Electoral Act 1907

This section applies if —

1 of the following events (a member terminating event) occurs after a candidate has been elected a member of the Council or the Assembly —

the member ceases to be a member and does not intend to incur additional electoral expenditure in relation to an election;

the member dies;

the member’s State campaign account has an amount remaining in it after debts owing in relation to the account have been satisfied.

Within the period set out in subsection (3), the responsible person for the member must pay the amount remaining in the member’s State campaign account to —

if, as a candidate, the member was a part of a group and a group terminating event has not occurred in relation to the group — the group’s State campaign account; or

if paragraph (a) does not apply and the member is a member of a political party when the member terminating event occurs — the political party’s State campaign account; or

if paragraphs (a) and (b) do not apply — a charity nominated by the member or responsible person.

For the purposes of subsection (2), the period is 28 days beginning on —

if this section applies because of subsection (1)(a)(i) — the day on which the responsible person for the member becomes aware that the member does not intend to incur additional electoral expenditure in relation to an election; or

otherwise — the day on which the member terminating event occurs.