Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:3_302ba:p2
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 3 cl 302BA (pt 2/3)
Character Range: 127620–130225

(i) to the registered political party or any person or entity related to the registered political party; and
 (ii) by, or on behalf of, the same donor; and
 (iii) during the election period for the same by‑election;
  results in an amount or value that is more than the by‑election gift cap.
Note: See subsection (4) for when a person or entity is related to a registered political party.

Meaning of exceeds the Senate‑only election gift cap
 (3) A Senate‑only election gift exceeds the Senate‑only election gift cap if:
 (a) the amount or value of the gift is more than the Senate‑only election gift cap; or
 (b) the amount or value of the gift, when added to the amount or value of each previous Senate‑only election gift (if any) that was made:
 (i) to the same person or entity; and
 (ii) by, or on behalf of, the same donor; and
 (iii) during the election period for the same Senate‑only election;
  results in an amount or value that is more than the Senate‑only election gift cap; or
 (c) the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous Senate‑only election gift (if any) that was made:
 (i) to the registered political party or any person or entity related to the registered political party; and
 (ii) by, or on behalf of, the same donor; and
 (iii) during the election period for the same Senate‑only election;
  results in an amount or value that is more than the Senate‑only election gift cap.
Note: See subsection (4) for when a person or entity is related to a registered political party.

When a person or entity is related to a registered political party
 (4) For the purposes of paragraphs (1)(c), (2)(c) and (3)(c), each of the following is related to a registered political party:
 (a) a member of the House of Representatives who is a member of the registered political party;
 (b) a Senator who is a member of the registered political party;
 (c) a candidate who is endorsed by the registered political party;
 (d) the nominated entity (if any) registered as the registered political party's nominated entity, as set out in the Transparency Register at the time the relevant gift is made.
Note 1: For registered political party, see subsection 4(1).
Note 2: An effect of subsection (4) is that a registered political party is not related to another registered political party for the purposes of paragraph (1)(c), (2)(c) or (3)(c).
Example: The Quokka Party (ACT) is a registered political party, as is the Quokka Party (NSW).
 The