EFA Guidelines

Guideline

Date of Determination

Section of Act

(1) Where a voter intention survey is carried out on behalf of a candidate and no charge is made for the service the value of the survey is to be declared as a political contribution.

Determined:
1/04/1982

Section 85 (1)

(2) If a candidate uses a vehicle not owned by him or her during an election campaign, unless a payment is made by the candidate, the value of the use of the vehicle must be shown as a political contribution.

Determined:
1/04/1982
Amended:
27/09/2006

Section 85

(3) The investment of funds donated or raised for election campaign purposes is a fund raising venture and the net interest earned is to be declared as a contribution.

Determined:
1/04/1982
Amended:
27/09/2006

Section 85 (2)

(4) Candidates, groups and parties are required to use the forms published by the Election Funding Authority in relation to registration, changes to particulars, claims for payment, declaration and general administration.

Determined: 27/09/2006

(5) The ‘generally prevailing interest rate for a loan of that kind’ to be a nominal rate based on the cash rate of the Reserve bank and would be set at the rate of 5% per annum commencing 1 January 2011, which would be reviewed on a calendar year basis.

Uncharged interest on a loan to an entity or other person is taken to be a gift to the person.

Uncharged interest is the additional amount that would have been payable by the person if;

(a) the loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind, and

(b) any interest payable had not been waived, and

(c) any interest payments were not capitalised.

This is significant in terms of determining the amount of such a donation, including whether the uncharged interest on the loan must be disclosed and/or exceeds the relevant donation cap.

Determined:
22/02/2011 & 8/02/2012

Section 85 (3B)

(6) With respect to administrative or policy development expenditure of an eligible party or elected member, the rate of remuneration for staff (being the proportion of remuneration that relates to the time spent engaged in administrative or policy development activities outlined in sections 97B(1)(a)(i-v) and 97C(1)(a)(i-iv) of the Act respectively) may only be included in a claim from the Administrative or Policy Development Fund where the remuneration is reasonable in all the circumstances, including but not limited to, the qualifications and skills necessary to the relevant activities.

Determined:
15/06/2011

Sections 97B(1)(a)(i-v) and 97C(1)(a)(i-iv)

(7) With respect to administrative expenditure of an eligible party or elected member, the remuneration of a driver of a Member of Parliament (being the proportion of the remuneration that relates to the time spent engaged in administrative activities outlined in section 97B (1)(a)(i)-v) of the Act) is not administrative expenditure for the purposes of making a claim from the Administration Fund.

Determined:
15/06/2011

Sections 97B(1)(a)(i-v) and 97C(1)(a)(i-iv)

(9) Expenditure incurred for the following purposes are not considered to be electoral communication expenditure:

(a) Where a candidate suffers a loss of pay caused by his attendance at campaign activities, that loss of pay is not electoral communication expenditure
(b) Expenditure incurred for a celebration or social function after the close of the poll
(c) A deposit paid by a candidate when lodging his or her nomination for election
(d) Purchase of flowers and other gifts to office staff
(e) Parking fines imposed on candidates during their election campaign
(f) Amounts paid for annual subscription to newspapers or magazines
(g) Annual motor vehicle registration and insurance fees in respect of a vehicle owned by a candidate
(h) Telephone accounts for candidates private telephone outside the capped expenditure period
(i) Fees paid by a candidate to scrutineers for services at the count after polling day
(j) Non-promotional clothing purchased to be worn by  candidate in his or her campaign
(k) Candidates' personal services such as hairdressing expenses
(l) Payments made for child care
(m) Expenses incurred by a candidate or his campaign director in attending party seminars 'Meet the Leader' functions etc
(n) Any amount specified in a contract or agreement whereby a payment is contingent upon receipt of funding under the Act
 

(12) A commercial discount, sales promotion or rebate, available to the public and received in the normal course of business, is not a political donation. A commercial discount, sales promotion or rebate made to or for the benefit of a political entity is a political donation. Such a donation is a donation to the value of the difference between the price paid by the political entity and the true market value of the good/s or services/.

For clarity, a political entity is a party, elected member, candidate or group of candidates. A discount includes, for instance, a deduction off the normal purchase price. A sales promotion includes, for instance, an offer of a free good or service in addition to the goods and services purchased at their normal price and loyalty program 'rewards'. A rebate includes, for instance, the return of a part of the amount paid.

Where a discount, promotion or rebate is a political donation, all legislative provisions with respect to political donations apply.  

(13) With respect to claims from the Administration Fund, a party may include in its claim the proportion of the below forms of expenditure on the purchase of office space as is used for the party's administrative and operating expenses.

For the purposes of this guideline, expenditure that may be claimed is the following:

• capital repayment on loans taken for the purchase of office space,
• interest on loans taken for the purchase of office space,
• stamp duty,
• conveyancing costs,
• inspection of premises,
• refurbishment, and
• relocation costs

All requirements surrounding Administration Fund claims in Part 6A of the Act apply to such expenditure.

Determined:
15/6/2012