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s 175SAA

Terms used

In force
Part 6Electoral finance and disclosure of political contributions, income and expenditure
Division 3AProhibition on receiving foreign contributions

175SAA Terms used

In this Division —

acceptable action, in relation to a foreign contribution, means —

(a)

an amount equal to the amount or value of the foreign contribution is transferred to the State for the purposes of this Division; or

(b)

the foreign contribution is returned to the donor or the person who made the contribution on behalf of the donor; or

(c)

an amount equal to the amount or value of the foreign contribution is transferred to the donor or the person who made the contribution on behalf of the donor;

acceptable action period, in relation to a foreign contribution, means —

(a)

if the foreign contribution is made to a member of the Council or the Assembly — the period of 6 weeks beginning on the day on which the foreign contribution is made; or

(b)

if the foreign contribution is made to a candidate in an election after they nominate as a candidate — the period of 6 weeks beginning on the day on which the foreign contribution is made; or

(c)

if the foreign contribution is made to a person before they nominate as a candidate in an election but after they publicly announce that they will be a candidate — the period of 6 weeks beginning on the day on which the foreign contribution is made; or

(d)

if the foreign contribution is made to a person before the person publicly announces that they will be a candidate in an election — the period of 6 weeks beginning on the day of the announcement; or

(e)

if the foreign contribution is made to a person who does not publicly announce that they will be a candidate in an election before nominating as a candidate — the period of 6 weeks beginning on the day on which the person nominates as a candidate; or

(f)

if the foreign contribution is made to a group — the period of 6 weeks beginning on the later of the following —

(i)

the day on which the foreign contribution is made;

(ii)

the day on which the group claim is lodged under section 80;

or

(g)

if the foreign contribution is made to a responsible person or political entity to which paragraphs (a) to (f) do not apply — the period of 6 weeks beginning on the day on which the foreign contribution is made;

appropriate donor information, about a donor, means —

(a)

if the donor is an individual —

(i)

the particulars relating to the individual on the register of electors; or

(ii)

a copy of a passport, a certificate evidencing the individual’s naturalisation, or any other document evidencing the individual’s Australian citizenship; or

(iii)

a copy of a visa evidencing the individual’s permanent residency in Australia; or

(iv)

a copy of the individual’s 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; or

(v)

any information, or a copy of any document, prescribed by the regulations for the purposes of this subparagraph;

or

(b)

if the donor is not an individual and is incorporated —

(i)

a copy of the donor’s incorporation in Australia; or

(ii)

particulars of the donor’s registration under Australian law evidencing the donor’s incorporation in Australia; or

(iii)

any information, or a copy of any document, prescribed by the regulations for the purposes of this subparagraph;

or

(c)

if the donor is not an individual (whether or not it is incorporated), the information or documents referred to in 1 of the following (whether or not information is omitted, redacted or deleted from the documents) —

(i)

copies of at least 3 recent minutes, or other documents, of the donor evidencing management actions of the donor are taken in Australia, with each document evidencing a different kind of decision;

(ii)

copies of at least 3 official documents of the donor establishing that the donor’s activities are principally carried out in Australia;

(iii)

for a donor that is a trust or foundation — a trust deed or other document indicating that the law of an Australian jurisdiction is the governing law of the trust or foundation, or that the head office or principal place of activity is within Australia;

(iv)

any information, or a copy of any document, prescribed by the regulations for the purposes of this subparagraph;

donor, in relation to a political contribution, means the person who makes the political contribution, or on whose behalf the political contribution is made;

management actions, in relation to a donor that is not an individual, include —

(a)

decisions setting the operational policies of the donor; and

(b)

decisions appointing officers of the donor, or granting powers to such officers to carry on the donor’s activities; and

(c)

directions to persons appointed to carry on the donor’s activities as to how to perform functions; and

(d)

decisions on matters of finance, such as how profits are to be used;

official documents, in relation to a donor that is not an individual, include —

(a)

documents recording separately the number of staff or members of the donor in Australia, and overseas, carrying on activities for the donor; and

(b)

documents recording separately the scale or volume of the activities of the donor carried on in Australia and overseas (for example by reference to revenue derived in Australia and overseas).

[Section 175SAA inserted: No. 30 of 2023 s. 138.]

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