Glossary

Updated 20 Jul 2023

A gift that is made anonymously that is less than $1,000.

An entity that:

  • is controlled by one or more parties or MLAs; or
  • operates, completely or to a significant extent, for the benefit of one or more parties or MLAs.

The capped expenditure period commences on 1 January in an election year and ends on polling day for the election.

A close associate of a property developer is any of the following:

  1. a related body corporate;
  2. an officer of the corporation or a related body corporate;
  3. a person whose voting power in the corporation or a related body corporate is more than 20%;
  4. any domestic partner of a person mentioned in paragraph (b) or (c);
  5. if the corporation or a related body corporate is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;
  6. if the corporation is a trustee, manager or responsible entity in relation to a trust—
    1. for a unit trust—a person who holds more than 20% of the units in the trust; or
    2. for a discretionary trust—a person who is a beneficiary of the trust;
  7. any other person or body prescribed by regulation.

The disclosure period for a candidate is the period beginning on the 31st day after the previous election, if the candidate contested that election, or if not, the earlier of the date:

  • the candidate publicly announced he or she would be a candidate
  • the date the candidate was endorsed or pre-selected; or
  • the date the candidate is nominated as a candidate;

and ending on the 30th day after the relevant election.

The disclosure period for a third-party campaigner is the period beginning on the 31st day after the relevant election.

Electoral expenditure incurred in relation to the election falls within the following categories:

  • broadcasting electoral advertisements (including production costs);
  • publishing electoral advertisements in a news publication, including printed and electronic newspapers or periodicals (including production costs);
  • displaying electoral advertisements at a theatre or other place of entertainment (including production costs);
  • production of printed or electronic electoral matter requiring authorisation (for example, how-to-vote cards, posters, pamphlets and internet advertising);
  • producing, broadcasting, publishing or distributing electoral matter, other than material included in any of the above (such as direct mailing, including printing and postage, business cards promoting candidacy, T-shirts, badges and buttons, pens, pencils and balloons);
  • consultant’s or advertising agent’s fees in respect of services provided or material used relating to the election; and
  • opinion polling and other electoral research undertaken to support the production of electoral matter included in any of the above.
  • for a party grouping – the reporting agent of the party;
  • for a non-party MLA – the MLA;
  • for a non-party candidate grouping – the candidate;
  • for a non-party prospective candidate grouping – the prospective candidate;
  • for an associated entity – the entity’s financial controller; or
  • for a third party campaigner:
    • if the third party campaigner is an individual – the third party campaigner; or
    • in any other case – the managing director (however described) of the third party campaigner.

A payment made by a person or organisation as a contribution, entry fee or other payment to entitle the person or another person to participate in or gain a benefit from a fundraising event, and includes an amount paid for:

  • a ticket in a raffle; and
  • an item at a fundraising auction; and
  • a meal or beverage; and
  • attending a conference, seminar or similar function.

A fundraising contribution of any amount is considered a gift.

An event, however described, where any part of the funds raised are retained by a political party, an MLA, an associated entity, a candidate, or a third party campaigner.

Gift means each of the following:

  • a disposition of property made by a person or organisation to someone else, without consideration in money or money’s worth or with inadequate consideration;
  • the provision of a service, other than volunteer labour, for no consideration or inadequate consideration; and
  • the part of an annual subscription paid to a party for membership of the party that is more than $250.

A gift does not include:

  • a disposition of property under a will;
  • an annual subscription paid to a party for membership of the party that is $250 or less;
  • a gift that is given to an individual in a private capacity for the individual’s private use and the individual does not use the gift solely or substantially for a purpose related to an election;
  • affiliation fees paid to a party;
  • compulsory levies paid to a party by a party’s elected representatives;
  • administrative expenditure funding paid by the ACT Electoral Commission; or
  • election funding paid by an electoral commission.

Non-party candidate grouping, for a candidate who is not a party candidate means:

  • the candidate; and
  • any other person who has incurred electoral expenditure with the authority of the candidate to support the candidate in contesting the election.

Non-party prospective candidate grouping, for a candidate who is not a party candidate means:

  • the prospective candidate; and
  • any other person who has incurred electoral expenditure with the authority of the prospective candidate to support the prospective candidate in contesting the election.

Party grouping for a registered party means:

  • the party;
  • an MLA for the party;
  • a candidate for the party; and
  • a prospective candidate for the party.

a. a corporation that carries on a business involving the residential or commercial development of land to sell or lease for profit; but

b. does not include the following:

  1. an incorporated association under the Associations Incorporation Act 1991;
  2. a corporation operated on a not-for-profit basis;
  3. a corporation declared by the Electoral Commission as not being a property developer;
  4. any other corporation prescribed by regulation.

Examples—subpar (ii)

  1. a company under the Corporations Act limited by guarantee that is prevented by its governing documents from distributing the company’s profits or assets to its share-holders
  2. a corporation registered with the Australian Charities and Not for profits Commission

A person who is yet to be declared as a candidate for an election by the Electoral Commissioner, but has:

  • won preselection, or endorsement, to be a candidate for the party for an election;
  • publicly announced that he or she intends to be a candidate for the election; or
  • been nominated with the Electoral Commissioner to be a candidate for the election.

A person or organisation that incurs more than $1,000 in electoral expenditure in the disclosure period for an election, but does not include:

  • a party, MLA, candidate, party grouping, non-party candidate grouping or non-party prospective candidate grouping;
  • a broadcaster;
  • a publisher of a news publication (except a publication published for, or for the benefit of, a party, MLA, candidate, party grouping, non-party candidate grouping or non-party prospective candidate grouping);
  • a government agency; or
  • the Legislative Assembly.