Loans received before the commencement
426 Loans received before the commencement
The unamended Act, section 272 applies in relation to a loan received before the commencement by any of the following entities—
a political party;
person acting for a political party;
a candidate for an election;
a person acting for a candidate for an election.
Subsection (3) applies if—
a person acting for a candidate in a relevant election received, during the disclosure period for the election, a loan from an entity, other than a financial institution; and
the value of the loan is equal to or more than the gift threshold amount.
A return given by the agent of the candidate under section 262 in relation to the election must state for the loan the details mentioned in section 262(2)(b).
Subsection (5) applies if—
a registered political party or person acting for a registered political party received, during a relevant period, a loan from an entity other than a financial institution; and
the value of the loan received from the entity is equal to or more than the gift threshold amount.
A return given by the agent of the registered political party under section 290 in relation to a relevant period must state the following details for the loan—
the amount of the loan;
when the loan was received;
the relevant particulars of the entity that made the loan.
If a return is required under subsection (3) or (5) to include the details referred to or mentioned in that subsection, the return is, for section 307(2)(a), incomplete if it does not include the details.
A person does not commit an offence against section 307(2)(b) if, before the commencement, the person failed to keep a record relating to a loan that—
under the unamended Act, could be lawfully received; but
under section 272, could not be lawfully received after the commencement.
In this section—disclosure period, for an election, see section 198.loan see section 197.relevant election see section 297.relevant particulars see section 197.relevant period means—
the period starting on 21 November 2013 and ending on 30 June 2014; or
the period starting on 1 July 2014 and ending on the commencement.
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