New South Wales Consolidated Acts New South Wales Consolidated Acts(cf sections 4 and 84 EFED Act)
(1) Parts of parties (such as branches, groups, subdivisions, controlled entities) For the purposes of this Act, where anything is done by, on behalf of or for the benefit of, or any property is held by, or in trust for, or for the members of, a body or organisation, incorporated or unincorporated, being a body or organisation that--(a) forms part of a party, or(b) is established by or under the constitution of a party, or(c) has functions conferred by or under the constitution of a party, or(d) is controlled (within the meaning of section 50AA of the Corporations Act 2001 of the Commonwealth) by a party,the thing is taken to be done by, on behalf of or for the benefit of that party or the property is taken to be held by that party, as the case may be.
(2) Proposed candidates accepting gifts An individual who, or a group of individuals that, accepts a gift for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election is taken to be a candidate or group when accepting the gift.Note : Section 38(3) makes it unlawful for any such political donations to be accepted unless the individual or group is registered as a candidate or group under this Act.
(3) Proposed candidates making payments for electoral expenditure An individual who, or a group of individuals that, makes a payment for electoral expenditure for the election of the individual or individuals at a future election is taken to be a candidate or group when making the payment. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.Note : Section 39(4) makes it unlawful for any such electoral expenditure to be incurred unless the individual or group is registered as a candidate or group under this Act.
(4) End of period of candidature For the purposes of this Act--(a) a person who is a candidate in an election, or(b) a group of candidates in an election,is taken to remain a candidate or group for 30 days after the election day for the election.Note : A disclosure is still required to be made by candidates and groups after they cease to be candidates or groups following the election if they were a candidate or group during any part of the relevant disclosure period for the disclosure--see section 12(4).
(5) Subsection (4) does not apply to a candidate at a time when the candidate is an elected member.
(6) Value of donations or expenditures other than money For the purposes of this Act--(a) the amount of a donation or expenditure consisting of a disposition of property other than money is taken to be the amount equal to the value of the property disposed of, and(b) the value of property disposed of or the value of a gift may, if the Electoral Commission so requires, be determined by valuers appointed or approved by the Electoral Commission in accordance with the regulations.Note : The regulations may make provision for requiring persons to obtain valuations from a valuer approved by the Electoral Commission of political donations that are not gifts of money (or enabling the Electoral Commission to obtain any such valuations)--see section 156(3)(b)).
(7) Name and address when donation or loan made by unincorporated association, trust fund or foundation A reference in this Act to the name and address of a person making a donation or loan is--(a) in the case of a donation or loan made by an unincorporated association--a reference to the name of the association and the names and addresses of the members of the executive committee (however described) of the association, and(b) in the case of a donation or loan purportedly made out of a trust fund or out of the funds of a foundation--a reference to the names and addresses of the trustees of the fund or of the funds of the foundation and the title or other description of the trust fund or the name of the foundation.
(8) Related corporations For the purposes of this Act, corporations that are related to each other (as determined in accordance with the Corporations Act 2001 of the Commonwealth) are taken to be a single corporation.
(9) Electoral expenditure of endorsed Assembly candidate includes electoral expenditure incurred by party for, and invoiced to, candidate For the purposes of this Act, an amount of electoral expenditure by a candidate for election to the Assembly includes, if the candidate is the endorsed candidate of a registered party, any amount of electoral expenditure that is--(a) incurred by that party for the direct or indirect benefit of the candidate or for the direct or indirect benefit of the candidate and other candidates endorsed by the party at the election (whether or not as an agent for the candidate), and(b) invoiced by that party to the candidate for payment (whether or not the candidate has a legal liability to pay to the party the amount invoiced).Such an amount of electoral expenditure is taken, for the purposes of this Act, not to be an amount of electoral expenditure by that party.
(10) Political donation made for benefit of a campaign before candidate selection For the purposes of this Act and despite section 38(3)(a)--(a) a political donation may be made to a party agent on behalf of a future candidate for election in an Assembly electoral district before the candidate has been identified, selected or otherwise endorsed by the party, and(b) it is unlawful for such a political donation to be used otherwise than to incur electoral expenditure for or on behalf of the candidate endorsed by the party for election in that electoral district.Note : The party agent is responsible for disclosures under Part 3 of this Act for any such political donation and electoral expenditure.