Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_302d:p1
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 302D (pt 1/2)
Character Range: 72259–74822

302D  Donations to registered political parties, candidates, Senate groups and political campaigners by foreign donors
 (1) A person contravenes this subsection if:
 (a) the person is:
 (i) an agent of a political entity (the gift recipient); or
 (ii) a financial controller of a political campaigner (the gift recipient); and
 (b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and
 (c) the gift is made by, or on behalf of, a person (the donor); and
 (d) the donor is a foreign donor; and
 (e) at the time the gift is made, the amount or value of the gift is at least $1,000; and
 (f) acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note 2: The amount or value of the gift might be a debt due to the Commonwealth under section 302Q.
Note 3: The physical elements of an offence against subsection (2) are set out in this subsection (see section 302R).

Exception—obtaining information about foreign donor status
 (1A) Subsection (1) does not apply in relation to a gift made by a person (the donor) if:
 (a) before the end of 6 weeks after the gift was made, the donor affirmed in writing to the agent or financial controller, or to the political entity or political campaigner, that the donor was not a foreign donor; and
 (b) for a gift whose amount or value was, at the time the gift was made, at least equal to the disclosure threshold—before the end of 6 weeks after the gift was made:
 (i) the agent or financial controller obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or
 (ii) the agent or financial controller took reasonable steps to verify that the donor was not a foreign donor; and
 (c) in any case—the agent or financial controller did not, at any time during that 6‑week period, know, or have reasonable grounds to believe, that the donor was a foreign donor.
Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Note 2: A person who makes a false affirmation or provides false donor information for the purposes of paragraph (a) or subparagraph (b)(i) of this subsection may be liable to a penalty (see section 302G).

Exception—private capacity
 (1B) Subsection (1) does not apply if the gift was made in a private capacity to the gift recipient for the gift recipient's personal use.
Note: A person