Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:4_302apb
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 4 cl 302APB
Character Range: 199858–201351

302APB  Capped entity Divisional cap
 (1) A person contravenes this subsection if:
 (a) the person is the financial controller of an entity; and
 (b) at a time in a calendar year, the entity:
 (i) is a capped expenditure entity; and
 (ii) 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 the entity exceeds the capped entity 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.
 (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 capped entity 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.