Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_305a:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 305A (pt 1/3)
Character Range: 727954–730473

305A  Gifts to candidates etc.
 (1) A person or entity must provide a return in accordance with this section if:
 (a) the person or entity makes a gift or gifts to any candidate or member of a group in an election or by‑election; 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 the disclosure threshold; and
 (c) at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or an associated entity.
 (1A) A person or entity must provide a return in accordance with this section if:
 (a) the person or entity makes a gift or gifts:
 (i) during the period, relating to an election or by‑election, specified by legislative instrument by the Electoral Commissioner; and
 (ii) to any person or entity (whether incorporated or not) specified by the instrument; 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 the disclosure threshold; and
 (c) at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or associated entity.
 (2) The person or entity must, in accordance with this section, provide to the Electoral Commission a return setting out the required details of:
 (a) all gifts covered by subsections (1) and (1A); and
 (b) all gifts of more than the disclosure threshold, received by the person or entity at any time, that the person or entity used (either wholly or partly):
 (i) to enable the person or entity to make the gifts mentioned in paragraph (a) of this subsection; or
 (ii) to reimburse the person or entity for making such gifts.
Civil penalty:
The higher of the following:
 (a) 60 penalty units;
 (b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
 (2A) For the purposes of subsection (2), 2 or more gifts made by a person or entity are taken to be one gift if:
 (a) the gifts are made to the same candidate or group in an election or by‑election; or
 (b) the gifts are made to the same person or entity during the period specified by legislative instrument under paragraph (1A)(a).
 (3) The return must:
 (a) be provided to the Electoral Commission before the end of 15 weeks after the polling day