38Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—members of registered parties

#### 38 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—members of registered parties 38 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—members of registered parties (cf section 96A EFED Act) > > (1) This section applies to an elected member, group or candidate if a party agent is, under section 14, the person responsible for making a disclosure required under this Part on behalf of the elected member, group or candidate. > > > (2) It is unlawful for political donations to an elected member to be accepted unless the donations are paid to the party agent. > > > (3) It is unlawful for political donations to a group or candidate to be accepted unless— > > > > > (a) the group or candidate is registered under this Act, and > > > > > (b) the donations are paid to the party agent. > > > (4) It is unlawful for political donations to an elected member, group or candidate to be used to incur electoral expenditure or reimburse a person for incurring electoral expenditure unless— > > > > > (a) the donations were paid by the party agent into the campaign account of the party of the party agent kept in accordance with this Division, and > > > > > (b) the payment for that electoral expenditure is made by that party agent from that campaign account. > > > (5) It is unlawful for a party agent or any person authorised to operate a campaign account under this section to make payments for electoral expenditure for an elected member’s election or re-election unless the payments are made from the campaign account of the elected member’s party kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection. > > > (6) It is unlawful for a party agent or any person authorised to operate a campaign account under this section to make payments for electoral expenditure for a candidate or group’s election or re-election unless the group or candidate is registered under this Act and the payments are made from the campaign account of the candidate or group’s party kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection. > > > (7) Subject to the regulations, if this section applies to an elected member, group or candidate— > > > > > (a) the party agent concerned is to be authorised to operate the relevant campaign account of the party and is to operate the account, and > > > > > (b) the party agent concerned may appoint in writing a person to operate such a campaign account of the party in order to make payments for electoral expenditure from a campaign account on behalf of the party agent for an elected member, group or candidate. > > > (8) In addition to political donations, money may be paid into a campaign account by the elected member, group or candidate for whom the account is operated. > > > (9) For subsection (8), the amount paid and the terms on which the payment was made must be disclosed in the relevant declaration lodged under this part. > > > > Note— > > > > Section 76(3) requires electoral funding payments under Part 4 for a candidate to be paid into the relevant campaign account. > > **s 38:** Am 2026 No 6, Sch 2\[16\].