Political donations
You must be registered for the election before accepting political donations.
Once your registration is confirmed by the NSW Electoral Commission you may accept political donations for the election so long as they comply with the law.
Candidates and groups who are not already registered before being nominated are taken to be registered once the NSW Electoral Commission confirms that they have been validly nominated. Political donations can be accepted for the election from that time.
There are strict rules in NSW about who can make political donations. Only people on the electoral roll, entities with an Australian business number, or people whose identification has been accepted by the NSW Electoral Commission can lawfully make political donations. Anonymous donations are unlawful.
Recipients of donations should take all reasonable steps to satisfy themselves that every individual donor is permitted to make a political donation before accepting it. Such steps could include, but are not limited to:
- Recommending that individual donors check their own enrolment prior to donating. This may be done using our online tool.
- Requiring all individual donors (not just major donors) to provide their enrolled address details during the donation process, whenever feasible (such as through online donations)
- Requiring all potential donors to confirm during the donation process that they are enrolled and are not otherwise prohibited from making political donations under NSW law
- Not accepting any donations made electronically where enrolment details are not provided or confirmed for individual donors
A receipt must be issued for all reportable donations received, and the name and enrolled address of an individual donor must be recorded on that receipt.
It is unlawful to accept a political donation from an individual who is not enrolled or who is otherwise a prohibited donor. If a donation is accepted from an individual who is not enrolled or is a prohibited donor, the NSW Electoral Commission may take recovery action against the person responsible to the value of the unlawful donation.
Accepting such a donation may also be a criminal offence and twice the value of the unlawful donation may be recovered where the recipient knew that it was unlawful.
Up to $100 in cash can be accepted as a political donation. It is unlawful for a person to make or accept a political donation in the form of cash over $100.
Political donations in the form of cash over $100 must be made electronically or by cheque, so that they can be properly traced.
Donors can verify their enrolment using our online tool.
Political donations made to political parties, elected members, candidates, groups of candidates, associated entities, and third-party campaigners are capped in New South Wales.
Additionally, indirect campaign contributions that exceed certain threshold amounts are prohibited. The threshold amounts are equal to the caps on political donations.
A candidate or group can only accept donations from a political donor up to the applicable donation cap for the candidate or group each financial year. The donation caps are adjusted each financial year and are published on the Caps on political donations page.
Candidates and groups are permitted to accept political donations for the election at any time after they are registered for the election.
Yes. Any personal payments must be disclosed to the NSW Electoral Commission in the relevant half-yearly disclosure of political donations. While there is not a limit on the amount a candidate can contribute to their own campaign, electoral expenditure is capped, and the candidate must not breach the applicable electoral expenditure cap.
All personal payments or contributions, along with political donations received must be deposited into the campaign account, and payments for electoral expenditure must be made from the campaign account and disclosed as part of an annual disclosure of electoral expenditure.
During the financial year in which an election is held, there are exemptions to caps on political donations. A Legislative Council candidate who is a member of a party can make a political donation to the party of up to $55,800 that is to be disregarded for the purpose of the cap; and a Legislative Council candidate who is not a member of a party but is a member of a group can make a political donation to the group up to $55,800 that is to be disregarded for the purpose of the cap.
A Legislative Assembly candidate can make a political donation to their party of up to $66,400 that is to be disregarded for the purpose of the cap. Such donations are required to be disclosed as part of the appropriate half-yearly donation disclosure.
View the cap amounts and more information on political donations.
All reportable political donations made or received between 1 October 2022 and 25 March 2023 (inclusive) must be disclosed to the NSW Electoral Commission within 21 days as part of a pre-election period donation disclosure.
A reportable political donation is a donation that is valued at $1,000 or more. This includes multiple donations made by the same donor to the same recipient in the current financial year (starting 1 July 2022) that, in aggregate, are valued at $1,000 or more.
Any reportable political donations made before 1 October 2022 or after 25 March 2023 and all small political donations (under $1,000) do not need to be disclosed within 21 days, but instead must be disclosed in the appropriate half-yearly donation disclosure.
More information about pre-election period donation disclosure.
Any reportable political donations made before 1 October 2022 or after 25 March 2023 and all small political donations (under $1,000) do not need to be disclosed within 21 days as part of a pre-election period disclosure, but instead must be disclosed in the appropriate half-yearly donation disclosure.
All reportable political donations made or received between 1 October 2022 and 25 March 2023 (inclusive) must be disclosed to the NSW Electoral Commission within 21 days as part of a pre-election period donation disclosure.
If multiple donations made by the same donor to the same recipient in the current financial year (starting 1 July 2022) become reportable during the pre-election period (1 October 2022 to 25 March 2023) by aggregating to $1,000 or more during that time, then all the small donations that are part of that aggregated reportable political donation must be disclosed in a pre-election period disclosure within 21 days of the aggregation occurring.
More information about pre-election period donation disclosure.
Political donations received before the pre-election period which are less than $1,000 or do not aggregate to $1,000 are considered small donations and must be disclosed in the half-yearly donation disclosure for the period 1 June to 31 December 2022 due by 13 February 2023.