Are you a prohibited donor?
I confirm that I am not a:
- prohibited donor engaged in property development,
- tobacco business entity, or
- liquor or gambling business entity including a registered club if the business undertaken by the registered club includes wagering, betting or other gambling**
- any industry representative organisation if the majority of its members are such prohibited donors**
- a close associate of a prohibited donor
as defined in the Electoral Funding Act 2018 which regulates all political parties in New South Wales.
1. I am not an individual or corporation that is a property developer:
a) that carries on a business mainly concerned with the residential or commercial development of land with the ultimate purpose of the sale or lease of the land for profit:
(i) who has made 1 relevant planning application, or someone has made the application on behalf of me, or a corporation that I work for, that is pending; or
(ii) who has made 3 or more relevant planning applications, or someone has made the applications on behalf of me, or a corporation that I work for that has been determined within the previous 7 years; or
(iii) who has engaged in any activity individually, or as a corporation for the dominant purpose of providing commercial premises where I, or my body corporate, or a related body corporate of my corporation is to carry on its business if my business sells or leases a substantial part of the premises; or
(iv) that is a close associate of a corporation set out in this paragraph.
A relevant planning application has the same meaning as in section 10.4 of the Environmental Planning and Assessment Act 1979.
2. I am not individual or tobacco industry business entity, that is either a:
a) corporation engaged in a business undertaking that is mainly concerned with the manufacture or sale of tobacco products; or
b) close associate of a corporation set out in (a) in this paragraph.
3. I am not an individual or a liquor or gambling industry business entity, that is a:
a) a corporation that is mainly concerned and has the ultimate purpose of making a profit from:
(i) the manufacture or sale of liquor products;
(ii) wagering, betting or other gambling (including the manufacture of machines used primarily for this purpose); or
b) a close associate of a corporation set out in (a) in this paragraph.
4. I am not individual or not a registered club (as defined by the Registered Clubs Act 1976) or representative of a registered club, where
a. the business of the registered club is a prohibited donor if the business undertaken by the registered club includes wagering, betting or other gambling.
b. not the secretary of the registered club, a member of the governing body of the registered club, the spouse of the secretary or member of the governing body or a close associates of the registered club.
I am not a close associate of an individual or corporation that is a prohibited donor:
a) director or officer of the corporation or the spouse (including a de facto partner) of such a director or officer,
b) a related body corporate of the corporation,
c) a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20%, or the spouse (including a de facto partner) of such a person,
d) a corporation or a related body corporate of the corporation that is a stapled entity, the other stapled entity in relation to that stapled security – the other stapled entity in relation to that stapled security
e) if the corporation is a trustee, manager or responsible entity in relation to a trust - a person who holds more than 20% of the units in the trust (in the case of a unit trust) or a beneficiary of this trust ((in the case of a discretionary trust)),
f) in relation to a corporation that is a property developer – a person in a joint venture or partnership with the property developer in connection with a relevant planning application made by or on behalf of the property developer who is likely to obtain a financial gain if that if development that would be or is authorised by the application is authorised or carried out.
g) a spouse (including a de facto partner) of the individual.
h) in relation to an individual who is a property developer – a person in a joint venture or partnership with the property developer in connection with a relevant planning application made by or on behalf of the property developer who is likely to obtain a financial gain if development that would be or is authorised by the application is authorised or carried out.
Additionally, I understand that
• permitting the use of part of the premises of a registered club is not a prohibited political donation, as long as goods or services are not provided in association with the use of the premises, such as: food, beverages use of staff or contractors, or use of IT or AV facilities
• and registered club premises cannot be used for electoral fundraising purposes or an electoral campaign office
Are you an Australian Citizen or a Permanent Resident* and not a foreign donor?
The Commonwealth Electoral Act 1918 prohibits political parties knowingly receiving donations from foreign donors.
Foreign donors include:
- a foreign public enterprise;
- an entity (whether or not incorporated) that does not meet any of the following conditions:
- the entity is incorporated in Australia;
- the entity's head office is in Australia;
- the entity's principal place of activity is, or is in, Australia
- an individual who is none of the following:
- an elector;
- an Australian citizen;
- an Australian resident;
- a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 (or if that Subclass ceases to exist, the kind of visa that replaces that Subclass)
*A Permanent Resident is a person who holds a permanent visa as defined by Section 5 of the Australian Citizenship Act 2007.
** Note: the definition of prohibited donors has recently changed - more details here