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ELECTORAL ACT 1985 - SECT 130ZO

ELECTORAL ACT 1985 - SECT 130ZO

130ZO—Returns by associated entities

        (1)         The financial controller of an associated entity must, at the prescribed times, furnish to the Electoral Commissioner an "associated entity return", in respect of each prescribed period, in a form approved by the Electoral Commissioner, setting out—

            (a)         the total amount received by, or on behalf of, the entity during each prescribed period; and

            (b)         the particulars prescribed by the regulations in relation to each amount of more than $5 000 (indexed) received by, or on behalf of, the entity from a person or organisation during each prescribed period; and

            (c)         the total outstanding amount, as at the end of each prescribed period, of all debts incurred by, or on behalf of, the entity; and

            (d)         if the sum of all outstanding debts incurred by, or on behalf of, the entity to a person or organisation during a prescribed period is more than $5 000 (indexed), the particulars prescribed by the regulations in relation to each such sum.

        (2)         Amounts received or paid at a time when the entity was not an associated entity are not to be counted for the purposes of subsection (1).

        (3)         If an entity is not an associated entity for an entire period for which a return is required to be furnished under subsection (1), the entity is not required to furnish a return for that period.

        (4)         If any amount required to be set out under subsection (1)(c) or (d)—

            (a)         was paid to or for the benefit of one or more registered political parties; and

            (b)         was paid out of funds generated from capital of the associated entity,

the associated entity return must also set out the following details about each person who contributed to that capital after the commencement of this section:

            (c)         the name and address of the person;

            (d)         the total amount of the person's contributions to that capital, up to the end of the period to which the associated entity return relates.

        (5)         Subsection (4) does not apply to contributions that have been set out in a previous associated entity return under this section.

        (6)         For the purposes of this section—

            (a)         each of the following periods is a "prescribed period" in respect of an associated entity return:

                  (i)         from 30 days after polling day in a general election until the start of the designated period for the next general election

                        (A)         each period from 1 January to 30 June; and

                        (B)         each period from 1 July to 31 December;

                  (ii)         from the start of the designated period for the relevant general election until the expiration of 30 days after the relevant polling day—

                        (A)         the period commencing at the start of the designated period until 30 days after the start of the designated period; and

                        (B)         each period of 7 days from the end of the period referred to in subsubparagraph (A); and

                        (C)         if the number of days from the end of the last period referred to in subsubparagraph (B) until the expiration of 30 days after the relevant polling day is less than 7 days—the period commencing from the end of the last prescribed period referred to in subsubparagraph (B) until the day falling 30 days after the relevant polling day; and

            (b)         the "prescribed times" for furnishing an associated entity return in respect of a prescribed period are as follows:

                  (i)         for the prescribed periods referred to in subsection (6)(a)(i)—within 30 days of the end of each prescribed period;

                  (ii)         for the prescribed periods referred to in subsection (6)(a)(ii)—within 5 days of the end of each prescribed period.

        (7)         For the purposes of this section, 2 or more amounts of more than $200 received by an associated entity from the same person during a financial year are to be treated as 1 amount received by the entity.