Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 112D

112D Associated entity to be treated as part of candidate

(1) If a candidate in an election has an associated entity, divisions 4 and 5 apply as if—

(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.

Note—

See also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.

(2) An entity is an
"associated entity" of a candidate in an election if the entity—

(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.

(3) However, an
"associated entity" of a candidate in an election does not include an entity if—

(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

(b) the candidate is 1 of the candidates endorsed by the party for the election.

(4) Also, an
"associated entity" of a candidate in an election does not include an entity if—

(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

(b) the candidate is a member of the group.

(5) Further, an
"associated entity" of a candidate in an election does not include—

(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.

(6) In this section—

"endorsed candidates" , of a registered political party that endorses a candidate in an election, see section 112C (4) .