Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act is the Electoral Funding Act 2018.

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act

3 Objects of Act

(cf section 4A EFED Act)

The objects of this Act are as follows—

(a) to establish a fair and transparent electoral funding, expenditure and disclosure scheme,

(b) to facilitate public awareness of political donations,

(c) to help prevent corruption and undue influence in the government of the State or in local government,

(d) to provide for the effective administration of public funding of elections, recognising the importance of the appropriate use of public revenue for that purpose,

(e) to promote compliance by parties, elected members, candidates, groups, agents, associated entities, third-party campaigners and donors with the requirements of the electoral funding, expenditure and disclosure scheme.

s 3: Am 2018 No 68, Sch 1.11 [1].

Part 2 Interpretation and key concepts

Part 2 Interpretation and key concepts

4 Definitions

4 Definitions

(cf sections 4 and 84 EFED Act)

In this Act—

additional entitlement means an additional entitlement, other than the electoral allowance, of the kind referred to in the Parliamentary Remuneration Act 1989, section 10(3).

Administration Fund means the fund established under Division 2 of Part 5.

agent means a party agent or official agent.

applicable cap on electoral expenditure—see Division 4 of Part 3.

applicable cap on political donations—see Division 3 of Part 3.

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.

associated entity means a corporation or another entity that operates solely for the benefit of one or more registered parties or elected members.

auditor includes a person appointed to conduct an audit under section 59(3) or 74(3).

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 Electoral Act 2017 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.

capped expenditure period means a capped local government expenditure period or a capped State expenditure period.

capped local government expenditure period—see section 28.

capped State expenditure period—see section 27.

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, and

(b) the creation of a trust in property, and

(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property, and

(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, and

(e) the exercise by a person of a special or general power of appointment of property in favour of any other person (or a hybrid of both), and

(f) any transaction entered into by any person with intent 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.

Note.

Property includes money.

donor means a person who or an entity that makes a gift.

elected member means—

(a) a member of Parliament, or

(b) a councillor (including the mayor) of the council of a local government area,

and 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.

election means a State election or a local government election.

Election Campaigns Fund means the fund established under Division 2 of Part 4.

election day means the day appointed for the taking of the polls at the election.

Electoral Commission means the New South Wales Electoral Commission constituted under the Electoral Act 2017.

Electoral Commissioner means the person for the time being holding or acting in the office of Electoral Commissioner under the Electoral Act 2017.

electoral district means a district for the election of a member to serve in the Assembly.

electoral expenditure—see section 7.

endorsed, in relation to a party, means endorsed, selected or otherwise accredited to stand as a representative of the party.

entity means—

(a) an incorporated or unincorporated body, or

(b) the trustee of a trust.

expenditure includes any disposition of property.

financial year, subject to section 136 (Financial year of the Electoral Commission), means the period of 12 months commencing on 1 July.

first preference votes means the first preference votes recorded for a candidate that are not rejected as informal at the election.

function includes a power, authority or duty, and exercise a function includes perform a duty.

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 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 for no consideration or for inadequate consideration, other than—

(a) the provision of voluntary labour, and

(b) the provision of voluntary professional services to a party by an officer or an elected member of the party.

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.

half-year means a period of 6 months ending on 30 June or 31 December.

inspector means a person appointed by the Electoral Commission under section 139.

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).

major political donor means an entity or other person (not being a party, elected member, group or candidate) who makes a reportable political donation.

New Parties Fund means the fund established under Division 3 of Part 5.

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 associated entity or a third-party campaigner for whom an official agent, appointed by the entity or campaigner under Division 6 of Part 7, is registered in the Register of Official Agents—that official agent, or

(b) in any other case—a person (including the associated entity or third-party campaigner concerned) designated by the Electoral Commission.

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) a party agent appointed under Division 5 of Part 7, and

(b) in relation to a group where some of the candidates in the group are members of one registered party and other candidates in the group are members of another registered party—the party agent of one of those parties as designated by those candidates.

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.

political donation—see section 5.

property includes money.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

registered, except in the case of a party, means registered in accordance with this Act.

registered party means a party registered under the Electoral Act 2017.

relevant disclosure period—see section 13.

reportable political donation—see section 6.

senior office holder, of a party, means a person involved in the management or control of the party or the operations of the party.

State election means an Assembly general election, a periodic Council election or a by-election for the Assembly.

third-party campaigner means the following—

(a) for a State election—a person or another entity (not being an associated entity, party, elected member, group or candidate) who incurs electoral expenditure for a State election during a capped State expenditure period that exceeds $2,000 in total,

(b) for a local government election—a person or another entity (not being an associated entity, party, elected member, group or candidate) who incurs electoral expenditure for a local government election during a capped local government expenditure period that exceeds $2,000 in total,

(c) a registered third-party campaigner for an election for which it is registered.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

s 4: Am 2019 No 18, Sch 1[1]; 2022 No 57, Sch 3[1]; 2025 No 29, Sch 1[1].

5 Meaning of “political donation”

5 Meaning of “political donation”

(cf section 85 EFED Act)

(1) For the purposes of this Act, a political donation is—

(a) a gift made to or for the benefit of a party or a group of candidates, or

(b) a gift made to or for the benefit of an elected member, the whole or part of which was used or is intended to be used by the elected member—

(i) solely or substantially for a purpose related to an election or to the elected member’s duties as an elected member, or

(ii) to enable the elected member to make, directly or indirectly, a political donation or to incur electoral expenditure, or

(iii) to reimburse the elected member for making, directly or indirectly, a political donation or incurring electoral expenditure, or

(c) a gift made to or for the benefit of a candidate, the whole or part of which was used or is intended to be used by the candidate—

(i) solely or substantially for a purpose related to an election, or

(ii) to enable the candidate to make, directly or indirectly, a political donation or to incur electoral expenditure, or

(iii) to reimburse the candidate for making, directly or indirectly, a political donation or incurring electoral expenditure, 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 fundraising venture or function (being an amount that forms part of the gross 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, or

(b) a person or entity (including an associated entity or industrial organisation) for affiliation with the party,

is taken to be a gift to the party for the purposes of this section.

Note.

Unless details of any such subscription are required to be disclosed because it is a reportable political donation of or exceeding $1,000, the total amount of subscriptions and other details are required to be disclosed under section 19(4).

(4) The following dispositions of property are taken to be a gift for the purposes of this section—

(a) a disposition of property to a NSW branch of a party from the federal branch of the party,

(b) a disposition of property to a NSW branch of a party from another State or Territory branch of the party,

(c) a disposition of property from a party to another party.

Note.

Any such disposition will be a political donation that is required to be disclosed and subject to the caps on political donations under Part 3. Any such donation paid into (or held against the assets of) a federal election campaign account is not subject to the cap on donations—see section 24(2).

(5) Uncharged interest on a loan to an entity or other person is taken to be a gift to the entity or person for the purposes of this section. Uncharged interest is the additional amount that would have been payable by the entity or person if—

(a) the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind, and

(b) any interest payable had not been waived, and

(c) any interest payments were not capitalised.

(6) A payment under Part 4 (Public funding of State election campaigns) or Part 5 (Administrative and New Party policy development funding) is not a political donation.

Note.

Even though an electoral funding payment to a 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 candidate—see section 76(3).

(7) However, if any part of a gift that is not a political donation pursuant to subsection (1)(b)–(d) is subsequently used to incur electoral expenditure, that part of the gift becomes a political donation.

(8) For the purposes of this Act, a political donation made to or for the benefit of a party, third-party campaigner or associated entity is a political donation for a local government election if—

(a) in relation to a donation to a party—the donation is paid into (or held as an asset of) the local government campaign account of the party under Subdivision 1 of Division 5 of Part 3, and

(b) in relation to a donation to a third-party campaigner or associated entity—the third-party campaigner or associated entity establishes that the donation was made solely for the purposes of a local government election campaign.

6 Meaning of “reportable political donation”

6 Meaning of “reportable political donation”

(cf section 86 EFED Act)

(1) For the purposes of this Act, a reportable political donation is—

(a) in the case of disclosures under this Act by a party, elected member, group, candidate, associated entity or third-party campaigner—a political donation of or exceeding $1,000 made to or for the benefit of the party, elected member, group, candidate, associated entity or third-party campaigner, or

(b) in the case of disclosures under this Act by a major political donor—a political donation of or exceeding $1,000 made by the major political donor to or for the benefit of a party, elected member, group, candidate, associated entity or third-party campaigner.

(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 earlier, separate political donations made by that entity or other person to the same party, elected member, group, candidate, associated entity, third-party campaigner or person within the same financial year (ending 30 June) would, if aggregated, constitute a reportable political donation under subsection (1).

7 Meaning of “electoral expenditure”

7 Meaning of “electoral expenditure”

(cf section 87 EFED Act)

(1) For the purposes of this Act, electoral expenditure is expenditure for or in connection with promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election, and which is expenditure of one of the following kinds—

(a) expenditure on advertisements in radio, television, the internet, cinemas, newspapers, billboards, posters, brochures, how-to-vote cards and other election material,

(b) expenditure on the production and distribution of election material,

(c) expenditure on the internet, telecommunications, stationery and postage,

(d) expenditure incurred in employing staff engaged in election campaigns,

(e) expenditure incurred for office accommodation for any such staff and candidates (other than for the campaign headquarters of a party or for the electorate office of an elected member),

(f) expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning,

(g) expenditure on research associated with election campaigns (other than in-house research),

(h) expenditure incurred in raising funds for an election,

(i) expenditure of a kind prescribed by the regulations.

(2) Electoral expenditure does not include—

(a) expenditure incurred substantially in respect of an election of members to a Parliament other than the NSW Parliament, or

(b) expenditure on factual advertising of—

(i) meetings to be held for the purpose of selecting persons for nomination as candidates for election, or

(ii) meetings for organisational purposes of parties, branches of parties or conferences, committees or other bodies of parties or branches of parties, or

(iii) any other matter involving predominantly the administration of parties or conferences, committees or other bodies of parties or branches of parties, or

(c) expenditure of a kind prescribed by the regulations.

(3) Electoral expenditure does not include expenditure incurred by an entity or other person (not being a party, an associated entity, an elected member, a group or a candidate) if the expenditure is not incurred for the dominant purpose of promoting or opposing a party or the election of a candidate or candidates or influencing the voting at an election.

(4) For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure incurred in raising funds for an election.

(4A) For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred on travel and travel accommodation for candidates and staff engaged in electoral campaigning.

(4AA) For Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred on research associated with election campaigns.

(4B) For the purposes of Part 3 (Political donations and electoral expenditure), Division 4 (Caps on electoral expenditure for election campaigns), electoral expenditure does not include expenditure incurred for office accommodation for a single campaign office for a candidate or a party engaged in an election campaign, including for the campaign headquarters of a party, but only to a maximum amount of $20,000 for each capped expenditure period.

(4C) To avoid doubt, expenditure incurred for office accommodation that exceeds the amount referred to in subsection (4B) in a capped expenditure period is electoral expenditure for the purposes of Part 3, Division 4.

(4D) The amount referred to in subsection (4B) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

(4E) Subsection (4A) does not apply to expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party.

(4F) Accordingly, expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party is electoral expenditure for the purposes of Part 3, Division 4.

(5) For the purposes of Division 4 (Caps on electoral expenditure for election campaigns) of Part 3 (Political donations and electoral expenditure), electoral expenditure does not include expenditure of amounts of additional entitlements within the meaning of Parliamentary Remuneration Act 1989.

(6) Without limiting subsection (1)(i) or (2)(c), a regulation made for the purposes of either of those paragraphs may provide that electoral expenditure of the kind prescribed is or is not electoral expenditure (as the case requires) only for the purposes of one or more specified provisions of this Act.

Note.

Division 4 of Part 3 caps electoral expenditure during an election campaign for State and local government elections (and Part 4 limits public funding for such expenditure at State election campaigns to part of that capped amount). Division 2 of Part 3 requires disclosure of the above electoral expenditure incurred at any time for State and local government elections.

s 7: Am 2022 No 57, Sch 3[2] [3]; 2026 No 6, Sch 2[1].

8 References to elections and writs

8 References to elections and writs

(cf sections 4 and 84 EFED Act)

(1) 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.

(2) For the purposes of this Act, where the writs for a general election for a State election are issued on different days, the day of the issue of the writs for the general election is taken to be the day on which the writ for the periodic Council election is issued.

(3) For the purposes of this Act, where the days for the return of the writs for a general election for a State election are different, the day for the return of the writs is taken to be the day for the return of the writ for the periodic Council election.

(4) 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.

(5) 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 that forms part of the general election.

9 Miscellaneous interpretative provisions

9 Miscellaneous interpretative provisions

(cf sections 4 and 84 EFED Act)

(1) Parts of parties (such as branches, groups, subdivisions, controlled entities) For the purposes of this Act, where anything is done by, on behalf of or for the benefit of, or any property is held by, or in trust for, or for the members of, a body or organisation, incorporated or unincorporated, being a body or organisation that—

(a) forms part of a party, or

(b) is established by or under the constitution of a party, or

(c) has functions conferred by or under the constitution of a party, or

(d) is controlled (within the meaning of section 50AA of the Corporations Act 2001 of the Commonwealth) by a party,

the thing is taken to be done by, on behalf of or for the benefit of that party or the property is taken to be held by that party, as the case may be.

(2) Proposed candidates accepting gifts An individual who, or a group of individuals that, accepts a gift for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election is taken to be a candidate or group when accepting the gift.

Note.

Section 38(3) makes it unlawful for any such political donations to be accepted unless the individual or group is registered as a candidate or group under this Act.

(3) Proposed candidates making payments for electoral expenditure An individual who, or a group of individuals that, makes a payment for electoral expenditure for the election of the individual or individuals at a future election is taken to be a candidate or group when making the payment. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

Note.

Section 39(4) makes it unlawful for any such electoral expenditure to be incurred unless the individual or group is registered as a candidate or group under this Act.

(4) End of period of candidature For Part 3—

(a) a person who is a candidate in an election, or

(b) a group of candidates in an election,

is taken to remain a candidate or group for 30 days after the election day for the election.

Note.

A disclosure is still required to be made by candidates and groups after they cease to be candidates or groups following the election if they were a candidate or group during any part of the relevant disclosure period for the disclosure—see section 12(4).

(5) Subsection (4) does not apply to a candidate at a time when the candidate is an elected member.

(6) Value of donations or expenditures other than money For the purposes of this Act—

(a) the amount of a donation or expenditure consisting of a disposition of property other than money is taken to be the amount equal to the value of the property disposed of, and

(b) the value of property disposed of or the value of a gift may, if the Electoral Commission so requires, be determined by valuers appointed or approved by the Electoral Commission in accordance with the regulations.

Note.

The regulations may make provision for requiring persons to obtain valuations from a valuer approved by the Electoral Commission of political donations that are not gifts of money (or enabling the Electoral Commission to obtain any such valuations)—see section 156(3)(b)).

(7) Name and address when donation or loan made by unincorporated association, trust fund or foundation A reference in this Act to the name and address of a person making a donation or loan is—

(a) in the case of a donation or loan made by an unincorporated association—a reference to the name of the association and the names and addresses of the members of the executive committee (however described) of the association, and

(b) in the case of a donation or loan purportedly made out of a trust fund or out of the funds of a foundation—a reference to the names and addresses of the trustees of the fund or of the funds of the foundation and the title or other description of the trust fund or the name of the foundation.

(8) Related corporations For the purposes of this Act, corporations that are related to each other (as determined in accordance with the Corporations Act 2001 of the Commonwealth) are taken to be a single corporation.

(9) Electoral expenditure of endorsed Assembly candidate includes electoral expenditure incurred by party for, and invoiced to, candidate For the purposes of this Act, an amount of electoral expenditure by a candidate for election to the Assembly includes, if the candidate is the endorsed candidate of a registered party, any amount of electoral expenditure that is—

(a) incurred by that party for the direct or indirect benefit of the candidate or for the direct or indirect benefit of the candidate and other candidates endorsed by the party at the election (whether or not as an agent for the candidate), and

(b) invoiced by that party to the candidate for payment (whether or not the candidate has a legal liability to pay to the party the amount invoiced).

Such an amount of electoral expenditure is taken, for the purposes of this Act, not to be an amount of electoral expenditure by that party.

(10) Political donation made for benefit of a campaign before candidate selection For the purposes of this Act and despite section 38(3)(a)—

(a) a political donation may be made to a party agent on behalf of a future candidate for election in an Assembly electoral district before the candidate has been identified, selected or otherwise endorsed by the party, and

(b) it is unlawful for such a political donation to be used otherwise than to incur electoral expenditure for or on behalf of the candidate endorsed by the party for election in that electoral district.

Note.

The party agent is responsible for disclosures under Part 3 of this Act for any such political donation and electoral expenditure.

s 9: Am 2026 No 6, Sch 2[2].

10 Notes

10 Notes

Notes included in this Act do not form part of this Act.

Note.

For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the Election Funding, Expenditure and Disclosures Act 1981 (as in force immediately before the enactment of this Act). The Election Funding, Expenditure and Disclosures Act 1981 is abbreviated in these notes as “EFED Act”.

Part 3 Political donations and electoral expenditure

Part 3 Political donations and electoral expenditure

(cf Part 6 EFED Act)

Division 1 Preliminary

Division 1 Preliminary

(cf Division 1, Part 6 EFED Act)

11 Application

11 Application

(cf section 83 EFED Act)

(1) This Part applies in relation to—

(a) State elections and elected members of Parliament, and

(b) local government elections and elected members of councils.

Note.

Political donations and electoral expenditure are required to be disclosed in connection with both State and local government elections and members. Caps apply to political donations and electoral expenditure in connection with State and local government elections, but public funding of election campaigns only applies to State elections.

(2) In this Part, registered party includes a party registered under the Local Government Act 1993.

Division 2 Disclosure of political donations and electoral expenditure

Division 2 Disclosure of political donations and electoral expenditure

(cf Division 2, Part 6 EFED Act)

12 Disclosures required to be made

12 Disclosures required to be made

(cf section 88 EFED Act)

(1) Parties, elected members, candidates, groups and associated entities Disclosure is required under this Part of political donations received or made, and electoral expenditure incurred, by or on behalf of the following—

(a) a party (whether or not a registered party),

(b) an elected member,

(c) a candidate,

(d) a group,

(e) an associated entity.

(2) Third-party campaigners Disclosure is required under this Part of—

(a) electoral expenditure incurred by a third-party campaigner in a capped State expenditure period or capped local government expenditure period, and

(b) political donations received by the third-party campaigner for the purposes of incurring that expenditure.

(3) Major political donors Disclosure is required under this Part of reportable political donations made by a major political donor who has, during the relevant disclosure period, made a reportable political donation.

(4) Disclosure is required even if the entity or person has ceased to be a party, elected member, candidate, registered third-party campaigner, group or associated entity (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, registered third-party campaigner, group or associated entity at any time during the relevant disclosure period.

Note.

See section 9(2) for extension of disclosure and other requirements to individuals who, and groups of individuals that, accept donations before they nominate or register as candidates or groups.

s 12: Am 2026 No 6, Sch 2[3] [4].

13 Relevant disclosure period

13 Relevant disclosure period

(cf section 89 EFED Act)

For the purposes of this Act, the relevant disclosure period is each 12-month period ending on 30 June.

14 Person responsible for making disclosures

14 Person responsible for making disclosures

(cf section 90 EFED Act)

(1) The person who is responsible for making a disclosure required under this Part is as follows—

(a) in the case of a party—the party agent of that party,

(b) in the case of an elected member who is a member of a registered party—the party agent of that registered party,

(c) in the case of an elected member who is not a member of a registered party—the elected member,

(d) for a candidate who is not a member of a group—

(i) if the candidate is a member of a registered party—the party agent of the registered party, or

(ii) if the candidate is not a member of a registered party—the candidate,

(e) for a candidate who is a member of a group—

(i) if all the members of the group are members of the same registered party—the party agent of the registered party, or

(ii) if one or more members of the group are members of a registered party and one or more other members of the group are members of another registered party—the party agent of the registered party of the candidate, or

(iii) if all the members of the group are not members of any registered party—the lead candidate of the group, or

(iv) otherwise—

(A) for a candidate who is a member of a registered party—the party agent of the registered party, or

(B) for a candidate who is not a member of a registered party—the candidate,

(f) in the case of a group where all the members of the group are members of the same registered party—the party agent of that registered party,

(g) in the case of a group where one or more members of the group are members of a registered party and one or more other members of the group are members of another registered party—the party agent of the registered party of the lead candidate of the group,

(h) in the case of any other group—the lead candidate of the group,

(i) in the case of an associated entity—the official agent of the associated entity,

(j) in the case of a third-party campaigner—the official agent of the third-party campaigner,

(k) in the case of a major political donor—the major political donor.

(2) Despite subsection (1), the following persons are responsible for making a disclosure required under this Part—

(a) in the case of an elected member who is a councillor (including the mayor) of a local government area who is a member of a registered party—the elected member,

(b) in the case of a candidate in a local government election who is a member of a registered party—the candidate,

(c) in the case of a group in a local government election where all (or one or more) of the members of the group are members of a registered party—the lead candidate of the group.

(3) However, despite subsection (2), a party agent is the person responsible for making a disclosure required under this Part for an elected member, candidate or the group, if—

(a) the party agent consents in accordance with subsection (4) to be the person responsible for making the disclosure, or

(b) the party agent decides in accordance with subsection (4A) to be the person responsible for making the disclosure.

(4) A party agent of the registered party may, by notice in writing given to the Electoral Commission in an approved manner and form, with the agreement of the elected member, candidate or group concerned, consent to be the person who is responsible for making a disclosure required under this Part for the elected member, candidate or group.

(4A) A party agent of a registered party may, by written notice given to the Electoral Commission in an approved way, decide to be the person who is responsible for making a disclosure required under this Part for the following—

(a) an elected member who is a councillor, including the mayor, of a local government area who is a member of the registered party,

(b) a candidate in a local government election who is a member of the registered party,

(c) a group in a local government election where all, or 1 or more, of the members of the group are members of the registered party.

(5) A party agent, elected member, candidate or group may withdraw a consent or agreement under subsection (4) (as the case requires) by a notice in writing given to the Electoral Commission in an approved manner and form.

(5A) A party agent may withdraw a decision under subsection (4A) by written notice given to the Electoral Commission in an approved way.

(5B) A party agent must give a copy of a written notice given under subsection (4A) or (5A) to the elected member or candidate or the members of the group concerned as soon as practicable after giving the written notice to the Electoral Commission.

(5C) A written notice given under subsection (4A) or (5A) is not invalid because of a failure to comply with subsection (5B).

(6) The regulations may make further provision dealing with the consequences of the giving or withdrawal of notices by persons under this section.

(7) In this section, lead candidate of a group means—

(a) the candidate in the group whose name is first in the order of names of candidates specified in the relevant claim made under section 86 (Grouping of periodic Council election candidates) of the Electoral Act 2017 or section 308A (Grouping of candidates) of the Local Government Act 1993, as the case requires, or

(b) if a group has been registered under Division 2 of Part 7 before any such claim has been made, the candidate whose name is first in the order of names specified in the Register of Candidates in relation to the group.

(8) In this section, in relation to elected members of Parliament and candidates and groups of candidates in State elections, a reference to membership of a registered party does not include a reference to membership of a party registered under section 320(2) of the Local Government Act 1993.

(9) Despite section 63(2)(a) of the Electoral Act 2017, a party that becomes registered under Part 6 of that Act is, for the purposes of this section, taken to be registered on the date of its registration.

s 14: Am 2018 No 68, Sch 1.11 [2]; 2021 No 20, Sch 1[1]–[4]; 2026 No 6, Sch 2[5].

14A

14A (Repealed)

15 When disclosures of political donations to be made

15 When disclosures of political donations to be made

(cf section 91(1) EFED Act)

(1) Disclosures under this Part of political donations received or made are to be made—

(a) in relation to a disclosure of a reportable political donation received or made during the pre-election period for an Assembly general election—within 7 days of the political donation being received or made (or within such shorter period as may be prescribed by the regulations), and

(b) in any other case—within 6 weeks after the end of the half-year within which the political donation was received or made (or within such longer period as may be prescribed by the regulations).

Note 1.

See section 60 for the extension of the due date for making disclosures in particular cases and section 61 for the amendment of disclosures that have been made.

Note 2.

While certain small political donations are not reportable under this Part if made once in a financial year, section 6(2) provides that such a political donation is a reportable political donation if it and other earlier, separate political donations made by the donor to the same donee within the same financial year would, if aggregated, total an amount that constitutes a reportable political donation.

See also section 19(2)(g) specifying that the disclosure is to include details that separately identify that reportable political donation and the earlier political donation or donations with which it is aggregated.

(2) Despite subsection (1)—

(a) disclosures of reportable political donations required to be made by major political donors are to be made within 6 weeks after the end of the relevant disclosure period within which the political donation was made (or within such longer period as may be prescribed by the regulations), and

Note.

A disclosure by the person or entity who received the reportable political donation may be required at an earlier time under subsection (1).

(b) disclosures of reportable political donations that are political donations for a local government election are to be made within 6 weeks after the end of the half-year within which the political donation was received or made (or within such longer period as may be prescribed by the regulations).

Note.

See section 5(8) for the meaning of a political donation for a local government election.

(3) The regulations may make provision for determining, for the purposes of this section, the date on which a political donation is taken to have been received or made.

(4) For the purposes of this section, the pre-election period for an Assembly general election means the following—

(a) in the case of a general election to be held following the expiry of the Assembly by the effluxion of time—the period from and including 1 October in the year before which the election is to be held to the end of the election day for the election,

(b) in any other case—the period from and including the day of the issue of the writ or writs for the election to the end of the election day for the election.

s 15: Am 2022 No 57, Sch 3[5] [6]; 2026 No 6, Sch 2[7] [8].

16 When disclosures of electoral expenditure to be made

16 When disclosures of electoral expenditure to be made

(cf section 91(1) EFED Act)

Disclosures under this Part of electoral expenditure incurred are to be made within 12 weeks after the end of each relevant disclosure period (or within such longer period as may be prescribed by the regulations).

Note.

Unless otherwise prescribed, disclosures are to be made on or before 22 September for the period ending on 30 June in that year. See section 60 for the extension of the due date for making disclosures in particular cases, and section 61 for the amendment of disclosures that have been made.

17 How are disclosures to be made

17 How are disclosures to be made

(cf section 91(2)–(6) EFED Act)

(1) Disclosures are to be made in a declaration lodged with the Electoral Commission in a manner and form—

(a) determined by the regulations (if any), and

(b) subject to the regulations, approved by the Electoral Commission.

(2) Without limiting subsection (1), the regulations or an approval by the Electoral Commission may make provision for an electronic or internet-based system of lodgment of declarations of disclosures.

(3) A declaration lodged under this section must be accompanied by the documents and information prescribed by the regulations.

(4) A declaration lodged under this section in relation to a relevant disclosure period or a half-yearly period is to contain a statement to the effect that all disclosures required to be made in relation to the period—

(a) have been made, and

(b) are true and correct.

(5) A declaration is required to be lodged under this section in relation to a relevant disclosure period or half-yearly period even if it does not contain any disclosures.

(6) For the purposes of this Act (including this section and sections 14, 22 and 141)—

(a) the declaration is taken to be the making of a disclosure required by this Part, and

(b) the time required by this Part for lodging the declaration is taken to be the time prescribed by sections 15 and 16 for the making of disclosures under this Part.

(7) The regulations may provide for a single declaration of disclosures by the following—

(a) a person or other entity who, in a relevant disclosure period or half-yearly period or in relation to any particular political donations or electoral expenditure, qualifies as more than one of the following—

(i) an associated entity,

(ii) a third-party campaigner,

(iii) a major political donor,

(b) a party agent of a registered party in relation to—

(i) the party, and

(ii) elected members, candidates and groups of candidates who are members of the party, and

(iii) associated entities of the party.

The single declaration of disclosures referred to in paragraph (b) is to separately identify the disclosures relating to the party and to each member, candidate, group or associated entity.

(8) Disclosures in a declaration lodged under this section are required to be vouched for in the manner prescribed by the regulations.

s 17: Am 2022 No 57, Sch 3[7]; 2026 No 6, Sch 2[9].

18 Disclosure of electoral expenditure—further requirements

18 Disclosure of electoral expenditure—further requirements

(1) A disclosure under this Part by a party or a candidate of electoral expenditure incurred during a capped State expenditure period or a capped local government expenditure period is to separately identify expenditure incurred in any category of expenditure specified in the regulations in the manner prescribed by the regulations.

(2) A disclosure of electoral expenditure under this Part by a party in relation to an Assembly general election is to include, as far as possible, details of electoral expenditure incurred substantially for the purposes of the election in a particular electoral district.

(3) For the purposes of subsection (2), electoral expenditure is only incurred for the purposes of the election in a particular electoral district if the expenditure is for advertising or other material that—

(a) explicitly mentions the name of a candidate in the election in that electoral district or the name of the electoral district, and

(b) is communicated to electors in that electoral district, and

(c) is not mainly communicated to electors outside that electoral district.

19 Political donations required to be disclosed

19 Political donations required to be disclosed

(cf section 92 EFED Act)

(1) General Political donations are to be disclosed in accordance with this section.

(2) Reportable political donations Disclosure of reportable political donations is to include disclosure of the following details of each such donation received or made during the relevant disclosure period—

(a) the party, elected member, group or candidate to or for whose benefit the donation was made (or, if the case requires, the third-party campaigner or associated entity to whom the donation was made),

(b) the date on which the donation was received or made,

(c) the name of the donor,

(d) the residential address of the donor (in the case of an individual) or the address of the registered or other official office of the donor (in the case of an entity),

(e) the amount of the donation,

(f) in the case of a donor that is an entity and not an individual—the relevant business number of the entity referred to in section 46,

(g) in relation to the disclosure of a political donation that is a reportable political donation by operation of section 6(2)—details that separately identify that political donation and the earlier political donation or donations with which it is aggregated.

(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 third-party campaigners or 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 of those subscription rates.

Disclosure of a subscription under this subsection is not required if it is disclosed as a reportable political donation.

(5) Fundraising ventures or functions Disclosure of political donations is to include, in connection with fundraising ventures or functions during the relevant disclosure period—

(a) the gross proceeds of each fundraising venture or function, and

(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),

but not including any amount of those proceeds that is separately disclosed as a political donation.

(6) Loans Disclosure of reportable political donations is to include disclosure of the following information in relation to any reportable loan under section 50—

(a) the amount of the loan,

(b) the name and address of the entity or other person making the loan,

(c) the terms and conditions of the loan,

(d) the total loan repayments made under the loan during the relevant disclosure period.

(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.

s 19: Am 2022 No 57, Sch 3[8] [9]; 2026 No 6, Sch 2[12].

20 Electoral expenditure required to be disclosed

20 Electoral expenditure required to be disclosed

(cf section 93 EFED Act)

(1) All electoral expenditure is required to be disclosed under this Part (whether or not it is incurred during the capped State expenditure period or capped local government expenditure period for an election).

(2) Subject to subsection (3), the obligation under this Part to disclose any such expenditure of a party in relation to a relevant disclosure period can be complied with by lodging with the Electoral Commission a copy of a return furnished to the Australian 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.

(3) Subsection (2) has effect only if the return furnished to the Australian Electoral Commission contains the information required by section 18(1) and (2).

Note.

Section 18(1) contains a requirement that a disclosure of electoral expenditure under this Part must separately identify, and provide details of, each individual item of expenditure. Section 18(2) contains a requirement that a disclosure of electoral expenditure under this Part, in relation to an Assembly general election, is to include, as far as possible, details of electoral expenditure incurred substantially for the purposes of the election in a particular electoral district.

21 Separate disclosures not required of same item

21 Separate disclosures not required of same item

(cf section 94 EFED Act)

An item disclosed under this Part—

(a) in relation to an elected member—need not also be disclosed in the member’s capacity as a candidate or as a member of a group, and

(b) in relation to a candidate or a group that includes the candidate—need not also be disclosed in the candidate’s capacity as an elected member, and

(c) in relation to a group—need not also be disclosed in relation to a member of the group, and

(d) in relation to a candidate—need not also be disclosed in relation to the group of which the candidate is a member.

22 Public access to disclosures, expenditure etc

22 Public access to disclosures, expenditure etc

(cf section 95 EFED Act)

(1) The Electoral Commission is to publish on a website maintained by the Electoral Commission—

(a) the disclosures of reportable political donations and electoral expenditure under this Part, and

(b) any 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 Electoral Commission may decline to publish on the website, or may remove from the website, any disclosure of political donations or electoral expenditure that the Electoral Commission has reason to suspect is vexatious, false or misleading.

(3A) If a disclosure contains the residential address of a registered candidate or elected member, the Electoral Commission must—

(a) not publish the residential address on the website, and

(b) when providing a copy of the disclosure for inspection under subsection (4)—only provide a copy of the disclosure that does not include the residential address.

(3B) The Electoral Commission may modify a disclosure published on the website to remove the residential address of a donor who is or was an elected member or registered candidate.

(4) Copies of disclosures made in a declaration under this Part are to be kept by the Electoral Commission 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 Electoral Commission may, on application made to it and the payment of a reasonable fee determined by the Electoral Commission, provide copies of or extracts from any such disclosures kept by the Electoral Commission.

s 22: Am 2026 No 6, Sch 2[13] [14].

Division 3 Caps on political donations

Division 3 Caps on political donations

(cf Division 2A, Part 6 EFED Act)

23 Applicable cap on political donations

23 Applicable cap on political donations

(cf section 95A EFED Act)

Note.

The dollar amounts set out in this section are the adjusted amounts for the financial year beginning 1 July 2017 (see the Election Funding, Expenditure and Disclosures (Adjustable Amounts) Notice under the Election Funding, Expenditure and Disclosures Act 1981). These dollar amounts are to be adjusted for inflation for the financial year beginning 1 July 2018 by Schedule 1.

(1) General cap The applicable cap on political donations is as follows—

(a) $6,100 in the case of any such political donation to or for the benefit of a registered party or of a group,

(b) $2,700 in the case of any such political donation to or for the benefit of—

(i) a party that is not a registered party, or

(ii) an elected member, or

(iii) a candidate, or

(iv) a third-party campaigner, or

(v) an associated entity.

In this subsection, in relation to political donations for local government elections, registered party includes a party registered under the Local Government Act 1993.

Note.

The applicable caps are adjusted for inflation under Schedule 1.

(2) Aggregation of donations during financial year A political donation of or less than an amount specified in subsection (1) made by an entity or other person is to be treated as a donation that exceeds the applicable cap on political donations if that and other separate political donations made by that entity or other person to the same party, elected member, group, candidate, third-party campaigner or associated entity within the same financial year would, if aggregated, exceed the applicable cap on political donations referred to in subsection (1).

(3) Aggregation of donations to elected members, groups or candidates of same party A political donation of or less than an amount specified in subsection (1) made by an entity or other person to an elected member, group or candidate is to be treated as a donation that exceeds the applicable cap on political donations if that and other separate political donations made by that entity or other person to elected members, groups or candidates of the same party within the same financial year would, if aggregated, exceed the applicable cap on political donations to a group referred to in subsection (1).

Note.

Political donations in relation to separately registered parties that are in coalition or otherwise associated are not aggregated and, accordingly, the applicable cap applies separately in relation to each such registered party.

(4) Separate aggregation in relation to local government elections The provisions of subsections (2) and (3) are to be applied separately to political donations for local government elections and to other political donations.

(5) Non-aggregation of contributions to candidate’s own campaign For the avoidance of doubt, a candidate’s contribution to finance the candidate’s own election campaign is not a political donation and is not included in the applicable cap on political donations to the candidate.

Note.

Although there is no applicable political donations cap on a candidate’s contribution to finance the candidate’s own election campaign, Division 4 of this Part still operates to make it unlawful for such a candidate to incur electoral expenditure that exceeds the applicable cap on electoral expenditure set out in that Division.

(6) Indexation of capped amounts Each of the amounts referred to in subsection (1) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

(7) Meaning of candidates etc of same party For the purposes of this section, elected members, groups and candidates are of the same party if the same party endorsed the elected members, members of the group or candidates at the last election (including any subsequent by-election) or are to be endorsed by the same party at the next election. If any such person ceases to be a member of that party after being elected or endorsed as a candidate, the person ceases to be of the same party for the purposes of this section.

24 Prohibition on political donations that exceed applicable cap

24 Prohibition on political donations that exceed applicable cap

(cf section 95B EFED Act)

(1) General prohibition It is unlawful (subject to this section) for a person to accept a political donation to a party, elected member, group, candidate, third-party campaigner or associated entity if the donation exceeds the applicable cap on political donations.

(2) Exception—federal campaign donations It is not unlawful for a person to accept a political donation that exceeds the applicable cap if the donation (or that part of the donation that exceeds the applicable cap) is to be paid into (or held as an asset of) an account kept exclusively for the purposes of federal election campaigns.

(3) A political donation of property (not being money) that is held as an asset of an account kept for federal election campaigns ceases to be excluded by subsection (2) from the prohibition under this section if the proceeds of the disposal of the property are paid into any other account.

(4) Exception for third-party campaigner It is not unlawful for a person to accept a political donation to a third-party campaigner that exceeds the applicable cap if the donation (or that part of the donation that exceeds the applicable cap) is not to be paid into (or held as an asset of) the campaign account of the third-party campaigner under Subdivision 3 of Division 5.

(5) Defence—aggregation If a political donation to a person exceeds the applicable cap because of the aggregation of political donations made to other persons, the acceptance of the donation is not unlawful if the person did not know and could not reasonably have known of the political donations made to the other persons.

(6) Donors required to disclose related corporation donors It is unlawful for an individual to make a political donation on behalf of a corporation that is related to another corporation (as referred to in section 9(8)) that has made a political donation to the same party, elected member, group, candidate, third-party campaigner or associated entity in the same financial year, unless the individual complies with the requirements of the regulations relating to the disclosure to the person accepting the donation of particulars of the other corporation and its political donations.

25 Prohibition on donations to more than 3 third-party campaigners

25 Prohibition on donations to more than 3 third-party campaigners

(1) It is unlawful for a person to make political donations, whether for a State or local government election, to more than 3 third-party campaigners in the same financial year, unless the person making the donation did not know and could not reasonably have known of the political donations made to the other third-party campaigners.

(2) It is unlawful for a third-party campaigner to accept a political donation, whether for a State or local government election, from a person if the person has made political donations to more than 3 third-party campaigners in the same financial year, unless the third-party campaigner accepting the donation did not know and could not reasonably have known of the political donations made to the other third-party campaigners.

(3) This section applies only to a political donation to a third-party campaigner that is to be paid into, or held as an asset of, the campaign account of the third-party campaigner under Division 5, Subdivision 3.

s 25: Subst 2026 No 6, Sch 2[15].

26 Exemption from donation caps

26 Exemption from donation caps

(cf section 95D EFED Act)

(1) A party subscription paid to a party is to be disregarded for the purposes of this Division, except so much of the amount of the subscription as exceeds the relevant maximum subscription under subsection (8).

(2) A party levy paid to a party by an elected member or a candidate who is a member of the party is to be disregarded for the purposes of this Division.

(3) An amount paid, during a financial year in which an Assembly general election or Assembly by-election is conducted, to a party by a candidate in that election who is a member of the party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds the amount of the applicable cap referred to in section 29(12)(a) (as adjusted for inflation by section 29(14) and Schedule 1).

Note.

The applicable cap under section 29(12)(a) (Additional cap for individual Assembly seats) for the 2019 State general election is $61,500.

(4) For the avoidance of doubt, it is not unlawful for a candidate for election to the Assembly who is a member of a registered party, during a financial year in which the election is conducted, to make—

(a) contributions to the party agent for payment into the State Campaign account of the party to finance the candidate’s own election campaign, and

(b) political donations to the party, being—

(i) political donations subject to the general applicable cap in section 23, and

(ii) political donations that are disregarded for the purposes of this Division by subsection (3).

Note.

The applicable caps on electoral expenditure under section 29 for the 2019 State general election limit electoral expenditure by a candidate endorsed by a party to $122,900. Therefore, such a candidate could self fund and make a contribution of that amount to the party agent and also make political donations to the party, during the financial year of the election, of $67,600 (being the sum of $6,100 and $61,500).

(5) An amount paid, during a financial year in which a periodic Council election is conducted, to a party by a candidate in that election, who is a member of the party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds $50,000.

(6) An amount paid, during a financial year in which a periodic Council election is conducted, to a group by a candidate in that election, who is a member of the group but is not a member of a party is to be disregarded for the purposes of this Division, except so much of the amount as exceeds $50,000.

(7) A party subscription is—

(a) an annual or other subscription paid to the party by a member of the party, or

(b) an annual or other subscription paid to the party by an entity or other person (including an industrial organisation) for affiliation with the party.

(8) For the purposes of this section—

(a) the maximum subscription in respect of membership of a party is $2,000, and

(b) the maximum subscription in respect of affiliation with a party is—

(i) if the amount of the subscription is not calculated by reference to the number of members of the affiliate—$2,000, or

(ii) if the amount of the subscription is calculated by reference to the number of members of the affiliate—$2,000 multiplied by the number of those members of the affiliate.

(9) Each of the amounts referred to in subsections (5) and (6) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

Note.

Bequests are not donations for the purposes of this Part (see the definition of gift in section 4) and accordingly are not subject to the political donation cap.

s 26: Am 2018 No 68, Sch 1.11 [3].

Division 4 Caps on electoral expenditure for election campaigns

Division 4 Caps on electoral expenditure for election campaigns

(cf Division 2B, Part 6 EFED Act)

Note—

Under section 7(4)–(5) certain types of expenditure are taken not to be electoral expenditure for the purposes of this Division (for example, expenditure incurred in raising funds for an election or expenditure on travel and travel accommodation for candidates and staff engaged in electoral campaigning).

pt 3, div 4, note: Subst 2022 No 57, Sch 3[10].

27 Capped State expenditure period

27 Capped State expenditure period

(cf section 95H EFED Act)

The applicable cap on electoral expenditure for a State election applies to electoral expenditure during each of the following periods (the capped State expenditure period)—

(a) in the case of a general election to be held following the expiry of the Assembly by the effluxion of time—the period from and including 1 October in the year before which the election is to be held to the end of the election day for the election,

(b) in any other case—the period from and including the day of the issue of the writ or writs for the election to the end of the election day for the election.

28 Capped local government expenditure period

28 Capped local government expenditure period

The applicable cap on electoral expenditure for a local government election applies to electoral expenditure during each of the following periods (the capped local government expenditure period)—

(a) in the case of an ordinary election of the councillors under section 287(1) of the Local Government Act 1993—the period from and including 1 July in the year in which the election is to be held to the end of the election day for the election,

(b) in the case of an election of councillors under section 287(2) of the Local Government Act 1993—the period commencing on the later of the following—

(i) the day that is 3 months before the election day for the election,

(ii) the day that the proclamation was made under that subsection determining the election day for the election,

and concluding at the end of the election day for the election,

(c) in any other case—the period from and including the day on which the date of the election is publicly notified by the person conducting the election to the end of the election day for the election.

29 Applicable caps on electoral expenditure for State election campaigns

29 Applicable caps on electoral expenditure for State election campaigns

(cf section 95F EFED Act)

(1) General The applicable caps on electoral expenditure for a State election campaign are as provided by this section, as modified by section 30 (Aggregation of applicable caps—State election campaigns).

(2) Parties with Assembly candidates in a general election For a State general election, the applicable cap for a party that endorses candidates for election to the Assembly is $122,900 multiplied by the number of electoral districts in which a candidate is so endorsed.

Note.

Under section 9(9) any amount of electoral expenditure incurred by a party for the benefit of a candidate endorsed by the party and invoiced by that party to the candidate for payment is the electoral expenditure of the candidate (that is subject to the applicable cap). Therefore it is not electoral expenditure of the party that is subject to the applicable cap under this subsection.

(3) Subsection (2) does not apply to a party that endorses candidates in a group for election to the Council and endorses candidates for election to the Assembly in not more than 10 electoral districts.

Note.

The total cap for a party that endorses candidates in all 93 electoral districts at a general election is $11,429,700.

(4) Other parties with Council candidates in a general election For a State general election, the applicable cap for a party that endorses candidates in a group for election to the Council, but does not endorse any candidates for election to the Assembly or does not endorse candidates in more than 10 electoral districts, is $1,288,500.

(5) Independent groups of candidates in Council general elections For a periodic Council election, the applicable cap for a group of candidates who are not endorsed by any party is $1,288,500.

(6) Party candidates in Assembly general election For a State general election, the applicable cap for a candidate endorsed by a party for election to the Assembly is $122,900.

(7) Independent candidates in Assembly general election For a State general election, the applicable cap for a candidate not endorsed by any party for election to the Assembly is $184,200.

(8) Non-grouped candidates in Council general election For a periodic Council election, the applicable cap for a candidate who is not included in a group is $184,200.

(9) Candidates in Assembly by-election For a by-election for the Assembly, the applicable cap for a candidate (whether or not endorsed by a party) is $245,600.

(10) Third-party campaigners For a State general election, the applicable cap for a third-party campaigner is—

(a) $1,288,500—if the third-party campaigner was registered under this Act before the commencement of the capped State expenditure period for the election, or

(b) $644,300—in other cases.

(11) For a by-election for the Assembly, the applicable cap for a third-party campaigner is $180,720 for each by-election.

(12) Additional cap for individual Assembly seats The applicable cap for parties and third-party campaigners is subject to an additional cap (within the overall applicable cap) in relation to State general elections, or by-elections in more than one electoral district, for electoral expenditure incurred substantially for the purposes of the election in a particular electoral district, being—

(a) in the case of a party—$61,500 in respect of each such electoral district, or

(b) in the case of a third-party campaigner—

(i) for State general elections—$30,400 in relation to each electoral district, or

(ii) for by-elections in more than one electoral district—$180,720 in relation to each electoral district.

(13) For the purposes of subsection (12), electoral expenditure is only incurred for the purposes of the election in a particular electoral district if the expenditure is for advertising or other material that—

(a) explicitly mentions the name of a candidate in the election in that electoral district or the name of the electoral district, and

(b) is communicated to electors in that electoral district, and

(c) is not mainly communicated to electors outside that electoral district.

(14) Indexation of capped amounts Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

s 29: Am 2022 No 57, Sch 3[11]; 2023 No 55, Sch 1[1] [2].

30 Aggregation of applicable caps—State election campaigns

30 Aggregation of applicable caps—State election campaigns

(cf section 95G EFED Act)

(1) Aggregation of expenditure of multiple endorsed candidates in Assembly electoral district The amount of $122,900 of electoral expenditure in respect of an election in an electoral district in which there are 2 or more candidates endorsed by the same party is, for the purpose of calculating the applicable cap on electoral expenditure by the candidates under section 29(6), to be shared by those candidates (and is not a separate amount for each of those candidates).

(2) Aggregation of expenditure of parties and endorsed Council candidates Electoral expenditure incurred by a party for a State election campaign that is of or less than the amount specified in section 29 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by a candidate or a group for election to the Council who or that is endorsed by the party exceed the applicable cap so specified for the party.

(3) Aggregation of expenditure of endorsed candidates and parties for Assembly by-elections Electoral expenditure incurred by a candidate endorsed by a party for an Assembly by-election that is of or less than the amount specified in section 29 for the candidate is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by the party for that by-election exceed the applicable cap so specified for the candidate.

(4) Aggregation of expenditure of parties, elected members and associated entities Electoral expenditure incurred by a party or an elected member for a State election campaign that is of or less than the amount specified in section 29 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an associated entity of the party or elected member exceed the applicable cap so specified for the party or elected member.

(5) Aggregation of expenditure of elected members not contesting election Electoral expenditure incurred by a party for a State election campaign that is of or less than the amount specified in section 29 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an elected member (being a member of Parliament) who is not a candidate at the State general election, but is a member of the party, exceed the applicable cap so specified for the party.

Note.

A member of Parliament may not be a candidate at a State general election because the member is retiring or is a member of the Legislative Council whose term of office does not expire until the following State general election.

31 Applicable caps on electoral expenditure for local government election campaigns

31 Applicable caps on electoral expenditure for local government election campaigns

(1) General The applicable caps on electoral expenditure for a local government election campaign are as provided by this section, as modified by section 32 (Aggregation of applicable caps—local government election campaigns).

Note.

This Act does not apply to an election of mayor by councillors—see the definition of local government election in section 4.

(2) Parties with candidates For a local government general election or by-election for a local government area or ward, the applicable cap for a party that endorses a candidate for the election (including a candidate for mayor) or a group of candidates for election as councillor (including a group that includes a candidate for mayor) for electoral expenditure for the candidate or group is the amount of the applicable cap for the candidate or group.

(3) Candidates and groups (other than groups including mayoral candidates) For a local government general election or by-election for a local government area or ward, the applicable cap for a candidate (other than a candidate for mayor) or a group of candidates for election as councillor (other than a group that includes a candidate for mayor), whether or not endorsed by any party, is—

(a) $6,000—where the number of enrolled electors for the local government area or ward concerned for the election is 5,000 or fewer, and

(b) $10,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 5,000 but fewer than 10,001, and

(c) $18,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 10,000 but fewer than 20,001, and

(d) $25,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 20,000 but fewer than 30,001, and

(e) $36,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 30,000 but fewer than 50,001, and

(f) $46,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 50,000 but fewer than 75,001, and

(g) $63,500—where the number of enrolled electors for the local government area or ward concerned for the election is more than 75,000 but fewer than 125,001, and

(h) $72,000—where the number of enrolled electors for the local government area or ward concerned for the election is more than 125,000.

(4) Mayoral candidates (and groups including mayoral candidates) For a local government general election or by-election, the applicable cap for a candidate for mayor or a group of candidates that includes a candidate for mayor is—

(a) where the local government area concerned is divided into wards—the sum of the following—

(i) 100% of the applicable cap for a candidate for election as councillor in a ward of the local government area,

(ii) 25% of the applicable cap for a candidate for election as councillor in each of the other wards of the local government area, and

Note.

See section 31A(5) regarding the determination of the number of enrolled electors for a ward and, in particular, section 31A(5)(b) which provides that the number of enrolled electors for a ward in a local government area is the highest number of enrolled electors in any ward in that area.

(b) where the local government area concerned is not divided into wards—125% of the applicable cap for a candidate for election as a councillor of the local government area (other than a candidate for mayor).

(5) Third-party campaigners For a local government general election or by-election for a local government area or ward, the applicable cap for a third-party campaigner is the amount that is one-third of the applicable cap for a candidate for election as councillor (other than mayor) for the local government area or ward election concerned, but if the amount is not a whole number multiple of $10, the amount is to be rounded up to the nearest whole number multiple of $10.

(6) Candidate running for mayor and councillor at same time For the avoidance of doubt, if a person is a candidate for mayor and a candidate for councillor (other than mayor) at the same general election (or a simultaneous by-election for mayor and by-election for councillor (other than mayor)), the applicable cap for the person is the relevant applicable cap for a candidate for mayor.

(7) Indexation of capped amounts Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

s 31: Subst 2019 No 18, Sch 1[2].

31A Meaning of “number of enrolled electors for local government area or ward”

31A Meaning of “number of enrolled electors for local government area or ward”

(1) For the purposes of section 31, the number of enrolled electors for a local government area or ward for an election for a local government area or ward is the number determined by the Electoral Commissioner in accordance with this section.

(2) Timing of determination The Electoral Commissioner is to make the determination as soon as is reasonably practicable after the following date in relation to an election for a local government area or ward—

(a) in the case of an ordinary election of councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election,

(b) in relation to any other election—the date that the election day for the election is first determined or specified by proclamation.

(3) “Relevant date” for determination The relevant date for an election for a local government area or ward is—

(a) in the case of an ordinary election of councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election, or

(b) in relation to any other election—

(i) the date of the previous general election for the local government area concerned, or

(ii) if no general election for the local government area concerned has previously been held—the date that the election day for the election is first specified by proclamation.

(4) The number of enrolled electors for a local government area for an election is the sum of the following as at the relevant date—

(a) the number of electors on the residential roll for the area,

(b) the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the area who must vote at the election if the election is contested.

Note.

See section 286 of the Local Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding compulsory voting at local government elections.

(5) The number of enrolled electors for a ward for an election is to be determined as follows—

(a) the sum of the following for each ward in the local government area concerned as at the relevant date is to be calculated—

(i) the number of electors on the residential roll for the ward,

(ii) the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the ward who must vote at the election if the election is contested,

Note.

See section 286 of the Local Government Act 1993 and section 22 of the City of Sydney Act 1988 regarding compulsory voting at local government elections.

(b) the number of enrolled electors for each ward in that local government area is the highest number calculated under paragraph (a).

(6) The general manager of a local council is, on request, to provide the Electoral Commissioner with the latest copy of the non-residential roll and of the roll of occupiers and ratepaying lessees for the purposes of this section.

(7) Electoral Commission to publish number of enrolled electors for elections The Electoral Commission must, before the commencement of the capped local government expenditure period for an election for a local government area or ward, publish on its website the following information in relation to the election—

(a) the number of enrolled electors for the local government area or ward determined in accordance with this section,

(b) the corresponding applicable caps that apply to the local government area or ward.

(8) Electoral Commission to notify candidates of number of enrolled electors for elections The Electoral Commission, as soon as is reasonably practicable after the later of the following occurs—

(a) the registration of a person as a candidate on a Local Government Register of Candidates for an election under Part 7,

(b) the determination of a number of enrolled electors at the election for a local government area or ward for which a person is registered as a candidate,

is to provide the person with the following information in relation to the election—

(c) the number of enrolled electors for the local government area or ward determined in accordance with this section,

(d) the corresponding applicable caps that apply to the local government area or ward.

(9) Regulations may deal with determinations and redeterminations in certain circumstances The regulations may deal with the following—

(a) failures by general managers of local councils to comply with requests for copies of rolls under this section,

(b) the redetermination of the number of enrolled electors for a local government area or ward if the local council concerned divides its area into wards, abolishes all its wards, changes its number of wards or alters its ward boundaries,

(c) the provision of information to the Electoral Commissioner by general managers of local councils,

(d) the determination or redetermination of the number of enrolled electors for a local government area or ward for an election if the election is delayed or postponed (including, without limitation, a delay or postponement of an election under section 288 or Part 6A of Chapter 10 of the Local Government Act 1993).

s 31A: Ins 2019 No 18, Sch 1[2].

32 Aggregation of applicable caps—local government election campaigns

32 Aggregation of applicable caps—local government election campaigns

(1) Aggregation of expenditure of parties, elected members and associated entities Electoral expenditure incurred by a party or an elected member for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by an associated entity of the party or elected member for the candidate or group exceed the applicable cap so specified for the party.

(2) Aggregation of expenditure of groups and candidates within the group Electoral expenditure incurred by a group of candidates for a local government election campaign that is of or less than the amount specified in section 31 for the group is to be treated as expenditure that exceeds the applicable cap if that expenditure and any other electoral expenditure incurred by a candidate who is a member of the group (including a member of the group who is a candidate for mayor) exceed the applicable cap so specified for the group.

(2A) For the avoidance of doubt, for the purposes of subsection (2), electoral expenditure incurred by a candidate includes electoral expenditure incurred for the candidate by a party that endorsed the candidate as referred to in subsection (4).

(3) Aggregation of expenditure of parties and councillors not contesting election Electoral expenditure incurred by a party for a local government election campaign for a candidate or group of candidates that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if the total of the following expenditure exceeds the applicable cap specified for the party—

(a) the electoral expenditure incurred by the party for the local government election campaign for the candidate or group,

(b) any other electoral expenditure incurred by an elected member for the candidate or group, being a councillor (including a mayor) of the council of the local government area, who is—

(i) a member of the party, and

(ii) not a candidate at the local government election.

Note.

A retiring councillor or mayor is not a candidate at a local government general election.

(4) Aggregation of expenditure of candidates, groups, parties and associated entities Electoral expenditure incurred by a candidate or a group of candidates that is of or less than the amount specified in section 31 for the candidate or group is to be treated as expenditure that exceeds the applicable cap if that expenditure and electoral expenditure for the candidate or group by a party that endorsed the candidate or group exceed the applicable cap specified for the candidate or group.

(5) Electoral expenditure incurred by a party for a candidate or group of candidates endorsed by the party that is of or less than the amount specified in section 31 for the party is to be treated as expenditure that exceeds the applicable cap if that expenditure and electoral expenditure that is incurred by the candidate or group exceed the applicable cap specified for the party.

(6) For the purposes of subsections (4) and (5), electoral expenditure incurred by a party for an election for a candidate or group of candidates includes electoral expenditure incurred by the following persons or bodies for the election for the candidate or group—

(a) an associated entity of the party,

(b) an associated entity of an elected member who is a member of the party.

(7) The regulations may make provision for or with respect to the apportionment of electoral expenditure incurred by a party for candidates or groups of candidates endorsed by the party among those candidates or groups for the purposes of this section.

s 32: Am 2019 No 18, Sch 1[3]–[10]; 2024 No 11, Sch 1.2[1].

33 Prohibition on incurring electoral expenditure exceeding applicable cap during State election campaigns and local government election campaigns

33 Prohibition on incurring electoral expenditure exceeding applicable cap during State election campaigns and local government election campaigns

(cf section 95I EFED Act)

(1) It is unlawful for a party, group, candidate, third-party campaigner or associated entity to incur electoral expenditure for a State election campaign during the capped State expenditure period for the election if it exceeds the applicable cap on electoral expenditure.

(2) It is unlawful for a party, group, candidate, third-party campaigner or associated entity to incur electoral expenditure for a local government election campaign during the capped local government expenditure period for the election if it exceeds the applicable cap on electoral expenditure.

(3) If the electoral expenditure of any party, group, candidate, third-party campaigner or associated entity is less than the applicable cap, the balance is not transferable so as to increase the applicable cap of any other party or person.

(4) The applicable cap for a candidate or group of candidates is for electoral expenditure directed at the election of the candidate or group.

34 When electoral expenditure is incurred

34 When electoral expenditure is incurred

(cf section 95J EFED Act)

(1) For the purposes of this Division, electoral expenditure is taken to be incurred when the services for which the expenditure is incurred are actually provided or the goods for which the expenditure is incurred are actually delivered.

(2) In particular—

(a) expenditure on advertising is incurred when the advertising is broadcast or published, and

(b) expenditure on the production and distribution of election material is incurred when the material is distributed, and

(c) expenditure on the employment of staff is incurred during the period of their employment, and

(d) expenditure of a class prescribed by the regulations is incurred at the time so prescribed.

35

35 (Repealed)

Division 5 Management of donations and expenditure

Division 5 Management of donations and expenditure

(cf Division 3, Part 6 EFED Act)

pt.3-div.5-sdiv.1 Management requirements for parties

Subdivision 1 Management requirements for parties

36 Requirements for parties

36 Requirements for parties

(cf section 96 EFED Act)

(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 following—

(a) the administration of the party and community activities,

(b) electoral expenditure for State elections and local government elections,

(c) electoral expenditure for or on behalf of elected members, candidates or groups of candidates who are members of the party.

(2) In particular, it is unlawful for political donations to be used for the personal use of an individual acting in a private capacity.

(3) It is unlawful for a party to make payments for electoral expenditure—

(a) for a State election campaign unless the payment is made from the State campaign account of the party kept in accordance with this Subdivision, or

(b) for a local government election campaign unless the payment is made from the local government campaign account of the party kept in accordance with this Subdivision.

37 Campaign accounts of parties

37 Campaign accounts of parties

(cf section 96 EFED Act)

(1) The State campaign account and the local government campaign account of a party are each to be separate accounts with an authorised deposit-taking institution denominated in Australian dollars.

(2) The following may be paid into the State campaign account of a party—

(a) political donations made to the party (including the proceeds of the investment or disposal of any political donation of property that is held as an asset of the account) other than political donations (or the proceeds of political donations) paid into a local government or federal campaign account,

(b) political donations paid to a party agent of the party on behalf of an elected member, candidate or group,

(c) contributions by candidates to finance the candidates’ own election campaigns,

(d) payments made to the party under Part 4 (Public funding of State election campaigns) at any time,

(e) money borrowed by the party at any time (other than money borrowed for a local government or federal election),

(f) a bequest to the party,

(g) money belonging to the party on 1 January 2011,

(h) the proceeds of the investment or disposal of any other property belonging to the party on or before 1 January 2011,

(i) the proceeds of an investment made, or disposal of property purchased, after 1 January 2011 from money or proceeds of the kind referred to in paragraphs (g) and (h),

(j) any other money of a kind that is prescribed by the regulations for the purposes of this subsection.

(3) However, the following may not be paid into the State campaign account of a party—

(a) a party subscription referred to in section 26, other than any amount that exceeds the maximum subscription referred to in that section and that constitutes a political donation to the party,

(b) any amount of a political donation to the party that exceeds the applicable cap on political donations to the party, elected member, candidate or group under section 23,

(c) any money paid to the party under Part 5 (Administrative and New Party policy development funding),

(d) any other money of a kind that is prescribed by the regulations for the purposes of this subsection.

(4) The following may be paid into the local government campaign account of a party—

(a) political donations made to the party that do not exceed the applicable cap on political donations to the party for a local government election (including the proceeds of the investment or disposal of any political donation of property for a local government election that is held as an asset of the account),

(b) political donations paid to a party agent of the party on behalf of an elected member, candidate or group,

(c) contributions by candidates to finance the candidates’ own election campaigns,

(d) money borrowed by the party at any time for a local government election,

(e) any other money of a kind that is prescribed by the regulations for the purposes of this subsection.

(5) However, the following may not be paid into the local government campaign account of a party—

(a) a party subscription referred to in section 26,

(b) any amount of a political donation to the party that exceeds the applicable cap on political donations to the party, elected member, candidate or group under section 23,

(c) any other money of a kind that is prescribed by the regulations for the purposes of this subsection.

(6) This section does not prevent payments being made out of the State campaign account, or the local government campaign account, of a party that are in addition to the payments for electoral expenditure referred to in section 36.

(7) For the avoidance of doubt, an amount of a political donation to a party, elected member, candidate or group that exceeds the applicable cap on political donations under section 23 may be paid into a campaign account of the party despite subsections (3)(b) and (5)(b) if that part of the donation that exceeds the applicable cap is immediately then paid out of the campaign account and paid into an account kept exclusively for the purposes of federal election campaigns.

Note.

Section 24(2) provides that it is not unlawful for a person to accept a political donation that exceeds the applicable cap if the donation (or that part of the donation that exceeds the applicable cap) is to be paid into an account kept exclusively for the purposes of federal election campaigns.

(8) If political donations are required to be paid to a party agent on behalf of an elected member, group or candidate and paid into a campaign account of the party, the funds of (and relevant transactions relating to) each member, group or candidate are to be accounted for separately.

(9) Any amount standing to the account of an elected member, group or candidate that remains in a campaign account after the elected member, group or candidate ceases to be an elected member, group or candidate becomes the property of the party.

(10) The regulations may make provision for or with respect to campaign accounts (including the control of accounts, separately accounting for amounts held for elected members, groups and candidates and the provision of information to and the audit of accounts by the Electoral Commission).

s 37: Am 2022 No 57, Sch 3[13].

pt.3-div.5-sdiv.2 Management requirements for elected members, groups and candidates

Subdivision 2 Management requirements for elected members, groups and candidates

38 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—members of registered parties

38 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—members of registered parties

(cf section 96A EFED Act)

(1) This section applies to an elected member, group or candidate if a party agent is, under section 14, the person responsible for making a disclosure required under this Part on behalf of the elected member, group or candidate.

(2) It is unlawful for political donations to an elected member to be accepted unless the donations are paid to the party agent.

(3) 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 donations are paid to the party agent.

(4) 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 party agent into the campaign account of the party of the party agent kept in accordance with this Division, and

(b) the payment for that electoral expenditure is made by that party agent from that campaign account.

(5) It is unlawful for a party agent or any person authorised to operate a campaign account under this section to make payments for electoral expenditure for an elected member’s election or re-election unless the payments are made from the campaign account of the elected member’s party kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

(6) It is unlawful for a party agent or any person authorised to operate a campaign account under this section to make payments for electoral expenditure for a candidate or group’s election or re-election unless the group or candidate is registered under this Act and the payments are made from the campaign account of the candidate or group’s party kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

(7) Subject to the regulations, if this section applies to an elected member, group or candidate—

(a) the party agent concerned is to be authorised to operate the relevant campaign account of the party and is to operate the account, and

(b) the party agent concerned may appoint in writing a person to operate such a campaign account of the party in order to make payments for electoral expenditure from a campaign account on behalf of the party agent for an elected member, group or candidate.

(8) In addition to political donations, money may be paid into a campaign account by the elected member, group or candidate for whom the account is operated.

(9) For subsection (8), the amount paid and the terms on which the payment was made must be disclosed in the relevant declaration lodged under this part.

Note—

Section 76(3) requires electoral funding payments under Part 4 for a candidate to be paid into the relevant campaign account.

s 38: Am 2026 No 6, Sch 2[16].

39 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—independent

39 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—independent

(cf section 96A EFED Act)

(1) This section applies to an elected member, group or candidate to which section 38 does not apply.

(2) It is unlawful for political donations to a group or candidate to be accepted unless the group or candidate is registered under this Act.

(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 elected member, group or candidate into a campaign account of the member, group or candidate kept in accordance with this Division, and

(b) the payment for that electoral expenditure is made by that elected member, group or candidate from that campaign account.

(4) It is unlawful for an elected member to make payments for electoral expenditure for the elected member’s own election or re-election unless the payments are made from the elected member’s campaign account kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

(5) It is unlawful for a candidate or group to make payments for electoral expenditure for the candidate or group’s own election or re-election unless the group or candidate is registered under this Act and the payments are made from the candidate or group’s campaign account kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

(6) Subject to the regulations, an individual (other than an elected member or candidate) may be appointed in writing by an elected member, group or candidate to accept political donations to be made to the elected member, group or candidate or to make payments for electoral expenditure from a campaign account by the elected member, group or candidate, or both.

40 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—general provisions

40 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—general provisions

(1) 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 41(6).

(2) Despite anything to the contrary in this Division, 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 is less than $1,000, or

(b) the political donations are not reportable political donations and the total amount of electoral expenditure for the election period is less than $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 election day for the election and also includes the period commencing 30 days after the election day for the previous general election for the State or local government area, as the case requires.

41 Campaign accounts of elected members, groups or candidates

41 Campaign accounts of elected members, groups or candidates

(cf section 96B EFED Act)

(1) This section applies to an elected member, group or candidate to which section 38 does not apply.

(2) The campaign account of an elected member, group or candidate is to be a separate account with an authorised deposit-taking institution denominated in Australian dollars.

(3) The elected member or candidate for whom the account is operated is to be authorised to operate the account and is to operate the account.

(4) The lead candidate of the group (within the meaning of section 14) for whom the account is operated is to be authorised to operate the account and is to operate the account.

(5) In addition to political donations, money may be paid into a campaign account by the elected member, group or candidate for whom the account is operated. 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.

Note.

Section 76(3) requires electoral funding payments under Part 4 (Public funding of State election campaigns) for a candidate to be paid into the relevant campaign account.

(6) 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 for whom the account is operated, or

(b) with the approval of the elected member, group or candidate for whom the account is operated, for the purposes of lawful expenditure referred to in section 36 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 for whom the account is operated 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 for whom the account is operated or in connection with community activities.

(7) Any amount remaining in a campaign account after the elected member, group or candidate for whom the account is operated 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) operated for 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 Electoral Commission (if the person cannot be contacted after due inquiry).

(8) 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 Electoral Commission).

pt.3-div.5-sdiv.3 Management requirements for third-party campaigners and associated entities

Subdivision 3 Management requirements for third-party campaigners and associated entities

42 Requirements for third-party campaigners

42 Requirements for third-party campaigners

(cf section 96AA EFED Act)

(1) It is unlawful for a third-party campaigner to make payments for electoral expenditure incurred for a State election during a capped State expenditure period, or to accept political donations for the purposes of incurring that expenditure, unless—

(a) the third-party campaigner is registered under this Act in the State Register of Third-party Campaigners, and

(b) the third-party campaigner has an official agent, and

(c) the payments are made by, and the donations are made to, that agent.

Note.

Section 117 prevents registration of third-party campaigners in the period of 7 days before any State general election.

(2) It is unlawful for a third-party campaigner to make payments for electoral expenditure incurred for a local government election during a capped local government expenditure period, or to accept political donations for the purposes of incurring that expenditure, unless—

(a) the third-party campaigner is registered under this Act in the Local Government Register of Third-party Campaigners, and

(b) the third-party campaigner has an official agent, and

(c) the payments are made by, and the donations are made to, that agent.

Note.

Section 117 prevents registration of third-party campaigners in the period of 7 days before any local government general election.

(3) It is unlawful for third-party campaigners to make payments for any such electoral expenditure, or to use political donations for any such purpose, unless—

(a) the payments for that expenditure are made by the official agent of the third-party campaigner from a campaign account of the third-party campaigner kept in accordance with this Division, and

(b) the donations were paid by the official agent into the campaign account of the third-party campaigner kept in accordance with this Division.

(4) Subject to the regulations, a person may be appointed in writing by the official agent of a third-party campaigner to make payments for electoral expenditure from a campaign account by the official agent or to accept political donations to be made to the official agent, or both.

43 Requirements for associated entities

43 Requirements for associated entities

(1) It is unlawful for an associated entity to make payments for electoral expenditure incurred during a capped expenditure period, or to accept political donations for the purposes of incurring that expenditure, unless—

(a) the associated entity is registered under this Act in the Register of Associated Entities, and

(b) the associated entity has an official agent, and

(c) the payments are made by, and the donations are made to, that agent.

(2) It is unlawful for an associated entity to make payments for any such electoral expenditure, or to use political donations for any such purpose, unless—

(a) the payments for that expenditure are made by the official agent of the associated entity from a campaign account of the associated entity kept in accordance with this Division, and

(b) the donations were paid by the official agent into the campaign account of the associated entity kept in accordance with this Division.

(3) Subject to the regulations, a person may be appointed in writing by the official agent of an associated entity to make payments for electoral expenditure from a campaign account by the official agent or to accept political donations to be made to the official agent, or both.

(4) The regulations may prescribe amounts of a kind that must not be paid into the campaign account of an associated entity.

44 Campaign account of associated entities and third-party campaigners

44 Campaign account of associated entities and third-party campaigners

(1) The campaign account of an associated entity or third-party campaigner is to be a separate account with an authorised deposit-taking institution denominated in Australian dollars.

(2) The following may not be paid into the campaign account of a third-party campaigner—

(a) any amount of a political donation to the third-party campaigner that exceeds the applicable cap on political donations to the campaigner under Division 3,

(b) any other amount of a kind that is prescribed by the regulations.

(3) This Subdivision does not prevent payments being made out of the campaign account of an associated entity or a third-party campaigner that are in addition to the payments for electoral expenditure referred to in this Subdivision.

pt.3-div.5-sdiv.4 General

Subdivision 4 General

45 Person accepting reportable political donations to record details

45 Person accepting reportable political donations to record details

(cf section 96C EFED Act)

(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 regulations as to the circumstances in which the donor is obliged to disclose the donation under this Part).

Note.

Section 145 requires the 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 equal or exceed $1,000.

Division 6 Prohibition of certain political donations etc

Division 6 Prohibition of certain political donations etc

(cf Division 4, Part 6 EFED Act)

46 Identification of persons from whom donations can be accepted

46 Identification of persons from whom donations can be accepted

(cf section 96D EFED Act)

(1) It is unlawful for a political donation to a party, elected member, group, candidate, associated entity or third-party campaigner to be accepted unless the donor is—

(a) an individual who—

(i) is enrolled (within the meaning of the Electoral Act 2017), or

(ii) is enrolled on the roll of electors for federal elections, or

(iii) is enrolled on the roll of electors for a local government election, or

(iv) if not so enrolled, has supplied to the Electoral Commission identification that is acceptable to the Electoral Commission showing the individual’s full name and an Australian residential address, or

(b) an entity that has a relevant business number or a principal or executive officer of which has supplied to the Electoral Commission identification that is acceptable to the Electoral Commission showing the principal or officer’s full name and an Australian residential address.

(2) A relevant business number is—

(a) an Australian Business Number (ABN), or

(b) any other number allocated or recognised by the Australian Securities and Investments Commission for the purposes of identifying the entity.

(3) The regulations may make provision as to what identification is acceptable for the purposes of this section.

(4) The objects of this section are—

(a) to create certainty about who is making a political donation, by requiring the donor to be properly identified, and

(b) to remove a perception that certain foreign donors could exert influence over the Australian political process, by requiring a donor to have a legitimate link with Australia, either through residence of the donor or its principal or executive officer or by being registered in Australia.

47 Prohibition on certain indirect campaign contributions

47 Prohibition on certain indirect campaign contributions

(cf section 96E EFED Act)

Note.

The dollar amounts set out in this section are amounts equivalent to the applicable cap on political donation amounts for the financial year beginning 1 July 2017 (see the Election Funding, Expenditure and Disclosures (Adjustable Amounts) Notice under the Election Funding, Expenditure and Disclosures Act 1981). These dollar amounts are to be adjusted for inflation for the financial year beginning 1 July 2018 by Schedule 1.

(1) It is unlawful for a person to make any of the following indirect campaign contributions to a party, elected member, group, associated entity, third-party campaigner, 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, associated entity, third-party campaigner, or candidate of electoral expenditure for advertising or other purposes incurred or to be incurred by the party, elected member, group, associated entity, third-party campaigner, 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, associated entity, third-party campaigner, or candidate of electoral expenditure for advertising incurred or to be incurred by the party, elected member, group, associated entity, third-party campaigner, 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, associated entity, third-party campaigner, 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 Electoral Commission, 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 to or done for the benefit of a registered party or a group whose value as a gift does not exceed $6,100, unless the total value of all such things provided or done by the same person over the same financial year (ending 30 June) exceeds $6,100, or

(d) anything provided to or done for the benefit of the following whose value as a gift does not exceed $2,700, unless the total value of all such things provided or done by the same person over the same financial year (ending 30 June) exceeds $2,700—

(i) a party that is not a registered party,

(ii) an elected member,

(iii) a candidate, or

(e) a payment under Part 4 (Public funding of State election campaigns) or Part 5 (Administrative and New Party policy development funding), or

(f) any other thing of a kind permitted by the regulations.

(4) Each of the amounts referred to in subsection (3)(c) and (d) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.

s 47: Am 2026 No 6, Sch 2[17].

48 Prohibition on political donations to independent candidates by parties and associated entities and persons

48 Prohibition on political donations to independent candidates by parties and associated entities and persons

(cf section 96EA EFED Act)

(1) It is unlawful for a party, or a candidate or elected member endorsed by a party or an associated entity of a party, to make a political donation to a candidate, or a group of candidates, not endorsed by that or any other party.

(2) It is unlawful for such a candidate or candidates to accept the political donation.

49 Prohibition on receiving gifts of unknown source

49 Prohibition on receiving gifts of unknown source

(cf section 96F EFED Act)

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 the donor’s 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 donor.

50 Prohibition on receiving loans unless details recorded

50 Prohibition on receiving loans unless details recorded

(cf section 96G EFED Act)

(1) It is unlawful for a person to receive a reportable loan (other than a loan from a financial institution), unless, within 30 days of receiving the loan, 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) 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.

(3) In this section—

financial institution means an entity whose principal business is the provision of financial services or financial products, and includes an authorised deposit-taking institution.

loan means an advance of money, the provision of credit or any other transaction that in substance effects a loan of money.

reportable loan means a loan that, if it had been a gift, would be a reportable political donation that is required to be disclosed under this Part.

s 50: Am 2026 No 6, Sch 2[18].

50A Prohibition on political donations in cash that exceed $100

50A Prohibition on political donations in cash that exceed $100

(1) It is unlawful for a person to make a political donation in cash that exceeds the value of $100.

(2) It is unlawful for a person to accept a political donation in cash that exceeds the value of $100.

s 50A: Ins 2019 No 22, sec 3.

Division 7 Prohibition of donations from property developers or tobacco, liquor or gambling industries

Division 7 Prohibition of donations from property developers or tobacco, liquor or gambling industries

(cf Division 4A, Part 6 EFED Act)

51 Meaning of “prohibited donor”

51 Meaning of “prohibited donor”

(cf section 96GAA EFED Act)

For the purposes of this Division, a prohibited donor is—

(a) a property developer, or

(b) a tobacco industry business entity, or

(c) a liquor or gambling industry business entity,

and includes any industry representative organisation if the majority of its members are such prohibited donors.

52 Political donations by prohibited donors unlawful

52 Political donations by prohibited donors unlawful

(cf section 96GA EFED Act)

(1) It is unlawful for a prohibited donor to make a political donation.

(2) It is unlawful for a person to make a political donation on behalf of a prohibited donor.

(3) It is unlawful for a person to accept a political donation that was made (wholly or partly) by a prohibited donor or by a person on behalf of a prohibited donor.

(4) It is unlawful for a prohibited donor to solicit another person to make a political donation.

(5) It is unlawful for a person to solicit another person on behalf of a prohibited donor to make a political donation.

Note.

Section 145 makes it an offence for a person to do any act that is unlawful under this Division if the person is, at the time of the act, aware of the facts that result in the act being unlawful. Section 58 also provides for the recovery by the Electoral Commission of unlawful political donations.

53 Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity”

53 Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity”

(cf section 96GB EFED Act)

(1) Each of the following persons is a property developer for the purposes of this Division—

(a) an individual or a corporation if—

(i) the individual or a corporation carries on a business mainly concerned with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, and

(ii) in the course of that business—

(A) 1 relevant planning application has been made by or on behalf of the individual or corporation and is pending, or

(B) 3 or more relevant planning applications made by or on behalf of the individual or corporation have been determined within the preceding 7 years,

(b) a person who is a close associate of an individual or a corporation referred to in paragraph (a).

Note.

If a person makes a political donation within 12 months before becoming a property developer, the person must pay double that amount to the State—see section 58(3).

(2) Any activity engaged in by an individual or corporation for the dominant purpose of providing commercial premises at which the individual or corporation, or a related body corporate of the corporation, will carry on business is to be disregarded for the purpose of determining whether the individual or corporation is a property developer unless that business involves the sale or leasing of a substantial part of the premises.

(3) Each of the following persons is a tobacco industry business entity—

(a) a corporation engaged in a business undertaking that is mainly concerned with the manufacture or sale of tobacco products,

(b) a person who is a close associate of a corporation referred to in paragraph (a).

(4) Each of the following persons is a liquor or gambling industry business entity—

(a) a corporation engaged in a business undertaking that is mainly concerned with either or a combination of the following, but only if it is for the ultimate purpose of making a profit—

(i) the manufacture or sale of liquor products,

(ii) wagering, betting or other gambling (including the manufacture of machines used primarily for that purpose),

(b) a person who is a close associate of a corporation referred to in paragraph (a),

(c) a registered club within the meaning of the Registered Clubs Act 1976, if the business undertaken by the registered club includes wagering, betting or other gambling,

(d) a person who, for a registered club referred to in paragraph (c), is—

(i) the secretary of the registered club, or

(ii) a member of the governing body of the registered club, or

(iii) the spouse of the secretary or member of the governing body, or

(iv) a close associate of the registered club.

(5) In this section—

close associate of a corporation means each of the following—

(a) a director or officer of the corporation or the spouse of such a director or officer,

(b) a related body corporate of the corporation,

(c) a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20% or the spouse of such a person,

(d) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to that stapled security,

(e) if the corporation is a trustee, manager or responsible entity in relation to a trust—a person who holds more than 20% of the units in the trust (in the case of a unit trust) or is a beneficiary of the trust (in the case of a discretionary trust),

(f) in relation to a corporation that is a property developer referred to in subsection (1)(a)—a person in a joint venture or partnership with the property developer in connection with a relevant planning application made by or on behalf of the property developer who is likely to obtain a financial gain if development that would be or is authorised by the application is authorised or carried out.

close associate of an individual means each of the following—

(a) the spouse of the individual,

(b) in relation to an individual who is a property developer referred to in subsection (1)(a)—a person in a joint venture or partnership with the property developer in connection with a relevant planning application made by or on behalf of the property developer who is likely to obtain a financial gain if development that would be or is authorised by the application is authorised or carried out.

officer has the same meaning as in the Corporations Act 2001 of the Commonwealth.

related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.

relevant planning application has the same meaning as in section 10.4 (Disclosure of political donations and gifts) of the Environmental Planning and Assessment Act 1979.

spouse of a person includes a de facto partner of that person.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

stapled entity means an entity the interests in which are traded along with the interests in another entity as stapled securities and (in the case of a stapled entity that is a trust) includes any trustee, manager or responsible entity in relation to the trust.

voting power has the same meaning as in the Corporations Act 2001 of the Commonwealth.

s 53: Am 2023 No 3, Sch 1.

54 Loans included as political donations

54 Loans included as political donations

(cf section 96GC EFED Act)

(1) A loan that, if it had been a gift, would be a political donation is to be regarded as a political donation for the purposes of this Division unless the loan is from a financial institution.

(2) In this section—

financial institution means an entity whose principal business is the provision of financial services or financial products, and includes an authorised deposit-taking institution.

loan means an advance of money, the provision of credit or any other transaction that in substance effects a loan of money.

55 Exception for membership subscriptions

55 Exception for membership subscriptions

(cf section 96GD EFED Act)

An annual or other subscription paid to a party by an individual as a member of the party or for the individual’s affiliation with the party is not a political donation for the purposes of this Division unless it is a reportable political donation.

Note.

A political donation of $1,000 or more is a reportable political donation—see section 6.

56 Determination by Electoral Commission that person not a prohibited donor

56 Determination by Electoral Commission that person not a prohibited donor

(cf section 96GE EFED Act)

(1) A person (the applicant) may apply to the Electoral Commission for a determination by the Electoral Commission that the applicant or another person is not a prohibited donor for the purposes of this Division.

(2) The Electoral Commission is authorised to make such a determination if the Electoral Commission is satisfied that it is more likely than not that the person is not a prohibited donor. The Electoral Commission is to make its determination solely on the basis of information provided by the applicant.

(3) The Electoral Commission’s determination remains in force for 12 months after it is made but can be revoked by the Electoral Commission at any time by notice in writing to the applicant.

(4) The Electoral Commission’s determination is conclusively presumed to be correct in favour of any person for the purposes of a political donation that the person makes or accepts while the determination is in force (even if the determination is subsequently found to be incorrect).

(5) The Electoral Commission’s determination is not presumed to be correct in favour of any person who makes or accepts a political donation knowing that information provided to the Electoral Commission in connection with the making of the determination was false or misleading in a material particular.

(6) The Electoral Commission is to maintain a public register of the determinations made under this section and is to publish the register on a website maintained by the Electoral Commission.

(7) The Electoral Commission may establish and publicise policies as to how the Electoral Commission will deal with applications for determinations under this section.

Division 8 Miscellaneous

Division 8 Miscellaneous

(cf Division 5, Part 6 EFED Act)

56A Candidates dis-endorsed during election campaigns

56A Candidates dis-endorsed during election campaigns

(1) This section applies to State elections.

(2) A party agent of a registered party may, by written notice given in an approved way, notify the Electoral Commission the party has dis-endorsed a candidate.

(3) The party agent of the registered party must give a copy of the notice to the candidate.

(4) On and from the receipt of the notice by the Electoral Commission, the following applies—

(a) despite section 14(1)(d) and (e), the person responsible for making a disclosure required under this part for the candidate is the candidate and not the party agent of the registered party,

(b) for a candidate in an Assembly general election—

(i) the applicable cap for the party is not reduced to exclude the candidate’s electoral district, and

(ii) the applicable cap for the candidate remains the amount under section 29(6),

(c) for a candidate in a periodic Council election—the applicable cap for the candidate is the amount under section 29(8).

(5) A written notice given under subsection (2) is not invalid because of a failure to comply with subsection (3).

(6) The regulations may make further provision dealing with the consequences of the giving of notices under this section.

s 56A: Ins 2026 No 6, Sch 2[19].

57 Exception to aggregation for small donations at fundraising ventures and functions

57 Exception to aggregation for small donations at fundraising ventures and functions

(1) This section applies to a political donation that—

(a) is of an amount of $100 or less, and

(b) was made by a person at a fundraising venture or function, and

(c) was the only such donation made by that person at that venture or function.

(2) The provisions of sections 6 and 23 relating to the aggregation of political donations—

(a) do not apply in relation to the acceptance of a political donation to which this section applies by a party, elected member, group, candidate, associated entity or third-party campaigner, and

(b) do apply in relation to the making of a political donation to which this section applies.

Note.

Section 19(3) (Small donations) requires disclosure of political donations (that are not reportable political donations) 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.

Section 19(5) (Fundraising ventures or functions) requires disclosure of political donations in connection with fundraising ventures or functions to include—

(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), and

(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),

but not any amount of those proceeds that is separately disclosed as a political donation.

s 57: Am 2022 No 57, Sch 3[14].

58 Recovery of unlawful donations and expenditure and certain other property developer donations

58 Recovery of unlawful donations and expenditure and certain other property developer donations

(cf section 96J EFED Act)

(1) If a person accepts a political donation, loan or indirect campaign contribution that is unlawful because of this Part, an amount equal to the amount or value of the donation, loan or contribution (or double that amount if the person knew that it was unlawful) is payable by that person to the State and may be recovered by the Electoral Commission as a debt due to the State from—

(a) in the case of a donation, loan or contribution received by a party—the party, or

(b) in any other case—the person who received the donation, loan or contribution or the official agent of the person.

(2) Subsection (1) extends to a political donation that would be unlawful under this Part but for section 24(5) or 25(3).

(3) If—

(a) a person makes a political donation, and

(b) within 12 months of making that donation the person becomes a property developer (within the meaning of Division 7),

the person must pay an amount that is double the amount or value of the donation to the State and that amount may be recovered by the Electoral Commission as a debt due to the State.

(4) If a person incurs electoral expenditure that is unlawful because of this Part, an amount equal to double the amount or value of the expenditure is payable by that person to the State and may be recovered by the Electoral Commission as a debt due to the State.

(5) A cause of action to recover money under this section may only be commenced within 10 years from—

(a) for a political donation, loan or indirect campaign contribution referred to in subsections (1) and (2)—the date on which the donation, loan or contribution was accepted, or

(b) for a political donation referred to subsection (3)—the date on which the donation was made, or

(c) for electoral expenditure referred to subsection (4)—the date on which the expenditure was incurred.

Note.

Section 78 provides that if the Electoral Commission is authorised under this section to recover an amount from a party or candidate (or from the party agent of the party), the Electoral Commission may deduct the amount from any payment (other than an advance payment) under Part 4 (Public funding of State election campaigns).

Section 94 provides that the Electoral Commission may deduct from any payment due under Part 5 (Administrative and New Party policy development funding) in respect of a party or elected member any amount that the Electoral Commission is authorised by this Part to recover as a debt from the party or elected member or agent of the party or elected member.

Section 96 provides that if the Electoral Commission is authorised under this section to recover an amount from a party or elected member (or from the party agent of the party or member), the Electoral Commission may deduct the amount from any payment under Part 5 (Administrative and New Party policy development funding).

s 58: Am 2022 No 57, Sch 3[15]; 2026 No 6, Sch 2[20].

59 Electoral Commission may audit disclosures

59 Electoral Commission may audit disclosures

(cf section 96K EFED Act)

(1) The Electoral Commission may audit a declaration of disclosures under this Part (other than a declaration lodged by a major political donor).

(2) A party, party agent, official agent, elected member, group, candidate, third-party campaigner or associated entity must assist the Electoral Commission by—

(a) giving the Electoral Commission full and free access at all reasonable times to all accounts and documents of the person responsible for lodging the declaration and of the party, party agent, official agent, elected member, group, candidate, third-party campaigner or associated entity (as the case requires) relating directly or indirectly to any matter required to be disclosed under this Part, and

(b) giving the Electoral Commission all information and explanations that the Electoral Commission reasonably asks for with respect to any matter required to be set out in the declaration.

(3) The Electoral Commission may appoint a person, who the Electoral Commission is satisfied has sufficient skills and experience, to audit declarations of disclosures on its behalf.

(4) For the purposes of subsection (3), the auditor has and may exercise the same functions as the Electoral Commission has under this section in relation to an audit of a declaration of disclosures.

(5) An audit under this section is to be conducted in the manner specified in the regulations (if any).

s 59: Am 2022 No 57, Sch 3[16]; 2026 No 6, Sch 2[21].