An Act to constitute the Election Funding Authority of New South Wales, to make provision for the public funding of Parliamentary election campaigns and to require the disclosure of certain political donations and electoral expenditure for Parliamentary or local government election campaigns; and for other purposes.
long title: Am 2008 No 43, Sch 1 [1].
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Election Funding and Disclosures Act 1981.s 1: Am 2008 No 43, Sch 1 [2].
2 Commencement
(1) This Part shall commence on the date of assent to this Act.(2) Parts 2 and 8, sections 24 and 25 and Schedule 2 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.(3) Except as provided in subsections (1) and (2), this Act shall commence on such day (being not earlier than the day appointed and notified under subsection (2)) as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.(4) For the purpose only of enabling the Election Funding Authority of New South Wales to be constituted in accordance with this Act on or after (but not before) the day appointed and notified under subsection (2), appointments may be made under Part 2, and any other act, matter or thing may be done, before that day as if the whole of this Act commenced on the date of assent to this Act.
3 (Repealed)
s 3: Rep 1991 No 13, Sch 1 (1).
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:agent means a party agent or official agent.alternate means a person appointed as an alternate under Part 2.appointed member means a member of the Authority appointed by the Governor.Assembly means the Legislative Assembly of New South Wales.Assembly general election means an election held for the return of members of the Assembly pursuant to writs issued by the Governor upon the dissolution or expiry of the Assembly.auditor means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth.Authority means the Election Funding Authority of New South Wales constituted by this Act.by-election means:(a) in relation to State elections—a by-election for the Assembly, or(b) in relation to local government elections—a by-election for a councillor (including the mayor) of the council of a local government area.candidate, in relation to an election, means a person nominated as a candidate at the election in accordance with the Parliamentary Electorates and Elections Act 1912 or in accordance with the Local Government Act 1993 (as the case requires) and includes a person applying for registration as, or registered as, a candidate in the Register of Candidates for the election.Chairperson means the Chairperson of the Authority.Commissioner means the Electoral Commissioner for New South Wales appointed under the Parliamentary Electorates and Elections Act 1912 and includes a person duly acting as the Electoral Commissioner.Council means the Legislative Council of New South Wales.day of nomination, in relation to an election, means the day by which all nominations in the election must be made.disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:(a) the allotment of shares in a company,(b) the creation of a trust in property,(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property,(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property,(e) the exercise by a person of a general power of appointment of property in favour of any other person, and(f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person’s own property and to increase the value of the property of any other person.donor—see section 84.elected member means:(a) a member of Parliament, orand includes a person who, during any period after ceasing to be a member of Parliament or a councillor, is entitled to remuneration as such a member or councillor.(b) a councillor (including the mayor) of the council of a local government area,election means a State election or a local government election.electoral district means a district for the election of a member to serve in the Assembly.endorsed, in relation to a party, means endorsed, selected or otherwise accredited to stand as a representative of the party.entity—see section 84.expenditure—see section 84.functions includes powers, authorities and duties.fund means a fund established under Part 5, but does not include the Political Education Fund established under Part 6A.general election means:(a) in relation to State elections—an Assembly general election and a periodic Council election held or to be held concurrently, or(b) in relation to local government elections—a local government election other than a by-election.gift—see section 84.group means:(a) in relation to State elections—a group of candidates, or part of a group of candidates, for a periodic Council election, or(b) in relation to local government elections—a group of candidates, or part of a group of candidates, for a local government election.interest in property means any estate, interest, right or power whatever, whether at law or in equity, in, under or over any property.local government election means an election under the Local Government Act 1993 for the office of councillor or mayor under that Act (other than an election of mayor by councillors).member means a member of the Authority.officer, in relation to a party, means a person who is occupying or acting in an office or position concerned with the management of the party.official agent means:(a) in relation to an elected member of Parliament who is a member of a registered party—the party agent of the party, or(b) in relation to any other elected member who is a candidate or member of a group—the official agent of the candidate or group, or(c) in relation to a State election candidate who is a member of a registered party—the party agent of the party, or(d) in relation to a State election group whose members are all members of a registered party—the party agent of the party, or(e) in relation to a candidate or group of a class specified in the regulations for the purposes of this paragraph—the Authority or a government agency so specified, or(f) in relation to any other candidate or group—the official agent registered in the Register of Official Agents for that candidate or group (or the person taken to be the official agent under section 49), orFor the purposes of this definition, if some of the candidates in a State election group are members of one registered party and other candidates in the group are members of another registered party, the official agent of the group is the party agent of one of those parties as is designated by those candidates.(g) in any other case—a person (including the elected member or candidate) designated by the Authority.Note—Except where paragraph (f) applies, the other persons designated as official agents are ex-officio agents who are not entered in the Register of Official Agents. An elected council member or council candidate or group may appoint for entry in the Register of Official Agents the relevant party agent as his or her official agent.Parliament means the Parliament of New South Wales.party means a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to Parliament or a local council of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part.party agent means a party agent appointed under section 41.payment includes a loan, advance or deposit.periodic Council election has the same meaning as it has in section 3 of the Constitution Act 1902.polling day, in relation to a general election, means the day appointed for the taking of the polls at the election.primary votes means:(a) in relation to a candidate at an election—the total number of first preference votes recorded for the candidate on all ballot-papers not rejected as informal at the election, or(b) in relation to a group of candidates, or a party with endorsed candidates, at an election—the total number of first preference votes recorded for the candidates on all ballot-papers not rejected as informal at the election, other than votes recorded for candidates for election to the Assembly.property includes money.registered (except in the case of a party) means registered in accordance with this Act.registered party means a party registered under Part 4A of the Parliamentary Electorates and Elections Act 1912, being a party which stated in its application for registration that it wished to be registered for the purposes of this Act.regulations means regulations under this Act.returning officer means a returning officer appointed as such under the Parliamentary Electorates and Elections Act 1912.State election means an Assembly general election, a periodic Council election or a by-election for the Assembly.(2) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of that duty.(3) For the purposes of this Act, an Assembly general election and a periodic Council election are held or are to be held concurrently if the day for the taking of the polls for each of the elections named in the writs for the elections is the same day, whether or not the taking of any such poll is adjourned.(4) For the purposes of this Act, where the writs for a general election are issued on different days, the day of the issue of the writs for the general election shall be deemed to be the day on which the writ for the periodic Council election is issued.(5) For the purposes of this Act, where the days for the return of the writs for a general election are different, the day for the return of the writs shall be deemed to be the day for the return of the writ for the periodic Council election.(6) A reference in this Act to the day for the return of a writ is a reference to the day specified in the writ as the day for the return of the writ.(7) A reference in this Act, in relation to a general election, to the periodic Council election is, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the periodic Council election which forms part of the general election.(8) 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,(b) is established by or under the constitution of a party, orthe thing shall be deemed to be done by, on behalf of or for the benefit of that party or the property shall be deemed to be held by that party, as the case may be.(c) has functions conferred by or under the constitution of a party,(9), (10) (Repealed)(11) Notes included in this Act do not form part of this Act.s 4: Am 1984 No 153, Sch 16; 1987 No 133, Sch 1 (1); 1989 No 34, Sch 1; 1990 No 111, Sch 3 (1); 1993 No 104, Sch 1 (1); 2001 No 34, Sch 2.12; 2006 No 68, Sch 19.6 [1]; 2007 No 27, Sch 2.15; 2008 No 43, Sch 1 [3]–[6].
Part 2 The Election Funding Authority
5 Constitution of the Authority
There is hereby constituted a corporation under the corporate name of the “Election Funding Authority of New South Wales”.
6 Members of the Authority
The Authority shall consist of 3 members, of whom:(a) one shall be the Commissioner,(b) one shall be appointed by the Governor on the nomination of the Premier, and(c) one shall be appointed by the Governor on the nomination of the Leader of the Opposition in the Assembly.
7 Chairperson
The Commissioner shall be the Chairperson of the Authority.
8 Alternates
(1) There shall be an alternate for each appointed member.(2) The alternates shall be appointed by the Governor on the same nominations, respectively, as those required for the appointed members.(3) A member’s alternate may act as the member if the member is absent or if there is a vacancy in the office of the member.(4) An alternate, while acting as a member, shall be deemed to be a member and shall have and may exercise the functions of the member for whom he or she is the alternate.(5) No person shall be concerned to inquire whether or not any occasion has arisen in which a member’s alternate is authorised to act as the member, and all acts or things done or omitted by the alternate while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the member.(6) An alternate may be appointed notwithstanding any vacancy in the office of any member and, without affecting section 13, a vacancy in the office of any member does not affect the tenure of office of any alternate.
9 Eligibility for appointment
(1) A person who:(a) (Repealed)(b) is a member of the Council or Assembly or a candidate or an agent for a candidate,(c) is a member of a legislature other than the Parliament or a candidate for election as such a member,(d) is a councillor or mayor of a council, or chairperson or member of a county council, under the Local Government Act 1993 or is a candidate for election to such an office,(e) is a member of a public authority constituted by an Act,(f) is an officer of a party,(g) is a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act, oris not eligible for appointment as an appointed member or alternate.(h) is a bankrupt, is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, whose debts are subject to a composition with the person’s creditors, or whose fees and allowances would, upon the person’s appointment, be subject to an assignment for their benefit,(2) A person is not eligible for appointment as an appointed member or alternate unless:(a) the person consents to his or her nomination by instrument in writing furnished to the Minister, and(b) the person furnishes to the Minister a written statement, verified by statutory declaration, in or to the effect of the prescribed form, that the person is not ineligible for appointment by reason of any of the matters set out in subsection (1).(3) For the purposes of making an appointment referred to in subsection (1), and the recommendation to the Governor therefor, the Governor and the Minister are entitled to rely on the information contained in the written statement referred to in subsection (2) and furnished by the appointee.s 9: Am 1991 No 17, Sch 1; 1995 No 11, Sch 1.37 [1].
10 Duty of Minister with respect to appointments
(1) The Minister shall, as far as practicable, request the appropriate nominations and make the appropriate recommendations to the Governor in sufficient time so as to ensure that:(a) the appointment of appointed members and alternates is, as far as practicable, made within the period of 6 months after the day for the return of the writs for each general election, and(b) the appointment of a person to fill a vacancy under section 14 is made as soon as practicable after the vacancy occurs.(2) Where a person has been duly nominated for appointment pursuant to this Part, the Minister shall recommend the person’s appointment to the Governor, unless the person nominated is not eligible for appointment.
11 Provisions relating to nominations
Where a nomination of a person for appointment pursuant to this Part is not submitted within 14 days of a request therefor made by the Minister, or in the manner specified by the Minister, by order in writing to the person entitled to make the nomination, the Governor may make the appointment in the absence of the nomination, and the person so appointed shall hold office as if the person had been duly nominated.
12 Term of office of appointed members and alternates
(1) An appointed member or alternate shall, subject to this Act, hold office:(a) from the end of the period of 6 months commencing on and including the day for the return of the writs for the previous general election, and(b) until the end of the period of 6 months commencing on and including the day for the return of the writs for the next general election.(2) Nothing in subsection (1) prevents an appointment being made under this Act after the period referred to in subsection (1) (a) has commenced, and an appointment, if so made, takes effect from the date it is made and not from the commencement of that period.(3) This section does not affect the appointment of persons to fill vacancies, as referred to in section 14.(4) An appointed member or alternate is, if otherwise qualified, eligible for re-appointment.
13 Vacation of office
(1) An appointed member or alternate shall be deemed to have vacated office:(a) if the appointed member or alternate dies,(b) if the appointed member or alternate is absent from 2 consecutive meetings of the Authority of which reasonable notice has been given to him or her personally or in the ordinary course of post, unless:(i) in the case of an appointed member—his or her alternate was present at either or both of those meetings, or(ii) in the case of an alternate—the member for whom he or she is the alternate was present at either or both of those meetings,(c) if the appointed member or alternate becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her estate, remuneration, fees or allowances for their benefit,(d) if the appointed member or alternate becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(e) if the appointed member or alternate is convicted in New South Wales of a crime or offence which is punishable by imprisonment for a period of 12 months or more, or if the appointed member or alternate is convicted elsewhere than in New South Wales of a crime or offence which if committed in New South Wales would be a crime or offence so punishable,(f) if the appointed member or alternate resigns his or her office by instrument in writing addressed to the Minister,(g) if the appointed member or alternate becomes a member of the Council or Assembly or a candidate or an agent for a candidate,(h) if the appointed member or alternate becomes a member of a legislature other than the Parliament or a candidate for election as such a member,(i) if the member or alternate becomes a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or is a candidate for election to such an office,(j) if the appointed member or alternate becomes a member of a public authority constituted by an Act,(k) if the appointed member or alternate becomes an officer of a party,(l) if there is a vacancy in any other office (other than Chairperson) under this Part (whether of appointed member or alternate) and the vacancy exists at any time during the period commencing on and including the date for the return of the writs for the next general election held after the commencement of the term of office of the members determined in accordance with section 12 (1) and ending on the expiration of that term of office so determined, or(m) if:(i) in the case of an appointed member—he or she is appointed as an alternate, or(ii) in the case of an alternate—he or she is appointed as an appointed member.(n) (Repealed)(2) Section 21AB (3) of the Parliamentary Electorates and Elections Act 1912 applies to and in respect of each appointed member and alternate in the same way as it applies to and in respect of the Commissioner.(3) Section 47 (1) (b) of the Interpretation Act 1987 does not apply to, or to the office of, an appointed member or alternate.s 13: Am 1987 No 48, Sch 32; 1991 No 17, Sch 1; 1995 No 11, Sch 1.37 [2]; 2006 No 68, Sch 19.6 [2].
14 Filling of casual vacancies
(1) On the occurrence of a vacancy in the office of an appointed member or alternate, otherwise than by the expiration of his or her term of office, a person shall be appointed by the Governor, on the same nomination as that required for the former appointee, to hold office for the balance of the former appointee’s term of office.(2) A person may not be appointed to fill a vacancy under this section if the person was a candidate at any election held during the former appointee’s term of office.
15 Meetings of the Authority
(1) The procedure for the calling of meetings of the Authority and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Authority.(2) The Chairperson shall preside at all meetings of the Authority, and a meeting of the Authority shall not be held or continued unless the Chairperson is present at the meeting.(3) The Chairperson and one other member shall form a quorum at any meeting of the Authority, and any duly convened meeting of the Authority at which such a quorum is present shall be competent to transact any business of the Authority and shall have and may exercise all the functions of the Authority.(4) Meetings of the Authority shall be convened by the Chairperson, who shall give each appointed member and alternate at least 48 hours’ notice of each meeting.(5) Notwithstanding subsection (4), a meeting of the Authority may be held with less than 48 hours’ notice if the Chairperson and each appointed member or his or her alternate agree to its being held.(6) For the purposes of this section, an appointed member or alternate shall be deemed to have been given notice of a meeting if the notice is sent to that member’s or alternate’s usual place of abode or business.(7) The Authority shall hold at least 2 meetings in each year ending 31 December.
16 Acting Chairperson
(1) The Governor may appoint an officer of the Public Service to act in the office of Chairperson while the Chairperson is absent from duty through illness or for any other cause or while there is a vacancy in the office of the Chairperson.(2) A person appointed under subsection (1) may not act as Chairperson if there is a person who is appointed to act as Commissioner and who is available to exercise his or her functions as Chairperson.(3) A person appointed under this section, while acting as Chairperson, shall be deemed to be the Chairperson and shall have and may exercise the functions of the Chairperson.(4) No person shall be concerned to inquire whether or not any occasion has arisen in which a person appointed under this section is authorised to act as Chairperson, and all acts or things done or omitted by the person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the Chairperson.
17 Voting
(1) A decision supported by a majority of the votes of the members present and voting at a meeting of the Authority shall be the decision of the Authority.(2) In the event of an equality of votes in relation to a matter at a meeting of the Authority, the matter shall be adjourned to another meeting of the Authority.(3) If at the meeting to which a matter was adjourned under subsection (2) there is still an equality of votes in relation to the adjourned matter, the Chairperson shall have in addition to a deliberative vote a second or casting vote in relation to that matter.
18 Minutes
The Authority shall cause full and accurate minutes to be kept of its proceedings at meetings.
19 Fees and allowances
(1) An appointed member or alternate is entitled to be paid such fees and allowances as the Minister may from time to time determine.(2) The fees and allowances determined under this section shall be payable at the same rate for both appointed members and for both alternates.
20 Public Service Act 1979 not to apply
The Public Service Act 1979 does not apply to or in respect of the appointment of any person as a member or alternate, and a person is not, in his or her capacity as a member or alternate, subject to that Act.
21 Members not personally liable
No matter or thing done by the Authority, and no matter or thing done by any member or by another person acting under the direction of or as delegate of the Authority, shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act conferring or imposing functions on the Authority, subject the member or person personally to any action, liability, claim or demand.
Part 3 Responsibilities of the Authority
22 General functions
(1) The Authority shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.(2) It is the duty of the Authority to exercise its functions under this Act in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons, bodies or organisations.(3) The Authority cannot employ any staff.Note—Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.s 22: Am 2006 No 2, Sch 4.15 [1].
23 Particular functions
Without affecting the generality of section 22, the Authority has the responsibility of dealing with:(a) applications for registration under Part 4, and(b) claims for payments under Part 5, and(c) disclosures of political donations and electoral expenditure under Part 6, and(d) claims for payments under Part 6A.s 23: Am 1993 No 104, Sch 1 (2); 2008 No 43, Sch 1 [7].
24 Guidelines
(1) The Authority may, from time to time, determine and issue guidelines, not inconsistent with this Act or the regulations, for or with respect to any matters dealt with in this Act (except this Part and Part 2).(2) In the operation and application of this Act (except this Part and Part 2), regard shall be had not only to the provisions of this Act and the regulations but also to the guidelines determined under subsection (1), and in particular, the Authority shall have regard to those guidelines when dealing with applications, claims and disclosures referred to in section 23.s 24: Am 2008 No 43, Sch 1 [8].
25 Research
The Authority may carry out, or arrange for the carrying out of, such research into election funding, political donations, electoral expenditure and other matters to which this Act relates as the Authority thinks appropriate and may publish the results of any such research.s 25: Am 2008 No 43, Sch 1 [9].
Part 4 Registration
Division 1 Preliminary
pt 4, div 1: Rep 1990 No 111, Sch 3 (2). Ins 2008 No 43, Sch 1 [10].
26 Application to registration for State and local government elections
This Part applies to the registration of candidates, groups and agents for State elections and local government elections.s 26: Am 1987 No 133, Sch 1 (2). Rep 1990 No 111, Sch 3 (2). Ins 2008 No 43, Sch 1 [10].
27 Qualification of persons to be appointed as party or official agents
(1) The following persons are not qualified to be appointed as party agents or official agents:(a) a corporation,(b) a person who is not enrolled to vote at State elections,(c) a person who has been convicted of an indictable offence, an offence against this Act, an offence involving dishonesty or an electoral offence,(d) a person whom the Authority determines is not a fit and proper person to be such an agent,(e) a person who has not completed the training prescribed by the regulations for appointment as such an agent (unless the person is of a class of persons recognised by the regulations as a person eligible for appointment without further training).(2) A person may be appointed as the official agent of more than one candidate or group.(3) The Authority may cancel the registration under this Part of a person as a party agent or an official agent if the person is no longer qualified to be appointed as such an agent.s 27: Rep 1990 No 111, Sch 3 (2). Ins 2008 No 43, Sch 1 [10].
28–30 (Repealed)
s 28: Am 1987 No 133, Sch 1 (3). Rep 1990 No 111, Sch 3 (2).
s 29: Am 1987 No 133, Sch 1 (4). Rep 1990 No 111, Sch 3 (2).
s 30: Am 1987 No 133, Sch 1 (5). Rep 1990 No 111, Sch 3 (2).
Division 2 Register of Candidates
31 Register of Candidates to be kept
(1) The Authority shall keep a register, to be called the Register of Candidates, for each general election.(1A) The Authority is to keep separate Registers of Candidates for State and local government elections. The register for State elections may be called the State Register of Candidates and the register for local government elections may be called the Local Government Register of Candidates.(2) The Register of Candidates for a general election shall be kept as from the polling day for the previous general election.(3) Subject to this Act, the Register of Candidates shall be kept in such form and manner as the Authority thinks fit.s 31: Am 2008 No 43, Sch 1 [11].
32 Registration
(1) Registration of a candidate shall be effected by the insertion in the Register of Candidates of the name of the candidate.(2) Registration of a group of candidates shall be effected by the insertion in the Register of Candidates, in relation to candidates registered therein, of an indication that the candidates form a group.(3) There shall be included in the Register of Candidates:(a) such particulars with respect to a candidate or group registered in the Register as are required to be included in the application for registration of the candidate or group,(b) particulars of the platform or objectives of the candidate or group, if the candidate or group requests the Authority to include those particulars, and(c) such other particulars as the Authority thinks fit.
33 Applications for registration of candidates
(1) Subject to this Act, the Authority shall register a person as a candidate in the Register of Candidates for a general election if:(a) application for registration is made by the person or the person’s official agent in the form and manner approved by the Authority, and(b) the application is received by the Authority on or before the day of nomination for the general election and after the polling day for the previous general election.(2) An application for registration of a candidate shall set out the following particulars:(a) the full name and address of the candidate,(b) the candidate’s party or group affiliation (if any),(c) in the case of a State election, the House of Parliament for which the candidate is a candidate,(c1) in the case of a local government election, the council for which the candidate is a candidate,(d) the address of the candidate’s campaign headquarters in New South Wales, and(e) such other particulars as may be prescribed.s 33: Am 2008 No 43, Sch 1 [12] [13].
34 Application for registration of groups
(1) Subject to this Act, the Authority shall register a group of candidates in the Register of Candidates for a general election if:(a) application for registration is made by the candidates or their official agents, or by the official agent for the group, in the form and manner approved by the Authority, and(b) the application is received by the Authority on or before the day of nomination for the general election and after the polling day for the previous general election.(2) An application for the registration of a group of candidates shall set out the following particulars:(a) the full name (if any) of or used or to be used by the group,(b) the full names of the candidates, and(c) such other particulars as may be prescribed.
35 Lodging of applications
(1) An application for registration in the Register of Candidates may be lodged with an election official designated by the Authority or with the Authority.(2) An application lodged with an election official shall be deemed to have been received by the Authority.(3) An election official with whom an application for registration in the Register of Candidates is lodged shall forthwith forward the application to the Authority.s 35: Am 2006 No 68, Sch 19.6 [3] [4]; 2008 No 43, Sch 1 [14] [15].
36 Refusal to register candidates
(1) The Authority shall not register a candidate in the Register of Candidates for a general election if the application for registration of the candidate was received by the Authority after the day of nomination for the general election.(2) The Authority may refuse to register a candidate if the Authority believes on reasonable grounds that any particulars in the application for registration of the candidate are incomplete or not correct, but may, if it thinks fit, register the candidate notwithstanding any such defect.(3) Where, pursuant to subsection (2), the Authority refuses to register a candidate:(a) the Authority shall forthwith notify the candidate’s official agent of the refusal and of the reasons for the refusal,(b) the official agent may, within 30 days after the date of the notification by the Authority, amend the application for registration by substituting the relevant particulars, and(c) the amended application shall be deemed to have been received by the Authority when the original application was received by it.
37 Refusal to register groups
(1) The Authority shall not register a group in the Register of Candidates for a general election if the application for registration of the group was received by the Authority after the day of nomination for the general election.(2) The Authority may refuse to register a group if the Authority believes on reasonable grounds that any particulars in the application for registration of the group are incomplete or not correct, but may, if it thinks fit, register the group notwithstanding any such defect.(3) Where, pursuant to subsection (2), the Authority refuses to register a group:(a) the Authority shall forthwith notify the group’s official agent of the refusal and of the reasons for the refusal,(b) the official agent may, within 30 days after the date of the notification by the Authority, amend the application for registration by inserting or substituting the relevant particulars, and(c) the amended application shall be deemed to have been received by the Authority when the original application was received by it.(4) The Authority may refuse to register a group if, in the opinion of the Authority, the name of the group is obscene or offensive.(5) Where, pursuant to subsection (4), the Authority refuses to register a group:(a) the Authority shall forthwith notify the group’s official agent of the refusal and of the reasons for the refusal,(b) the official agent may, within 30 days after the date of the notification by the Authority, amend the application for registration by substituting the name of the group, and(c) the amended application shall be deemed to have been received by the Authority when the original application was received by it.
38 Amendment of Register
(1) Where an alteration is made in any of the particulars as stated in the Register of Candidates in relation to a candidate or group, being particulars of the kind required to be stated in the application for registration of the candidate or group, the candidate’s or group’s official agent shall, within 30 days after the date of the alteration, furnish the Authority with a statement in writing setting out details of the alteration.Maximum penalty: 2 penalty units.(2) Where the Authority believes on reasonable grounds that a candidate’s or group’s official agent has not furnished the Authority with a statement setting out details of any alteration, as referred to in subsection (1), the Authority may, by notice in writing served on the official agent, require the official agent to furnish such a statement before the date specified in the notice, or before the date of expiry of the period of 30 days after service of the notice, whichever is later.(3) If a candidate’s or group’s official agent fails to furnish a statement in accordance with subsection (2), the Authority may cancel the registration of the candidate or group.(4) The Authority shall vary the particulars set out in the Register of Candidates in relation to a candidate or group in accordance with a statement furnished in accordance with this section or in accordance with the written request of the candidate’s or group’s official agent, unless the Authority believes on reasonable grounds that the varied particulars are not correct.(5) The Authority may cancel the registration of a candidate or group at the written request of the candidate’s or group’s official agent.(6) The Authority may, of its own accord or on request, omit any particulars from the Register of Candidates if it is satisfied that the particulars are not correct.(7) The Authority may, of its own accord or on request, insert any particulars in the Register of Candidates if it is satisfied that the particulars are correct.(8) The Authority shall notify the relevant official agent of any alterations made to the Register of Candidates pursuant to this section.(9) The provisions of subsections (1)–(4) do not, if the regulations so provide, apply to particulars or alterations of a class or description specified in the regulations for the purposes of this subsection.s 38: Am 1992 No 112, Sch 1.
Division 3 Register of Party Agents
39 Register of Party Agents to be kept
(1) The Authority shall keep a register, to be called the Register of Party Agents.(1A) The Authority is to keep separate Registers of Party Agents for State and local government elections. The register for State elections may be called the State Register of Party Agents and the register for local government elections may be called the Local Government Register of Party Agents.(2) The Register of Party Agents shall be kept on a continuous basis.(3) Subject to this Act, the Register of Party Agents shall be kept in such form and manner as the Authority thinks fit.s 39: Am 2008 No 43, Sch 1 [16].
40 Registration
(1) Registration of a party agent shall be effected by the insertion in the Register of Party Agents of the name of the party agent and the name of the party by which the party agent was appointed.(2) There shall be included in the Register of Party Agents the address and occupation of each party agent, and such other particulars as the Authority thinks fit.
41 Appointment etc of party agents
(1) A party shall appoint one party agent.(2) If at any time a party does not have a party agent appointed under this section, the party agent is the person who holds office at that time as the registered officer of the party under Part 4A of the Parliamentary Electorates and Elections Act 1912 or under the Local Government Act 1993, as the case requires.(3) The appointment of a party agent may be revoked.(4) If a party agent dies or resigns, the party by which the party agent was appointed shall forthwith give notice of that fact in writing to the Authority.(5) If a party agent dies or resigns or his or her appointment is revoked, the party by which the party agent was appointed shall appoint another party agent in his or her place.(6) The appointment, or the revocation of the appointment, of a party agent shall be made by notice in writing furnished to the Authority, but does not take effect until the appropriate action has been taken under section 42.(7) A notice under this section shall be in the form approved by the Authority.(8) A notice of the appointment of a party agent shall be deemed not to have been properly given unless it is accompanied by the signed acceptance of appointment of the person appointed.(9) A person appointed to any office or position under the Parliamentary Electorates and Elections Act 1912 is not eligible to be a party agent.(10) If a party commits an offence against this section:(a) each person who, at the time the offence is committed, is an officer of the party is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and(b) the party is liable to a penalty not exceeding 200 penalty units.s 41: Am 1992 No 112, Sch 1; 2008 No 43, Sch 1 [17].
42 Entries in the Register
(1) On receipt of a notice of the appointment of a party agent furnished under section 41, the Authority shall register the party agent in the Register of Party Agents.(2) On receipt of a notice furnished under section 41 of the death or resignation, or the revocation of the appointment, of a party agent, the Authority shall remove the name of the party agent from the Register of Party Agents.(3) The Authority may reject a notice referred to in subsection (1) or (2) if, in its opinion, the notice is not in accordance with this Act.
43 Amendment of Register
The Authority may amend the Register of Party Agents by:(a) correcting a mistake or omission, or(b) recording a change in the name, address or occupation of a party agent or a change in the name of the party by which a party agent was appointed.
Division 4 Register of Official Agents
44 Register of Official Agents to be kept
(1) The Authority shall keep a register, to be called the Register of Official Agents, for each general election.(2) The Register of Official Agents for a general election shall be kept as from the polling day for the previous general election.(3) Subject to this Act, the Register of Official Agents shall be kept in such form and manner as the Authority thinks fit.
45 Registration
(1) Registration of an official agent shall be effected by the insertion in the Register of Official Agents of the name of the official agent and the name of the candidate or group by whom the official agent was appointed.(2) There shall be included in the Register of Official Agents the address and occupation of each official agent, and such other particulars as the Authority thinks fit.
46 Appointment etc of official agents
(1) A candidate or group may appoint one official agent.Note—An appointment of an official agent is only required where the party agent or other person is not the ex-officio agent (see definition of “official agent” in section 4). A candidate or group that does not have an official agent cannot be paid any election funding payment due under Part 5 (see section 77 (1)) and cannot accept political donations under Part 6 (see section 96A).(2) (Repealed)(3) The appointment of an official agent may be revoked.(4) If an official agent dies or resigns, the candidate or group by whom the official agent was appointed shall forthwith give notice of that fact in writing to the Authority.(5) If an official agent dies or resigns or his or her appointment is revoked, the candidate or group by whom the official agent was appointed may appoint another official agent in his or her place.(6) The appointment, or the revocation of the appointment, of an official agent shall be made by notice in writing to the Authority.(7) A notice under this section shall be in the form approved by the Authority.(8) A notice of the appointment of an official agent shall be deemed not to have been properly given unless it is accompanied by the signed acceptance of appointment of the person appointed.(9) A person appointed to any office or position under the Parliamentary Electorates and Elections Act 1912 is not eligible to be an official agent.s 46: Am 2008 No 43, Sch 1 [18] [19].
47 Entries in the Register
(1) On receipt of a notice of the appointment of an official agent furnished under section 46, the Authority shall register the official agent in the Register of Official Agents.(2) On receipt of a notice furnished under section 46 of the death or resignation, or the revocation of the appointment, of an official agent, the Authority shall remove the name of the official agent from the Register of Official Agents.(3) The Authority may reject a notice referred to in subsection (1) or (2) if, in its opinion, the notice is not in accordance with this Act.(4) The Authority may include in the Register of Official Agents particulars of the persons who are official agents because of the office they hold and not because of an appointment under this Division.s 47: Am 2008 No 43, Sch 1 [20].
48 Amendment of Register
The Authority may amend the Register of Official Agents by:(a) correcting a mistake or omission, or(b) recording a change in the name, address or occupation of an official agent or, in the case of an official agent appointed by a group, a change in the composition or name of the group.
49 Where there is no official agent for a candidate or group
(1A) This section applies only to candidates, or all candidates in a group, who are authorised under section 96A to accept political donations and incur electoral expenditure without a campaign account under section 96B.(1) At any time:(a) before a candidate appoints an official agent under section 46 (1), orthe candidate shall be deemed to be his or her own official agent, and references in this Act to an official agent shall be construed accordingly.(b) after the official agent of a candidate has died or resigned or his or her appointment has been revoked and before the group appoints another official agent,(2) At any time:(a) before a group appoints an official agent under section 46 (1), orthe candidate whose name first appears on the list of members of the group shall be deemed to be the official agent of the group, and references in this Act to an official agent shall be construed accordingly.(b) after the official agent of a group has died or resigned or his or her appointment has been revoked and before the group appoints another official agent,s 49: Am 2008 No 43, Sch 1 [21].
Division 5 Registers for by-elections
50 Application of this Division
This Division applies to and in respect of each by-election (referred to in this Division as the by-election) at which there are 2 or more candidates for election.
51 Registers for by-elections
(1) The Authority shall keep 2 registers, to be called the Register of Candidates and the Register of Official Agents respectively, for the by-election.(2) The registers are to be kept as from:(a) in the case of a State election—the day of the issue of the writ for the by-election, or(b) in the case of a local government election—the day for the close of the roll of electors for the by-election.(3) Subject to this Act, the registers shall be kept in such form and manner as the Authority thinks fit.(4) The provisions of:(a) sections 31 (1A), 32, 33, 34, 35, 36, 37 and 38 apply to and in respect of the Register of Candidates for the by-election in the same way as they apply to and in respect of the Register of Candidates to be kept for a general election, andand so apply as if:(b) sections 45, 46, 47, 48 and 49 apply to and in respect of the Register of Official Agents for the by-election in the same way as they apply to and in respect of the Register of Official Agents to be kept for a general election,(c) in the case of a State election, references to groups were omitted,(d) references to a general election were references to the by-election, and(e) any other necessary adaptations were made.s 51: Am 2008 No 43, Sch 1 [22]–[24].
Division 6 General
52 Public access to registers
(1) Copies of each register kept under this Part shall be retained by the Authority and be available for public inspection during ordinary office hours.(2) (Repealed)s 52: Am 2008 No 43, Sch 1 [25].
53 Statutory declarations
The Authority may require any particulars in an application or notice under this Part to be verified by statutory declaration.
54 False statements
A person who, in any application or statement made or furnished under this Part, makes a statement that is false or misleading in a material particular, knowing it to be false or not reasonably believing it to be true, is guilty of an offence and liable to a penalty not exceeding 100 penalty units.s 54: Am 1992 No 112, Sch 1.
Part 5 Public funding of election campaigns
Division 1 Preliminary
54A Application to State elections only
(1) This Part does not apply to or in relation to local government elections.(2) Accordingly, a reference in this Part to an election, general election or by-election is a reference that relates to a State election.s 54A: Ins 2008 No 43, Sch 1 [26].
55 Election campaign expenditure
(1) For the purposes of this Part, a reference to expenditure for election campaign purposes:(a) includes a reference to:(i) expenditure for goods and services for those purposes,(ii) expenditure for election campaign preparation purposes, and(iii) expenditure incurred in respect of the audit of the relevant claim for payment under this Part and of the declaration lodged under Part 6 in respect of the period ending on the polling day for the election (in each case not exceeding $200 or such other amount as may be prescribed), and(b) does not include a reference to:(i) expenditure incurred substantially in respect of an election for a legislature other than the Parliament,(ii) expenditure incurred substantially in respect of an election held before that in respect of which the relevant application for payment under this Part is made, or(iii) expenditure of a prescribed class or description.(2) The decision of the Authority as to whether any expenditure is or is not expenditure for election campaign purposes in accordance with this Act, the regulations and the guidelines determined under section 24 is final.(3) The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on any decision of the Authority referred to in subsection (2).
Division 2 Constitution of the funds
56 Creation of the funds
(1) For each general election, there shall be a Central Fund and a Constituency Fund, to be kept by the Authority.(2) The funds shall be credited and distributed in accordance with this Act.
57 Determination of credits to funds
(1) The amounts to be credited to the funds for a general election shall be determined by the Authority as soon as possible after 6 pm on the day of the issue of the writs for the general election.(2) The amounts to be credited, in the aggregate, to the funds for a general election are to be determined in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g1.gif)
where:A represents the aggregate amount (in dollars) to be credited to the funds.E represents the total number of electors enrolled for all electoral districts as at 6 pm on the day of the issue of the writs for the general election.N represents:(a) the number of months between the day for the return of the writs for the general election and the day for the return of the writs for the previous general election (both days inclusive), any fraction of a month being treated as one month, orwhichever is less.(b) 48,M represents the amount (in cents) of the monetary unit.(3) For the purposes of subsection (2), the monetary unit for:(a) the first general election to which this Act applies shall be 22 cents, and(b) any subsequent general election shall be that amount as adjusted in accordance with Schedule 1, determined by the Authority as at the day of the issue of the writs for the general election or 22 cents, whichever is greater.s 57: Am 1988 No 131, Sch 7 (1); 1990 No 111, Sch 3 (3); 1999 No 53, Sch 1.
Division 3 The Central Fund
58 Credits to the Central Fund
Of the total amount determined in accordance with section 57, two-thirds shall be credited to the Central Fund, any fraction of a dollar being disregarded.
59 General entitlements of parties
(1) Parties are, subject to and in accordance with this Act, eligible for payments from the Central Fund.(2) A party is eligible to participate in the distribution of the Central Fund for a general election if:(a) it is a registered party as at the polling day for the general election,(a1) (Repealed)(b) it endorses a group for the periodic Council election,(c) the group is entered on the ballot-papers for the election under section 83B of the Parliamentary Electorates and Elections Act 1912,(d) the Authority is satisfied that the members of the group claim to be endorsed by the party, and(e) either or both of the following occur:(i) at least one of the members of the group is elected at the periodic Council election, or(ii) the total number of first preference votes polled in favour of the members of the group at the periodic Council election is at least 4 per cent of the total number of first preference votes polled in the election.(3) Where the Authority is satisfied that 2 or more registered parties endorse a group for a periodic Council election and that the members of the group each claim to be endorsed by those parties:(a) those parties shall, for the purposes of the application of sections 62 and 63 to and in respect of the general election concerned, be deemed, in relation to that group, to constitute one registered party instead of 2 or more registered parties,(b) the amount calculated in accordance with this Part as being payable from the Central Fund for the general election to the party so deemed to be constituted shall not be so payable, but shall instead be payable from that fund to those 2 or more registered parties in:(i) equal shares, or(ii) such other shares as the party agents of those parties agree upon in relation to that general election and as are specified in a direction in writing signed by them and served on the Authority, and(c) no amounts, other than those payable by virtue of this subsection, are payable from that fund to those 2 or more registered parties in respect of that general election.(4) If a registered party would, but for this subsection, be entitled to be paid 2 or more amounts by virtue of subsection (3), the party is entitled to be paid only one of those amounts, being an amount that is not smaller than any other of those amounts.(5) A direction referred to in subsection (3) (b) (ii) remains effective until revoked by the party agents of the parties concerned and notice in writing of the revocation is served on the Authority.(6) In a case where a part only of a group is endorsed by a party, the references in subsection (2) (c) and (e) to “the group” shall be construed as references to the whole group in which the part is included.s 59: Am 1981 No 98, Sch 1; 1987 No 133, Sch 1 (6); 1990 No 111, Sch 3 (4); 1991 No 13, Sch 1 (2); 2008 No 43, Sch 1 [27].
60 General entitlements of independent groups in Council elections
(1) Groups of candidates who have been nominated for election to the Council are, subject to and in accordance with this Act, eligible for payments from the Central Fund.(2) A group is eligible to participate in the distribution of the Central Fund for a general election if:(a) it is registered as a group in the Register of Candidates for the general election as at the polling day for the election,(b) the group is entered on the ballot-papers for the periodic Council election under section 83B of the Parliamentary Electorates and Elections Act 1912,(c) the Authority is satisfied that the candidates in the group are not endorsed by any party, and(d) either or both of the following occur:(i) at least one of the members of the group is elected at the periodic Council election, or(ii) the total number of first preference votes polled in favour of the members of the group at the periodic Council election is at least 4 per cent of the total number of first preference votes polled in the election.s 60: Am 1990 No 111, Sch 3 (5); 1991 No 13, Sch 1 (3).
61 General entitlements of independent candidates in Council elections
(1) Candidates who have been nominated for election to the Council are, subject to and in accordance with this Act, eligible for payments from the Central Fund.(2) A candidate nominated for election to the Council is eligible to participate in the distribution of the Central Fund for a general election if:(a) the candidate is registered as such a candidate in the Register of Candidates for the general election as at the polling day for the election,(b) the Authority is satisfied that the candidate does not claim to be endorsed by any party and that the candidate is not a member of a registered group claiming payment under this Part, and(c) either or both of the following occur:(i) the candidate is elected at the periodic Council election, or(ii) the total number of first preference votes polled in favour of the candidate at the periodic Council election is at least 4 per cent of the total number of first preference votes polled in the election.s 61: Am 1990 No 111, Sch 3 (6); 1991 No 13, Sch 1 (4).
62 Formula for the distribution of the Central Fund
The Central Fund for a general election shall be distributed in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g2.gif)
where:P represents the amount (in dollars) payable to a party, group or candidate eligible to participate in the distribution of the Central Fund,F represents the amount (in dollars) standing to the credit of the Central Fund,PV represents the primary votes of the party, group or candidate, andTEV represents the total primary votes of all parties, groups and candidates eligible to participate in the distribution of the Central Fund.
63 Maximum amounts payable
(1) Notwithstanding anything in this Act:(a) no one registered party, group or candidate may receive from the Central Fund more than one-half of the amount credited to the Central Fund, and(b) a registered party, group or candidate may not receive from the Central Fund an amount that exceeds the amount that bears to the amount credited to the Central Fund the same proportion as the primary votes of the party, group or candidate bear to the total primary votes of:(i) all parties, groups and candidates eligible to participate in the distribution of the Central Fund, and(ii) all parties, groups and candidates who would be so eligible but for the operation of section 59 (2) (a), 60 (2) (a) or 61 (2) (a).(2) Any surplus amounts arising from the operation of subsection (1) shall not be available for distribution.
Division 4 The Constituency Fund
64 Credits to the Constituency Fund
Of the total amount determined in accordance with section 57, one-third shall be credited to the Constituency Fund, any fraction of a dollar being disregarded.
65 General entitlements of candidates in Assembly elections
(1) Candidates who have been nominated for election to the Assembly are, subject to and in accordance with this Act, eligible for payments from the Constituency Fund.(2) A candidate is eligible to participate in the distribution of the Constituency Fund for a general election if:(a) the candidate is registered as a candidate for election to the Assembly in the Register of Candidates for the general election as at the polling day for the election, and(b) either or both of the following occur:(i) the candidate is elected at the election, or(ii) the total number of first preference votes polled in favour of the candidate at the election is at least 4 per cent of the total number of first preference votes polled in favour of all candidates for election for the electoral district concerned.s 65: Am 1990 No 111, Sch 3 (7); 1991 No 13, Sch 1 (5).
66 Constituency Fund to be divided among electoral districts
(1) The amount standing to the credit of the Constituency Fund for a general election shall be divided by the number of electoral districts for which there are 2 or more candidates for election (as referred to in section 81 of the Parliamentary Electorates and Elections Act 1912), any fraction of a dollar being disregarded.(2) The amount ascertained in accordance with subsection (1) shall, subject to and in accordance with this Act, be available for distribution in respect of each electoral district referred to in that subsection.
67 Formula for the distribution of the Constituency Fund
The Constituency Fund for a general election shall be distributed in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g3.gif)
where:C represents the amount (in dollars) payable to a candidate who has been nominated for election for an electoral district at the general election,F represents the amount (in dollars) available for distribution in respect of the electoral district,CV represents the primary votes of the candidate, andTEV represents the total primary votes of all candidates for election for the electoral district eligible to participate in the distribution of that amount.
68 Maximum amounts payable
(1) Notwithstanding anything in this Act:(a) no one candidate for election for an electoral district may receive from the Constituency Fund more than one-half of the amount available for distribution in respect of the electoral district, and(b) a candidate for election for an electoral district may not receive from the Constituency Fund an amount that exceeds the amount that bears to the amount available for distribution in respect of the electoral district the same proportion as the primary votes of the candidate bear to the total primary votes of:(i) all candidates for election for the electoral district eligible to participate in the distribution of the amount available for distribution in respect of the electoral district, and(ii) all candidates for election for the electoral district who would be so eligible but for the operation of section 65 (2) (a).(2) Any surplus amounts arising from the operation of subsection (1) shall not be available for distribution.(3) Subsection (1) applies to a payment to a candidate even though the candidate has directed that the payment be made to a party under section 76A.s 68: Am 2002 No 101, Sch 1 [1].
Division 5 Advance payments
69 Entitlements to advance payments
(1) A party is, subject to and in accordance with this Act, eligible for the payment, as an advance payment for expenditure incurred for election campaign purposes for a general election, of an amount, ascertained in accordance with subsection (2), for each of the first 3 complete years after the day for the return of the writs for the previous general election.(2) The amount payable, by way of advance payment, for a complete year after the day for the return of the writs for the previous general election is an amount equal to 10 per cent of the total amount to which the party was entitled under this Part for that previous general election.(3) For the purposes of subsection (2), the total amount to which a party was entitled under this Part does not include any amount payable to the party under section 76A.(4) The amount payable for a year under this section may be paid, as a lump sum or by way of instalments, at any time after the expiration of that year, but before the polling day for the general election to which the payment relates.(5) A party is not eligible for any advance payments under this section for a general election if it is not a registered party as at the polling day for the election.s 69: Am 1990 No 111, Sch 3 (8); 1991 No 13, Sch 1 (6); 2002 No 101, Sch 1 [2].
70 Advance payments to be deducted from other entitlements
Any amount paid to a party by way of advance payment for a general election shall be deducted from the amount payable to the party from the Central Fund for that election.
71 Overpayments
(1) Where a party receives amounts by way of advance payments under this Division in respect of a general election in excess of the amount (if any) to which it becomes entitled from the Central Fund for the general election, the amount of the excess shall be repaid to the Authority within 60 days after the day for the return of the writs for the periodic Council election that forms part of the general election.(2) The amount of any excess referred to in subsection (1) may be recovered by the Authority as a debt in any court of competent jurisdiction.
71A Recovery of advance payments
(1) Any amount received by a party by way of advance payments under this Division in respect of a general election must be repaid, on demand by the Authority, to the Authority if:(a) the party does not contest the Assembly general election that forms part of the general election, or(b) before the polling day for the general election, the party ceases to operate or it has, or is being, dissolved or wound up.(2) Any such amount required to be repaid may be recovered by the Authority as a debt in any court of competent jurisdiction.s 71A: Ins 1993 No 104, Sch 1 (3).
Division 6 Funds for by-elections
72 Application of this Division
This Division applies to and in respect of each by-election (referred to in this Division as the by-election) at which there are 2 or more candidates for election.
73 By-election Constituency Fund
(1) There shall be a By-election Constituency Fund for the by-election.(2) The amount to be credited to the fund shall be determined by the Authority as soon as possible after 6 pm on the day of the issue of the writ for the by-election.(3) The amount to be credited to the fund shall be determined in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g4.gif)
where:A represents the total amount (in dollars) to be credited to the fund,E represents the total number of electors enrolled for the electoral district concerned as at 6 pm on the day of the issue of the writ for the by-election, andM represents the amount (in cents) of the monetary unit.(4) For the purposes of subsection (3), the monetary unit shall be the amount that would, had the by-election been a general election, have been the monetary unit for that general election.(5) The amount to be credited to the fund in accordance with this section shall, subject to and in accordance with this Act, be available for distribution among the candidates at the by-election.(6) The provisions of sections 65, 67 and 68 apply to and in respect of the fund in the same way as they apply to and in respect of the Constituency Fund to be kept for a general election, and so apply as if:(a) references to a general election were references to the by-election, and(b) any other necessary adaptations were made.s 73: Am 1982 No 48, sec 3; 1988 No 131, Sch 7 (2); 1990 No 111, Sch 3 (9).
73A Entitlement of parties at by-elections
(1) Parties are, subject to and in accordance with this Act, eligible for payment from the By-election Constituency Fund for a by-election.(2) A party is eligible to participate in the distribution of the fund if:(a) it was a registered party as at the polling day for the by-election, and(b) the Authority is satisfied that a candidate for the by-election claims to be endorsed by the party (and by no other party), and(c) either or both of the following occur:(i) the candidate is elected at the by-election, or(ii) the total number of first preference votes polled in favour of the candidate at the by-election is at least 4 per cent of the total number of first preference votes polled in favour of all candidates for election for the electoral district concerned.(3) The amount that a party is eligible to receive under this section is however limited to the maximum amount that is available for distribution to the candidate endorsed by the party. That maximum amount is determined under the provisions referred to in section 73 (6).(4) If the amounts payable to the candidate and the party endorsing the candidate together would exceed that maximum amount, those amounts are to be reduced proportionately, so that they together equal (as closely as possible) that maximum amount.s 73A: Ins 1991 No 13, Sch 1 (7).
Division 7 General
74 Claims for, and approvals of, payments
(1) Subject to this Act, a claim for payment under this Part to a party, group or candidate shall be lodged with the Authority before the expiration of 120 days after the day for the return of the writs for the periodic Council election or, in the case of a by-election, before the expiration of 120 days after the day for the return of the writ for the by-election.(1A) Without affecting the generality of section 106, that section operates to enable the Authority, in accordance with that section, to extend the time for lodging a claim under subsection (1).(2) Subject to this Act, the Authority shall:(a) approve the making of a payment under this Part to a party, group or candidate if:(i) a claim for the payment is made by the party or official agent for the party, group or candidate in the form and manner approved by the Authority,(ii) the claim is audited by an auditor, and(iii) the Authority is satisfied that the party, group or candidate is eligible for the payment, and(b) refuse to approve the making of a payment under this Part to the extent that the payment would exceed the amount of expenditure incurred for election campaign purposes.(3) In assessing a claim for payment under this Part, the Authority may require the applicant to provide the Authority with further or other information relative to the assessment.(4) Where the Authority is satisfied that it is proper to do so, it may disallow, wholly or in part, any items of expenditure covered by a claim under this Part.(5) Where an amount payable under this Part would include a fraction of a dollar, the Authority may round off the amount in such manner as it thinks fit, and the amount as so rounded off shall be the amount payable.(6) For the purposes of subsection (2) (b), an amount of expenditure incurred for election campaign purposes 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 benefit of the candidate or for the benefit of the candidate and other candidates endorsed by the party at the election, and(b) invoiced by that party to the candidate for payment.(7) For the purposes of subsection (6), a payment is to be made under this Part even if:(a) the electoral expenditure incurred by the registered party was not incurred as an agent for the candidate, and(b) the candidate had no legal liability to pay to the party the amount of electoral expenditure invoiced.s 74: Am 1984 No 35, sec 2; 1994 No 95, Sch 1; 2006 No 75, Sch 1 [1]; 2008 No 43, Sch 1 [28].
75 Audit of claim
A claim under this Part shall be deemed not to be validly lodged with the Authority unless it is accompanied by a certificate of an auditor stating:(a) that the auditor was given full and free access at all reasonable times to all accounts, records, documents and papers of the agent by whom the claim is to be lodged, and of the party, group or candidate, as the case may require, relating directly or indirectly to the expenditure referred to in the claim,(b) that the auditor duly examined such of those accounts, records, documents and papers as the auditor considers material for the purpose of giving the certificate,(c) that the auditor received all information and explanations that the auditor asked for with respect to the expenditure referred to in the claim, subject to the qualifications (if any) specified in the certificate,(d) that the auditor is satisfied that, from the information available to the auditor, the expenditure specified in the claim was incurred and is, having regard to this Act, the regulations and the guidelines determined under section 24, expenditure which may properly be the subject of such a claim, and(e) that the auditor has no reason to think that any statement in the claim is not correct.
76 Expenditure to be vouched for
A claim under this Part shall be deemed not to be validly lodged with the Authority unless all expenditure specified in the claim is vouched for in the prescribed manner.
76A Making payments to party at direction of candidate
(1) A candidate to whom a payment is to be made under this Part for an election for an electoral district may direct the Authority to make the payment to a party that:(a) endorsed the candidate in that election, and(b) was a registered party as at the polling day for that election.(2) In that case, the party becomes entitled to the payment and the payment is to be made to that party instead of to that candidate.(3) A direction under this section:(a) may be made in anticipation of an entitlement to a payment under this Part, and(b) is required to be made in writing, and(c) may be revoked by the candidate by notice to the Authority given with the written consent of the party agent of the party.s 76A: Ins 2002 No 101, Sch 1 [3]. Am 2008 No 43, Sch 1 [29].
77 Making of payments
(1) Subject to this Act, a payment to be made to a party, group or candidate under this Part shall be made to the party or official agent of the party, group or candidate.(2) The Authority may, if it thinks it proper to do so in the circumstances, direct that the whole or any part of a payment under this Part be made to a specified account with a bank, building society or credit union, being an account established by or on behalf of or in trust for or for the members of a party or group or to a specified account with a bank, building society or credit union, being an account established by or on behalf of or in trust for a candidate instead of to the party or official agent of the party, group or candidate, and payment shall be made accordingly.(2A) Despite subsections (1) and (2), payments to be made to a group or candidate are required to be paid into the campaign account of the group or candidate if such an account is required to be kept under section 96A.(3) Subject to and in accordance with the regulations, the Authority may, if it thinks it proper to do so in the circumstances, direct that the whole or any part of a payment under this Part be made to a person, body or organisation other than the party or official agent referred to in subsection (1), and payment shall be made accordingly.(4) Except as prescribed by the regulations, details of any direction under subsection (3) shall be included in the report of the Authority under section 107 (2) for the reporting period in which the direction was given.(5) Payments may be made under this Part to an agent subject to such reasonable conditions with respect to the disbursement of the amount paid as the Authority determines.(6) An agent shall comply with any condition determined in accordance with subsection (5) and applicable to the agent or any of his or her predecessors.Maximum penalty: 100 penalty units.(7) It is a defence to a prosecution for an offence arising under subsection (6) if the agent establishes that the agent did not know, and could not have been reasonably expected to know, that the condition was applicable as referred to in that subsection.(8) Where a payment is made under this Part and the recipient is not entitled to receive the whole or any part of the amount paid, whether because of a false statement in a claim or otherwise, the amount or that part may be recovered by the Authority as a debt in any court of competent jurisdiction.s 77: Am 1992 No 112, Sch 1; 1996 No 24, Sch 1.33 [1]; 2008 No 43, Sch 1 [30] [31].
77A Prepayment on lodgment of claims
(1) If the Authority is unable to finalise a claim for payment lodged on behalf of a party within 14 days, the Authority is required to make a preliminary payment within that period of 14 days.(2) The preliminary payment is to be of an amount equal to 70 per cent of the total amount estimated by the Authority to be payable to the party, reduced by the amount of any advance payments made for the election concerned.(2A) For the purposes of subsection (2), the total amount estimated by the Authority to be payable to a party does not include any amount payable to the party under section 76A.(3) In making an estimate under this section, the Authority may, but need not, rely on information contained in the claim lodged by the party.(4) Preliminary payments are available only for amounts payable under Divisions 3 and 6.(5) If a party receives a preliminary payment in excess of the amount (if any) to which it becomes entitled under a claim for payment, the amount of the excess must be repaid to the Authority within 60 days after the Authority notifies the party.(6) The amount of any such excess may be recovered by the Authority as a debt in any court of competent jurisdiction or may be deducted from any other money owing to the party from the Authority.s 77A: Ins 1991 No 13, Sch 1 (8). Am 2002 No 101, Sch 1 [4].
78 Payments conditional on disclosure of political donations etc
A party, group or candidate is not eligible for any payment (other than advance payments) under this Part in respect of a general election while any failure to lodge a requisite declaration under Part 6 in respect of the party, group or candidate for a past period continues.s 78: Subst 2008 No 43, Sch 1 [32].
79 Death of a candidate
Where a candidate dies and would, but for his or her death, have been entitled to a payment under this Part, the Authority may make the payment to the candidate’s legal personal representatives or otherwise in accordance with section 77.
80 Alteration in composition of group
Where there is an alteration in the composition of a group and the Authority is satisfied that the identity of the group is substantially unaltered, payments may be made under this Part as if its composition had not altered.
81 Public access to claims etc
(1) A claim lodged with the Authority for a payment under this Part, together with any papers and correspondence relating to the assessment of the claim by the Authority, or a copy thereof, shall be retained by the Authority for at least 6 years after the polling day for the election to which it or they relate, and any such claim, papers and correspondence, or a copy thereof, shall be available for public inspection during ordinary office hours.(2) The Authority may, on application made to it and on payment of a reasonable fee to be determined from time to time by the Authority, provide copies of or extracts from any claim, papers or correspondence referred to in subsection (1).
82 False statements
(1) A person who, in any claim lodged with the Authority for a payment under this Part, makes a statement that is false or misleading in a material particular, knowing it to be false or not reasonably believing it to be true, is guilty of an offence.(2) A candidate or member of a group who, in relation to any matter to be included in a claim for a payment under this Part, gives or withholds giving information to the official agent of the candidate or group knowing that it will result in the making of a false or misleading claim by the agent in whole or in part is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.s 82: Am 1992 No 112, Sch 1; 1993 No 104, Sch 1 (4); 2008 No 43, Sch 1 [33].
Part 6 Political donations and electoral expenditure
pt 6: Subst 2008 No 43, Sch 1 [34].
Division 1 Preliminary
pt 6, div 1, hdg: Ins 2008 No 43, Sch 1 [34].
83 Application
This Part applies in relation to:(a) State elections and elected members of Parliament, and(b) local government elections and elected members of councils.ss 83–85: Subst 1993 No 104, Sch 1 (5); 2008 No 43, Sch 1 [34].
84 Definitions—general
(1) In this Act:disposition of property—see section 4.Note—A disposition of property includes any transaction that diminishes the value of a person’s own property and increases the value of the property of another person. Property includes money.donor means a person who makes a gift.entity means:(a) an incorporated or unincorporated body, or(b) the trustee of a trust.expenditure includes any disposition of property.gift means any disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money’s worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration.major political donor means a political donor referred to in section 88 (2).relevant disclosure period—see section 89.(2) For the purposes of this Part, a reference to a candidate or group extends to an individual who, or a group of individuals which, accepts gifts for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election.Note—Section 96A (2) 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) For the purposes of this Part:(a) a person who is a candidate in an election, oris taken to remain a candidate or group for 30 days after the polling day for the election.(b) a group of candidates in an 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 88 (4).(4) 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 Authority so requires, be determined by valuers appointed or approved by the Authority in accordance with the regulations.Note—The regulations may make provision for requiring agents to obtain valuations from a valuer approved by the Authority of political donations that are not gifts of money (or enabling the Authority to obtain any such valuations—see section 117 (1) (a1)).(5) A reference in this Part 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.(6) For the purposes of this Part, 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.ss 83–85: Subst 1993 No 104, Sch 1 (5); 2008 No 43, Sch 1 [34].
85 Meaning of “political donation”
(1) For the purposes of this Act, a political donation is:(a) a gift made to or for the benefit of a party, or(b) a gift made to or for the benefit of an elected member, or(c) a gift made to or for the benefit of a candidate or a group of candidates, or(d) a gift made to or for the benefit of an entity or other person (not being a party, elected member, group or candidate), the whole or part of which was used or is intended to be used by the entity or person:(i) to enable the entity or person to make, directly or indirectly, a political donation or to incur electoral expenditure, or(ii) to reimburse the entity or person for making, directly or indirectly, a political donation or incurring electoral expenditure.(2) An amount paid by a person as a contribution, entry fee or other payment to entitle that or any other person to participate in or otherwise obtain any benefit from a fund-raising venture or function (being an amount that forms part of the proceeds of the venture or function) is taken to be a gift for the purposes of this section.(3) An annual or other subscription paid to a party by:(a) a member of the party, oris taken to be a gift to the party for the purposes of this section.(b) a person or entity (including an industrial organisation) for affiliation with the party,Note—Unless details of any such subscription are required to be disclosed because it is a reportable political donation of or above $1,000, the total amount of subscriptions and other details are required to be disclosed under section 92 (4).(4) The following are not political donations:(a) a gift to an individual that was made in a private capacity to the individual for his or her personal use and that the individual has not used, and does not intend to use, solely or substantially for a purpose related to an election or to his or her duties as an elected member,(b) a payment under Part 5 (Public funding of election campaigns) or Part 6A (Political Education Fund).Note—Even though an election funding payment to a group or candidate is not a donation required to be disclosed, the amount is required to be paid into the separate campaign account that is established for donations to and electoral expenditure by the group or candidate—see section 77 (2A).ss 83–85: Subst 1993 No 104, Sch 1 (5); 2008 No 43, Sch 1 [34].s 85A: Ins 1993 No 104, Sch 1 (6). Am 2001 No 34, Sch 4.15 [1]. Rep 2008 No 43, Sch 1 [34].
86 Meaning of “reportable political donation”
(1) For the purposes of this Act, a reportable political donation is:(a) in the case of disclosures under this Part by a party, elected member, group or candidate—a political donation of or exceeding $1,000 made to or for the benefit of the party, elected member, group or candidate, or(b) in the case of disclosures under this Part by a major political donor—a political donation of or exceeding $1,000:(i) made by the major political donor to or for the benefit of a party, elected member, group or candidate, or(ii) made to the major political donor.(2) A political donation of less than an amount specified in subsection (1) made by an entity or other person is to be treated as a reportable political donation if that and other separate political donations made by that entity or other person to the same party, elected member, group, candidate or person within the same financial year (ending 30 June) would, if aggregated, constitute a reportable political donation under subsection (1).(3) A political donation of less than an amount specified in subsection (1) made by an entity or other person to a party is to be treated as a reportable political donation if that and other separate political donations made by that entity or person to an associated party within the same financial year (ending 30 June) would, if aggregated, constitute a reportable political donation under subsection (1). This subsection does not apply in connection with disclosures of political donations by parties.(4) For the purposes of subsection (3), parties are associated parties if endorsed candidates of both parties were included in the same group in the last periodic Council election or are to be included in the same group in the next periodic Council election.s 86: Subst 2008 No 43, Sch 1 [34].
87 Meaning of “electoral expenditure”
(1) For the purposes of disclosure of electoral expenditure and other requirements of this Part, the following is electoral expenditure:(a) expenditure on advertisements in radio, television, the Internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards and any other printed election material,(b) expenditure on the holding of election rallies,(c) expenditure on the distribution of election material,(d) expenditure on travel and accommodation of a candidate for election,(e) expenditure on research associated with election campaigns,(f) expenditure incurred in raising funds for an election,(g) expenditure on stationery, telephones, messages, postage and electronic transmissions,(h) expenditure incurred in employing staff engaged in election campaigns,(i) expenditure classified as electoral expenditure by the Authority,(j) such other expenditure as may be prescribed by the regulations.(2) For the purposes of this Act, expenditure on factual advertising of the following is not electoral expenditure:(a) meetings to be held for the purpose of selecting persons for nomination as candidates for election,(b) meetings for organisational purposes of parties, branches of parties or conferences, committees or other bodies of parties or branches of parties,(c) any other matter involving predominantly the administration of parties or conferences, committees or other bodies of parties or branches of parties.s 87: Am 1987 No 133, Sch 1 (7); 1993 No 104, Sch 1 (7); 1994 No 32, Sch 2; 2001 No 34, Sch 1.2. Subst 2008 No 43, Sch 1 [34].s 87A: Ins 1993 No 104, Sch 1 (8). Am 2001 No 34, Sch 4.15 [2]. Rep 2008 No 43, Sch 1 [34].
Division 2 Disclosure of political donations and electoral expenditure
pt 6, div 2, hdg: Ins 2008 No 43, Sch 1 [34].
88 Disclosures required to be made
(1) Parties, members, groups and candidates Disclosure is required under this Part of political donations received, and electoral expenditure incurred, by or on behalf of the following during the relevant disclosure period:(a) a party (whether or not a registered party),(b) an elected member,(c) a group,(d) a candidate.(2) Major political donors Disclosure is required under this Part of reportable political donations made or received, and electoral expenditure incurred, by an entity or other person (not being a party, elected member, group or candidate) who has, during the relevant disclosure period:(a) made a reportable political donation of or exceeding $1,000, or(b) incurred electoral expenditure of or exceeding $1,000.(3) Single declaration of disclosures by party and its members The regulations may provide for a single declaration of disclosures by an agent of a party relating to the party and to elected members and candidates (and groups of candidates) who are members of the party. The disclosures relating to the party and to each member, candidate or group are to be separately identified.(4) Disclosure is required even if the entity or person has ceased to be a party, elected member, candidate or group (as the case requires) at the time the disclosure is required to be made, so long as the entity or person was a party, elected member, candidate or group at any time during the relevant disclosure period.Note—See section 84 (2) for extension of disclosure and other requirements to individuals who accept donations before they nominate or register as candidates or groups.s 88: Am 1993 No 104, Sch 1 (9). Subst 2008 No 43, Sch 1 [34].
89 Relevant disclosure period
(1) For the purposes of this Part, the relevant disclosure period is each 6-month period ending on 30 June and on 31 December.(2) In the case of a candidate, the first relevant disclosure period for the candidate registered for an election (the current election) includes the period commencing on:(a) if the candidate was registered at any time in the Register of Candidates for the previous general election—the 31st day after polling day for that previous general election, or(b) if the candidate was registered at any time in the Register of Candidates for a by-election (not being the current election) following the previous general election—the 31st day after polling day for that by-election, orwhichever first occurs, but not including a period during which he or she was an elected member.(c) the day that is 12 months before the day on which the candidate was nominated for election at the current election,Note—The transitional provisions (Part 5 of Schedule 2) make special provision for the first relevant disclosure period.s 89: Am 1993 No 104, Sch 1 (10). Subst 2008 No 43, Sch 1 [34].
90 Person responsible for making disclosures
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,(b) in the case of an elected member—the official agent of the member,(c) in the case of a group or candidate—the official agent of the group or candidate,(d) in the case of a major political donor—the political donor.ss 90–92: Subst 2008 No 43, Sch 1 [34].
91 When and how disclosures to be made
(1) Disclosures under this Part are to be made within 8 weeks after the end of each relevant disclosure period (or within such other period as may be prescribed by the regulations).Note—Unless otherwise prescribed, disclosures are to be made before 26 February for the period ending on 31 December in the previous year, and before 26 August for the period ending on 30 June in that year. See section 96L for the extension of the due date for making disclosures in particular cases, and section 96M for the amendment of disclosures that have been made.(2) Disclosures are to be made in a declaration lodged with the Authority in the form and manner approved by the Authority (except as provided by this section).(3) A particular political donation is not required to be disclosed in such a declaration if the disclosure of the donation has been made on a website maintained by the Authority for that purpose, but only if:(a) the donation is of a category that is authorised to be so disclosed according to the directions on that website, and(b) the disclosure is made in accordance with those directions.The regulations may make provision with respect to any such website.(4) A declaration lodged under this section is to contain a statement to the effect that all disclosures required to be made in relation to the relevant disclosure period have been made.(5) A declaration is required to be lodged under this section even if it does not contain any disclosures (unless all the disclosures required to be made have been made under subsection (3) on the website maintained by the Authority).(6) Disclosures in a declaration lodged under this section, or made on a website maintained by the Authority, are required to be vouched for in the manner prescribed by the regulations.Note—Sections 110 and 110A contain investigative powers to enable the Authority to investigate compliance with the disclosure requirements under this Part.ss 90–92: Subst 2008 No 43, Sch 1 [34].
92 Political donations required to be disclosed
(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 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 major political donor to whom the donation was made),(b) the date on which the donation was 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 Australian Business Number of the entity.(3) Small donations Disclosure of political donations (that are not reportable political donations) is to include disclosure of:(a) the total amount of those donations during the relevant disclosure period, and(b) the total number of persons who made those donations.This subsection does not apply to disclosures by major political donors.(4) Annual party membership or affiliation subscriptions Disclosure by a party of political donations is to include disclosure of:(a) the total amount of annual or other subscriptions paid to the party by members or affiliates of the party during the relevant disclosure period, and(b) each subscription rate, and(c) the number of members who paid the subscriptions at each such rate.Disclosure of any such subscription is not required if it is disclosed as a reportable political donation.(5) Fund-raising ventures or functions Disclosure of political donations is to include, in connection with fund-raising ventures or functions during the relevant disclosure period:(a) either the net or gross proceeds of each such venture or function (together with a disclosure as to whether the amount is the net or gross proceeds), andbut not including any amount of those proceeds that is separately disclosed as a political donation.(b) details of each such venture or function (including a brief description of its nature and the date on which or period in which it was held),(6) Loans Disclosure of reportable political donations is to include disclosure of the amount and lender of any reportable loan under section 96G.(7) Discretionary disclosures Details of a political donation may be disclosed under this Part even if they are not required to be disclosed under this section.ss 90–92: Subst 2008 No 43, Sch 1 [34].
93 Electoral expenditure required to be disclosed
(1) Electoral expenditure required to be disclosed under this Part is all 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.Note—See section 87 for definition of “electoral expenditure”.(2) The obligation under this Part to disclose any such expenditure of a party in relation to any period can be complied with by lodging with the Authority a copy of a return furnished to the Electoral Commission by the agent of the party under section 314AB of the Commonwealth Electoral Act 1918 of the Commonwealth in respect of that period.s 93: Am 1991 No 13, Sch 1 (9); 1993 No 104, Sch 1 (11). Subst 2008 No 43, Sch 1 [34].
94 Separate disclosures not required of same item
(1) An item disclosed under this Part in relation to an elected member need not be also disclosed in the member’s capacity as a candidate or as a member of a group, and an item disclosed under this Part in relation to a candidate or a group that includes the candidate need not be also disclosed in the candidate’s capacity as an elected member.(2) An item disclosed under this Part in relation to a group need not be also disclosed in relation to a member of the group, and an item disclosed under this Part in relation to a candidate need not be also disclosed in relation to the group of which the candidate is a member.s 94: Subst 2008 No 43, Sch 1 [34].
95 Public access to disclosures, expenditure etc
(1) The Authority is to publish on a website maintained by the Authority the disclosures of reportable political donations and electoral expenditure under this Part (and other information it considers relevant).(2) The disclosures are to be published on the website as soon as practicable after the due date for the making of the disclosures.(3) The Authority may decline to publish on the website any disclosure of political donations by a major political donor that the Authority has reason to suspect is vexatious, false or misleading.(4) Copies of disclosures made in a declaration under this Part are to be kept by the Authority for at least 6 years after the period to which they relate and are to be available for public inspection during ordinary office hours.(5) The Authority may, on application made to it and the payment of a reasonable fee determined by the Authority, provide copies of or extracts from any such disclosures kept by the Authority.s 95: Subst 2008 No 43, Sch 1 [34].
Division 3 Management of donations and expenditure
pt 6, div 3, hdg: Ins 2008 No 43, Sch 1 [34].
96 Requirements in relation to expenditure of political donations to parties
(1) It is unlawful for political donations to a party to be used otherwise than for the objects and activities of the party, including the administration of the party and community activities.(2) In particular, it is unlawful for political donations to be used for the personal use of an individual acting in a private capacity.s 96: Am 1992 No 112, Sch 1; 1993 No 104, Sch 1 (12). Subst 2008 No 43, Sch 1 [34].
96A Requirements for political donations to, and electoral expenditure by, elected member, group or candidate
(1) It is unlawful for political donations to an elected member to be accepted unless:(a) the member has an official agent, and(b) the donations are made to that agent.(2) It is unlawful for political donations to a group or candidate to be accepted unless:(a) the group or candidate is registered under this Act, and(b) the group or candidate has an official agent, and(c) the donations are made to that agent.(3) It is unlawful for political donations to an elected member, group or candidate to be used to incur electoral expenditure or reimburse a person for incurring electoral expenditure unless:(a) the donations were paid by the official agent into a campaign account of the member, group or candidate kept in accordance with section 96B, and(b) the payment for that electoral expenditure is made by that agent from that campaign account.(4) Subject to the regulations, a person (other than an elected member or candidate) may be appointed in writing by an official agent to accept political donations to be made to the official agent or to make payments for electoral expenditure from a campaign account by the official agent, or both.(5) It is unlawful for elected members, groups or candidates to make payments for electoral expenditure for their own election or re-election unless the payments are made from their campaign account kept in accordance with section 96B. The guidelines of the Authority may exclude minor payments from the operation of this subsection.(6) It is unlawful for political donations to an elected member, group or candidate to be used otherwise than:(a) to incur electoral expenditure or reimburse a person for incurring electoral expenditure, or(b) for any other purpose authorised by this Act.Note—See section 96B (5).(7) Despite anything to the contrary in this section, it is not unlawful for an elected member, group or candidate to accept political donations and incur electoral expenditure without a campaign account if:(a) the political donations are not reportable political donations and the total amount of those donations for the election period does not exceed $1,000, or(b) the political donations are not reportable political donations and the total amount of electoral expenditure for the election period does not exceed $1,000, or(c) the regulations authorise the member, group or candidate to do so.The election period includes the period ending 30 days after the polling day for the election and also includes the period commencing 30 days after polling day for the previous general election for the State or local government area, as the case requires.Note—See also section 49 which provides for the candidate to be his or her own official agent when a campaign account is not required. Disclosure of political donations and electoral expenditure is still required even if a campaign account is not required under this subsection.ss 96A–96C: Ins 2008 No 43, Sch 1 [34].
96B Campaign accounts of elected members, groups or candidates
(1) The campaign account of an elected member, group or candidate is to be a separate account with a bank, credit union, building society or other entity prescribed by the regulations.(2) The official agent for the time being of the elected member, group or candidate to whom the account belongs is to be authorised to operate the account, and that member, group or candidate is not to operate the account.(3) A single account may be kept for a number of elected members, groups or candidates with the same official agent if the funds of (and relevant transactions relating to) each member, group or candidate are accounted for separately. This subsection has effect despite subsection (1) but subject to the regulations under subsection (7).(4) In addition to political donations, money may be paid into a campaign account by the elected member, group or candidate to whom the account belongs. In that case, the amount paid and the terms on which the payment was made are to be disclosed in the relevant declaration lodged under this Part for the period in which the amount was paid.Note—Section 77 (2A) requires election funding payments under Part 5 for a candidate or group to be paid into the relevant campaign account.(5) Payments out of a campaign account may only be made:(a) for the purposes of electoral expenditure incurred by or on behalf of the elected member, group or candidate to whom the account belongs, or(b) with the approval of the elected member, group or candidate to whom the account belongs, for the purposes of lawful expenditure referred to in section 96 incurred by or on behalf of the party of which they are a member, or(c) to reimburse the elected member, group or candidate for money paid into the account by the member, group or candidate, or(d) for the purpose of the elected member, group or candidate to whom the account belongs to make political donations to elected members, groups or candidates who are members of the same party, or(e) for the purposes of expenditure incurred in connection with parliamentary or council duties of the person to whom the account belongs or in connection with community activities.(6) Any amount remaining in a campaign account after the elected member, group or candidate to whom the account belongs ceases to be an elected member, group or candidate and no longer requires the account is to be paid:(a) to any party of which any such person was a member at the time the person last became an elected member or last contested an election to become an elected member, or(b) in the case of a group—to the campaign accounts (if any) belonging to the candidates who were members of the group (the amount being divided equally among the candidates), or(c) subject to paragraphs (a) and (b)—to a charity nominated by the person or by the Authority (if the person cannot be contacted after due inquiry).(7) The regulations may make provision for or with respect to campaign accounts (including the control of accounts, the keeping of joint accounts and the provision of information to and the audit of accounts by the Authority).ss 96A–96C: Ins 2008 No 43, Sch 1 [34].
96C Person accepting reportable political donations to record details
(1) It is unlawful for a person to accept a reportable political donation that is required to be disclosed under this Part unless the person:(a) makes a record of the details required to be disclosed under this Part in relation to the donation, and(b) provides a receipt for the donation (being a receipt that includes a statement required by the regulation as to the circumstances in which the donor is obliged to disclose the donation under this Part).Note—Section 96I (2) requires the above record to be kept for at least 3 years.(2) This section does not apply to a political donation that is not a reportable political donation at the time it is made.Note—Political donations of less than $1,000 may become reportable political donations if separate donations by the same person in the same financial year exceed $1,000.ss 96A–96C: Ins 2008 No 43, Sch 1 [34].
Division 4 Prohibition of certain political donations etc
pt 6, div 4: Ins 2008 No 43, Sch 1 [34].
96D Prohibition on donations from entities without ABN
It is unlawful for a person to accept a reportable political donation that is required to be disclosed under this Part unless:(a) it is made by an individual, or(b) it is made by an entity that has an Australian Business Number (ABN).pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96E Prohibition on certain indirect campaign contributions
(1) It is unlawful for a person to make any of the following indirect campaign contributions to a party, elected member, group or candidate:(a) the provision of office accommodation, vehicles, computers or other equipment for no consideration or inadequate consideration for use solely or substantially for election campaign purposes,(b) the full or part payment by a person other than the party, elected member, group or candidate of electoral expenditure for advertising or other purposes incurred or to be incurred by the party, elected member, group or candidate (or an agreement to make such a payment),(c) the waiving of all or any part of payment to the person by the party, elected member, group or candidate of electoral expenditure for advertising incurred or to be incurred by the party, elected member, group or candidate,(d) any other goods or services of a kind prohibited by the regulations.Electoral expenditure for advertising is taken to be incurred by a party, elected member, group or candidate if the advertising is authorised by the party, elected member, group or candidate.(2) It is unlawful for a person to accept any such indirect campaign contribution.(3) However, an indirect campaign contribution prohibited by this section does not include:(a) the provision of volunteer labour or the incidental or ancillary use of vehicles or equipment of volunteers or other things authorised by the guidelines of the Authority, or(b) anything provided or done by a party for the candidates endorsed by the party in accordance with arrangements made by the party agent of the party, or(c) anything provided or done whose value as a gift does not exceed $1,000 unless the total value of all such things provided or done by the same person over the same financial year (ending 30 June) exceeds $1,000, or(d) a payment under Part 5 or 6A, or(e) any other thing of a kind permitted by the regulations.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96F Prohibition on receiving gifts of unknown source
It is unlawful for a person to accept a reportable political donation that is required to be disclosed under this Part unless:(a) the name and address of the person who made the donation are known to the person accepting the donation, and(b) when the donation is made, the person making the donation gives to the person accepting the donation his or her name and address, and the person accepting the donation has no grounds to believe that the name and address so given are not the true name and address of the person making the donation.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96G Prohibition on receiving loans unless details recorded
(1) It is unlawful for a person to receive a reportable loan (other than a loan from a financial institution), unless the person makes a record of the following:(a) the terms and conditions of the loan,(b) the name and address of the entity or other person making the loan.(2) A reportable loan is a loan that, if it had been a gift, would be a reportable political donation that is required to be disclosed under this Part.(3) For the purposes of this section:(a) separate loans made by one entity or other person to the same party, elected member, group, candidate or person within a relevant disclosure period are to be aggregated and treated as a single loan, and(b) each transaction in which credit is provided by the use of a credit card is taken to be a separate loan.(4) In this section:financial institution means an entity whose principal business is the provision of financial services or financial products, and includes a bank, credit union, building society or other entity prescribed by the regulations.loan means an advance of money, the provision of credit or any other transaction that in substance effects a loan of money.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
Division 5 Miscellaneous
pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96H Offences relating to disclosures
(1) A person who is required to lodge a declaration under section 91 but who fails to do so within the time required by this Part is guilty of an offence.Maximum penalty: 200 penalty units.(2) A person who makes a statement:(a) in a declaration or other disclosure under this Part, orthat the person knows is false, or that the person does not reasonably believe is true, is guilty of an offence.(b) in a request under this Part for an extension of the due date for making the disclosure,Maximum penalty: 200 penalty units or imprisonment for 12 months, or both.(3) An elected member, member of a group or candidate who, in relation to a matter required to be disclosed under this Part by the official agent of the elected member, group or candidate, gives or withholds information to or from the agent knowing that it will result in the making of a false statement in a disclosure or request under this Part by the agent is guilty of an offence.Maximum penalty: 200 penalty units.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96I Other offences
(1) A person who does any act knowing that it is unlawful under Division 3 or 4 is guilty of an offence.(2) A person who fails to keep for at least 3 years:(a) a record made by the person under section 96C relating to a reportable political donation, oris guilty of an offence.(b) any other record that is required by the regulations to be kept by the person for that period,Maximum penalty: In the case of a party, 200 penalty units or in any other case, 100 penalty units.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96J Recovery of unlawful donations etc
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 that person knew that it was unlawful) is payable by that person to the State and may be recovered by the Authority as a debt due to the State from:(a) in the case of a donation, loan or contribution received by a party that is a body corporate—the party, or(b) in the case of a donation, loan or contribution received by a party that is not a body corporate—the party agent of the party, or(c) in any other case—the person who received the donation, loan or contribution or the official agent of the person.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96K Audit certificate
(1) A declaration of disclosures under this Part (other than a declaration lodged by a major political donor) is to be accompanied by a certificate of an auditor stating:(a) that the auditor was given full and free access at all reasonable times to all accounts and documents of the agent responsible for lodging the declaration and of the party, elected member, group or candidate (as the case requires) relating directly or indirectly to any matter required to be disclosed under this Part, and(b) that the auditor duly examined such of those accounts and documents as the auditor considered material for the purposes of giving the certificate, and(c) that the auditor received all information and explanations that the auditor asked for with respect to any matter required to be set out in the declaration, subject to the qualifications (if any) specified in the certificate, and(d) that the auditor has no reason to think that any statement in the declaration is not correct.(2) Subsection (1) does not apply to a declaration lodged in relation to a group or candidate if the regulations exempt, or the Authority waives, compliance with the audit requirement for the disclosure.(3) The Authority may waive compliance with the audit requirement in either of the following cases:(a) where the declaration contains a statement to the effect that no political donations were received and no electoral expenditure was incurred,(b) where the group or candidate to whom the declaration relates is not eligible to receive a payment under Part 5.(4) Such a waiver is at the discretion of the Authority, and may be made before or after the disclosure is made.(5) The Authority may revoke the waiver at any time. Revocation does not affect the validity of a declaration already lodged, unless the required certificate of an auditor is not forwarded to the Authority within the time specified by the Authority.(6) A declaration that is required by this section to be accompanied by a certificate is not duly lodged under this Part unless it is accompanied by the certificate.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96L Extension of due date for making disclosures
(1) A person who is required to lodge a declaration of disclosures under this Part but who is unable to lodge a complete declaration by the due date may, before that date, request the Authority to extend the due date for lodging the declaration.(2) The Authority may, if satisfied that there is good cause to do so, extend the due date for the lodging of the declaration to a date that the Authority considers appropriate in the circumstances.(3) The due date for lodging a declaration cannot be extended or further extended under this section by more than 8 weeks in total.(4) The Authority may, as a condition of extending the due date, require the person to lodge a declaration containing disclosures that the person is in a position to make at that time.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
96M Amendment of disclosures
(1) The person who lodged a declaration under this Part (or that person’s successor as the agent of the party, elected member, group or candidate concerned) may amend the declaration by lodging an amended declaration with the Authority.(2) The obligations under section 95 (Public access to disclosures, expenditure etc) and section 96K (Audit certificate) extend to both the original and any amended declaration.(3) This section does not affect the liability for an offence in connection with the declaration that is amended.(4) In this section:amend includes alter, omit, add or substitute.declaration includes a disclosure made in accordance with this Part on the website of the Authority.pt 6, div 5 (ss 96D–96M): Ins 2008 No 43, Sch 1 [34].
97 (Repealed)
s 97: Am 1992 No 112, Sch 1; 1993 No 104, Sch 1 (13). Rep 2008 No 43, Sch 1 [34].
Part 6A Political Education Fund
pt 6A: Ins 1993 No 104, Sch 1 (14).
97A Definition
In this Part:Fund means the Political Education Fund established under this Part.s 97A: Ins 1993 No 104, Sch 1 (14).
97AB Application to State elections only
(1) This Part does not apply to or in relation to local government elections.(2) Accordingly, a reference in this Part to an election or general election is a reference that relates to a State election.s 97AB: Ins 2008 No 43, Sch 1 [35].
97B Political Education Fund
(1) There is to be a Political Education Fund to be kept by the Authority in respect of each general election.(2) Payments from the Fund are to be distributed and spent in accordance with this Part.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97C Parties entitled to receive annual payments from the Fund for purposes of political education
(1) Following a general election, a registered party is entitled to receive annual payments from the Fund, until the polling day for the next general election, for the purposes of political education.(2) Political education purposes can include but are not limited to the posting of written materials and information, regardless of whether the information contains material only about the party concerned.(3) However, a registered party is not entitled to receive or spend payments from the Fund for political education purposes involving travelling or accommodation expenses.(4) A registered party is not entitled to receive payments from the Fund unless the party:(a) endorsed candidates for election to the Assembly at the general election, and(b) was entitled to receive funding under Division 3 of Part 5 in respect of the general election.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97D Determinations relating to political education purposes
(1) The Authority may, from time to time, make and publish determinations with respect to the purposes for which a registered party is entitled to receive and spend payments from the Fund.(2) The spending of payments received from the Fund must be in accordance with any such determinations.(3) The making of determinations under this section does not prevent the making of guidelines under section 24 with respect to matters under this Part.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97E How payments from the Fund are to be determined
(1) A party’s entitlement to annual payments from the Fund is to be determined as at 1 January in each year in respect of the last general election held before that date.(2) Payments are to be made from the Fund as soon as practicable after 1 January in each year, with the first payments to be made for the year beginning 1 January 1994.(3) The annual payment to a registered party is to be determined in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g5.gif)
where:P represents the payment to the party from the Fund for the year concerned.CS represents the cost (as at 1 December before the payment is made) of a postage stamp needed to post a standard postal article (within the meaning of the Australian Postal Corporation Act 1989 of the Commonwealth) by ordinary course of post in Sydney to an address in Sydney.FPV represents the total number of first preference votes recorded at the last general election, on all ballot-papers not rejected as informal, for the candidates endorsed by the party for election to the Legislative Assembly.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97F Party must claim for payments from the Fund
(1) A registered party is entitled to receive a payment from the Fund under this Part only if the party claims for such payment in each year.(2) A claim must:(a) be lodged with the Authority and be in writing, and(b) be accompanied by a declaration, and such information as the Authority may require, under section 97H, and(c) be made before 1 July in the year for which payment is to be made.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97G Payments from the Fund to be made to agents
(1) Payments from the Fund under this Part are to be made to the agent of the registered party concerned.(2) The registered party must keep a separate account of any money received by it under this Part.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97H Declarations etc by agents
(1) An agent of any registered party which makes a claim for a payment under this Part must declare:(a) how any payment, not already declared under this section, was spent by the party, and(b) that any such payment was spent only in accordance with the Authority’s determinations or for such other purposes relating to political education as may be approved by the Authority.(2) Any such declaration must be accompanied by a certificate of an auditor stating that the auditor:(a) was given full and free access at all reasonable times to all records and documents of the party and the agent relating directly to the spending of the payment referred to in the declaration, and(b) examined such of those records and documents as the auditor considers material for the purpose of giving the certificate, and(c) received all information and explanations requested by the auditor with respect to the spending of the payment, and(d) is satisfied that, from the information available to the auditor, the payment was spent in accordance with this Part, and(e) has no reason to think that any statement in the declaration is not correct.(3) The Authority may request the agent to provide further information about the spending of any such payments if the Authority is not satisfied with the information provided with the claim.(4) The Authority is to make available to members of the public for inspection the contents of any declaration, certificate or other information it receives under this section.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97I Recovery of unauthorised expenditure
(1) If the Authority is satisfied that a registered party has spent any amount received by it under this Part in a manner contrary to the Authority’s determinations or other approved purpose, the Authority may require the party to return the amount to the Authority within 60 days after the Authority notifies the party.(2) If the party fails to return the amount within that time, the Authority may:(a) deduct the amount required to be returned from any amount which the party would be entitled to receive in the following year, or(b) recover the amount required to be returned as a debt in a court of competent jurisdiction.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97J Unspent amounts to be carried over to following year
(1) Any amount received by a registered party under this Part, and which is not spent by the party during the year in which the amount was received, is taken to be carried over as part of any amount which the party would be entitled to receive under this Part for the following year.(2) Any amount to be received for the following year is to be reduced accordingly by the amount unspent in the previous year.(3) If any such unspent amount remains unspent at the end of the following year, it must then be returned to the Authority.(4) If the party fails to return the unspent amount, the Authority may:(a) deduct the amount from any amount which the party would be entitled to receive in the following year, or(b) recover the amount as a debt in a court of competent jurisdiction.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
97K False statements
(1) A person who, in any claim lodged with the Authority for a payment under this Part or in any declaration under this Part, makes a statement that is false or misleading in a material particular, knowing it to be false or not reasonably believing it to be true, is guilty of an offence and liable to a penalty not exceeding 100 penalty units.(2) A person who, in relation to any matter to be included in a claim or declaration under this Part, gives or withholds giving information to the party or agent knowing that it will result in the making of a false or misleading claim or declaration in whole or in part is guilty of an offence and liable to a penalty not exceeding 100 penalty units.ss 97B–97K: Ins 1993 No 104, Sch 1 (14).
Part 7 Financial provisions
98 Appropriation of Consolidated Fund for election funding
There shall be paid from the Consolidated Fund, from time to time, such amounts as are necessary to meet the amount of any payments to be made in accordance with Part 5 or 6A and the Consolidated Fund is to the necessary extent hereby appropriated accordingly.s 98: Am GG No 80 of 10.5.1985, p 2040; 1993 No 104, Sch 1 (15).
99 Funding of other expenses
(1) Expenditure incurred in the administration or execution of this Act (other than payments referred to in section 98 and subsection (2)) shall be deemed to be expenses lawfully incurred under and in the execution of the Parliamentary Electorates and Elections Act 1912.(2) Expenditure incurred in connection with research referred to in section 25, and the engaging of consultants to assist the Authority, shall be met from money provided by Parliament.s 99: Am 2006 No 2, Sch 4.15 [2].
100 Money received by Authority
Any money received or recovered by the Authority shall be paid to the Consolidated Fund.s 100: Am GG No 80 of 10.5.1985, p 2040.
101 Financial year of the Authority
The financial year of the Authority shall be:(a) where no period is prescribed as referred to in paragraph (b)—the year commencing on 1 July, or(b) the period (not exceeding 2 years) prescribed for the purposes of this section.s 101: Subst 1983 No 153, Sch 2.
102, 103 (Repealed)
s 102: Rep 1983 No 153, Sch 2.
s 103: Rep 1983 No 153, Sch 2.
Part 8 Miscellaneous
104 Shortened references to Authority
In any other Act, in any instrument made under any Act or in any other instrument of any kind, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the “Election Funding Authority” shall be read and construed as a reference to the Election Funding Authority of New South Wales.
105 Proof of certain matters not required
In any legal proceedings, no proof shall be required (until evidence is given to the contrary) of:(a) the constitution of the Authority,(b) any resolution of the Authority,(c) the appointment of or holding of office by any member, or(d) the presence or nature of a quorum at any meeting of the Authority.
106 Extensions of time
(1) The Authority may, in any particular case, extend the time for doing anything under this Act, if it is satisfied that proper reasons exist justifying the extension.(2) Subsection (1) has effect notwithstanding any other provision of this Act, and whether or not the time for doing the thing under any such provision has expired.
107 Reports to Parliament
(1) A reference in this section to a reporting period is a reference to each year ending on 30 June or to such other periods (each not exceeding 2 years) as the Governor may from time to time determine.(2) As soon as practicable after, but within 3 months after, each reporting period, the Authority shall prepare and forward to the President of the Council and the Speaker of the Assembly a report of its work and activities for that reporting period.(3) The Authority may prepare and forward to the President of the Council and the Speaker of the Assembly reports of its work and activities for such periods and at such times as the Authority thinks fit, in addition to the reports required by subsection (2).(4) The President of the Council shall cause each such report to be laid before the Council as soon as practicable after the receipt by the President of the report.(5) The Speaker of the Assembly shall cause each such report to be laid before the Assembly as soon as practicable after the receipt by the Speaker of the report.
108 (Repealed)
s 108: Rep 2006 No 2, Sch 4.15 [3].
109 Certain persons not to be auditors
An elected member, a candidate, a party agent or an official agent, or a person appointed to any office or position under the Parliamentary Electorates and Elections Act 1912, is not qualified to perform any action as an auditor for the purposes of Part 5 or 6.s 109: Am 2008 No 43, Sch 1 [36].
110 Inspection
(1) In this section:bankers’ books means books of a bank, building society or credit union, or cheques, orders for the payment of money, bills of exchange or promissory notes in the possession or under the control of a bank, building society or credit union.inspector means a person:(a) who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions, orand who is appointed by the Authority as an inspector for the purposes of this section.(b) who is not so employed but is subject to the control and direction of the Authority in relation to any function under this section,(2) For the purpose of ascertaining whether this Act is being or has been contravened, an inspector may:(a) inspect or make copies of, or take extracts from, any records kept by or on behalf of, or any bankers’ books so far as they relate to, a party, elected member, group or candidate or agent for a party, elected member, group or candidate or a former party, elected member, group, candidate or agent, and(b) enter at any reasonable time any place at which the inspector has reasonable grounds for believing that any such records or bankers’ books are kept.(3) For the purpose of and in connection with an inspection under subsection (2), an inspector may:(a) request any person employed or engaged at any place entered pursuant to that subsection to produce to the inspector such records or, as the case may be, such bankers’ books, relating to a party, elected member, group, candidate or agent or former party, elected member, group, candidate or agent as are in the custody or under the control of the person so employed or engaged,(b) examine with respect to matters under this Act any person employed or engaged at any place so entered, and(c) make such examination and inquiries as the inspector thinks fit for the purpose of ascertaining whether this Act is being or has been contravened.(4) A person shall not:(a) refuse or intentionally delay the admission to any place of an inspector in the exercise by the inspector of his or her powers under this section,(b) intentionally obstruct an inspector in the exercise by the inspector of any such power, or(c) fail to comply with a request of an inspector made under any such power.Penalty: 100 penalty units.(5) Every inspector shall be provided with a certificate of his or her appointment, and on applying for admission to any place where the inspector is empowered by this section to enter, shall, if requested to do so, produce the certificate to the occupier of the place.(6) The power of an inspector shall only be exercised under the provisions of this Act when the Authority is satisfied upon reasonable grounds that the provisions of section 96K have not been complied with.(7) If the Authority suspects on reasonable grounds that a major political donor has failed to make a disclosure required under Part 6, this section applies in respect of the donor in the same way as it applies in respect of a candidate except that subsection (6) does not apply.(8) The Authority may request any person to provide it with relevant information for the purposes of compliance audits in connection with disclosures under Part 6.s 110: Am 1992 No 112, Sch 1; 1993 No 104, Sch 1 (16); 1996 No 24, Sch 1.33 [2] [3]; 2006 No 2, Sch 4.15 [4]; 2008 No 43, Sch 1 [37]–[42].
110A Power to demand information of major political donors regarding failures to disclose
(1) If the Authority, or a member of staff of the Authority authorised by it for the purposes of this section, reasonably suspects that a major political donor has failed to make a disclosure required under Part 6, the Authority, or the authorised staff member, may, by notice in writing, require any other person whom the Authority, or the authorised staff member, reasonably suspects may have information regarding that electoral expenditure:(a) to state the name and address of the donor who it is suspected failed to lodge the declaration, or(b) to furnish such other information in connection with the electoral expenditure as the Authority, or the authorised staff member, may reasonably require, or(c) to produce to the Authority, or the authorised staff member, at the time and place specified in that notice, any document that relates to the electoral expenditure and permit the Authority, or the authorised staff member, to inspect, and take copies of or extracts from, the document.(2) A person must not, without reasonable excuse, fail to comply with a requirement of the Authority, or an authorised staff member, made under this section.Maximum penalty: 100 penalty units.s 110A: Ins 2006 No 75, Sch 1 [2]. Am 2008 No 43, Sch 1 [43] [44].
111 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be taken before a Local Court or before the Supreme Court in its summary jurisdiction.(2) If proceedings in respect of an offence against this Act or the regulations are brought in a Local Court, the maximum monetary penalty that the court may impose in respect of the offence is, notwithstanding any other provision of this Act, 40 penalty units or the maximum monetary penalty provided by this Act in respect of the offence, whichever is the lesser.(3) If proceedings in respect of an offence against this Act or the regulations are brought in the Supreme Court in its summary jurisdiction, the Supreme Court may impose a penalty not exceeding the maximum penalty provided by this Act or the regulations in respect of the offence.(4) Proceedings in respect of an offence against this Act or the regulations may be commenced within 3 years after the offence was committed and no longer.(5) Proceedings in respect of an offence against this Act (section 102 excepted) or the regulations may only be commenced with the consent of the Authority.s 111: Am GG No 80 of 10.5.1985, p 2040; 1992 No 112, Sch 1; 1999 No 85, Sch 2.14; 2001 No 121, Sch 2.92.
112 Prosecution of unincorporated bodies
A proceeding in respect of an offence against this Act alleged to be committed by a party that is unincorporated, or in respect of any amount recoverable from such a party under section 71, 71A, 77, 77A, 97I or 97J, may be instituted against an officer or officers of the party as a representative or representatives of the members of the party, and a proceeding so instituted shall be deemed to be a proceeding against all the persons who were members of the party at any relevant time.s 112: Am 1991 No 13, Sch 1 (10); 1993 No 104, Sch 1 (17) (am 1994 No 32, Sch 2).
113 Recovery of penalties etc from parties
For the purposes of enforcing any judgment or order given or made in a proceeding under this Act against a party that is unincorporated, process may be issued and executed against any property of the party, or any property in which the party has, or any members of the party have in their capacity as such members, a beneficial interest, whether vested in trustees or however otherwise held, as if the party were a corporation and the absolute owner of the property or interest, but no process shall be issued or executed against any other property of members, or against any property of officers, of the party.
114 Evidence
A certificate signed by the Commissioner or a person authorised generally or specifically by the Commissioner to do so certifying:(a) that a specified party, group or candidate was or was not registered in a specified register kept under this Act at a specified time or during a specified period,(b) that a specified person was or was not registered as an agent in a specified register kept under this Act at a specified time or during a specified period, oris admissible in any proceedings and shall be prima facie evidence of the matters so certified.(c) that there was no person registered at a specified time or during a specified period as the agent of a specified party, group or candidate,
115 Delegation
(1) The Authority may, by instrument in writing under seal, delegate to the Chairperson the exercise of such of the functions (other than this power of delegation) conferred or imposed on the Authority by or under this or any other Act as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.(2) A function the exercise of which has been delegated under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.(4) Notwithstanding any delegation under this section, the Authority may continue to exercise all or any of the functions delegated.(5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the Authority and shall be deemed to have been done or suffered by the Authority.(6) An instrument purporting to be signed by a delegate of the Authority in his or her capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Authority under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Authority under this section.
116 Transitional provisions
Schedule 2 has effect.
117 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:(a) requiring the making, keeping and auditing of records of political donations given or received, and electoral expenditure incurred, by parties, elected members, groups, candidates and other persons, and requiring and otherwise providing for the production, examination and copying of those records, and(a1) requiring the agents of parties, elected members, groups or candidates to obtain valuations from a valuer approved by the Authority of political donations that are not gifts of money (or enabling the Authority to obtain any such valuations), and(a2) compliance audits by or on behalf of the Authority in connection with disclosures under Part 6, and(b) the exemption of any class or description of persons, organisations or bodies, or of acts, matters or things, from all or any of the provisions of this Act.(2) A regulation may impose a penalty not exceeding 20 penalty units for any contravention thereof.(3) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, oror may do any combination of those things.(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,(4) The Minister shall, before a regulation is at any time made under this Act, certify to the Governor that the regulation is not unfairly biased against or in favour of any particular parties, elected members, groups, candidates or other persons, bodies or organisations, but nothing in this subsection affects the validity of that or any other regulation.s 117: Am 1992 No 112, Sch 1; 2008 No 43, Sch 1 [45]–[47].
Schedule 1 Indexation of the monetary unit
(Sections 57, 73)
1 Definitions
(1) In this Schedule, except in so far as the context or subject-matter otherwise indicates or requires:adjustment percentage, in relation to a current quarter, means the percentage for that quarter, calculated in accordance with clause 2.base quarter means the quarter preceding that in which the day on which the writs for the first general election to which this Act applies are issued occurs.current quarter means the last quarter for which an Index number was last published before the day of the issue of the writs for the election for the purposes of which the monetary unit is to be calculated in accordance with this Schedule.Index number, in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician.quarter means:(a) the period commencing on and including 1 July and ending on and including the next 30 September,(b) the period commencing on and including 1 October and ending on and including the next 31 December,(c) the period commencing on and including 1 January and ending on and including the next 31 March, or(d) the period commencing on and including 1 April and ending on and including the next 30 June.(2) Where the monetary unit is to be adjusted under this Schedule by reference to the adjustment percentage for a quarter, a reference (however expressed) in this Schedule to adjusting the monetary unit is a reference to:(a) where the adjustment percentage is calculated in accordance with the formula set out in clause 2 (1) (a)—increasing the monetary unit, or(b) where the adjustment percentage is calculated in accordance with the formula set out in clause 2 (1) (b)—reducing the monetary unit.
2 Calculation of adjustment percentage
(1) For the purposes of the definition of adjustment percentage in clause 1 (1), the percentage for a current quarter shall be calculated:(a) if the Index number for that current quarter is greater than the Index number for the base quarter—in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g6.gif)
(b) if the Index number for that current quarter is less than the Index number for the base quarter—in accordance with the following formula:%20AND%20(No%3D078)%20AND%20(Year%3D1981)%20AND%20(%22Historical%20Document%22%3D%222008-07-10%22))/g7.gif)
where:P represents the percentage to be obtained,A represents the Index number for that current quarter, andB represents the Index number for the base quarter.(2) If at any time, whether before or after the commencement of this Schedule, the Australian Statistician has published in respect of a particular quarter an Index number in substitution for an Index number previously published by him or her in respect of that quarter:(a) except as provided in paragraph (b)—the publication of the later Index number shall be disregarded, orfor the purposes of this Schedule.(b) if the Authority so directs—regard shall, after the direction is given, be had to the later and not to the earlier Index number,(3) Notwithstanding subclause (2), if at any time after the commencement of this Schedule the Australian Statistician changes the reference base for the Consumer Price Index (All Groups Index) for Sydney, then, for the purposes of the application of this Schedule after the change takes place, regard shall be had only to Index numbers published in terms of the new reference base.
3 Adjustment of monetary unit
The monetary unit for an election shall be determined as at the day of the issue of the writs for the election, by adjusting the amount of 22 cents by the adjustment percentage for the current quarter.
4 Calculation of percentages and amounts
Where a percentage that is to be calculated under this Schedule is or includes a fraction of one-tenth of 1 per cent:(a) if that fraction is less than one-half of one-tenth—that fraction shall be disregarded, and(b) if that fraction is not less than one-half of one-tenth—that fraction shall be treated as one-tenth.
5 Rounding off of monetary unit
For the purposes of the application of the monetary unit in connection with an election, the Authority may round off any fraction of a cent in such manner as it thinks appropriate.
Schedule 2 Transitional provisions
(Section 116)
Part 1A Regulations
1A Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(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 in the Gazette, 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) The regulations under this clause have effect despite anything to the contrary in this Schedule.
Part 1 Provisions consequent on enactment of this Act
1 Term of office of appointed members and alternates
Each appointed member or alternate first appointed under this Act shall, subject to this Act, hold office:(a) from the day appointed and notified under section 2 (2) or from the date the appointment is made, whichever is the later, and(b) until the end of the period of 6 months commencing on and including the day for the return of the writs for the next general election.
2 First general election to which Act applies
(1) If the day appointed and notified under section 2 (3) is later than the day of the issue of the writs for the next general election after that day, this Act does not apply to that election, but applies to the following general election.(2) If the day appointed and notified under section 2 (3) occurs during the period of 70 days before the day of the issue of the writs for the first general election to which this Act applies, section 29 (1) shall have no force or effect in relation to that election.(3) In relation to the first general election to which this Act applies, references in Part 4 to the polling day for the previous general election shall, except in so far as the Authority otherwise directs, be construed as references to the day appointed and notified under section 2 (3).(4) In relation to the first general election to which this Act applies, where the period in respect of which a declaration under Part 6 would, but for this subclause, commence before the day appointed and notified under section 2 (3), the period shall commence on the day so appointed and notified and not at the earlier time.
3 Advance payments
Advance payments may not be made in respect of the first general election to which this Act applies.
4 By-elections
This Act does not apply to any by-elections held or to be held before the first general election to which this Act applies.
Part 2 Provisions consequent on enactment of Election Funding (Amendment) Act 1987
5 Declarations of political contributions
Section 87 as amended by the Election Funding (Amendment) Act 1987 applies to and in respect of declarations of political contributions required to be made after the commencement of that Act.
6 Register of Parties
(1) The Register of Parties kept as from the polling day for the general election held in 1984 shall be the Register of Parties required to be kept under this Act after the commencement of the Election Funding (Amendment) Act 1987.(2) The amendments made to sections 28 and 29 by the Election Funding (Amendment) Act 1987 do not apply to the registration of a party effected, or an application to register a party made, before the period of 60 days before the commencement of that Act.
Part 3 Provisions consequent on enactment of Election Funding (Amendment) Act 1991
7 Operation of amendments
(1) In this clause, the amendments means the amendments made by the Election Funding (Amendment) Act 1991, other than the amendments made to this Schedule.(2) The amendments apply to elections held after the date of assent to the Election Funding (Amendment) Act 1991.(3) This Act as in force before the date of assent to that Act continues to apply to elections held before that date.(4) However, if the date of assent to that Act is later than the day of issue of the writ or writs for the next election held after that day, the amendments do not apply to that election and this Act as in force before the date of assent to that Act applies to it.(5) This clause has effect subject to clause 8.
8 Advance payments
(1) The amendment made to section 69 by the Election Funding (Amendment) Act 1991 does not apply to advance payments calculated by reference to any previous general election held before the date of assent to that Act.(2) Section 69 as in force before the date of assent to the Election Funding (Amendment) Act 1991 continues to apply to advance payments calculated by reference to any such previous general election.
Part 4 Provisions consequent on the enactment of Election Funding (Amendment) Act 1993
9 Definition
In this Part, amending Act means the Election Funding (Amendment) Act 1993.
10 Disclosure periods
The amendment made by Schedule 1 (5) to the amending Act does not affect the disclosure period for a party or candidate that has started before, but which finishes after, the commencement of that amendment.
11 Third party disclosures
The amendments made by Schedule 1 (6), (7) (a), (9) (a) and (b), (11), (12) and (16) to the amending Act do not apply to contributions received and expenditure incurred before the commencement of those amendments.
12 Fund-raising events
The amendments made by Schedule 1 (7) (b) and (10) (c) to the amending Act do not apply to contributions or payments made before the commencement of those amendments.
13 Disclosure of political contributions
(1) The amendments made by Schedule 1 (7) (d)–(g) to the amending Act apply to and in respect of declarations of political contributions required to be made after the commencement of those amendments.(2) The amendment made by Schedule 1 (7) (c) to the amending Act does not apply to contributions or payments made before the commencement of that amendment.
14 Annual subscriptions to parties
The amendments made by Schedule 1 (7) (h) and (10) (b) to the amending Act apply to subscriptions paid before the commencement of the amendments in respect of any current disclosure period.
15 Reporting source of gifts
The amendment made by Schedule 1 (8) to the amending Act does not apply to gifts received before the commencement of the amendment.
Part 5 Provisions consequent on enactment of Election Funding Amendment (Political Donations and Expenditure) Act 2008
16 Definitions
In this Part:amending Act means the Election Funding Amendment (Political Donations and Expenditure) Act 2008.last disclosure date means:(a) in relation to a party registered under the Parliamentary Electorates and Elections Act 1912 and in relation to State elections—23 April 2007, or(b) in relation to a party registered under the Local Government Act 1993 and in relation to local government elections—the date that is 30 days after the election date for the last ordinary council election.
17 First relevant disclosure period—parties, elected members, groups or candidates
For the purposes of Part 6 of this Act, the first relevant disclosure period in relation to:(a) parties, or(b) elected members, oris the period commencing on the day after the last disclosure date and ending on 30 June 2008.(c) groups or candidates,Note—The disclosures for that first relevant disclosure period are to be made, subject to the regulations, within 8 weeks after the end of that period (ie before 26 August 2008). Section 95 (2) requires the Authority to publish the declaration of disclosures for that first relevant disclosure period on the website of the Authority as soon as practicable after that date. Candidates required to make disclosures include persons who have accepted political donations for the 2008 local government elections even if they have not yet nominated for election or registered as a candidate (see section 84 (2)).
18 First relevant disclosure period—major political donors
For the purposes of Part 6 of this Act, the first relevant disclosure period (except where clause 17 applies) is the 6-month period ending on 31 December 2008, and including the period commencing on the day after the last disclosure date and ending at the beginning of that 6-month period.
19 Date on which new requirements for receipt and management of political donations and electoral expenditure have effect
(1) The requirements of the following provisions do not have effect until 1 August 2008:(a) section 96A (Requirements for political donations to, and electoral expenditure by, elected member, group or candidate),(b) section 96B (Campaign accounts of elected members, groups or candidates),(c) section 96C (Person accepting reportable political donations to record details),(d) Division 4 (Prohibition of certain political donations).(2) After the date those provisions have effect in relation to a party, elected member, candidate or group, section 96A extends to the use of political donations made before that date to incur electoral expenditure or reimbursing a person for incurring electoral expenditure after that date.Note—Subclause (2) will operate to require political donations made but not spent before the relevant date for the establishment of campaign accounts to be paid into the relevant campaign account if the money is to be spent on electoral expenditure.(3) The Authority may, if satisfied there is good cause to do so, waive compliance with those provisions, in any particular case or class of cases, in relation to matters arising during the period ending on the date that is 30 days after the election date for the ordinary council election in 2008. Any such waiver may be given before or after the date on which the provision is required to be complied with, and may be given subject to any conditions specified by the Authority.
sch 2: Am 1987 No 133, Sch 1 (8); 1991 No 13, Sch 1 (11); 1993 No 104, Sch 1 (18); 2008 No 43, Sch 1 [48] [49].