New South Wales Consolidated Acts

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ELECTORAL FUNDING ACT 2018 - SECT 46

Identification of persons from whom donations can be accepted

46 Identification of persons from whom donations can be accepted

(cf section 96D EFED Act)

(1) It is unlawful for a political donation to a party, elected member, group, candidate, associated entity or third-party campaigner to be accepted unless the donor is--
(a) an individual who--
(i) is enrolled (within the meaning of the Electoral Act 2017 ), or
(ii) is enrolled on the roll of electors for federal elections, or
(iii) is enrolled on the roll of electors for a local government election, or
(iv) if not so enrolled, has supplied to the Electoral Commission identification that is acceptable to the Electoral Commission showing the individual's full name and an Australian residential address, or
(b) an entity that has a relevant business number or a principal or executive officer of which has supplied to the Electoral Commission identification that is acceptable to the Electoral Commission showing the principal or officer's full name and an Australian residential address.
(2) A
"relevant business number" is--
(a) an Australian Business Number (ABN), or
(b) any other number allocated or recognised by the Australian Securities and Investments Commission for the purposes of identifying the entity.
(3) The regulations may make provision as to what identification is acceptable for the purposes of this section.
(4) The objects of this section are--
(a) to create certainty about who is making a political donation, by requiring the donor to be properly identified, and
(b) to remove a perception that certain foreign donors could exert influence over the Australian political process, by requiring a donor to have a legitimate link with Australia, either through residence of the donor or its principal or executive officer or by being registered in Australia.



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