Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_304:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 304 (pt 1/3)
Character Range: 722337–724813

304  Disclosure of gifts
 (2) The agent of each person (including a member of a group) who was a candidate in an election or by‑election shall, within 15 weeks after the polling day in the election, furnish to the Electoral Commission a return, in an approved form and in accordance with this section, setting out the total amount or value of all gifts, the number of persons who made gifts, and the relevant details of each gift, received by the person while the person was a candidate in the election or by‑election.
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 gifts not disclosed—3 times that amount or value.
 (3) Subject to subsection (3A), the agent of each group shall, within 15 weeks after the polling day in the election in relation to which the members of the group had their names grouped in the ballot papers, furnish to the Electoral Commission a return, in an approved form and in accordance with this section, setting out the total amount or value of all gifts, the number of persons who made gifts, and the relevant details of each gift, received by the group while the group was a group in the election.
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 gifts not disclosed—3 times that amount or value.
 (3A) In the case of a group all of whose members were endorsed by the same registered political party, a gift received by the group shall be taken to have been received:
 (a) if the party has 2 or more State branches—by the relevant State branch of the party; and
 (b) in any other case—by the party.
 (4) For the purposes of this section, a reference to the relevant details, in relation to a gift, shall be read as a reference to the amount or value of the gift, the date on which the gift was made and:
 (a) in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation:
 (i) the name of the association; and
 (ii) the names and addresses of the members of the executive committee (however described) of the association;
 (b) in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation:
 (i) the names and addresses of the trustees of the fund or of