IMPORTANT LEGAL INFORMATION
The laws regarding political donations for state elections are very strict. Certain restrictions apply to the making of political donations. By offering to make a donation you confirm your understand and acceptance o the legal requirements, and affirm that you are eligible to make a donation.
Limitation on Donations to Political Parties
There is a cap on political donations to the NSW Nationals. The cap is $6,300 for aggregated political donations to or for the benefit of a registered political party during the 2018/2019 financial year. This contribution is considered a donation to the NSW Nationals.
Property developers, tobacco industry business entities, for-profit liquor or gambling business entities (including any industry representative organisation where the majority of its members are these entities) and their close associates are prohibited donors. A director or officer or person whose voting power is greater than 20% (and their spouses) are considered to be a close associate, as is a person in a joint venture or partnership with a property developer. Further, the spouse of a prohibited individual donor is a close associate. It is unlawful for a prohibited donor to make a political donation. If you make a donation and within 12 months become a property developer an amount that is double the amount or value of the donation will be payable to the State.
If you make a political donation or incur electoral expenditure of $1,000 or more, you must complete and lodge a declaration with the Electoral Commission in accordance with the Electoral Funding Act 2018. A political donation includes a contribution or entry fee or an annual or other subscription. You must also disclose a political donation of less than $1,000 if the total amount of political donations made by you in respect of the same party (or associated entity), elected member, group, candidate, third-party campaigner or person in the same financial year is $1,000 or more. Penalties apply for failing to lodge a declaration.
The above is a summary only. For the complete requirements, see Part 3 of the Electoral Funding Act 2018 (NSW).
The Commonwealth Electoral Act 1918 (Cth) prohibits the provision and knowing receipt of donations from foreign donors. A foreign donor is defined as:
- A body politic of a foreign country;
- A body politic of a part of a foreign country;
- A part of a body politic mentioned in paragraph (a) or (b);
- A foreign public enterprise;
- An entity (whether or not incorporated) that does not meet any of the following conditions: (i) the entity is incorporated in Australia; (ii) the entity’s head office is in Australia; (iii) the entity’s principal place of activity is, or is in, Australia;
- An individual who is none of the following: (i) an elector; (ii) an Australian citizen; (iii) an Australian resident; (iv) a New Zealand citizen who holds a Subclass 444 (Special Category) visa.