Gifts exceeding State and Territory gift cap
302CJ Gifts exceeding State and Territory gift cap
A person or entity (the donor) contravenes this subsection if:
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
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.
The State and Territory gift cap is 5 times the annual gift cap (see section 302B).
A person or entity is connected to a State or Territory if the person or entity is any of the following:
a political party that is a State branch in the State or Territory;
a member of the House of Representatives for a Division in the State or Territory;
a Senator for the State or Territory;
a candidate in a general election for a Division in the State or Territory;
a candidate in a Senate election for the State or Territory;
a nominated entity of a registered political party covered by paragraph (a).
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.
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:
the gift is made:
in the calendar year; and
by a person or entity; and
the amount or value of the gift, when added to the amount of value of each previous annual gift (if any) made:
in that calendar year; and
by that person or entity; and
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
Subsection (1) does not apply if:
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 or entity that received the gift is connected to; 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 State and Territory gift cap for the calendar year in relation to the State or Territory.
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).
Civil penalty
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:
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 gift exceeded the State and Territory gift cap in relation to the State or Territory at the time the gift was made—3 times that amount or value.
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