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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 155
Electoral
Amendment Bill 2016
Mr
Wood
A Bill for an Act to amend the Electoral Act
NORTHERN TERRITORY OF AUSTRALIA
ELECTORAL AMENDMENT ACT 2016
____________________
Act No. [ ] of 2016
____________________
Table of provisions
Division 3A Prohibited donations
198A Definitions
198B No donations by prohibited donors
198C Determination
that person not prohibited donor
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2016
____________________
An Act to amend the Electoral Act
[Assented to [ ] 2016]
[Second reading [ ] 2016]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Electoral Amendment Act 2016.
This Act amends the Electoral Act.
Section 3
insert (in alphabetical order)
close associate, for Part 10, Division 3A, see section 198A.
donation, for Part 10, Division 3A, see section 198A.
liquor or gambling industry business entity, for Part 10, Division 3A, see section 198A.
prohibited donor, for Part 10, Division 3A, see section 198A.
property developer, for Part 10, Division 3A, see section 198A.
tobacco industry business entity, for Part 10, Division 3A, see section 198A.
tobacco product, , for Part 10, Division 3A, see section 198A.
4 Part 10, Division 3A inserted
After section 198
insert
Division 3A Prohibited donations
In this Division:
close associate, of a corporation, means:
(a) a director or secretary of the corporation, or a spouse or de facto partner of the director or secretary; or
(b) a corporation that is a related body corporate to the corporation, within the meaning of the Corporations Act 2001; or
(c) a director or secretary of such a related body corporate; or
(d) another corporation (the second corporation), if:
(i) the ability or capacity to control or procure the composition of the board of directors of the second corporation is held by not less than 50% of the persons comprising, or having the ability or capacity to control or procure, the composition of the board of directors of the corporation; or
(ii) the ability or capacity to cast, or control or procure the casting of, not less than 50% of the maximum number of votes that may be cast at a general meeting of the second corporation is held by persons having the ability or capacity to control, or procure the control of, not less than 50% of the maximum number of votes that may be cast at a general meeting of the corporation; or
(iii) the holding of legal title to, or of a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise in, not less than 50% of the shares in the second corporation carrying voting rights in respect of one or more subject matters capable of resolution at a general meeting of the second corporation, is held by persons holding legal title to, or a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise, in not less than 50% of the shares in the corporation carrying voting rights of the same kind.
donation means a donation that is a gift or loan mentioned in Division 3.
liquor or gambling industry business entity means:
(a) a corporation that engages in a business that includes, for the purpose of making a profit, one or both of the following:
(i) the manufacture or sale of liquor as defined in section 4(1) of the Liquor Act;
(ii) gambling, including the manufacture of machines used primarily for gambling; or
(b) a close associate of a corporation mentioned in paragraph (a).
prohibited donor means a property developer, a tobacco industry business entity or a liquor or gambling industry business entity and includes any other corporation the majority of members of which are prohibited donors.
property developer means a corporation that engages in a business that regularly involves the making of development applications under the Planning Act with the ultimate purpose of the sale or lease of land, or a close associate of the corporation.
tobacco industry business entity means a corporation that engages in the business of the manufacture or sale of a tobacco product, or a close associate of the corporation.
tobacco product, see section 6 of the Tobacco Control Act.
198B No donations by prohibited donors
(1) A prohibited donor must not make a donation.
(2) A person must not make a donation on behalf of a prohibited donor.
(3) A person must not accept a donation that is wholly or partly made by a prohibited donor or by a person on behalf of a prohibited donor.
(4) A prohibited donor must not solicit another person to make a donation.
(5) A person must not solicit another person on behalf of a prohibited donor to make a donation.
(6) A person who contravenes any of subsections (1) to (5) commits an offence.
Maximum penalty: 200 penalty units.
198C Determination that person not prohibited donor
(1) A person (the applicant) may apply to the Commissioner for a determination that the applicant is not a prohibited donor.
(2) The application must be made in the approved form and contain information as to why the person does not consider that they are a prohibited donor.
(3) The Commissioner must consider the application and, not later than 60 days after the application is made, do one of the following:
(a) make a determination in writing as to whether the person is not a prohibited donor;
(b) refuse to make such a determination.
(4) The determination remains in force for 12 months after it is made but the Commissioner may revoke the determination at any time by notice in writing to the applicant.
(5) A determination, while in force, has the following effects:
(a) it creates an irrebuttable presumption that the applicant is not a prohibited donor, as regards a person who makes or accepts a donation;
(b) it does not create a presumption in favour of a person who knows that any of the information contained in the application was false or misleading in a material particular.
(6) The Commissioner must keep a public register of the determinations that the Commissioner makes under this section and publish it in the manner that the Commissioner considers appropriate.
(7) An applicant must not make an application under this section that the applicant knows contains information that is false or misleading in a material particular.
Maximum penalty: 200 penalty units.
This Act expires on the day after it commences.
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