9Miscellaneous interpretative provisions

9 Miscellaneous interpretative provisions

9 Miscellaneous interpretative provisions

(cf sections 4 and 84 EFED Act)

(1) Parts of parties (such as branches, groups, subdivisions, controlled entities) For the purposes of this Act, where anything is done by, on behalf of or for the benefit of, or any property is held by, or in trust for, or for the members of, a body or organisation, incorporated or unincorporated, being a body or organisation that—

(a) forms part of a party, or

(b) is established by or under the constitution of a party, or

(c) has functions conferred by or under the constitution of a party, or

(d) is controlled (within the meaning of section 50AA of the Corporations Act 2001 of the Commonwealth) by a party,

the thing is taken to be done by, on behalf of or for the benefit of that party or the property is taken to be held by that party, as the case may be.

(2) Proposed candidates accepting gifts An individual who, or a group of individuals that, accepts a gift for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election is taken to be a candidate or group when accepting the gift.

Note.

Section 38(3) makes it unlawful for any such political donations to be accepted unless the individual or group is registered as a candidate or group under this Act.

(3) Proposed candidates making payments for electoral expenditure An individual who, or a group of individuals that, makes a payment for electoral expenditure for the election of the individual or individuals at a future election is taken to be a candidate or group when making the payment. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection.

Note.

Section 39(4) makes it unlawful for any such electoral expenditure to be incurred unless the individual or group is registered as a candidate or group under this Act.

(4) End of period of candidature For Part 3—

(a) a person who is a candidate in an election, or

(b) a group of candidates in an election,

is taken to remain a candidate or group for 30 days after the election day for the election.