Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:3_302ba:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 3 cl 302BA (pt 1/3)
Character Range: 125454–127851

302BA  Meaning of exceeds the annual gift cap etc.

Meaning of exceeds the annual gift cap
 (1) An annual gift exceeds the annual gift cap for a calendar year if:
 (a) the amount or value of the gift is more than the annual gift cap for the calendar year in which the gift is made; or
 (b) the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) that was made:
 (i) to the same person or entity; and
 (ii) by, or on behalf of, the same donor; and
 (iii) in the same calendar year;
  results in an amount or value that is more than the annual gift cap for the calendar year; or
 (c) the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous annual gift (if any) that was made:
 (i) to the registered political party or any person or entity related to the registered political party; and
 (ii) by, or on behalf of, the same donor; and
 (iii) in the same calendar year;
  results in an amount or value that is more than the annual gift cap for the calendar year.
Note 1: See subsection (4) for when a person or entity is related to a registered political party.
Note 2: The annual gift cap for a calendar year resets if a general election is held in the calendar year (see section 302CG).

Meaning of exceeds the by‑election gift cap
 (2) A by‑election gift exceeds the by‑election gift cap if:
 (a) the amount or value of the gift is more than the by‑election gift cap; or
 (b) the amount or value of the gift, when added to the amount or value of each previous by‑election gift (if any) that was made:
 (i) to the same person or entity; and
 (ii) by, or on behalf of, the same donor; and
 (iii) during the election period for the same by‑election;
  results in an amount or value that is more than the by‑election gift cap; or
 (c) the gift is made to a registered political party, or a person or entity related to a registered political party, and the amount or value of the gift, when added to the amount or value of each previous by‑election gift (if any) that was made:
 (i) to the registered political party or any person or entity related to the registered political party; and
 (ii) by, or on behalf of, the same donor; and
 (iii) during the election period for the same by‑election;
  results in an