New Zealand

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeNo
  • Comment

    There is no ban, but there is a $1,500 limit on such donations. 

  • Source

    "207K Overseas donation or contribution may not exceed $1,500 

    (1)  For the purposes of this section, overseas person means—

    1. (a)  an individual who—

      1. (i)  resides outside New Zealand; and

      2. (ii)  is not a New Zealand citizen or registered as an elector; or

    2. (b)  a body corporate incorporated outside New Zealand; or

    3. (c)  an unincorporated body that has its head office or principal place of business outside New Zealand. 

    (2A) If a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $1,500, the party secretary must, within 20 working days of receipt of the don- ation,—

    1. (a)  return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or

    2. (b)  if this is not possible, pay the total amount donated by the overseas per- son, or its value, less $1,500 to the Electoral Commission.

    (3)  If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $1,500 made by or on behalf of an over- seas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $1,500, the candidate or party secretary must, within 20 working days after notification of that fact under section 207C,—

    1. (a)  give back to the donor the amount of the donation, or its value; or

    2. (b)  if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission. 

    Section 207K, Electoral Act of 1993.

2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment

    There is no ban, but there is a $1,500 limit. 

  • Source

    "207K Overseas donation or contribution may not exceed $1,500

    (1)  For the purposes of this section, overseas person means—

    1. (a)  an individual who—

      1. (i)  resides outside New Zealand; and

      2. (ii)  is not a New Zealand citizen or registered as an elector; or

    2. (b)  a body corporate incorporated outside New Zealand; or

    3. (c)  an unincorporated body that has its head office or principal place of business outside New Zealand.

    (2)  If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $1,500, the candi- date must, within 20 working days of receipt of the donation,—

    1. (a)  return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or

    (b)  if this is not possible, pay the total amount donated by the overseas per- son, or its value, less $1,500 to the Electoral Commission.

    (3)  If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $1,500 made by or on behalf of an over- seas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $1,500, the candidate or party secretary must, within 20 working days after notification of that fact under section 207C,—

    1. (a)  give back to the donor the amount of the donation, or its value; or

    2. (b)  if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission." 

    Section 207K, Electoral Act of 1993. 

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    No source on corporate donations found. 

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    No source on corporate donations found.

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    ND

    Electoral Act of 1993

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    ND

    Electoral Act of 1993.

7. Is there a ban on anonymous donations to political parties?
  • CodeYes, above certain threshold
  • Comment

    There is no ban, but there is a $1,500 limit and also there is a limit on the amount of donations protected from disclosure. 

  • Source

    "207I Anonymous donation may not exceed $1,500

    (2)  If an anonymous party donation exceeding $1,500 is received by a party secre- tary, the party secretary must, within 20 working days of receipt of the dona- tion, pay to the Electoral Commission the amount of the donation, or its value, less $1,500. 

    ...

    208B Limit on maximum amount of donations protected from disclosure

    (1)  The maximum amount that a party may be paid in donations made to the Elect- oral Commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208E(2)) of the maximum amount of election expenses allowed under section 206C(1) to be incurred by a party that is listed in the part of the ballot paper that relates to the party vote and that has a candidate contesting every electoral district.

    (2)  The maximum amount that a party may be paid in donations made to the Elect- oral Commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208E(2)) of the amount that may be paid to that party under subsection (1)."

    Sections 207I-208B, Electoral Act of 1993 

8. Is there a ban on anonymous donations to candidates?
  • CodeYes, above certain threshold
  • Comment

    There is no ban, but there is a $1,500 limit.

  • Source

    "207I Anonymous donation may not exceed $1,500

    (1)  If an anonymous candidate donation exceeding $1,500 is received by a candi- date, the candidate must, within 20 working days of receipt of the donation, pay to the Electoral Commission the amount of the donation, or its value, less $1,500."

    Section 207I, Electoral Act of 1993 

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    There isn't a ban in the Electoral Act - but public servants may not work on electoral campaigns

  • Source

    BLANK

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo data
  • Comment

    BLANK

  • Source

    No coverage of this within the relevant legislation. 

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment

    BLANK

  • Source

    No coverage in relevant legal sources. 

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment

    BLANK

  • Source

    No coverage of this issue in the relevant legal sources. 

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment

    BLANK

  • Source

    BLANK

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment

    BLANK

  • Source

    No coverage of this issue in the relevant legal sources. 

21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    No coverage in relevant legal sources. 

22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    No coverage of this issue in the relevant legal sources. 

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment

    BLANK

  • Source

    Issue not covered in relevant legal sources. 

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    No restrictions regarding maximum amounts etc., but many rules concerning the procedure and disclosure.

    Only a party secretary may take out loans on behalf of the party, party secretaries must keep records of those loans, and returns, with varying contents, must be filed for loans exceeding different threshold amounts.

  • Source

    "213  Party secretary may enter into loan on behalf of party

    (1)  A party may enter into a loan only with the authorisation of the party secretary.

    (2)  Only the party secretary may enter into a loan on behalf of the party.

    (3)  If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan. 

    (4) A loan entered into in contravention of this section is an illegal contract for the purposes of subpart 5 of Part 2 of the Contract and Commercial Law Act 2017. 

    ...[A host of other subsidiary requirements follow]...

    214C Annual return of loans

    (1)  A party secretary must file with the Electoral Commission, for each year, a re- turn setting out—

    (a)  the details specified in subsection (2) in respect of—

    1. (i)  every loan entered into during the year that has a loan amount ex- ceeding $15,000; and

    2. (ii)  every loan entered into in any previous year that—

      1. (A)  has a loan amount exceeding $15,000; and

      2. (B)  at the close of 31 December of the year for which the return is filed, has an unpaid balance exceeding $15,000; and

    (b)  the details specified in subsection (3) in respect of every loan entered in- to during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with—

    1. (i)  the loan amounts of all other loans provided by the same lender during the year; or

    2. (ii)  the unpaid balances of any loans provided by the same lender dur- ing any previous year; and

    (c)  the details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000.

    (2)  The details referred to in subsection (1)(a) are—

    (a)  the name of the lender; and

    (b)  the address of the lender; and

    (c)  the loan amount; and

    (d)  the date on which the loan was entered into; and 

    (e) the repayment date for the loan, or a statement that there is no repayment date; and

    (f) the interest rate or rates; and
    (g) the unpaid balance of the loan amount, if any; and
    (h) the name and address of any guarantor of the loan; and

    (i) the details of any security given for the loan; and

    (j) whether there is any term of the loan agreement or arrangement that ena- bles the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both. 

    (3)  The details referred to in subsection (1)(b) are—

    1. (a)  the details specified in subsection (2); and

    2. (b)  the total of the aggregated loan amount.

    (4)  The details referred to in subsection (1)(c) are—

    1. (a)  the number of loans; and

    2. (b)  the total of the aggregated loan amounts.

    (5)  A return must—

    1. (a)  be filed by 30 April of the following year; and

    2. (b)  be in a form required by the Electoral Commission; and

    3. (c)  be accompanied by an auditor’s report obtained under section 214D.

    (6)  In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.

    (7)  Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year.

    Section 214C: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8). 

     

    214D Auditor’s report on annual return of loans

    (1)  A party secretary must, before the Electoral Commission receives the return re- quired by section 214C, obtain from the auditor appointed under section 206J a report on the return.

    (2)  The auditor must state in the report whether, in the auditor’s opinion, the return fairly reflects the loans entered into by the party.

    (3)  The auditor must make any examinations that the auditor considers necessary.

    (4)  The auditor must specify in the report any case in which—

    (a) the return does not, in the auditor’s opinion, fairly reflect the loans en- tered into by or on behalf of the party: 

    (b)  the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:

    (c)  proper records of loans entered into by or on behalf of the party have not, in the auditor’s opinion, been kept by the party secretary. 

    (5) The auditor—

    (a)  must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and

    (b)  may require the party secretary to provide any information and explan- ation that, in the auditor’s opinion, may be necessary to enable the audi- tor to prepare the report.

    Section 214D: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

    214E Nil return

    If a party secretary considers that there is no relevant information to disclose

    under section 214C, the party secretary must file a nil return under that section.

    Section 214E: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8). 

    214F Return of loan provided by same lender exceeding $30,000

    (1)  A party secretary must file with the Electoral Commission a return in respect of every loan entered into that has a loan amount exceeding $30,000.

    (2)  A party secretary must file with the Electoral Commission a return in respect of every loan entered into—

    (a)  that is provided by a lender who, in the 12 months immediately preced- ing the date on which the loan was entered into (the last 12 months), has provided 1 or more other loans to the party (previous loans); and

    (b)  that exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans."                                                                                  [Additional information follows in Section 214F of the Electoral Act. Truncated here for purposes of brevity.]

     

     

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    BLANK

  • Source

    Not covered in the relevant legal sources or even in the Electoral Commission's guide for candidates on donations and expense issues. See http://www.elections.org.nz/candidate-handbook/part-3-election-expenses-and-donations

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, in relation to campaigns
  • Comment

    Public funding is provided for election broadcasting.

  • Source

    "74 Public money to be appropriated for funding election programmes and election advertising in relation to general election

    (1)  In relation to each general election, the Minister of Justice must give notice to the Electoral Commission of the amount of money appropriated by Parliament for the purpose of enabling parties to fund—

    (a)  all of the broadcasting costs incurred in relation to the broadcast of party election programmes; and

    (b)  all or part of the broadcasting costs incurred in relation to the broadcast of candidate election programmes; and

    (c)  all or part of the production costs, whenever incurred, in relation to—

    (i)  party election programmes; and

    (ii)  candidate election programmes; and

    (d)  all or part of the publishing costs incurred in relation to the publication of election advertisements on the Internet during the election period; and

    (e)  all or part of production costs, whenever incurred, in relation to election advertisements published on the Internet—

    (i)  during the election period; or

    (ii)  before and during the election period.

    (2)  The Electoral Commission must decide, under section 79, how the amount in subsection (1) is to be allocated to parties.

    (3)  For a general election that takes place after 2017 (a subsequent general elec- tion), an amount of money equal to the amount of public money allocated under section 79 at the immediately preceding general election must, unless an Act of Parliament expressly provides otherwise, be deemed to have been ap- propriated by Parliament for the purposes of enabling parties to fund the costs specified in subsection (1) incurred in relation to the subsequent general election. 

    4) An amount of money deemed by subsection (3) to have been appropriated by Parliament for the purposes specified in that subsection is payable out of public money for those purposes without further appropriation than this section."

    Section 74, Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRegistration as a political party
  • Comment
  • Source

    "78 Criteria for allocating money to party

    (1)  A party may only receive an allocation of the money referred to in section 74 if the party—

    (a)  has provided to the Electoral Commission a notice in accordance with section 76; and

    (b)  was registered on the Register of Political Parties at the time of the dis- solution or expiry of Parliament.

    ...

    ...

    80 Electoral Commission may vary allocation

    (1)  The Electoral Commission may vary a decision made under section 79 if a party to which an amount of money is allocated—

    ...

    (b)  ceases to be registered; or

    (c)  fails to submit a list of candidates for election under section 127 of the Electoral Act 1993; or

    (d)  fails to comply with any conditions imposed by the Electoral Commission under section 79(1)(b).

    (2)  The Electoral Commission may also vary a decision made under section 79 if there has been a significant change in the relationship between a party that has received an allocation of money and any other party. 

    (3)  The Electoral Commission may vary a decision made under section 79 without affording to any party the opportunity to—

    (a)  meet with the Electoral Commission; or

    (b)  comment on the proposed variation.

    (4)  In varying a decision made under section 79, the Electoral Commission must have regard to—

    (a)  the views of parties received in the course of consultations undertaken in accordance with section 77; and

    (b)  the matters specified in sections 78 and 79(3).

    (5)  If an allocation of money made to a party has been spent (in whole or in part), the Electoral Commission must not vary that allocation unless—

    (a)  the registration of the party is cancelled under section 70 of the Electoral Act 1993; or

    (b)  the party secretary has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993."

    Sections 78 and 80 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017  

     

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received | Proportional to seats received
  • Comment

    78. Criteria for allocating money to party
    (2) In allocating money to a party, the Electoral Commission must have regard
    to—
    (a) the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that party; and
    (b) the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that party; and
    (c) the number of members of Parliament who were members of that party immediately before the dissolution or expiration of Parliament; and
    (d) any relationships that exist between a party and any other party; and
    (e) any other indications of public support for that party, such as the results of public opinion polls and the number of persons who are members of that party; and
    (f) the need to provide a fair opportunity for each party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.

  • Source

    Source: Art. 78(2), Broadcasting Act 1989, (amended 2017)

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending
  • Comment

    Campaign spending is too general an answer. Public funding is provided not for campaigning in general, but rather for "election programmes and election advertising in relation to general election" in particular. 

  • Source

    "74 Public money to be appropriated for funding election programmes and election advertising in relation to general election

    (1)  In relation to each general election, the Minister of Justice must give notice to the Electoral Commission of the amount of money appropriated by Parliament for the purpose of enabling parties to fund—

    (a)  all of the broadcasting costs incurred in relation to the broadcast of party election programmes; and

    (b)  all or part of the broadcasting costs incurred in relation to the broadcast of candidate election programmes; and

    (c)  all or part of the production costs, whenever incurred, in relation to—

    (i)  party election programmes; and

    (ii)  candidate election programmes; and

    (d)  all or part of the publishing costs incurred in relation to the publication of election advertisements on the Internet during the election period; and

    (e)  all or part of production costs, whenever incurred, in relation to election advertisements published on the Internet—

    (i)  during the election period; or

    (ii)  before and during the election period."

    Section 74, Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    74. Public money to be appropriated for funding election programmes and
    election advertising in relation to general election
    (1) In relation to each general election, the Minister of Justice must give notice to
    the Electoral Commission of the amount of money appropriated by Parliament
    for the purpose of enabling parties to fund—
    (a) all of the broadcasting costs incurred in relation to the broadcast of party
    election programmes; and
    (b) all or part of the broadcasting costs incurred in relation to the broadcast
    of candidate election programmes; and
    (c) all or part of the production costs, whenever incurred, in relation to—
    (i) party election programmes; and
    (ii) candidate election programmes; and
    (d) all or part of the publishing costs incurred in relation to the publication
    of election advertisements on the Internet during the election period; and
    (e) all or part of production costs, whenever incurred, in relation to election
    advertisements published on the Internet—
    (i) during the election period; or
    (ii) before and during the election period.

  • Source

    Source: Art. 74(1), Broadcasting Act 1989, (amended 2017)

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeShare of seats | Votes Received | Other
  • Comment

    There is not a set formula, only a list of factors that the Electoral Commission must consider and a list of other factors that the Electoral Commission may use as a reason for varying its initial decision.

  • Source

    78. Criteria for allocating money to party
    (2) In allocating money to a party, the Electoral Commission must have regard
    to—
    (a) the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that party; and
    (b) the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that party; and
    (c) the number of members of Parliament who were members of that party immediately before the dissolution or expiration of Parliament; and
    (d) any relationships that exist between a party and any other party; and
    (e) any other indications of public support for that party, such as the results of public opinion polls and the number of persons who are members of that party; and
    (f) the need to provide a fair opportunity for each party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    74. Public money to be appropriated for funding election programmes and
    election advertising in relation to general election
    (1) In relation to each general election, the Minister of Justice must give notice to
    the Electoral Commission of the amount of money appropriated by Parliament
    for the purpose of enabling parties to fund—
    (a) all of the broadcasting costs incurred in relation to the broadcast of party
    election programmes; and
    (b) all or part of the broadcasting costs incurred in relation to the broadcast
    of candidate election programmes; and
    (c) all or part of the production costs, whenever incurred, in relation to—
    (i) party election programmes; and
    (ii) candidate election programmes; and
    (d) all or part of the publishing costs incurred in relation to the publication
    of election advertisements on the Internet during the election period; and
    (e) all or part of production costs, whenever incurred, in relation to election
    advertisements published on the Internet—
    (i) during the election period; or
    (ii) before and during the election period.

  • Source

    Source: Art. 74(1), Broadcasting Act 1989, (amended 2017)

35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment

    Candidates are allowed to use public school rooms to hold public campaign meetings without charge.

  • Source

    "154 Use of public schoolrooms for election meetings

    (1) Any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions: 

    (a)  3 days’ notice of the proposed public meeting shall be given to the gov- erning body of the school:

    (b)  the use of the school shall be granted in the order of receipt of applica- tions by or on behalf of the candidates:

    (c)  no candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section."

    Section 154, Electoral Act of 1993. 

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment

    No provision found in relevant legislation. 

  • Source

    BLANK

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    The offences of bribery and treating provide such a ban. 

  • Source

    "216 Bribery

    (1)  Every person is guilty of a corrupt practice who commits the offence of bribery.

    (2)  Every person commits the offence of bribery who, directly or indirectly, by himself or herself or by any other person on his or her behalf—

    or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any per- son or candidates at any election or the vote of any voter. 

    (a)  gives any money or procures any office to or for any voter, or to or for any other person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting; or

    (b)  corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting; or

    (c)  makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the re- turn of any person or candidates at an election or the vote of any voter,—

    or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any per- son or candidates at any election or the vote of any voter. 

    (3)  For the purposes of this section,—

    (a) references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration:

    (b) references to procuring any office shall include references to giving, pro- curing, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment.

    (4)  Every person commits the offence of bribery who—

    (a) advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or

    (b) knowingly pays or causes to be paid any money to any person in dis- charge or repayment of any money wholly or in part expended in bribery at any election.

    (5)  The foregoing provisions of this section shall not extend or be construed to ex- tend to any money paid or agreed to be paid for or on account of any legal ex- penses incurred in good faith at or concerning an election.

    (6)  A voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to re- frain from voting. 

    (7)  Every person commits the offence of bribery if after an election he or she di- rectly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

    (8)  In this section the term voter includes any person who has or claims to have a right to vote.

    Compare: 1956 No 107 s 141

    217 Treating

    (1)  Every person is guilty of a corrupt practice who commits the offence of treat- ing.

    (2)  Every person commits the offence of treating who corruptly, by himself or her- self or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person—

    (a)  for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

    (b)  for the purpose of procuring himself or herself to be elected; or

    (c)  on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

    (3)  Every person commits the offence of treating who, being the holder of a licence for the sale by retail of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012), knowingly supplies any food, drink, entertainment, or provision—

    (a)  to any person where the supply thereof is demanded for the purpose of treating, or for any corrupt or illegal practice; or

    (b)  to any persons, whether electors or not, for the purpose of procuring the return of a candidate or candidates at an election, and without receiving payment for it at the time when it is supplied.

    (4)  Every elector who corruptly accepts or takes any such food, drink, entertain- ment, or provision also commits the offence of treating.

    (5)  Notwithstanding anything in this section, the provision of a light supper after

    any election meeting shall be deemed not to constitute the offence of treating."

    Sections 216-217, Electoral Act of 1993.  

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment

    The limits are discussed in answering the next question. 

  • Source

    Section 206C of the Electoral Act of 1993, and section 80D of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code $26,800 per electoral district contested + $1,139,000 for a party contesting the party vote (for a party contesting the party vote and all districts, the total would $3,041,800)
  • Comment

    NB: the amounts are adjusted for inflation
    NB2: These amounts do not include the broadcasting allocation received by the party

  • Source

    "206C Maximum amount of party’s total election expenses

    (1) If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed—

    (a)  $1,139,000 (or such other amount as is prescribed by the Governor-Gen- eral by Order in Council under section 266A); and

    (b)  $26,800 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A) for each electoral district con- tested by a candidate for the party. 

    (2)  If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed $26,800 for each electoral district contested by a candidate for the party.

    (3)  The amounts in subsections (1) and (2) are inclusive of goods and services tax." 

    Section 206C, Electoral Act of 1993

    "80D Cost funded from party allocation not party election expense

    (1)  Any cost specified in section 74(1) that is paid by the Electoral Commission from the amount of money allocated to a party under section 79 is not an elec- tion expense of the party that must be included by the party in its return of elec- tion expenses under section 206I of the Electoral Act 1993.

    (2)  However, any cost specified in section 74(1) incurred in relation to an election programme or election advertisement that is paid by the Electoral Commission from the amount of money allocated to a party under section 79 is,—

    (a)  to the extent that programme or advertisement is a candidate election programme or candidate advertisement, a candidate donation that must be included by the candidate in his or her return of donations under section 209 of the Electoral Act 1993; and

    (b)  to the extent that programme or advertisement is a candidate advertise- ment, an election expense of a candidate that must be included by the candidate in his or her return of election expenses under section 205K of the Electoral Act 1993." 

    Section 80D, Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    BLANK

  • Source

    Section 205C, Electoral Act of 1993.

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code$26,800 in a general election | $53,500 in a by-election
  • Comment

    BLANK

  • Source

    "205C Maximum amount of candidate’s total election expenses

    (1)  The total election expenses of a candidate in respect of any regulated period must not exceed—

    (a)  $26,800 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a general election; and

    (b)  $53,500 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a by-election.

    (2)  The amounts in subsection (1) are inclusive of goods and services tax."

    Section 205C, Electoral Act of 1993 

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeYes, spending limit exists
  • Comment

    The key provisions apply to "registered promoters" and "unregistered promoters", as defined below, and limits their advertising expenses, respectively, to $321,000 and "$12,900 (or such other amount as is prescribed by the Governor General by Order in Council ... )" 

  • Source

    "204A Interpretation

    ...promoter means a person who initiates or instigates an election advertisement that—

    (a)  is published; or

    (b)  is to be published 

    ...registered promoter—

    1. (a)  means a promoter who is registered under section 204N; and

    2. (b)  includes a promoter who at any time in the regulated period has been registered under section 204N 

    unregistered promoter means a promoter who is not—

    (a)  a registered promoter; or

    (b)  a constituency candidate; or

    (c)  a list candidate; or

    (d)  a party; or

    (e)  a person involved in the administration of—

    (i)  the affairs of a candidate in relation to the candidate’s election campaign; or

    (ii)  the affairs of a party. 

    204B Persons who may promote election advertisements

    (1)  A person is entitled to promote an election advertisement if the person is—

    (a)  a party secretary:

    (b)  a candidate:

    (c)  a registered promoter:

    (d)  an unregistered promoter who does not incur advertising expenses exceeding $12,900 (or such other amount as is prescribed by the Governor- General by Order in Council under section 266A) in relation to election advertisements published during the regulated period.

    (2)  The amount in subsection (1)(d) is inclusive of goods and services tax.

    (3)  Every person who wilfully promotes an election advertisement without being

    entitled to do so under subsection (1) is guilty of an illegal practice. 

    ...

    206V Maximum amount of registered promoter’s total election expenses

    (1)  The total election expenses of a registered promoter in respect of any regulated period must not exceed $321,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A).

    (2)  The amount in subsection (1) is inclusive of goods and services tax."

    Sections 204B and 206V, Electoral Act of 1993 

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    But the limits on party and candidate spending given above provide such a limit indirectly.

    Also, the following provisions binding broadcasters, while not addressed to spending per se, can affect spending indirectly. 

  • Source

    "70 Broadcasting election programmes

    (1)  Except as provided in subsections (2) and (3), a broadcaster may not, at any time, broadcast an election programme.

    (2)  A broadcaster may, for the purpose of a general election, broadcast an election programme if—

    (a)  the programme is promoted by a party or group of related parties; and

    (b)  the programme is broadcast during the election period; and

    (c)  the broadcasting costs are paid from money allocated to the party or group of related parties under section 79. 

    (3)  A broadcaster may, for the purposes of a general election or by-election, broad- cast an election programme if that programme—

    (a)  is promoted by—

    (i)  a constituency candidate; or

    (ii)  a party with the authority of a constituency candidate; and

    (b)  relates solely to the constituency candidate at the election; and

    (c)  encourages or persuades, or appears to encourage or persuade, voters to vote for that candidate; and

    (d)  is broadcast during the election period for the election; and

    (e)  is broadcast for a fee that may, but need not, be paid from money alloca- ted to a party or group of related parties under section 79.

    (4)  Nothing in this section restricts—

    Compare: 1989 No 25 s 70

    (a)  the broadcasting, in relation to an election, of news or comments or cur- rent affairs programmes; or

    (b)  the broadcasting of any non-partisan advertisement, as a community ser- vice, by a broadcaster.

    71 Hours during which broadcast of election programmes prohibited

    (1)  A television broadcaster may not broadcast election programmes—

    (a)  during the hours between 6 am and noon on—

    (i)  Sunday; or

    (ii)  Anzac Day; or

    (b)  on—

    (i)  Christmas Day; or

    (ii)  Good Friday; or

    (iii)  Easter Sunday.

    (2)  A radio broadcaster may not broadcast election programmes on—

    Compare: 1989 No 25 s 79A

    (a)  Christmas Day; or

    (b)  Good Friday; or

    (c)  Easter Sunday.

    72 Obligation to give identical terms to each party or constituency candidate

    (1) A broadcaster may not offer or give to any party terms for broadcasting time that are more favourable than those offered or given to any other party that buys, or expresses an interest in buying, comparable time from that broadcaster. 

    (2) A broadcaster may not offer or give to any constituency candidate terms for broadcasting time that are more favourable than those offered or given to any other constituency candidate who buys, or expresses an interest in buying, comparable time from that broadcaster."

    Sections 70-72, Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017  

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    But regular publishing procedures apply also explicitly to online media.

  • Source

    "3D Meaning of publish
    In this Act, unless the context otherwise requires, publish, in relation to an
    election advertisement, means to bring to the notice of a person in any manner—
    (a) including—
    ...(viii) disseminating by means of the Internet or any other electronic medium"

    Section 3D, Electoral Act of 1993. 

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment

    No other restrictions were found in the relevant sources. 

  • Source

    BLANK

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    Parties must file an annual return on party donations. Specific reporting duties arise from donations from the same source exceeding $30,000.

  • Source

    "210 Annual return of party donations
    (1) A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out—
    (a) the details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $15,000 in sum or value; and

    (b) whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, or to other donations during the year, exceeds $15,000 in sum or value; and

    (c) the details specified in subsection (4) in respect of every anonymous party donation received by him or her exceeding $1,500; and

    (d) the details specified in subsection (5) in respect of every party donation received by him or her from an overseas person that, either on its own or

    when aggregated with all other donations made by or on behalf of the same overseas person during the year, exceeds $1,500; and

    (da) the details specified in subsection (5A) in respect of every contribution to a party donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500; and

    (e) the details specified in subsection (6) in respect of every payment of donations received from the Electoral Commission under section 208D; and 

    (f) the details specified in subsection (6A) in respect of all other party donationsreceived by him or her.

    (2) The details referred to in subsection (1)(a) are—

    (a) the name of the donor; and

    (b) the address of the donor; and

    (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d) the date the donation was received or, in the case of aggregated donations,the date that each donation was received.

    (3) The details referred to in subsection (1)(b) are—

    (a) the name of the contributor; and

    (b) the address of the contributor; and

    (c) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

    (d) the date on which the donation, or each related donation, funded from contributions was made.

    (4) The details referred to in subsection (1)(c) are—

    (a) the date the donation was received; and

    (b) the amount of the donation; and

    (c) the amount paid to the Electoral Commission under section 207I(2), and the date that payment was made.

    (5) The details referred to in subsection (1)(d) are—

    (a) the name of the overseas person; and

    (b) the address of the overseas person; and

    (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d) the date the donation was received or, in the case of aggregated donations, the date each donation was received; and

    (e) the amount returned to an overseas person or paid to the Electoral Commission under section 207K(2A), and the date of that return or payment, as the case may be.

    (5A) The details referred to in subsection (1)(da) are—

    (a) the name of the overseas person; and

    (b) the address of the overseas person; and

    (c) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

    (d) the date on which the related donation funded from the contribution was made; and

    (e) the amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

    (6) The details referred to in subsection (1)(e) are—

    (a) the date the payment was received; and

    (b) the amount of the payment; and

    (c) the amount of interest included in the payment.

    (6A) The details referred to in subsection (1)(f) are—

    (a) the number of anonymous party donations received of an amount not exceeding $1,500, and the total amount of all such donations:

    (b) the number of overseas party donations received of an amount not exceeding $1,500, and the total amount of all such donations:

    (c) the number of all party donations received of an amount exceeding $1,500 but not exceeding $5,000, and the total amount of all such donations:

    (d) the number of all party donations received of an amount exceeding $5,000 but not exceeding $15,000, and the total amount of all such donations.
    (7) A return must—
    (a) be filed by 30 April of the following year; and
    (b) be in the form required by the Electoral Commission; and
    (c) be accompanied by an auditor’s report obtained under section 210A.
    (8) Despite anything in subsection (1), if a party secretary is required to file under
    that subsection a return of party donations that relates to the year in which the
    party became registered, that return is to relate to the period beginning with the
    date of registration of the party and ending with 31 December of that year.
    (9) In this section, year means the period of 12 months starting on 1 January and
    ending with the close of 31 December.

    ...

    210C Return of party donation received from same donor exceeding $30,000

    (1)  A party secretary must file with the Electoral Commission a return in respect of every party donation that exceeds $30,000.

    (2)  A party secretary must file with the Electoral Commission a return in respect of every party donation that—

    (a)  the party secretary knows is from a donor who in the 12 months immedi- ately preceding the date of receipt of the donation (the last 12 months) has made 1 or more previous donations; and

    (b)  when aggregated with all previous donations received from the donor in the last 12 months exceeds $30,000." 

    Section 210, Electoral Act of 1993. 

     

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    Parties must file returns on their election expenses and on their allocation expenses.

  • Source

    "206I Return of party’s election expenses
    (1) Within 90 working days after polling day, a party secretary must file a return of
    the party’s election expenses with the Electoral Commission.
    (2) The return must be—
    (a) in the form required by the Electoral Commission; and
    (b) accompanied by an auditor’s report obtained under section 206L.

    206IA Return of party’s allocation expenses
    (1) Within 90 days after polling day for a general election, a party secretary must
    file with the Electoral Commission a return of expenses incurred by the party
    that have been funded from the party’s allocation.
    (2) The return must be in a form approved by the Electoral Commission and include
    details of—
    (a) the amount of the party’s allocation; and
    (b) all accounts sent by the party to the Electoral Commission under section
    80B(1) of the Broadcasting Act 1989 in respect of the expenditure of the
    party’s allocation.
    (3) The return must be accompanied by an auditor’s report obtained under section
    206LA."

    Section 206I and 206IA, Electoral Act of 1993. 

    See also Sections 206H and 206O

    "206H Invoice and receipt required for election expenses of $100 or more
    Every payment made in respect of any election expenses of a party, other than a
    payment that is less than $100, must be vouched by an invoice stating the particulars
    and by a receipt.

    ...

    206O Obligation to retain records necessary to verify return of party’s election
    expenses
    (1) A party secretary must take all reasonable steps to ensure that all records, documents,
    and accounts that are reasonably necessary to enable a return under section
    206I to be verified are retained until the expiry of the period within which
    a prosecution may be commenced under this Act in relation to the return or in
    relation to any matter to which the return relates.

    (2) A party secretary who fails, without reasonable excuse, to comply with subsection(1) commits an offence and is liable on conviction to a fine not exceeding $40,000."

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    Candidates must file returns on expenses and donations with the Electoral Commission. 

  • Source

    "205J Invoice and receipt required for election expenses of $50 or more

    Every payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt.

    205K Return of candidate’s election expenses

    (1)  Within 70 working days after polling day, a candidate must file a return of elec- tion expenses with the Electoral Commission.

    (2)  A return under subsection (1) must be in the form required by the Electoral Commission.

    ...

    205O Obligation to retain records necessary to verify return of candidate’s election expenses

    (1) A candidate must take all reasonable steps to ensure that all records, docu- ments, and accounts that are reasonably necessary to enable a return under sec- tion 205K to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates. 

    (2) A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.

    ...

    209 Return of candidate donations

    (1) A candidate must, at the same time as filing a return of election expenses under section 205K, file with the Electoral Commission a return setting out—

    (a)  the details specified in subsection (2) in respect of every candidate dona- tion (other than a donation of the kind referred to in paragraphs (c) and (d)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and

    (b)  whether section 207C applies to any donation and, if so, and to the ex- tent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contri- bution that, either on its own or when aggregated with other contribu- tions made by or on behalf of the same contributor to the donation, ex- ceeds $1,500 in sum or value; and

    (c)  the details specified in subsection (4) in respect of every anonymous candidate donation received by him or her exceeding $1,500; and 

    (d)

    (e)

    Reprinted as at Electoral Act 1993 1 September 2017

    the details specified in subsection (5) in respect of every candidate dona- tion received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $1,500; and

    the details specified in subsection (5A) in respect of every contribution to a candidate donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500.

    page286image12114576

    (2)  The details referred to in subsection (1)(a) are—

    (a)  the name of the donor; and

    (b)  the address of the donor; and

    (c)  the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d)  the date the donation was received or, in the case of aggregated dona- tions, the date that each donation was received.

    (3)  The details referred to in subsection (1)(b) are—

    (a)  the name of the contributor; and

    (b)  the address of the contributor; and

    (c)  the amount of the contribution or, in the case of aggregated contribu- tions, the total amount of the aggregated contributions; and

    (d)  the date on which the donation funded from contributions was made.

    (4)  The details referred to in subsection (1)(c) are—

    (a)  the date the donation was received; and

    (b)  the amount of the donation; and

    (c)  the amount paid to the Electoral Commission under section 207I(1), and the date that payment was made.

    (5)  The details referred to in subsection (1)(d) are—

    (a)  the name of the overseas person; and

    (b)  the address of the overseas person; and

    (c)  the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d)  the date the donation was received or, in the case of aggregated dona- tions, the date each donation was received; and

    (e)  the amount returned to an overseas person or paid to the Electoral Com- mission under section 207K(2), and the date of that return or payment, as the case may be.

    (5A) The details referred to in subsection (1)(e) are— 

    (a)  the name of the overseas person; and

    (b)  the address of the overseas person; and

    (c)  the amount of the contribution or, in the case of aggregated contribu- tions, the total amount of the aggregated contributions; and

    (d)  the date on which the related donation funded from the contribution was made; and

    (e)  the amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

    (6) Every return filed under subsection (1) must be in the form required by the Electoral Commission."

    Sections 205J, 205K, 205O, and 209, Electoral Act of 1993

50. Do third parties have to report on election campaign finances?
  • CodeSometimes
  • Comment

    Third parties that are "registered promoters" and spend mor ethan $100,000 are required to file a return. 

  • Source

    "206ZC Return of registered promoter’s election expenses

    (1)  This section applies to a registered promoter whose total election expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax).

    (2)  Within 70 working days after polling day, the registered promoter must file a return of election expenses with the Electoral Commission."

    Section 206ZC, Electoral Act of 1993

    (3)  If the registered promoter is not an individual or a company, the return must be filed by the registered promoter’s representative who is duly authorised to file the return.

    (4)  A return filed under subsection (2) must be in the form required by the Electoral Commission. 

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    The Electoral Commission has discretion to make reports public, even in the case of "registered promoters'" expenses

  • Source

    "206Q Return of party’s election expenses and return of party’s allocation expenses to be publicly available

    (1)  The Electoral Commission may publish, in any manner that the Electoral Com- mission considers appropriate, every return and every accompanying auditor’s report filed under section 206I or 206IA.

    (2)  During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1)

    (3)  The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.

    206ZH Return of registered promoter’s election expenses to be publicly available

    (1)  The Electoral Commission may publish, in any manner that the Electoral Com- mission considers appropriate, every return filed under section 206ZC.

    (2)  During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 206ZC.

    (3)  The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.

    ...

    209E Return of candidate donations to be publicly available

    (1)  The Electoral Commission may publish, in any manner that the Electoral Com- mission considers appropriate, every return filed under section 209.

    (2)  [Repealed]

    (3)  During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 209.

    (4)  The Electoral Commission may make inspection under subsection (3) subject to the payment of any charges that may be made under the Official Information Act 1982.

    ...

    210F Return of party donations to be publicly available

    (1)  The Electoral Commission may publish, in any manner that the Electoral Com- mission considers appropriate, the following returns and reports:

    (a)  a return filed under section 210; and

    (b)  a report obtained under section 210A accompanying the return referred to in paragraph (a); and

    (c)  a return filed under section 210C.

    (2)  During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1).

    (3)  The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982."

    Sections 206Q, 206ZH, 209E, and 210F, Electoral Act of 1993

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeSometimes
  • Comment

    It depends on the source and amount of the donation. 

  • Source

    "

    209 Return of candidate donations

    (1) A candidate must, at the same time as filing a return of election expenses under section 205K, file with the Electoral Commission a return setting out—

    (a)  the details specified in subsection (2) in respect of every candidate dona- tion (other than a donation of the kind referred to in paragraphs (c) and (d)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and

    (b)  whether section 207C applies to any donation and, if so, and to the ex- tent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contri- bution that, either on its own or when aggregated with other contribu- tions made by or on behalf of the same contributor to the donation, ex- ceeds $1,500 in sum or value; and

    (c)  the details specified in subsection (4) in respect of every anonymous candidate donation received by him or her exceeding $1,500; and 

    (d)

    (e)

    Reprinted as at Electoral Act 1993 1 September 2017

    the details specified in subsection (5) in respect of every candidate dona- tion received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $1,500; and

    the details specified in subsection (5A) in respect of every contribution to a candidate donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500.

    page286image12114576

    (2)  The details referred to in subsection (1)(a) are—

    (a)  the name of the donor; and

    (b)  the address of the donor; and

    (c)  the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d)  the date the donation was received or, in the case of aggregated dona- tions, the date that each donation was received.

    (3)  The details referred to in subsection (1)(b) are—

    (a)  the name of the contributor; and

    (b)  the address of the contributor; and

    (c)  the amount of the contribution or, in the case of aggregated contribu- tions, the total amount of the aggregated contributions; and

    (d)  the date on which the donation funded from contributions was made.

    (4)  The details referred to in subsection (1)(c) are—

    (a)  the date the donation was received; and

    (b)  the amount of the donation; and

    (c)  the amount paid to the Electoral Commission under section 207I(1), and the date that payment was made.

    (5)  The details referred to in subsection (1)(d) are—

    (a)  the name of the overseas person; and

    (b)  the address of the overseas person; and

    (c)  the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d)  the date the donation was received or, in the case of aggregated dona- tions, the date each donation was received; and

    (e)  the amount returned to an overseas person or paid to the Electoral Com- mission under section 207K(2), and the date of that return or payment, as the case may be.

    (5A) The details referred to in subsection (1)(e) are— 

    (a)  the name of the overseas person; and

    (b)  the address of the overseas person; and 

    ...

    210 Annual return of party donations
    (1) A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out—
    (a) the details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $15,000 in sum or value; and

    (b) whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, or to other donations during the year, exceeds $15,000 in sum or value; and

    (c) the details specified in subsection (4) in respect of every anonymous party donation received by him or her exceeding $1,500; and

    (d) the details specified in subsection (5) in respect of every party donation received by him or her from an overseas person that, either on its own or

    when aggregated with all other donations made by or on behalf of the same overseas person during the year, exceeds $1,500; and

    (da) the details specified in subsection (5A) in respect of every contribution to a party donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500; and

    (e) the details specified in subsection (6) in respect of every payment of donations received from the Electoral Commission under section 208D; and 

    (f) the details specified in subsection (6A) in respect of all other party donationsreceived by him or her.

    (2) The details referred to in subsection (1)(a) are—

    (a) the name of the donor; and

    (b) the address of the donor; and

    (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d) the date the donation was received or, in the case of aggregated donations,the date that each donation was received.

    (3) The details referred to in subsection (1)(b) are—

    (a) the name of the contributor; and

    (b) the address of the contributor; and

    (c) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

    (d) the date on which the donation, or each related donation, funded from contributions was made.

    (4) The details referred to in subsection (1)(c) are—

    (a) the date the donation was received; and

    (b) the amount of the donation; and

    (c) the amount paid to the Electoral Commission under section 207I(2), and the date that payment was made.

    (5) The details referred to in subsection (1)(d) are—

    (a) the name of the overseas person; and

    (b) the address of the overseas person; and

    (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    (d) the date the donation was received or, in the case of aggregated donations, the date each donation was received; and

    (e) the amount returned to an overseas person or paid to the Electoral Commission under section 207K(2A), and the date of that return or payment, as the case may be.

    (5A) The details referred to in subsection (1)(da) are—

    (a) the name of the overseas person; and

    (b) the address of the overseas person; and

    (c) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

    (d) the date on which the related donation funded from the contribution was made; and

    (e) the amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

    (6) The details referred to in subsection (1)(e) are—

    (a) the date the payment was received; and

    (b) the amount of the payment; and

    (c) the amount of interest included in the payment.

    (6A) The details referred to in subsection (1)(f) are—

    (a) the number of anonymous party donations received of an amount not exceeding $1,500, and the total amount of all such donations:

    (b) the number of overseas party donations received of an amount not exceeding $1,500, and the total amount of all such donations:

    (c) the number of all party donations received of an amount exceeding $1,500 but not exceeding $5,000, and the total amount of all such donations:

    (d) the number of all party donations received of an amount exceeding $5,000 but not exceeding $15,000, and the total amount of all such donations.

    ...

    210C Return of party donation received from same donor exceeding $30,000

    (1)  A party secretary must file with the Electoral Commission a return in respect of every party donation that exceeds $30,000.

    (2)  A party secretary must file with the Electoral Commission a return in respect of every party donation that—

    (a)  the party secretary knows is from a donor who in the 12 months immedi- ately preceding the date of receipt of the donation (the last 12 months) has made 1 or more previous donations; and

    (b)  when aggregated with all previous donations received from the donor in the last 12 months exceeds $30,000.

    (3)  If a return is made under subsection (2), the donations disclosed in that return must be disregarded when applying this section in relation to a party donation that is made after that return is filed.

    (4)  A return filed under subsection (1) must be in the form required by the Elector- al Commission and set out—

    (a)  the name of the donor (if known); and

    (b)  the address of the donor (if known); and

    (c)  the amount of the donation; and

    (d)  the date the donation was received; and

    (e)  the following details in respect of every contribution to the donation made by or on behalf of the same contributor that exceeds $30,000:

    (i)  the name of the contributor; and

    (ii)  the address of the contributor; and

    (iii)  the amount of the contribution.

    (5)  A return filed under subsection (2) must be in the form required by the Elector- al Commission and set out—

    (a)  the name of the donor; and

    (b)  the address of the donor; and.."

    Sections 209-210, Electoral Act of 1993

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Donations above $15,000 are itemized. For others, number and total amount of donations must be reported. 

  • Source

    Section 210 of the Electoral Act of 1993 (already quoted several times in full above)

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    BLANK

  • Source

    BLANK

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    The Electoral Commission

  • Source

    Sections 4B-4J and 5-9 of the Electoral Act of 1993.

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB | Other
  • Comment

    The Electoral Commission receives and reviews reports and refers possible breaches to the Police.

  • Source

    Part I: Electoral Commission, Electoral Act of 1993

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others | Other
  • Comment

    The Electoral Commission's powers are fairly broad. 

  • Source

    "6 Powers of Electoral Commission

    (1)  The Electoral Commission may, if it considers that it is necessary for the prop- er discharge of its functions,—

    (a)  initiate, sponsor, and carry out any studies or research:

    (b)  make any inquiries:

    (c)  consult with any persons or classes of persons:

    (d)  publicise, in any manner that it thinks fit, any parts of its work:

    (e)  provide information and advice on any matter—

    (i)  to the Minister for the Minister’s consideration:

    (ii)  to the Minister for presentation to the House of Representatives:

    (f)  request advice, assistance, and information from any government depart- ment or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986."

    Section 6, Electoral Act of 1993 

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Other
  • Comment

    Party secretary and individual candidates can be fined or imprisoned; individual candidates can be removed from Parliament.

  • Source

    BLANK

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.