Person responsible
The person responsible for making disclosures of political donations and electoral expenditure is shown in the table below.
The person responsible for making disclosures by, or on behalf of, an elected member, candidate, group of candidates, third-party campaigner or associated entity is also responsible for:
keeping complete and accurate records of political donations and electoral expenditure
operating a campaign account
receiving political donations and making payments for electoral expenditure.
Political participant | Person responsible |
|---|---|
Political party | - Party agent |
Member of Parliament (MP) | - Party agent, if the MP is a member of a party that is registered for state elections - MP in all other cases |
State election candidate | - Party agent, if the candidate is a member of a party that is registered for state elections - State candidate in all other cases |
State election group of candidates | - Party agent of a party registered for state elections where all candidates in the group are members of the party - Party agent of a party registered for state elections where the lead candidate is a member of the party and one or more other candidates in the group are members of another party that is registered for state elections - **Lead candidate of the group in all other cases |
Councillor or mayor | - Councillor or mayor - ***Party agent of a registered party where the councillor or mayor is a member of the party and the party agent has consented, or made a decision, to be the person responsible |
Local government election candidate | - Candidate - ***Party agent of a registered party where the candidate is a member of the party and the party agent has consented, or made a decision, to be the person responsible |
Local government election group of candidates | - **Lead candidate of the group - ***Party agent of a registered party where one or more of the candidates are members of the party and the party agent has consented, or made a decision, to be the person responsible |
Associated entity | - Official agent of associated entity |
Third-party campaigner | - Official agent of third-party campaigner |
Major political donor | - If the donor is an individual, the individual - If the donor is an entity, the entity |
Dis-endorsed candidate | - Where a candidate in a state election is dis-endorsed by a registered party, a party agent may notify the NSW Electoral Commission that the party has dis-endorsed the candidate. - On and from the receipt of the notice by the Electoral Commission, the person responsible for making a disclosure for the dis-endorsed candidate is the candidate, and not the party agent of the registered party. |
A party that is registered for state elections is a party registered under the Electoral Act 2017.
*While a party agent remains the person who is legally responsible for making disclosures for a political party, the registered officer of a political party can now lodge a disclosure (or public funding claim) when the party agent is absent or unavailable if:
the registered officer has completed the agent training (or is exempt)
and the party agent or registered officer has advised the Electoral Commission in writing in advance of any occasion on which the registered officer is to lodge a disclose or claim on the agent’s behalf.
**The lead candidate is the candidate in the group whose name is first in the order of names in the Register of Candidates in relation to the group; or if the group is not registered, the candidate whose name is first in the order of names of candidates on a ballot paper (whichever occurs first).
***A party agent for a registered party can be responsible for making disclosures on behalf of a local government elected member, candidate or group in certain circumstances. In such cases, the NSW Electoral Commission must be notified in writing. For more information, contact the NSW Electoral Commission.