Interpretation
287 Interpretation
In this Part, unless the contrary intention appears:
administrative expenditure has the meaning given by section 287AAA.
associated entity means an entity that is registered as an associated entity under section 287L.
See section 287H for when an entity is required to be registered as an associated entity.
Australian resident means a person who holds a permanent visa under the Migration Act 1958.
broadcast includes televise.
candidate has a meaning affected by subsection (9).
commercial interest rate, in relation to a loan, means a rate of interest per annum that is at least 1.5 percentage points above:
the cash rate target published by the Reserve Bank of Australia that is in effect on the day the loan is made; or
if the Reserve Bank no longer publishes an interest rate called the cash rate target—the interest rate published by the Reserve Bank that is substantively the same as the cash rate target and is in effect on the day the loan is made.
The cash rate target published by the Reserve Bank is commonly referred to as the cash rate. For details of the cash rate target and other interest rates published by the Reserve Bank, see www.rba.gov.au.
core member of an expenditure group has the meaning given by paragraph 302ALF(1)(a).
credit card means:
any article of a kind commonly known as a credit card; or
any similar article intended for use in obtaining cash, goods or services on credit;
and includes any article of a kind that persons carrying on business commonly issue to their customers or prospective customers for use in obtaining goods or services from those persons on credit.
disclosure threshold means $5,000.
The amount of $5,000 is indexed under section 321AA.
disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:
the allotment of shares in a company;
the creation of a trust in property;
the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
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;
the exercise by a person of a general power of appointment of property in favour of any other person; and
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.
donation disclosure notice means a notice under subsection 303A(1), 303E(1) or 303L(1).
election means an election of a member of the House of Representatives or an election of senators for a State or Territory.
For the meaning of election when used in Division 4 of this Part, see section 303.
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.
electoral expenditure has the meaning given by section 287AB.
entity means:
an incorporated or unincorporated body;
the trustee of a trust.
expenditure group has the meaning given by subsection 302ALF(1).
federal account means an account where:
the only amounts deposited into the account are amounts to be used only for a federal purpose; and
the only amounts withdrawn or transferred from the account are amounts:
withdrawn or transferred for a federal purpose; or
transferred to another federal account; and
the account is with an ADI within the meaning of the Banking Act 1959; and
the account is kept in Australia.
ADI is short for authorised deposit‑taking institution.
A federal account of a federal party may be established by the federal party or a State branch of the federal party.
federal administrative account means an account where:
the only amounts deposited into the account are amounts to be used only for a federal administrative purpose; and
the only amounts withdrawn or transferred from the account are amounts:
withdrawn or transferred for a federal administrative purpose; or
transferred to another federal administrative account; and
the account is with an ADI within the meaning of the Banking Act 1959; and
the account is kept in Australia.
ADI is short for authorised deposit‑taking institution.
A federal administrative account of a federal party may be established by the federal party or a State branch of the federal party.
federal administrative purpose means the purpose of incurring:
administrative expenditure; or
expenditure to the extent that it would be administrative expenditure if references in subsection 287AAA(1) to a registered political party included references to a political entity, a member of the House of Representatives or a Senator, a third party, or a person or an entity that is (or is required to be registered as) a significant third party, an associated entity or a nominated entity.
See section 287AAA for the definition of administrative expenditure.
federal party means a registered political party that has:
a federal branch; and
2 or more State branches that are registered political parties.
federal purpose means the purpose of incurring electoral expenditure, or creating or communicating electoral matter.
financial controller, in relation to a person or entity, means (subject to section 292F):
if the person or entity is a company—the secretary of the company;
if the person or entity is the trustee of a trust—the trustee;
in other cases—the person responsible for maintaining the financial records of the person or entity.
financial institution means:
an ADI (within the meaning of the Banking Act 1959); or
a bank; or
a building society; or
a credit union.
ADI is short for authorised deposit‑taking institution.
financial member, in relation to a registered political party, means a person or entity that pays an annual subscription to the party.
foreign donor has the meaning given by section 287AA.
foreign public enterprise has the meaning given by section 70.1 of the Criminal Code.
gift has the meaning given by section 287AAB.
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.
group amount for a group means the total amount worked out by multiplying $5 by the number of formal first preference votes given for candidates in the group in the relevant election, based on formal first preference votes counted as at the day mentioned in subsection 293(3).
The dollar amount specified in this definition is indexed under section 321.
head office of an entity means the place of business where central management and control of the entity are exercised.
House of Representatives qualifying day, for a person and a registered political party, has the meaning given by section 302AB.
independent member: a person is an independent member if the person:
is a member of the House of Representatives or a Senator; and
is not a member of a registered political party.
jointly endorsed group means a group whose candidates are endorsed for a Senate election by more than one registered political party.
journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.
loan means any of the following:
an advance of money;
a provision of credit or any other form of financial accommodation;
a payment of an amount for, on account of, on behalf of or at the request of, a person or entity, if there is an express or implied obligation to repay the amount;
a transaction (whatever its terms or form) which in substance effects a loan of money.
For loans on credit cards, see subsection (10).
nominated entity means an entity registered as the nominated entity of a registered political party under section 287MC.
peak representative body means an entity in respect of which the following conditions are satisfied:
the majority of the entity’s income is payments made by the members, branches or affiliates (however described) of the entity;
none of the members, branches or affiliates (however described) of the entity is a natural person except:
an officeholder of the entity who is a non‑financial member, branch or affiliate of the entity; or
a person who is a non‑financial member, branch or affiliate of the entity in their capacity as an officeholder of a body corporate or another organisation; or
an honorary non‑financial member, branch or affiliate of the entity;
the entity operates for the sole or dominant purpose of representing the shared interests of the members, branches or affiliates (however described) of the entity;
the majority of the entity’s income is not used for the purpose of incurring electoral expenditure or making gifts for the purpose of incurring electoral expenditure;
the entity was formed in Australia, or incorporated by or under a law of the Commonwealth or of a State or a Territory.
A peak representative body represents the shared interests of other organisations, and may also be a significant third party, an associated entity or a third party.
political campaigner: see subsection (11).
polling day, in relation to an election, means the day fixed for polling in the election.
property includes money.
qualifying election has the meaning given by subsection 298J(2).
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
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 the Fair Work (Registered Organisations) Act 2009; or
an association registered or recognised under that Act or under a law of a State or Territory concerning the registration of industrial associations.
regulated entity means:
in section 302CA—a political entity, a significant third party or a third party; and
in section 314B—a political entity, a significant third party, a third party, an associated entity or a nominated entity; and
in sections 314C and 314D—a political entity, a member of the House of Representatives or a Senator, a significant third party, a third party, an associated entity or nominated entity.
scheme (except in section 287E) means:
any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
Senate‑only election means a Senate election not held concurrently with a general election.
Senate qualifying day, for a person and a registered political party, has the meaning given by section 302AB.
significant third party means a person or entity that is registered as a significant third party under section 287L.
See also subsection (8) of this section and section 287C (entities that have branches or are not incorporated).
See section 287F for when a person or entity is required to be registered as a significant third party.
single‑party endorsed group means a group whose candidates are endorsed for a Senate election by a single registered political party.
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.
State or Territory electoral law means a law (including a part of a law) of a State or Territory that deals with electoral matters (within the ordinary meaning of the expression).
State or Territory electoral purpose means a purpose relating to a State, Territory or local government election (and, to avoid doubt, does not include the purpose of incurring electoral expenditure or creating or communicating electoral matter).
third party: a person or entity (except a political entity, a member of the House of Representatives or a Senator) is a third party at a time during a calendar year if:
the amount of electoral expenditure incurred by or with the authority of the person or entity during the year as at that time is more than the third party threshold; and
at that time in the year, the person or entity:
is not required to be registered as a significant third party under section 287F or as an associated entity under section 287H for the year; and
is not so registered under section 287L; and
the person or entity is not a nominated entity at that time in the year.
See also subsections (8) and (8A) to (8D) and section 287C (entities that have branches or are not incorporated).
third party threshold means $20,000.
The amount of $20,000 is indexed under section 321A.
Transparency Register means the Register of that name established and maintained under section 287N.
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.
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.
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.
In relation to a political party that does not have State branches or that only carries on activities in one State or Territory:
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
a reference to the agent of a State branch of a political party is:
a reference to the agent of the party in respect of the relevant State or Territory; or
if the party does not have an agent in respect of that State or Territory—a reference to the agent of the party.
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.
For the purposes of this Part:
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
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.
Branches of significant third parties and third parties
A significant third party or third party that has branches is, for the purposes of this Part, to be treated as a single significant third party or third party.
See also section 287C (entities that are not incorporated).
Entities that are both a significant third party and an associated entity
If, at a time, an entity is registered as both:
a significant third party; and
an associated entity;
then the entity is, for the purposes of this Part, to be treated at that time as if it were only an associated entity.
Branches of associated entities
An associated entity that has a branch that is also an associated entity is, for the purposes of this Part, to be treated as a separate associated entity from the branch.
Associated entity that is a body corporate that is related to another body corporate
If an associated entity is a body corporate that is related to another body corporate, then, despite subsection (6), the associated entity is, for the purposes of this Part, to be treated as a separate person from the other body corporate.
Significant third party or third party that has a branch that is an associated entity
If a significant third party or a third party has a branch that is an associated entity, then, despite subsection (8), the branch is, for the purposes of this Part, to be treated as separate from the significant third party or third party.
When a person is a candidate
For the purposes of this Part, a person:
begins to be a candidate in an election on the earliest of the following days:
the day the person announced that the person would be a candidate in the election;
the day the person nominated as a candidate in the election;
the day the person receives a gift for a federal purpose in relation to the person’s campaign as a candidate that exceeds the disclosure threshold;
the day that the total amount or value of all gifts for a federal purpose received by the person in relation to the person’s campaign as a candidate, from the same person or entity, exceeds the disclosure threshold;
the day the person incurs electoral expenditure for the purposes of the person’s campaign as a candidate that exceeds the disclosure threshold; and
ceases to be a candidate in an election at the end of 7 days after the polling day in the election.
A person may, for example, begin to be a candidate when the person receives a gift as described in subparagraph (a)(iii) of this subsection, regardless of whether the person has announced the person would be a candidate, or the person nominated as a candidate, in an election.
Candidates have certain obligations under this Part in relation to, for example, the expedited disclosure of gifts, the keeping of a federal account and the submission of annual returns (see Division 5). Gifts to candidates may be subject to a gift cap (see Division 3A), and expenditure by candidates may be subject to an electoral expenditure cap (see Division 3AB).
Formal first preference group votes
To avoid doubt, a formal first preference vote includes a vote given for a group in a square printed on the ballot paper above the line.
A square numbered 1 for a group above the line is taken under section 272 to be a first preference vote for the candidate at the top of the group below the line.
Loans on credit cards
For the purposes of this Part, if credit is provided on a credit card in respect of card transactions, the credit is to be treated as a separate loan for each transaction.
References in other laws to political campaigners
A reference in another law of the Commonwealth to a person or entity registered under this Act as a political campaigner is taken to be a reference to a person or entity registered under this Act as a significant third party.
This provision refers to the regulations (the regulations
). Made under this Act:
- High Court Rules 2004 · under s 375
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