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REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 110A

Definitions

    In this Part:

"address" of a natural person or entity means:

  (a)   for a natural person--a full street address and suburb or locality at which the person can be contacted; or

  (b)   for an entity:

  (i)   if the entity has a principal office--a full street address and suburb or locality of the office; or

  (ii)   if the entity does not have a principal office, but does have premises--a full street address and suburb or locality of the premises; or

  (iii)   in the case of any other entity that authorised the communication of referendum matter--a full street address and suburb or locality at which the natural person who was responsible for giving effect to the authorisation can be contacted.

"ancillary contravention" of section   110C means a contravention of that section as a result of section   92 of the Regulatory Powers Act (ancillary contravention of civil penalty provisions).

"authorises" : a person authorises the communication of referendum matter if:

  (a)   if the content of the matter is approved before the matter is communicated--the person approves the content of the matter; or

  (b)   otherwise--the person communicates the matter.

Examples:   In the case of a call centre, the person who was originally responsible for approving the content of the phone calls from the call centre is the person who authorises the communication. In the case of an email whose content has not previously been approved, the person who sends the email authorises the communication.

"communicate" : a carriage service provider does not communicate referendum matter merely because the carriage service provider supplies the listed carriage service used to communicate the matter.

"conduct" means an act or an omission to perform an act.

"disclosure entity" : a person or entity is a disclosure entity at a particular time if the person or entity is any of the following at that time:

  (a)   a registered political party (within the meaning of the Commonwealth Electoral Act 1918 );

  (b)   an associated entity (within the meaning of Part   XX of that Act);

  (c)   a person or entity who:

  (i)   is or will be required to provide a return under section   305A or 305B of that Act for the financial year in which the time occurs; or

  (ii)   based on conduct in previous financial years, may be required to provide a return under section   305A or 305B of that Act for the financial year in which the time occurs;

    except if the return is provided because of electoral expenditure incurred solely for the purposes of carrying out an opinion poll, or other research, relating to an election or the voting intentions of electors;

  (e)   a referendum entity;

  (ea)   a significant third party (within the meaning of Part   XX of the Commonwealth Electoral Act 1918 );

  (f)   a senator or a member of the House of Representatives.

Note:   Sections   305A and 305B of the Commonwealth Electoral Act 1918 require returns relating to gifts to candidates, political parties and significant third parties.

"primary contravention" of section   110C means a contravention of that section that is not an ancillary contravention of that section.

"relevant town or city" of an entity that authorised the communication of referendum matter means:

  (a)   if the entity has a principal office--the town or city in which the office is located; or

  (b)   if the entity does not have a principal office, but does have premises--the town or city in which the premises are located; or

  (c)   otherwise--the town or city in which the natural person who was responsible for giving effect to the authorisation lives.


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