sec.113Meaning of prohibited donor

### sec.113 Meaning of prohibited donor For this division, prohibited donor — means— a property developer; or an industry representative organisation, a majority of whose members are property developers; but does not include an entity for whom a determination is in effect under section 113D . See section 194C (4) in relation to the non-effect of a determination in particular circumstances. For subsection (1) (a) , each of the following persons is a property developer — a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation— in connection with the residential or commercial development of land; and with the ultimate purpose of the sale or lease of the land for profit; a close associate of a corporation mentioned in paragraph (a) . For deciding whether a corporation is a corporation mentioned in subsection (2) (a) , any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises. In this section— close associate , of a corporation, means any of the following persons— a related body corporate of the corporation; a director or other officer of the corporation; a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation; a spouse of an individual mentioned in paragraph (b) or (c) ; if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security; if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust; if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust. director , of a corporation, see the Corporations Act , section 9 . officer , of a corporation, see the Corporations Act , section 9 . related body corporate , of a corporation, see the Corporations Act , section 9 . relevant planning application means— an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act— the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; the imposition of, or change to, conditions on a coordinated project; the preparation or variation of a development scheme; or an application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act— a priority development area or provisional priority development area; a development scheme, interim land use plan, or PDA-associated development for a priority development area; a provisional land use plan or PDA-associated development for a provisional priority development area; or an application or request of a type prescribed by regulation to be a relevant planning application. stapled entity — means an entity the interests in which are traded along with the interests in another entity as stapled securities; and for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust. voting power see the Corporations Act , section 610 . s 113 prev s 113 om 2014 No. 44 s 76 pres s 113 ins 2018 No. 9 s 30 (sec.113-ssec.1) For this division, prohibited donor — means— a property developer; or an industry representative organisation, a majority of whose members are property developers; but does not include an entity for whom a determination is in effect under section 113D . See section 194C (4) in relation to the non-effect of a determination in particular circumstances. (sec.113-ssec.2) For subsection (1) (a) , each of the following persons is a property developer — a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation— in connection with the residential or commercial development of land; and with the ultimate purpose of the sale or lease of the land for profit; a close associate of a corporation mentioned in paragraph (a) . (sec.113-ssec.3) For deciding whether a corporation is a corporation mentioned in subsection (2) (a) , any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises. (sec.113-ssec.4) In this section— close associate , of a corporation, means any of the following persons— a related body corporate of the corporation; a director or other officer of the corporation; a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation; a spouse of an individual mentioned in paragraph (b) or (c) ; if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security; if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust; if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust. director , of a corporation, see the Corporations Act , section 9 . officer , of a corporation, see the Corporations Act , section 9 . related body corporate , of a corporation, see the Corporations Act , section 9 . relevant planning application means— an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act— the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; the imposition of, or change to, conditions on a coordinated project; the preparation or variation of a development scheme; or an application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act— a priority development area or provisional priority development area; a development scheme, interim land use plan, or PDA-associated development for a priority development area; a provisional land use plan or PDA-associated development for a provisional priority development area; or an application or request of a type prescribed by regulation to be a relevant planning application. stapled entity — means an entity the interests in which are traded along with the interests in another entity as stapled securities; and for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust. voting power see the Corporations Act , section 610 . - (a) means— (i) a property developer; or (ii) an industry representative organisation, a majority of whose members are property developers; but - (i) a property developer; or - (ii) an industry representative organisation, a majority of whose members are property developers; but - (b) does not include an entity for whom a determination is in effect under section 113D . Note— See section 194C (4) in relation to the non-effect of a determination in particular circumstances. - (i) a property developer; or - (ii) an industry representative organisation, a majority of whose members are property developers; but - (a) a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation— (i) in connection with the residential or commercial development of land; and (ii) with the ultimate purpose of the sale or lease of the land for profit; - (i) in connection with the residential or commercial development of land; and - (ii) with the ultimate purpose of the sale or lease of the land for profit; - (b) a close associate of a corporation mentioned in paragraph (a) . - (i) in connection with the residential or commercial development of land; and - (ii) with the ultimate purpose of the sale or lease of the land for profit; - (a) a related body corporate of the corporation; - (b) a director or other officer of the corporation; - (c) a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation; - (d) a spouse of an individual mentioned in paragraph (b) or (c) ; - (e) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security; - (f) if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust; - (g) if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust. - (a) an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or - (b) a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or - (c) an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or - (d) a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act— (i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; (ii) the imposition of, or change to, conditions on a coordinated project; (iii) the preparation or variation of a development scheme; or - (i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; - (ii) the imposition of, or change to, conditions on a coordinated project; - (iii) the preparation or variation of a development scheme; or - (e) an application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or - (f) a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act— (i) a priority development area or provisional priority development area; (ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area; (iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or - (i) a priority development area or provisional priority development area; - (ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area; - (iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or - (g) an application or request of a type prescribed by regulation to be a relevant planning application. - (i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; - (ii) the imposition of, or change to, conditions on a coordinated project; - (iii) the preparation or variation of a development scheme; or - (i) a priority development area or provisional priority development area; - (ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area; - (iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or - (a) means an entity the interests in which are traded along with the interests in another entity as stapled securities; and - (b) for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.