Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 287

             (1)  In this Part, unless the contrary intention appears:

"associated entity" means:

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

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

                     (c)  an entity that is a financial member of a registered political party; or

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

                     (e)  an entity that has voting rights in a registered political party; or

                      (f)  an entity on whose behalf another person has voting rights in a registered political party.

"broadcast" includes televise.

"designated federal party" has the meaning given by subsection 287B(1).

"disclosure period" , in relation to an election, means the period that commenced:

                     (b)  in the case of a candidate in the election (including a member of a group) who had been a candidate in a general election or by‑election the polling day in which was within 4 years before polling day in the election or in a Senate election the polling day in which was within 7 years before polling day in the election--at the end of 30 days after polling day in the last such general election, by‑election or Senate election in which the person was a candidate;

                     (c)  in the case of a candidate in the election (including a member of a group) who had not been a candidate in a general election or by‑election the polling day in which was within 4 years before polling day in the relevant election or in a Senate election the polling day in which was within 7 years before polling day in the relevant election--on the day on which the person announced that he or she would be a candidate in the election or on the day on which the person nominated as a candidate, whichever was the earlier;

                     (d)  in the case of a person who, when he or she became a candidate in the relevant election, was a Senator holding office under section 15 of the Constitution but was not a person who had been a candidate in a general election or by‑election the polling day in which was within 4 years before polling day in the relevant election or in a Senate election the polling day in which was within 7 years before polling day in the relevant election--on the day on which the person was chosen or appointed under section 15;

                     (e)  in the case of a group--on the day on which the members made a request under section 168; and

                      (f)  in the case of a person or organisation to which subsection 305A(1) or (1A) applies--at the end of 30 days after the polling day in the last general election or election of Senators for a State or Territory;

and ended 30 days after polling day in the election.

"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.

"eligible vote" means a vote in respect of which, by virtue of section 294, a payment under Division 3 may be made.

"entitlement" means an entitlement under section 294 in respect of an election.

"entity" means:

                     (a)  an incorporated or unincorporated body;

                     (b)  the trustee of a trust.

"financial controller" , in relation to an entity, means:

                     (a)  if the entity is a company--the secretary of the company;

                     (b)  if the entity is the trustee of a trust--the trustee;

                     (c)  in other cases--the person responsible for maintaining the financial records of the entity.

"financial member" , in relation to a registered political party, means a person or entity that pays an annual subscription to the party.

"gift" means any disposition of property made by a person to another person, otherwise than by will, 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.

"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.

"journal" means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.

"Liberal Party" means the political party that, at the commencement of this definition, was registered under Part XI as the Liberal Party of Australia .

"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 an organisation registered under Schedule 1B to the Workplace Relations Act 1996 or under a law of a State or Territory concerning the registration of industrial organisations.

"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.

             (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 .

             (7)  For the purposes of this Part, an advertisement relates to an election if it contains electoral matter, whether or not consideration was given for the publication or broadcasting of the advertisement.