Keane J 25. Disclosure 74 In Div 2 of Pt 6, s 88(1)(a) provides for disclosure of "political donations received or made, and electoral expenditure incurred, by or on behalf of … a party (whether or not a registered party)". Section 88(1A) provides that disclosure is also required of "electoral communication expenditure incurred by a third-party campaigner" during the "capped expenditure period" of the electoral cycle (defined by s 95H of the EFED Act), and "political donations received by [a] third-party campaigner during the relevant disclosure period". 75 The expression "political donation" is defined by s 85 to include "a gift made to or for the benefit of" a party, an elected member, a candidate or a group of candidates; and "[a]n amount paid by a person as a contribution, entry fee or other payment to entitle that or any other person to participate in or otherwise obtain any benefit from a fund-raising venture or function". Section 85(1)(d) includes within the definition of "political donation": "a gift made to or for the benefit of an entity or other person (not being a party, elected member, group or candidate), the whole or part of which was used or is intended to be used by the entity or person: 76 (i) to enable the entity or person to make, directly or indirectly, a political donation or to incur electoral expenditure, or (ii) to reimburse the entity or person for making, directly or indirectly, a political donation or incurring electoral expenditure." Section 85(3) provides that the term "political donation" includes an "annual or other subscription paid to a party", either by a "member of the party", or by "a person or entity (including an industrial organisation) for affiliation with the party". Section 85(3A)(a) provides that "a disposition of property to a NSW branch of a party from the federal branch of the party" is taken to be a gift for the purposes of s 85. The term "party" is defined by s 4(1) of the EFED Act to mean: 77 "a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to Parliament or a local council of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part." The term "third-party campaigner" is defined by s 4(1) of the EFED Act to 78 mean: "an entity or other person (not being a registered party, elected member, group or candidate) who incurs electoral communication expenditure during a capped expenditure period … that exceeds $2,000 in total."

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