Ban on acceptance of gifts from property developers etc—$250 or more
222I Ban on acceptance of gifts from property developers etc—$250 or more
A political entity commits an offence if—
the entity accepts a gift made by, or on behalf of, a property developer or a close associate of a property developer; and
the gift, together with any other gift made by the person in the financial year, is $250 or more; and
either—
at the time the gift is given, the property developer, or a close associate of the property developer, has made 1 or more relevant planning applications that have not been decided; or
in the 7-year period before the gift is given, the property developer, or a close associate of the property developer, has made 3 or more relevant planning applications.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Subsection (1) does not apply if the political entity takes reasonable steps to ensure that—
the person giving the gift, or the person on behalf of whom the gift is given, is not a property developer or a close associate of a property developer; or
neither of the circumstances mentioned in subsection (1) (c) apply to the property developer or close associate.
Examples—reasonable steps
1 obtaining a written declaration from the person who gives the gift about whether the person is a property developer or a close associate of a property developer
2 obtaining a written declaration from the person who gives the gift about whether the circumstances mentioned in s (1) (c) apply in relation to the gift
3 asking the person who gives the gift whether the person is a property developer or a close associate of a property developer
4 for a fundraising event intended to collect gifts from a large number of potential donors, providing clear written notice to potential donors that property developers, and close associates of property developers, are prohibited from giving gifts to a political entity
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
For recording and disclosure requirements in relation to the receipt of gifts by political entities—see s 216A.
In deciding whether a political entity takes reasonable steps under subsection (2), a court must have regard to the amount of the gift accepted by the political entity.
Subsection (3) does not limit the matters to which the court may have regard.
If the political entity contravenes subsection (1), the financial representative of the entity must pay to the Territory an amount equal to the amount of the gift.
The amount payable under subsection (5) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction.
This Act’s bill:Explanatory statement
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