This legislation has been repealed.
- As at 1 July 2018 - Act 78 of 1981 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. (Repealed) 4. Definitions 4A. Objects of Act PART 2 - (Repealed) None PART 3 - RESPONSIBILITIES OF THE ELECTORAL COMMISSION 22. General functions 23. Particular functions 24. Guidelines 25. (Repealed) PART 4 - REGISTRATION Division 1 - Preliminary 26.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 (Repealed) Division 2 - Register of Candidates 31.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 (Repealed) Division 5 - Registers for by-elections 50.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 Division 6 - General 52. Public access to registers 53. Statutory declarations 54. False statements PART 5 - PUBLIC FUNDING OF STATE ELECTION CAMPAIGNS Division 1 - Preliminary 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 Division 1 - Preliminary 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 95AA. (Repealed) 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 State 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. Identification of persons from whom donations can be accepted 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 Division 4A - Prohibition of donations from property developers or tobacco, liquor or gambling industries 96GAA. Meaning of "prohibited donor" 96GAB. (Repealed) 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 Electoral Commission that person not a prohibited donor Division 5 - Miscellaneous 96H. Offences relating to disclosures 96HA. Offences relating to caps on donations and expenditure 96HB. Offence relating to scheme to circumvent the donation or expenditure prohibitions or restrictions 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 Division 1 - Preliminary 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 97GB. Quarterly advance 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 PART 7 - FINANCIAL PROVISIONS 98. Appropriation of Consolidated Fund for election funding 99. Funding of other expenses 100. Money received by Electoral Commission 101. Financial year of the Electoral Commission 102, 103. (Repealed) PART 7A - SPECIAL PROVISIONS FOR 2015 STATE GENERAL ELECTION 103A. Application to 2015 State general election only 103B. Definitions 103C. Amount of public campaign funding for eligible parties 103D. Amount of public campaign funding for eligible independent candidates (or eligible candidates of parties not eligible for public campaign funding) 103E. No public campaign funding for endorsed candidates of eligible parties 103F. Special additional disclosure by recipients of political donations before 2015 election 103G. Indexation after 2011 State general election not to apply to political donation caps and electoral communication expenditure caps PART 8 - MISCELLANEOUS 104, 105. (Repealed) 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. (Repealed) 116. Transitional provisions 117. Regulations SCHEDULE 1 SCHEDULE 2