Australian Capital Territory Numbered Acts

ELECTORAL AMENDMENT ACT 2020 (NO. 51 OF 2020) - SECT 14

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Part 33     Transitional—Electoral Amendment Act 2020

517     Transitional—gifts from property developers in pre-commencement period

    (1)     This section applies if—

        (a)     after the day the election, due to be held in October 2020, happens and before 1 July 2021, a political entity accepts a gift made by, or on behalf of, a property developer or a close associate of a property developer; and

        (b)     the gift is not returned to the giver within 30 days after its receipt; and

        (c)     either—

              (i)     at the time the gift is given, the property developer, or a close associate of the property developer, has made 1 or more relevant planning applications that have not been decided; or

              (ii)     in the 7-year period before the gift is given, the property developer, or a close associate of the property developer, has made 3 or more relevant planning applications.

    (2)     The financial representative of the political entity must pay to the Territory an amount equal to the amount of the gift.

    (3)     The amount payable under subsection (2) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction.

    (4)     In this section:

"close associate", of a property developer—see section 222D.

"decided"—see section 222B.

"gift"—see section 222B.

"financial representative"—see section 198.

"make", a relevant planning application—see section 222B.

"political entity"—see section 222B.

"property developer"—see section 222C.

"relevant planning application"—see section 222E.

518     Transitional regulations

A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Electoral Amendment Act 2020 .

519     Expiry—pt 33

This part expires 3 months after the day it commences.

Note     Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).