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Unlawful political donations

Certain political donations are unlawful. If a person makes or accepts a political donation or reportable loan and is aware the donation or loan is unlawful the person may have committed an offence and may be prosecuted by the NSW Electoral Commission in a court.

This includes individuals that accept political donations or loans on behalf of a political party, elected member, candidate, group, associated entity or third-party campaigner.

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If a person accepts an unlawful political donation or loan, the value of the donation or loan (or double the value if the person knew the donation or loan was unlawful) may be recovered by the NSW Electoral Commission in a court as a debt due to the state.

If a person makes a political donation and within 12 months the person becomes a property developer, double the amount or value of the political donation must be paid by that person to the NSW Electoral Commission.

Political donations, loans or indirect campaign contributions are unlawful for the following reasons: