Commonwealth Electoral Act 1918

A person or entity contravenes this subsection if:

the person or entity is the responsible person for a person or entity referred to in any of paragraphs 302CB(1)(a) to (i) (the recipient); and

the recipient receives a Senate‑only election gift; and

at the time the gift is made, the gift exceeds the Senate‑only election gift cap.

For exceeds the Senate‑only election gift cap, see subsections 302BA(3) and (4).

The amount or value by which the Senate‑only election gift exceeds the Senate‑only election gift cap may be a debt due to the Commonwealth under section 302Q.

See subsections 287(6) and (8) to (8D) for the treatment of related bodies corporate, and significant third parties, third parties, associated entities and their branches, for the purposes of this Part.

A person or entity (the donor) contravenes this subsection if:

the donor makes a Senate‑only election gift; and

at the time the gift is made, the gift exceeds the Senate‑only election gift cap.

For exceeds the Senate‑only election gift cap, see subsections 302BA(3) and (4).

The amount or value by which the Senate‑only election gift exceeds the Senate‑only election gift cap may be a debt due to the Commonwealth under section 302Q.

See subsections 287(6) and (8) to (8D) for the treatment of related bodies corporate, and significant third parties, third parties, associated entities and their branches, for the purposes of this Part.

Subsection (1) does not apply if:

at the time the Senate‑only election gift was received, the responsible person did not know, and could not reasonably have known, that the gift exceeded the Senate‑only election gift cap; and

acceptable recipient action was taken in relation to the gift within 6 weeks after the responsible person became aware that the gift exceeded the Senate‑only election gift cap.

A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Subsection (2) does not apply if:

at the time the Senate‑only election gift was made, the donor did not know, and could not reasonably have known, that the gift exceeded the Senate‑only election gift cap; and

the donor took acceptable donor action in relation to the gift within 6 weeks after the donor became aware that the gift exceeded the Senate‑only election gift cap.

A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, by which the Senate‑only election gift exceeded the Senate‑only election gift cap at the time the gift was made—3 times that amount or value.