Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:3_302ce:p2
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 3 cl 302CE (pt 2/2)
Character Range: 145724–146425

after the donor became aware that the gift exceeded the by‑election gift cap.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty
 (5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).
Civil penalty:
The higher of the following amounts:
 (a) 200 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, by which the by‑election gift exceeded the by‑election gift cap at the time the gift was made—3 times that amount or value.