Tasmanian Numbered Acts

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ELECTORAL DISCLOSURE AND FUNDING ACT 2023 (NO. 37 OF 2023) - SECT 65

Requirements if party agent responsible for disclosure of electoral expenditure
(1)  It is unlawful for a party agent in relation to a registered party, or any person authorised under subsection (6) by a party agent in relation to a registered party, to make a payment –
(a) for electoral expenditure for the election or re-election, as an Assembly Member, of an Assembly Member who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred; or
(b) to reimburse electoral expenditure, incurred by another person, for the election or re-election, as an Assembly Member, of an Assembly Member who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred –
unless the payment is made from the campaign account of the registered party.
(2)  It is unlawful for a party agent in relation to a registered party, or any person authorised under subsection (6) by a party agent in relation to a registered party, to make a payment –
(a) for electoral expenditure for the election or re-election, as an Assembly Member, of an Assembly candidate who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred; or
(b) to reimburse electoral expenditure incurred by another person for the election or re-election, as an Assembly Member, of an Assembly candidate, who is endorsed by the registered party or who was endorsed by the registered party at the time at which the electoral expenditure was incurred –
unless the relevant requirements are satisfied in relation to the payment.
(3)  For the purposes of subsection (2) , the relevant requirements are satisfied in relation to the payment if –
(a) the payment is made from the campaign account of the registered party; and
(b) the candidate was, at the time at which the expenditure to which the payment relates was incurred, registered in the Register of Candidates in relation to the election.
(4)  The guidelines may exclude minor payments from the operation of one or more requirements of subsection (3) .
(5)  This section does not prevent payments, other than for electoral expenditure, being made out of the campaign account of a party for objects and activities of the party that are referred to in section 37(1) .
(6)  Subject to the regulations, the party agent in relation to a registered party may, in writing, authorise a person to operate a campaign account of the party for the purposes of making, on behalf of the party agent, payments from a campaign account of the party.



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