Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_302f:p1
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 302F (pt 1/2)
Character Range: 79257–81915

302F  Gifts provided for the purposes of incurring electoral expenditure etc.

Offence by gift recipient etc.
 (1) A person or entity (the relevant person) contravenes this subsection if:
 (a) the relevant person is:
 (i) the agent of a political entity; or
 (ii) the financial controller of a political campaigner; or
 (iii) a third party; and
 (b) a gift is made to, or for the benefit of, the political entity, political campaigner or third party by a foreign donor; and
 (c) the relevant person knows that the donor is a foreign donor; and
 (d) the amount or value of the gift is at least $100; and
 (e) either of the following applies:
 (i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter;
 (ii) the relevant person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and
 (f) acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Offence by foreign donor
 (2) A person or entity (the donor) contravenes this subsection if:
 (a) the donor is a foreign donor; and
 (b) the donor makes a gift to, or for the benefit of, another person or entity; and
 (c) the other person or entity is:
 (i) a political entity; or
 (ii) a political campaigner; or
 (iii) a third party; and
 (d) if the other person or entity is a third party:
 (i) the donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; or
 (ii) the donor knows that the other person or entity accepts the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and
 (e) in any case—acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Offence
 (3) A person or entity commits an offence if the person or entity contravenes subsection (1) or (2).
Penalty:
 (a) for a contravention of subsection (1) by a third party—50 penalty units; or
 (b) otherwise—100 penalty units.
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to