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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electoral Legislation Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electoral Act 2017 No 66--miscellaneous 3
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos
on ballot papers 6
Schedule 3 Amendment of Electoral Funding Act 2018 No 20 13
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Electoral Legislation Amendment Bill 2022
Act No , 2022
An Act to amend electoral legislation to make further provision about the election of members of
Parliament, the regulation of political donations and electoral expenditure and the public funding
of election campaigns and other activities; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Electoral Legislation Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Electoral Legislation Amendment Act 2022.
2 Commencement
(1) Subject to subsections (2) and (3), this Act commences on a day or days to be
appointed by proclamation.
(2) Schedule 2 commences on 1 October 2024.
(3) Schedule 3[27]-[31] and [34]-[36] is taken to have commenced on 1 July 2022.
Page 2
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Electoral Act 2017 No 66--miscellaneous
Schedule 1 Amendment of Electoral Act 2017 No 66--
miscellaneous
[1] Section 114 Hours of operation of early voting centres
Omit section 114(2)(a). Insert instead--
(a) any day before the Saturday preceding the election day, and
[2] Section 149 Preliminary scrutiny of postal ballot papers
Omit "5 days" from section 149(1)(a). Insert instead "14 days".
[3] Section 149(1)(b)(i)
Omit the subparagraph. Insert instead--
(i) received by the Electoral Commissioner following the close of
voting before the expiry of the period prescribed by the
regulations, being a period of not more than 13 days, or
[4] Section 149(2)(a1) and (a2)
Insert after section 149(2)(a)--
(a1) for a postal vote certificate posted to the Electoral Commissioner--the
certificate was completed before the close of voting, and
(a2) for a postal vote certificate delivered to an election official--the
certificate was delivered before the close of voting, and
[5] Section 149A
Insert after section 149--
149A Saving of certain postal ballot papers
(1) This section applies if, for an election, the Electoral Commissioner has
delivered or posted 2 envelopes to electors under this Division, being--
(a) an envelope on which a postal vote certificate is printed, and
(b) an envelope addressed to the Electoral Commissioner.
Note-- See sections 144(a1) and 145(2)(a1).
(2) Despite sections 148 and 149, a ballot paper is not to be rejected for further
scrutiny because the ballot paper was not inside the envelope on which the
postal vote certificate is printed if--
(a) the ballot paper was sealed inside the envelope addressed to the
Electoral Commissioner, and
(b) the ballot paper was accompanied by the envelope on which the postal
vote certificate is printed, and
(c) the Electoral Commissioner is satisfied the postal vote certificate has
been properly signed and witnessed and relates to the ballot paper.
[6] Section 182 Electoral matter involving joint voting directions
Omit "the registered officer or official agent" from section 182(3)(c).
Insert instead "the registered officer or the first candidate of the group of candidates".
[7] Section 186 Name and address on electoral material
Insert after section 186(1)--
Page 3
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Electoral Act 2017 No 66--miscellaneous
(1A) For electoral material that is a social media post, the name and address of the
individual on whose instructions the material was published or distributed
must be published or distributed in a way, if any, prescribed by the regulations.
Example-- For a 3-minute TikTok video, the regulations may prescribe that the name
and address be displayed for a specified number of seconds or with a specified size as
a percentage of the video display.
[8] Section 186(2)(d)
Insert "or thing" after "article".
[9] Section 190 Defences and exceptions
Omit "councillor" from section 190(2)(d). Insert instead "member".
[10] Section 206A
Insert after section 206--
206A Voting centre managers and election officials to consider guidelines before
enforcing "6-metre" rules
(1) A voting centre manager or an election official must not exercise a function
under this Division in relation to contravention of a 6-metre offence unless the
manager or official has considered the guidelines, if any, issued under
subsection (2).
(2) The Electoral Commissioner may, from time to time, determine and issue
guidelines, not inconsistent with this Act, about the exercise, by voting centre
managers and election officials, of functions under this Division in relation to
a contravention of a 6-metre offence.
(3) In this section--
6-metre offence means an offence against the following--
(a) section 191(b),
(b) section 192(1), but not in relation to an activity within an early voting
centre,
(c) section 196(b),
(d) section 198(1), but not in relation to an activity within a voting centre.
[11] Section 268 Disclosure of information
Insert at the end of the section after the penalty provision--
(2) Despite subsection (1), the Electoral Commission or the Electoral
Commissioner may disclose information if--
(a) the information is disclosed to a person who has given information to
the Electoral Commission or Electoral Commissioner about a possible
contravention of this Act or the Electoral Funding Act 2018 or a
regulation under either of the Acts, and
(b) the disclosure is reasonably necessary for the purpose of--
(i) reporting the progress of an investigation into the possible
contravention, or
(ii) providing the person who gave the information with advice as to
the outcome of the investigation or any action taken as a result of
the investigation, and
(c) the Electoral Commission or the Electoral Commissioner, as the case
requires, is satisfied the disclosure is in the public interest.
Page 4
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Electoral Act 2017 No 66--miscellaneous
(3) Despite subsection (1), the Electoral Commission or the Electoral
Commissioner may disclose information if--
(a) the information concerns a possible contravention of this Act or the
Electoral Funding Act 2018 or a regulation under either of the Acts, and
(b) the disclosure is for the purpose of reporting to the public about the
progress or outcome of an investigation into the possible contravention,
and
(c) the Electoral Commission or the Electoral Commissioner, as the case
requires, is satisfied the disclosure is in the public interest.
(4) The Electoral Commission and the Electoral Commissioner have qualified
privilege in proceedings for defamation arising out of a disclosure made under
this section.
[12] Schedule 6 Special provisions relating to multiple voters
Omit "section 212(b)" from clause 1(1)(a) and (b).
Insert instead "section 212(1)(b)".
[13] Schedule 7 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Special provision for 2023 general election and
certain 2022 by-elections
Technology assisted voting other than telephone voting not to be used
(1) Technology assisted voting, other than telephone voting for vision impaired or
blind electors, is not to be used at--
(a) the 2023 general election, or
(b) a by-election held during the period after 30 June 2022 and before the
2023 general election.
(2) Subclause (1) does not prevent the Electoral Commissioner determining under
section 162 that technology assisted voting comprising telephone voting for
vision impaired or blind electors is not to be used at the 2023 general election.
Page 5
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
Schedule 2 Amendment of Electoral Act 2017 No 66--
regarding party logos on ballot papers
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
registered abbreviation, of the name of a party, means the abbreviation of the
name of the party included in the Register of Parties.
registered logo, of a party, means the logo of the party included in the Register
of Parties.
registered name, of a party, means the name of the party included in the
Register of Parties.
[2] Section 59 Application for registration
Insert after section 59(2)(b)--
(b1) if the party wishes to be able to use a logo on ballot papers or electoral
material--include the following--
(i) a copy of the logo as a black and white image in a format
determined by the Electoral Commissioner,
(ii) a declaration that the use of the logo will not infringe the
intellectual property rights of any person,
(iii) other requirements relating to the logo as determined by the
Electoral Commissioner, and
[3] Section 62, heading
Omit "Party". Insert instead "Parties and logos".
[4] Section 62(1)
Insert "or logo" after "party".
[5] Section 64 Refusal to register
Insert after section 64(5)--
(5A) The Electoral Commissioner must refuse to register a party if, in the opinion
of the Electoral Commissioner, the logo of the party, if any, as set out in the
application for registration of the party--
(a) is obscene or offensive, or
(b) is the logo of a registered party or a party currently represented in
Parliament or another person, or
(c) so nearly resembles the logo of a registered party or a party currently
represented in Parliament or another person it is likely to be confused
with or mistaken for the logo, or
(d) is one a reasonable person would think suggests a connection or
relationship exists between the party and another registered party if that
connection or relationship does not in fact exist, or
(e) comprises or contains the words "Independent Party" or comprises or
contains the word "Independent" and--
(i) the name, or an abbreviation or acronym of the name, or logo of
a registered party or a party currently represented in Parliament,
or
Page 6
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
(ii) matter that so nearly resembles the name, or an abbreviation or
acronym of the name, or logo of a registered party or a party
currently represented in Parliament that the matter is likely to be
confused with or mistaken for that name or that abbreviation or
acronym.
(5B) The Electoral Commissioner may refuse to register a party if, in the opinion of
the Electoral Commissioner, the logo of the party, if any, as set out in the
application for registration of the party--
(a) is the logo of a party registered under this Part at any time during the
previous 2 years (a recently deregistered party), or
(b) so nearly resembles the logo of a recently deregistered party it is likely
to be confused with or mistaken for the logo, or
(c) is one a reasonable person would think suggests a connection or
relationship exists between the party and a recently deregistered party if
that connection or relationship does not in fact exist, or
(d) comprises or contains the words "Independent Party" or comprises or
contains the word "Independent" and--
(i) the name, or an abbreviation or acronym of the name, or logo of
a recently deregistered party, or
(ii) matter that so nearly resembles the name, or an abbreviation or
acronym of the name, or logo of a recently deregistered party that
the matter is likely to be confused with or mistaken for that name,
abbreviation, acronym or logo.
[6] Section 64(8)
Insert after section 64(7)--
(8) Despite subsection (5A), if a party is registered under the Commonwealth Act
(a Commonwealth registered party), the Electoral Commissioner must not
refuse to register the Commonwealth registered party, under this Act, or
another party if the Commonwealth registered party has given its consent in
writing to the registration, with the same logo as the Commonwealth
registered party is registered under the Commonwealth Act by reason only of
a ground set out in the following--
(a) subsection (5A)(a),
(b) subsection (5A)(b) or (c), unless the registered party or party currently
represented in Parliament referred to in subsection (5A)(c) or (d) is not
registered under the Commonwealth Act.
[7] Section 70 Public access to Register
Insert after section 70(3)(b)--
(b1) the registered logo of the party, if any,
[8] Section 101 Assembly election ballot papers
Omit "the names of registered parties or the word "Independent" is" from section 101(3)(f).
Insert instead "the names of registered parties and logos, or the word "Independent" and the
candidate's logo, are".
[9] Section 102 Periodic Council election ballot papers
Insert "and logos" after "names" in section 102(5)(f).
Page 7
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
[10] Section 104 Notification of party nomination
Insert after section 104(1)--
(1A) The registered officer of a registered party may request that the registered logo
of the party be appropriately printed on the ballot papers for an election for a
candidate who has been nominated by that registered officer.
[11] Section 104(5)
Omit the subsection.
[12] Section 105A
Insert after section 105--
105A Request for use of independent candidate logo
(1) A candidate, or a person intending to become a candidate, in an Assembly
election may make a written request that a logo be printed on the ballot papers
for the election adjacent to the candidate's name.
(2) The request must include the following--
(a) a copy of the logo as a black and white image in a format determined by
the Electoral Commissioner,
(b) a declaration that the use of the logo will not infringe the intellectual
property rights of any person,
(c) other requirements relating to the logo as determined by the Electoral
Commissioner.
(3) The request must be given to the Electoral Commissioner at least 2 weeks, or
another period prescribed by the regulations, before 12 noon on the
nomination day.
(4) The Electoral Commissioner must refuse a request that does not comply with
subsection (3).
(5) The Electoral Commissioner must also refuse a request under this section if,
in the opinion of the Electoral Commissioner, the logo--
(a) is obscene or offensive, or
(b) is the logo of a registered party or a party currently represented in
Parliament or another person, or
(c) so nearly resembles the logo of a registered party or a party currently
represented in Parliament or another person it is likely to be confused
with or mistaken for the logo, or
(d) is one a reasonable person would think suggests a connection or
relationship exists between the candidate and another person or a
registered party if that connection or relationship does not in fact exist,
or
(e) comprises or contains the words "Independent Party" or comprises or
contains the word "Independent" and--
(i) the name, or an abbreviation or acronym of the name, or logo of
a registered party or a party currently represented in Parliament,
or
(ii) matter that so nearly resembles the name, or an abbreviation or
acronym of the name, or logo of a registered party or a party
currently represented in Parliament that the matter is likely to be
Page 8
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
confused with or mistaken for that name or that abbreviation or
acronym.
(6) The Electoral Commissioner may refuse a request under this section if, in the
opinion of the Electoral Commissioner, the logo--
(a) is the logo of a party registered under Part 6 at any time during the
previous 2 years (a recently deregistered party), or
(b) so nearly resembles the logo of a recently deregistered party it is likely
to be confused with or mistaken for the logo, or
(c) is one a reasonable person would think suggests a connection or
relationship exists between the candidate and a recently deregistered
party if that connection or relationship does not in fact exist, or
(d) comprises or contains the words "Independent Party" or comprises or
contains the word "Independent" and--
(i) the name, or an abbreviation or acronym of the name, or logo of
a recently deregistered party, or
(ii) matter that so nearly resembles the name, or an abbreviation or
acronym of the name, or logo of a recently deregistered party that
the matter is likely to be confused with or mistaken for that name,
abbreviation, acronym or logo.
[13] Section 106 Printing of party name etc on ballot papers
Omit "under this Subdivision" from section 106(1)(b).
Insert instead "under section 104(1)".
[14] Section 106A
Insert after section 106--
106A Printing of party logo on ballot papers
(1) Assembly elections
The registered logo of a registered party must be printed on the ballot papers
adjacent to the name of a candidate in an Assembly election if--
(a) the candidate has been nominated by the registered officer of the
registered party as a candidate in the election, and
(b) a request has been made for the candidate under section 104(1A).
(2) Periodic Council elections
This subsection applies if--
(a) 2 or more persons have been nominated as candidates in a periodic
Council election by 1 or more registered officers of registered parties,
and
(b) the candidates have duly requested under Division 3 a group voting
square for the purposes of the election, and
(c) a request has been made for the candidates under section 104(1A).
(3) If subsection (2) applies, the following requirements apply to the printing of
the ballot papers in the periodic Council election--
(a) if all the candidates were endorsed by the same party and a group voting
square is printed on the ballot papers in relation to the candidates--the
registered logo of the registered party must be printed on the ballot
papers adjacent to that square,
Page 9
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
(b) if the request under this Subdivision included a request that a composite
name be printed adjacent to the group voting square on the ballot papers
in relation to the candidates--the registered logos of the registered
parties must be printed on the ballot papers adjacent to that square.
106B Printing of independent candidate logo on ballot papers
(1) The logo of a candidate in an Assembly election must be printed on the ballot
papers adjacent to the name of a candidate if--
(a) a request has been validly made by the candidate under section 105A,
and
(b) the Electoral Commissioner has not refused the request.
(2) Subsection (1) does not apply to a candidate nominated or endorsed by a
registered party.
[15] Section 165 Informal ballot papers
Insert after section 165(3)(g)--
(h) in relation to any ballot paper written by hand--by reason of the failure
of the ballot paper having printed on it--
(i) the registered logo of a registered party, or
(ii) if a composite name was required to be printed on the ballot paper
for a periodic Council election--the registered logo of each
registered party to which the composite name relates, or
(iii) the logo of a candidate as required by section 106B.
[16] Schedule 4 Legislative Assembly ballot paper
Insert after 'the word "Independent".'--
Insert the candidate's logo or the registered party logo of the candidate's
registered party adjacent to the name of the candidate, if appropriate.
[17] Schedule 5
Omit the Schedule. Insert instead--
Schedule 5 Legislative Council ballot paper
Sections 100(3), 103(2) and 155(3)
Page 10
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
1 Form of ballot paper for periodic Council election with 33 groups or fewer
Page 11
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Electoral Act 2017 No 66--regarding party logos on ballot papers
2 Form of ballot paper for periodic Council election with more than 33 groups
[18] Schedule 7 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provision consequent on enactment of Electoral
Legislation Amendment Act 2022
Registered party logo provisions not to extend to local government elections
(1) The amendments made by the Electoral Legislation Amendment Act 2022,
Schedule 2 do not apply in relation to a local government election until a date
prescribed by the regulations for the purposes of this clause.
(2) To avoid doubt, the reference in the Local Government Act 1993, section
320(2) to the "procedure applicable under Part 6 of the Electoral Act 2017"
does not include a procedure relating to a registered logo of a party until the
prescribed date.
Page 12
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
[1] Section 4 Definitions
Omit the definition of auditor. Insert instead--
auditor includes a person appointed to conduct an audit under section 59(3) or
74(3).
[2] Section 7 Meaning of "electoral expenditure"
Omit "or in auditing campaign accounts" wherever occurring in section7(1)(h) and (4).
[3] Section 7(4A)
Insert after section 7(4)--
(4A) For the purposes of Part 3 (Political donations and electoral expenditure),
Division 4 (Caps on electoral expenditure for election campaigns), electoral
expenditure does not include expenditure incurred on travel and travel
accommodation for candidates and staff engaged in electoral campaigning.
(4B) For the purposes of Part 3 (Political donations and electoral expenditure),
Division 4 (Caps on electoral expenditure for election campaigns), electoral
expenditure does not include expenditure incurred for office accommodation
for a single campaign office for a candidate or a party engaged in an election
campaign, including for the campaign headquarters of a party, but only to a
maximum amount of $20,000 for each capped expenditure period.
(4C) To avoid doubt, expenditure incurred for office accommodation that exceeds
the amount referred to in subsection (4B) in a capped expenditure period is
electoral expenditure for the purposes of Part 3, Division 4.
(4D) The amount referred to in subsection (4B) is an adjustable amount that is to be
adjusted for inflation as provided by Schedule 1.
(4E) Subsection (4A) does not apply to expenditure incurred in connection with a
motor vehicle, vessel or aircraft decorated with or displaying advertising or
electoral material for a candidate or party.
(4F) Accordingly, expenditure incurred in connection with a motor vehicle, vessel
or aircraft decorated with or displaying advertising or electoral material for a
candidate or party is electoral expenditure for the purposes of Part 3, Division
4.
[4] Section 14A
Insert after section 14--
14A Person responsible for making disclosures for dis-endorsed candidates
(1) This section applies to State elections.
(2) A party agent of the registered party may, by written notice given in an
approved way, notify the Electoral Commission the party has dis-endorsed a
candidate.
(3) Despite subsection 14(1)(d), on and from the receipt of the notice by the
Electoral Commission, the person responsible for making a disclosure
required under this Part for the candidate is the candidate and not the party
agent of the registered party.
(4) The party agent of the registered party must give a copy of the notice to the
candidate.
Page 13
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
(5) A written notice given under subsection (2) is not invalid because of a failure
to comply with subsection (4).
(6) The regulations may make further provision dealing with the consequences of
the giving of notices under this section.
[5] Section 15 When disclosures of political donations to be made
Omit "4 weeks" wherever occurring in section 15(1)(b) and (2)(b).
Insert instead "6 weeks".
[6] Section 15(2)(a)
Omit "4 weeks". Insert instead "6 weeks".
[7] Section 17 How are disclosures to be made
Omit section 17(3).
[8] Section 19 Political donations required to be disclosed
Insert "received or" before "made during" in section 19(2).
[9] Section 19(2)(b)
Insert "received or" before "made".
[10] Part 3, Division 4, note
Omit the note. Insert instead--
Note-- Under section 7(4)-(5) certain types of expenditure are taken not to be
electoral expenditure for the purposes of this Division (for example, expenditure
incurred in raising funds for an election or expenditure on travel and travel
accommodation for candidates and staff engaged in electoral campaigning).
[11] Section 29 Applicable caps on electoral expenditure for State election campaigns
Omit section 29(10). Insert instead--
(10) Third-party campaigners
For a State general election, the applicable cap for a third-party campaigner
is--
(a) $1,288,500--if the third-party campaigner was registered under this
Act before the commencement of the capped State expenditure period
for the election, or
(b) $644,300--in other cases.
[12] Section 35 Limit on electoral expenditure--third-party campaigner acting in concert
with others
Omit the section.
[13] Section 37 Campaign accounts of parties
Insert "a" before "party agent" in section 37(8).
[14] Section 57 Exception to aggregation for small donations at fundraising ventures and
functions
Omit "$50" from section 57(1)(a). Insert instead "$100".
Page 14
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
[15] Section 58 Recovery of unlawful donations and expenditure and certain other
property developer donations
Omit section 58(5).
[16] Section 59 Electoral Commission may audit disclosures
Omit "an auditor" from section 59(3).
Insert instead "a person, who the Electoral Commission is satisfied has sufficient skills and
experience,".
[17] Section 60 Extension of due date for making disclosures
Insert "on or" before "before" in section 60(1).
[18] Section 63 Definition
Omit "State election" from the definition of actual campaign expenditure, paragraph (a).
Insert instead "State general election".
[19] Section 72 Entitlements to advance payments
Omit section 72(2) and (3). Insert instead--
(2) A party may receive the following amounts by way of advance payment under
this section at the following times--
(a) 50% of the total amount to which the party was entitled under this Part
in respect of the previous general election, after the commencement of
the capped State expenditure period for the general election and before
the issue of the writs for the general election,
(b) a further 25% of the total amount to which the party was entitled under
this Part in respect of the previous general election, after the issue of the
writs for the general election.
(3) The amount payable by way of an advance payment under this section may be
paid as a lump sum or in instalments.
[20] Section 74 Electoral Commission may audit claims
Omit "an auditor" from section 74(3).
Insert instead "a person, who the Electoral Commission is satisfied has sufficient skills and
experience,".
[21] Section 87 Public funding of eligible parties for administrative expenditure
Omit "Division" from section 87(4). Insert instead "Part".
[22] Section 87(4A)
Insert after section 87(4)--
(4A) Despite subsection (4), the number of endorsed elected members of a party in
relation to any quarterly payment for a quarter during which a dissolution or
expiry of the Assembly occurs is to be determined as at the date immediately
before the date of the dissolution or expiry.
[23] Section 90 Provisions relating to quarterly payments
Omit "party or elected member (or agent of the party or elected member)" from section
90(2).
Page 15
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
Insert instead "party or party agent of the party or elected member".
[24] Section 90(2A)
Insert after section 90(2)--
(2A) If actual administrative expenditure incurred by or on behalf of a party or
elected member in a quarter was less than the maximum amount, if any, the
party or elected member would have been eligible to receive under section 87
or 88 for the quarter, had the actual administrative expenditure been incurred,
the difference may be carried over to a subsequent quarter in the same calendar
year and added to the maximum amount the party or elected member is eligible
to receive under section 87 or 88 in the subsequent quarter.
[25] Section 91 Quarterly advance payments
Omit "50%" from section 91(2). insert instead "100%".
[26] Sections 91(2), (4) and (5)
Omit "section 90" wherever occurring. Insert instead "section 87 or 88"
[27] Part 5, Division 3, note
Omit the note.
[28] Part 5, Division 3
Omit "calendar year" wherever occurring.
Insert instead "financial year".
[29] Section 93 Public funding of eligible parties for policy development expenditure--
payment from New Parties Fund
Omit "63 cents" from section 93(4). Insert instead "70 cents".
[30] Section 93(5)
Omit "$12,300" wherever occurring. Insert instead "$13,300".
[31] Section 94 Claims for payment
Insert "or financial year" after "calendar year" wherever occurring.
[32] Section 94(7)
Omit "party or elected member or agent of the party or elected member".
Insert instead "party or party agent of the party or elected member".
[33] Section 157
Insert after section 156--
157 Registered officer may act when party agent is absent
(1) If at any time a party agent for a party is absent or otherwise unavailable, the
registered officer of the party under the Electoral Act 2017 or under the Local
Government Act 1993, as the case requires, may lodge the following on behalf
of the party agent--
(a) a declaration under Part 3, Division 2,
(b) a claim for a payment under Part 4 or Part 5.
Page 16
Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
(2) Despite subsection (1), a registered officer may lodge a declaration or claim or
both on behalf of a party agent only if--
(a) the registered officer has completed the training prescribed by the
regulations for appointment as a party agent, unless the person is of a
class of persons recognised by the regulations as a person eligible for
appointment as a party agent without further training, and
(b) the party agent or the registered officer has given the Electoral
Commission written notice of the party agent's absence or
unavailability and the registered officer's intention to lodge
declarations or claims or both under this section during the absence or
unavailability.
(3) To avoid doubt, a party agent for a party remains the person responsible for
making a disclosure required under Part 3, Division 2 even if the registered
officer of the party has lodged a declaration under this section.
(4) A reference in section 142 to a party agent is taken to include a reference to a
registered officer of a party under the Electoral Act 2017 or under the Local
Government Act 1993 exercising functions under this section.
[34] Schedule 1 Adjustment for inflation of monetary amounts
Omit "and new party policy development" from the heading to clause 5.
[35] Schedule 1, clause 5(1) and (2)
Omit "Divisions 2 and 3 of Part 5" wherever occurring.
Insert instead "Part 5, Division 2".
[36] Schedule 1, clause 5A
Insert after clause 5--
5A Adjustment of new party policy development amounts
(1) Each of the adjustable amounts specified in section 93 must be adjusted for
inflation for the 2023-24 financial year and each subsequent financial year as
provided by this clause.
(2) The adjustable amounts that are to apply for the 2023-24 financial year are to
be determined by multiplying the adjustable amounts specified in section 93
by the annual increase in the Consumer Price Index during the previous
financial year.
(3) The adjustable amounts that are to apply for a subsequent financial year are to
be determined by multiplying the adjustable amounts that applied for the
previous financial year by the annual increase in the Consumer Price Index
during that previous financial year.
(4) The annual increase in the Consumer Price Index during a financial year must
to be calculated as B A where--
A is the Consumer Price Index number for the last quarter for which that
number was published before the start of the financial year.
B is the Consumer Price Index number for the last quarter for which that
number was published before the end of the financial year.
(5) If B A is less than 1 (as a result of deflation), B/A is deemed to be 1.
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Schedule 3 Amendment of Electoral Funding Act 2018 No 20
(6) The Electoral Commission must publish notice on the NSW legislation
website and its website of the amount of each adjustable amount for a financial
year, as adjusted under this Schedule, before the start of the financial year.
5B Adjustment of office accommodation amount excluded from electoral
expenditure caps
(1) The adjustable amount specified in section 7(4B) applies for the first election
period that is current when the provision commences and is then to be adjusted
for inflation for subsequent election periods as provided by this clause.
(2) An election period is the period between the end of an election day and the end
of the election day of a successive general election.
Note-- State general elections and local government general elections have different
election periods.
(3) For the purposes of subclause (2), any local government general election held
on a day other than a day specified by the Local Government Act 1993, section
287(1) is to be disregarded.
Note-- The election period for local government general elections is the ordinary
4-year cycle and is to disregard early elections caused by mergers or other causes.
(4) The adjustable amounts that are to apply for a subsequent election period are
to be determined by multiplying the adjustable amounts that applied for the
previous election period by the increase in the Consumer Price Index during
that previous election period.
(5) The increase in the Consumer Price Index during an election period is to be
calculated as B/A where--
A is the Consumer Price Index number for the last quarter for which the
number was published before the start of the election period.
B is the Consumer Price Index number for the last quarter for which the
number was published before the end of the election period.
(6) If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.
(7) Before the start of each election period after the election period that is current
when this clause commences, the Electoral Commission is to publish notice on
the NSW legislation website and its website of the amount of each adjustable
amount for the election period that results from an adjustment under this
clause.
[37] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provision consequent on enactment of Electoral
Legislation Amendment Act 2022
Disclosures of political donations--section 15
Section 15, as in force immediately before the Electoral Legislation
Amendment Act 2022, Schedule 3[5] and [6] commenced, applies to a
half-year or a relevant disclosure period ending on 30 June 2022.
New Parties Fund--change to financial year
Part 5, Division 3, as in force immediately before the Electoral Legislation
Amendment Act 2022, Schedule 3[27]-[31] and [34]-[36] commenced,
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Electoral Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendment of Electoral Funding Act 2018 No 20
applies, for the period beginning on 1 January 2022 and ending on 30 June
2022, as if--
(a) the period were a calendar year, and
(b) the reference in section 93(4) to 63 cents was a reference to 35 cents,
and
(c) the reference in section 93(5) to $12,300 was a reference to $6,650.
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