ELECTORAL ACT 1992 - SECT 218A Certain loans not to be received

ELECTORAL ACT 1992 - SECT 218A

    (1)     A party, MLA, candidate, third-party campaigner or associated entity (the receiver ) must not receive a loan of $1 000 or more for electoral expenditure from a person or entity (the giver ) that is not a financial institution, unless the receiver complies with this section.

    (2)     The receiver of the loan must immediately make a record of the following:

        (a)     the terms of the loan;

        (b)     if the giver is a registered industrial organisation—

              (i)     the name of the organisation; and

              (ii)     the names and addresses of the members of the executive committee (however described) of the organisation;

        (c)     if the giver is an unincorporated body—

              (i)     the name of the body; and

              (ii)     the names and addresses of the members of the executive committee (however described) of the body;

        (d)     if the loan was paid out of a trust fund or the funds of a foundation—

              (i)     the names and addresses of the trustees of the fund or foundation; and

              (ii)     the title or other description of the trust fund, or the name of the foundation;

        (e)     in any other case—the name and address of the giver.

    (3)     If the receiver receives a loan to which subsection (1) applies but does not comply with subsection (2), the financial representative for the receiver must pay to the Territory an amount equal to the amount of the loan.

    (4)     The amount payable under subsection (3) is a debt payable to the Territory by the financial representative for the receiver and may be recovered by proceedings in a court of competent jurisdiction.

    (5)     For this section, if credit is given on a credit card for card transactions, each transaction is taken to be a separate loan.

    (6)     In this section:

"credit card" includes a debit card.