1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions
Part 2 The Election Funding Authority
5 Constitution of the Authority
6 Members of the Authority
7 Chairperson
8 Alternates
9 Eligibility for appointment
10 Duty of Minister with respect to appointments
11 Provisions relating to nominations
12 Term of office of appointed members and alternates
13 Vacation of office
14 Filling of casual vacancies
15 Meetings of the Authority
16 Acting Chairperson
17 Voting
18 Minutes
19 Fees and allowances
20 Public Service Act 1979 not to apply
21 Members not personally liable
Part 3 Responsibilities of the Authority
22 General functions
23 Particular functions
24 Guidelines
25 Research
26 Application to registration for State and local government elections
27 Qualification of persons to be appointed as party or official agents
28–30 (Repealed)
Division 2 Register of Candidates
31 Register of Candidates to be kept
32 Registration
32A Deemed registration of nominated candidates and groups
33 Applications for registration of candidates
34 Application for registration of groups
35 Lodging of applications
36 Refusal to register candidates
37 Refusal to register groups
38 Amendment of Register
Division 2A Register of Third-party Campaigners
38A Register of Third-party Campaigners to be kept
38B Registration
38C Applications for registration
38D Lodging of applications
38E Refusal to register
38F Amendment of Register
Division 3 Register of Party Agents
39 Register of Party Agents to be kept
40 Registration
41 Appointment etc of party agents
42 Entries in the Register
43 Amendment of Register
Division 4 Register of Official Agents
44 Register of Official Agents to be kept
45 Registration
46 Official agents of candidates and groups
46A Official agents of elected members
46B Official agents of third-party campaigners
46C Procedure for appointing or revoking appointment of official agents
47 Entries in the Register
48 Amendment of Register
49 (Repealed)
Division 5 Registers for by-elections
50 Application of this Division
51 Registers for by-elections
52 Public access to registers
53 Statutory declarations
54 False statements
Part 5 Public funding of State election campaigns
54A Application to State elections only
54B Part 6 definitions apply
55 Meaning of electoral communication expenditure for a State election
Division 2 Public funding for electoral communication expenditure of parties and candidates
56 Establishment of Election Campaigns Fund
57 Registered parties eligible for public funding of election campaigns
58 Amount of public funding for eligible parties
59 Candidates eligible for public funding of election campaigns
60 Amount of public funding for eligible candidates
61 Expenditure claimed by both party and candidate
62 Payments to parties endorsing the same candidate or group
63 Entitlements to advance payments
Division 3 General provisions relating to funding
64 Claims for, and approvals of, payments
65 Review of claim
66 Expenditure to be vouched for
67 Making payments to party at direction of candidate
68 Making of payments
69 Prepayment on lodgment of claims
70 Payments conditional on disclosure of political donations etc
71 Death of a candidate
71A (Repealed)
72 Deductions from payment for debts owed
73 Special provisions relating to groups
73A (Repealed)
74 Public access to claims etc
75 False statements
76–82 (Repealed)
Part 6 Political donations and electoral expenditure
83 Application
84 Definitions—general
85 Meaning of “political donation”
86 Meaning of “reportable political donation”
87 Meaning of “electoral expenditure” and “electoral communication expenditure”
Division 2 Disclosure of political donations and electoral expenditure
88 Disclosures required to be made
89 Relevant disclosure period
90 Person responsible for making disclosures
91 When and how disclosures to be made
92 Political donations required to be disclosed
93 Electoral expenditure required to be disclosed
94 Separate disclosures not required of same item
95 Public access to disclosures, expenditure etc
Division 2A Caps on political donations for State elections
95AA Application to State elections only
95A Applicable cap on political donations
95B Prohibition on political donations that exceed applicable cap
95C Prohibition on donations to more than 3 third-party campaigners
95D Exemption from donation cap for party subscriptions and party levies
Division 2B Caps on electoral communication expenditure for State election campaigns
95E Application to State elections only
95F Applicable caps on electoral communication expenditure on State election campaigns
95G Aggregation of applicable caps
95H Capped expenditure period
95I Prohibition on incurring electoral communication expenditure exceeding applicable cap during State campaigns
95J When is electoral communication expenditure incurred
Division 3 Management of donations and expenditure
96 Requirements for parties
96A Requirements for political donations to, and electoral expenditure by, elected member, group or candidate
96AA Requirements for third-party campaigners
96B Campaign accounts of elected members, groups or candidates
96C Person accepting reportable political donations to record details
Division 4 Prohibition of certain political donations etc
96D Prohibition on political donations other than by individuals on the electoral roll
96E Prohibition on certain indirect campaign contributions
96EA Prohibition on political donations by parties etc to independent candidates
96F Prohibition on receiving gifts of unknown source
96G Prohibition on receiving loans unless details recorded
96GAA Meaning of “prohibited donor”
96GAB Superseded provision of Division relating to corporate donations
96GA Political donations by prohibited donors unlawful
96GB Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity”
96GC Loans included as political donations
96GD Exception for membership contributions
96GE Determination by Authority that person not a prohibited donor
96H Offences relating to disclosures
96HA Offences relating to caps on donations and expenditure
96I Other offences
96J Recovery of unlawful donations etc
96K Audit certificate
96L Extension of due date for making disclosures
96M Amendment of disclosures
96N Annual financial statements of registered parties to accompany disclosures
97 (Repealed)
Part 6A Administrative and policy development funding
97A Application to State members and parties only
97AB (Repealed)
97B Administrative expenditure—payments from Administration Fund
97C Policy development expenditure—payments from Policy Development Fund
Division 2 Administrative funding for parties and independent members
97D Establishment of Administration Fund
97E Public funding of eligible parties for administrative expenditure
97F Public funding of Independent members for administrative expenditure
97G Parties with the same endorsed elected members
97GA Quarterly payments
Division 3 Policy development funding for parties not entitled to administrative funding
97H Establishment of Policy Development Fund
97I Public funding of eligible parties for policy development expenditure
Division 4 General provisions relating to funding
97J Claims for payment
97K Declarations etc by agents
97L Payments conditional on compliance with other obligations under this Act
97M False statements
98 Appropriation of Consolidated Fund for election funding
99 Funding of other expenses
100 Money received by Authority
101 Financial year of the Authority
102, 103 (Repealed)
104 Shortened references to Authority
105 Proof of certain matters not required
106 Extensions of time
107 Reports to Parliament
108 (Repealed)
109 Certain persons not to be auditors
110 Inspection
110A Power to require provision of documents and information
110B Compliance agreements
111 Proceedings for offences
111A Penalty notices
112 Prosecution of unincorporated bodies
113 Recovery of penalties etc from parties
114 Evidence
115 Delegation
116 Transitional provisions
117 Regulations
Schedule 1 Adjustment for inflation of monetary caps