Commonwealth Electoral Act 1918

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

the relevant person is:

a member of the House of Representatives or a Senator; or

the agent of a political entity; or

the financial controller of a significant third party, an associated entity or a nominated entity; or

a third party; and

a gift is made to, or for the benefit of, the member of the House of Representatives, Senator, political entity, significant third party, associated entity, nominated entity or third party by a foreign donor; and

the relevant person knows that the donor is a foreign donor; and

the amount or value of the gift is at least $100; and

either of the following applies:

the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter;

the relevant person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and

acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.

The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

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

the donor is a foreign donor; and

the donor makes a gift to, or for the benefit of, another person or entity; and

the other person or entity is:

a member of the House of Representatives or a Senator; or

a political entity; or

a significant third party; or

an associated entity; or

a nominated entity; or

a third party; and

if the other person or entity is a third party:

the donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; or

the donor knows that the other person or entity accepts the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and

in any case—acceptable action has not been taken in relation to the gift before the end of the acceptable action period in relation to the gift.

The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).

A person or entity commits an offence if the person or entity contravenes subsection (1) or (2).

for a contravention of subsection (1) by a third party—50 penalty units; or

otherwise—100 penalty units.

Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).

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

either:

for a contravention of subsection (1) by a third party—100 penalty units; or

otherwise—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, of the gift at the time the gift is made—3 times that amount or value.

Subsection (5) applies:

whether or not the conduct constituting the contravention of subsection (1) or (2) occurs in Australia; and

whether or not a result of the conduct constituting the alleged contravention of subsection (1) or (2) occurs in Australia.