Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:2_109ga:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 2 cl 109GA (pt 1/2)
Character Range: 113224–115909

109GA  Requirements for referendum entities
 (1) A person or entity (the recipient) that is a referendum entity for a referendum expenditure period must, in accordance with this section, give the Electoral Commission a written notice in relation to a gift if:
 (a) the recipient receives the gift from another person or entity (the donor) during the referendum gift period; and
 (b) either or both of the following apply:
 (i) the amount or value of the gift is more than the disclosure threshold;
 (ii) the total amount or value of all gifts received by the recipient from the donor during the referendum gift period is more than the disclosure threshold; and
 (c) either or both of the following apply:
 (i) the recipient knows that the donor intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter;
 (ii) the recipient accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.
Civil penalty:
The higher of the following:
 (a) 60 penalty units;
 (b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift mentioned in paragraph (a)—3 times that amount or value.
 (2) Subsection (1) applies to gifts received by the recipient whether or not the recipient was a referendum entity for the referendum expenditure period at the time the gift was received.

Time for giving notice
 (3) The recipient must give the Electoral Commission the notice in relation to the gift before the end of the period of:
 (a) if the recipient receives the gift during the period:
 (i) beginning on the Saturday that immediately precedes voting day for the referendum; and
 (ii) ending at the end of the seventh day after voting day for the referendum;
  24 hours beginning at the time the gift is received; or
 (b) if the recipient receives the gift during the referendum period for the referendum and paragraph (a) does not apply—7 days beginning on the later of the following:
 (i) the day the gift is received;
 (ii) the day the recipient becomes a referendum entity for the referendum expenditure period; or
 (c) if paragraphs (a) and (b) do not apply—7 days beginning on the later of the following:
 (i) the day the writ for the referendum is issued;
 (ii) the day the recipient becomes a referendum entity for the referendum expenditure period.
Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 109GD of this Act).

Form and