Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_302d:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 302D (pt 2/3)
Character Range: 697401–700023

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 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 a federal purpose 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).

Candidates and groups
 (5) Despite subsection 287(9), for the purposes of this section, a person who is a candidate in an election or by‑election:
 (a) is taken to begin to be a candidate in the election or by‑election on the earlier of the following days:
 (i) the day that is 6 months before the day the person announced that the person would be a candidate in the election or by‑election;
 (ii) the day that is 6 months before the day the person nominated as a candidate in the election or by‑election; and
 (b) is taken to cease to be a candidate in