Australian Capital Territory Consolidated Acts

ELECTORAL ACT 1992 - SECT 198

In this part:

"amount" includes value.

"associated entity" means an entity that—

        (a)     is controlled by 1 or more parties or MLAs; or

        (b)     operates, completely or to a significant extent, for the benefit of 1 or more registered parties or MLAs.

"disclosure period"—see section 201.

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 thing 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)     a transaction entered into by a 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.

"eligible vote", in relation to an election, means a first preference recorded on a formal ballot paper in the election.

"entity" means—

        (a)     an incorporated or unincorporated body; or

        (b)     a trustee of a trust.

"financial controller", in relation to an associated 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 any other case—the person responsible for maintaining the financial records of the entity.

gift means a disposition of property made by a person to another person, 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)     a disposition of property under a will; or

        (b)     a payment under division 14.3; or

        (c)     an annual subscription paid to a party by a person in relation to the person's membership of the party; or

        (d)     for division 14.4 (Disclosure of donations) and in relation to a candidate—a gift made to or received by the candidate for the benefit of a party of which the candidate is a member.

"party" means a registered party.

property includes money.

"register" means—

        (a)     in relation to a reporting agent appointed by a party or MLA—the register of party and MLA reporting agents kept under section 205 (1); or

        (b)     in relation to a reporting agent appointed by a candidate—the register of candidate reporting agents kept under section 205 (2).

registered industrial organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth) or under a law of a State or another Territory providing for the registration of industrial organisations.

"reporting agent", for a party, MLA or candidate, means—

        (a)     a person appointed by the party, MLA or candidate under section 203 (Appointed agents) and whose registration under section 205 (Registers of reporting agents) has not been cancelled; or

        (b)     the person taken to be the reporting agent for the party, MLA or candidate under section 204 (Non-appointed agents).