Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"associated entity" means an entity that is registered as an associated entity under section 287L.
Note: See section 287H for when an entity is required to be registered as an associated entity.
"Australian resident" means a person who holds a permanent visa under the Migration Act 1958 .
"broadcast" includes televise.
"candidate" has a meaning affected by subsection (9).
"credit card" means:
(a) any article of a kind commonly known as a credit card; or
(b) any similar article intended for use in obtaining cash, goods or services on credit;
and includes any article of a kind that persons carrying on business commonly issue to their customers or prospective customers for use in obtaining goods or services from those persons on credit.
"disclosure threshold" means $13,800.
Note: This amount is indexed under section 321A.
"disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:
(a) the allotment of shares in a company;
(b) the creation of a trust in property;
(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;
(e) the exercise by a person of a general power of appointment of property in favour of any other person; and
(f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person.
"division" , in relation to a State branch of a political party, includes a branch of the State branch of the political party.
"election" means an election of a member of the House of Representatives or an election of senators for a State or Territory.
"election period" , in relation to an election, means the period commencing on the day of issue of the writ for the election and ending at the latest time on polling day at which an elector in Australia could enter a polling booth for the purpose of casting a vote in the election.
"electoral expenditure" has the meaning given by section 287AB.
"entity" means:
(a) an incorporated or unincorporated body;
(b) the trustee of a trust.
"federal account" means an account where:
(a) the only amounts deposited into the account are amounts to be used only for a federal purpose; and
(b) the only amounts withdrawn or transferred from the account are amounts:
(i) withdrawn or transferred for a federal purpose; or
(ii) transferred to another federal account.
Example: A federal account of a federal party may be established by the federal party or a State branch of the federal party.
"federal party" means a registered political party that has:
(a) a federal branch; and
(b) 2 or more State branches that are registered political parties.
"federal purpose" means the purpose of incurring electoral expenditure, or creating or communicating electoral matter.
"financial controller" , in relation to a person or entity, means (subject to section 292F):
(a) if the person or entity is a company--the secretary of the company;
(b) if the person or entity is the trustee of a trust--the trustee;
(c) in other cases--the person responsible for maintaining the financial records of the person or entity.
"financial member" , in relation to a registered political party, means a person or entity that pays an annual subscription to the party.
"foreign donor" has the meaning given by section 287AA.
"foreign public enterprise" has the meaning given by section 70.1 of the Criminal Code .
"gift" means any disposition of property made by a person to another person, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration, but does not include:
(a) a payment under Division 3; or
(b) an annual subscription paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person in respect of the person's membership of the party, branch or division; or
(c) any visit, experience or activity provided for the purposes of a political exchange program.
"group" means a group of 2 or more candidates nominated for election to the Senate who have their names grouped in the ballot papers in accordance with section 168.
Note: The meaning of group is affected by subsection (9).
"group amount" for a group means the total amount worked out by multiplying $2.801 by the number of formal first preference votes given for candidates in the group in the relevant election, based on formal first preference votes counted as at the day mentioned in subsection 293(3).
Note: The dollar amount specified in this definition is indexed under section 321.
"head office" of an entity means the place of business where central management and control of the entity are exercised.
"jointly endorsed group" means a group whose candidates are endorsed for a Senate election by more than one registered political party.
"journal" means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.
"loan" means any of the following:
(a) an advance of money;
(b) a provision of credit or any other form of financial accommodation;
(c) a payment of an amount for, on account of, on behalf of or at the request of, a person or entity, if there is an express or implied obligation to repay the amount;
(d) a transaction (whatever its terms or form) which in substance effects a loan of money.
Note: For loans on credit cards, see subsection (10).
"political campaigner" : see subsection (11).
"polling day" , in relation to an election, means the day fixed for polling in the election.
"property" includes money.
"registered" , in relation to an election, means registered, before the day of issue of the writ for the election, under Part XI.
"registered industrial organisation" means:
(a) an organisation registered under the Fair Work (Registered Organisations) Act 2009 ; or
(b) an association registered or recognised under that Act or under a law of a State or Territory concerning the registration of industrial associations.
"regulated entity" means:
(a) in section 302CA--a political entity, a significant third party or a third party; and
(b) in section 314B--a political entity, a significant third party, a third party or an associated entity.
"scheme" (except in section 287E) means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
"significant third party" means a person or entity that is registered as a significant third party under section 287L.
Note 1: See also subsection (8) of this section and section 287C (entities that have branches or are not incorporated).
Note 2: See section 287F for when a person or entity is required to be registered as a significant third party.
"single-party endorsed group" means a group whose candidates are endorsed for a Senate election by a single registered political party.
"State branch" , in relation to a political party, means a branch or division of the party that is organized on the basis of a particular State or Territory.
"State or Territory electoral law" means a law (including a part of a law) of a State or Territory that deals with electoral matters (within the ordinary meaning of the expression).
"State or Territory electoral purpose" means a purpose relating to a State, Territory or local government election (and, to avoid doubt, does not include the purpose of incurring electoral expenditure or creating or communicating electoral matter).
"third party" : a person or entity (except a political entity or a member of the House of Representatives or the Senate) is a third party during a financial year if:
(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during the financial year is more than the disclosure threshold; and
(b) the person or entity is not required to be, and is not, registered as a significant third party under section 287F for the year.
Note: See also subsection (8) and section 287C (entities that have branches or are not incorporated).
"Transparency Register" means the Register of that name established and maintained under section 287N.
(2) Where, under this Part, a claim is to be lodged, a notice is to be given or a return is to be furnished to the Electoral Commission, the claim, notice or return shall be taken to be so lodged, given or furnished if it is lodged at the principal office of the Electoral Commission in Canberra.
(3) A reference in this Part to things done by or with the authority of a political party, a State branch of a political party or a division of a State branch of a political party shall, if the party, branch or division is not a body corporate, be read as a reference to things done by or with the authority of members or officers of the party, branch or division on behalf of the party, branch or division.
(4) A reference in this Part to a political party, other than a reference to the endorsement of a candidate or group in an election, shall be read as not including a reference to a part of the political party.
(4A) In relation to a political party that does not have State branches or that only carries on activities in one State or Territory:
(a) a reference in another Division of this Part (other than Division 2) to a State branch of a political party is a reference to the party; and
(b) a reference to the agent of a State branch of a political party is:
(i) a reference to the agent of the party in respect of the relevant State or Territory; or
(ii) if the party does not have an agent in respect of that State or Territory--a reference to the agent of the party.
(5) For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money shall, if the regulations so provide, be determined in accordance with principles set out or referred to in the regulations.
(6) For the purposes of this Part:
(a) a body corporate and any other body corporate that is related to the first - mentioned body corporate shall be deemed to be the same person; and
(b) the question whether a body corporate is related to another body corporate shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001 .
Branches of significant third parties and third parties
(8) A significant third party or third party that has branches is, for the purposes of this Part, to be treated as a single significant third party or third party.
Note: See also section 287C (entities that are not incorporated).
When a person is a candidate or part of a group
(9) For the purposes of this Part:
(a) a person who is a candidate in an election is taken to begin to be a candidate on the earlier of the following days:
(i) the day the person announced that the person would be a candidate in the election;
(ii) the day the person nominated as a candidate in the election; and
(b) a group is taken to begin to be a group in an election on the day the members of the group make a request under section 168 for their names to be grouped in the ballot papers for the election;
and the candidate or group ceases to be a candidate or group at the end of 30 days after the polling day in the election.
Note: This subsection is subject to subsections 302D(5) and (6), 302F(7) and (8), 304(10) and (11), 305A(6) and (7), 306A(7A) and (7B), 306B(3) and (4), 307(3), 309(6) and (7) and 313(3).
Formal first preference group votes
(9A) To avoid doubt, a formal first preference vote includes a vote given for a group in a square printed on the ballot paper above the line.
Note: A square numbered 1 for a group above the line is taken under section 272 to be a first preference vote for the candidate at the top of the group below the line.
(10) For the purposes of this Part, if credit is provided on a credit card in respect of card transactions, the credit is to be treated as a separate loan for each transaction.
References in other laws to political campaigners
(11) A reference in another law of the Commonwealth to a person or entity registered under this Act as a political campaigner is taken to be a reference to a person or entity registered under this Act as a significant third party.