Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:4_302amb
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 4 cl 302AMB
Character Range: 182279–184600

302AMB  Divisional cap
 (1) A person contravenes this subsection if:
 (a) the person is the liable person for a member of a registered political party's expenditure group; and
 (b) at a time in a calendar year, the member incurs particular electoral expenditure targeted to a Division; and
 (c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the Division, by members of the expenditure group, exceeds the Divisional cap.
Note 1: See Subdivision G for expenditure that does not count towards the cap, and for an exception for acceptable expenditure action. In addition, section 95 of the Regulatory Powers Act deals with mistake of fact.
Note 2: For the meaning of electoral expenditure targeted to a Division, see section 302ALC.
Example: The Federal Quokka Party and the Quokka Party (ACT) are registered political parties. The Quokka Party (ACT) is a State branch of the Federal Quokka Party. Candidate K. Roo is the Quokka Party (ACT)'s endorsed candidate for the Division of Canberra. The Quokka Party (ACT) and K. Roo, along with the Federal Quokka Party itself, are therefore all members of the Federal Quokka Party's expenditure group (see the definition of expenditure group in section 302ALF). The Quokka Party (ACT) and K. Roo each spend $10,000 on advertisements promoting K. Roo as the Quokka Party candidate for Canberra for the upcoming federal election. That electoral expenditure of $20,000 will count towards the Divisional cap, as well as the Federal cap, for the Federal Quokka Party's expenditure group as it was incurred by members of the expenditure group.
 (2) For the purposes of this section, the excess amount of the particular expenditure is:
 (a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or
 (b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the Divisional cap—so much of the particular expenditure as results in total expenditure exceeding that cap.
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
The higher of the following:
 (a) 1,000 penalty units;
 (b) 3 times the excess amount of the particular expenditure.