140Making of payments

140 Making of payments

(1)  Subject to this Act, a payment to be made to a registered party is, unless section 133(3) applies –

(a) to be made to the party or the party agent in relation to the party; and

(b) is to be paid into the campaign account of the party.

(2)  Payments to be made to an independent Assembly candidate or a candidate to whom a notice under section 133(3) relates are –

(a) to be made to the candidate; and

(b) if –

(i) the candidate is an independent Assembly candidate – to be paid into the campaign account in relation to the independent Assembly candidate; or

(ii) the candidate is a candidate to whom a notice under section 133(3) relates – to be paid into an account nominated by the candidate.

(3)  Despite subsections (1) and (2) , the Commission may, if it thinks it proper to do so in the circumstances, direct that the whole or any part of a payment under this Part be made to a specified account with a financial institution established for or in trust for a party, for the members of a party or for a candidate.

(4)  Payments may be made under this Part to a party agent, or official agent, subject to the reasonable conditions, if any, in respect of the disbursement of the amount paid, that the Commission determines.

(5)  A party agent, or official agent, must comply with any condition determined in accordance with subsection (4) and applicable to the agent or any of the agent’s predecessors.

Penalty:  Fine not exceeding 100 penalty units.

(6)  It is a defence to a prosecution for an offence under subsection (5) if the party agent, or official agent, establishes that the agent did not know, and could not reasonably have known, that the condition was applicable as referred to in that subsection.

(7)  If a payment is made under this Part and the recipient is not entitled to receive the whole or any part of the amount paid, whether because of a false statement in a claim or otherwise, the amount or that part of the amount may be recovered by the Commission as a debt in any court of competent jurisdiction.