Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMONWEALTH ELECTORAL ACT 1918 - SECT 306B

Repayment of gifts where corporations wound up etc.

  (1)   This section applies if:

  (a)   a registered political party, a significant third party, a candidate or a member of a group receives from a corporation a gift whose amount or value is more than the disclosure threshold; and

  (b)   the corporation is wound up in insolvency, or by the court on other grounds, within a year of making the gift.

  (2)   The amount or value of the gift is payable, and may be recovered by the liquidator as a debt due to the liquidator in a court of competent jurisdiction, by:

  (a)   for a gift to or for the benefit of a registered political party or a significant third party (the gift recipient ):

  (i)   if the gift recipient is a body corporate--the gift recipient; or

  (ii)   if the gift recipient is a registered political party that is not a body corporate--the agent of the gift recipient; or

  (iii)   if the gift recipient is a significant third party that is not a body corporate--the financial controller of the gift recipient; or

  (b)   for a gift to or for the benefit of a candidate or member of the group--the candidate or member, or the agent of the candidate or the group.

Note:   The gift received by the liquidator is an asset of the corporation to be distributed under the provisions of the Corporations Act 2001 .

  (3)   Despite subsection   287(9), for the purposes of this section, a person who is a candidate in an election or by - election:

  (a)   is taken to begin to be a candidate in the election or by - election on the earlier of the following days:

  (i)   the day that is 6 months before the day the person announced that the person would be a candidate in the election or by - election;

  (ii)   the day that is 6 months before the day the person nominated as a candidate in the election or by - election; and

  (b)   is taken to cease to be a candidate in the election or by - election at the end of 30 days after the polling day in the election or by - election.

  (4)   Despite subsection   287(9), for the purposes of this section, a group:

  (a)   is taken to begin to be a group in an election on the day that is 6 months before the day the members of the group make a request under section   168 for their names to be grouped in the ballot papers for the election; and

  (b)   is taken to cease to be a group in the election at the end of 30 days after the polling day in the election.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback