30th November 2000
324.Section 161 is a general interpretation section in respect of donations. Amongst other things the section:
ensures that references to donations for meeting a particular kind of expenditure (eg. controlled expenditure by a recognised third party) include donations designed to save the donee incurring that kind of expenditure (so releasing funds to spend on the election campaign) (subsection (2)(a) );
enables donations which in all the circumstances must reasonably be assumed to be incurred for a particular purpose to count as donations for that purpose (subsection (2)(b) );
make clear that the words of exception (eg. in section 50(2)(d)) do not include a person who, although paying money out of his own resources (with no right to reimbursement), could be said to be acting on behalf of the party (subsection (4) );
fixes a time when a donation consisting of the direct payment of expenses (eg. as mentioned in section 50(2)(d)) is to be treated as received by the party (subsection (5) ).