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COMMONWEALTH ELECTORAL ACT 1918 - SECT 287H

Requirement to register as an associated entity

  (1)   An entity (except a political entity) must be registered for a financial year as an associated entity, in accordance with subsection   (2), if any of the following apply in that year:

  (a)   the entity is controlled by one or more registered political parties;

  (b)   the entity operates wholly, or to a significant extent, for the benefit of one or more registered political parties;

  (c)   the entity is a financial member of a registered political party;

  (d)   another person is a financial member of a registered political party on behalf of the entity;

  (e)   the entity has voting rights in a registered political party;

  (f)   another person has voting rights in a registered political party on behalf of the entity;

  (g)   the entity operates wholly, or to a significant extent, for the benefit of one or more disclosure entities and the benefit relates to one or more electoral activities (whether or not the electoral activities are undertaken during an election period).

Note:   For the meaning of disclosure entity , see subsection   (4).

  (2)   The entity must be registered before the end of 90 days after becoming required to be registered.

  (3)   An entity that is required to be registered under subsection   (1) for a financial year must not incur any electoral expenditure, or fundraise any amounts for the purpose of incurring electoral expenditure, in that financial year, after becoming required to be so registered, if the entity is not registered as an associated entity.

Note:   A member, agent or officer of the entity may contravene this subsection if the entity is not a legal person (see section   287C).

Civil penalty:

The higher of the following amounts:

  (a)   200 penalty units;

  (b)   if the court can determine the amount, or an estimate of the amount, of electoral expenditure incurred, or fundraised, in contravention of this subsection--3 times that amount.

  (4)   The reference in paragraph   (1)(g) to a disclosure entity is a reference to a person or entity that is covered by paragraph   (aa) or any of paragraphs   (c) to (f) of the definition of disclosure entity in section   321B.

  (5)   To avoid doubt, the reference in paragraph   (1)(g) to a benefit that relates to an electoral activity includes:

  (a)   fundraising amounts, of at least equal to the disclosure threshold, for the purpose of incurring electoral expenditure; and

  (b)   assisting in the creation or communication of electoral matter; and

  (c)   otherwise facilitating the interests of a disclosure entity with respect to preparing for, or participating in, an election.



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