Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_302d:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 302D (pt 1/3)
Character Range: 694995–697630

302D  Donations to members of the House of Representatives, Senators, registered political parties, candidates, Senate groups, significant third parties and associated entities by foreign donors
 (1) A person contravenes this subsection if:
 (a) the person is:
 (ia) a member of the House of Representatives (the gift recipient) or a Senator (the gift recipient); or
 (i) an agent of a political entity (the gift recipient); or
 (ii) a financial controller of a significant third party or an associated entity (the gift recipient); and
 (b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and
 (c) the gift is made by, or on behalf of, a person (the donor); and
 (d) the donor is a foreign donor; and
 (e) at the time the gift is made, the amount or value of the gift is at least $1,000; and
 (f) acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.
Note 2: The amount or value of the gift might be a debt due to the Commonwealth under section 302Q.
Note 3: The physical elements of an offence against subsection (2) are set out in this subsection (see section 302R).

Exception—obtaining information about foreign donor status
 (1A) Subsection (1) does not apply in relation to a gift made by a person (the donor) if:
 (a) before the end of the acceptable action period in relation to the gift, the donor affirmed in writing to the member of the House of Representatives, Senator, agent or financial controller, or to the political entity, significant third party or associated entity, that the donor was not a foreign donor; and
 (b) for a gift whose amount or value was, at the time the gift was made, at least equal to the disclosure threshold—before the end of the acceptable action period in relation to the gift:
 (i) the member of the House of Representatives, Senator, agent or financial controller obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or
 (ii) the member of the House of Representatives, Senator, agent or financial controller took reasonable steps to verify that the donor was not a foreign donor; and
 (c) in any case—the member of the House of Representatives, Senator, agent or financial controller did not, at any time during the acceptable action period in relation to the gift, know, or have reasonable grounds to believe, that the donor was a foreign donor.
Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of