4Definitions

#### 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](/view/html/inforce/current/act-1989-160), 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](/view/html/inforce/current/act-2017-066) or in accordance with the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) (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](/view/html/inforce/current/act-2017-066). > > Electoral Commissioner means the person for the time being holding or acting in the office of Electoral Commissioner under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066). > > 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](/view/html/inforce/current/act-1993-030) 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](/view/html/inforce/current/act-1902-032). > > 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](/view/html/inforce/current/act-2017-066). > > 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](/view/html/inforce/current/act-1987-015) 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\[1\].