Electoral Funding Act 2018 (NSW)

Electoral Funding Act 2018 No 20

An Act to make provision for the disclosure, capping and prohibition of certain political donations and electoral expenditure for parliamentary and local government election campaigns; to make provision for the public funding of parliamentary election campaigns and other activities; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Electoral Funding Act 2018.

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

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.

Part 2 Interpretation and key concepts

4 Definitions (cf sections 4 and 84 EFED Act) In this Act— 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.