related documents

   PART 5 - ADMINISTRATIVE AND NEW PARTY POLICY DEVELOPMENT FUNDING
   None

           Division 1 - Preliminary
           None

   83.     Application to State members and parties only
   84.     Administrative expenditure--payments from Administration Fund
   85.     Policy development expenditure--payments from New Parties Fund

           Division 2 - Administrative funding for parties and independent members
           None
           Note

   86.     Establishment of Administration Fund
   87.     Public funding of eligible parties for administrative expenditure
   88.     Public funding of independent members for administrative expenditure
   89.     Parties with the same endorsed elected members
   90.     Provisions relating to quarterly payments
   91.     Quarterly advance payments

           Division 3 - Policy development funding for parties not entitled to administrative funding
           None

   92.     Establishment of New Parties Fund
   93.     Public funding of eligible parties for policy development expenditure--payment from New Parties Fund

           Division 4 - General provisions relating to funding
           None

   94.     Claims for payment
   95.     Declarations to be made and documents to be provided by agents and elected members
   96.     Payments conditional on compliance with other obligations under this Act

   PART 6 - OBLIGATIONS OF REGISTERED PARTIES AND SENIOR OFFICE HOLDERS

           Division 1 - Annual financial statements

   97.     Annual financial statements of registered parties

           Division 2 - Electoral Commission to be provided with list of senior office holders

   98.     Parties to provide Electoral Commission with list of senior office holders

           Division 3 - Duties of senior office holders of registered parties

   99.     Definition
   100.    Duties of senior office holders of registered parties to report alleged contraventions of this Act

   PART 7 - REGISTRATION OF ELECTORAL PARTICIPANTS
   None

           Division 1 - Preliminary
           None

   101.    Application to registration for State and local government elections
   102.    Qualification of persons to be appointed as party or official agents

           Division 2 - Register of Candidates
           None

   103.    Register of Candidates
   104.    Deemed registration of nominated candidates and groups
   105.    Applications for registration of candidates
   106.    Application for registration of groups
   107.    Determination of application to register candidates
   108.    Determination of application to register groups
   109.    Requirement to notify Electoral Commission of changes in registered particulars
   110.    Variation and cancellation of registration

           Division 3 - Register of Associated Entities

   111.    Register of Associated Entities
   112.    Applications for registration
   113.    Determination of application
   114.    Requirement to notify Electoral Commission of changes in registered particulars
   115.    Variation and cancellation of registration

           Division 4 - Register of Third-party Campaigners
           None

   116.    Register of Third-party Campaigners
   117.    Applications for registration
   118.    Determination of application
   119.    Requirement to notify Electoral Commission of changes in registered particulars
   120.    Variation and cancellation of registration

           Division 5 - Register of Party Agents
           None

   121.    Register of Party Agents
   122.    Appointment and revocation of appointment of party agents
   123.    Procedure for appointing or revoking appointment of party agents
   124.    Amendment of Register

           Division 6 - Register of Official Agents
           None

   125.    Register of Official Agents
   126.    Official agents of associated entities and third-party campaigners
   127.    Procedure for appointing or revoking appointment of official agents
   128.    Entries in register
   129.    Amendment of Register

           Division 7 - Registers for by-elections
           None

   130.    Application of this Division
   131.    Registers for by-elections

           Division 8 - Miscellaneous
           None

   132.    Public access to registers
   133.    Statutory declarations

   PART 8 - FINANCIAL PROVISIONS
   None

   134.    Appropriation of Consolidated Fund for electoral funding
   135.    Money received by Electoral Commission
   136.    Financial year of the Electoral Commission

   PART 9 - INVESTIGATION POWERS

   137.    Inspection of documents
   138.    Power to require provision of documents and information
   139.    Appointment and identification of inspectors
   140.    Arrangements with NSW Police Force

   PART 10 - CRIMINAL AND OTHER PROCEEDINGS

           Division 1 - Offences

   141.    Offences relating to disclosures of political donations and electoral expenditure
   142.    Offences relating to assisting others lodging claims or disclosures
   143.    Offences relating to caps on donations and expenditure
   144.    Offence relating to scheme to circumvent political donation or expenditure prohibitions or restrictions
   145.    Other offences relating to political donations and electoral expenditure
   146.    False or misleading information

           Division 2 - Proceedings generally

   147.    Nature of proceedings for offences
   148.    Penalty notices
   149.    Civil and criminal proceedings against parties that are unincorporated associations
   150.    Evidence

   PART 11 - MISCELLANEOUS
   None

   151.    Electoral Commission may educate and inform elected members and candidates
   152.    Guidelines
   153.    Extensions of time
   154.    Reports to Parliament
   155.    Compliance agreements
   156.    Regulations
   157.    Registered officer may act when party agent is absent
   158.    Review of provisions of Act relating to caps on electoral expenditure for election campaigns
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)