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ecsa.sa.gov.au Election Campaigners 2018 : Electoral Commission South Australia

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Organisation : Electoral Commission South Australia
Facility : Election Campaigners 2018
Applicable For : Campaigners
Country : Australia
Details : https://ecsa.sa.gov.au/about-ecsa/news/attention-2018-election-campaigners

ECSA Election Campaigners

Are you intending to spend more than $10,000 campaigning during the period 1 January 2018 to 16 April 2018? If so, you may be considered a third party campaigner under the funding and disclosure provisions of the Electoral Act 1985 (the Act).

Related : ECSA Australia State Election 17th March 2018 : www.electionin.org/2811.html

Third parties have funding and disclosure obligations.

A ‘third party’ is defined in section 130A of the Act as a person who incurs or intends to incur more than $10,000 in political expenditure during the designated period, excluding
** A Member of the House of Assembly or Legislative Council.
** The Crown (including a public sector agency within the meaning of the Public Sector Act 2009).
** A registered political party, group or candidate.
** A person engaged in a broadcasting service (within the meaning of the Broadcasting Services Act 1992 (Commonwealth) or a datacasting service.
** The publisher of a journal (including a journal published in electronic form on the internet).

The designated period for the 2018 State Election commences on 1 January 2018 and ends on 16 April 2018.

Political Expenditure

Political expenditure is defined in section 130A of the Act as expenditure incurred :
** For the purposes of the public expression of views on a political party, a candidate or a Member of Parliament, by any means.
** For the purposes of the public expression of views on an issue in an election, by any means.
** For the purposes of the production of any political material that is required under sections 112, 115A and 116 to include the name and address of the author or the person who takes responsibility for the publication of the material.
** For the purposes of carrying out an opinion poll, or other research, relating to an election or the voting intentions of electors.
** For any other prescribed purpose or expenditure of a prescribed kind.

Political expenditure is defined in section 130A(1) of the Electoral Act 1985 (‘the Act’) as 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 Parliament 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 sections 112, 115A or 116 of the Act 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; or
f) of a prescribed kind.

In addition to the four general ‘purpose’ categories set out in the definition in section 130A(1), expenditure for a particular purpose or of a certain kind can also be prescribed by regulations.

The definition in section 130A(1) also states that political expenditure does not include:
a) GST payments.
b) Expenditure of an allowance, expense or benefit (as determined by the Remuneration Tribunal) under section 4(1)(c), or under section 6A(1) of the Parliamentary Remuneration Act 1990.
c) Administrative expenditure.
d) Expenditure of a prescribed kind.

Administrative expenditure is defined as expenditure relating to the administration and operation of a registered political party (section 130A(1) of the Act).

Regulation 18A of the Electoral Regulations 2009 prescribes expenditure which is included and excluded from the definition of political expenditure.

Gifts and Loans

It is unlawful for the following persons, or a person acting on behalf of the following, to receive a gift of $200 or more unless the name and address of the donor are known or provided to the recipient (section 130ZJ of the Electoral Act 1985 (‘the Act’)):
a) Relevant Entities (a Registered Political Party, Associated Entity, or Third Party).
b) A candidate or member of a group.

The recipient must have no grounds to believe that the name and address the donor provided are not true.

It is unlawful for the following persons, or a person acting on behalf of the following, to receive a loan of $1,000 or more (other than a loan from an authorised deposit-taking institution) unless the name and address of the lender, and the terms and conditions of the loan are recorded (section 130ZK of the Act)

a) Relevant Entities (a Registered Political Party, Associated Entity, or Third Party).
b) A candidate or member of a group.

If the donor or lender is not a natural person, then additional details must be recorded.
a) For an association, you must also record the names and addresses of the members of the executive committee.
b) For a trust or foundation, you must also record the names and addresses of the trustees.
c) For a body corporate, you must also record the names and addresses of the members of the board, and the names of any related body corporate.
d) For a loan from a registered industrial organisation, you must also record the names and addresses of the members of the executive committee.

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