76Making of payments

#### 76 Making of payments 76 Making of payments (cf section 68 EFED Act) > > (1) Subject to this Act, a payment to be made to a party or candidate under this Part is to be made to the party or party agent of the party or to the candidate (as the case requires). > > > (2) The Electoral Commission may instead, 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. > > > (3) Despite subsections (1) and (2), payments to be made to a candidate are required to be paid into the campaign account of the candidate if such an account is required to be kept under Division 5 of Part 3. > > > (4) Subject to and in accordance with the regulations, the Electoral 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 person, body or organisation other than the party or party agent referred to in subsection (1). > > > (5) Except as prescribed by the regulations, details of any direction under subsection (4) are to be included in the report of the Electoral Commission under section 154 for the reporting period in which the direction was given. > > > (6) Payments may be made under this Part to an agent subject to such reasonable conditions with respect to the disbursement of the amount paid as the Electoral Commission determines. > > > (7) An agent must comply with any condition determined in accordance with subsection (6) and applicable to the agent or any of the agent’s predecessors. > > > > Maximum penalty—100 penalty units. > > > (8) It is a defence to a prosecution for an offence under subsection (7) if the 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. > > > (9) 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 Electoral Commission as a debt in any court of competent jurisdiction.