Electoral Act 1992

This section applies if a loan of an amount that equals or exceeds the gift threshold amount is received—

by or for a registered political party; or

by or for an associated entity of a registered political party; or

by or for a candidate in an election during the disclosure period for the election.

The following person must keep a record that complies with subsection (3) about the loan—

for a loan received by or for a registered political party—the agent of the party;

for a loan received by or for an associated entity of a registered political party—the financial controller of the entity;

for a loan received by or for a candidate in an election—the agent of the candidate.

The record about the loan must include—

the amount of the loan; and

the terms and conditions of the loan; and

if the loan was received from a registered industrial organisation—

the name of the organisation; and

the names and addresses of the members of the executive committee (however described) of the organisation; and

the relevant particulars of the entity that made the loan; and

if the entity that made the loan is not the source of the loan—the relevant particulars of the entity that is the source of the loan; and

if the loan is a political donation made to or for the benefit of an electoral committee under section 203 established by the registered political party for an electoral district—the electoral district.

If a person contravenes subsection (2) in relation to a loan—

the receipt of the loan is taken to have been unlawful; and

the amount of the loan is payable by the person to the State.

The amount may be recovered by the State as a debt due to the State from—

for a loan received by or for a registered political party that is not a corporation—the agent of the party; or

for a loan received by or for an associated entity of a registered political party that is not a corporation—the financial controller of the entity; or

for a loan received by or for a candidate in an election—the candidate or the agent of the candidate; or

otherwise—the entity that received the loan or for whose benefit the loan was received.