Disclosure of political donations and electoral expenditure

Parties, candidates and other electoral participants are responsible for understanding and complying with the rules for disclosing political donations and electoral expenditure set out in the Electoral Funding Act and the Electoral Funding Regulation.

This section provides an overview of what parties, candidates and other electoral participants need to understand about disclosing political donations and electoral expenditure.

The rules set out in the Political donations section, in relation to who is responsible for the management and disclosure of political donations and electoral expenditure, apply to disclosing political donations and electoral expenditure.

Read more about disclosures or contact us.

What is disclosure?

A disclosure is the reporting of information to the NSW Electoral Commission related to:

• political donations received and made, and electoral expenditure incurred by parties, elected members, candidates and associated entities
• electoral expenditure incurred during a capped expenditure period and political donations received by third-party campaigners to pay for that electoral expenditure, and
• reportable political donations made by major political donors.

Disclosures are made in a declaration that is like a statutory declaration: the person making the disclosure must declare that all that is required to be disclosed has been disclosed. It is an offence to fail to submit a disclosure by the deadline, make a false statement in the declaration or make an incomplete disclosure without a reasonable excuse. 

Disclosures made to the NSW Electoral Commission are published on the NSW Electoral Commission website, including the names and addresses of those who make reportable political donations. If a political donor is a silent elector and has made a reportable political donation they should contact us to ensure their address is not published on the website. 

What are the disclosure requirements for a state by-election?

The following types of disclosures apply:

• half-yearly disclosures of political donations
• annual disclosures of electoral expenditure, and
• annual disclosures of reportable political donations (major political donors only).

Half-yearly disclosures of political donations

Political donations (except those disclosed in a pre-election disclosure) must be disclosed every six months.

• Parties and candidates must disclose all political donations made and received every six months.
• Third-party campaigners must disclose all political donations received for the purpose of incurring electoral expenditure during the capped expenditure period for the election.
• The half-yearly periods are: 1 July to 31 December and 1 January to 30 June.
• Disclosure obligations commence from the time you become a candidate and end for the period that includes the 30^th day after the election.
• Disclosures must be made within six weeks of the end of each half-yearly period: that is, by 11 February and 11 August.
• Even if you have not made or received any political donations during the half-yearly period you must make a disclosure.
• Copies of the receipts/acknowledgements issued to donors who made a reportable political donation must be provided with the disclosure.
• Major political donors are not required to make half-yearly political donation disclosures but must disclose annually (see below).

Annual disclosures of electoral expenditure

Electoral expenditure incurred must be disclosed on an annual basis following the end of each financial year.

• Parties and candidates must disclose all electoral expenditure incurred annually.
• Third-party campaigners must disclose all electoral expenditure incurred during the capped expenditure period for the election.
• The annual period starts 1 July and ends 30 June.
• Electoral expenditure incurred must be disclosed within 12 weeks after the end of the annual period: that is, by 22 September.
• Even if you have not incurred any electoral expenditure during the annual period you must make a disclosure.
• Copies of either the accounts or receipts (or a mixture of both) issued in respect of the expenditure must be provided with the disclosure.
• Copies of any advertising material to which expenditure relates, except online advertising material if the cost of the transaction for the advertising material did not exceed $20, must be provided with the disclosure.
• Major political donors are not required to make annual disclosures of electoral expenditure.

Annual disclosures of reportable political donations made by donors

A person or entity (other than a party, elected member, group or candidate) that makes a reportable political donation during an annual period is defined as a major political donor and must make a disclosure of all reportable political donations made in the annual period.

The annual period starts 1 July and ends 30 June each year. Annual disclosures of reportable political donations made by major political donors are due within six weeks of the end of the financial year, which is 11 August.

If you receive a reportable political donation you must issue the donor with a receipt/ acknowledgement that includes a statement advising the donor of their disclosure obligation. This assists donors in making their disclosures on time.

How to make disclosures

Disclosures can be made using Funding and disclosure online following the instructions on entering data and completing a disclosure form. Disclosure information can be entered at any time from the start of the disclosure period until the disclosure lodgement deadline.

Disclosures can also be made using disclosure forms that are available on the NSW Electoral Commission website. The forms are available during the period in which the disclosures must be made to the NSW Electoral Commission. Disclosure forms can be submitted to the NSWEC by mail, or fax.

Disclosure forms must be completed and signed by the person responsible. Information about determining who is responsible for the management and disclosure of political donations and electoral expenditure can be found in the Political donations section.

Relevant supporting documentation must be provided with disclosures including receipt/acknowledgement books, copies of accounts or receipts for electoral expenditure and copies of electoral material. Parties must also provide its financial records and bank statements with the disclosure for the half-yearly period ending 30 June.

Disclosure forms must be submitted by the relevant due date. Penalties apply (including fines and prosecution) for failing to make disclosures on time. If you are unable to submit a disclosure form on time you may request an extension before or on the due date. The NSWEC can only approve an extension if there is good cause and sufficient reasons provided to justify the extension.

Amending a disclosure after it is submitted

To amend a disclosure form previously submitted to the NSW Electoral Commission use Funding and disclosure online following the instructions on amending a previously submitted disclosure form. 

Inspection and auditing of disclosures

Each disclosure is published on the NSW Electoral Commission website.

The NSW Electoral Commission undertakes compliance audits of the disclosures to ensure they comply with the requirements of the Electoral Funding Act. As part of a compliance audit, the person responsible for making a disclosure must assist the NSW Electoral Commission as required.

Disclosures are retained for at least six years and are made available for inspection to the public.