Eligible donors

Political donations legislation in NSW is the strongest in the country because of campaigning by The Greens in Parliament and in the community.

Actually, The Greens NSW take the integrity of political donations so seriously, that we have our own internal policy which requires us to not accept donations above $4,000 from any individual in a financial year.

The Commonwealth Electoral Act 1918 prohibits the knowing receipt of donations from foreign donors. Section 287AA of the Act defines Foreign donors to 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)

Prohibited donors also include people engaged in property development, a tobacco business entity or a liquor or gambling business entity:

1. property developer - I am not an individual or corporation:

(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 (a), (b) or (c) in this paragraph.

2. tobacco industry business entity - I am not:

(a) a corporation engaged in a business undertaking that is mainly concerned with the manufacture or sale of tobacco products; or

(b) a close associate of a corporation set out in (a) in this paragraph.

3. liquor or gambling industry business entity - I am not:

(a) a corporation that is mainly concerned and has the ultimate purpose of making a profit from:

(i) the manufacture or sale of liquour 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.

Close associate of an individual or corporation means I am not:

(a) director or officer of the corporation or the spouse 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 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,

(e) a person who holds more than 20% of the units in the trust of a unit trust if the corporation is a trustee, manager or responsible entity of a trust or a beneficiary of this trust,

(f) individually a person, or a corporation, that is a property developer in a joint venture or partnership with a 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 the development would be, or is authorised by an approved planning application or is carried out.

(g) a spouse of the individual.