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ELECTORAL ACT 1992 - SECT 217
Requirements for loan amounts paid into State campaign account
217 Requirements for loan amounts paid into State campaign account
(1) This section applies if— (a) an election participant is a registered
political party or candidate; and
(b) the amount of a loan made to the
participant is paid into the participant’s State campaign account.
(2) A
person must not pay an amount payable under the loan unless the person pays
the amount from the election participant’s State campaign account.
Penalty— Maximum penalty—200 penalty units.
(3) If the election
participant, or a person acting with the participant’s authority, becomes
aware an amount is a non-donation loan amount, the participant or person must
ensure an amount equal to the non-donation loan amount is withdrawn from the
participant’s State campaign account within 5 business days after becoming
aware. Penalty— Maximum penalty—200 penalty units.
(4) A person
does not commit an offence against subsection (2) or (3) if the person has a
reasonable excuse.
(5) In this section—
"amount payable" , under a loan, includes— (a) an amount of the principal or
interest payable on the loan; and
(b) a fee, duty or other charge payable for
the loan.
"non-donation loan amount" means an amount forgiven on a loan, to the extent
the amount is not a political donation. Note— See section 250 (1) for the
requirement for an amount to be accompanied by a donor statement to be a
political donation.
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