Part 6A Administrative and policy development funding
97A Application to State members and parties only
(1) This Part does not apply in relation to councillors.(2) Accordingly, a reference in this Part to an elected member (or a party with endorsed elected members) or to an election is a reference that relates to a member of either House of Parliament or to a State election.
97B Administrative expenditure—payments from Administration Fund
(1) For the purposes of Division 2, a reference to administrative expenditure is a reference to expenditure for administrative and operating expenses and:(a) includes a reference to the following:(i) expenditure for the administration or management of the activities of the eligible party or elected member,(ii) expenditure for conferences, seminars, meetings or similar functions at which the policies of the eligible party or elected member are discussed or formulated,(iii) expenditure on providing information to the public or a section of the public about the eligible party or elected member,(iv) expenditure on providing information to members and supporters of the eligible party or elected member,(v) expenditure in respect of the audit of the financial accounts of, or claims for payment or disclosures under this Act of, the eligible party or elected member,(vi) expenditure on the remuneration of staff engaged in the above activities for the eligible party or elected member (being the proportion of that remuneration that relates to the time spent on those activities),(vii) expenditure on equipment or vehicles used for the purposes of the above activities (being the proportion of the cost of their acquisition and operation that relates to the use of the equipment or vehicles for those activities),(viii) expenditure on office accommodation for the above staff and equipment,(ix) expenditure on interest payments on loans, but(b) does not include a reference to the following:(i) electoral expenditure,(ii) expenditure for which a member may claim a parliamentary allowance as a member,(iii) expenditure incurred substantially in respect of operations or activities that relate to the election of members to a Parliament other than the NSW Parliament,(iv) expenditure prescribed by the regulations.(2) The decision of the Authority as to whether any expenditure is or is not administrative expenditure in accordance with this Act, the regulations and the guidelines determined under section 24 is final. The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on any such decision of the Authority.
97C Policy development expenditure—payments from Policy Development Fund
(1) For the purposes of Division 3, a reference to policy development expenditure:(a) includes a reference to the following:(i) expenditure for providing information to the public or a section of the public about the eligible party,(ii) expenditure for conferences, seminars, meetings or similar functions at which the policies of the eligible party are discussed or formulated,(iii) expenditure on providing information to members and supporters of the eligible party,(iv) expenditure in respect of the audit of the financial accounts of, or claims for payment or disclosures under this Act of, the eligible party,(v) expenditure on the remuneration of staff engaged in the above activities for the eligible party (being the proportion of that remuneration that relates to the time spent on those activities),(vi) expenditure on equipment or vehicles used for the purposes of the above activities (being the proportion of the cost of their acquisition and operation that relates to the use of the equipment or vehicles for those activities),(vii) expenditure on office accommodation for the above staff and equipment,(viii) expenditure on interest payments on loans, but(b) does not include a reference to the following:(i) electoral expenditure,(ii) expenditure incurred substantially in respect of activities that relate to the election of members to a Parliament other than the NSW Parliament,(iii) expenditure prescribed by the regulations.(2) The decision of the Authority as to whether any expenditure is or is not policy development expenditure in accordance with this Act, the regulations and the guidelines determined under section 24 is final. The Auditor-General or an auditor is, for the purposes of this Act, entitled to rely on any such decision of the Authority.
Division 2 Administrative funding for parties and independent members
97D Establishment of Administration Fund
(1) There is to be an Administration Fund to be kept by the Authority in respect of parties and elected members.(2) Payments from the Administration Fund are to be distributed in accordance with this Division.
97E Public funding of eligible parties for administrative expenditure
(1) Parties are, subject to and in accordance with this Act, eligible for annual payments, on a calendar year basis, from the Administration Fund.(2) A party is eligible for payments from the Administration Fund if:(a) it was a registered party on polling day for the previous State election and continues to be a registered party on the date that the entitlement for an annual payment is determined under this Division, and(b) candidates endorsed by the party were elected at a State election (including at a joint sitting to fill a vacancy in the Legislative Council) and the Authority is satisfied that the elected members claimed to be endorsed by the party, and(c) the Authority is satisfied that the elected members continue to be members or representatives of the party on the date that the entitlement for an annual payment is determined under this Division.(3) The annual amount to be distributed from the Administration Fund to any such eligible party is the amount of actual administrative expenditure incurred by or on behalf of the party during the calendar year to which the payment relates, but not exceeding:(a) $200,000 if there is only one elected member endorsed by the party, or(b) $350,000 if there are only 2 elected members endorsed by the party, or(c) $450,000 if there are only 3 elected members endorsed by the party, or(d) $450,000 if there are more than 3 elected members endorsed by the party plus $83,000 for each such member in excess of 3 up to a maximum of 22 members in excess of 3.(4) The number of endorsed elected members of a party in relation to any annual payment is to be determined as at the date that the entitlement for an annual payment is determined under this Division.(5) Each of the amounts referred to in this section is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.
97F Public funding of Independent members for administrative expenditure
(1) Elected members are, subject to and in accordance with this Act, eligible for annual payments, on a calendar year basis, from the Administration Fund.(2) An elected member is eligible for payments from the Administration Fund if:(a) the elected member was not an endorsed candidate of any party at the State election at which the member was elected, and(b) the Authority is satisfied that the elected member is not a member or representative of any party on the date that the entitlement for an annual payment is determined under this Division.(3) The annual amount to be distributed from the Administration Fund to any such eligible elected member is the amount of actual administrative expenditure incurred by or on behalf of the elected member during the calendar year to which the payment relates, but not exceeding $200,000.(4) The amount referred to in subsection (3) is an adjustable amount that is to be adjusted for inflation as provided by Schedule 1.
97G Parties with the same endorsed elected members
(1) If the Authority is satisfied that 2 or more registered parties endorsed the same elected members for the State election at which they were elected and that the members each claim to be endorsed by those parties:(a) those parties are taken, for the purposes of this Division, to constitute one registered party instead of 2 or more registered parties in relation to those elected members, and(b) the amount that would otherwise be payable from the Administration Fund to that one registered party in respect of the election is payable instead to those 2 or more registered parties as shared funding.(2) An amount payable to 2 or more parties as shared funding is payable to them:(a) in equal shares, or(b) in such other shares as the party agents of those parties agree on and as are specified in a direction in writing (a shared funding direction) signed by them and served on the Authority.(3) If a registered party would, but for this subsection, be entitled to be paid 2 or more amounts by virtue of subsection (1), the party is entitled to be paid only one of those amounts, being the largest amount.(4) A shared funding direction remains effective until revoked by the party agents of the parties concerned and notice in writing of the revocation is served on the Authority.
(1) A party or an elected member is, subject to and in accordance with this Act, eligible for quarterly payments from the Administration Fund for actual administrative expenditure incurred by or on behalf of the party or elected member in a calendar year (the relevant calendar year) determined in accordance with this section.(2) A quarterly payment may be made in respect of each of the first three quarters of the relevant calendar year.(3) A quarterly payment must not exceed:(a) 25% of the annual amount if the payment is in respect of the first quarter, and(b) 50% of the annual amount if the payment is in respect of the second quarter, less any amounts paid in respect of the first quarter, and(c) 75% of the annual amount if the payment is in respect of the third quarter, less any amounts paid in respect of the first and second quarters.(4) The annual amount is the maximum amount of annual payment for which the party concerned would be eligible under section 97E (3), or the elected member concerned would be eligible under section 97F (3), in respect of the relevant calendar year.(5) The annual amount is to be determined on the assumption that:(a) in the case of a party, the number of elected members endorsed by the party at the end of the relevant calendar year will be the same as the number of elected members endorsed by the party at the date on which the claim for the quarterly payment is determined, and(b) in the case of a person who is an elected member, the person will continue to be an elected member at the end of the relevant calendar year.(6) All amounts paid to a party or an elected member by way of quarterly payments under this section in respect of a calendar year are to be deducted from the annual payment to which the party or elected member is entitled under section 97E or 97F in respect of that year.(7) If a party or elected member receives amounts by way of quarterly payment under this section in respect of a calendar year in excess of the amount (if any) to which the party or elected member becomes eligible under section 97E or 97F in respect of that year, the amount of the excess must be repaid to the Authority within 60 days after the party or elected member (or agent of the party or elected member) receives notice in writing from the Authority of the amount of the excess payment.(8) All amounts received by a party or elected member by way of quarterly payments under this section in respect of a calendar year must be repaid, on demand by the Authority, to the Authority if the party or elected member is not eligible under section 97E or 97F for an annual payment from the Administration Fund in relation to that year.
Division 3 Policy development funding for parties not entitled to administrative funding
97H Establishment of Policy Development Fund
(1) There is to be a Policy Development Fund to be kept by the Authority in respect of parties that are not eligible for payments from the Administration Fund.(2) Payments from the Policy Development Fund are to be distributed in accordance with this Division.
97I Public funding of eligible parties for policy development expenditure
(1) Parties that are not eligible for payments from the Administration Fund are, subject to and in accordance with this Act, eligible for annual payments, on a calendar year basis, from the Policy Development Fund.(2) A party is eligible for payments from the Policy Development Fund if:(a) it is a registered party and has been a registered party for at least 12 months on the date the entitlement for an annual payment is determined under this Division, and(b) the Authority is satisfied that it operates as a genuine political party, and(c) it is not entitled to payments from the Administration Fund.(3) The annual amount to be distributed from the Policy Development Fund to any such eligible party is the amount of actual policy development expenditure incurred by or on behalf of the party during the calendar year to which the payment relates, but not exceeding the relevant maximum amount of payment in relation to the party.(4) The relevant maximum amount of an annual payment in relation to an eligible party is the amount of 25 cents for each first preference vote received by any candidate at the previous State election who was endorsed by the party, being either:(a) votes received by any such candidate at the previous Assembly general election, or(b) votes received by any such candidate (or any candidate included in the same group) at the previous periodic Council election.The relevant maximum amount is zero if no such first preference votes were received.
(5) Despite subsection (4), the relevant maximum amount is $5,000 if the amount referred to in subsection (4) is less than $5,000, but only:(a) during the first 8 calendar years after the commencement of this Division in the case of a party that was a registered party on that commencement, or(b) during the first 8 calendar years after a party first becomes a registered party after that commencement.(6) The amounts referred to in subsections (4) and (5) are adjustable amounts that are to be adjusted for inflation as provided by Schedule 1.
Division 4 General provisions relating to funding
(1) A party or elected member is entitled to receive an annual payment for a calendar year, or a quarterly payment, under this Part only if the party or member makes a claim for the payment in accordance with this Division.(2) A claim must:(a) be lodged with the Authority and be in writing, and(b) be accompanied by a declaration and such information or evidence as the Authority may require under this Division, including (but not limited to) information or evidence that the Authority requires to establish the eligibility of the party or elected member to make the claim, and(c) be made within 6 months after the end of the calendar year for which payment is to be made, unless the claim is for a quarterly payment.(3) Entitlement to an annual payment under this Part is to be determined as at the end of the calendar year for which the payment is to be made.(4) Payments under this Part are to be made to the agent of the party or elected member concerned.(5) A payment under this Part for which a party or elected member is eligible is required to be made within the period of 6 weeks after the Authority receives all of the following:(a) a claim for the payment that complies with this Division,(b) all other documentation that is required to be provided under this Division in connection with the claim,(c) information or evidence required by the Authority under this Division in connection with the claim.(6) Any amount required to be repaid to the Authority under this Part or to which the recipient is not entitled may be recovered by the Authority as a debt in any court of competent jurisdiction.(7) The Authority may deduct from any payment due under this Part in respect of a party or elected member any amount that the Authority is authorised by this Part to recover as a debt from the party or elected member or agent of the party or elected member.
97K Declarations etc by agents
(1) An agent of any party or elected member who makes a claim for a payment under this Part is required to make such declarations and provide such information (accompanied by a certificate of an auditor) as the Authority may require in connection with the payment.(2) The Authority is to make available to members of the public for inspection the contents of any declaration, certificate or other information it receives under this section.
97L Payments conditional on compliance with other obligations under this Act
(1) A party or elected member is not eligible for any payment under this Part while any failure to lodge a requisite declaration (or annual financial statement) under Part 6 for a past period continues in respect of the party or member.(2) If the Authority is authorised under section 96J to recover from a party or elected member (or from the official agent of the party or member) an amount relating to the unlawful acceptance of a political donation or other amount, the Authority may deduct the amount from any payment under this Part.
(1) A person who, in any claim lodged with the Authority for a payment under this Part or in any declaration under this Part, makes a statement that is false or misleading in a material particular, knowing it to be false or not reasonably believing it to be true, is guilty of an offence.(2) A person who, in relation to any matter to be included in a claim or declaration under this Part, gives or withholds giving information to the party or agent knowing that it will result in the making of a false or misleading claim or declaration in whole or in part is guilty of an offence.Maximum penalty: 100 penalty units.