Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_314b:p2
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 314B (pt 2/2)
Character Range: 120890–123281

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 for the purposes of incurring electoral expenditure, or creating or communicating electoral matter.

Interpretation
 (4) To avoid doubt, despite any State or Territory electoral law, a person is not required to disclose under the law an amount, or information relating to an amount, whether:
 (a) the amount or information is required to be included in a return provided under this Part; or
 (b) the amount or information is not required to be included in a return provided under this Part.
 (5) Despite any State or Territory electoral law, if, under this section, an amount, or information relating to an amount, is not required to be disclosed under the law, then a total amount, or information relating to a total amount, that is required to be disclosed under the law is not required to include the amount.

Amounts made or retained for State or Territory electoral purposes
 (6) Without limiting when subsection (1) does not apply, that subsection does not apply in relation to an amount of a gift if:
 (a) any terms set by the person or entity providing the amount explicitly require the amount to be used only for a State or Territory electoral purpose (whether or not those terms are enforceable); or
 (b) either:
 (i) the effect of a State or Territory electoral law is to require the amount to be kept or identified separately (or to require the amount to be kept or identified separately in order to be entitled to a benefit under that law); or
 (ii) the gift recipient keeps or identifies the amount separately;
  in order to be used only for a State or Territory electoral purpose.
 (7) Without limiting paragraph (6)(b), an amount is kept or identified separately in order to be used only for a State or Territory electoral purpose if:
 (a) the amount is kept in an account where:
 (i) the only amounts deposited into the account are amounts to be used only for a State or Territory electoral purpose; and
 (ii) the only amounts paid out of the account are amounts incurred for a State or Territory electoral purpose; or
 (b) the amount is designated as an amount that must be used only for a State or Territory electoral purpose.