Money in State campaign accounts
175LO Money in State campaign accounts
The responsible person for a political entity must ensure that money is not paid into the political entity’s State campaign account unless the money may be paid into the account under this section.
Penalty for this subsection:
if the political entity is a political party — a fine of $36 000;
otherwise — a fine of $24 000.
The following may be paid into a State campaign account of a political entity —
a political contribution;
a subscription in respect of a person’s membership of a political party, a division of a political party, an associated entity or a third‑party campaigner;
income that consists of a payment received under Division 2A;
other income received by the political entity;
a payment for interest paid on amounts in the account, a refund for electoral expenditure in relation to an election or other similar amounts;
a payment of a kind determined by the Electoral Commissioner under subsection (5) as a payment that may be paid into a State campaign account.
However, the following must not be paid into a State campaign account of a political entity —
money to be used for a purpose related to an election or a by‑election under the Commonwealth Electoral Act 1918;
a foreign contribution.
The responsible person for a political entity does not commit an offence under subsection (1) if the responsible person or another person takes all reasonable steps to ensure the money paid into the political entity’s State campaign account contrary to subsection (1) is withdrawn from the account within 5 business days after the day on which the person becomes aware that the money has been paid contrary to subsection (1).
The Electoral Commissioner may, by a written notice published on the Commission website, determine that a kind of payment (other than a payment referred to in subsection (3)) is a payment that may be paid into the State campaign account.
The Electoral Commissioner may, by a written notice published on the Commission website, amend or repeal a determination published under subsection (5).
The responsible person for a political entity does not commit an offence under subsection (1) if money is paid into the political entity’s State campaign account in reliance on a determination or purported determination of the Electoral Commissioner under subsection (5) in force when the money is paid into the account.
[Section 175LO inserted: No. 30 of 2023 s. 128.]
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