South Australian Current Acts South Australian Current Acts (1) In this Part,
unless the contrary intention appears—
"administrative expenditure" means expenditure relating to the administration
and operation of a registered political party;
"agent" means a person appointed under Division 2;
"applicable expenditure cap"—see section 130Z;
"associated entity" means—
(a) an
entity that is controlled by 1 or more registered political parties; or
(b) an
entity that operates wholly, or to a significant extent, for the benefit of
1 or more registered political parties; or
(c) an
entity that is a financial member of a registered political party; or
(d) an
entity on whose behalf another person is a financial member of a
registered political party; or
(e) an
entity that has voting rights in a registered political party; or
(f) an
entity on whose behalf another person has voting rights in a
registered political party;
"auditor" means a person who—
(a) has
the qualifications or experience prescribed for the purposes of this
definition; and
(b) is
not, and has not been within the period of 10 years immediately before
acting as an auditor for the purposes of this Part, a member of a
registered political party;
"capped expenditure period" means—
(a) in
the case of a general election—the period commencing at the start of the
financial year in which polling day for the election is to occur and ending
30 days after that polling day; or
(b) in
the case of any other election—the period commencing on the day on which
the vacancy giving rise to the election is announced in the House of Assembly
by, or on behalf of, the Speaker and ending 30 days after polling day for
that election;
"CPI" means the Consumer Price Index (All groups index for Adelaide);
"designated period" means—
(a) in
the case of a general election—the period commencing on 1 January
in the year in which the election is to be held and ending 30 days after
polling day for that election; or
(b) in
the case of any other election—the period commencing on the day on which
the vacancy giving rise to the election is announced in the House of Assembly
by, or on behalf of, the Speaker and ending 30 days after polling day for
that election;
"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, easement, 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 general power of appointment of property in favour
of any other person; and
(f) any
transaction entered into by any person with intent thereby 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;
"election" means an election of members of the Legislative Council or an
election of a member of the House of Assembly;
"entity" means—
(a) an
incorporated or unincorporated body; or
(b) the
trustee of a trust;
"financial controller", in relation to an entity, means—
(a) if
the entity is a company—the secretary of the company; or
(b) if
the entity is the trustee of a trust—the trustee; or
(c) in
other cases—the person responsible for maintaining the financial records
of the entity;
"financial member", in relation to a registered political party, means a
person—
(a) who
pays an annual subscription to the party; or
(b) who
is defined by the party's constitution, or treated by the party, as a
financial member;
"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 (other than volunteer labour) for no consideration or
for inadequate consideration, but does not include—
(a) an
annual subscription or compulsory levy paid to a political party by a person
in respect of the person's membership of the party; or
(b) a
payment under Division 4 or Division 5; or
(c) a
disposition of a prescribed kind;
"GST" means the tax payable under the GST law;
"GST law" means—
(a)
A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and
(b) the
related legislation of the Commonwealth dealing with the imposition of a tax
on the supply of goods, services and other things;
"journal" means a newspaper, magazine or other periodical;
"person to whom Division 6 applies"—see section 130X;
"political expenditure" means expenditure incurred—
(a) for
the purposes of the public expression of views on a political party, a
candidate in an election or a member of the House of Assembly or the
Legislative Council by any means; or
(b) for
the purposes of the public expression of views on an issue in an election by
any means; or
(c) for
the purposes of the production of any political material (not being material
referred to in paragraph (a) or (b)) that is required under
section 112, 115A or 116 to include the name and address of the author of
the material or of the person who takes responsibility for the publication or
authorisation of the material (as the case requires); or
(d) for
the purposes of the carrying out of an opinion poll, or other research,
relating to an election or the voting intentions of electors; or
(e) for
any other prescribed purpose,
and includes expenditure of a prescribed kind, but does not include—
(f)
expenditure that is a GST payment; or
(g)
expenditure of an electorate allowance or another allowance, expense or
benefit (as determined by the Remuneration Tribunal) under
section 4(1)(c) of the Parliamentary Remuneration Act 1990 ; or
(h)
administrative expenditure; or
(i)
expenditure of an allowance or benefit of a kind
contemplated under section 6A(1) of the
Parliamentary Remuneration Act 1990 ; or
(j)
expenditure of a prescribed kind;
"property" includes money;
"registered industrial organisation" means an organisation registered under
the Fair Work Act 1994 or under a law of the Commonwealth or another
State or a Territory concerning the registration of industrial organisations;
"relevant entity" means any of the following:
(a) a
registered political party;
(b) an
associated entity;
(c) a
third party;
"State campaign account"—see Division 3;
"third party" means a person, other than—
(a) a
member of the House of Assembly or Legislative Council; or
(b) the
Crown (including a public sector agency (within the meaning of the
Public Sector Act 2009 )); or
(c) a
registered political party, group or candidate; or
(d) a
person engaged in a broadcasting service (within the meaning of the
Broadcasting Services Act 1992 of the Commonwealth) or a datacasting
service; or
(e) the
publisher of a journal (including a journal published in electronic form on
the Internet),
who—
(f)
incurs or intends to incur more than $10 000 in political expenditure
during the designated period in relation to an election; or
(g)
incurred more than $10 000 in political expenditure during the
designated period in relation to the last preceding general election (other
than where the last preceding general election was the first general election
occurring after the commencement of section 4 of the Electoral (Funding,
Expenditure and Disclosure) Amendment Act 2013 ).
(1a) For the purposes
of this Part, if the disclosure period for a return required to be furnished
under this Part by a candidate or group has not commenced, a requirement in
this Part that a return be furnished at a prescribed time during a
designated period is not to be taken to require the furnishing of a return by
the candidate or group at that prescribed time.
(2) For the purposes
of this Part, the amount or value of a gift consisting of, or including, a
disposition of property other than money will, if the regulations so provide,
be determined in accordance with principles set out or referred to in the
regulations.
(3) For the purposes
of this Part—
(a) a
body corporate and any other body corporate that is related to the
first-mentioned body corporate is to be taken to be the same person; and
(b) the
question whether a body corporate is related to another body corporate will be
determined in the same manner as the question whether a corporation is related
to another corporation is determined under the Corporations Act 2001 of
the Commonwealth.
(4) For the purposes
of this Part, a reference to person includes a reference to an unincorporated
association.
(5) For the purposes
of this Part—
(a) a
gift or loan made to a candidate who is a member of a group is made to the
group (and not to the candidate) if it is made to the candidate for the
benefit of all members of the group; and
(b) a
gift or loan made to a group all of whose members are endorsed as candidates
by the same registered political party is to be treated as a gift or loan made
to the party (and not to the group); and
(c) a
gift or loan made to a candidate who is endorsed as a candidate by a
registered political party and who is not a member of a group is to be treated
as a gift or loan made to the party (and not to the candidate).
(6) Subject to
subsection (6a), for the purposes of this Part, political expenditure is
taken to be incurred when the services for which the expenditure is incurred
are actually provided or the goods for which the expenditure is incurred are
actually delivered.
(6a) Political
expenditure on electoral matter in relation to a candidate or group for
election that is incurred—
(a)
after polling day for the last preceding general election and before the
commencement of the capped expenditure period for the election; and
(b) for
the primary purpose of publication, use or display of that electoral matter
during the capped expenditure period,
will be taken to have been incurred during the capped expenditure period.
(7) For the purposes
of this Part, a campaign committee appointed or formed to assist the campaign
of a candidate or group in an election is, if the candidate is endorsed as a
candidate by a registered political party, or all members of the group are
endorsed as candidates by the same registered political party, to be treated
as a part of the party.
(8) For the purposes
of this Part, if a monetary amount is followed by the
word ("indexed"), the amount is to be adjusted on 1 July of each
financial year by multiplying the stated amount by a proportion obtained by
dividing the CPI for the March quarter of the immediately preceding financial
year by the CPI for the March quarter 2014 with the amount so adjusted being
rounded up to—
(a) in
the case of an amount referred to in section 130P—the nearest whole
cent; or
(b) in
any other case—the nearest whole number.