State Government Candidates and Groups

All state government candidates and groups have obligations under the Election Funding and Disclosures Act 1981 (the Act).

The Funding and Disclosure Guide for State Government Candidates, Groups and Official Agents is now available. The guide provides candidates, groups and their official agents with information about their obligations under the Act and information about how to make a claim for public funding and disclose political donations and electoral expenditure.

Candidate registrations for the 2011 state general election

If you intend to stand as a candidate at the 2011 state general election in NSW you must register as a candidate with the Election Funding Authority before you accept any political donations for the election.

The registration process is separate to being nominated as a candidate. The NSW Electoral Commission provides information about nominations for the State election.

To register as a candidate with the Election Funding Authority complete the Application for Registration of a Candidate form and fax it to the Authority on 02 9290 5991. Alternatively, you can mail the form to the Election Funding Authority, GPO Box 832 Sydney NSW 2001.

Once you are registered as a candidate for the 2011 state general election you (or your official agent) have an obligation to lodge a Declaration of Political Donations and Electoral Expenditure every six months between now and the election for the periods ending 30 June and 31 December.

Appointing and registering an official agent

An official agent is responsible for:

  • managing political donations and electoral expenditure on behalf of a candidate,
  • keeping proper records of a candidate's political donations and electoral expenditure, and
  • lodging the Declaration of Political Donations and Electoral Expenditure on behalf of a candidate.

Independent candidates who do not appoint an official agent and register the agent with the Authority cannot accept $1,000 or more in political donations and cannot incur $1,000 or more in electoral expenditure during the election period for the election they are contesting.

The election period for the 2011 state election commenced 23 April 2007 and ends 30 days after the 2011 election.

For candidates who contested the state by-elections held on 18 October 2008 the disclosure period commenced on 17 November 2008 and ends 30 days after the 2011 election.

Official agents must:

  • be on the NSW electoral roll,
  • have not been convicted of an indictable offence, an offence under the Election Funding and Disclosures Act 1981, an offence involving dishonesty or an electoral offence, and
  • have successfully completed the training provided by the Authority.

The Authority has provided an on-line training program for prospective agents. Complete the on-line training today.

Once a prospective agent has successfully completed the training program complete a Notice of Appointment of Official Agent form and lodge it with the Authority or with the Returning Officer. The Authority will register the person as the candidate’s official agent if all the necessary criteria are met.

Independent candidates and groups who receive less than $1,000 in political donations are not required to appoint an official agent. In the case where a candidate does not have an agent, the candidate is deemed to be their own agent.

Candidates and groups who are endorsed by a registered political party are not required to appoint an official agent. Their official agent is always the party agent of the party.

 

Political donations

Candidates and groups can only accept $1,000 or more in political donations if:

  • the candidate or group is registered with the Authority,
  • the candidate or group has an official agent, and
  • political donations are made to the official agent.

A political donation is a gift (monetary or otherwise) made to or for the benefit of a candidate or group. Political donations include:

  • monetary donations,
  • the purchase of tickets and other items for a fund raising event,
  • the giving of a gift or the provision of a service at no charge (or at a discounted charge) also known as a gift ‘in kind’, and
  • annual subscriptions or membership payments to political parties.

Political donations of $1,000 or more are known as reportable political donations. Reportable political donations include multiple donations made by the same person to the same candidate or group in the same financial year and the donations in aggregate are $1,000 or more.

The official agent must keep a record of the details of all reportable political donations including:

  • the name of the candidate or group to or for whose benefit the donation was made,
  • the name of the donor,
  • the residential address of the donor or, if the donor is not a person, the official address of the donor,
  • the ABN of the donor if the donor is not a person,
  • the date the donation was made,
  • the amount of the donation.

In the case of donations that are not reportable your official agent (or the candidate or group where there is no agent) is required to record the total amount of non-reportable donations received and the total value of the non-reportable donations.

  • reportable political donations can only be accepted from entities with an ABN or from individuals,
  • you cannot accept reportable political donations from unknown persons or entities,
  • you cannot accept indirect campaign contributions valued at $1,000 or more including office accommodation, vehicles, computers and other equipment,
  • you cannot receive loans unless the details of the loan are recorded and disclosed, and
  • volunteer labour is not an in-kind gift or indirect campaign contribution.

 

Campaign accounts

Candidates and groups must have a campaign account before accepting $1,000 or more in political donations. Political donations are to paid into the account by the official agent and payments for electoral expenditure must be paid from the account by the official agent.

The official agent must be authorised to operate the campaign account. Candidates and groups are not permitted to operate the campaign account (i.e. make deposits, withdrawals or payments).

A campaign account can only be used for the following purposes:

  • deposit personal funds of the candidate or group,
  • deposit political donations,
  • make payments for electoral expenditure,
  • make a payment to a candidate or group to reimburse them for personal funds they paid into the account,
  • make political donations to councillors, members of Parliament, candidates or groups who are members of the same party as the candidate or group.

 

Issuing receipts for political donations

When an official agent receives a reportable political donation ($1,000 or more) for a candidate or group they must:

  • obtain the details of the donation,
  • write out a receipt (or acknowledgement slip for gifts and services provided in kind) for reportable political donations and issue the receipt to the donor; and
  • deposit the donation into the candidate or group's campaign account.

Each receipt and acknowledgement slip must contain a statement to advise the donor of their obligation to disclose political donations to the Authority.

The Authority provides receipt books to candidates, groups and their official agents. Contact us to request receipt books and we will send some to you. There are 50 receipts per receipt book.

 

Electoral expenditure

Electoral expenditure is any expenditure for or in connection with promoting or opposing, directly or indirectly, the election of a candidate or a group of candidates or for the purpose of influencing, directly or indirectly, the voting at an election.


This includes, but is not limited to, expenditure for:

  • advertisements in radio, television, the Internet, cinemas, newspapers, billboards, posters, how-to-votes and any other printed election material;
  • the distribution of electoral material;
  • raising funds for an election;
  • stationery, telephone, postage, electronic transmissions;
  • employment of staff for election campaigns;
  • election campaign research.

The official agent (or candidate or group where there is no agent) must keep proper records of electoral expenditure including receipts or invoices for expenditure items and samples of all advertising and printed material.

 

Am I allowed to accept ‘in-kind’ contributions or indirect campaign contributions?

Parties, elected members, candidates and groups are not allowed to receive the following indirect campaign contributions if the value of the contribution exceeds $1,000:

  • the provision of office accommodation, vehicles, computers or other equipment,
  • the full or part payment by a person of electoral expenditure incurred or to be incurred by a party, elected member, candidate or group,
  • a person waiving all or part of a payment that is to be paid by a party, elected member, candidate or group to the person.

All other in-kind gifts of any value may be accepted by parties, elected members, candidates and groups.

An acknowledgement slip must be issued to the donor when they make an in-kind gift valued at more than $1,000. The acknowledgement must show the value of the gift, a description of the gift, the date of the gift, the name, address and ABN (if applicable) of the donor. Contact us to request free acknowledgement books.

In kind gifts and indirect campaign contributions must be disclosed as political donations by the party, elected member, candidate or group who received the gift.

Volunteer labour is not an in-kind gift or indirect campaign contribution.

 

Disclosing political donations and electoral expenditure

The official agent for each candidate or group is required to lodge a Declaration of Political Donations Received and Electoral Expenditure Incurred by the candidate or group.

Declarations are required to be lodged by or on behalf of the candidate or group every six months for as long as the person remains a candidate or as long as persons remain a group.

Declarations for the period 1 January to 30 June are always due on 25 August.

Declarations for the period 1 July to 31 December are always due on 25 February.

A person is taken to be a candidate if they are either registered with the Election Funding Authority as a candidate for an election; or they have been nominated as a candidate for an election; or they are accepting political donations for an election. A person remains a candidate until 30 days after the election.

Persons are taken to be a group if either the group is registered with the Election Funding Authority for an election; or the candidates have been nominated for an election and they have formed a group for that election; or the group is accepting political donations for the election. A group remains as a group until 30 days after election day.

 

Public Funding of Election Campaigns

Legislative Assembly candidates who are registered with the Authority and who are either elected or receive at least 4% of the first preference vote in their electoral district are entitled to make a claim to receive public funding. Funding is a reimbursement of election campaign expenditure as is paid to eligible candidates after the election.

In order to receive public funding the candidate (or their official agent) must lodge a Claim for Payment form. The claim must be accompanied by a Declaration of Political Donations and Electoral Expenditure.

All claims for payment must be audited by a registered company auditor before they are lodged with the Authority.

 

Auditing declarations

Declarations must be audited by a registered company auditor before being lodged with the Authority unless the candidate or group meets one of the following exemption criteria:

  • the candidate or group has a ‘nil’ declaration, or
  • the candidate or group is not making a claim for payment.