New South Wales Consolidated Acts

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ELECTORAL FUNDING ACT 2018 - SECT 56

Determination by Electoral Commission that person not a prohibited donor

56 Determination by Electoral Commission that person not a prohibited donor

(cf section 96GE EFED Act)

(1) A person (
"the applicant" ) may apply to the Electoral Commission for a determination by the Electoral Commission that the applicant or another person is not a prohibited donor for the purposes of this Division.
(2) The Electoral Commission is authorised to make such a determination if the Electoral Commission is satisfied that it is more likely than not that the person is not a prohibited donor. The Electoral Commission is to make its determination solely on the basis of information provided by the applicant.
(3) The Electoral Commission's determination remains in force for 12 months after it is made but can be revoked by the Electoral Commission at any time by notice in writing to the applicant.
(4) The Electoral Commission's determination is conclusively presumed to be correct in favour of any person for the purposes of a political donation that the person makes or accepts while the determination is in force (even if the determination is subsequently found to be incorrect).
(5) The Electoral Commission's determination is not presumed to be correct in favour of any person who makes or accepts a political donation knowing that information provided to the Electoral Commission in connection with the making of the determination was false or misleading in a material particular.
(6) The Electoral Commission is to maintain a public register of the determinations made under this section and is to publish the register on a website maintained by the Electoral Commission.
(7) The Electoral Commission may establish and publicise policies as to how the Electoral Commission will deal with applications for determinations under this section.



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