Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:3_302cj:p1
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 3 cl 302CJ (pt 1/2)
Character Range: 153994–156417

302CJ  Gifts exceeding State and Territory gift cap
 (1) A person or entity (the donor) contravenes this subsection if:
 (a) at a time in a calendar year, the donor makes an annual gift to a person or entity connected to a State or Territory (see subsection (2)); and
 (b) at that time, the gift exceeds the State and Territory gift cap for the calendar year, in relation to the State or Territory that the person or entity is connected to.
Note: The State and Territory gift cap is 5 times the annual gift cap (see section 302B).
 (2) A person or entity is connected to a State or Territory if the person or entity is any of the following:
 (a) a political party that is a State branch in the State or Territory;
 (b) a member of the House of Representatives for a Division in the State or Territory;
 (c) a Senator for the State or Territory;
 (d) a candidate in a general election for a Division in the State or Territory;
 (e) a candidate in a Senate election for the State or Territory;
 (f) a nominated entity of a registered political party covered by paragraph (a).
 (3) An annual gift made to a person or entity connected to a State or Territory exceeds the State and Territory gift cap for a calendar year, in relation to the State or Territory the person or entity is connected to, if the amount or value of the gift is more than the State and Territory gift cap for the calendar year.
 (4) An annual gift made to a person or entity connected to a State or Territory also exceeds the State and Territory gift cap for a calendar year, in relation to the State or Territory the person or entity is connected to, if:
 (a) the gift is made:
 (i) in the calendar year; and
 (ii) by a person or entity; and
 (b) the amount or value of the gift, when added to the amount of value of each previous annual gift (if any) made:
 (i) in that calendar year; and
 (ii) by that person or entity; and
 (iii) to any person or entity connected to that State or Territory;
  results in an amount or value that is more than the State and Territory gift cap for the calendar year.

Exception—no knowledge State and Territory gift cap exceeded
 (5) Subsection (1) does not apply if:
 (a) at the time the annual gift was made, the donor did not know, and could not reasonably have been expected to know, that the gift exceeded the State and Territory gift cap for the calendar year in relation to the State or Territory that the person