New South Wales Consolidated Acts New South Wales Consolidated Acts(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.