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s 233

State campaign accounts

In force
Part 9Transitional provisions
Division 2Transitional provisions for Electoral Amendment (Finance and Other Matters) Act
Subdivision 2Transitional provisions commencing on 1 July

233 State campaign accounts

(1)

In this section —

electoral expenditure, in relation to an election, has the meaning given in section 175AA(1);

section 175LN notice means a written notice that complies with the requirements of section 175LN(1).

(2)

In this section the following terms have the meanings given in section 175LL —

authorised deposit‑taking institution

participation day

State campaign account

(3)

For the purposes of sections 175LM, 175LN and 175U(1) and this section, the first participation day of a person who is, on commencement day, an elected member is the day on which the elected member was nominated for election at the most recent election for which they were a candidate.

(4)

Despite section 175LM, a responsible person for a political entity in relation to which a participation day has occurred before commencement day does not commit an offence under section 175LM(1) if —

(a)

by the end of the period of 5 business days after commencement day —

(i)

a State campaign account for the political entity is established at an authorised deposit‑taking institution; and

(ii)

a State campaign account for the political entity is kept during the period in which the political entity engages in incurring electoral expenditure in relation to an election; and

(iii)

the responsible person gives the Electoral Commissioner a section 175LN notice in relation to the State campaign account;

or

(b)

the responsible person for the political entity complies with section 175LM(2) by the end of the period of 5 business days after commencement day; or

(c)

the responsible person has a reasonable excuse.

(5)

Despite sections 175LN and 175U, a responsible person for a political entity in relation to which a participation day has occurred before commencement day does not commit an offence under section 175U(1) in relation to the section 175LN notice if —

(a)

by the end of the period of 5 business days after commencement day, the responsible person gives the Electoral Commissioner a section 175LN notice in relation to the political entity’s State campaign account; or

(b)

the responsible person has a reasonable excuse.

(6)

Part 6 Division 5 applies to a section 175LN notice given under subsection (4) or (5) as if it were a disclosure document within the meaning of section 175T(1).

[Section 233 inserted: No. 30 of 2023 s. 180.]

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