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Electoral Act 2004
190Loans to registered party or candidate
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190 Loans to registered party or candidate
(1) A registered party or candidate (the receiver) must not receive a
loan of $1 500 or more from a person or entity (the lender) that is
not an ADI, 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 lender is a registered industrial organisation:
(i) the name of the organisation; and
organisation;
(c) if the lender is an unincorporated body (other than a registered
industrial organisation):
(i) the name of the body; and
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executive committee (however described) of the body;
(d) if the loan was paid out of a trust fund or the funds of a
foundation:
(ii) the title or other description of the trust fund, or the name
of the foundation;
(e) if paragraphs (b), (c) and (d) do not apply to the loan – the
name and address of the lender.
(3) For subsection (1), a person who is a candidate in an election is
taken to remain a candidate for 30 days after election day for the
(4) If the receiver receives a loan to which subsection (1) applies but
does not comply with subsection (2), the relevant person must pay
to the Territory an amount equal to the amount of the loan.
(5) The amount payable under subsection (4) may be recovered by the
Territory as a debt.
(6) For this section, if credit is given on a credit card for card
transactions, each transaction is taken to be a separate loan.
(7) In this section:
relevant person means:
(a) for a loan to or for the benefit of a registered party:
(i) if the party is a corporation – the party; or
(ii) if subparagraph (i) does not apply – the reporting agent
of the party; or
(b) for a loan to or for the benefit of a candidate – the candidate.
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