Document ID: chunk:federal_register_of_legislation:C2008C00455:clause:1_79:p1
Version: federal_register_of_legislation:C2008C00455
Segment Type: clause
Provision Reference: sch 1 cl 79 (pt 1/2)
Character Range: 35722–38277

79  Subsections 305A(1), (2) and (3)
Repeal the subsections, substitute:

 (1) A person must provide a return in accordance with this section if:
 (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any candidate in the election or a member of a group; and
 (b) the total amount or value of the gift or gifts was:
 (i) equal to or more than the amount prescribed for the purposes of this paragraph; or
 (ii) if no amount is prescribed—more than $10,000; and
 (c) at the time the person makes the gift or gifts the person is not:
 (i) a registered political party; or
 (ii) a State branch of a registered political party; or
 (iii) an associated entity; or
 (iv) a candidate in an election; or
 (v) a member of a group.

Note: The dollar amount mentioned in this subsection is indexed under section 321A.

 (1A) A person must provide a return in accordance with this section if:
 (a) the person makes a gift or gifts, during the disclosure period in relation to an election, to any person or body (whether incorporated or not) specified, by legislative instrument, by the Electoral Commission; and
 (b) the total amount or value of the gift or gifts was:
 (i) equal to or more than the amount prescribed for the purposes of this paragraph; or
 (ii) if no amount is prescribed—more than $10,000; and
 (c) at the time the person makes the gift or gifts the person is not:
 (i) a registered political party; or
 (ii) a State branch of a registered political party; or
 (iii) an associated entity; or
 (iv) a candidate in an election; or
 (v) a member of a group.

Note: The dollar amount mentioned in this subsection is indexed under section 321A.

 (2) The person must provide to the Electoral Commission a return setting out the required details of:
 (a) all gifts covered by subsections (1) and (1A) made during the disclosure period; and
 (b) all gifts of more than $10,000, received by the person at any time, that the person used during the period (either wholly or partly):
 (i) to enable the person to make the gifts mentioned in paragraph (a); or
 (ii) to reimburse the person for making such gifts.

Note: The dollar amount mentioned in this subsection is indexed under section 321A.

 (2A) For the purposes of subsection (2), 2 or more gifts made, during the disclosure period in relation to an election, by the same person to another person are taken to be one gift.

 (3) The return must:
 (a) be provided to the Electoral Commission before the end of 15 weeks after the polling day for the election;