Keane
J
25.
Disclosure
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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".
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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:
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(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:
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"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
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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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