Western Australian Current Acts Western Australian Current Acts (1) In this section
—
electoral expenditure , in relation to an
election, has the meaning given in section 175AA(1);
section 175LN notice means a written notice that
complies with the requirements of section 175LN(1).
(2) In this section
the following terms have the meanings given in section 175LL —
authorised deposit-taking institution
participation day
State campaign account
(3) For the purposes
of sections 175LM, 175LN and 175U(1) and this section, the first participation
day of a person who is, on commencement day, an elected member is the day on
which the elected member was nominated for election at the most recent
election for which they were a candidate.
(4) Despite
section 175LM, a responsible person for a political entity in relation to
which a participation day has occurred before commencement day does not commit
an offence under section 175LM(1) if —
(a) by
the end of the period of 5 business days after commencement day —
(i)
a State campaign account for the political entity is
established at an authorised deposit-taking institution; and
(ii)
a State campaign account for the political entity is kept
during the period in which the political entity engages in incurring electoral
expenditure in relation to an election; and
(iii)
the responsible person gives the Electoral Commissioner a
section 175LN notice in relation to the State campaign account;
or
(b) the
responsible person for the political entity complies with section 175LM(2) by
the end of the period of 5 business days after commencement day; or
(c) the
responsible person has a reasonable excuse.
(5) Despite
sections 175LN and 175U, a responsible person for a political entity in
relation to which a participation day has occurred before commencement day
does not commit an offence under section 175U(1) in relation to the
section 175LN notice if —
(a) by
the end of the period of 5 business days after commencement day, the
responsible person gives the Electoral Commissioner a section 175LN notice in
relation to the political entity’s State campaign account; or
(b) the
responsible person has a reasonable excuse.
(6) Part 6 Division 5
applies to a section 175LN notice given under subsection (4) or (5) as if it
were a disclosure document within the meaning of section 175T(1).
[Section 233 inserted: No. 30 of 2023 s. 180.]