Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"address" of a natural person or entity means:
(a) for a natural person--a full street address and suburb or locality at which the person can be contacted; or
(b) for an entity:
(i) if the entity has a principal office--a full street address and suburb or locality of the office; or
(ii) if the entity does not have a principal office, but does have premises--a full street address and suburb or locality of the premises; or
(iii) in the case of any other entity that authorised the communication of electoral matter--a full street address and suburb or locality at which the natural person who was responsible for giving effect to the authorisation can be contacted.
"ancillary contravention" of section 321D or 321DA means a contravention of that section as a result of section 92 of the Regulatory Powers Act (ancillary contravention of civil penalty provisions).
"authorises" : a person authorises the communication of electoral matter if:
(a) if the content of the matter is approved before the matter is communicated--the person approves the content of the matter; or
(b) otherwise--the person communicates the matter.
Examples: In the case of a call centre, the person who was originally responsible for approving the content of the phone calls from the call centre is the person who authorises the communication. In the case of an email whose content has not previously been approved, the person who sends the email authorises the communication.
"by-election" means an election of a member of the House of Representatives that is not part of a general election.
"communicate" : a carriage service provider does not communicate electoral matter merely because the carriage service provider supplies the listed carriage service used to communicate the matter.
"conduct" means an act or an omission to perform an act.
"disclosure entity" : a person or entity is a disclosure entity at a particular time if the person or entity is any of the following at that time:
(a) a registered political party;
(aa) a significant third party (within the meaning of Part XX);
(ab) a third party (within the meaning of Part XX);
(b) an associated entity (within the meaning of Part XX);
(c) a senator or a member of the House of Representatives;
(d) a candidate in an election or by - election;
(e) a person who was a candidate in:
(i) an election or by - election of a member of the House of Representatives in the previous 4 years; or
(ii) an election of Senators for a State or Territory in the previous 7 years;
(f) 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;
(i) is or will be required to provide a return under section 305A, 305B or 306 for the financial year in which the time occurs; or
(ii) based on conduct in previous financial years, may be required to provide a return under section 305A, 305B or 306 for the financial year in which the time occurs;
except if the return is provided because of electoral expenditure incurred solely for the purposes of carrying out an opinion poll, or other research, relating to an election or the voting intentions of electors.
Note: Sections 305A, 305B and 306 require returns relating to gifts to candidates, political parties, significant third parties, members of the House of Representatives and Senators.
"election" means a general election or an election of Senators for a State or Territory.
"primary contravention" of section 321D or 321DA means a contravention of that section that is not an ancillary contravention of that section.
"relevant town or city" of an entity or natural person (the authoriser ) that authorised the communication of electoral matter means:
(a) if the authoriser has a principal office--the town or city in which the office is located; or
(b) if the authoriser does not have a principal office, but does have premises from which the authoriser operates--the town or city in which the premises are located; or
(c) otherwise--the town or city in which:
(i) the authoriser lives; or
(ii) if the authoriser is an entity--the natural person who was responsible for giving effect to the authorisation lives.