Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_302ca:p2
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 302CA (pt 2/2)
Character Range: 70432–72257

electoral purpose in contravention of a State or Territory electoral law may be liable to a penalty under the State or Territory electoral law.
Example: A gift is given without expressing an intended purpose, and ultimately is used for a State or Territory electoral purpose. The giving, receipt, retention and use of that gift must comply with the State or Territory electoral law.

Using gifts
 (4) Despite any State or Territory electoral law, a gift recipient may use, or authorise the use of, a gift for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, if this Division does not prohibit the use of the gift.
 (5) Without limiting when subsection (4) does not apply, that subsection does not apply in relation to all or part of a gift if the effect of the State or Territory electoral law is to require the gift or part to be kept or identified separately (or to require the gift or part to be kept or identified separately in order to be entitled to a benefit under that law) in order to be used only for a State or Territory electoral purpose.

When gifts are kept or identified separately
 (6) Without limiting paragraph (3)(b) or subsection (5), an amount that is all or part of a gift of money is kept or identified separately in order to be used only for a State or Territory electoral purpose if:
 (a) the amount is kept in an account where:
 (i) the only amounts deposited into the account are amounts to be used only for a State or Territory electoral purpose; and
 (ii) the only amounts paid out of the account are amounts incurred for a State or Territory electoral purpose; or
 (b) the amount is designated as an amount that must be used only for a State or Territory electoral purpose.

Subdivision B—Offences and civil penalty provisions relating to donations