Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:9_314as
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 9 cl 314AS
Character Range: 352921–354798

314AS  Preventing application of certain obligations under this Part
 (1) A person contravenes this subsection if:
 (a) the person, either alone or with one or more other persons or entities:
 (i) enters into a scheme; or
 (ii) begins to carry out a scheme; or
 (iii) carries out a scheme; and
 (b) the sole or dominant purpose of the scheme is to avoid the operation of any one or more of the following provisions in relation to the person or another person or entity:
 (i) a civil penalty provision in Subdivision B of Division 1A (requirement to register as a significant third party or an associated entity);
 (ii) a civil penalty provision in Division 3AB (caps on electoral expenditure);
 (iii) a civil penalty provision in Subdivision AA or AC of Division 3A (caps on gifts);
 (iv) an offence or civil penalty provision in section 302D, 302E or 302F (donations by foreign donors);
 (v) a civil penalty provision in section 314AJ (foreign campaigner incurring, or fundraising for, electoral expenditure).
Note: For the definition of scheme, see subsection 287(1).

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) if the sole or dominant purpose of the scheme is to avoid the application of a single provision—the penalty applicable to the provision; and
 (b) if the sole or dominant purpose of the scheme is to avoid the application of multiple provisions—the highest of the penalties applicable to the provisions.
 (4) This section applies whether or not the scheme is entered into, begun to be carried out or carried out:
 (a) in Australia; or
 (b) outside Australia; or
 (c) partly in Australia and partly outside Australia.