New South Wales Consolidated Acts

ELECTORAL FUNDING ACT 2018 - SECT 15

15 When 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.