Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:4_302ape
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 4 cl 302APE
Character Range: 204687–206611

302APE  Capped entity Senate‑only election cap
 (1) A person contravenes this subsection if:
 (a) the person is the financial controller of an entity; and
 (b) at a time in the Senate‑only election period for a Senate‑only election in a State or Territory, the entity:
 (i) is a capped expenditure entity; and
 (ii) incurs particular electoral expenditure for the purposes of the election in the State or Territory; and
 (c) as at the time (and including the particular expenditure), total electoral expenditure incurred in the Senate‑only election period for the purposes of the election, by the entity, exceeds the capped entity Senate‑only election cap for the election in the State or Territory.
Note 1: See Subdivision G for expenditure that does not count towards the cap, and for an exception for acceptable expenditure action. In addition, section 95 of the Regulatory Powers Act deals with mistake of fact.
Note 2: For the meaning of Senate‑only election period, see section 302ALA.
Note 3: This cap is separate from, and additional to, the capped entity cap, the capped entity Divisional cap and the capped entity Senate cap that apply under sections 302APA, 302APB and 302APC.
 (2) For the purposes of this section, the excess amount of the particular expenditure is:
 (a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or
 (b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(c) was less than the capped entity Senate‑only election cap for the election in the State or Territory—so much of the particular expenditure as results in total expenditure exceeding that cap.
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
The higher of the following:
 (a) 1,000 penalty units;
 (b) 3 times the excess amount of the particular expenditure.