ELECTORAL ACT 2002 - SECT 206 Definitions

ELECTORAL ACT 2002 - SECT 206

    (1)     In this Part—

S. 206(1) def. of administrative expenditure funding inserted by No. 30/2018 s. 46.

"administrative expenditure funding" means funding paid to a registered political party or an independent elected member for administrative expenses, including expenses incurred in complying with this Part;

S. 206(1) def. of annual return inserted by No. 30/2018 s. 48(1).

"annual return" means an annual return required to be provided to the Commission under Division 1C or 3C;

S. 206(1) def. of associated entity inserted by No. 30/2018 s. 42(1).

"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—

but does not include a nominated entity of a registered political party;

S. 206(1) def. of Australian resident inserted by No. 30/2018 s. 42(1).

"Australian resident" has the same meaning as it has in section 7 of the Social Security Act 1991 of the Commonwealth;

S. 206(1) def. of candidate inserted by No. 30/2018 s. 42(1).

"candidate" means—

        (a)     a person who has been selected by a political party to be a candidate in an election; or

        (b)     a person, other than a member of a political party, who has publicly announced an intention to be a candidate in an election;

S. 206(1) def. of compliance officer inserted by No. 30/2018 s. 42(1).

"compliance officer" means a person who is appointed by the Commission under section 222A;

S. 206(1) def. of disclosure return inserted by No. 30/2018 s. 48(1).

"disclosure return" means a disclosure return required to be provided to the Commission under section 216;

S. 206(1) def. of disposition of property amended by No. 30/2018 s. 42(2)(a).

"disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property including—

        (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;

        (ca)     the making of a loan or a non-financial loan or the forbearance of any loan or non-financial loan;

        (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;

        (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;

S. 206(1) def. of donor inserted by No. 30/2018 s. 42(1).

"donor" means a person who makes a political donation;

S. 206(1) def. of elected member inserted by No. 30/2018 s. 42(1).

"elected member" means a person who is a member of the Council or the Assembly;

S. 206(1) def. of election campaigning period inserted by No. 30/2018 s. 42(1).

"election campaigning period" means the period—

        (a)     commencing on 1 October in the year of a general election as a result of the expiration of the Assembly and ending at 6 p.m. on the day of the general election; or

        (b)     commencing on the day on which the writ is issued for any other election and ending at 6 p.m. on the day of the election;

S. 206(1) def. of election period substituted by No. 30/2018 s. 48(2)(a).

"election period" means—

        (a)     the period commencing on the day after election day of the 2018 general election and ending on election day of the subsequent general election; and

        (b)     each subsequent period commencing on the day after election day of the previous general election and ending on the next general election day;

S. 206(1) def. of electoral expenditure amended by No. 30/2018 s. 48(3).

"electoral expenditure", in relation to an election, means expenditure incurred within the election period on—

        (a)     the broadcasting of an advertisement relating to the election; or

        (b)     the publishing in a journal of an advertisement relating to the election; or

        (c)     the display at a theatre or other place of entertainment, of an advertisement relating to the election; or

        (d)     the production of an advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in paragraph (a), (b) or (c); or

        (e)     the production of any material in relation to the election (not being material referred to in paragraph (a), (b) or (c)) that is required under section 83 to include the name and address of the author of the material or of the person authorising the material; or

        (f)     the production and distribution of electoral matter that is addressed to particular persons or organisations; or

        (g)     fees or salaries paid to consultants or advertising agents for—

              (i)     services provided, being services relating to the election; or

              (ii)     material relating to the election; or

        (h)     the carrying out of an opinion poll, or other research, relating to the election;

"entitlement" means the amount determined in accordance with section 211;

S. 206(1) def. of entity inserted by No. 30/2018 s. 42(1).

"entity" means—

        (a)     an incorporated or unincorporated body; or

        (b)     the trustee of a trust;

S. 206(1) def. of financial institution inserted by No. 30/2018 s. 42(1).

"financial institution" means—

        (a)     a bank; or

        (b)     a credit union; or

        (c)     a building society; or

        (d)     a body prescribed by the regulations to be a financial institution;

S. 206(1) def. of general cap inserted by No. 30/2018 s. 48(1).

"general cap" means $4000;

S. 206(1) def. of gift substituted by No. 30/2018 s. 42(2)(b).

"gift" means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including the following—

        (a)     the provision of a service;

        (b)     the payment of an amount in respect of a guarantee;

        (c)     the making of a payment or contribution at a fundraising function;

        (d)     the disposition of property from a registered political party, a branch of a registered political party or an associated entity—

but does not include the following—

        (e)     a payment under this Part;

        (f)     a gift to an individual that was made in a private capacity to the individual for their personal use, and that the individual has not used, and does not intend to use, solely or substantially for an election;

        (g)     an annual subscription paid to a registered political party by a person in respect of the person's membership of the registered political party;

        (h)     an annual affiliation fee paid to a registered political party by an associated entity;

              (i)     an annual levy paid to a registered political party by—

              (i)     an elected member or a member of staff of the elected member (including an electoral officer); or

              (ii)     an employee or elected official of the registered political party;

        (j)     a gift made by a registered political party to the nominated entity of the registered political party or received by a registered political party from the nominated entity of the registered political party;

        (ja)     a gift made for Commonwealth electoral purposes that is not paid into the State campaign account;

        (k)     the provision of volunteer labour;

        (l)     the provision of labour shared between—

              (i)     a registered political party and any other branch of the registered political party; or

              (ii)     an associated entity and any other branch of the associated entity; or

              (iii)     a third party campaigner and any other branch of the third party campaigner;

        (m)     if the provision of labour to which paragraph (l) applies includes the provision of an asset or piece of equipment to be used by the person in providing the labour, the asset or piece of equipment;

Example

If a person from the first branch of a registered political party, associated entity or third party campaigner is shared with another branch of the registered political party, associated entity or third party campaigner and brings with them a mobile phone supplied by the first branch of the registered political party, associated entity or third party campaigner to use while providing their labour, the provision of the mobile phone is not a gift.

If a person from the first branch of a registered political party, associated entity or third party campaigner is shared with another branch of the registered political party, associated entity or third party campaigner and provides their labour from an office supplied by the first branch of the registered political party, associated entity or third party campaigner, the provision of the office is not a gift.

S. 206(1) def. of group inserted by No. 30/2018 s. 42(1).

"group" means 2 or more candidates whose names are grouped on a ballot-paper in accordance with section 69A;

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

S. 206(1) def. of loan inserted by No. 30/2018 s. 42(1).

"loan" means—

        (a)     an advance of money; or

        (b)     the provision of credit or any other form of financial accommodation; or

        (c)     the payment of an amount for, on account of, on behalf of or at the request of, the receiver, where there is an express or implied obligation to repay that amount; or

        (d)     any other transaction, whatever its terms or form, that in substance is a loan of money—

but does not include a loan made on a commercial basis by a financial institution;

S. 206(1) def. of nominated entity inserted by No. 30/2018 s. 42(1).

"nominated entity", of a registered political party, means an entity the name and address of which is entered on the Register of Nominated Entities as the nominated entity of the registered political party;

S. 206(1) def. of non-financial loan inserted by No. 30/2018 s. 42(1).

"non-financial loan" means the loan of an asset or piece of equipment;

S. 206(1) def. of

political donation substituted by No. 30/2018 s. 42(2)(c).

"political donation" means a gift to any of the following—

        (a)     a registered political party;

        (b)     a candidate at an election;

        (c)     a group;

        (d)     an elected member;

        (e)     an associated entity, if the whole or part of the gift was used, or intended to be used, by the associated entity to—

              (i)     enable the associated entity to make, directly or indirectly, a political donation or incur political expenditure; or

              (ii)     reimburse the associated entity for making, directly or indirectly, a political donation or incurring a political expenditure—

in which case, the whole or the part of the gift used, or intended to be used, for the purposes specified in subparagraphs (i) and (ii) is a political donation;

        (f)     a third party campaigner, if the whole or part of the gift was used, or intended to be used, by the third party campaigner to—

              (i)     enable the third party campaigner to make, directly or indirectly, a political donation or incur political expenditure; or

              (ii)     reimburse the third party campaigner for making, directly or indirectly, a political donation or incurring a political expenditure—

in which case, the whole or the part of the gift used, or intended to be used, for the purposes specified in subparagraphs (i) and (ii) is a political donation;

        (g)     the nominated entity of a registered political party;

S. 206(1) def. of political expenditure inserted by No. 30/2018 s. 42(1).

"political expenditure" means any expenditure for the dominant purpose of directing how a person should vote at an election, by promoting or opposing—

        (a)     the election of any candidate at the election; or

        (b)     a registered political party; or

        (c)     an elected member—

but does not include expenditure incurred by an associated entity or third party campaigner on any material that is published, aired or otherwise disseminated outside of the election campaigning period unless the material refers to—

        (d)     a candidate or a registered political party; and

        (e)     how a person should vote at an election;

"property" includes money;

S. 206(1) def. of Register of Agents inserted by No. 30/2018 s. 46.

"Register of Agents" means the Register of Agents established under section 207A;

S. 206(1) def. of Register of Nominated Entities inserted by No. 30/2018 s. 42(1).

"Register of Nominated Entities "means the Register of Nominated Entities established and maintained under section 222E;

"registered", in relation to an election, means registered under Part 4, before the day of the issue of the writ for the election;

S. 206(1) def. of registered agent inserted by No. 30/2018 s. 46.

"registered agent" means—

        (a)     a person nominated as the agent of a candidate at an election, a group, an elected member, an associated entity or a third party campaigner whose name and address is registered on the Register of Agents; or

        (b)     if a person has not been nominated, the person who is to be taken to be the registered agent of a candidate at an election, a group, an elected member, a nominated entity, an associated entity or a third party campaigner in accordance with section 207B or 207C;

S. 206(1) def. of registered officer inserted by No. 30/2018 s. 46.

registered officer has the meaning given to registered officer of a registered political party by section 44;

S. 206(1) def. of relevant business number inserted by No. 30/2018 s. 42(1).

"relevant business number" means—

        (a)     an Australian Business Number; or

        (b)     any other number allocated or recognised by the Australian Securities and Investments Commission for the purpose of identifying a business;

S. 206(1) def. of relevant licence amended by Nos 91/2003 s. 10(1), 114/2003 s. 12.1.3(Sch. 6 item 4), repealed by No. 30/2018 s. 48(2)(b).

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S. 206(1) def. of small contribution inserted by No. 30/2018 s. 46.

"small contribution" means a political donation that is equal to or less than the value of $50;

S. 206(1) def. of State campaign account inserted by No. 30/2018 s. 46.

"State campaign account" means the separate account or accounts required to be kept under section 207F;

S. 206(1) def. of statement amended by No. 13/2022 s. 27(a).

"statement" means the statement given to the Commission under section 208;

S. 206(1) def. of

third party campaigner inserted by No. 30/2018 s. 42(1), amended by No. 13/2022 s. 27(b).

"third party campaigner" means any person or entity other than—

        (a)     a registered political party; or

        (b)     a candidate at an election; or

        (c)     a group; or

        (d)     an elected member; or

        (e)     an associated entity; or

        (f)     a nominated entity of a registered political party—

that receives political donations or incurs political expenditure which exceeds a total of $4000 in a financial year.

S. 206(1A) inserted by No. 30/2018 s. 42(3).

    (1A)     For the purposes of this Part, the value of a gift, other than of money, is to be determined in accordance with the principles prescribed by the regulations.

    (2)     A reference in this Part to things done by or with the authority of a registered political party must, if   the registered political party is not a body corporate, be read as a reference to things done by or with the authority of members or officers of the registered political party on behalf of the registered political party.

    (3)     For the purposes of this Part—

        (a)     a body corporate and any other body corporate that is related to the first‑mentioned body corporate are deemed to be the same person; and

        (b)     the question whether a body corporate is related to another body corporate is to be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act.

    (4)     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.

S. 206(5) inserted by No. 91/2003 s. 10(2), repealed by No. 30/2018 s. 48(4).

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