Keane
J
27.
Proscribed political donations
Section 96D provides as follows:
84
"(1)
It is unlawful for a political donation to a party, elected member,
group, candidate or third-party campaigner to be accepted unless
the donor is an individual who is enrolled on the roll of electors for
State elections, the roll of electors for federal elections or the roll of
electors for local government elections.
(2)
It is unlawful for an individual to make a political donation to a
party, elected member, group, candidate or third-party campaigner
on behalf of a corporation or other entity.
(3)
It is unlawful for a corporation or other entity to make a gift to an
individual for the purpose of the individual making a political
donation to a party, elected member, group, candidate or third-party
campaigner.
(4)
Annual or other subscriptions paid to a party by a person or entity
(including an industrial organisation) for affiliation with the party
that are, by the operation of section 85(3), taken to be gifts (and
political donations to the party) are subject to this section.
Accordingly, payment of any such subscription by an industrial
organisation or other entity is unlawful under this section.
(5)
Dispositions of property between branches of parties or between
associated parties that are, by the operation of section 85(3A),
taken to be gifts (and political donations to the parties) are not
subject to this section."
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It may be noted that, notwithstanding ss 85, 96D(5) and 95AA(2), the
proscriptions in sub-ss (1) to (4) of s 96D apply to donations to political parties
which have federal branches.
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It should also be noted that Div 4A of Pt 6 makes it unlawful for a
"prohibited donor" 77 – namely "a property developer", "a tobacco industry
business entity", or "a liquor or gambling industry business entity" – to make a
political donation 78.
77
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 96GAA.
78
Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 96GA.
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