26Exemption from donation caps

#### 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 \[3\].