Electoral Act 1985

Subject to this section, for the purposes of this Division, an electoral donation is—

a donation made to or for the benefit of a registered political party or a group, other than a donation made to a registered political party from a nominated entity of the registered political party that is not paid into a State campaign account kept under this Part and is only used for administrative expenditure; or

a donation (or such part of a donation) made to or for the benefit of a member of Parliament that was used or is intended to be used by the member—

solely or substantially for State electoral purposes or the member's duties as a member; or

to enable the member to make, directly or indirectly, an electoral donation or to incur political expenditure; or

to reimburse the member for making, directly or indirectly, an electoral donation or incurring political expenditure; or

a donation (or such part of a donation) made to or for the benefit of a candidate that was used or is intended to be used by the candidate—

solely or substantially for State electoral purposes; or

to enable the candidate to make, directly or indirectly, an electoral donation or to incur political expenditure; or

to reimburse the candidate for making, directly or indirectly, an electoral donation or incurring political expenditure; or

a donation (or such part of a donation) made to or for the benefit of a third party that was used or is intended to be used by the third party—

solely or substantially for State electoral purposes; or

to enable the third party to make, directly or indirectly, an electoral donation or to incur political expenditure; or

to reimburse the third party for making, directly or indirectly, an electoral donation or incurring political expenditure.

If any part of a donation that is not an electoral donation pursuant to subsection (1)(b),

or (d) is subsequently used for State electoral purposes, a member's duties as a member or to incur political expenditure, that part of the donation becomes an electoral donation.

If—

a member of Parliament attends an event or activity in the performance of their duties as a member; or

a candidate attends an event or activity in the conduct of their campaign for election, the payment of an incidental expense of the member or candidate at, or for entry to, the event or activity is taken not to be an electoral donation to the member or candidate (as the case requires).

If—

a member of Parliament uses a venue or premises in the performance of their duties as a member; or

a candidate uses a venue or premises in the conduct of their campaign for election, the provision of the venue or premises for use by the member or candidate for no consideration or inadequate consideration is taken not to be an electoral donation to the member or candidate (as the case requires).

Subject to subsection (6), a donation to an associated entity is taken—

in the case of an associated entity that is a nominated entity of a registered political party—to be a donation to or for the benefit of the party and (if made) to have been accepted by the agent of the registered political party; and

in any other case—to be a donation to or for the benefit of the party in respect of which the entity is associated and (if made) to have been accepted by the agent of the registered political party.

Subsection (5) does not apply to—

a disposition of property by will to an associated entity, unless the associated entity is a nominated entity of a registered political party; or

a disposition of property made by a registered political party to a nominated entity of the registered political party.