Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person or entity (the gift recipient ) contravenes this subsection if:
(a) the gift recipient is a third party; and
(b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and
(c) the gift is made by, or on behalf of, a person or entity (the donor ); and
(d) the donor is a foreign donor; and
(e) at the time the gift is made, the amount or value of the gift is at least equal to the disclosure threshold; and
(f) the gift recipient uses the gift:
(i) for the purposes of incurring electoral expenditure; or
(ii) for the dominant purpose of creating or communicating electoral matter; and
(g) acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note 1: The amount or value of the gift might be a debt due to the Commonwealth under section 302Q.
Note 2: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).
Exception--obtaining information about foreign donor status
(2) Subsection (1) does not apply if:
(a) before the end of 6 weeks after the gift was made, the donor affirmed in writing to the gift recipient that the donor was not a foreign donor; and
(b) before the end of 6 weeks after the gift was made:
(i) the gift recipient obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or
(ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and
(c) in any case--the gift recipient did not, at any time during that 6 - week period, know, or have reasonable grounds to believe, that the donor was a foreign donor.
Note 1: A person or entity that 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).
Offence
(3) A person or entity commits an offence if the person or entity contravenes subsection (1).
Civil penalty
(4) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1).
Civil penalty:
The higher of the following amounts:
(a) 100 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
(5) Section 4K of the Crimes Act 1914 does not apply in relation to an offence against subsection (3). Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (4).