Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_314b:p1
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 314B (pt 1/2)
Character Range: 118469–121135

314B  Relationship with State and Territory laws

Information on amounts provided or received
 (1) Despite any State or Territory electoral law, a person or entity is not required to disclose under the law an amount, or information relating to an amount, (including a gift or loan) if:
 (a) the amount is provided to or for the benefit of a political entity, political campaigner, third party or associated entity (the gift recipient); and
 (b) the person or entity is:
 (i) the gift recipient; or
 (ii) the person or entity providing the amount; or
 (iii) another person acting on behalf of the person or entity referred to in subparagraph (i) or (ii); and
 (c) either:
 (i) the amount is required to be used by or with the authority of the gift recipient for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2); or
 (ii) the amount may be used by or with the authority of the gift recipient for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2), and has not been used for a State or Territory electoral purpose before the end of the period during which the amount is required to be disclosed under the State or Territory electoral law.
Note: If an amount was used for State or Territory electoral purposes during the applicable State or Territory disclosure period, State or Territory electoral laws apply to the amount. A person who does not disclose, under a State or Territory electoral law, an amount used for a State or Territory electoral purpose before the end of that period may be liable to a penalty under the State or Territory electoral law.
 (2) An amount is required to be, or may be, used for a purpose of incurring electoral expenditure, or creating or communicating electoral matter, if:
 (a) any terms set by the person or entity providing the amount explicitly require or allow the amount to be used for that purpose (whether or not those terms are enforceable); or
 (b) the person or entity providing the amount does not set terms relating to the purpose for which the amount can be used.

Information on expenditure and debts
 (3) Despite any State or Territory electoral law, a person or entity (the debtor) is not required to disclose under the law an amount, or information relating to an amount, of expenditure or a debt (except a debt incurred as a result of a loan) if:
 (a) the debtor is a political entity, political campaigner, third party or associated entity; and
 (b) either of the following apply:
 (i) the expenditure is electoral expenditure;
 (ii) the debt was incurred