Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_302f:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 302F (pt 1/3)
Character Range: 703680–706324

302F  Gifts provided for the purposes of incurring electoral expenditure etc.

Offence by gift recipient etc.
 (1) A person or entity (the relevant person) contravenes this subsection if:
 (a) the relevant person is:
 (ia) a member of the House of Representatives or a Senator; or
 (i) the agent of a political entity; or
 (ii) the financial controller of a significant third party or an associated entity; or
 (iii) a third party; and
 (b) a gift is made to, or for the benefit of, the member of the House of Representatives, Senator, political entity, significant third party, associated entity or third party by a foreign donor; and
 (c) the relevant person knows that the donor is a foreign donor; and
 (d) the amount or value of the gift is at least $100; and
 (e) either of the following applies:
 (i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter;
 (ii) the relevant person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and
 (f) acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Offence by foreign donor
 (2) A person or entity (the donor) contravenes this subsection if:
 (a) the donor is a foreign donor; and
 (b) the donor makes a gift to, or for the benefit of, another person or entity; and
 (c) the other person or entity is:
 (ia) a member of the House of Representatives or a Senator; or
 (i) a political entity; or
 (ii) a significant third party; or
 (iia) an associated entity; or
 (iii) a third party; and
 (d) if the other person or entity is a third party:
 (i) the donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; or
 (ii) the donor knows that the other person or entity accepts the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and
 (e) in any case—acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

Offence
 (3)