Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:4_302amc
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 4 cl 302AMC
Character Range: 184600–186144

302AMC  Senate 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 State or Territory; and
 (c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year targeted to the State or Territory, by members of the expenditure group, exceeds the Senate cap for the State or Territory.
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 State or Territory, 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 Senate cap for the State or Territory—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.