Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:2_2:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 1/2)
Character Range: 99694–102487

2                       A person or entity that, at the time the relevant gift is credited, is:                    The 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is credited (subject to subsection (5))
                        (a) either:
                        (i) registered as a significant third party; or
                        (ii) a third party; and
                        (b) registered under the Australian Charities and Not‑for‑profits Commission Act 2012

Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the giving of the notice (see section 303N of this Act).

Other requirements for notice
 (3) The notice under subsection (1) must:
 (a) be in the approved form; and
 (b) set out the details required by section 303M (content of donation disclosure notices).

Gifts credited close to the start of an election period—recipient other than registered charity
 (4) Despite subsection (2), if:
 (a) a gift is credited in relation to a recipient (other than a recipient covered by column 1 of item 2 of the table in subsection (2)) before the start of the election period in relation to:
 (i) an election; or
 (ii) a by‑election, if the recipient is covered by subsection (6) in relation to the by‑election; and
 (b) at the time the election period starts, the responsible person for the recipient has not given the Electoral Commission a notice under subsection (1) in relation to the gift;
then the responsible person must give the Electoral Commission the notice on or before the end of the earlier of the following days:
 (c) the 21st day of the calendar month that immediately follows the calendar month in which the gift is credited;
 (d) the day before the day that is 12 days before polling day for the election or by‑election (as the case requires).

Gift credited by registered charity during an election period
 (5) Despite subsection (2), if a gift is credited in relation to a recipient covered by column 1 of item 2 of the table in subsection (2):
 (a) after the start of the election period in relation to:
 (i) an election; or
 (ii) a by‑election, if the recipient is covered by subsection (6) in relation to the by‑election; and
 (b) before the Thursday that immediately precedes the polling day for the election or by‑election;
then the responsible person for the recipient must give the Electoral Commission the notice on or before the earlier of the following days:
 (c) the 21st day of the calendar month that immediately follows the calendar month in which the relevant gift is credited;
 (d) the Thursday mentioned in paragraph (b).
 (6) A recipient is covered by this subsection in relation to a by‑election if the recipient:
 (a) is a significant third