Q1 I am an elected member endorsed by a registered political party. Do I need an official agent?If you were endorsed by a registered political party or are a member of a registered political party, the party agent will be your official agent and will be responsible for your funding and disclosure obligations. You can however appoint another official agent with the consent of the party agent.
Q2 I am Independent MP. Do I need an official agent?Independent members of Parliament are designated by the EFA to be their own official agents and must comply with the requirements of the Act and the Regulation. You can however nominate to the EFA an official agent to act on your behalf with respect to funding and disclosure matters. If the nominated official agent meets the eligibility requirements, the EFA will then designate this person to be the 'official agent for the elected member'.
Q3 I am an elected member endorsed by a registered political party. Do I need a campaign account?Elected members endorsed by political parties are not required to open a separate campaign account. The party agent is responsible for operating the party's campaign account.
Q4 I am an Independent MP. Do I need a campaign account?If as an Independent MP you are not going to accept any political donations or incur any electoral expenditure, there is no requirement for you to have a campaign account. If you are going to accept donations for a future election of $1,000 or more or spend $1,000 or more in electoral expenditure, then you will need to open a campaign account.
Q5 Can I receive political donations?Yes you can.
Q6 I am an Independent MP and I would like to contest the next State election. Can I accept political donations for that election?Yes you can.
Q7 What are my disclosure obligations?Elected members have ongoing disclosure obligations, ie at the end of each financial year, and must ensure that a disclosure is lodged for any disclosure period during which they are an elected member.
A disclosure must be lodged irrespective of whether any political donations were received or electoral expenditure was incurred. If no donations were received and no expenditure was incurred, a 'nil' disclosure must be lodged.
Q8 When do I need to submit my disclosures by?Disclosures cannot be lodged until after the disclosure period ends on 30 June each year. Disclosures are to be lodged with the EFA from 1 July to 22 September.
Q9 I will not accept any political donations or incur any expenditure. Do I have to lodge a disclosure?Yes. If you have nothing to declare you lodge a 'nil' disclosure.
Q10 Do I have to disclose the details of all donations?No. You must disclose details of all reportable political donations (ie donations of $1,000 or more) received. For non-reportable political donations (ie those less than $1,000) you must declare how many of these donations you received and the total value of the donations.
Q11 Do I have to disclose any loans that I received?You are required to disclose the details of any reportable loans you receive. A reportable loan is a loan (or total in loans) of $1,000 or more from one source in the same disclosure period. Unpaid accounts and invoices are also considered loans, and must be disclosed if the total value of any one account or invoice is $1,000 or more in one disclosure period. Loans from financial institutions are not reportable loans and therefore do not need to be disclosed.
Q12 Do I need to have my disclosure audited? Yes you are required to have your disclosure audited by a registered company auditor. The auditor is encouraged to follow the guidelines for registered company auditors published on the EFA's website.
Q13 Who can audit my disclosure?Only registered company auditors can audit a disclosure. Registered officers and deputy registered officers of registered political parties, elected members, candidates, official agents and party agents are not permitted to audit a disclosure.
Q14 Do I need to provide any supporting documents when I lodge my disclosure?Yes. The following items must be submitted with a disclosure:
* a triplicate copy of each receipt/acknowledgement slip issued to each person and entity that made a reportable political donation; and
* invoices and/or receipts supporting expenditure stated in your disclosure (ie advertising and printing expenditure).
Q15 Where do I send my disclosure?
Disclosures are to be sent to:
Election Funding Authority of NSW
GPO Box 4046
Sydney NSW 2001
or
Alternatively, you can fax your disclosure to : (02) 9290 5410 or email to: enquiries@efa.nsw.gov.au