New South Wales Consolidated Acts

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ELECTORAL FUNDING ACT 2018 - SCHEDULE 1

SCHEDULE 1 – Adjustment for inflation of monetary amounts

(cf Schedule 1 EFED Act)

1 Definitions

In this Schedule--

"adjustable amount" means an amount that a provision of this Act provides is to be adjusted for inflation under this Schedule.

"Consumer Price Index" means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician.

"Consumer Price Index number" , in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index.

2 Adjustment of political donation caps

(1) Each of the adjustable amounts specified in a provision of Division 3 (Caps on political donations) of Part 3 (Political donations and electoral expenditure) and in section 47 (Prohibition on certain indirect campaign contributions) is to be adjusted for inflation for the 2018-2019 financial year and each subsequent financial year as provided by this clause.
(2) The adjustable amounts that are to apply for the 2018-2019 financial year are to be determined by multiplying the adjustable amounts specified in Division 3 (Caps on political donations) of Part 3 (Political donations and electoral expenditure) and in section 47 (Prohibition on certain indirect campaign contributions) by the annual increase in the Consumer Price Index during the previous financial year.
(3) The adjustable amounts that are to apply for a subsequent financial year are to be determined by multiplying the adjustable amounts that applied for the previous financial year by the annual increase in the Consumer Price Index during that previous financial year.
(4) The annual increase in the Consumer Price Index during a financial year is to be calculated as B/A where--

"A" is the Consumer Price Index number for the last quarter for which such a number was published before the start of the financial year.

"B" is the Consumer Price Index number for the last quarter for which such a number was published before the end of the financial year.
(5) If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.
(6) The Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a financial year (as adjusted under this Schedule)--
(a) in relation to the 2018-2019 financial year--as soon as possible after the commencement of this clause, and
(b) in relation to any subsequent financial year--before the start of the financial year.
Editorial note : For the latest notice under this subclause, see the Electoral Funding (Adjustable Amounts) (Political Donation Caps) Notice 2022 .

3 Adjustment of electoral expenditure caps

(1) Each of the adjustable amounts specified in a provision of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure) applies for the first election period that is current when the provision commences and is then to be adjusted for inflation for subsequent election periods as provided by this clause.
Editorial note : For the latest notice under this subclause, see the Electoral Funding (Adjustable Amounts) (Electoral Expenditure) Notice 2024 .
(2) An
"election period" is the period between the end of an election day and the end of the election day of a successive general election.
Note : State general elections and local government general elections have different election periods.
(3) For subclause (2), if a local government general election is held on the day specified by the Local Government Act 1993 , section 287(1) and another local government general election is held on a different day, the other local government general election must be disregarded.
Note--: The election period for local government general elections is the ordinary 4-year cycle and early or late elections caused by mergers or other causes are to be disregarded so long as one or more elections are held on the ordinary schedule.
(4) The adjustable amounts that are to apply for a subsequent election period are to be determined by multiplying the adjustable amounts that applied for the previous election period by the increase in the Consumer Price Index during that previous election period.
(4A) Despite subclauses (1)-(4), if a subsequent Saturday has been appointed for a local government general election under the Local Government Act 1993 , section 288, the adjustable amounts that would have applied to the election, except for the delay, continue to apply to the delayed election.
Note--: Under the Local Government Act 1993 , section 288, if the Minister for Local Government is of the opinion that it would be impracticable or inconvenient to hold an election on the Saturday scheduled by that Act, the Minister may appoint a subsequent Saturday for the election, being a Saturday not more than 28 days later than the day when the election should have been held.
(5) The increase in the Consumer Price Index during an election period is to be calculated as B/A where--

"A" is the Consumer Price Index number for the last quarter for which such a number was published before the start of the election period.

"B" is the Consumer Price Index number for the last quarter for which such a number was published before the end of the election period.
(6) If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.
(7) Before the start of each election period after the election period that is current when this clause commences, the Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for the election period that results from an adjustment under this clause.
(8) For this clause, in relation to local government elections, the first election period that was current when Part 3, Division 4 commenced is taken to have ended on 4 December 2021.
(9) Accordingly--
(a) each of the adjustable amounts specified in a provision of Part 3, Division 4 must be adjusted for inflation for the subsequent election period as provided by this clause, and
(b) the Electoral Commission must publish notice on the NSW legislation website and its website of the amount of each adjustable amount for the election period that results from the adjustment.

4 Adjustment of public funding amounts

(1) Each of the adjustable amounts specified in sections 67 and 69 is to be adjusted for inflation as provided by this clause.
(2) An
"election period" means the period between the dates of the return of the writs of successive State general elections.
(3) The adjustable amounts that are to apply for the 2019 State general election are to be determined by multiplying the adjustable amounts specified in sections 67 and 69 by the increase in the Consumer Price Index during the election period commencing on the date of the return of the writs of the 2015 State general election and ending on the date of the return of the writs of the 2019 State general election.
(4) The adjustable amounts that are to apply for a subsequent election period are to be determined by multiplying the adjustable amounts that applied for the previous election period by the increase in the Consumer Price Index during the previous election period.
(5) The increase in the Consumer Price Index during an election period is to be calculated as B/A where--

"A" is the Consumer Price Index number for the last quarter for which such a number was published before the start of the election period.

"B" is the Consumer Price Index number for the last quarter for which such a number was published before the end of the election period.
(6) If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.
(7) The Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a State general election (as adjusted under this Schedule) before the start of the State election period concerned.
Editorial note--: For the latest notice under this subclause, see the Electoral Funding (Adjustable Amounts) (Public Funding) Notice 2023 .

5 Adjustment of administrative funding amounts

(1) Each of the adjustable amounts specified in a provision of Part 5, Division 2 is to be adjusted for inflation as provided by this clause.
(2) The adjustable amounts that are to apply for the 2019 calendar year are to be determined by multiplying the adjustable amounts specified in a provision of Part 5, Division 2 by the annual increase in the Consumer Price Index during the previous calendar year.
(3) The adjustable amounts that are to apply for a subsequent calendar year are to be determined by multiplying the adjustable amounts that applied for the previous calendar year by the annual increase in the Consumer Price Index during that previous calendar year.
(4) The annual increase in the Consumer Price Index during a calendar year is to be calculated as B/A where--

"A" is the Consumer Price Index number for the last quarter for which such a number was published before the start of the calendar year.

"B" is the Consumer Price Index number for the last quarter for which such a number was published before the end of the calendar year.
(5) If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.
(6) The Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a calendar year (as adjusted under this Schedule) before the start of the calendar year.
Editorial note--: For the latest notice under this subclause, see the Electoral Funding (Adjustable Amounts) (Administrative Funding) Notice 2023 .

5A Adjustment of new party policy development amounts

(1) Each of the adjustable amounts specified in section 93 must be adjusted for inflation for the 2023-24 financial year and each subsequent financial year as provided by this clause.
(2) The adjustable amounts that are to apply for the 2023-24 financial year are to be determined by multiplying the adjustable amounts specified in section 93 by the annual increase in the Consumer Price Index during the previous financial year.
(3) The adjustable amounts that are to apply for a subsequent financial year are to be determined by multiplying the adjustable amounts that applied for the previous financial year by the annual increase in the Consumer Price Index during that previous financial year.
(4) The annual increase in the Consumer Price Index during a financial year must to be calculated as graphicwhere--

"A" is the Consumer Price Index number for the last quarter for which that number was published before the start of the financial year.

"B" is the Consumer Price Index number for the last quarter for which that number was published before the end of the financial year.
(5) If graphicis less than 1 (as a result of deflation), graphicis deemed to be 1.
(6) The Electoral Commission must publish notice on the NSW legislation website and its website of the amount of each adjustable amount for a financial year, as adjusted under this Schedule, before the start of the financial year.
Editorial note--: For the latest notice under this subsection, see the Electoral Funding (Adjustable Amounts) (New Party Policy Development Funding) Notice 2023 (347) .

5B Adjustment of office accommodation amount excluded from electoral expenditure caps

(1) The adjustable amount specified in section 7(4B) applies for the first election period that is current when the provision commences and is then to be adjusted for inflation for subsequent election periods as provided by this clause.
(2) An
"election period" is the period between the end of an election day and the end of the election day of a successive general election.
Note--: State general elections and local government general elections have different election periods.
(3) For subclause (2), if a local government general election is held on the day specified by the Local Government Act 1993 , section 287(1) and another local government general election is held on a different day, the other local government general election must be disregarded.
Note--: The election period for local government general elections is the ordinary 4-year cycle and early or late elections caused by mergers or other causes are to be disregarded so long as one or more elections are held on the ordinary schedule.
(4) The adjustable amounts that are to apply for a subsequent election period are to be determined by multiplying the adjustable amounts that applied for the previous election period by the increase in the Consumer Price Index during that previous election period.
(4A) Despite subclauses (1)-(4), if a subsequent Saturday has been appointed for a local government general election under the Local Government Act 1993 , section 288, the adjustable amounts that would have applied to the election, except for the delay, continue to apply to the delayed election.
Note--: Under the Local Government Act 1993 , section 288, if the Minister for Local Government is of the opinion that it would be impracticable or inconvenient to hold an election on the Saturday scheduled by that Act, the Minister may appoint a subsequent Saturday for the election, being a Saturday not more than 28 days later than the day when the election should have been held.
(5) The increase in the Consumer Price Index during an election period is to be calculated as graphicwhere--

"A" is the Consumer Price Index number for the last quarter for which the number was published before the start of the election period.

"B" is the Consumer Price Index number for the last quarter for which the number was published before the end of the election period.
(6) If graphicis less than 1 (as a result of deflation), graphicis deemed to be 1.
(7) Before the start of each election period after the election period that is current when this clause commences, the Electoral Commission is to publish notice on the NSW legislation website and its website of the amount of each adjustable amount for the election period that results from an adjustment under this clause.

6 Rounding of adjustments

(1) If the determination of an adjustable amount for a year or election period under this Schedule results in an amount that is not a whole number multiple of $100, the amount determined is to be rounded up to the nearest whole number multiple of $100 and that amount as so rounded is the adjustable amount for that year or election period.
(2) Despite subclause (1), in the case of an adjustment of the amounts specified in sections 67, 69 and 93(4), the amount is to be rounded up to the nearest cent if the determination results in an amount that is not a multiple of $0.01 and that amount as so rounded is the adjustable amount for that year or election period.



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