Document ID: chunk:federal_register_of_legislation:C2015A00161:clause:1_245as
Version: federal_register_of_legislation:C2015A00161
Segment Type: clause
Provision Reference: sch 1 cl 245AS
Character Range: 8282–9346

245AS  Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship‑related event
 (1) A person (the first person) contravenes this subsection if:
 (a) the first person offers to provide, or provides, a benefit to another person (the second person); and
 (b) the first person offers to provide, or provides, the benefit in return for the occurrence of a sponsorship‑related event.
Civil penalty: 240 penalty units.
 (2) To avoid doubt, the first person contravenes subsection (1) even if the sponsorship‑related event does not occur.
 (3) Subsection (1) does not apply if the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the second person or a third person.
 (4) A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.
Note: It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section 486ZF).