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.
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—
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,
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),
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,
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.
It is unlawful for a person to accept any such indirect campaign contribution.
However, an indirect campaign contribution prohibited by this section does not include—
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
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
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
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—
a party that is not a registered party,
an elected member,
a candidate, or
a payment under Part 4 (Public funding of State election campaigns) or Part 5 (Administrative and New Party policy development funding), or
any other thing of a kind permitted by the regulations.
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.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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