Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_302ca:p1
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 302CA (pt 1/2)
Character Range: 68150–70669

302CA  Relationship with State and Territory electoral laws

Giving, receiving or retaining gifts
 (1) Despite any State or Territory electoral law, a person or entity may:
 (a) give a gift to, or for the benefit of, a political entity, a political campaigner or a third party (a gift recipient); or
 (b) if the person or entity is a gift recipient—receive or retain a gift; or
 (c) on behalf of a gift recipient, receive or retain a gift;
if:
 (d) this Division does not prohibit the giving, receiving or retaining of the gift; and
 (e) the gift, or part of the gift, is required to be, or may be, used for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2).
 (2) A gift, or part of a gift, is required to be, or may be, used for a purpose of incurring electoral expenditure, or creating or communicating electoral matter, if:
 (a) any terms set by the person or entity providing the gift explicitly require or allow the gift or part to be used for that purpose (whether or not those terms are enforceable); or
 (b) the person or entity providing the gift does not set terms relating to the purpose for which the gift or part can be used.

Gifts made or retained for State or Territory electoral purposes
 (3) Without limiting when subsection (1) does not apply, that subsection does not apply in relation to all or part of a gift if:
 (a) any terms set by the person or entity providing the gift explicitly require the gift or part to be used only for a State or Territory electoral purpose (whether or not those terms are enforceable); or
 (b) either:
 (i) the effect of a State or Territory electoral law is to require the gift or part to be kept or identified separately (or to require the gift or part to be kept or identified separately in order to be entitled to a benefit under that law); or
 (ii) the gift recipient keeps or identifies the gift or part separately;
  in order to be used only for a State or Territory electoral purpose.
Note: For the purposes of subparagraph (3)(b)(ii), a gift recipient may identify the electoral purpose for which a gift is to be used at any time prior to using that gift. A person who gives, receives or retains a gift that is used for a State or Territory electoral purpose in contravention of a State or Territory electoral law may be liable to a penalty under the State or Territory electoral law.
Example: A gift is given without expressing an intended purpose, and ultimately is used for a