Ban on acceptance of gifts given by or on behalf of foreign entities—$250 or more
222Q Ban on acceptance of gifts given by or on behalf of foreign entities—$250 or more
A political entity commits an offence if—
the political entity accepts a gift given to it by or on behalf of a foreign entity; and
the gift, together with any other gift given to the political entity by the person in the financial year, is $250 or more.
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 gift is not being given to it by or on behalf of a foreign entity.
Examples—reasonable steps
1 obtaining a written declaration from the person who gives the gift about whether the person is a foreign entity
2 asking the person who gives the gift whether the person is a foreign entity
3 for a fundraising event intended to collect gifts from a large number of potential donors, providing clear written notice to potential donors that foreign entities 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 and s 216B.
In deciding whether a political entity has taken reasonable steps under subsection (2), a court must take into account the amount of the gift accepted by the political entity.
Subsection (3) does not limit the matters the court may take into account.
If a political entity contravenes subsection (1), the financial representative of the political 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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