(1) In this Act, unless the contrary intention appears –
Administration Fund means the Administration Fund established under section 146 ;
amended Assembly election campaign return means an amended Assembly election campaign return that is lodged with the Commission under section 73 ;
amended Council election campaign return means an amended Council election campaign return that is lodged with the Commission under section 86 ;
amended donation declaration means an amended donation declaration that is lodged with the Commission under section 51 ;
appointed official agent, in relation to a person, means the natural person who is appointed under section 114(4)(a) to be the official agent in relation to the person;
appointed party agent, in relation to a party, means the natural person who is appointed under section 107(4)(a) to be the party agent in relation to the person;
approved means approved by the Commission;
Assembly means the House of Assembly of the Parliament of Tasmania;
Assembly administrative expenditure – see section 14 ;
Assembly by-election means an election to elect a Member in respect of an Assembly division pursuant to a writ issued under section 64 of theElectoral Act 2004 ;
Assembly candidate means a person who is a candidate in relation to an Assembly election;
Assembly division means a division, determined in accordance with the Constitution Act 1934 , for the return of Members to represent the electors of that division in the Assembly;
Assembly election means –
(a) an election, forming part of an Assembly general election, to elect an Assembly Member in respect of an Assembly division; and
(b) an Assembly by-election;
Assembly election campaign return means an Assembly election campaign return lodged under section 71 ;
Assembly general election means the elections held, or to be held, contemporaneously to elect Members in respect of all Assembly divisions pursuant to writs issued under section 63 of theElectoral Act 2004 ;
Assembly Member means a person who is a member of the Assembly;
associated entity means –
(a) an incorporated, or unincorporated, body of persons that is controlled by one or more registered parties; and
(b) an incorporated, or unincorporated, body of persons that operates wholly, or to a significant extent, for the benefit of one or more registered parties; and
(c) an incorporated, or unincorporated, body of persons that is a financial member of a registered party; and
(d) an incorporated, or unincorporated, body of persons on whose behalf another person is a financial member of a registered party; and
(e) an incorporated, or unincorporated, body of persons that has voting rights in a registered party; and
(f) an incorporated, or unincorporated, body of persons on whose behalf another person has voting rights in a registered party;
auditor means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth;
campaign account means a campaign account kept in accordance with Part 9 ;
Commission website means a website, maintained by the Commission, that is ordinarily available for viewing by members of the public;
Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth;
Commonwealth roll means the roll of the electors for the State of Tasmania required by section 81 of the Commonwealth Act;
Council means the Legislative Council of the Parliament of Tasmania;
Council by-election means an election to elect a Council Member in respect of a Council division pursuant to a writ issued under section 66 of theElectoral Act 2004 ;
Council candidate means a person who is a candidate in relation to a Council election;
Council division means a division, determined in accordance with the Constitution Act 1934 , for the return of a Council Member to represent the electors of that division in the Council;
Council election means –
(a) a Council periodic election; and
(b) a Council by-election;
Council election campaign return means a Council election campaign return lodged with the Commission under section 84 ;
Council election expenditure has the meaning it has in section 80 ;
Council Member means a person who is a member of the Council;
Council periodic election means an election held, or to be held, to elect a Council Member in respect of a Council division pursuant to a writ issued under section 65 of theElectoral Act 2004 ;
credit card means –
(a) any article of a kind commonly known as a credit card; or
(b) 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 a business commonly issue to their customers, or prospective customers, for use in obtaining goods or services from those persons on credit;
disclosure period end day, in relation to an election, means –
(a) if a poll is required to be conducted in relation to the election and the election is part of an Assembly general election – the day that is 30 days after the polling day for the election; or
(b) if a poll is required to be conducted in relation to the election and the election is an Assembly by-election – the day that is 30 days after the polling day for the Assembly by-election; or
(c) if a poll is required to be conducted in relation to the election and the election is a Council periodic election or a Council by-election – the day that is 30 days after the polling day for the Council periodic election, or Council by-election, respectively; or
(d) if section 88 of theElectoral Act 2004 applies in relation to the election and the election is a Council election or an Assembly election – the day that is 30 days after a candidate in relation to the election is publicly declared to be duly elected as a Member for a division to which the election relates;
disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes the following:
(a) any conveyance, transfer, assignment, settlement, delivery, payment, or other alienation, of money;
(b) the allotment of shares in a company;
(c) the creation of a trust in property;
(d) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
(e) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract, chose in action or interest in property;
(f) the exercise by a person of a special or general power of appointment of property in favour of any other person (or a hybrid of both powers);
(g) any transaction entered into by any person with intent 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 means an Assembly division or a Council division;
donation declaration means a donation declaration lodged under section 49 ;
donor means a person who makes a political donation;
election means an Assembly election or a Council election;
Election Campaigns Fund means the Election Campaigns Fund established under section 131 ;
election campaign period means –
(a) in relation to an Assembly general election – the period beginning on whichever is the earlier of the following days:
(i) the day that is 6 months before the last day by which, in accordance with the Constitution Act 1934 , such an election must be held;
(ii) the day on which the dissolution of the Assembly, by virtue of which the Assembly general election is required to be held, occurs –
and ending on the disclosure period end day in relation to the election; and
(b) in relation to an Assembly by-election – the period beginning on the day on which a writ for the holding of the by-election is issued and ending on the disclosure period end day in relation to the election; and
(c) in relation to a Council periodic election – the period beginning on 1 January of the year in which the election is to be held and ending on the disclosure period end day in relation to the election; and
(d) in relation to a Council by-election – the period beginning on the day on which the seat of the Council Member to which the by-election relates becomes vacant and ending on the disclosure period end day in relation to the election;
federal account means an account in relation to which –
(a) the only amounts deposited into the account are amounts to be used only for a federal purpose; and
(b) the only amounts withdrawn or transferred from the account are amounts –
(i) withdrawn or transferred for a federal purpose; or
(ii) transferred to another federal account;
federal campaign account means a federal account maintained for the purposes of an election campaign under the Commonwealth Act;
federal party means a registered party that has –
(a) a federal branch; and
(b) 2 or more State branches that are registered parties or that are registered political parties, within the meaning of the Commonwealth Act;
federal purpose means the purpose of incurring electoral expenditure, or creating or communicating electoral matter, for the purposes of an election under the Commonwealth Act;
financial institution means a body corporate that carries on a business that consists of, or includes, the provision of financial services, or financial products, and that is one of the following:
(a) an authorised deposit-taking institution;
(b) a person prescribed, or a member of a class of persons that is prescribed, for the purposes of this paragraph, by the regulations;
financial member of a registered party means a person who is a member of a registered party and who has paid a party subscription to the registered party for that purpose;
financial year means the period of 12 months beginning on 1 July of a year;
foreign donor means –
(a) a body politic of a foreign country; and
(b) a body politic of a part of a foreign country; and
(c) a part of a body politic referred to in paragraph (a) or (b); and
(d) a foreign public enterprise; and
(e) a person that does not meet one or more of the following conditions:
(i) the person is incorporated in Australia;
(ii) the person’s head office is in Australia;
(iii) the person’s principal place of activity is, or is in, Australia; and
(f) a natural person who is not one or more 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 of the Commonwealth, or, if that Subclass ceases to exist, the kind of visa that replaces that visa;
foreign public enterprise has the meaning given by section 70.1 of the Criminal Code set out in the Criminal Code Act 1995 of the Commonwealth;
formal first preference, in relation to a vote recorded for a candidate at an election, means the recording of the number "1" in the box next to the candidate's name on a ballot paper, used at the election, that is not informal under section 103 of theElectoral Act 2004 ;
guidelines means guidelines issued by the Commission under section 173 ;
independent Assembly candidate means an Assembly candidate who is not endorsed by a registered party;
independent Assembly Member means an Assembly member who is not endorsed by a registered party;
inspector means a person who is, under section 158 , an inspector;
intending candidate means a person who has publicly declared his or her intention to become a candidate in relation to an election;
interest in property means any estate, interest, right or power of any kind, whether at law or in equity, in, under or over property;
loan means any of the following:
(a) an advance of money;
(b) a provision of credit or any other form of financial accommodation;
(c) a payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount;
(d) a transaction (whatever its terms or form) which in substance effects a loan of money;
Member means an Assembly Member or a Council Member;
minor payment means a payment of an amount of electoral expenditure of less than $50;
officer, in relation to a registered party, means a person who is occupying or acting in an office or position concerned with the management of the registered party;
official agent, in relation to a person, means a person who is –
(a) the appointed official agent in relation to the person; or
(b) by virtue of section 116 , the official agent in relation to the person;
party means an incorporated, or unincorporated, body of persons that exists for political purposes, and includes any branch in Tasmania of such a body that is established outside Tasmania;
party agent, in relation to a registered party, means a person who is –
(a) an appointed party agent in relation to the registered party; or
(b) by virtue of section 109 , a party agent in relation to the registered party;
(a) an annual subscription of less than $1 000, or other subscription of less than $1 000 in total during a financial year, that is paid to a registered party for membership, or continuing membership, of the registered party; or
(b) an annual subscription of less than $1 000, or other subscription of less than $1 000 in total during a financial year, that is paid to a registered party by a person (including an industrial organisation) for affiliation with the party;
(a) unless paragraph (b) applies to the election – the day, fixed or specified under section 67(1)(b) of theElectoral Act 2004 , on which polling for that election is to be held in the event of the election being contested; or
(b) if a later day, on which polling for the election is to be held in the event of the election being contested, is fixed under section 73 of theElectoral Act 2004 – that later day;
property includes money;
publish means publish by any means, and includes by publication on the internet;
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December;
registered means registered under this Act;
registered officer means a person whose name appears in the party register as the registered officer of a registered party;
registered party means a party, the name of which appears in the party register as a registered party;
registered party in relation to an associated entity means –
(a) the registered party, or registered parties, that control the associated entity; and
(b) the registered party for the benefit of which the associated entity operates wholly or to a significant extent; and
(c) the registered party of which the associated entity is a financial member; and
(d) the registered party of which a person is a financial member on behalf of the associated entity; and
(e) the registered party in which the associated entity has voting rights; and
(f) the registered party in relation to which another person has voting rights on behalf of the associated entity;
Register of Assembly Members means the Register of Assembly Members established under Division 2 of Part 10 ;
Register of Associated Entities means the Register of Associated Entities established under Division 5 of Part 10 ;
Register of Candidates means the Register of Candidates established under Division 1 of Part 10 ;
Register of Official Agents means the Register of Official Agents established under Division 4 of Part 10 ;
Register of Party Agents means the Register of Party Agents established under Division 3 of Part 10 ;
Register of Third-party Campaigners means the Register of Third-party Campaigners established under Division 6 of Part 10 ;
regulations means regulations under this Act;
relevant business number, in relation to a person, means –
(a) the Australian Business Number (ABN) in relation to the person; or
(b) any other number allocated or recognised by the Australian Securities and Investments Commission for the purposes of identifying the person;
relevant document or thing means a document (whether in writing, in electronic form or in another form), or a thing, held by or on behalf of, or that relates to –
(a) a registered party or former registered party; or
(b) a person who is or was a Member, candidate, intending candidate, third-party campaigner, associated entity, party agent or official agent;
(2) For the purposes of this Act, if a gift from a person to another person occurs by means of an electronic transfer of funds, the gift is taken to be made by the person, and received by the other person, on the day on which the funds are electronically received in the account of the other person.