Commonwealth Electoral Act 1918

This section applies if:

a registered political party, a significant third party, a candidate or a member of a group receives from a corporation a gift whose amount or value is more than the disclosure threshold; and

the corporation is wound up in insolvency, or by the court on other grounds, within a year of making the gift.

The amount or value of the gift is payable, and may be recovered by the liquidator as a debt due to the liquidator in a court of competent jurisdiction, by:

for a gift to or for the benefit of a registered political party or a significant third party (the gift recipient):

if the gift recipient is a body corporate—the gift recipient; or

if the gift recipient is a registered political party that is not a body corporate—the agent of the gift recipient; or

if the gift recipient is a significant third party that is not a body corporate—the financial controller of the gift recipient; or

for a gift to or for the benefit of a candidate or member of the group—the candidate or member, or the agent of the candidate or the group.

The gift received by the liquidator is an asset of the corporation to be distributed under the provisions of the Corporations Act 2001.