New South Wales Consolidated Acts
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ELECTORAL FUNDING ACT 2018 - SECT 4
Definitions
(cf sections 4 and 84 EFED Act)
In this Act--
"Administration Fund" means the fund established under Division 2 of Part 5.
"agent" means a party agent or official agent.
"applicable cap on electoral expenditure" --see Division 4 of Part 3.
"applicable cap on political donations" --see Division 3 of Part 3.
"Assembly" means the Legislative Assembly of New South Wales.
"Assembly general election" means an election held for the return of members
of the Assembly pursuant to writs issued by the Governor upon the dissolution
or expiry of the Assembly.
"associated entity" means a corporation or another entity that operates solely
for the benefit of one or more registered parties or elected members.
"auditor" includes a person appointed to conduct an audit under section 59(3)
or 74(3).
"by-election" means--
(a) in relation to State elections--a by-election for
the Assembly, or
(b) in relation to local government elections--a by-election
for a councillor (including the mayor) of the council of a local government
area.
"candidate" , in relation to an election, means a person nominated as a
candidate at the election in accordance with the Electoral Act 2017 or in
accordance with the Local Government Act 1993 (as the case requires) and
includes a person applying for registration as, or registered as, a candidate
in the Register of Candidates for the election.
"capped expenditure period" means a capped local government expenditure period
or a capped State expenditure period.
"capped local government expenditure period" --see section 28.
"capped State expenditure period" --see section 27.
"Council" means the Legislative Council of New South Wales.
"day of nomination" , in relation to an election, means the day by which all
nominations in the election must be made.
"disposition of property" means any conveyance, transfer, assignment,
settlement, delivery, payment or other alienation of property, and includes--
(a) the allotment of shares in a company, and
(b) the creation of a trust in
property, and
(c) the grant or creation of any lease, mortgage, charge,
servitude, licence, power, partnership or interest in property, and
(d) the
release, discharge, surrender, forfeiture or abandonment, at law or in equity,
of any debt, contract or chose in action, or of any interest in property, and
(e) the exercise by a person of a special or general power of appointment of
property in favour of any other person (or a hybrid of both), and
(f) any
transaction entered into by any person with intent to diminish, directly or
indirectly, the value of the person's own property and to increase the value
of the property of any other person.
Note : Property includes money.
"donor" means a person who or an entity that makes a gift.
"elected member" means-- (a) a member of Parliament, or
(b) a councillor
(including the mayor) of the council of a local government area,
and includes
a person who, during any period after ceasing to be a member of Parliament or
a councillor, is entitled to remuneration as such a member or councillor.
"election" means a State election or a local government election.
"Election Campaigns Fund" means the fund established under Division 2 of Part
4.
"election day" means the day appointed for the taking of the polls at the
election.
"Electoral Commission" means the New South Wales Electoral Commission
constituted under the Electoral Act 2017 .
"Electoral Commissioner" means the person for the time being holding or acting
in the office of Electoral Commissioner under the Electoral Act 2017 .
"electoral district" means a district for the election of a member to serve in
the Assembly.
"electoral expenditure" --see section 7.
"endorsed" , in relation to a party, means endorsed, selected or otherwise
accredited to stand as a representative of the party.
"entity" means-- (a) an incorporated or unincorporated body, or
(b) the
trustee of a trust.
"expenditure" includes any disposition of property.
"financial year" , subject to section 136 (Financial year of the
Electoral Commission), means the period of 12 months commencing on 1 July.
"first preference votes" means the first preference votes recorded for a
candidate that are not rejected as informal at the election.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"general election" means-- (a) in relation to State elections--an
Assembly general election and a periodic Council election held or to be held
concurrently, or
(b) in relation to local government elections--a
local government election other than a by-election.
"gift" means any disposition of property made by a person to another person,
otherwise than by will, being a disposition made without consideration in
money or money's worth or with inadequate consideration, and includes the
provision of a service for no consideration or for inadequate consideration,
other than-- (a) the provision of voluntary labour, and
(b) the provision of
voluntary professional services to a party by an officer or an elected member
of the party.
"group" means-- (a) in relation to State elections--a group of candidates, or
part of a group of candidates, for a periodic Council election, or
(b) in
relation to local government elections--a group of candidates, or part of a
group of candidates, for a local government election.
"half-year" means a period of 6 months ending on 30 June or 31 December.
"inspector" means a person appointed by the Electoral Commission under
section 139.
"interest in property" means any estate, interest, right or power whatever,
whether at law or in equity, in, under or over any property.
"local government election" means an election under the
Local Government Act 1993 for the office of councillor or mayor under that Act
(other than an election of mayor by councillors).
"major political donor" means an entity or other person (not being a party,
elected member, group or candidate) who makes a reportable political donation.
"New Parties Fund" means the fund established under Division 3 of Part 5.
"officer" , in relation to a party, means a person who is occupying or acting
in an office or position concerned with the management of the party.
"official agent" means-- (a) in relation to an associated entity or a
third-party campaigner for whom an official agent, appointed by the entity or
campaigner under Division 6 of Part 7, is registered in the Register of
Official Agents--that official agent, or
(b) in any other case--a person
(including the associated entity or third-party campaigner concerned)
designated by the Electoral Commission.
"Parliament" means the Parliament of New South Wales.
"party" means a body or organisation, incorporated or unincorporated, having
as one of its objects or activities the promotion of the election to
Parliament or a local council of a candidate or candidates endorsed by it or
by a body or organisation of which it forms a part.
"party agent" means-- (a) a party agent appointed under Division 5 of Part 7,
and
(b) in relation to a group where some of the candidates in the group are
members of one registered party and other candidates in the group are members
of another registered party--the party agent of one of those parties as
designated by those candidates.
"payment" includes a loan, advance or deposit.
"periodic Council election" has the same meaning as it has in section 3 of the
Constitution Act 1902 .
"political donation" --see section 5.
"property" includes money.
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September
or 31 December.
"registered" , except in the case of a party, means registered in accordance
with this Act.
"registered party" means a party registered under the Electoral Act 2017 .
"relevant disclosure period" --see section 13.
"reportable political donation" --see section 6.
"senior office holder" , of a party, means a person involved in the management
or control of the party or the operations of the party.
"State election" means an Assembly general election, a
periodic Council election or a by-election for the Assembly.
"third-party campaigner" means the following-- (a) for a State election--a
person or another entity (not being an associated entity, party,
elected member, group or candidate) who incurs electoral expenditure for a
State election during a capped State expenditure period that exceeds $2,000 in
total,
(b) for a local government election--a person or another entity (not
being an associated entity, party, elected member, group or candidate) who
incurs electoral expenditure for a local government election during a
capped local government expenditure period that exceeds $2,000 in total,
(c)
a registered third-party campaigner for an election for which it is
registered.
Note : The Interpretation Act 1987 contains definitions and
other provisions that affect the interpretation and application of this Act.
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