41Campaign accounts of elected members, groups or candidates

#### 41 Campaign accounts of elected members, groups or candidates 41 Campaign accounts of elected members, groups or candidates (cf section 96B EFED Act) > > (1) This section applies to an elected member, group or candidate to which section 38 does not apply. > > > (2) The campaign account of an elected member, group or candidate is to be a separate account with an authorised deposit-taking institution denominated in Australian dollars. > > > (3) The elected member or candidate for whom the account is operated is to be authorised to operate the account and is to operate the account. > > > (4) The lead candidate of the group (within the meaning of section 14) for whom the account is operated is to be authorised to operate the account and is to operate the account. > > > (5) 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. In that case, the amount paid and the terms on which the payment was made are to be disclosed in the relevant declaration lodged under this Part. > > > > Note. > > > > Section 76(3) requires electoral funding payments under Part 4 (Public funding of State election campaigns) for a candidate to be paid into the relevant campaign account. > > > (6) Payments out of a campaign account may only be made— > > > > > (a) for the purposes of electoral expenditure incurred by or on behalf of the elected member, group or candidate for whom the account is operated, or > > > > > (b) with the approval of the elected member, group or candidate for whom the account is operated, for the purposes of lawful expenditure referred to in section 36 incurred by or on behalf of the party of which they are a member, or > > > > > (c) to reimburse the elected member, group or candidate for money paid into the account by the member, group or candidate, or > > > > > (d) for the purpose of the elected member, group or candidate for whom the account is operated to make political donations to elected members, groups or candidates who are members of the same party, or > > > > > (e) for the purposes of expenditure incurred in connection with parliamentary or council duties of the person for whom the account is operated or in connection with community activities. > > > (7) Any amount remaining in a campaign account after the elected member, group or candidate for whom the account is operated ceases to be an elected member, group or candidate and no longer requires the account is to be paid— > > > > > (a) to any party of which any such person was a member at the time the person last became an elected member or last contested an election to become an elected member, or > > > > > (b) in the case of a group—to the campaign accounts (if any) operated for the candidates who were members of the group (the amount being divided equally among the candidates), or > > > > > (c) subject to paragraphs (a) and (b)—to a charity nominated by the person or by the Electoral Commission (if the person cannot be contacted after due inquiry). > > > (8) The regulations may make provision for or with respect to campaign accounts (including the control of accounts, the keeping of joint accounts and the provision of information to and the audit of accounts by the Electoral Commission).