COMMONWEALTH ELECTORAL ACT 1918 - SECT 287S Anti - avoidance
COMMONWEALTH ELECTORAL ACT 1918 - SECT 287S
Anti - avoidance(1) The Electoral Commissioner may give a person or entity (the relevant person ) a written notice if:
(a) one or more persons or entities (whether or not including the relevant person) enter into, begin to carry out or carry out a scheme; and
(b) there are reasonable grounds to conclude that the person or entity, or any of the persons or entities, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the requirement to register the relevant person under section 287F or 287H (requirement to register as a significant third party or associated entity) for a financial year; and
(c) as a result of the scheme or part of the scheme:
(i) the amount of electoral expenditure incurred by or with the authority of the relevant person during the financial year is reduced below the amount specified in paragraph 287F(1)(a) or subparagraph 287F(1)(b)(i); or
(ii) the amount of revenue of the relevant person during the previous financial year is increased; or
(iii) the amount of electoral expenditure incurred by or with the authority of the relevant person during the previous financial year is reduced; or
(iv) the relevant person is controlled by another person or entity that is not a registered political party but the other person or entity is controlled by, or controls, a registered political party; or
(v) the relevant person operates wholly, or to a significant extent, for the benefit of another person or entity that is not a registered political party or a disclosure entity referred to in paragraph 287H(1)(g) but the other person or entity is controlled by, or controls, a registered political party or a disclosure entity referred to in paragraph 287H(1)(g); or
(vi) the relevant person does not operate wholly, or to a significant extent, for the dominant purpose of fundraising amounts that are for the purpose of incurring electoral expenditure or that are to be gifted to another person or entity for the purpose of incurring electoral expenditure; and
(d) as a result of the scheme or part, the relevant person is not required to be registered under section 287F or 287H for the financial year.
Note 1: A decision to give a notice is a reviewable decision (see section 120).
Note 2: For the definition of scheme , see subsection 287(1).
(2) The notice must specify that, for the purposes of this Act, the relevant person is taken, from the day specified in the notice, to be required to be registered for the financial year as a significant third party or associated entity (as the case requires), and the notice has effect accordingly.
(3) The day specified in the notice must not be earlier than the day the notice is given to the relevant person.
(4) This section applies whether or not the scheme is entered into, begun to be carried out or carried out:
(c) partly in Australia and partly outside Australia.