New South Wales Consolidated Acts

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ELECTORAL FUNDING ACT 2018 - SECT 50

Prohibition on receiving loans unless details recorded

50 Prohibition on receiving loans unless details recorded

(cf section 96G EFED Act)

(1) It is unlawful for a person to receive a reportable loan (other than a loan from a financial institution), unless the person makes a record of the following--
(a) the terms and conditions of the loan,
(b) the name and address of the entity or other person making the loan.
(2) For the purposes of this section--
(a) separate loans made by one entity or other person to the same party, elected member, group, candidate or person within a relevant disclosure period are to be aggregated and treated as a single loan, and
(b) each transaction in which credit is provided by the use of a credit card is taken to be a separate loan.
(3) In this section--

"financial institution" means an entity whose principal business is the provision of financial services or financial products, and includes an authorised deposit-taking institution.

"loan" means an advance of money, the provision of credit or any other transaction that in substance effects a loan of money.

"reportable loan" means a loan that, if it had been a gift, would be a reportable political donation that is required to be disclosed under this Part.



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