QLDIn ForceAct
Local Government Electoral Act 2011
sec.112DAssociated entity to be treated as part of candidate
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### sec.112D Associated entity to be treated as part of candidate
If a candidate in an election has an associated entity, divisions 4 and 5 apply as if—
the associated entity and the candidate together constituted the candidate; and
a reference to the candidate included a reference to the associated entity; and
a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and
the dedicated account of the candidate were the dedicated account of the associated entity; and
electoral expenditure incurred by or for the associated entity were incurred by or for the candidate.
See also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.
An entity is an associated entity of a candidate in an election if the entity—
is controlled by the candidate in relation to the election; or
operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or
operates for the dominant purpose of promoting the candidate in the election.
However, an associated entity of a candidate in an election does not include an entity if—
the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity—
is controlled by endorsed candidates of the party; or
operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or
operates for the dominant purpose of promoting endorsed candidates of the party; and
the candidate is 1 of the candidates endorsed by the party for the election.
Also, an associated entity of a candidate in an election does not include an entity if—
the entity is an associated entity of a group of candidates under section 112E because the entity—
is controlled by the group; or
operates wholly or to a significant extent for the benefit of the group; or
operates for the dominant purpose of promoting the group; and
the candidate is a member of the group.
Further, an associated entity of a candidate in an election does not include—
for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or
for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or
a committee formed to help the candidate’s election campaign in the election.
In this section—
endorsed candidates , of a registered political party that endorses a candidate in an election, see section 112C (4) .
s 112D ins 2023 No. 8 s 26
(sec.112D-ssec.1) If a candidate in an election has an associated entity, divisions 4 and 5 apply as if— the associated entity and the candidate together constituted the candidate; and a reference to the candidate included a reference to the associated entity; and a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and the dedicated account of the candidate were the dedicated account of the associated entity; and electoral expenditure incurred by or for the associated entity were incurred by or for the candidate. See also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.
(sec.112D-ssec.2) An entity is an associated entity of a candidate in an election if the entity— is controlled by the candidate in relation to the election; or operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or operates for the dominant purpose of promoting the candidate in the election.
(sec.112D-ssec.3) However, an associated entity of a candidate in an election does not include an entity if— the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity— is controlled by endorsed candidates of the party; or operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or operates for the dominant purpose of promoting endorsed candidates of the party; and the candidate is 1 of the candidates endorsed by the party for the election.
(sec.112D-ssec.4) Also, an associated entity of a candidate in an election does not include an entity if— the entity is an associated entity of a group of candidates under section 112E because the entity— is controlled by the group; or operates wholly or to a significant extent for the benefit of the group; or operates for the dominant purpose of promoting the group; and the candidate is a member of the group.
(sec.112D-ssec.5) Further, an associated entity of a candidate in an election does not include— for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or a committee formed to help the candidate’s election campaign in the election.
(sec.112D-ssec.6) In this section— endorsed candidates , of a registered political party that endorses a candidate in an election, see section 112C (4) .
- (a) the associated entity and the candidate together constituted the candidate; and
- (b) a reference to the candidate included a reference to the associated entity; and
- (c) a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and
- (d) the dedicated account of the candidate were the dedicated account of the associated entity; and
- (e) electoral expenditure incurred by or for the associated entity were incurred by or for the candidate.
- (a) is controlled by the candidate in relation to the election; or
- (b) operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or
- (c) operates for the dominant purpose of promoting the candidate in the election.
- (a) the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity— (i) is controlled by endorsed candidates of the party; or (ii) operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or (iii) operates for the dominant purpose of promoting endorsed candidates of the party; and
- (i) is controlled by endorsed candidates of the party; or
- (ii) operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or
- (iii) operates for the dominant purpose of promoting endorsed candidates of the party; and
- (b) the candidate is 1 of the candidates endorsed by the party for the election.
- (i) is controlled by endorsed candidates of the party; or
- (ii) operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or
- (iii) operates for the dominant purpose of promoting endorsed candidates of the party; and
- (a) the entity is an associated entity of a group of candidates under section 112E because the entity— (i) is controlled by the group; or (ii) operates wholly or to a significant extent for the benefit of the group; or (iii) operates for the dominant purpose of promoting the group; and
- (i) is controlled by the group; or
- (ii) operates wholly or to a significant extent for the benefit of the group; or
- (iii) operates for the dominant purpose of promoting the group; and
- (b) the candidate is a member of the group.
- (i) is controlled by the group; or
- (ii) operates wholly or to a significant extent for the benefit of the group; or
- (iii) operates for the dominant purpose of promoting the group; and
- (a) for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or
- (b) for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or
- (c) a committee formed to help the candidate’s election campaign in the election.