Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 175A

175A .         Interpretation of this Part

        (1)         A reference in this Part to things done by or with the authority of a political party or a division of a political party shall, if the party or division is not a body corporate, be read as a reference to things done by or with the authority of members or officers of the party or division on behalf of the party or division.

        (2)         A reference in this Part to the endorsement by a political party of a candidate or group in an election includes a reference to the endorsement of that candidate or group by a body or organisation of which the party forms part or by a division of the party.

        (3)         A reference in this Part to a political party, other than a reference to the endorsement of a candidate or group in an election, shall be read as not including a reference to a part of the party.

        (4)         For the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money shall, if the regulations so provide, be determined in accordance with principles set out or referred to in the regulations.

        (5)         For the purposes of this Part —

            (a)         a body corporate and any other body corporate that is related to the first-mentioned body corporate shall be deemed to be the same person; and

            (b)         the question whether a body corporate is related to another body corporate shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001 of the Commonwealth.

        (6)         If the Electoral Commissioner determines and publishes an amount for the purposes of the definition of specified amount in section 175, the amount published becomes the specified amount —

            (a)         in relation to sections 175O, 175P, 175Q and 175R(1)(b), (c) and (d) — from the end of the period of 30 days mentioned in that definition; and

            (b)         in relation to sections 175N, 175R(1)(a) and 175ZE —on and from 1 July next following publication.

        (7)         For the purposes of this Part, an advertisement relates to an election if it contains electoral matter, whether or not consideration was given for the publication or broadcasting of the advertisement.

        (8)         For the purposes of Division 4, electoral expenditure incurred by or with the authority of a division of a political party shall be taken to have been incurred by the party.

        [Section 175A inserted: No. 75 of 1992 s. 4 (as amended: No. 43 of 1996 s. 26); amended: No. 10 of 2001 s. 220.]

        [Heading inserted: No. 75 of 1992 s. 4.]



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