Electoral Act 1985

Subject to this section, for the purposes of this Part, an electoral loan is—

a loan made to or for the benefit of a registered political party or a group, other than a loan made to a registered political party from a nominated entity of the registered political party that is not paid into a State campaign account kept under this Part and is only used for administrative expenditure; or

a loan (or such part of a loan) made to or for the benefit of a member of Parliament that was used or is intended to be used by the member—

solely or substantially for State electoral purposes or to the member's duties as a member; or

to enable the member to make, directly or indirectly, an electoral loan or to incur political expenditure; or

to reimburse the member for making, directly or indirectly, an electoral loan or incurring political expenditure; or

a loan (or such part of a loan) made to or for the benefit of a candidate that was used or is intended to be used by the candidate—

solely or substantially for State electoral purposes; or

to enable the candidate to make, directly or indirectly, an electoral loan or to incur political expenditure; or

to reimburse the candidate for making, directly or indirectly, an electoral loan or incurring political expenditure; or

a loan (or such part of a loan) made to or for the benefit of a third party that was used or is intended to be used by the third party—

solely or substantially for State electoral purposes; or

to enable the third party to make, directly or indirectly, an electoral donation or to incur political expenditure; or

to reimburse the third party for making, directly or indirectly, an electoral donation or incurring political expenditure.

If any part of a loan that is not an electoral loan pursuant to subsection (1)(b),

or (d) is subsequently used for State electoral purposes, a member's duties as a member or to incur political expenditure, that part of the loan becomes an electoral loan.

A loan to an associated entity is taken—

in the case of an associated entity that is a nominated entity of a registered political party—to be a loan to or for the benefit of the party and (if made) to have been accepted by the agent of the registered political party; and

in any other case—to be a loan to or for the benefit of the party in respect of which the entity is associated and (if made) to have been accepted by the agent of the registered political party.

Subsection (3) does not apply to a loan made by a registered political party to a nominated entity of the registered political party.