New South Wales Consolidated Acts

ELECTORAL FUNDING ACT 2018 - SECT 53

53 Meaning of "property developer", "tobacco industry business entity" and "liquor or gambling industry business entity"

(cf section 96GB EFED Act)

(1) Each of the following persons is a
"property developer" for the purposes of this Division--

(a) an individual or a corporation if--

(i) the individual or a corporation carries on a business mainly concerned with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, and

(ii) in the course of that business--

(A) 1 relevant planning application has been made by or on behalf of the individual or corporation and is pending, or

(B) 3 or more relevant planning applications made by or on behalf of the individual or corporation have been determined within the preceding 7 years,

(b) a person who is a close associate of an individual or a corporation referred to in paragraph (a).

Note--: If a person makes a political donation within 12 months before becoming a property developer, the person must pay double that amount to the State--see section 58(3).

(2) Any activity engaged in by an individual or corporation for the dominant purpose of providing commercial premises at which the individual or corporation, or a related body corporate of the corporation, will carry on business is to be disregarded for the purpose of determining whether the individual or corporation is a property developer unless that business involves the sale or leasing of a substantial part of the premises.

(3) Each of the following persons is a
"tobacco industry business entity" --

(a) a corporation engaged in a business undertaking that is mainly concerned with the manufacture or sale of tobacco products,

(b) a person who is a close associate of a corporation referred to in paragraph (a).

(4) Each of the following persons is a
"liquor or gambling industry business entity" --

(a) a corporation engaged in a business undertaking that is mainly concerned with either or a combination of the following, but only if it is for the ultimate purpose of making a profit--

(i) the manufacture or sale of liquor products,

(ii) wagering, betting or other gambling (including the manufacture of machines used primarily for that purpose),

(b) a person who is a close associate of a corporation referred to in paragraph (a),

(c) a registered club within the meaning of the Registered Clubs Act 1976 , if the business undertaken by the registered club includes wagering, betting or other gambling,

(d) a person who, for a registered club referred to in paragraph (c), is--

(i) the secretary of the registered club, or

(ii) a member of the governing body of the registered club, or

(iii) the spouse of the secretary or member of the governing body, or

(iv) a close associate of the registered club.

(5) In this section--

"close associate" of a corporation means each of the following--

(a) a director or officer of the corporation or the spouse of such a director or officer,

(b) a related body corporate of the corporation,

(c) a person whose voting power in the corporation or a related body corporate of the corporation is greater than 20% or the spouse of such a person,

(d) 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 that stapled security,

(e) if the corporation is a trustee, manager or responsible entity in relation to a trust--a person who holds more than 20% of the units in the trust (in the case of a unit trust) or is a beneficiary of the trust (in the case of a discretionary trust),

(f) in relation to a corporation that is a property developer referred to in subsection (1)(a)--a person in a joint venture or partnership with the property developer in connection with a relevant planning application made by or on behalf of the property developer who is likely to obtain a financial gain if development that would be or is authorised by the application is authorised or carried out.

"close associate" of an individual means each of the following--

(a) the spouse of the individual,

(b) in relation to an individual who is a property developer referred to in subsection (1)(a)--a person in a joint venture or partnership with the property developer in connection with a relevant planning application made by or on behalf of the property developer who is likely to obtain a financial gain if development that would be or is authorised by the application is authorised or carried out.

"officer" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"related body corporate" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"relevant planning application" has the same meaning as in section 10.4 (Disclosure of political donations and gifts) of the Environmental Planning and Assessment Act 1979 .

"spouse" of a person includes a de facto partner of that person.

Note--: "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"stapled entity" means an entity the interests in which are traded along with the interests in another entity as stapled securities and (in the case of a stapled entity that is a trust) includes any trustee, manager or responsible entity in relation to the trust.

"voting power" has the same meaning as in the Corporations Act 2001 of the Commonwealth.