Elections NSW Unambiguous Guidelines On Disclosures of Political Donations and Electoral Expenditure

Fact Sheet Disclosures of Political Donations and Electoral Expenditure This fact sheet provides key information on Disclosures as provided for in the Election Funding, Expenditure and Disclosures Act 1981 (the Act).

Detailed information is available by consulting the full Act at www.legislation.nsw.gov.au

Disclosure Disclosure refers to information lodged with the Election Funding Authority (EFA) about political donations received or made and electoral expenditure incurred by a candidate, group of candidates, elected member or third-party campaigner, and political donations made or received by a major political donor.

Who Makes the Disclosures?

The party agent or the official agent of each elected member, candidate, group of candidates or third-party campaigner has the responsibility for the lodgement of a disclosure of the political donations received and made and electoral expenditure incurred on behalf of who they were the appointed official agent. If no political donations were received and no electoral expenditure incurred a ‘nil’ disclosure must be lodged.

In the case of a major political donor, the donor is responsible for lodging a disclosure in respect to the financial year in which a reportable political donation of $1,000 or more was made.

Political Donations to be Disclosed “Small political donations” are those that are less than $1,000 each or multiple donations from the same donor to the same recipient in one financial year that total less than $1,000. These donations can be monetary or non-monetary.

A “reportable political donation” is a single donation of $1,000 or more (or multiple donations from one donor to the same recipient in one financial year that total $1,000 or more).

Party agents and official agents must disclose all political donations received.

A major political donor means an individual (not being an elected member or candidate) who makes a reportable political donation of or exceeding $1,000. Major political donors are also required to disclose political donations made if the donation is a reportable political donation.

Disclosures are to be made following the end of the financial year in which the donation was received.

Small political donations do not require disclosure of all the details of the donation. However, the party agent or official agent must disclose the aggregate of all small political donations, including the number of donors.

Reportable political donations require disclosure of all the details of the donation.

Electoral Expenditure to be Disclosed Disclosure is required of all electoral expenditure incurred, by or on behalf of a party (whether a registered party or not), an elected member, a group of candidates, a candidate or a third-party campaigner during the relevant disclosure period, being each 12 month period ending on 30 June.

Election Funding Authority of New South Wales GPO Box 4046, Sydney NSW 2001 Tel: 1300 022 011 Fax: (02) 9290 5410 www.efa.nsw.gov.au 1 of 2

Fact Sheet Disclosures of Political Donations and Electoral Expenditure Audit Requirements for Disclosures All disclosures, except those of major political donors, need to be reviewed by a registered company auditor (unless an exemption has been approved by the EFA) and accompanied by a certificate of the auditor stating that they were given full and free access to all accounts and documents.

When are Disclosures Required to be Lodged?

Disclosures on behalf of a party, elected member, candidate, group of candidates or third-party campaigner are to be lodged between 1 July and 22 September for the period ending on 30 June for each year that they have a disclosure obligation.

In the case of a major political donor, a disclosure is required to be lodged between 1 July and 20 October for the period ending on 30 June in that year.

Please note that disclosures cannot be lodged early, i.e. before 1 July in that year.

How Do Disclosures Need to be Lodged?

Disclosing Political Donations and Electoral Expenditure: • Disclosures must be made using the forms approved by the EFA. • Used and unused Receipt and Acknowledgment books must be submitted with the disclosure.

• Invoices and receipts supporting advertising and printing expenditure must be submitted with the disclosure.

A copy of each item of advertising and printed material must also be submitted with the disclosure.

• If no donations were received and no expenditure was incurred, a ‘nil’ disclosure must be lodged.

• Disclosures that need to be audited by a registered company auditor must be accompanied by an audit certificate.

Relevant Disclosure Period for Candidates In the case of a candidate, the first relevant disclosure period for the candidate registered for an election includes the period commencing on: • If the candidate was registered at any time in the Register of Candidates for the previous general election – the 31st day after election day for that previous general election; or • If the candidate was registered at any time in the Register of Candidates for a by-election following the previous general election – the 31st day after election day for that by-election; or • The day that is 12 months before the day on which the candidate was nominated for election at the current election, whichever occurs first, but not including a period during which he or she was an elected member.

Publishing of Disclosures Disclosures are kept by the EFA for at least six years after the period to which the disclosure relates and they are published on the EFA’s website as soon as practicable after the due date for making the disclosure.

Disclosures are also available for public inspection by appointment at the EFA’s office during ordinary business hours.

Election Funding Authority of New South Wales GPO Box 4046, Sydney NSW 2001 Tel: 1300 022 011 Fax: (02) 9290 5410 www.efa.nsw.gov.au 2 of 2