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ELECTORAL ACT 2002 - SECT 206

Definitions

    (1)     In this Part—

"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;

        (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;

"election period" in relation to an election, means the period that starts on the day on which the writ was issued for the election and ends at 6 p.m. on election day;

"electoral expenditure", in relation to an election, means expenditure incurred within the period of 12 months immediately before election day 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;

"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—

        (a)     the provision of a service (other than volunteer labour); and

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

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

but excluding—

        (a)     a payment under this Part; and

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

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

"political donation" means a gift to a registered political party;

"property" includes money;

"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 relevant licence amended by Nos 91/2003 s. 10(1), 114/2003 s. 12.1.3(Sch. 6 item 4).

"relevant licence" means a licence granted under—

        (a)     section 13 of the Casino Control Act 1991 ; or

        (b)     section 3.4.29 or 4.3.8 of the Gambling Regulation Act 2003 ;

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

    (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).

    (5)     This section, as amended by section 10 of the Electoral (Amendment) Act 2003 , applies in relation to any political donation made after the commencement of section 10 of that Act.



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