Section 53 - Electoral Funding Act 2018 - Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity”

53Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity”

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53 Meaning of “property developer”, “tobacco industry business entity” and “liquor or gambling industry business entity”

(cf section 96GB EFED Act)

(1) Each of the following persons is a property developer for the purposes of this Division—

(a) an individual or a corporation if—

(i) the individual or a corporation carries on a business mainly concerned with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, and

(ii) in the course of that business—

(A) 1 relevant planning application has been made by or on behalf of the individual or corporation and is pending, or

(B) 3 or more relevant planning applications made by or on behalf of the individual or corporation have been determined within the preceding 7 years,

(b) a person who is a close associate of an individual or a corporation referred to in paragraph (a).

Note.

If a person makes a political donation within 12 months before becoming a property developer, the person must pay double that amount to the State—see section 58(3).

(2) Any activity engaged in by an individual or corporation for the dominant purpose of providing commercial premises at which the individual or corporation, or a related body corporate of the corporation, will carry on business is to be disregarded for the purpose of determining whether the individual or corporation is a property developer unless that business involves the sale or leasing of a substantial part of the premises.

(3) Each of the following persons is a tobacco industry business entity—

(a) a corporation engaged in a business undertaking that is mainly concerned with the manufacture or sale of tobacco products,

(b) a person who is a close associate of a corporation referred to in paragraph (a).

(4) Each of the following persons is a liquor or gambling industry business entity—

(a) a corporation engaged in a business undertaking that is mainly concerned with either or a combination of the following, but only if it is for the ultimate purpose of making a profit—