Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_302d:p2
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 302D (pt 2/2)
Character Range: 74582–76285

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 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).

Exception—donations given on terms inconsistent with incurring electoral expenditure etc.
 (1C) Subsection (1) does not apply if using the gift for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, would be inconsistent with the terms of the gift.
Note: 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).

Offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 200 penalty units.

Civil penalty
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
The higher of the following amounts:
 (a) 200 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 the gift at the time the gift is made—3 times that amount or value.

Provision not continuing offence or civil penalty
 (4) Section 4K of the Crimes Act 1914 does not apply in relation to an offence against subsection (2). Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (3).