Appendix 3

Appendix 3

Comparative table of Commonwealth and NSW funding and disclosure legislative provisions[1]

Commonwealth

NSW

Donations bans and caps

Yes - cap on anonymous donations of more than $13,000 (2015-16 financial year): Commonwealth Electoral Act 1918 (Cth) s 306.

Yes - annual cap of $5,800 for donations to registered political parties and groups; $2,500 for candidates, elected members and third-party campaigners (2015-16 financial year): Election Funding, Expenditure and Disclosures Act 1981 (NSW) s 95A.

Cap of $1,000 on anonymous donations and in kind campaign contributions: ss 96E and 96F.

Ban on property developer, tobacco, gambling and liquor entity donations: Div 4A.

Ban on donations from unenrolled individuals and entities without an ABN: s 96D.

Expenditure limits

No.

Yes - s 95F sets limits on 'electoral communication expenditure' by parties, groups, candidates and third-party campaigners for general elections and by-elections.

The expenditure limit for a party that endorses candidates in all 93 districts for the 2015 State election is $10,341,600.

Public funding

Yes – direct entitlement scheme.

Candidates and Senate Groups that receive at least 4% of first preference votes (FPVs) are eligible.

The current funding rate is $2.56 per FPV: Pt XX, Div 3.

Yes – reimbursement scheme.

Parties and candidates who receive at least 4% of FPVs are eligible for payments from the Elections Campaign Fund: Pt 5.

Parties are also entitled to Administration Funding based on no. of elected members: Pt 6A Div 2.

Parties that are ineligible for Administration Funding may apply for Policy Development Funding: Pt 6A, Div 3.

Donations disclosure rules

Yes - parties, associated entities, and third parties who incur electoral expenditure must lodge annual returns, including details of donations of more than $12,800.

Donors to parties must report annually on donations of more than $12,800.

Candidates, donors to candidates, and Senate groups must disclose details of donations of more than $12,800 after each election: Pt XX, Divs 4-5A.

Yes - parties, groups, elected members, candidates, third party campaigners and major political donors must lodge annual returns, including details of donations of $1,000 or more: s 92.

'Political donations' include membership fees, intra-party transfers, and entry fees for fund-raising events: s 85(2).

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