Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 273

273 Meaning of prohibited donor

(1) For this subdivision,
"prohibited donor" —

(a) means—

(i) a property developer; or

(ii) an industry representative organisation, a majority of whose members are property developers; but

(b) does not include an entity for whom a determination is in effect under section 277 .

Note—

See section 307C (4) in relation to the non-effect of a determination in particular circumstances.

(2) For subsection (1) (a) , each of the following persons is a
"property developer" —

(a) a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation—

(i) in connection with the residential or commercial development of land; and

(ii) with the ultimate purpose of the sale or lease of the land for profit;

(b) a close associate of a corporation mentioned in paragraph (a) .

(3) For deciding whether a corporation is a corporation mentioned in subsection (2) (a) , any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.

(4) Section 205 does not apply for this section.

(5) In this section—

"close associate" , of a corporation, means any of the following persons—

(a) a related body corporate of the corporation;

(b) a director or other officer of the corporation;

(c) a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;

(d) a spouse of an individual mentioned in paragraph (b) or (c) ;

(e) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;

(f) if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;

(g) if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.

"director" , of a corporation, see the Corporations Act , section 9 .

"officer" , of a corporation, see the Corporations Act , section 9 .

"related body corporate" , of a corporation, see the Corporations Act , section 9 .

"relevant planning application" means—

(a) an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or

(b) a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or

(c) an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or

(d) a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about the following under that Act—

(i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;

(ii) the imposition of, or change to, conditions on a coordinated project;

(iii) the preparation or variation of a development scheme; or

(e) an application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or

(f) a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act—

(i) a priority development area or provisional priority development area;

(ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area;

(iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or

(g) an application or request of a type prescribed by regulation to be a relevant planning application.

"stapled entity" —

(a) means an entity the interests in which are traded along with the interests in another entity as stapled securities; and

(b) for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.

"voting power" see the Corporations Act , section 610 .