Subpart 2—Disclosure of loans

Subpart 2: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

214C Annual return of loans

(1)

A party secretary must file with the Electoral Commission, for each year, a return setting out—

(a)

the details specified in subsection (2) in respect of—

(i)

every loan entered into during the year that has a loan amount exceeding $15,000; and

(ii)

every loan entered into in any previous year that—

(A)

has a loan amount exceeding $15,000; and

(B)

at the close of 31 December of the year for which the return is filed, has an unpaid balance exceeding $15,000; and

(b)

the details specified in subsection (3) in respect of every loan entered into during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with—

(i)

the loan amounts of all other loans provided by the same lender during the year; or

(ii)

the unpaid balances of any loans provided by the same lender during any previous year; and

(c)

the details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000.

(2)

The details referred to in subsection (1)(a) are—

(a)

the name of the lender; and

(b)

the address of the lender; and

(c)

the loan amount; and

(d)

the date on which the loan was entered into; and

(e)

the repayment date for the loan, or a statement that there is no repayment date; and

(f)

the interest rate or rates; and

(g)

the unpaid balance of the loan amount, if any; and

(h)

the name and address of any guarantor of the loan; and

(i)

the details of any security given for the loan; and

(j)

whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.

(3)

The details referred to in subsection (1)(b) are—

(a)

the details specified in subsection (2); and

(b)

the total of the aggregated loan amount.

(4)

The details referred to in subsection (1)(c) are—

(a)

the number of loans; and

(b)

the total of the aggregated loan amounts.

(5)

A return must—

(a)

be filed by 30 April of the following year; and

(b)

be in a form required by the Electoral Commission; and

(c)

be accompanied by an auditor’s report obtained under section 214D.

(6)

In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.

(7)

Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year.

Section 214C: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).