NSW Bill for Comprehensive Changes to Political Donations and Electoral Expenditure
Monday 21 May 2018 @ 12.19 p.m. | Legal Research
The NSW Government has introduced the Electoral Funding Bill 2018 (NSW) (‘the Bill’) on 17 May 2018. This Bill is for the purpose of making provisions related to the disclosure, capping and prohibition of political donations and for electoral expenditures during election campaigns.
Background
As noted in the Explanatory Memorandum for this Bill, the Bill is a response to the Final Report on Political Donations, which was released in December 2014, the Report on Inquiry into the Final Report of the Expert Panel – Political Donations and the Government’s Response, released in June 2016, and the Report on the Administration of the 2015 NSW Election and Related Matters released in November 2016 by the Joint Standing Committee on Electoral Matters.
Main Provisions
This Bill proposes to make various provisions related to the disclosure and capping of political donations to registered political parties, and also proposes to repeal the Election Funding, Expenditure and Disclosures Act 1981 (NSW). Some of the key provisions are for the purpose of:
- Setting out the key terms and definitions;
- Requiring a disclosure of a reportable political donation;
- Providing that independently elected members, candidates and groups of candidates are personal responsible for disclosing political donations and electoral expenditure rather than the official agent of those persons;
- Providing for the disclosure of further information relating to political donations and electoral expenditure such as the terms and conditions an total loan repayments;
- Providing that the Electoral Commission is to publish an explanation and analysis of the sources and amount of reportable political donations;
- Providing for an increase on the cap on indirect campaign contributions to match the cap on other political donations;
- Making provisions related to auditing requirements for registered political parties.
In his second reading speech, Anthony Roberts, Minister for Planning, Minister for Housing, and Special Minister of State noted that the Bill would address the current scheme of party and official agents for the management of political donations, stating:
He also stated:
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Sources:
Electoral Funding Bill 2018 (NSW) and second reading speech as published on TimeBase LawOne.