Electoral Funding Regulation 2018

This Regulation is the Electoral Funding Regulation 2018.

This Regulation commences on 1 July 2018 and is required to be published on the NSW legislation website.

In this Regulation—

Part 3 declaration means a declaration of disclosures under Part 3 of the Act.

Part 4 payment means a payment under Part 4 of the Act.

party records means the accounting records required to be kept by a party under Division 4 of Part 2.

property does not include money.

responsible person, for an elected member, group, candidate, associated entity or third-party campaigner, means the person who is responsible under section 14 of the Act for making disclosures required under Part 3 of the Act for the elected member, group, candidate, associated entity or third-party campaigner.

the Act means the Electoral Funding Act 2018.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of section 7(2)(c) of the Act, expenditure incurred in the use or acquisition of any of the following items is prescribed as expenditure that is not electoral expenditure—

a motor vehicle,

motor vehicle accessories,

a vessel or aircraft used for the purpose of navigation,

televisions and radios,

television and radio broadcasting equipment,

electronic equipment for recording sounds or visual images,

photographic equipment,

computers and associated equipment and computer software,

office furniture and equipment,

unless the use or acquisition is exercised or effected within a period of 10 weeks that includes an election day and is terminated or disposed of within that period.

If there is a purchase and disposal of property in the exception referred to in subclause (1), electoral expenditure includes only so much of the purchase price of the property as is not recovered in the disposal of the property.

In this clause—

motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013.

motor vehicle accessories includes radios, sound reproducing equipment, air conditioning units, spare tyres or tools to be used with a motor vehicle.

office furniture and equipment includes desks, tables, chairs, filing cabinets, library shelving, computers, calculators, cash registers, photocopiers, printing machines, paper collating machines, water coolers, air conditioners, refrigerators, lockers or other items of a durable nature utilised in or ancillary to a work function.

For the Act, section 84(1)(a)(xi), the following expenditure is prescribed—

reasonable expenditure on the sponsorship of community events at which the policies of the eligible party or elected member are discussed or formulated,

reasonable expenditure on the sponsorship of community events providing information to the public or a section of the public about the eligible party or elected member,

reasonable expenditure on equipment for motor vehicle safety for use in relation to the activities under the Act, section 84(1)(a)(i)–(vi), being the proportion of the cost of the acquisition and operation relating to the use of the equipment for the activities,

Example—

Equipment for motor vehicle safety may include spare tyres or tools used with a motor vehicle.

reasonable expenditure on telephones used for the activities under the Act, section 84(1)(a)(i)–(vi), being the proportion of the cost of the acquisition and operation relating to the use of the telephone for the activities,

expenditure on motor vehicle fuel used in relation to the activities under the Act, section 84(1)(a)(i)–(vi), being the proportion of the cost relating to the use of the vehicle for the activities,

reasonable expenditure on personal safety and security expenses to ensure the safety of an elected member or an elected member’s office, including a short term, temporary or home office.

To avoid doubt, for the Act, section 84(1)(a)(xi), the following expenditure is prescribed—

without limiting the Act, section 84(1)(a)(viii), reasonable expenditure on equipment for a short term, temporary or home office, being the proportion of the cost relating to the use of the equipment for the activities under the Act, section 84(1)(a)(i)–(vi),

without limiting the Act, section 84(1)(a)(ix), reasonable expenditure on short term or temporary office accommodation for the staff and equipment referred to in the section.

In this clause—

community event means a function or event that is open to the public or section of the public and is organised by or for the benefit of a community-based organisation.

sponsorship means a payment of money in return for brand exposure or recognition.

If a party agent of a registered party consents, by notice in writing in accordance with section 14(4) of the Act, to be the person who is responsible for making disclosures required under Part 3 of the Act for an elected member, candidate or group and the notice is given during a relevant disclosure period, the following applies—

the elected member, candidate or group concerned is not responsible for making the disclosures required under that Part for the elected member, candidate or group of political donations received or made, and electoral expenditure incurred, after the giving of the notice,

the party agent concerned is responsible for making the disclosures required under that Part for the elected member, candidate or group of political donations received or made, and electoral expenditure incurred, after the giving of the notice,

the party agent and the elected member, candidate or group concerned must make the disclosures required under that Part for that part of the relevant disclosure period for which the party agent and the elected member, candidate or group is responsible (as the case requires).

If a party agent, elected member, candidate or group withdraws a consent or agreement (as the case requires) in accordance with section 14(5) of the Act during a relevant disclosure period, the following applies—

the elected member, candidate or group concerned is responsible for making the disclosures required under Part 3 of the Act for the elected member, candidate or group of political donations received or made, and electoral expenditure incurred, after the withdrawal,

the party agent concerned is not responsible for making the disclosures required under that Part for the elected member, candidate or group of political donations received or made, and electoral expenditure incurred, after the withdrawal of the declaration,

the party agent and the elected member, candidate or group concerned must make the disclosures required under that Part for that part of the relevant disclosure period for which the party agent and the elected member, candidate or group is responsible (as the case requires).

The information specified in subclause (2) is to accompany a Part 3 declaration by a party made in accordance with section 15(1)(b) of the Act after the end of the half-year that ends on 30 June.

The following information in respect of the financial year that includes the half-year concerned is specified—

financial records from the party’s accounting records (including the general ledger and subsidiary ledgers),

the chart of accounts,

the trial balance,

statements and reconciliation statements for all accounts held by the party at a bank, credit union or building society,

any other information that is reasonably required to clarify the information provided under paragraphs (a)–(d).

Such accompanying information is to be lodged in the form and manner approved by the Electoral Commission.

The information specified in subclause (2) is to accompany a Part 3 declaration by an elected member, group or candidate to which section 38 of the Act does not apply made in accordance with section 15(1)(b) of the Act after the end of the half-year that ends on 30 June.

The following information in respect of the financial year that includes the half-year concerned is specified—

bank statements for the campaign account of the elected member, group or candidate,

any other information that is reasonably required to clarify the information provided under paragraph (a).

Such accompanying information is to be lodged in the form and manner approved by the Electoral Commission.

A disclosure under Part 3 of the Act by a party or a candidate of electoral expenditure incurred during a capped State expenditure period or a capped local government expenditure period is to separately identify expenditure incurred in each kind of expenditure specified in section 7(1) of the Act.

An individual who makes a political donation on behalf of a corporation that is related to another corporation (as referred to in section 9(8) of the Act) that has made a political donation to the same party, elected member, group, candidate, third-party campaigner or associated entity in the same financial year must disclose to the person accepting the donation the following particulars of the other corporation and its political donations—

the name of the corporation making the political donation,

the names of the other corporations and the amounts of the political donations made during that same financial year.

For the purposes of section 17(8) of the Act, the prescribed manner of vouching for political donations received by a party, an elected member, a group, a candidate, associated entity or a third-party campaigner is by lodging with the relevant Part 3 declaration—

the receipt book, containing the triplicate forms of each receipt issued and the original, duplicate and triplicate of each unused receipt, and

the acknowledgment book, containing the triplicate forms of each acknowledgment issued and the original, duplicate and triplicate of each unused acknowledgment.

If a party, an elected member, a group, a candidate, associated entity or a third-party campaigner maintains its financial records by means of a computer system, the prescribed manner of vouching for political donations received by that party, elected member, group, candidate, associated entity or third-party campaigner is by lodging with the relevant Part 3 declaration an electronic copy of the relevant receipt book and acknowledgement book.

For the purposes of section 17(8) of the Act, the prescribed manner of vouching for electoral expenditure is by attaching to the relevant Part 3 declaration—

copies of either the accounts or receipts (or a mixture of both) issued in respect of the expenditure, and

copies of any advertising material to which any portion of the expenditure relates, but not online advertising material if the cost of the transaction for the advertising material did not exceed $20.

An account or receipt is to be disregarded for the purposes of this clause if it does not set out such particulars as are sufficient to identify clearly the nature of the expenditure to which it relates.

In this clause, copy of advertising material means, in the case of an advertisement by radio, television or in a cinema—

the text (if any) of the advertisement, or

an electronic copy of the radio, television or cinema advertisement.