(cf section 87 EFED Act) (1) For the purposes of this Act, electoral expenditure is expenditure for or in connection with promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election, and which is expenditure of one of the following kinds—
(a) expenditure on advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards and other election material, (b) expenditure on the production and distribution of election material, (c) expenditure on the internet, telecommunications, stationery and postage, (d) expenditure incurred in employing staff engaged in election campaigns, (e) expenditure incurred for office accommodation for any such staff and candidates (other than for the campaign headquarters of a party or for the electorate office of an elected member), (f) expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning, (g) expenditure on research associated with election campaigns (other than in-house research), (h) expenditure incurred in raising funds for an election, (i) expenditure of a kind prescribed by the regulations. (2) Electoral expenditure does not include—
(a) expenditure incurred substantially in respect of an election of members to a Parliament other than the NSW Parliament, or (b) expenditure on factual advertising of—
(i) meetings to be held for the purpose of selecting persons for nomination as candidates for election, or (ii) meetings for organisational purposes of parties, branches of parties or conferences, committees or other bodies of parties or branches of parties, or (iii) any other matter involving predominantly the administration of parties or conferences, committees or other bodies of parties or branches of parties, or (c) expenditure of a kind prescribed by the regulations. (3) Electoral expenditure does not include expenditure incurred by an entity or other person (not being a party, an associated entity, an elected member, a group or a candidate) if the expenditure is not incurred for the dominant purpose of promoting or opposing a party or the election of a candidate or candidates or influencing the voting at an election. (4) For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure incurred in raising funds for an election. (4A) For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred on travel and travel accommodation for candidates and staff engaged in electoral campaigning.
(cf Part 6 EFED Act)
(cf Division 2, Part 6 EFED Act)
(cf section 90 EFED Act) (1) The person who is responsible for making a disclosure required under this Part is as follows—
(a) in the case of a party—the party agent of that party, (b) in the case of an elected member who is a member of a registered party—the party agent of that registered party, (c) in the case of an elected member who is not a member of a registered party—the elected member, (d) in the case of a candidate who is a member of a registered party—the party agent of that registered party, (e) in the case of a candidate who is not a member of a registered party—the candidate, (f) in the case of a group where all the members of the group are members of the same registered party—the party agent of that registered party, (g) in the case of a group where one or more members of the group are members of a registered party and one or more other members of the group are members of another registered party—the party agent of the registered party of the lead candidate of the group, (h) in the case of any other group—the lead candidate of the group, (i) in the case of an associated entity—the official agent of the associated entity, (j) in the case of a third-party campaigner—the official agent of the third-party campaigner, (k) in the case of a major political donor—the major political donor. (2) Despite subsection (1), the following persons are responsible for making a disclosure required under this Part—
(a) in the case of an elected member who is a councillor (including the mayor) of a local government area who is a member of a registered party—the elected member, (b) in the case of a candidate in a local government election who is a member of a registered party—the candidate, (c) in the case of a group in a local government election where all (or one or more) of the members of the group are members of a registered party—the lead candidate of the group. (3) However, despite subsection (2), a party agent is the person responsible for making a disclosure required under this Part for an elected member, candidate or the group, if—
(a) the party agent consents in accordance with subsection (4) to be the person responsible for making the disclosure, or (b) the party agent decides in accordance with subsection (4A) to be the person responsible for making the disclosure. (4) A party agent of the registered party may, by notice in writing given to the Electoral Commission in an approved manner and form, with the agreement of the elected member, candidate or group concerned, consent to be the person who is responsible for making a disclosure required under this Part for the elected member, candidate or group. (4A) A party agent of a registered party may, by written notice given to the Electoral Commission in an approved way, decide to be the person who is responsible for making a disclosure required under this Part for the following—
(a) an elected member who is a councillor, including the mayor, of a local government area who is a member of the registered party, (b) a candidate in a local government election who is a member of the registered party, (c) a group in a local government election where all, or 1 or more, of the members of the group are members of the registered party.
(1) This section applies to State elections. (2) A party agent of the registered party may, by written notice given in an approved way, notify the Electoral Commission the party has dis-endorsed a candidate.
(cf section 91(1) EFED Act)
(cf section 91(2)–(6) EFED Act) (1) Disclosures are to be made in a declaration lodged with the Electoral Commission in a manner and form—
(a) determined by the regulations (if any), and (b) subject to the regulations, approved by the Electoral Commission. (2) Without limiting subsection (1), the regulations or an approval by the Electoral Commission may make provision for an electronic or internet-based system of lodgment of declarations of disclosures.
(cf section 92 EFED Act) (1) General Political donations are to be disclosed in accordance with this section. (2) Reportable political donations Disclosure of reportable political donations is to include disclosure of the following details of each such donation received or made during the relevant disclosure period—
(a) the party, elected member, group or candidate to or for whose benefit the donation was made (or, if the case requires, the third-party campaigner or associated entity to whom the donation was made), (b) the date on which the donation was received or made, (c) the name of the donor, (d) the residential address of the donor (in the case of an individual) or the address of the registered or other official office of the donor (in the case of an entity), (e) the amount of the donation, (f) in the case of a donor that is an entity and not an individual—the relevant business number of the entity referred to in section 46, (g) in relation to the disclosure of a political donation that is a reportable political donation by operation of section 6(2)—details that separately identify that political donation and the earlier political donation or donations with which it is aggregated.
(cf Division 2A, Part 6 EFED Act)
(cf section 95D EFED Act) (1) A party subscription paid to a party is to be disregarded for the purposes of this Division, except so much of the amount of the subscription as exceeds the relevant maximum subscription under subsection (8). (2) A party levy paid to a party by an elected member or a candidate who is a member of the party is to be disregarded for the purposes of this Division. (3) An amount paid, during a financial year in which an Assembly general election or Assembly by-election is conducted, to a party by a candidate in that election who is a member of the party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds the amount of the applicable cap referred to in section 29(12)(a) (as adjusted for inflation by section 29(14) and Schedule 1). Note— The applicable cap under section 29(12)(a) (Additional cap for individual Assembly seats) for the 2019 State general election is $61,500.
(cf Division 2B, Part 6 EFED Act) Note— Under section 7(4)–(5) certain types of expenditure are taken not to be electoral expenditure for the purposes of this Division (for example, expenditure incurred in raising funds for an election or expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning).
(cf section 95F EFED Act) (1) General The applicable caps on electoral expenditure for a State election campaign are as provided by this section, as modified by section 30 (Aggregation of applicable caps—State election campaigns). (2) Parties with Assembly candidates in a general election For a State general election, the applicable cap for a party that endorses candidates for election to the Assembly is $122,900 multiplied by the number of electoral districts in which a candidate is so endorsed. Note— Under section 9(9) any amount of electoral expenditure incurred by a party for the benefit of a candidate endorsed by the party and invoiced by that party to the candidate for payment is the electoral expenditure of the candidate (that is subject to the applicable cap). Therefore it is not electoral expenditure of the party that is subject to the applicable cap under this subsection. (3) Subsection (2) does not apply to a party that endorses candidates in a group for election to the Council and endorses candidates for election to the Assembly in not more than 10 electoral districts. Note— The total cap for a party that endorses candidates in all 93 electoral districts at a general election is $11,429,700. (4) Other parties with Council candidates in a general election For a State general election, the applicable cap for a party that endorses candidates in a group for election to the Council, but does not endorse any candidates for election to the Assembly or does not endorse candidates in more than 10 electoral districts, is $1,288,500. (5) Independent groups of candidates in Council general elections For a periodic Council election, the applicable cap for a group of candidates who are not endorsed by any party is $1,288,500.
(1) General The applicable caps on electoral expenditure for a local government election campaign are as provided by this section, as modified by section 32 (Aggregation of applicable caps—local government election campaigns). Note— This Act does not apply to an election of mayor by councillors—see the definition of local government election in section 4.(2) Parties with candidates For a local government general election or by-election for a local government area or ward, the applicable cap for a party that endorses a candidate for the election (including a candidate for mayor) or a group of candidates for election as councillor (including a group that includes a candidate for mayor) for electoral expenditure for the candidate or group is the amount of the applicable cap for the candidate or group.
(1) For the purposes of section 31, the number of enrolled electors for a local government area or ward for an election for a local government area or ward is the number determined by the Electoral Commissioner in accordance with this section.(2) Timing of determination The Electoral Commissioner is to make the determination as soon as is reasonably practicable after the following date in relation to an election for a local government area or ward—
(a) in the case of an ordinary election of councillors under section 287(1) of the and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election, Local Government Act 1993 (b) in relation to any other election—the date that the election day for the election is first determined or specified by proclamation. (3) “Relevant date” for determination The relevant date for an election for a local government area or ward is—
(a) in the case of an ordinary election of councillors under section 287(1) of the and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election, or Local Government Act 1993 (b) in relation to any other election—
(i) the date of the previous general election for the local government area concerned, or (ii) if no general election for the local government area concerned has previously been held—the date that the election day for the election is first specified by proclamation.
(1) Aggregation of expenditure of parties, elected members and associated entities Electoral expenditure incurred by a party or an elected member for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an associated entity of the party or elected member for the candidate or group exceed the applicable cap so specified for the party or elected member. (2) Aggregation of expenditure of groups and candidates within the group Electoral expenditure incurred by a group of candidates for a local government election campaign that is of or less than the amount specified in section 31 for the group is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by a candidate who is a member of the group (including a member of the group who is a candidate for mayor) exceed the applicable cap so specified for the group. (2A) For the avoidance of doubt, for the purposes of subsection (2), electoral expenditure incurred by a candidate includes electoral expenditure incurred for the candidate by a party that endorsed the candidate as referred to in subsection (4).
(cf Division 3, Part 6 EFED Act)
(cf section 96 EFED Act) (1) The State campaign account and the local government campaign account of a party are each to be separate accounts with an authorised deposit-taking institution denominated in Australian dollars. (2) The following may be paid into the State campaign account of a party—
(a) political donations made to the party (including the proceeds of the investment or disposal of any political donation of property that is held as an asset of the account) other than political donations (or the proceeds of political donations) paid into a local government or federal campaign account, (b) political donations paid to a party agent of the party on behalf of an elected member, candidate or group, (c) contributions by candidates to finance the candidates’ own election campaigns, (d) payments made to the party under Part 4 (Public funding of State election campaigns) at any time, (e) money borrowed by the party at any time (other than money borrowed for a local government or federal election), (f) a bequest to the party, (g) money belonging to the party on 1 January 2011, (h) the proceeds of the investment or disposal of any other property belonging to the party on or before 1 January 2011, (i) the proceeds of an investment made, or disposal of property purchased, after 1 January 2011 from money or proceeds of the kind referred to in paragraphs (g) and (h), (j) any other money of a kind that is prescribed by the regulations for the purposes of this subsection. (3) However, the following may not be paid into the State campaign account of a party—
(a) a party subscription referred to in section 26, other than any amount that exceeds the maximum subscription referred to in that section and that constitutes a political donation to the party, (b) any amount of a political donation to the party that exceeds the applicable cap on political donations to the party, elected member, candidate or group under section 23, (c) any money paid to the party under Part 5 (Administrative and New Party policy development funding), (d) any other money of a kind that is prescribed by the regulations for the purposes of this subsection.
(cf Division 4, Part 6 EFED Act)
(cf Division 4A, Part 6 EFED Act)
(cf Division 5, Part 6 EFED Act)
(cf section 96J EFED Act) (1) If a person accepts a political donation, loan or indirect campaign contribution that is unlawful because of this Part, an amount equal to the amount or value of the donation, loan or contribution (or double that amount if the person knew that it was unlawful) is payable by that person to the State and may be recovered by the Electoral Commission as a debt due to the State from—
(a) in the case of a donation, loan or contribution received by a party—the party, or (b) in any other case—the person who received the donation, loan or contribution or the official agent of the person.
(cf section 96K EFED Act) (1) The Electoral Commission may audit a declaration of disclosures under this Part (other than a declaration lodged by a major political donor).
(cf section 96L EFED Act)
(cf Division 2, Part 5 EFED Act) Note— The dollar amounts set out in this Division are the amounts specified for the 2015 State general election (see the sections 103C and 103D of the ). These dollar amounts are to be adjusted for inflation for the 2019 State general election by Schedule 1. Election Funding, Expenditure and Disclosures Act 1981
(cf sections 60 and 103D EFED Act)
(cf section 63 EFED Act) (1) A registered party is, subject to and in accordance with this Act, eligible for an advance payment from the Election Campaigns Fund for electoral expenditure incurred in connection with a general election of an amount determined in accordance with subsection (2). (2) A party may receive the following amounts by way of advance payment under this section at the following times—
(a) 50% of the total amount to which the party was entitled under this Part in respect of the previous general election, after the commencement of the capped State expenditure period for the general election and before the issue of the writs for the general election, (b) a further 25% of the total amount to which the party was entitled under this Part in respect of the previous general election, after the issue of the writs for the general election.
(cf Division 3, Part 5 EFED Act)
(cf section 65 EFED Act) (1) The Electoral Commission may audit claims under this Part.
(cf Part 6A EFED Act)
(cf Division 2, Part 6A EFED Act) Note— The dollar amounts set out in this Division (other than section 87) are the equivalent of the adjusted amounts for the calendar year beginning 1 January 2018 set out in the under the Election Funding, Expenditure and Disclosures (Adjustable Amounts) Notice . The dollar amounts in section 87 have been increased as compared to the amounts that would have been payable under the Election Funding, Expenditure and Disclosures Act 1981 . Election Funding, Expenditure and Disclosures Act 1981 The amounts have been expressed as quarterly amounts instead of annual amounts.
(cf section 97E EFED Act) (1) Parties are, subject to and in accordance with this Act, eligible for quarterly payments from the Administration Fund.
(cf section 97GA EFED Act)
(cf section 97GB EFED Act) (1) A party or elected member is, subject to and in accordance with this Act, eligible for a quarterly advance payment from the Administration Fund in respect of each quarter (a relevant quarter ) of an amount determined in accordance with this section.(2) The amount payable, by way of a quarterly advance payment in respect of a relevant quarter, is payable at the beginning of the relevant quarter and is an amount equal to 100% of the total amount to which the party or elected member would be entitled under section 87 or 88 in respect of that relevant quarter.
(cf section 97I EFED Act) (1) Parties that are not eligible for payments from the Administration Fund are, subject to and in accordance with this Act, eligible for annual payments, on a financial year basis, from the New Parties Fund.
(cf section 97J EFED Act) (1) A party or elected member is entitled to receive an annual payment for a calendar year or financial year, or a quarterly payment, under this Part only if the party agent of the party or member concerned makes a claim for the payment in accordance with this Division. (2) A claim must—
(a) be lodged with the Electoral Commission and be in writing, and (b) be accompanied by a declaration and such information or evidence as the Electoral Commission may require under this Division, including (but not limited to) information or evidence that the Electoral Commission requires to establish the eligibility of the party or elected member to make the claim, and (c) in relation to a claim for a quarterly payment—be made within 3 months after the end of the quarter for which payment is to be made, and (d) in any other case—be made within 6 months after the end of the calendar year or financial year for which payment is to be made.
(cf Part 4 EFED Act)
(cf Division 2, Part 4 EFED Act)
(cf Division 2A, Part 4 EFED Act)
(cf Division 3, Part 4 EFED Act)
(cf Division 4, Part 4 EFED Act)
(cf Part 8 EFED Act)
(1) If at any time a party agent for a party is absent or otherwise unavailable, the registered officer of the party under the or under the Electoral Act 2017 , as the case requires, may lodge the following on behalf of the party agent— Local Government Act 1993
(a) a declaration under Part 3, Division 2, (b) a claim for a payment under Part 4 or Part 5.
(cf Schedule 1 EFED Act)