New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) To avoid doubt, a regulation made for the purposes of this clause may exclude or otherwise modify the operation of any provision of this Schedule as well as any other provision of this Act.
(5) Without limiting subclause (4), a regulation made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this
Part--
"former Act" means the Election Funding, Expenditure and Disclosures Act 1981
.
(1) The Administration Fund is a continuation of the Administration Fund established under the former Act as in force immediately before the commencement of this clause.
(2) The Election Campaigns Fund is a continuation of the Election Campaigns Fund established under the former Act as in force immediately before the commencement of this clause.
(3) The New Parties Fund is a continuation of the Policy Development Fund established under the former Act as in force immediately before the commencement of this clause.
The former Act and the Election Funding, Expenditure and Disclosures Regulation 2009 , as in force immediately before the commencement of this clause, continue to apply, as if that Act and regulation had not been repealed, to political donations made and received and electoral expenditure incurred before that commencement.
(1) General On and from the commencement of this clause--(a) Part 5 (Administrative and New Party policy development funding) of this Act is taken to have commenced on 1 January 2018, and(b) Part 6A (Administrative and policy development funding) of the former Act is taken to have been repealed on that date.
(2) A claim, payment or statement made under Part 6A (Administrative and policy development funding) of the former Act in relation to the 2018 calendar year is taken to have been made under Part 5 of this Act.
(3) Without limiting clause 1, the regulations may make further provision of a savings or transitional nature consequent on the commencement of Part 5 of this Act.
(4) Maximum policy development expenditure funding from New Parties Fund in 2018 For the avoidance of doubt, until the end of calendar year 2018, in the case of a party that was a registered party on 1 January 2011, the relevant maximum amount for the purposes of section 93(4) is the amount referred to in section 93(5), if the amount referred to in section 93(4) is less than that amount.Note : This provision saves the operation of section 97I(5)(a) of the former Act until the end of 2018.
Despite section 15(1)(a), a regulation made under clause 1 may provide that a disclosure of a reportable political donation of a specified kind received or made during the pre-election period for an Assembly general election is to be disclosed within such other period as is specified by the regulation.
(1) Each register under the former Act (an
"existing register" ) is taken to be the register for the purposes of this Act (a
"corresponding register" ).
(2) An existing register that becomes a corresponding register by operation of this clause may continue to include information that was recorded for the purposes of the former Act for which the register was maintained.
(3) Without limiting any other provision of this Act, the Electoral Commission may update or correct information recorded in an existing register that becomes a corresponding register to reflect changes resulting from the commencement of provisions of this Act.
(1) Any delegation of a function under a provision of the former Act that corresponds to a provision of this Act that was in force immediately before the repeal of that Act is taken to be a delegation of the comparable function under the corresponding provision of this Act.
(2) If the manner and form of making or lodging an instrument or notice under a provision of the former Act that corresponds to a provision of this Act was approved and in force immediately before the repeal of that Act, the comparable instrument or notice may be made or lodged in that approved manner and form under this Act.
(1) Any application, claim for payment, disclosure or declaration made under the former Act before its repeal and not finally determined or disposed of with may be dealt with under this Act as if it were an application, claim for payment, disclosure or declaration made under this Act.
(2) A notice under section 110A of the former Act given to a person before the repeal of that Act and not finally determined may continue to be dealt with under the former Act as if that Act had not been repealed.
(1) Despite section 15(1)(a), disclosure of a reportable political donation received or made during the pre-election period for an Assembly general election that is of an amount that is less than an amount specified in section 6(1), but is treated as a reportable political donation by operation of section 6(2), is to be made within the period specified under section 15(1)(b) after the political donation was received or made.Note : Section 6(2) provides that a political donation made by an entity or other person of less than the expressed reportable political donation amount (generally $1,000) is to be treated as a reportable political donation if that donation and other previous, separate political donations made by that entity or other person to the same party, elected member, group, candidate, associated entity, third-party campaigner or person within the same financial year (ending 30 June) would, if aggregated, constitute a reportable political donation (ie total or exceed $1,000).
(2) Subclause (1) ceases to have effect 12 months after the commencement of this clause.
(1) The former Act and the Election Funding, Expenditure and Disclosures Regulation 2009 , as in force immediately before the commencement of this Act, continue to apply as if that Act and regulation had not been repealed, to and in relation to the following by-elections under the Local Government Act 1993 --(a) the election of 1 councillor in the Berrigan local government area to be held on 14 July 2018,(b) the election of 1 councillor in the West Ward of The Hills Shire local government area to be held on 28 July 2018,(c) any other by-election to fill a casual vacancy in a civic office that occurred but had not yet been filled before the commencement of this clause.
(2) This Act does not apply to or in relation to the by-elections referred to in subclause (1).
(1) If, on the commencement of Part 3 of this Act, the party agent of a registered party is the person who is responsible for making a disclosure required under that Part for an elected member, group or candidate, any amount in a campaign account of the elected member, group or candidate immediately before that commencement is to be paid to the party agent on behalf of an elected member, group or candidate and paid into the campaign account of the registered party.
(2) The funds of (and relevant transactions relating to) each member, group or candidate are to be accounted for separately.
Despite section 91(2), the amount payable, by way of a quarterly advance payment from the Administration Fund in respect of the third quarter of 2018, is payable 2 weeks after the beginning of that quarter.
Despite section 94(2)(c), a claim for a quarterly payment in relation to the first or second quarter of 2018 may be made before the end of 31 December 2018.
Section 43 does not apply to or in respect of an associated entity until 1 October 2018.
Section 98 does not apply to or in respect of a party until 1 November 2018.
(1) This clause applies in relation to candidates in a by-election for the Assembly for which the writ was issued during the transitional period who are (under section 68 of the Act) eligible for payments from the Election Campaigns Fund.
(2) The amount to be distributed from the Election Campaigns Fund to any such candidate is--(a) $4 for each first preference vote received in the by-election for the Assembly by any such candidate in that election, or(b) the total amount of the actual campaign expenditure of the candidate,whichever is the lesser.
(3) In this clause,
"transitional period" means the period beginning on the commencement of the Act (being 1 July 2018) and ending on 23 March 2019.
(1) Despite section 87(4), during the transitional period, the number of endorsed elected members of a party in relation to any quarterly payment for a quarter during which a dissolution or expiry of the Assembly occurs is to be determined as at the date that is immediately before the date of the dissolution or expiry.
(2) In this clause,
"transitional period" means the period beginning on the commencement of this Act (being 1 July 2018) and ending on 30 June 2019.
(1) For the purposes of the application of Division 4 of Part 3 of this Act, as amended by the Electoral Funding Amendment (Local Government Expenditure Caps) Act 2019 , to the ordinary elections of councillors and elections of mayors by electors to be held in September 2020--(a) the Electoral Commissioner is to determine the number of enrolled electors for local government areas and wards under section 31A for those elections as soon as is reasonably practicable after 31 January 2020, and(b) the relevant date for the purposes of those determinations is to be 31 January 2020.
(2) If--(a) after 31 January 2020 and before 1 July 2020 a council divides its area into wards, abolishes all its wards or changes its number of wards (a
"change" ), and(b) approval has been given under clause 277A(2) of the Local Government (General) Regulation 2005 for the change to apply to the election to be held in September 2020,the Electoral Commissioner is, before the capped local government expenditure period for the elections commences, to redetermine in accordance with section 31A the number of enrolled electors for the local government area or wards concerned.
(3) The relevant date for the purposes of the redetermination referred to in subclause (2) is to be a date fixed by the Electoral Commissioner for the area or wards concerned.
To avoid doubt, for the purposes of sections 28 and 31A of this Act, the local government elections to be held on 4 September 2021 are taken to be ordinary elections of councillors under section 287(1) of the Local Government Act 1993 .
Section 14, as in force immediately before the commencement of the Electoral Legislation Amendment (Local Government Elections) Act 2021 , continues to apply to the disclosure of political donations received or made, and electoral expenditure incurred, before that commencement.
Section 15, as in force immediately before the Electoral Legislation Amendment Act 2022 , Schedule 3[5[#93] and [6[#93] commenced, applies to a half-year or a relevant disclosure period ending on 30 June 2022.
Part 5, Division 3, as in force immediately before the Electoral Legislation Amendment Act 2022 , Schedule 3[27[#93]-[31[#93] and [34[#93]-[36[#93] commenced, applies, for the period beginning on 1 January 2022 and ending on 30 June 2022, as if--
(a) the period were a calendar year, and
(b) the reference in section 93(4) to 63 cents was a reference to 35 cents, and
(c) the reference in section 93(5) to $12,300 was a reference to $6,650.
(1) This clause applies in relation to the applicable caps on electoral expenditure set out in section 29.
(2) The amendments made to the meaning of
"electoral expenditure" by the Electoral Legislation Amendment Act 2022 , Schedule 3[3[#93] apply for the whole of the capped State expenditure period for the 2023 State general election.
Section 90(2A), as inserted by the Electoral Legislation Amendment Act 2022 , Schedule 3[24[#93], extends to any quarter in 2022.