Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 287C

Entities that are not incorporated

    For the purposes of this Act and the Regulatory Powers Act:

  (a)   expenditure is taken to be incurred by or with the authority of an entity that is not a legal person if the expenditure is incurred by or with the authority of any member, agent or officer (however described) of the entity who, acting in his or her actual or apparent authority, incurred the expenditure; and

  (b)   a contravention of:

  (i)   section   287F (requirement to register as a significant third party) that would otherwise have been committed by an entity that is not a legal person; or

  (ii)   any other provision of this Part that would otherwise have been committed by a significant third party that is not a legal person;

    is taken to have been committed by the financial controller of the entity or significant third party; and

  (c)   a contravention of a provision of this Part that would otherwise have been committed by an entity (except a political entity or a significant third party) that is not a legal person is taken to have been committed by each member, agent or officer (however described) of the entity who, acting in that person's actual or apparent authority, engaged in any conduct or made any omission contributing to the contravention.

Note:   See also subsection   287(8) (significant third parties and third parties that have branches).


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