39Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—independent

#### 39 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—independent 39 Requirements for political donations to, and electoral expenditure by, elected member, group or candidate—independent (cf section 96A EFED Act) > > (1) This section applies to an elected member, group or candidate to which section 38 does not apply. > > > (2) It is unlawful for political donations to a group or candidate to be accepted unless the group or candidate is registered under this Act. > > > (3) 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 elected member, group or candidate into a campaign account of the member, group or candidate kept in accordance with this Division, and > > > > > (b) the payment for that electoral expenditure is made by that elected member, group or candidate from that campaign account. > > > (4) It is unlawful for an elected member to make payments for electoral expenditure for the elected member’s own election or re-election unless the payments are made from the elected member’s campaign account kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection. > > > (5) It is unlawful for a candidate or group to make payments for electoral expenditure for the candidate or group’s own election or re-election unless the group or candidate is registered under this Act and the payments are made from the candidate or group’s campaign account kept in accordance with this Division. The guidelines of the Electoral Commission may exclude minor payments from the operation of this subsection. > > > (6) Subject to the regulations, an individual (other than an elected member or candidate) may be appointed in writing by an elected member, group or candidate to accept political donations to be made to the elected member, group or candidate or to make payments for electoral expenditure from a campaign account by the elected member, group or candidate, or both.