Donor declaration

STATE DONATIONS

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.

Prohibited Donors 

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.

Disclosure Warning 

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.

Further information

The above is a summary only. For the complete requirements, see Part 3 of the Electoral Funding Act 2018 (NSW).

FEDERAL DONATIONS

IMPORTANT

The Commonwealth Electoral Act 1918 (Cth) prohibits the provision and knowing receipt of donations from foreign donors. A foreign donor is defined as:

  1. A body politic of a foreign country;
  2. A body politic of a part of a foreign country;
  3. A part of a body politic mentioned in paragraph (a) or (b);
  4. A foreign public enterprise;
  5. 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;
  6. 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.