s 175

Terms used

In force

In this Part, unless the contrary intention appears —

affiliate fee means a fee paid by a person (who is not an associated entity) to an associated entity or political party so the person can affiliate with the associated entity or party;

agent means agent for the purposes of this Part;

associated entity means an incorporated body, unincorporated body or trustee of a trust that —

(a)

is controlled by 1 or more political parties; or

(b)

operates for the benefit of 1 or more political parties;

broadcast means broadcast by radio, television, the internet or another form of electronic communication;

campaign committee, in relation to a registered political party, means a body of persons appointed or engaged to form a committee to assist the campaign of —

(a)

the endorsed candidates of the political party in a general election; or

(b)

an endorsed candidate of the political party in a single member election; or

(c)

a group in a Council election all the persons included in which are endorsed candidates of the political party;

capped expenditure period, for an election, means the period —

(a)

commencing on the day of issue of the writ for the election; and

(b)

ending at the latest time on polling day in the election at which an elector in the State could enter a place to vote for the purpose of casting a vote in the election;

compulsory party levy means an amount a political party requires to be paid to the party by —

(a)

an elected member who is a member of the political party; or

(b)

a person employed by, or appointed or employed to assist, an elected member who is a member of the political party, including an electorate officer as defined in the Parliamentary and Electorate Staff (Employment) Act 1992 section 3(1); or

(c)

a person employed by the political party;

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes —

(a)

the allotment of shares in a company; and

(b)

the creation of a trust in respect of property; and

(c)

the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in respect of property; and

(d)

the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, loan, contract or chose in action, or of any interest in respect of property; and

(da)

the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of interest payments in respect of a debt or loan; and

(e)

the exercise by a person of a general power of appointment over property in favour of any other person; and

(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;

division, in relation to a political party, includes a branch or campaign committee of the party;

electoral expenditure, in relation to an election, has the meaning given in section 175AA(1);

electoral matter means matter that is intended, calculated or likely to affect voting in an election;

financial controller, in relation to an associated entity, means —

(a)

if the entity is a company, the secretary of the company;

(b)

if the entity is the trustee of a trust, the trustee;

(c)

in other cases, the person responsible for maintaining the financial records of the entity;

foreign contribution means a political contribution the donor of which is a foreign donor;

foreign donor means a person who makes a political contribution who is any of the following —

(a)

a body politic of a foreign country;

(b)

a body politic of a part of a foreign country;

(c)

a part of a body politic mentioned in paragraph (a) or (b);

(d)

a foreign public enterprise as defined in the Criminal Code (Commonwealth) section 70.1;

(e)

a body (whether or not incorporated) that does not meet any of the following conditions —

(i)

the body is incorporated in Australia;

(ii)

the body’s head office is in Australia;

(iii)

the body’s principal place of activity is, or is in, Australia;

(f)

an individual who is none of the following —

(i)

an elector;

(ii)

an Australian citizen;

(iii)

an Australian resident;

(iv)

a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 (Commonwealth), or if that Subclass ceases to exist, the kind of visa that replaces the Subclass;

general election means a general election for the Assembly or the Council;

gift has the meaning given in section 175AB;

higher reimbursement amount has the meaning given in section 175LB(1);

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

LA by-election cap amount, for an election in a district not held as part of a general election for the Assembly, means —

(a)

if polling day in the election is before 1 July 2025 — $390 000; or

(b)

if polling day in the election is in a financial year that begins on or after 1 July 2025 — the amount calculated under section 175AC for the financial year in which polling day in the election occurs;

LA candidate cap amount, for an election in a district held as part of a general election for the Assembly, means —

(a)

if polling day in the election is before 1 July 2025 — $130 000; or

(b)

LC by-election cap amount, for a Council election that is not a general election, means —

(a)

if polling day in the election is before 1 July 2025 — $195 000; or

(b)

LC candidate cap amount, for a general election for the Council, means —

(a)

if polling day in the election is before 1 July 2025 — $65 000; or

(b)

lower reimbursement amount has the meaning given in section 175LB(2);

non‑party group means a group that is not a party group;

party group means a group all the endorsed candidates included in which have been endorsed by —

(a)

the same registered political party; or

(b)

1 or more registered political parties;

political contribution means any of the following —

(a)

an affiliate fee;

(b)

a compulsory party levy;

(c)

a gift;

political entity means —

(a)

a member of the Council or the Assembly; or

(b)

a political party; or

(c)

an associated entity; or

(d)

a candidate in an election; or

(e)

a group in an election; or

(f)

a third‑party campaigner;

political purpose means 1 or more of the following purposes —

(a)

to promote or oppose a political party;

(b)

to have a candidate elected;

(c)

to otherwise influence voting in an election;

principal officer of a public agency means —

(a)

in relation to a department of the Public Service or an SES organisation under the Public Sector Management Act 1994 — the chief executive officer of that department or organisation;

(b)

in relation to the Police Force of Western Australia — the Commissioner of Police;

(c)

in relation to a public agency that consists of one person (not being an incorporated body) — that person;

(d)

in relation to a public agency for which the regulations declare an officer to be the principal officer of the agency — that officer;

(e)

in relation to any other public agency —

(i)

if it is an incorporated body that has no members — the person who manages the affairs of the body; or

(ii)

if it is a body (whether incorporated or not) that is constituted by 2 or more persons — the person who is entitled to preside at any meeting of the body at which the person is present;

property includes money;

public agency means —

(a)

a department of the Public Service or an organisation specified in column 2 of Schedule 2 to the Public Sector Management Act 1994; or

(b)

the Police Force of Western Australia; or

(c)

a body or office that is established for a public purpose under a written law; or

(d)

a body or office that is established by the Governor or a Minister; or

(e)

any other body or office that is declared by the regulations to be a public agency being —

(i)

a body or office established under a written law; or

(ii)

a corporation or association over which control can be exercised by the State, a Minister, a body referred to in paragraph (a), (c), (d) or (e)(i), or the holder of an office referred to in paragraph (d) or (e)(i);

registered third‑party campaigner means a person who is registered on the third‑party campaigners register;

responsible person means —

(a)

for a member of the Council or the Assembly — the agent of the member; or

(b)

for a political party — the agent of the party; or

(c)

for an associated entity — the financial controller of the associated entity; or

(d)

for a candidate in an election — the agent of the candidate; or

(e)

for a group in an election — the agent of the group; or

(f)

for a third‑party campaigner — the agent of the third‑party campaigner under section 175DA;

specified amount means —

(a)

before 1 July 2025 — $2 600; or

(b)

otherwise — the amount worked out for a financial year under section 175AC;

third‑party campaigner —

(a)

means a person who —

(i)

incurs, or authorises another person to incur, electoral expenditure in relation to an election; or

(ii)

receives a gift that is made for a political purpose;

but

(b)

does not include —

(i)

a member of the Council or the Assembly; or

(ii)

a registered political party; or

(iii)

an associated entity; or

(iv)

a candidate; or

(v)

a group;

third‑party campaigners register has the meaning given in section 175SS(1);

third‑party general cap amount, in relation to an election, means —

(a)

if polling day in the election is before 1 July 2025 — $500 000; or

(b)

third‑party LC cap amount, in relation to an election, means —

(a)

if polling day in the election is before 1 July 2025 — $19 500; or

(b)

[Section 175 inserted: No. 75 of 1992 s. 4 (as amended: No. 43 of 1996 s. 26); amended: No. 36 of 2000 s. 59 and 66; No. 35 of 2012 s. 5; No. 30 of 2023 s. 113.]

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