Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:3_302ce:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 3 cl 302CE (pt 1/2)
Character Range: 143301–145950

302CE  Gifts exceeding by‑election gift cap

Gifts received by a person or entity
 (1) A person or entity contravenes this subsection if:
 (a) the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and
 (b) the recipient receives a by‑election gift; and
 (c) at the time the gift is made, the gift exceeds the by‑election gift cap.
Note 1: For exceeds the by‑election gift cap, see subsections 302BA(2) and (4).
Note 2: The amount or value by which the by‑election gift exceeds the by‑election gift cap may be a debt due to the Commonwealth under section 302Q.
Note 3: See subsections 287(6) and (8) to (8D) for the treatment of related bodies corporate, and significant third parties, third parties, associated entities and their branches, for the purposes of this Part.

Gifts made by a person or entity
 (2) A person or entity (the donor) contravenes this subsection if:
 (a) the donor makes a by‑election gift; and
 (b) at the time the gift is made, the gift exceeds the by‑election gift cap.
Note 1: For exceeds the by‑election gift cap, see subsections 302BA(2) and (4).
Note 2: The amount or value by which the by‑election gift exceeds the by‑election gift cap may be a debt due to the Commonwealth under section 302Q.
Note 3: See subsections 287(6) and (8) to (8D) for the treatment of related bodies corporate, and significant third parties, third parties, associated entities and their branches, for the purposes of this Part.

Exception—no knowledge by‑election gift cap exceeded
 (3) Subsection (1) does not apply if:
 (a) at the time the by‑election gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the by‑election gift cap; and
 (b) acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person 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).
 (4) Subsection (2) does not apply if:
 (a) at the time the by‑election gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the by‑election gift cap; and
 (b) the donor took acceptable donor action in relation to the gift within 6 weeks 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