Foreign and Prohibited Donor Definitions

Are you a prohibited donor?

I confirm that I am not a:

  1. prohibited donor engaged in property development,
  2. tobacco business entity, or
  3. liquor or gambling business entity including a registered club if the business undertaken by the registered club includes wagering, betting or other gambling**
  4. any industry representative organisation if the majority of its members are such prohibited donors**
  5. 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 if it is a political donation.

 

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