Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:2_303j:p2
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 2 cl 303J (pt 2/2)
Character Range: 93006–95461

day the donation disclosure notice is received by the Electoral Commission.
Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of information under subsection (1) of this section (see section 303K of this Act).
 (3) A recipient is covered by this subsection in relation to a by‑election if:
 (a) the recipient is a candidate in the by‑election; or
 (b) the recipient is a registered political party, and a candidate in the by‑election is endorsed by the recipient; or
 (c) the recipient is a significant third party, an associated entity, a nominated entity, a third party or a State branch of a registered political party and, in the opinion of the Electoral Commissioner, the recipient has incurred, or intends to incur, electoral expenditure in relation to the by‑election.

False or misleading information
 (4) Despite subsection (1), the Electoral Commissioner is not required to publish on the Transparency Register information contained in a donation disclosure notice if the Electoral Commissioner reasonably believes that the information is false or misleading in a material particular.

Publication of other information where acceptable action taken
 (5) If, in relation to a gift, the recipient referred to in paragraph (1)(a) advises the Electoral Commissioner that:
 (a) acceptable recipient action, or action that would be acceptable recipient action if the gift had exceeded the annual gift cap for a calendar year; or
 (b) acceptable donor action, or action that would be acceptable donor action if the gift had exceeded the annual gift cap for a calendar year; or
 (c) acceptable action;
has been taken in relation to the gift, the Electoral Commissioner must publish the following in the entry in the Transparency Register relating to the gift before the end of the period of 24 hours beginning at the time the recipient so advises the Electoral Commissioner:
 (d) a statement that the recipient has advised the Electoral Commissioner that acceptable recipient action, acceptable donor action or acceptable action (as the case requires) has been taken in relation to the gift;
 (e) such other information (if any) prescribed by regulations made for the purposes of this paragraph.
Note: Subsection 36(2) of the Acts Interpretation Act 1901 (calculating time) does not apply to the publication of a statement or information under this subsection (see section 303K of this Act).