Q1 Do I need an official agent?Local Government councillors and mayors are designated by the EFA to be their own official agents and must comply with the requirements of the Act and the Regulation. They can however nominate to the EFA an official agent to act on their behalf with respect to funding and disclosure matters. If the nominated official agent meets the eligibility requirements, the EFA will then designate this person to be the 'official agent for the elected member'.
Q2 Can I receive political donations?Yes you can. However, you must open a campaign account if the total value of the donations are $1,000 or more.
Q3 Do I need a campaign account?If as a councillor you are not going to accept any political donations, there is no requirement for you to have a campaign account. If you are going to accept donations for a future election and the donations will reach or exceed $1,000, you will need to open a campaign account.
Q4 I am a Local Government councillor and I would like to contest the next council election. Can I accept political donations for that election?Yes you can. If you anticipate that the donations will reach or exceed $1,000, you will need to open a campaign account.
Q5 What are my disclosure obligations?Local Government councillors and mayors have ongoing disclosure obligations, ie at the end of each financial year.
Q6 When do I need to submit my disclosures by?Disclosures cannot be lodged until after the disclosure period ends on 30 June each year. Disclosures are to be lodged with the EFA from 1 July to 22 September. Disclosures cannot be lodged early, ie before 1 July.
Q7 I will not accept any political donations or incur any expenditure. Do I have to lodge a disclosure?Yes. If you have nothing to declare you lodge a 'nil' disclosure.
Q8 Do I have to disclose the details of all donations?No. You must disclose details of all reportable political donations (ie donations of $1,000 or more). For non-reportable political donations (ie those less than $1,000), you must declare how many of these donations you received and the total value of the donations.
Q8 Do I have to disclose any loans that I received?You are required to disclose the details of any reportable loans you receive. A reportable loan is a loan (or total in loans) of $1,000 or more from one source in the same disclosure period. Unpaid accounts and invoices are also considered loans, and must be disclosed if the total value of any one account or invoice is $1,000 or more in one disclosure period. Loans from financial institutions are not reportable loans and therefore do not need to be disclosed.
Q9 Do I need to have my disclosure audited? Yes you are required to have your disclosure audited by a registered company auditor. The auditor is encouraged to follow the guidelines for registered company auditors published on the EFA's website.
Q10 Who can audit my disclosure?Only registered company auditors can audit a disclosure. Registered officers and deputy registered officers of registered political parties, elected members, candidates, official agents and party agents are not permitted to audit a disclosure.
Q11 Do I need to provide any supporting documents when I lodge my disclosure?Yes. The following items must be submitted with a disclosure:
* a triplicate copy of each receipt/acknowledgement slip issued to each person and entity that made a reportable political donation ; and
* invoices and/or receipts supporting expenditure stated in your disclosure (ie advertising and printing expenditure).
Q12 Where do I send my disclosure?Disclosures are to be sent to:
Election Funding Authority of NSW
GPO Box 4046
Sydney NSW 2001
or
Alternatively, you can fax your disclosure to : (02) 9290 5410 or email to: enquiries@efa.nsw.gov.au